"""JS 44 (Rev. 3/99)

CIVIL COVER SHEET

The 1S-44 cIvil cover sheet and the information con~ah,~d herein neither replace I!~r supplement the filing a~. ..:rvice ~f pleadings or other.paper~ as required by

law except as provided by local ruleJ{f~?;~rt. ThIS form, approved by the JUdICial Conference of the United States m September 1974, IS required for the use of the Clerk of Court for t~~~\e ~cting the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE 0IF .THE FORM.)

PL~fiF~~ 'l I. (a)

\ \

DEFENDANTS

!,

.

EQl\a.l~LOYMENT r" . OPPORTUNITY

DALLAS MORNING NEtS

COMMISSION

~

\.II,J~ , 7 211c.·'

(b) County of Residence of First Listed HARRIS (EXCEPT IN U.S. PLAINTIFF CASES)

County of Residence of Firs Lis~ _ . ;'~",!,.:oD;.:;,A.~L.L:;:.A=:;:S_ _--.;..._ _
(IN U.S. PLAI TWWC;::A.$!!S ONLy),
NOTE IN LAND CONDEMNATIONCASES:~ 'rHE LOe'Q::rp~ OF THE
LAND INVOLVED

(c) Attorney's (Fmn Name, Address. and Telephone Number)
Rudy Sustaita, Sr. Trial Attorney EEOC - Houston District Office 1919 Smith Street 7th Floor Houston, Texas 77002-8049

Attorneys (If Known)
g-02CV

1262t

II. BASIS OF JURISDICTION (Place an "X" m One Box Only)

x

U S Government

PlaIntiff

o 3 Federal QuestIOn
(U S. Government Not a Party)

III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X" m One BoxforPlamlttf

(For Diversity Cases Only)

and One Box for Defendant)

PTF

DEF

PTF DEF

CItizen of This State 0 I 0 I Incorporated or Pnncipal Place 0 4 0 4

of Business In This State

o 2 US. Government
Defendant

o 4 Diversity
(Indicate Citizenship of Parties In Item III)

IV. NATURE OF SUIT
CONTRACT

(Place an "X" III One Box Only) TORTS

Citizen of Another State 0 2 0 2 Incorporated and Principal Place 0 5 0 5 of BUSIness In Another State

Citizen or Subject of a 0 3 0 3 Foreign Nation Forel n Count

o6 0 6

FORFEITUREIPENALTY

BANKRUPTCY

OTHER STATUTES

0 110 Insurance

PERSONAL Il'iJURY

PERSO:'l!AL INJURY 0 610 Agnculture

0 422 Appeal 28 USC 158 0 400 State Reapportionment

0 120 Manne

0 3 I 0 Airplane

0 362 Personal InJury- 0 620 Other Food & Drug

o 410 Antitrust

0 130 Miller Act

0 315 Airplane Product

Med Malpractice 0 625 Drug Related Seizure 0 423 Withdrawal

o 430 Banks and Bankmg

0 140 Negotiable Instrument

Liability

0 365 Personal InJury-

of Property 21 USC

28 USC 157

o 450 CommercelICC Rates/etc

0 150 Recovery ofOverpayment 0 320 Assault, Libel &

& Enforcement of

Slander

Product LiabilIty 0 368 Asbestos Personal

0 630 Liquor Laws 0 640 R R & Truck

o 460 Deportation

o PROPERTY RIGHTS

470 Racketeer Influenced and

0 ~~gm@!Ikare Act

0 330 Federal Employers'

InjUry Product

0 650 Alrlme Regs

0 152 Recovery of Defaulted

Liability

Liability

0 660 OccupatIOnal

Student Loans

0 340 Manne

PERSOl'iALPROPERTY

Safety/Health

(Excl Veterans)

0 345 Manne Product 0 370 Other Fraud

0 690 Other

0 820 Copynghls 0 830 Patent 0 840 Trademark

Corrupt OrgamzatlOns 0 810 Selective Service 0 850 Secunttes/Commodltles/
Exchange

0 153 Recovery ofOverpayment

Liability

of Veteran's Benefits

0 350 Motor Vehicle

0 371 Truth m Lendmg 0 380 Other Personal

LABOR

0 875 Customer Challenge

SOCIAL SECURITY

12 USC 3410

0 0 0
0 0

160 Stockholders' SUIts

0

190 Other Contract

195 Contract Product Liability 0

REAL PROPERTY

210 Land Condemnation

0

220 Foreclosure

X

355 Motor Vehicle Product Liability

Property Damage 0 385 Property Damage

0

360 Other Personal Imun;

Product Liability

0

CIVIL RIGHTS

PRISONER PETITIONS 0

441 Votmg

0 510 MotIOns to Vacate

442 Employment

Sentence

0

710 Fair Labor Standards Act
o 720 LaborlMgmt RelatIOns oo 730 LaborlMgmt Reportmg
& DIsclosure Act
740 RaIlway Labor Act

0 861 HIA (1395ft) 0 862 Black Lung (923) 0 863 DlWCIDIWW (405(g)) 0 864 SSlD Title XVI 0 865 RSI (405(g»
FEDERAL TAX StJITS

0 0
0

891 Agncultural Acts 892 Economic Stabilization Act 893 EnVironmental Matters 894 Energy AllocatIOn Act 895 Freedom of
InformatIOn Act
900 Appeal of Fee

0 230 Rent Lease & Ejectment 0 443 Housmg!

