Case 4:07-cv-00603)-JLH Document 1

, Filed 06/29/(2007

Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff, v.

CIVIL ACTION NO.
4,07'CVOG000603 llH

FAMILY DOLLAR STORES OF ARKANSAS, INC.

COMPLAINT

Defendant.

\j;' JURY TRIAL DEMAND

A

Tf1is case assigned tODlstrictJqdge~
.:.:N.:.:A-=-T-"-U'-'-RE"'----O"'F'------'T'-'H-'-'E=----:A.:.::C::..::T""~"'r.ll'_ll'l'o Magistrate Judge ,~ L,(,~

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 race (Black) and

to provide appropriate relief to Debra Terry who was adversely

affected by such practices. The Commission alleges that Debra

Terry, former employee of Defendant Family Dollar Stores of

Arkansas, Inc. ("Defendant Employer"), was denied promotion

opportunities to serve as store manager by Defendant Employer

because of race, African American, and that Defendant

constructively discharged Ms. Terry by its discriminatory

practices.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28

U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is

1

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authorized and instituted pursuant to Sections 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 VII")and Section 102 of

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

2. The unlawful employment practices alleged below were

and are now being committed within the jurisdiction of the

Uni ted States District Court for Eastern District of Arkansas,

Western Division.

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 Sections 706 (f) (1) and (3) of Title VII, 42

u.s.C. §§ 2000e-5(f) (1) and (3).

4 . At all relevant times, Defendant Employer has

continuously been an Arkansas corporation doing business in the

State of Arkansas and the City of England and Little Rock 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 Sections 701 (b), (g) and (h) of

Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

Defendant

Employer operates retail stores all across Arkansas. 2

Case 4:07-cv-00603)-JLH Document 1 Filed 06/29//2)007 Page 3 of 6
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Debra Terry filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least August of 2005, Defendant Employer has engaged in unlawful employment practices at its England and Little Rock, Arkansas, locations in violation of Section 703 of Title VII, 42 u.S.C. § 2000e-2 (a) . These discriminatory practices include
a. failing to promote Debra Terry to available store manager positions because of race;
b. constructively discharging Debra Terry because of its discriminatory practices.
8. The effect of the practices complained of in paragraph seven above has been to deprive Debra Terry of equal employment opportunities and otherwise adversely affect her status as an employee, because of her race (African American) .
9. The unlawful employment practices complained of in paragraph seven above were, and are, intentional.
10. The unlawful employment practices complained of in paragraph seven above were, and are, done with malice or with
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reckless indifference to the federally protected rights of Debra Terry.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in race discrimination with regard to promotions and any other employment practice which discriminates on the basis of race, African American. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for African Americans, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Debra Terry by providing appropriate back pay 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 and promotion of Debra Terry to a store manager position. D. Order Defendant Employer to make whole Debra Terry by providing compensation for past and future pecuniary losses
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) Case 4:07-cv-0060/3)-JLH Document 1

Filed 06/29/2007 Page 5 of 6 /

resulting from the unlawful employment practices described in paragraph seven above, in amounts to be determined at trial.
E. Order Defendant Employer to make whole Debra Terry by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph seven above, including emotional distress, pain and suffering, embarrassment, humiliation and loss of enjoyment of life, in amounts to be determined at trial.
F. Order Defendant Employer to pay Debra Terry punitive damages for its malicious and reckless conduct described in paragraph seven above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public intere·st.
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.

RONALD S. COOPER
General Counsel
JAMES LEE
Deputy General Counsel
GWENDOLYN YOUNG REAMS
Associate General Counsel
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~FA.Y~

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WILLIAMS

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Regional Attorney

Tennessee Bar No. 011730

tv-<-& ~a Jkr;(Q .. ';. /LJ
WILLIAM A. CASH, JR,?7'
Supervisory Trial Attorney Arkansas Bar No. 88081
I!1~G-{5/~ 7 _ ,
PAMELAB. DIXON Senior Trial Attorney Arkansas Bar No. 95085

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 820 Louisiana, Suite 200 Little Rock, AR 72201 Telephone No. (501) 324-5065

6

 
 ('\

Case 4:07-cv-00603-JLH Document 14 Filed 06/30/2008 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF ARKANSAS

JUN 30 2008

WESTERN DIVISION

JBAyM:r' JS

I

~CCORrv1ACK,
<:: Ii /l/lAi2A

CLERK

EQUAL EMPLOYMENT OPPORTUNITY

)

DepCLERK

COMMISSION,

)

)

Plaintiff,

)

)

CIVIL ACTION NO.

v.

)

4:07cv00603 JLH

)

FAMILY DOLLAR STORES OF

)

ARKANSAS, INC.

