EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. STELLAR MANAGEMENT GROUP INC

Filing 19

Consent Decree. Ordered by U.S. District Judge HUGH LAWSON on 3/21/2014. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,
Plaintiff,
vs.
STELLAR MANAGEMENT GROUP III, INC.,
d/b/a QSI,
Defendant.

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CIVIL ACTION NO.
5:13-CV-00087-HL

CONSENT DECREE
This action was instituted by the Equal Employment Opportunity
Commission (the “EEOC” or the “Commission”) against Defendant Stellar
Management Group III, Inc. d/b/a QSI (the “Defendant”) pursuant to Title VII of
the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (hereinafter
“Title VII”), and the Civil Rights Act of 1991, 42 U.S.C. § 1981(a), to remedy the
alleged wrongful practices identified in the Complaint filed in this action. This
Court has jurisdiction over the subject matter of this action and over the parties to
this action.
The Commission alleged in the foregoing civil action that Defendant
terminated Ms. Lakeasha Johnson (“Johnson”) from her position as a Sanitation

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Supervisor because of her sex in violation of Title VII. In its Complaint, the
Commission sought make-whole relief including, but not limited to, back pay with
interest, compensatory and punitive damages, and injunctive and other affirmative
relief. Defendant denies that it terminated Ms. Johnson because of her gender.
The parties to this action desire to avoid the additional expense, delay, and
uncertainty that would result from the continuance of this litigation, and desire to
formulate a plan to be embodied in this Consent Decree that will promote and
effectuate the purposes of Title VII. The parties want to conclude fully and finally
all claims arising out of the charge of discrimination filed with the Commission by
Ms. Johnson and the Commission’s Complaint. They enter into this Consent
Decree to further the objectives of Title VII and equal employment opportunity.
This Consent Decree is not to be deemed or construed to be an admission of
liability or wrongdoing by Defendant but constitutes the good faith settlement of a
disputed claim.
This Court has reviewed the terms of the proposed Consent Decree in light
of the pleadings and the applicable law and regulations, and has approved this
Consent Decree, as revised, as one that will promote and effectuate the purposes of
Title VII.
Now, therefore, this Court being fully advised in the premises, it is hereby
ORDERED, ADJUDGED, AND DECREED:
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I.

DISCLAIMER OF VIOLATION
It is understood and agreed that the negotiation, execution, and entry of this

Consent Decree by the parties shall not constitute an adjudication or finding on the
merits of this case, and shall not be construed as an admission by either party with
respect to the claims asserted in this case. Nothing in this Consent Decree shall be
admissible in any other judicial or administrative proceeding for any purpose
except to enforce the terms of this Consent Decree.
II.

NOTICES TO BE POSTED
Defendant shall keep posted at its Perry, Georgia facility the notice required

to be posted pursuant to Title VII, and, for at least one (1) year immediately
following the entry of this Consent Decree, shall also keep conspicuously posted a
copy of the Notice attached to this Consent Decree at such facility. Within ten (10)
days from the entry of this Consent Decree, Defendant shall instruct its
management and supervisory personnel at its Perry, Georgia facility regarding the
full meaning of the notice.

The posting required by this section shall be

conspicuously made on bulletin boards or locations selected so that each employee
at the Perry, Georgia facility may observe at least one such posting when at the
facility. Defendant shall certify the completion and locations of the posting and
within ten (10) days from the entry of this Consent Decree.

All written

certifications required by this Section shall be addressed to Robert Dawkins,
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Regional Attorney, EEOC Atlanta District Office, 100 Alabama Street, Suite
4R30, Atlanta, Georgia 30303.
Defendant shall not withhold the right of the Commission to enter upon
Defendant’s Perry, Georgia facility, with reasonable notice, to monitor compliance
with this Section. Should a posted Notice become defaced, marred, or otherwise
unreadable, Defendant shall ensure that a new, readable copy of the Notice is
immediately posted in the same manner as heretofore specified.
III.

