Equal Employment Opportunity Commission v. AT&T

Filing 32

CONSENT DECREE Signed by Judge J. Leon Holmes on 03/05/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,

Plaintiff,

v.
SOUTHWESTERN BELL
TELEPHONE COMPANY,

Defendant.

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CIVIL ACTION NO.
3:11-CV-00196-JLH

CONSENT DECREE

Plaintiff Equal Employment Opportunity Commission

("Commission") and

Defendant Southwestern Bell Telephone Company ("Defendant") enter into this
Consent Decree ("Decree") to resolve this case.
The Commission filed its original Complaint on September 29, 2011, to remedy
unlawful employment practices in violation of Title VII of the Civil Rights Act of 1964, as
amended, 42 U.S.C. § 2000e et seq., ("Title VII") and Title I of the Civil Rights Act of
1991. The Commission filed an Amended Complaint on January 27, 2012, setting forth
the same allegations contained in the original Complaint but changing the name of the
Defendant.

In the Amended Complaint, the Commission alleges that Defendant

discharged Antonnett Johnson based on her race and sex and in retaliation for her
complaints about discrimination.

Defendant denies that it discriminated against

Antonnett Johnson based on her race or sex or in retaliation for her complaints of
discrimination.

This Decree does not constitute a finding on the merits of the case and does not
constitute an admission by Defendant of the allegations in the Amended Complaint.
The Commission and Defendant have consented to entry of this Decree to avoid the
additional expense and other burdens that continued litigation of this case would
involve.
This Decree constitutes the complete and exclusive agreement between the
Commission and Defendant with respect to the matters referred to herein. No waiver,
modification, or amendment of any provision of this Decree shall be effective unless
made in writing.

The parties have made no representations or inducements to

compromise this action other than those recited or referenced in this Decree. In the
event the Court does not approve this Decree, the parties agree not to admit it in
evidence in any subsequent proceeding in this lawsuit.
After examining the terms of this Decree, and based on the pleadings, record,
and stipulations of the parties, the Court finds:
a.

This Court has jurisdiction of the subject matter of this action and the
parties.

b.

The terms of this Decree are adequate, fair, reasonable, equitable, and
just. The Decree adequately protects the rights of the Commission, the
Defendant, and the public interest.

c.

This Decree conforms to the Federal Rules of Civil Procedure and Title
VII, and does not diminish the rights or privileges of any person. The entry
of this Decree furthers the objectives of Title VII and appears in the best
interests of the parties and the public.

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It is hereby ORDERED, ADJUDGED, AND DECREED:
I. JURISDICTION

1.

The United States Court for the Eastern District of Arkansas, Jonesboro

Division, has jurisdiction over the parties and the subject matter of this litigation and will
retain jurisdiction over this Decree for the purposes of enforcement.
2.

No party shall contest jurisdiction of this Court to enforce this Decree and

its terms or the right of the Commission to seek enforcement in the event Defendant
breaches any of the terms of this Decree.
II. SCOPE AND DURATION OF THIS DECREE

3.

This Decree resolves all issues and claims arising

out of the

Commission's Complaint in Civil Action No. 3:11-CV-00196-JLH alleging unlawful
employment practices by Defendant based on Charge No. 846-2010-1 0443 filed by
Antonnett Johnson. Notwithstanding any provisions contained herein, this Decree shall
not be considered in any manner to be dispositive of any charges now pending before
any office of the Commission other than Charge No. 846-2010-10443.
4.

Upon the date the Court enters the Decree, the provisions of this Decree

become immediately effective and binding upon the parties to this lawsuit for one year
after the effective date of this Decree.
5.

Defendant, its officers, agents, management (including supervisory

employees), successors, and assigns shall not discharge any employee based on the
employee's race or sex.

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6.

Defendant, its officers, agents, management (including supervisory

employees), successors, and assigns shall not retaliate against any employee because
that employee complained of or opposed discriminatory treatment.
Ill. POLICIES AND PROCEDURES
7.