Habeas Corpus

0 240 Torts to Land

AccommodatIOns 0 530 General

0 245 Tort Product LiabIlity 0 444 Welfare

0 535 Death Penalty

0

790 Other Labor LItigation 0

870 Taxes (U S Plamtltf or Defendant)

Determmation Under Equal Access to JustIce 0 950 ConstItutIOnality of

0 290 All Other Real Property 0 440 Other Civil Rights 0 540 Mandamus & Other 0 791 Empl Ret Inc

0 550 CIvil RIghts

Secunty Act

0 555 Pnson CondItlon

0 871 IRS-ThIrd Party 26 USC 7609

State Statutes 0 890 Other Statutory Actions

V. ORIGIN

(PLACE AN "X" IN ONE BOX ONLY)

X

OngInal

o 2 Removed from

o 3 Remanded from

Proceeding

State Court

Appellate Court

Transferred from

o

4 Reinstated or 0 5

another district (specify)

Reopened

o 6 Multidlstnct
LItIgation

Appeal to Distnct Judge from
o 7 Magistrate
Judgment

VI. CAUSE OF ACTION (CIte the U S CIvil Statute under whICh you arc filmg and wntc bnefstatcmentofcause
Do not cIte JunsdlctlOnal statutes unless dIVerSIty )

Section 706(t)(1) and (3) of Title VII, 42 U.S.C. § 2000e~5(t)(1) and (3). Defendant's unlawfu11y disciplined and discharged an

employee in retaliation for having previously filed a charge with the EEOC and opposing racially discriminatory employment

practices.
VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY

o CHECK IF THIS IS A CLASS ACTION

DEMAND

CHECK YES only If demanded In complaint:

UNDER F.R C P. 23

JURY DEMAND:

X Yes 0 No

(See

instructIOns)'

JUDGE ____________________________ NDUOMCKBEETR

SIGNATURE OF ATTORNEY OF RECORD

r-- --------

~ ,>,-~ ~ ~ j :d L ~{: '\ ~. ~ ~~..; :' : .

,c, ~

ILEi)

IN THE UNITED STATES DIS RICT nA~:p:::.c=:=""'-----,

FOR THE NORTHERN DISTRI T OF EXbS. I 1 2UUl

DALLAS DIVISI

JUN

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

DALLAS MORNING NEWS, L.P.

)

)

)

Defendant.

)

-------------------------------)

CLERK, U.S. DISTRICT COURT
By ______- - - - - - - - Deputy
CIVIL ACTION NO.
JURY TRIAL DEMAND

ORIGINAL COMPLAINT OF THE
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

TO THE HONORABLE UNITED STATES DISTRICT COURT:

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991 to correct unlawful employment practices on the basis of retaliation, and to

provide appropriate reliefto Wendy W. Jackson who was adversely affected by such practices. Ms.

Jackson was disciplined and discharged in retaliation for having filed earlier charges of

discrimination and opposing racially discriminatory employment practices.

JURISDICTION AND VENUE

1. Jurisdictionofthis Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337, 1343

and 1345. This action is authorized and instituted pursuant to Section 706(£)(1) and (3) of Title VII

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

Section 102 ofthe Civil Rights Act of 1991,42 U.S.c. § 1981a.

2. The unlawful employment practices alleged in this complaint were committed within

the jurisdiction of the United States District Court for the Northern District of Texas, Dallas Division. Venue is appropriate in this court.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the 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 Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(I) and (3). 4. At all relevant times, Defendant Dallas Morning News, L.P. (hereinafter referred to as "Dallas Morning News" or "DMN"), has continuously been a Texas corporation doing business in the State of Texas and the City of Dallas, and has continuously had at least 15 employees. Defendant DMN is an independent subsidiary of Belo Corp, a Delaware corporation. 5. At all relevant times, Defendant Dallas Morning News has continuously been an employer engaged in an industry affecting commerce within the meaning ofSections 701 (b), (g) and (h) of Title VII, 42 U.S.c. §§ 2000e(b), (g) and (h). Dallas Morning News may be served with process by serving its registered agent, Guy H. Kerr, who may be found at 400 S. Record Street, Dallas, Texas 75202.
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution ofthis lawsuit, Wendy W. Jackson filed Charges 310-AO-2141 and 310-A2-0181 with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since mid-2000, Defendant has engaged in unlawful employment practices at their Dallas, Texas facility, in violation of Sections 703(a)(1) and 704 of Title VII, 42 U.S.c. §§ 2000e2(a)(1) and 2000e-3.
2