INSTRUCTION TO MANAGEMENT
Within ten (10) days from the entry of this Decree, Defendant shall certify,

in writing, to the EEOC that all management and supervisory personnel who are
currently employed at its Perry, Georgia facility have been instructed as to the
terms of this Consent Decree (other than the monetary amount of the settlement),
and the full meaning of the provisions of the Notice to be posted, and that
Defendant has reaffirmed with these employees that employment decisions are not
to be made on any basis that is prohibited by Title VII. All written certification
required by this Section shall be addressed to Robert K. Dawkins, Regional
Attorney, EEOC Atlanta District Office, 100 Alabama Street SW, Suite 4R30,
Atlanta, Georgia 30303.
IV.

TRAINING
During the term of this Consent Decree, Defendant shall hold one (1)
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training session, the cost of which is to be borne by Defendant, to be attended by
all managers and supervisors assigned to the Perry, Georgia plant facility on their
rights and obligations arising under Title VII, including, but not limited to,
Defendant’s obligations under Title VII not to discriminate against any employee
on the basis of his or her gender. The above referenced training session shall be
completed within ninety (90) days of the entry of this Consent Decree.
Defendant shall provide written certification to the Commission of training
completed pursuant to this Section within fifteen (15) days following completion
of training. The certification shall include the name(s) and qualifications of the
person(s) providing instruction, names and job titles of attendees, length of
training, and the training topics. If written materials are utilized, the Commission
shall be supplied with a copy of such materials.
All written notice and certification required by this Section of the Consent
Decree shall be addressed and forwarded to Robert K. Dawkins, Regional
Attorney, EEOC Atlanta District Office, 100 Alabama Street SW, Suite 4R30,
Atlanta, Georgia 30303.
V.

REPORTING REQUIREMENT
For the duration of this Consent Decree, Defendant shall certify in writing

to the Regional Attorney whether any person employed at Defendant’s Perry,
Georgia facility has complained about gender discrimination. If an employee has
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so complained, then the summary report shall include the following information:
(a)

The date of the complaint or report;

(b)

The name of the person making the complaint or report;

(c)

The name and title of the person against whom the complaint or report
was made;

(d)

The nature of the complaint or report;

(e)

The name and title of Defendant’s official to whom the complaint or
report was made;

(f)

A description of how the complaint or report was resolved by
Defendant, including any personnel action(s) taken by Defendant in
response to the complaint or report.

The required report shall be addressed and forwarded to Robert K.
Dawkins, Regional Attorney, EEOC Atlanta District Office, 100 Alabama Street
SW, Suite 4R30, Atlanta, Georgia 30303.
VI.

RELIEF
Defendant, in settlement of all alleged claims in this action, shall pay to

Charging Party Lakeasha Johnson the sum of $15,000 less applicable statutory
deductions within ten (10) days following the entry of this Consent Decree by the
Court. Within five business days of making this payment, a copy of the check
shall also be mailed to Robert Dawkins, Regional Attorney, in the EEOC Atlanta
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District Office, at 100 Alabama Street, Suite 4R30, Atlanta Georgia 30303.
VII. DISPUTE RESOLUTION
The Commission will attempt to resolve any dispute regarding the
enforcement of this Consent Decree by informal mediation and consultation before
seeking enforcement through the judicial process. The Commission will notify
Defendant in writing by certified mail to J. Scott McDearman, Esq. if it has any
reason to believe that any action or omission by Defendant is in violation of the
Consent Decree. Defendant shall have thirty (30) days after the receipt of such
notification to cure any such alleged deficiency, and to notify the Commission, by
written report addressed to the Regional Attorney of the EEOC’s Atlanta District
Office, of the measures taken to cure the alleged deficiencies.
If upon receipt of Defendant’s report the Commission concludes that the
deficiency has not been satisfactorily cured by Defendant, the Commission shall
seek to resolve the alleged deficiency through good faith conciliation or mediation.
If the alleged deficiency is not resolved through good faith conciliation or
mediation, the Commission may seek enforcement of this Consent Decree through
the judicial process. Notwithstanding any of the foregoing, nothing in this
agreement shall be deemed to prohibit any matter that occurred during the term of
this Decree and which constitutes a dispute as contemplated by Section VII from
being fully and completely processed in the manner described in Section VII.
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VIII. TERM OF DECREE AND PERIOD OF JURISDICTION
This Consent Decree shall continue to have effect and be binding upon the
parties to this action immediately following the entry of the Decree. Upon the
Court’s execution and entry of this Consent Decree, this case shall be dismissed
with prejudice. This Court will not retain jurisdiction over this action once the
Consent Decree is entered.
IX.