Defendant will redistribute the anti-harassment policy contained in its

Code of Business Conduct ("COBC"), the COBC guidelines pages related to antiharassment, and the Defendant's EEO Policy to its Core Installation and Maintenance
group employees in Jonesboro, Arkansas.
IV. TRAINING
8.

Defendant will continue its annual training program regarding race, sex

and retaliation discrimination under Title VII to its Core Installation and Maintenance
group employees in Jonesboro, Arkansas.
9.

Defendant's annual training includes the following:
a.

Race discrimination;

b.

Sex discrimination;

c.

What constitutes retaliation under Title VII;

d.

Examples of race, sex, and retaliation discrimination;

e.

Management's responsibility in reporting complaints of race, sex,
and retaliation discrimination.
V. REPORTING

10.

Defendant will provide one report to the Commission within the eleven-

month period after this Decree is entered. The report will state whether there have
been any complaints of race, sex, and retaliation discrimination in its Core Installation

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and Maintenance group in Jonesboro, Arkansas, during said eleven-month period, and
shall state whether the Defendant investigated the complaint, and whether the
complaint was substantiated or not.
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The report will also include a certification that Defendant continued its

annual training program referenced in Section IV, Paragraph 8 of this Decree to the
Core Installation and Maintenance group employees in Jonesboro, Arkansas; that it
redistributed its policy to the Core Installation and Maintenance group employees in
Jonesboro, Arkansas; and that the notice required to be posted pursuant to Section VI
of this Decree remained posted from the entry of this Decree.
12.

Defendant will submit its report within eleven months of entry of the

Decree.
13.

Defendant will forward the report to Pamela B. Dixon, Senior Trial

Attorney, at the Commission's Little Rock Area Office.
VI. POSTING
14.

Defendant must also keep posted in conspicuous places the notice poster

required by Title VII, 42 U.S.C. § 2000-10.
15.

Within 10 days of the entry of this Decree, Defendant shall post and cause

to remain posted for a period of one year at its Core Installation and Maintenance
location in Jonesboro, Arkansas, the notice attached as Exhibit A.

Defendant shall

place the notice on company letterhead and all type shall be in the same typeface and
size as Exhibit A.

Defendant will post Exhibit A in a conspicuous place upon its

premises where it customarily posts notices to applicants and employees.

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VII. INDIVIDUAL RELIEF

16.

Defendant will pay a total of $30,000.00 ("Settlement Funds") to Antonnett

Johnson in full and final settlement of the claims brought under the Commission's
Amended Complaint.

One-half ($15,000.00) of the Settlement Funds will be

designated as back pay from which Defendant will subtract the standard deductions;
the remaining half ($15,000.00) will be designated as compensatory damages for which
Antonnett Johnson shall be responsible for any tax consequences arising from
her receipt of these funds. Defendants will issue Anton nett Johnson a 1099 form for
the Settlement Funds designated as compensatory damages.
17.

Within 20 business days of the entry of this Decree by the Court,

Defendant shall mail two checks to Antonnett Johnson, via certified mail, based on the
address provided to Defendant by the Commission. One check will be for the back pay
amount, less standard deductions; the second check in the amount of $15,000.00 will be
for compensatory damages for which Defendant will issue a Form 1099.

At the same

time, a copy of the two checks and related correspondence will be mailed to Pamela B.
Dixon, Senior Trial Attorney, at the address below.

18.

Late payment of checks shall be subject to the accrual of interest pursuant

to 28 U.S.C. § 1961.
19.

Defendant shall reinstate Antonnett Johnson as soon as reasonably

practicable, but no later than 30 days from the entry of this Decree, to a customer
service technician position in the Helena-West Helena, Arkansas location. Antonnett
Johnson's salary (including all raises) and benefits (including employer contributions)
will be equal to that of a customer service technician with Antonnett Johnson's years of

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service as of the time she left the payroll of Defendant.

Defendant will petition the

Benefits Administrator to immediately bridge her existing service, with credit for the time
she worked through December 1, 2009. However, Antonnett Johnson will not receive
pension credit or other benefits for the period beginning December 1, 2009, through the
date of her reinstatement, nor will Antonnett Johnson have accrued vacation from
December 2, 2009, through the date of her reinstatement.
20.