8. Ms. Jackson had worked successfully for the Defendant in their advertising sales department for over ten years. Because of her opposition to racially discriminatory employment practices, including but not limited to, her filing charges of discrimination, Defendant retaliated against her. Because ofMs. Jackson's assistance, testimony, and participation in investigations and proceedings under Title VII, Defendant retaliated against her.
9. Shortly after filing an internal complaint, Defendant disciplined Ms. Jackson for supposedly having had too many customer complaints and she was threatened with termination.
10. After she filed Charge 31 0-AO-2141 alleging retaliatory discipline, Ms. Jackson was discharged during a reduction in force, purportedly for "past customer problems". At the time of her discharge, she was outperforming co-workers who were not discharged. Ms. Jackson filed a subsequent Charge, 310-A2-0181 for retaliatory discharge.
11. The effect ofthe employment practices complained of in paragraphs 8-10 above has been to deprive Wendy W. Jackson of equal employment opportunities and otherwise adversely affect her status as an employee in retaliation for her having complained of racially discriminatory employment practices, opposed discriminatory practices and filed Charges, including but not limited to, Charge Nos. 31O-AO-2141 and 31O-A2-0181.
12. The unlawful employment practices complained of in paragraphs 8-10 above were intentional.
13. The unlawful employment practices complained of in paragraphs 8-10 above were done with malice or with reckless indifference to the federally protected rights of Wendy W. Jackson.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
3

A. Grant a pennanent injunction enjoining Defendant Dallas Morning News, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in unlawful retaliation against employees who complain about unlawful employment practices.
B. Order Defendant Dallas Morning News to institute and carry out policies, practices, and programs which provide equal employment opportunities for employees who complain of employment practices prohibited by Title VII, and which eradicate the effects ofits past and present unlawful employment practices.
C. Order Defendant Dallas Morning News to make whole Wendy W. Jackson, by providing appropriate backpay with prejudgment interest, in amounts to be detennined at trial, and other affinnative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to reinstatement of Wendy W. Jackson.
D. Order Defendant Dallas Morning News to make whole Wendy W. Jackson by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 8-10 above in amounts to be detennined at trial.
E. Order Defendant Dallas Morning News to make whole Wendy W. Jackson by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraphs 8-10 above, including emotional pain, suffering, inconvenience, mental anguish, and loss of enjoyment of life, in amounts to detennined at trial;
F. Order Defendant Dallas Morning News to pay Wendy W. Jackson punitive damages for its malicious and reckless conduct described in paragraphs 8-10 above, in amounts to be detennined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
4

K. 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,
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
GWENDOLYN YOUNG REAMS ASSOCIATE GENERAL COUNSEL 1801 L STREET, N.W. WASHINGTON, D.C. 20507
JIM SACHER .'
REGIONAL ATTORNEY
:i~Sil::/
Attorney-in-Charge Texas Bar No. 19523560 Equal Employment Opportunity Commission 1919 Smith Street Houston, Texas 77002 (713) 209-3400 Fax: 713) 209-3402
Texas Ba 1919 Smith Street, 7th Floor Houston, Texas 77002 (713) 209-3399 Fax: (713) 209-3402
ATTORNEYS FOR PLAINTIFF
5

 
 •

..----e. .:::-:Z:TL-:-:;"~~':---'
l\,-;~,.•La::~; ~J':TlnCT Uk" TEXAS

IN THE UNI~.- ~~r~' ~frk~ bt~Jru

CO~!.J:; Y" ':-' .:'\

T

:: . :.!".' ':.

FOR THE NORTHERN DISTRICT DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

BELO CORP.,

)

)

and

)

)

DALLAS MORNING NEWS, L.P.

)

)

)

Defendant.

)

F TE sAUG I 9 2002

CLERK,

u.s-. D-I-ST-R-IC:T:

I-
0

.

By ____=-__~~__

Deputy \

CIVIL ACTION NO. 3-02CV 1262L

JURY TRIAL DEMAND

---------------------------)

FIRST AMENDED COMPLAINT OF THE
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

TO THE HONORABLE UNITED STATES DISTRICT COURT:

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991 to correct unlawful employment practices on the basis of retaliation, and to

provide appropriate relief to Wendy W. Jackson who was adversely affected by such practices. Ms.

Jackson was disciplined and discharged in retaliation for having filed earlier charges of

discrimination and opposing racially discriminatory employment practices.