OTHER ACTIONS
The Commission shall not commence or prosecute Defendant for any action

or other proceeding based upon any claims, demands, causes of action, obligations,
damages or liabilities that arose out of Lakeasha Johnson’s claims that she was
discharged by Defendant due to her gender in violation of Title VII, as embodied
in EEOC Charge Number 410-2012-01400, which was filed with, and investigated
by, the EEOC’s Atlanta District Office. This Consent Decree in no way affects the
Commission’s right to process any pending or future charges that may be filed
against Defendant in accordance with standard Commission procedures, and to
commence and prosecute civil actions pursuant to Title VII (or any other statutes
enforced by the Commission) on any such charges.

Nothing in this Consent

Decree shall be construed to limit or reduce Defendant’s obligation to fully comply
with Title VII or the regulations promulgated pursuant thereto. Nothing herein
shall preclude the Commission from bringing an action to enforce the provisions of
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this Consent Decree.
X.

COSTS AND ATTORNEYS FEES
The EEOC and Defendant shall each bear their own respective costs and

attorneys’ fees for this action.
The parties hereto and undersigned attorneys of record for the parties in the
above-styled action hereby consent to the entry of the foregoing Consent Decree.
BY CONSENT:

Counsel for Plaintiff:

s/Robert K. Dawkins
Robert K. Dawkins, Esq.
Georgia Bar No: 076206
Lakisha C. Duckett, Esq.
Georgia Bar No. 231641
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION- Atlanta District Office
100 Alabama Street, SW, Suite 4R30
Atlanta, Georgia 30303
404-562-6818 phone
404-562-6905 fax

Counsel for Defendant:

s/J. Scott McDearman
J. Scott McDearman, Esq.
Tennessee Bar No. 12174
Grant Konvalinka & Harrison, P.C.
Ninth Floor, Republic Center
633 Chestnut Street
Chattanooga, TN 37450
423-756-8400 phone
423-756-6518 fax

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SO ORDERED this the 21st day of March, 2014.

s/ Hugh Lawson______________
United States District Court Judge
Middle District of Georgia

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NOTICE
1.

This notice to all employees of Stellar Management Group III, Inc. d/b/a
QSI (the “Company”) is being posted as part of the remedy agreed to
between the Company and the Equal Employment Opportunity Commission,
EEOC, in a consent decree filed in the United States District Court, Macon,
Georgia.

2.

Federal law requires, in general, that there be no discrimination against any
employee or applicant for employment because of the person's race, color,
religion, gender, pregnant condition, national origin, disability or age with
respect to hiring, firing, compensation or other terms, conditions or
privileges of employment.

3.

Stellar Management Group III, Inc. d/b/a QSI supports and will comply with
federal law in all respects and will not take any action against employees
because of their gender, pregnant condition, race, color, religion, national
origin, disability or age or because they have exercised their rights under the
law.

4.

Employees or job applicants are encouraged to report complaints of
discriminatory treatment to the Company’s Human Resources Department at
any time. Individuals are also free to make complaints of employment
discrimination to the EEOC at www.eeoc.gov or at 1-800-669-4000.
Signed this the ______ day of ___________, 2014.
_______________________________________
On Behalf of Stellar Management Group III, Inc.
d/b/a QSI

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