)

)

Defendant.

)

CONSENT DECREE
Introduction For purposes of settlement and compromise only, the parties have advised the Court that they wish to resolve the instant controversy without the expense, delay, and burden of further litigation. Plaintiff, Equal Employment Opportunity Commission (hereinafter the "Commission"), instituted this action on behalf of Debra Terry, alleging that Defendant Family Dollar Stores of Arkansas, Inc. (hereinafter the "Defendant or "Family Dollar"), failed to promote Debra Terry to a store manager position because of her race, Black, and constructively discharged her in violation of Title VII of the Civil Rights Act of 1964 (hereinafter 'Title VII"). The Defendant has consistently denied and continues to deny that it engaged in any unlawful employment practices as alleged by the Commission or that it otherwise

Case 4:07-cv-00603-JLH Document 14 Filed 06/30/2008 Page 2 of 10
violated Title VII. In the event this proposed Consent Decree is not approved or does not become
final, then it shall not be admissible in evidence in any subsequent proceeding in this action. Further, this Consent Decree shall not be admissible in any other action now pending or which may be filed in the future.
This Consent Decree constitutes the complete and exclusive agreement between the parties with respect to the matters referred to herein. No waiver, modification, or amendment of any provision of this Consent Decree shall be effective unless made in writing and signed by both parties.
The Court has reviewed the terms of the proposed Consent Decree in light of the applicable laws and regulations and the statements and representations of counsel for all parties and hereby approves the Consent Decree.
I. JURISDICTION The United States District Court for the Eastern District of Arkansas, Western Division, has jurisdiction over the parties and subject matter of this litigation.
II. GENERAL PROVISIONS This Consent Decree, being entered with the consent of the parties for purposes of settlement, shall not constitute an adjudication on the merits of this lawsuit and shall not be construed as an admission by Defendant of any violation of Title VII or any executive order, law, rule, or regulation dealing with or in connection with discrimination in employment.
III. SCOPE AND DURATION OF AGREEMENT 1. By entering into this Consent Decree, the parties do not intend to
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Case 4:07-cv-00603-JLH Document 14 Filed 06/30/2008 Page 3 of 10
resolve any charges of discrimination currently pending before the Commission other than Charge No. 493-2006-01342 filed by Debra Terry that created the procedural foundation for the complaint in this case.
2. This Consent Decree constitutes the complete and exclusive agreement between the Commission and Defendant, with respect to the matters referred to herein and arising out of Charge No. 493-2006-01342. Notwithstanding any provisions contained in the Consent Decree, this Agreement shall not be considered in any manner to be dispositive of any other charges now pending before any office of the Commission, or other lawsuits, if any, pending against Defendant. This Agreement shall remain in effect for a period of three years.
IV. INJUNCTIVE RELIEF 1. Defendant, its officers, agents, management, (including supervisory employees), successors, and assigns are hereby enjoined from denying promotions to Black employees on the basis of their race. 2. Defendant its officers, agents, employees, and all persons acting in concert with Defendant are hereby enjoined from retaliating against any employee or applicant for employment.
V. TRAINING Defendant shall provide employment-discrimination awareness training to all district managers and store managers in District 66 and 310 in Arkansas according to the following terms: (a) The training session will include at least two (2) hours of instruction. (b) The training will include the following topics: what constitutes race
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discrimination; how to prevent, identify, and remedy race discrimination in promotions; what constitutes retaliation in violation of Title VII; Defendant's policy against race discrimination and retaliation; and implementation of Defendant's policy against race discrimination, including procedures and responsibilities for reporting, investigating, and remedying conduct an employee believes may constitute race discrimination. (c) Within sixty (60) days after execution of this Consent Decree by the parties, Defendant shall submit to the Commission the date of the proposed training session and a detailed outline of the proposed training. (d) The training session will be conducted within ninety (90) days after the date of the entry of this Consent Decree by the Court. (e) Defendant within 120 days of this agreement shall provide documentation to the Commission of training compliance for all district managers and store managers in Arkansas.
VI. POSTING AND POLICIES Within thirty (30) days of the entry of this Consent Decree, Defendant shall post and cause to remain posted for one year at each store located within District 66 and 310 the notice attached hereto as Exhibit A.
VII. RELIEF 1. Defendant will pay a total of $4,279.59 in back pay, less applicable withholding taxes, and $20,720.41 in damages to Debra Terry by cashier's check, within ten days of the entry of the Decree. The check will be mailed to the following address:
Debra Terry
P.O. Box 458
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Case 4:07-cv-00603-JLH Document 14 Filed 06/30/2008 Page 5 of 10
614 Cedar Street Lonoke,Arkansas 72086 2. A copy of the check will be mailed to Pamela B. Dixon. 3. Late payment of the check shall be subject to the accrual of interest pursuant to 28 U.S.C. §1961.
VIII. REPORTING 1. Defendant will provide two reports to the Commission. The first report will be submitted within twelve (12) months of entry of the Decree. The second report will be submitted within twenty-four (24) months of entry of the Decree. Each report will describe all complaints, from the date of the entry of this Decree through the date of the report (including relevant litigation and administrative charges) of race discrimination based on failure to promote within District 66 and 310 logged through Family Dollar's Alertline; describe the investigation conducted by Defendant in response to each complaint; and indicate how the complaint was resolved. Each report will describe Defendant's training of supervisors, managers, and hourly employees in the requirements of Title VII of the Civil Rights Act of 1964, as amended, as set forth herein. Each report will also include a list of employees either hired or promoted to store manager and the race of the successful candidate. 2. Each report will be forwarded to Pamela B. Dixon, Senior Trial Attorney, at the Commission's Little Rock Area office.
IX. EXPUNGEMENT The Defendant shall expunge from the personnel files of Debra Terry any reference to the charge of discrimination or the litigation of the matter.
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X. NEUTRAL REFERENCE Defendant agrees to give a neutral reference to any potential employers
of Debra Terry who request a job reference. In order to receive the neutral reference, Ms. Terry shall provide the prospective employer with The Work Number, the Family Dollar Code, and her social security number. Any such neutral reference shall be identical to the form demonstrated in Exhibit B. No mention of the Commission's charge of discrimination or this action will be made as part of the neutral reference.
XI. COSTS
r J. LEO HOLMES
UNITED STATES DISTRICT JUDGE
DATE,
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Case 4:07-cv-00603-JLH Document 14 Filed 06/30/2008 Page 7 of 10
FOR THE COMMISSION: RONALD S. COOPER General Counsel
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS A ociate General Coun§el
u , - - - - t/w-\~c::L...J.-f
E Pi. WILLIAMS Regional Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Supervis ry Trial A ney
AR#iUffai ~
PAMELA B. DIXON Senior Trial Attorney AR# 95085 Little Rock Area Office 820 Louisiana, Suite 200 Little Rock, AR 72201 (501) 324-5539, 324-5065
7