JURISDICTION AND VENUE

1. Jurisdictionofthis Court is invoked pursuant to 28U.S.C. §§451, 1331,1337,1343

and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII

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

• •
Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a. 2. The unlawful employment practices alleged in this complaint were committed within
the jurisdiction of the United States District Court for the Northern District of Texas, Dallas Division. Venue is appropriate in this court.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the 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 Section 706(f)(1) and (3) of Title VII, 42 U.S.c. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Belo Corp. (hereinafter referred to as "Dallas Morning News" or "Defendant"), has continuously been a Delaware corporation doing business in the State of Texas and the City of Dallas, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Belo Corp. has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h). Defendant Belo Corp. may be served with process by serving its registered agent, Michael J. McCarthy, who may be found at Communications Center, Houston and Young Street, Dallas, Texas 75265. 6. At all relevant times, Defendant Dallas Morning News, L.P. (hereinafter referred to as "Dallas Morning News" or "Defendant"), has continuously been a Delaware limited partnership doing business in the State of Texas and the City of Dallas, and has continuously had at least 15 employees. Defendant Dallas Morning News, L.P. is an independent subsidiary ofBelo Corp. 7. At all relevant times, Defendant Dallas Morning News, L.P. has continuously been an employer engaged in an industry affecting commerce within the meaning ofSections 701(b), (g)
2

• •
and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h). Dallas Morning News, L.P. may be served with process by serving its registered agent, Guy H. Kerr, who may be found at 400 South Record Street, Dallas, Texas 75202.
STATEMENT OF CLAIMS 8. More than thirty days prior to the institution ofthis lawsuit, Wendy W. Jackson filed Charges 310-AO-2141 and 310-A2-0181 with the Commission alleging violations of Title VII by Defendant Belo Corporation and Dallas Morning News, L.P. (collectively "Defendant"or Dallas Morning News"). All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since mid-2000, Defendant has engaged in unlawful employment practices at their Dallas, Texas facility, in violation of Sections 703(a)(I) and 704 of Title VII, 42 U.S.C. §§ 2000e2(a)(1) and 2000e-3. 10 Ms. Jackson had worked successfully for the Defendant in their advertising sales department for over ten years. Because of her opposition to racially discriminatory employment practices, including but not limited to, her filing charges of discrimination, Defendant retaliated against her. Because ofMs. Jackson's assistance, testimony, and participation in investigations and proceedings under Title VII, Defendant retaliated against her. 11. Shortly after filing an internal complaint, Defendant disciplined Ms. Jackson for supposedly having had too many customer complaints and she was threatened with termination. 12. After she filed Charge 310-AO-2141 alleging retaliatory discipline, Ms. Jackson was discharged during a reduction in force, purportedly for "past customer problems." At the time ofher discharge, she was outperforming co-workers who were not discharged. Ms. Jackson filed a subsequent Charge, 31 0-A2-0181 for retaliatory discharge. 13. The effect of the employment practices complained of above has been to deprive
3

• •
Wendy W. Jackson of equal employment opportunities and otherwise adversely affect her status as an employee in retaliation for her having complained of racially discriminatory employment practices, opposed discriminatory practices and filed Charges, including but not limited to, Charge Nos. 310-AO-2141 and 310-A2-0181.
14. The unlawful employment practices complained of above were intentional. 15. The unlawful employment practices complained of above were done with malice or with reckless indifference to the federally protected rights of Wendy W. Jackson.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Dallas Morning News, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in unlawful retaliation against employees who complain about unlawful employment practices. B. Order Defendant Dallas Morning News to institute and carry out policies, practices, and programs which provide equal employment opportunities for employees who complain of employment practices prohibited by Title VII, and which eradicate the effects ofits past and present unlawful employment practices. C. Order Defendant Dallas Morning News to make whole Wendy W. Jackson, by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to reinstatement of Wendy W. Jackson. D. Order Defendant Dallas Morning News to make whole Wendy W. Jackson by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above in amounts to be determined at trial.
4

• •
E. Order Defendant Dallas Morning News to make whole Wendy W. Jackson by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained ofabove, including emotional pain, suffering, inconvenience, mental anguish, and loss of enjoyment oflife, in amounts to determined at trial;
F. Order Defendant Dallas Morning News to pay Wendy W. Jackson punitive damages for its malicious and reckless conduct described 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, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION GWENDOLYN YOUNG REAMS ASSOCIATE GENERAL COUNSEL 1801 L STREET, N.W. WASHINGTON, D.C. 20507
5

• • Commission 1919 Smith Street
Texas Bar 1919 Smith Street, 7th Floor Houston, Texas 77002 (713) 209-3399 Fax: (713) 209-3402 ATTORNEYS FOR PLAINTIFF
6

