Equal Employment Opportunity Commission v. Goodwill Industries of Southwest Oklahoma and North Texas Inc

Filing 189

CONSENT DECREE in favor of Equal Employment Opportunity Commission, Mary A Goulet against Goodwill Industries of Southwest Oklahoma and North Texas Inc. Signed by Honorable Timothy D. DeGiusti on 7/22/2014. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA

EQUAL EMPLOYMENT OPPORTUNITY )
COMMISSION and MARY GOULET,
)
)
Plaintiff and Plaintiff-Intervenor,
)
)
vs.
)
)
GOODWILL INDUSTRIES OF
)
SOUTHWEST OKLAHOMA and
)
NORTH TEXAS, INC.,
)
)
Defendant.
)

Case No. CIV-11-1043-D

CONSENT DECREE
Plaintiff Equal Employment Opportunity Commission (“EEOC”) commenced this
action alleging that Defendant Goodwill Industries of Southwest Oklahoma And North
Texas, Inc. (“Goodwill”) retaliated against Mary Goulet by terminating her employment
for giving deposition testimony in the age and sex discrimination lawsuit of Francy Ford
v Goodwill Industries of SW Oklahoma & N. Texas, Inc., CIV-09-578-M (W.D. Okla.), in
violation of Title VII of the Civil Rights Act of 1964, as amended, (“Title VII”) and in
violation of the Age Discrimination in Employment Act of 1967, as amended,
(“ADEA”). Mary Goulet (“Plaintiff-Intervenor”) has intervened in this action.
Goodwill filed an Answer in which it denied the allegations. Nothing in this
decree constitutes an admission by any party as to the claims or defenses of another party.
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.
THEREFORE, it is the finding of this Court, made on the pleadings, the record as a
whole, and upon agreement of the parties, that: (i) this Court has jurisdiction over the parties
to and the subject matter of this action; (ii) the purposes of Title VII and the ADEA, will be
carried out by the entering of this Decree; (iii) this Decree is intended to and does resolve
all claims asserted in this action; (iv) the terms of this Decree constitute a fair and equitable
settlement of all claims asserted in this action; and (v) this Consent Decree is being entered
with the consent of the parties for purposes of settlement.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:
I. General Provisions
Defendant shall not discriminate or retaliate against any employee because such
employee has: (i) opposed any employment practice alleged to be unlawful under Title VII,
the ADEA, ADA, GINA, and/or the EPA; (ii) participated in an investigation concerning
or related to allegations of discrimination under Title VII, the ADEA, the ADA, GINA
and/or the EPA; (iii) participated in this lawsuit and/or the EEOC investigation of the charge
forming the predicate for this lawsuit; and/or (iv) benefited in any way as a result of this
Consent Decree.
II. Monetary Relief
Goodwill’s former insurance company has made the decision to pay $100,000 to
Mary Goulet as an economic method of ending the litigation with the Plaintiffs. Therefore
Goodwill shall pay Plaintiff-Intervenor Mary Goulet $100,000 (the "Settlement Amount")
for all claims filed by the EEOC and all claims filed by Mary Goulet. The Settlement
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Amount includes checks for all relief claimed for back pay, compensatory damages, and
attorney's fees and any other claim raised by Mary Goulet in this action, copies of which
shall be sent to the EEOC, c/o Jeff Lee, Trial Attorney, 215 Dean A. McGee Ave, Suite 524,
Oklahoma City, Oklahoma 73102.
III. Injunctive Relief
A. Notice and Posting
1.

Within thirty (30) days of the entry of the Consent Decree by the Court,

Defendant shall post a Notice, or provided individually to all employees (which may be
accomplished by the inclusion of the Notice in an introductory letter in Goodwill’s Policy
and Procedure Manual so long as every employee receives a copy) signed by its Chief
Executive Officer, a copy of which is attached hereto as Exhibit A, on all break room and
lunch room bulletin boards and in all other places where notices to employees are
customarily posted, at all of its facilities. Such Notice shall remain posted or provided
annually to each employee during the two (2) year term of the Consent Decree.
2.

Within thirty (30) days of the entry of the Consent Decree by the Court,

Defendant shall provide a copy of Defendant’s anti-retaliation policy and open door
policy to all of its employees.
3.

