Equal Employment Opportunity Commission v. Aaron Rents, Inc.

Filing 10

ANSWER to 2 Complaint by Aaron Rents, Inc..(Rhode, Shari)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,
Plaintiff,
and
ASHLEY ALFORD,
Plaintiff-Intervenor,
v.
AARON RENTS, INC. d/b/a AARON
SALES AND LEASE OWNERSHIP,
RICHARD MOORE, AND BRAD MARKIN,
Defendants.

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CIVIL ACTION NO.
3:08-cv-00683-MJR-DGW

DEFENDANT AARON RENTS, INC.’S ANSWER TO PLAINTIFF EQUAL
EMPLOYMENT OPPORTUNITY COMMISSION’S COMPLAINT
COMES NOW Defendant Aaron Rents, Inc. (“Aarons”), by its
undersigned counsel, and pursuant to Rule 12(a) of the Federal
Rules of Civil Procedure, hereby submits its Answer to Plaintiff
Equal

Employment

Opportunity

Commission’s

Complaint

(“Complaint”) as follows:
COMPLAINT
Answering the unnumbered paragraphs immediately under the
heading “Nature of the Action” of the Complaint, Aarons denies
that

Ashley

Alford

was

adversely

affected

by

any

unlawful

employment practices of Aarons under Title VII of the Civil
Rights Act of 1964, Title I of the Civil Rights Act of 1991, or

any other federal and/or state law.

Except as specifically

responded to herein, the remaining allegations contained in the
unnumbered

paragraphs

located

immediately

under

the

heading

“Nature of the Action” are denied.
JURISDICTION AND VENUE
1.
Answering Paragraph 1 of the Complaint, Aarons admits that
Plaintiff

purports

to

bring

this

action

under

Federal

law,

including 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”), but denies that it has violated these or any
other laws.

The remaining allegations in Paragraph 1 are a mere

statement of jurisdiction, to which a responsive pleading is
neither necessary nor proper.
warranted,

except

as

To the extent that a response is

specifically

admitted

herein,

the

allegations in Paragraph 1 of the Complaint are denied.
2.
Answering Paragraph 2 of the Complaint, Aarons denies that
it has committed any unlawful employment practices regarding the
allegations contained in Plaintiff’s Complaint, and therefore,
denies that Plaintiff and/or Ms. Alford has a valid cause of
action.

To the extent that Plaintiff alleges a violation of

Title VII, Aarons admits that the alleged unlawful employment
practices

occurred

in

this

venue.

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Except

as

specifically

admitted herein, the allegations in Paragraph 2 of the Complaint
are denied.
PARTIES
3.
Answering Paragraph 3 of the Complaint, Aarons admits that
Plaintiff is authorized by statute under certain circumstances
to bring a civil action for alleged violations of Title VII.
Except

as

specifically

admitted

herein,

the

allegations

in

Paragraph 3 of the Complaint are denied.
4.
Answering Paragraph 4 of the Complaint, Aarons admits that
from

October

31,

2005

business

in

the

Heights,

at

which

Except

as

State
time

specifically

through
of

April

Illinois

it

and

employed

admitted

9,

2007,
the

at

herein,

it

city

least
the

15

was

of

doing

Fairview

employees.

allegations

in

Paragraph 4 of the Complaint are denied.
5.
Answering Paragraph 5 of the Complaint, Aarons states that
the allegation that it has continuously been an employer engaged
in an industry affecting commerce under Section 701(b), (g) and
(h) of Title VII, 42 U.S.C. §§ 2000e(b), (g), and (h) is a legal
conclusion, to which a responsive pleading is neither necessary
nor proper.

To the extent that a response is warranted, the

allegations contained in Paragraph 5 are denied.