 
 • •
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. BELO CORP., and
DALLAS MORNING NEWS, L.P. Defendants

§

SEP I 9 'Ii,:

§

§

§

§

§

§

§

§ CIVIL ACTION NO. 3-02-CV-1262K

§

§

§

§

§

CONSENT DECREE The Plaintiff, Equal Employment Opportunity Commission (the "Commission"), alleges in this suit that Defendants Belo Corp. and The Dallas Morning News, L.P. ("Defendants") retaliated against Wendy Woods Jackson by eliminating her position in a reduction in force in 2001. Defendants deny the Commission's allegations or any liability and assert that the decision was based on legitimate nondiscriminatory reasons and was not in any way related to Jackson's filing ofEEOC Charges or any other protected activity engaged in by Jackson. The Consent Decree is between the Commission and Defendants. In order to avoid the expenses ofcontinued litigation, the parties have reached a compromise and have agreed to enter into this Consent Decree.

Consent Decree - Page 1
Dallas3 885360 v 4, 07304 00214

• •
The parties stipulate to the jurisdiction ofthe Court and waive a hearing and the entry offindings offact and conclusions oflaw.
IT IS THEREFORE ORDERED: 1. This Consent Decree is entered by PlaintiffEqual Employment Opportunity Commission and Defendants (hereinafter collectively referred to as the "parties") in full and complete settlement ofany and all claims arising out ofor contained in EEOC Charge Nos. 310-AO-2141 and 310-A2-0 181 and Civil Action No. 3-02CV-1262K. The agreements herein are made in full and final settlement ofthe claims asserted by the Commission on behalfofJackson in Civil Action No. 3-02-CV-1262K. This matter is resolved without a finding ofliability by the Court or an admission ofliability by Defendants. Defendants continue to deny the allegations contained in Civil Action No.3 -02CV-1262K, but have agreed to this Consent Decree solely to avoid incurring additional expenses and costs of litigation. 2. This Decree shall remain in effect for one year from the date ofsigning. During that year, the Court shall retain jurisdiction to assure compliance with this Decree. 3. During the term ofthis Consent Decree, Defendants agree thatthey will comply with Title VII ofthe Civil Rights Act of1964, as amended in 1991 ("Title VII") and will not retaliate against any employee or applicant because of his or her engaging in protected activity as defined by Title VII. Defendants also agree that they will not retaliate against any employee or applicant because he or she has made a charge, testified, assisted, or participated in any manner in the investigation by the Commission or court proceeding in connection with this case. 4. In response to a written or oral request for ajob reference from athird party about Wendy Jackson, and/or performance with Defendants, Defendants will follow their standard procedure applicable
Consent Decree - Page 2
Dallas3 885360 v 4.0730400214

• •
to all former employees. Defendants shall provide only her dates ofemployment and last position held. Defendant shall not reference her charges ofdiscrimination, her lawsuit, this lawsuit, this Consent Decree or her confidential settlement.
5. Defendant agrees to segregate from Wendy Jackson's personnel files, and place in separate confidential folders, all documents related to Ms. Jackson's charges ofdiscrimination and the Commission's lawsuit. These documents shall not be a part of Ms. Jackson's personnel files.
6. Defendants have agreed that they will pay an amount that has been agreed to, and at the time so agreed, by the parties and described in a separate Confidential Settlement and Release Agreement not filed with the Court. Jackson, in exchange for said payments, agrees to execute a full and complete general release ofall claims that she has or might have against Defendants. The parties agree that the amount paid by Defendants in consideration for the Settlement Agreement will be kept confidential.
7. Defendants agree to post, in a public area of the Dallas Morning News, a notice of nondiscrimination, which is attached as Exhibit"A." Defendant agrees to assure the continuing placement of that poster during the pendency ofthis Decree.
8. Defendants shall train the supervisors ofJackson' s former work group, the New Business Development group ofthe Retail Advertising Department, on retaliation within six months ofthe entry of this Decree. Defendants shall provide a report regarding the training, including the topics covered, the date and location. Robert E. Sheeder, Esq. ofJenkens & Gilchrist, P.e. shall serve as liaison between the parties concerning such training.
9. The parties shall bear their own costs and attorney's fees in this matter.
Consent Decree - Page 3
Dallas3 885360 v 4, 07304 00214

• •
10. By separate letter, the parties have agreed to public statements regarding this case. That agreement is incorporated herein for all purposes.
Signed Ontl1i~~03.
ED_"~
Consent Decree - Page 4
Dallas3 885360 v 4, 07304 00214