Within thirty (30) days of the entry of the Consent Decree, Defendant shall

mail copies of the Notice and Policy required above to the EEOC, c/o Jeff Lee, Trial
Attorney, 215 Dean A. McGee Ave, Suite 524, Oklahoma City, Oklahoma 73102.

B. Training
1.

Within ninety (90) days of the Court's entry of the Consent Decree, Defendant
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shall cause all of its managers and human resources employees to attend three hours of
employment discrimination training, focusing on the prevention of retaliation against employees
who file complaints of discrimination as well as the protection of employees who have
participated as witnesses in any investigation of a complaint of discrimination. As part of such
training, each manager and human resources employee shall be instructed that he or she must
fully comply with Defendant’s anti-retaliation policy and must promptly report to its Chief
Executive Officer or member of its board of directors, any and all conduct that may constitute
unlawful retaliation.
2.

Thirty (30) days prior to the training, Defendant shall provide an outline and

description of the training and the training materials for review and approval to the EEOC c/o
Jeff Lee, Trial Attorney, 215 Dean A. McGee Ave, Suite 524, Oklahoma City, Oklahoma 73102.
3.

All managers newly hired or promoted after the training occurs shall attend or

watch a video recording of the same training within ninety (90) days of said hire or promotion.
Such training shall emphasize that any and all conduct that may constitute retaliation shall be
grounds for immediate discipline, including demotion and termination, and that each manager’s
and each human resources employee’s performance evaluations and future salary increases and
bonuses will be based in part on effectively implementing Defendant’s anti-retaliation policy.
4.

Within sixty (60) days of the Court’s entry of the Consent Decree, Defendant will

mail, or email, or hand-deliver, a letter to all its employees on its letterhead and signed by its
Chief Executive Officer describing its anti-retaliation policy, if not already complied with above.
The letter will explain that each employee has the right to complain about employment
discrimination, whether directed against him or her or to another employee, and that Defendant
will not retaliate against any employee who makes complaints of employment discrimination and
designate who the employee is to contact under the policy.
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5.

Within thirty (30) days of the Court’s entry of the Consent Decree, Defendant will

mail a copy of the letter, designated in ¶ 4 above, for review and approval to the EEOC, c/o Jeff
Lee, Trial Attorney, 215 Dean A. McGee Ave, Suite 524, Oklahoma City, Oklahoma 73102.

6.

Defendant shall annually, provide at least one (1) hour of refresher training

on the anti-retaliation provisions of Title VII, the ADEA, the ADA, the GINA and the
EPA to all managers and human resources employees at the Goodwill corporate facility.
7.

Within thirty (30) days of completion of the initial training, Defendant shall

provide written certification of compliance to the EEOC, c/o Jeff Lee, Trial Attorney, 215
Dean A. McGee Ave, Suite 524, Oklahoma City, Oklahoma 73102. Such certification of the

initial training shall include the completed Certification of Training Attendance, attached
hereto as Exhibit B.
C. Inspection and Monitoring
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Defendant shall produce an annual report, beginning from the date of the

Consent Decree, of each formal complaint received by Defendant from any of its
applicants or employees of any discrimination prohibited by Title VII, the ADEA, the
ADA, the GINA, and/or the EPA. The report shall be mailed upon request to the EEOC,
c/o Jeff Lee, Trial Attorney, 215 Dean A. McGee Ave, Suite 524, Oklahoma City,
Oklahoma 73102. This report shall contain the identity of the person making the
complaint, the identity of any persons listed as witnesses in the complaint, the date of the
complaint, a brief description of the complaint, and the identity of any persons alleged in
the complaint to have violated Title VII, the ADEA, the ADA, the GINA, and/or the
EPA. The report of any formal discrimination complaints made internally by any

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employee shall include the outcome of the complaint and whether any adverse
employment action was taken against any employee. This report shall not be requested
more than once a year, and shall not be made public or given to any person or entity
outside the EEOC.
2.

Within six (6) months of the entry of the Consent Decree, Defendant shall provide

written notice to the EEOC of compliance with the requirements set forth in Sections III (A) and
(B) of the Consent Decree to the EEOC, c/o Jeff Lee, Trial Attorney, 215 Dean A. McGee Ave,
Suite 524, Oklahoma City, Oklahoma 73102, if not already complied with above.
3.