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STATEMENT OF CLAIMS
6.
Answering Paragraph 6 of the Complaint, Aarons admits that
more than thirty days prior to the institution of the lawsuit,
Ashley

Alford

Opportunity
Aarons.

filed

a

Commission

Except

as

charge

with

alleging

the

Equal

violations

specifically

of

responded

Employment

Title

to

VII

herein,

by
the

allegations in Paragraph 6 of the Complaint are denied.
7.
Aarons denies the allegations contained in Paragraph 7 of
the Complaint, including subparagraphs (a) through (c).
8.
Aarons denies the allegations contained in Paragraph 8 of
the Complaint.
9.
Aarons denies the allegations contained in Paragraph 9 of
the Complaint, including all underlying assumptions.
10.
Aarons denies the allegations contained in Paragraph 10 of
the Complaint.
PRAYER FOR RELIEF
Answering

the

unnumbered

WHEREFORE

clause

immediately

following Paragraph 10 of the Complaint, including paragraphs
(A)

through

(G),

Aarons

denies

that

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Plaintiff

and/or

Ashley

Alford is entitled to the relief requested therein or any relief
at all.
Aarons sets forth its Affirmative Defenses as follows:
FIRST AFFIRMATIVE DEFENSE
Plaintiff’s Complaint, or parts thereof, fails to state a
claim upon which relief can be granted.
SECOND AFFIRMATIVE DEFENSE
Plaintiff’s claims are barred by the doctrines of consent,
waiver, estoppel, justification, laches, license, unclean hands,
after-acquired

evidence,

and/or

accord

and

satisfaction.

Plaintiff’s claims may also be barred, in whole or in part, to
the extent Ashley Alford and/or Plaintiff has failed to satisfy
all statutory prerequisites required under applicable law.
THIRD AFFIRMATIVE DEFENSE
Aarons has complied with all applicable Federal and State
laws and regulations and has acted in good faith at all times
relevant hereto.
FOURTH AFFIRMATIVE DEFENSE
Neither Plaintiff nor Ashley Alford is entitled to recover
damages, including compensatory or punitive, under any facts or
theories

set

forth

in

the

Complaint.

Furthermore,

neither

Plaintiff nor Ashley Alford is entitled to any of the relief,
equitable, declaratory, or legal, requested in the Complaint.

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FIFTH AFFIRMATIVE DEFENSE
All or part of Plaintiff’s Complaint is barred by Ashley
Alford’s failure to follow Aarons’ effective Non-Discrimination
and Sexual Harassment Policy of which she had full knowledge.
Specifically, Aarons exercised reasonable care to prevent and
correct promptly any unlawfully harassing behavior and Ashley
Alford unreasonably failed to take advantage of any preventive
or corrective opportunities provided by Aarons or to avoid harm
otherwise.
SIXTH AFFIRMATIVE DEFENSE
Plaintiff cannot establish a causal connection between any
damages

as

alleged

and

any

improper

conduct

on

the

part

of

Aarons.
SEVENTH AFFIRMATIVE DEFENSE
Plaintiff’s Complaint may be barred, in whole or in part,
by Aarons having promptly and effectively remediated any and all
conduct

reported

by

Ashley

Alford

as

discriminatory

and/or

retaliatory.
EIGHTH AFFIRMATIVE DEFENSE
Plaintiff’s Complaint may be barred, in whole or in part,
by the applicable limitations periods.

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NINTH AFFIRMATIVE DEFENSE
Plaintiff’s Complaint may be barred, in whole or in part,
by Ashley Alford’s failure to notify Aarons of any conduct which
she found objectionable.
TENTH AFFIRMATIVE DEFENSE
Ashley Alford has failed to mitigate her alleged damages as
required by law.
ELEVENTH AFFIRMATIVE DEFENSE
Any damages that Ashley Alford suffered were the direct and
proximate result of her own actions or inactions, including, but
not limited to, her own negligence or assumption of the relevant
risks.
TWELFTH AFFIRMATIVE DEFENSE
Any injuries or damages alleged by Plaintiff and/or Ashley
Alford,

if

any,

were

the

result

of

new,

independent,

intervening, or superseding causes that are unrelated to any
conduct of Aarons, and as a result, any action on the part of
Aarons was not the proximate or producing cause of any alleged
injuries or damages Ashley Alford claims to have suffered.
THIRTEENTH AFFIRMATIVE DEFENSE
Plaintiff’s Complaint is barred or reduced by the fact that
Ashley

Alford

consented

to,

welcomed,

and/or

voluntarily

participated in any statements or conduct complained of in this
action.