•

• Equal Imp1oyment OpportunI•ty 18

THE LAW

Employers
Holding Federal Contracts or Subcontracts
Applicants to and employees of companies with a Federal government contract or subcontract are protected under the following Federal authorities:
RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN
Executive Order 11246, as amended. prohibits Job discrimination on the basis of race. color. religion, sex or national origin. and requires affirmative action to ensure equality of opportunity in all aspects of employment.
INDIVIDUALS WITH DISABILITIES
Section 503 of the Rehabilitation Act of 1973. as amended. prohibits job discrimination because of disability and requires affirmative action to employ and advance In employment qualified Individuals with disabilities who. with reasonable accommodation. can perform the essential functions of a job.
VIETNAM ERA, SPECIAL DISABLED, RECENTLY SEPARATED, AND OTHER PROTECTED VETERANS
38 U.S.c. 4212 of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended. prohibits job discrimination and requires affirmative action to employ and advance in employment qualified Vietnam era veterans, qualified special disabled veterans. recently separarted veterans. and other protected veterans.
Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under the authorities above should contact immediately:
The Office of Federal Contract Compliance Programs (OFCCP), Employment StandardsAdministration. U.S. Department of Labor, 200 Constitution Avenue. N.W.. Washington.D.C.20210 or call (202) 693-0 I 0 I. or an OFCCP regional or district office. listed in most telephone directories under U.S. Government, Department of Labor.

Private Employment, State and Local Governments, Educational Institutions
Applicants to and employees of most private employers. state and local governments. educational institutions. employment agencies and labor organizations are protected under the following Federal laws:
RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN
TltieVIl of the Civil Rights Act of 1964. as amended. prohibits discrimination in hiring. promotion. discharge. pay. fringe benefits. job training. classification. referral. and other aspects of employment. on the basis of race. color. religion. sex or national origin.
DISABILITY The Americans with Disabilities Act of 1990. as amended. protects qualified applicants and employees with disabilities from discrimination in hiring. promotion. discharge. pay. job training. fringe benefits. classification. referral. and other aspects of employment on the baSIS of disability. The law also requires that covered entities provide qualified applicants and employees With disabilities with reasonable accommodations that do not impose undue hardship.
AGE The Age Discrimination in EmploymentAct of 1967. as amended. protects applicants and employees 40 years of age or older from diSCrimination on the basis of age in hiring. promotion. discharge. compensation. terms. conditions or privileges of employment.
SEX (WAGES) In addition to sex discrimination prohibited by Title VII of the Civil Rights Act of 1964. as amended (see above). the Equal Pay Act of 1963. as amended. prohibits sex discrimination in payment of wages to women and men performing substantially equal work in the same establishment.
Retaliation against a person who files a charge of discrimination. participates in an investigation. or opposes an unlawful employment practice is prohibited by all of these Federal laws.
If you believe that you have been discriminated against under any of the above laws. you should contact immediately:
The U.S. Equal Employment Opportunity Commission (EEOC). 1801 L Street, N.W..Washington. D.C. 20507 or an EEOC field office by calling toll free (800) 669-4000. For individuals with hearing impairments. EEOC's toll free TOO number is (SOO) 669-6820.

Programs or
Activities Receiving Federal Financial Assistance
RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX
In addition to the protection of Title VII of the Civil Rights Act of 1964. as amended. Title VI of the Civil Rights Act prohibits discrimination on the basis of race. color or national origin in programs or activities receiving Federal finanCial assistance. Employment discrimination is covered by Title VI if the primary objective of the financial assistance is provision of employment. or where employment diSCrimination causes or may cause discrimination in prOViding services under such programs. Title IX of the Education Amendments of 1972 prohibits employment diSCrimination on the basis of sex In educational programs or activities which receive Federal assistance.
INDIVIDUALSWITH DISABILITIES
Sections 50 I. 504 and 505 of the Rehabilitation Act of 1973. as amended. prohibits employment discrimination on the basis of disabilIty in any program or activity which receives Federal financial assistance In the federal government. Discrimination is prohibited In all aspects of employment against persons With disabilities who. with reasonable accommodation. can perform the essential functions of a job.
If you believe you have been discriminated against in a program of any institution which receives Federal assistance. you should contact immediately the Federal agency providing such assistance.

 
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ADR, CLOSED, JURY, SANDERSON
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:02-cv-01262

EEOC v. Dallas Morning News, et al Assigned to: Judge Ed Kinkeade Demand: $0 Cause: 42:2000 Job Discrimination (Race) Plaintiff Equal Employment Opportunity Commission
V. Defendant Dallas Morning News, L.P.