Except for any information that may have been shared by Defendant

regarding holding open the vacant position in Helena-West Helena, going forward,
Antonnett Johnson's Charge of Discrimination, this lawsuit, or any of the facts related to
her rehire that relate to either the Charge or the lawsuit will not be discussed with her
new immediate supervisor upon reinstatement.
VIII. NOTIFICATION OF SUCCESSORS
21.

Defendant shall provide notice and a copy of this Decree to any

successors, assigns, subsidiaries, affiliates, and any other corporation or other entity
that acquires Defendant. The successors, assigns, acquiring entities, and any surviving
entities upon merger or consolidation shall be fully liable for complying with the terms of
the Decree.

IX. ENFORCEMENT
22.

If Defendant fails to comply with the terms of this Decree, the Commission

has a right to enforce the obligations under this Decree. The Commission will provide
ten days' notice to Defendant of any deficiency in complying with the terms of this
Decree. If the parties are unable to reach agreement regarding resolution of any such

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deficiency in Defendant's compliance with the terms of this Decree, the Commission will
then have the option of petitioning the Court for relief.
X. MISCELLANEOUS PROVISIONS

23.

Each party to this Decree shall bear its own costs, attorney fees, and

expenses in this lawsuit.
24.

If the Court finds any provision of this Decree unlawful, the Court will sever

only such provision, and the remainder of the Decree will remain in full force and effect.
25.

When this Decree requires a certification by Defendant of any facts

included in any report submitted by the Defendant to the Commission, such certification
will be made under oath or penalty of perjury by an officer or management employee of
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Defendant.
IT IS SO ORDERED THIS

(

DAY OF March, 2013.

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APPROVED BY THE PARTIES:
FOR THE COMMISSION:

FOR DEFENDANT:

P. David Lopez
General Counsel

Is/Phillip E. Kaplan
Phillip E. Kaplan
Marie-Bernarde Miller
Williams & Anderson PLC
Twenty-Second Floor
111 Center Street
Little Rock, AR 72201
[phone] (Direct Dial)
[phone] (fax)

Gwendolyn Young Reams
Associate General Counsel
/s/Faye A. Williams
Faye A. Williams
Regional Attorney
Is/Joseph M. Crout
Joseph M. Crout
Supervisory Trial Attorney
Equal Employment Opportunity Comm.
1407 Union Avenue, Suite 901
Memphis, TN 38104
Tel. [phone]
Fax [phone]
Is/Pamela B. Dixon
Pamela B. Dixon
Senior Trial Attorney
Equal Employment Opportunity Comm.
820 Louisiana, Ste. 200
Little Rock, AR 72201
Tel. [phone]
Fax [phone]

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EXHIBIT A

NOTICE TO ALL EMPLOYEES

Discrimination based on race, sex, and retaliation violates Title VII of the Civil Rights Act
of 1964, as amended, 42 U.S.C. § 2000e, et seq. Federal law requires an employer to
maintain a workplace free from discrimination based on race, sex (gender), religion,
color, national origin, age (40 or older), or disability with respect to terms and conditions
of employment. It is also unlawful under Title VII to retaliate against any employee who
opposes a practice made unlawful under federal law or files, assists or participates in
the filing of a charge of discrimination or participates in any investigation under Title VII.
Southwestern Bell Company will not tolerate or condone discrimination or retaliation
against any employee or applicant for employment. Race and sex discrimination,
including retaliation, is a violation of company policy as well as federal law. Violation of
these company policies will result in disciplinary action up to and including termination.
If you believe you have been discriminated against in violation of federal law, you have
the right to seek assistance from:
Equal Employment Opportunity Commission
1407 Union Avenue, Suite 901
Memphis, Tennessee 38104
Telephone: [phone]
Website:
www.eeoc.gov
This Notice will remain posted for one year from the date signed below and must not be
altered, defaced, removed, or covered by any other materials.

Date

EEO Manager, Southwestern Bell

THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED OR REMOVED

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