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FOURTEENTH AFFIRMATIVE DEFENSE
Ashley Alford did not exercise due caution and care with
respect to the matters alleged in the Complaint and if, in fact,
Ashley Alford suffered any damage or injury, she contributed in
whole or in part to such damage or injury, and, therefore, any
remedy or recovery to which Plaintiff and/or Ashley Alford might
otherwise be entitled must be denied or reduced accordingly.
FIFTEENTH AFFIRMATIVE DEFENSE
Any

discriminatory

employment

decisions

by

Aarons’

managerial agents were contrary to Aarons’ good-faith efforts to
comply

with

Title

VII

of

the

Civil

Rights

Act

of

1964,

as

amended.
SIXTEENTH AFFIRMATIVE DEFENSE
Plaintiff

is

not

entitled

to

recover

damages

under

any

facts or theories set forth in the Complaint.
SEVENTEENTH AFFIRMATIVE DEFENSE
Aarons hereby reserves the right to amend this Answer or
add additional affirmative defenses, or to withdraw affirmative
defenses,

after

reasonable

opportunity

for

appropriate

discovery.
WHEREFORE,

having

fully

answered

the

allegations

in

Plaintiff’s Complaint, Aarons requests that the Court enter an
order dismissing the Complaint in its entirety with prejudice,
awarding

Aarons

its

costs

and

expenses,

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including

reasonable

attorneys’ fees, and awarding Aarons other relief as this Court
deems just and proper.
Respectfully submitted this 1st day of December, 2008.
s/Alisa P. Cleek_____________
Alisa P. Cleek – Lead Counsel
Georgia Bar No. 581063
(Pro hac vice pending)
s/Elliott M. Friedman________
Elliott M. Friedman
Georgia Bar No. 277566
(Pro hac vice pending)
ELARBEE, THOMPSON, SAPP & WILSON, LLP
229 Peachtree Street, NE
800 International Tower
Atlanta, Georgia 30303
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
s/Shari R. Rhode____________
Shari R. Rhode
Illinois Bar No. 02324598
s/Kristen Glasford__________
Kristen Glasford
Illinois Bar No. 06281800
RHODE & JACKSON, P.C.
1405 West Main Street
Carbondale, Illinois 62901
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant Aaron Rents, Inc.

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,
Plaintiff,
and
ASHLEY ALFORD,
Plaintiff-Intervenor,
v.
AARON RENTS, INC. d/b/a AARON
SALES AND LEASE OWNERSHIP,
RICHARD MOORE, AND BRAD MARKIN,
Defendants.

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CIVIL ACTION NO.
3:08-cv-00683-MJR-DGW

CERTIFICATE OF SERVICE
I hereby certify that on December 1, 2008, I electronically
filed

the

foregoing

DEFENDANT

PLAINTIFF

EQUAL

EMPLOYMENT

with

Clerk

of

the

Court

AARON

RENTS,

OPPORTUNITY

using

the

INC.’S

COMMISSION’S

CM/ECF

system

ANSWER

TO

COMPLAINT
which

will

automatically send notification of such filing to the following:
Barbara A. Seely
Jan Shelly
Judy L. Cates
s/Shari R. Rhode____________
Shari R. Rhode
Illinois Bar No. 02324598

RHODE & JACKSON, P.C.
1405 West Main Street
Carbondale, Illinois 62901
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant Aaron Rents, Inc.

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