Date Filed: 06/17/2002 Date Terminated: 08/18/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Rodolfo Lucio Sustaita Equal Employment Opportunity Commission Houston District Office 1919 Smith St 6th Floor Houston, TX 77002 713/209-3390 LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Sacher Equal Employment Opportunity Commission Houston District Office 1919 Smith St 6th Floor Houston, TX 77002 713/209-3390
represented by Robert E Sheeder Bracewell & Giuliani LLP 1445 Ross Ave Suite 3800 Dallas, TX 75202-2799 214-758-1643 Fax: 214-468-3888 Email: robert.sheeder@bgllp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Barry S Hersh

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Defendant Belo Corp

Hersh Law Firm, P.C. 3626 N. Hall St. Suite 800 Dallas, TX 75219 214/303-1022 Fax: 214/303-1025 Email: bshersh@hersh-law.com
Jason Edward Winford Baker & McKenzie LLP 2300 Trammell Crow Center 2001 Ross Avenue Dallas, TX 75201 214-978-3092 Fax: 214-978-3099 Email: jason.winford@bakernet.com
represented by Robert E Sheeder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Barry S Hersh (See above for address)
Jason Edward Winford (See above for address)

Date Filed 06/17/2002 06/17/2002 06/17/2002 06/17/2002 06/17/2002 08/05/2002 08/19/2002

#

Docket Text

1 ORIGINAL COMPLAINT filed. (usa/no fee) (5) (cxb) (Entered: 06/18/2002)
2 CERTIFICATE OF INTERESTED PERSONS by plaintiff EEOC. (1) (cxb) (Entered: 06/18/2002)
3 SUMMONS(ES) issued for defendant Dallas Morning News. (iss-1) (cxb) (Entered: 06/18/2002)
PRELIMINARY ASSIGNMENT TO Magistrate Judge Wm F Sanderson Jr (cxb) (Entered: 06/18/2002)
DEMAND for Trial by Jury by Equal Employment Opportunity Commission. (aat, ) (Entered: 05/06/2003)
4 RETURN OF SERVICE executed as to defendant Dallas Morning News 6/24/02 Answer due on 7/15/02 for Dallas Morning News (1) (jrb) (Entered: 08/07/2002)
5 First AMENDED COMPLAINT by plaintiff EEOC , amending [1-1] complaint against Belo Corp (6) (jrb) (Entered: 08/20/2002)

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08/19/2002 09/09/2002 09/26/2002 09/26/2002 09/30/2002
10/15/2002 10/25/2002
10/25/2002 11/18/2002 11/25/2002
01/22/2003 02/03/2003
02/10/2003

6 SUMMONS(ES) issued for defendant Belo Corp (issued-1) (jrb) (Entered: 08/20/2002)
7 RETURN OF SERVICE executed as to defendant Belo Corp 9/6/02 Answer due on 9/26/02 for Belo Corp...by delivering to paralegal. (2) (jrb) (Entered: 09/10/2002)
8 Original ANSWER to Complaint by defendant Dallas Morning News, defendant Belo Corp (Attorney Robert E Sheeder, Barry Sander Hersh), (7) (jrb) (Entered: 09/27/2002)
9 CERTIFICATE OF INTERESTED PERSONS by defendant Dallas Morning News, defendant Belo Corp (2) (jrb) (Entered: 09/27/2002)
10 ORDER Requiring Attorney Conference and Status Report...this conference shall take place no later than 10/15/02...within 14 days from the date of the conference, the parties shall submit a status report...see order for specifics. ( Signed by Judge Sam A. Lindsay ) Copies to counsel: 9/30/002 Page(s) 3 (jrb) (Entered: 09/30/2002)
11 Joint STATUS REPORT by plaintiff EEOC, defendant Dallas Morning News, defendant Belo Corp (6) (jrb) (Entered: 10/16/2002)
12 SCHEDULING ORDER setting Bench trial set for 2/2/04 ; Joining of Parties on 1/2/03 ; Amending of Pleadings on 1/2/03 ; Deadline for filing of dispositive motions 11/3/03 ; Discovery cutoff 10/3/03 ; Pretrial materials due on 1/12/04 Pretrial conference for 11:00 1/30/04 ; Proposed pretrial order due 1/12/04 ; ( Signed by Judge Sam A. Lindsay ) Copies to counsel: 10/25/02 Page(s): 9 (jrb) (Entered: 10/25/2002)
13 ORDER referring case to ADR; ADR provider; Type of ADR: mediation Requested by: court...due 6/30/03. ( Signed by Judge Sam A. Lindsay ) Copies to counsel: 10/25/02 Page(s): 2 (jrb) (Entered: 10/25/2002)
14 CERTIFICATE OF INTERESTED PERSONS by plaintiff EEOC (2) (jrb) (Entered: 11/19/2002)
15 SPECIAL ORDER NO. 3-222. Effective 11/25/02, the cases listed on Exhibit A attached to this order are transferred from the docket of Honorable Sam A. Lindsay to the docket of Honorable Ed Kinkeade and shall henceforth carry the suffix letter "K". ( Signed by Chief Judge A. J. Fish ) Copies to counsel: 11/25/02 Page(s): 3 (aat) (Entered: 11/25/2002)
16 MOTION by defendant Dallas Morning News, defendant Belo Corp for protective order (15+) (Exhibits not imaged) (aat) (Entered: 01/23/2003)
17 ORDER REGARDING TRANSITION. All existing scheduling orders, trial settings and referrals to magistrate judges are adopted and remain in full force and effect. Counsel are directed to confer and file a joint status report with the Court no later than 14 days after the date of this order. See order for specifics. ( Signed by Judge Ed Kinkeade) Copies to counsel: 2/4/03 Page(s): 3 (aat) (Entered: 02/04/2003)
18 RESPONSE by plaintiff EEOC in opposition to [16-1] motion for protective order (15+) (Exhibits not imaged) (aat) (Entered: 02/11/2003)