For the duration of the Consent Decree, Defendant shall allow representatives of

the Equal Employment Opportunity Commission to inspect the premises of Defendant’s facilities
to assure compliance with the Consent Decree. Such review of compliance shall be initiated by
written notice to the attorney of record for Defendant at least five (5) business days in advance of
any such inspection. Defendant has the right to have its attorney of record present during any
such inspection.

IV. Term and Effect of Decree
1.

By entering into the Consent Decree, the parties do not intend to resolve

any charges of discrimination other than the charge filed by the Plaintiff-Intervenor with
the EEOC which formed the foundation for EEOC’s Complaint and the foundation for
the Plaintiff-Intervenor’s Complaint in this action.

2.

The Consent Decree shall remain in force for a period of two (2) years

during which term the Court shall retain jurisdiction for enforcement purposes.
3.

The Consent Decree shall be binding upon the parties hereto, their
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successors and assigns. Defendant shall notify any successors and assigns, including but
not limited to any and all purchasers or prospective purchasers, of the obligations of the
Consent Decree during the two (2) year term of the Consent Decree.
4.

The parties shall bear their own costs and attorneys’ fees.

IT IS SO ORDERED this 22 day of July, 2014.

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________________________
Richard R. Rice, OBA #15129
RICE LAW FIRM
1401 S. Douglas Blvd, Ste, A
Midwest City, OK 73130
[phone]/737-7446 (fax)
[e-mail]

Jim T. Priest, OBA #7310
Leah M. Avey, OBA #21591
RUBENSTEIN & PITTS, PLLC
1503 E. 19th Street
Edmond, OK 73013
Telephone: [phone]
Facsimile: 405.340.1001
[e-mail]
[e-mail]
Counsel for Defendant Goodwill Industries of
Southwest Oklahoma and North Texas, Inc.

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EXHIBIT A
[Goodwill letterhead]
NOTICE TO EMPLOYEES AND APPLICANTS
This Notice serves to reaffirm Goodwill Industries of Southwest Oklahoma and
North Texas, Inc.’s continued commitment to a workplace free from unlawful retaliation,
including unlawful discrimination on the basis of race, sex, and age.
Federal law, including Title VII of the Civil Rights Act of 1964, the Americans
with Disabilities Act, the Age Discrimination in Employment Act, the Genetic
Information Non-discrimination Act, and the Equal Pay Act, prohibits discrimination
against any employee or applicant for employment because of the individual’s sex,
disability, religion, race, color, national origin, genetic information, or age (40 and above)
with respect to hiring, promotion, firing, compensation, harassment, accommodation
requests, and/or other terms, conditions, or privileges of employment. Federal law
prohibits retaliation against an employee or applicant who exercises any rights
guaranteed by these laws. Title VII and the ADEA specifically requires Goodwill
Industries of Southwest Oklahoma and North Texas, Inc. not to discriminate based on
race, sex, or age, or any combination thereof, and mandates further that Goodwill will not
retaliate against any employees who have reported such discrimination or engaged in any
proceeding under these statutes, including participation in the investigation of a charge
of discrimination, giving a deposition in a lawsuit alleging the violation of one of these
statutes, or bringing or testifying in a lawsuit alleging the violation of one of these
statutes .
Goodwill Industries of Southwest Oklahoma and North Texas, Inc. fully supports
these federal laws and will not discriminate or take any action against any employee or
applicant for reporting discrimination, opposing discrimination, and/or participating in
any internal, government agency, or court investigation or proceeding related to possible
discrimination or retaliation. Any employee or applicant who is concerned that
prohibited discrimination or retaliation has occurred should report such concern to a
manager or human resources representative as promptly as possible. Such employee or
applicant also may contact the Equal Employment Opportunity Commission, 210 Dean A.
McGee Avenue, Suite 524, Oklahoma City, OK 73102, [phone]. See
www.eeoc.gov for additional information.

__________________________________________________________
Jimmy Crews, President & CEO, Goodwill Industries of Southwest
Oklahoma and North Texas, Inc.
DATE: _____________________

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EXHIBIT B [
Goodwill letterhead]
Certification of Training Attendance
Each of the undersigned managers and human resources representatives certifies receipt
of _____ hours of training on federal anti-discrimination laws on the date(s) shown below.
PLEASE SIGN AND DATE LEGIBLY.
NAME AND TITLE

DATE & HOURS ATTENDED

__________________________________
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