Case 4:07-cv-00603-JLH Document 14 Filed 06/30/2008 Page 8 of 10 FOR DEFENDANT:
'i~~~~
R. SCOTT SUMMERS
Littler Mendelson A Professional Corporation 3608 N. Steele Blvd., Ste. 214 Fayetteville, AR 72703
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Case 4:07-cv-00603-JLH Document 14 Filed 06/30/2008 Page 9 of 10

NOTICE
1. This Notice to all employees of Family Dollar Stores of Arkansas, Inc. is being posted as part of an agreement between Family Dollar and the Equal Employment Opportunity Commission in settlement of a complaint of employment discrimination.
2. Title VII of the Civil Rights Act of 1964, as amended, is a federal law that provides that it shall be an unlawful employment practice for an employer discriminate against any individual because of such individual's race or color.
3. Family Dollar supports and will comply with Title VII in all respects and will not take any action against employees because they have opposed employment practices made illegal by Title VII or exercised their rights under the law by filing charges with the Equal Employment Opportunity Commission, or because they testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under Title VII.

Family Dollar Stores of Arkansas, Inc.

Date

EXHIBIT A 9

•

Case 4:07-cv-00603-JLH Document 14 Filed 06/30/2008 Page 10 of 10

To Whom It May Concern:

This letter is in response to your inquiry regarding the employment of _ _ _ _ _ _ _ _ _ while employed at Family Dollar Stores of Arkansas, Inc.

_ _ _ _ _ worked at Family Dollar as a

from

through

Company policy does not permit us to give out any more information

concerning _ _ _ _ _ _'s employment.

Very truly yours,

Family Dollar Stores of Arkansas, Inc.