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02/14/2003 02/21/2003 02/28/2003
03/03/2003 03/03/2003 03/04/2003 03/31/2003 03/31/2003 04/25/2003 05/05/2003
05/05/2003 05/06/2003 06/12/2003 06/18/2003
06/18/2003
06/26/2003
06/26/2003

19 JOINT STATUS REPORT by Belo Corp, Dallas Morning News, L.P., Equal Employment Opportunity Commission. (aat, ) (Entered: 02/18/2003)
20 REPLY to Response to Motion re 16 Motion for Protective Order filed by Belo Corp, Dallas Morning News, L.P.. (aat, ) (Entered: 02/24/2003)
21 MOTION for Leave to File surreply regarding defendant's motion for protective order by Equal Employment Opportunity Commission (aat, ) (Entered: 02/28/2003)
22 SUBPOENA Returned Executed as to Dr. Samuel Chantilis on 2/17/03. (aat, ) (Entered: 03/04/2003)
23 SUBPOENA Returned Executed as to Dr. Johnny Lee Henry on 2/17/03. (aat, ) (Entered: 03/04/2003)
24 JOINT SETTLEMENT STATUS REPORT by Belo Corp, Dallas Morning News, L.P., Equal Employment Opportunity Commission. (aat, ) (Entered: 03/05/2003)
25 Proof of Service for subpoena served on Custodian of Records for DISD on 3/24/03. (aat, ) (Entered: 04/01/2003)
26 Proof of Service for subpoena served on Custodian of Payroll for DISD on 3/24/03. (aat, ) (Entered: 04/01/2003)
27 NOTICE of appearance of co-counsel by Jason Edward Winford on behalf of Belo Corp, Dallas Morning News, L.P. (aat, ) (Entered: 04/28/2003)
28 PROOF of service for subpoena served on Custodian of Records for University of Texas Southwestern Medical Center at Dallas on 4/30/03. (aat, ) (Entered: 05/06/2003)
29 PROOF of service for subpoena served on Custodian of Records for St. Paul Medical Center on 4/30/03. (aat, ) (Entered: 05/06/2003)
Per 10/25/02 scheduling order, docket call set for 2/4/2004 before Ed Kinkeade. (aat, ) (Entered: 05/06/2003)
30 AFFIDAVIT of Service for subpoena served on Wendy Jackson on 5/28/03. (aat, ) (Entered: 06/13/2003)
31 JOINT MOTION to Amend 13 mediation order by Belo Corp, Dallas Morning News, L.P., Equal Employment Opportunity Commission. (aat, ) (Entered: 06/19/2003)
32 JOINT MOTION for entry of Protective Order by Belo Corp, Dallas Morning News, L.P., Equal Employment Opportunity Commission. (aat, ) (Entered: 06/19/2003)
33 ORDER granting 31 joint Motion to Amend/Correct mediation order. The parties now have until 8/31/03 to conduct mediation. (Signed by Judge Ed Kinkeade on 6/26/03) (aat, ) (Entered: 06/27/2003)
34 ORDER granting 32 joint Motion for entry of Protective Order. (Signed by Judge Ed Kinkeade on 6/26/03) (aat, ) (Entered: 06/27/2003)

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08/04/2003 08/18/2003 09/04/2003
09/19/2003

35 Designation of Expert Witnesses by Belo Corp, Dallas Morning News, L.P. (aat, ) (Entered: 08/05/2003)
36 Order Directing Administrative Closure. Dismissal papers are due by 9/15/03. (Signed by Judge Ed Kinkeade on 8/18/03) (aat, ) (Entered: 08/19/2003)
37 JOINT MOTION to approve and enter a consent decree in resolution of suit by Belo Corp, Dallas Morning News, L.P., Equal Employment Opportunity Commission (aat, ) (Entered: 09/05/2003)
38 CONSENT DECREE See order for specifics. (Signed by Judge Ed Kinkeade on 9/19/03) (aat, ) (Entered: 09/22/2003)

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