EXHIBIT B 10

 
 Case: 4:07-cv-00603-JLH As of:10/14/2009 03:22 PM CDT 1 of 2
BD, CLOSED, JURY
U.S. District Court Eastern District of Arkansas (Little Rock) CIVIL DOCKET FOR CASE #: 4:07−cv−00603−JLH

Equal Employment Opportunity Commission v. Family Dollar Stores of Arkansas, Inc. Assigned to: Chief Judge J. Leon Holmes Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 06/29/2007 Date Terminated: 06/30/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by Faye A. Williams Equal Employment Opportunity Commission − Memphis 1407 Union Avenue Suite 901 Memphis , TN 38104 901−544−0088 Email: faye.williams@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Pamela B. Dixon Equal Employment Opportunity Commission − Little Rock 820 Louisiana Street Suite 200 Little Rock , AR 72201 (501) 324−5065 Email: pamela.dixon@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A. Cash , Jr. Equal Employment Opportunity Commission − Little Rock 820 Louisiana Street Suite 200 Little Rock , AR 72201 (501) 324−5539 Email: william.cash@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Family Dollar Stores of Arkansas Inc

represented by R. Scott Summers Littler Mendelson − Fayetteville One Steele Plaza 3739 Steele Boulevard Suite 300 Fayetteville , AR 72703 479−582−6100 Fax: 479−582−6111 Email: vdisney@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eva C. Madison Littler Mendelson − Fayetteville

Case: 4:07-cv-00603-JLH

As of:10/14/2009 03:22 PM CDT 2 of 2
One Steele Plaza 3739 Steele Boulevard Suite 300 Fayetteville , AR 72703 479−582−6102 Fax: 479−582−6111 Email: emadison@littler.com ATTORNEY TO BE NOTICED

Date Filed 06/29/2007 07/17/2007 07/17/2007 07/17/2007 07/27/2007 08/08/2007 10/17/2007
11/08/2007 11/09/2007 11/13/2007 11/16/2007 11/16/2007
12/14/2007 06/30/2008

# Docket Text
1 COMPLAINT with Jury Demand against Family Dollar Stores of Arkansas, Inc. filed by Equal Employment Opportunity Commission (jap) (Entered: 06/29/2007)
2 NOTICE of Appearance by R. Scott Summers on behalf of Family Dollar Stores of Arkansas, Inc. (Summers, R.) (Entered: 07/17/2007)
3 NOTICE of Appearance by Eva C. Madison on behalf of Family Dollar Stores of Arkansas, Inc. (Madison, Eva) (Entered: 07/17/2007)
4 ANSWER to Complaint by Family Dollar Stores of Arkansas, Inc..(Summers, R.) (Entered: 07/17/2007)
5 INITIAL SCHEDULING ORDER (DOC): Rule 26(f) Conference to occur by 9/24/2007; Rule 26(f) Report due by 10/9/2007; proposed jury trial date the week of 5/19/2008 in Little Rock. (cdw) (Entered: 07/27/2007)
6 REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission and Family Dollar Stores of Arkansas, Inc. (Dixon, Pamela) (Entered: 08/08/2007)
7 FINAL SCHEDULING ORDER (DOC): Jury Trial set for the week of 8/25/2008 at 9:15 AM in Little Rock, Courtroom #4D before Chief Judge J. Leon Holmes; Discovery due by 6/12/2008; Pretrial Disclosure Sheet due by 8/5/2008; Status Report due by 6/26/2008. (cdw) (Entered: 10/17/2007)
8 AGREED PROTECTIVE ORDER that the documents and information disclosed in this matter shall remain confidential in accordance with this Order. Signed by Judge J. Leon Holmes on 11/8/07. (vjt) (Entered: 11/08/2007)
9 MOTION to Quash Deposition of Michael Dupuy by Family Dollar Stores of Arkansas Inc (Summers, R.) (Entered: 11/09/2007)
10 RESPONSE to Motion re 9 MOTION to Quash Deposition of Michael Dupuy filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibits A through F)(Dixon, Pamela) (Entered: 11/13/2007)
11 ORDER denying deft's 9 Motion to Quash. Signed by Chief Judge J. Leon Holmes on 11/16/07. (vjt) (Entered: 11/16/2007)
12 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute entry for proceedings held before Chief Judge J. Leon Holmes: Telephone conference held on Friday, 11/16/2007 re 9 MOTION to Quash Deposition of Michael Dupuy filed by Family Dollar Stores of Arkansas Inc; Pamela Dixon, Bill Cash present for plaintiff; Scott Summers present for defendant; Court hears argument regarding motion; order to follow. (Court Reporter G. Power) (cdw) (Entered: 11/19/2007)
13 Corporate Disclosure Statement (Rule 7.1) by Family Dollar Stores of Arkansas Inc (Summers, R.) (Entered: 12/14/2007)
14 CONSENT DECREE, Deft will pay a total of $4,279.59 in back pay, less applicable withholding taxes, and $20,720.41 in damages to Debra Terry w/in 10 days of the entry of the Decree; each party shall bear its own costs, attorneys' fees, and expenses; terminating case. Signed by Chief Judge J. Leon Holmes on 6/30/08. (vjt) (Entered: 07/01/2008)