Equal Employment Opportunity Commission v. Kevin & J Company, Inc.,et al

Filing 46

CONSENT DECREE Signed by District Judge Curtis L Collier on 7/8/2014. (BJL, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TENNESSEE
SOUTHERN DIVISION
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,
Plaintiff,
v.
KEVIN & J COMPANY, INC. d/b/a SKILLZ
INCORPORATED,
Defendant.

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CIVIL ACTION NO.
1:12- cv-00321

CONSENT DECREE

INTRODUCTION
The Equal Employment Opportunity Commission (Commission or EEOC)
instituted this civil action against Defendant Kevin & J Company, Inc. d/b/a Skillz
Incorporated (Defendant) to remedy unlawful employment practices in violation of Title
VII of the Civil Rights Act of 1964 (Title VII) and Title I of the Civil Rights Act of 1991. In
the Commission’s Complaint, filed on September 26, 2012, the Commission alleges
Defendants subjected Jenny Thosychangh to unequal terms and conditions of
employment because of her sex (pregnancy).
Defendant denies the allegations contained in the Commission’s Complaint.
This Consent Decree (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
Complaint. The Commission and Defendant have consented to entry of this Decree to
avoid the additional expense 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 referenced herein. No waiver, modification,
or amendment of any provision of this Decree shall be effective unless made in writing.
No representations or inducements to compromise this action have been made between
the parties, other than those recited or referenced in this Decree. In the event this
Decree is not approved or does not become final, it will not be admissible 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 hereby APPROVES the Decree and concludes
that the terms of this Decree are adequate, fair, reasonable, equitable, and just. The
Decree adequately protects the rights of the EEOC, Defendant, and the public interest.
This Decree conforms to the Federal Rules of Civil Procedure and does not derogate
the rights or privileges of any person. The entry of this Decree furthers the objectives of
the ADA and appears in the best interests of the parties and the public. Upon consent of
the parties to this action, it is hereby ORDERED, ADJUDGED. AND DECREED:
I. JURISDICTION
1.

The parties stipulate that the United States District Court for the Eastern

District of Tennessee, Southern 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 and dispute resolution.
2.

No party shall contest jurisdiction of this federal 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.

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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. 1:12-cv-00321, alleging unlawful
employment practices by Defendant based on Charge No. 494-2010-02435 filed by
Jenny Thosychangh.

This Decree shall not be considered in any manner to be

dispositive of any charge which is or may be pending before any office of the
Commission other than Charge No. 494-2010-02435.
4.

The provisions of this Decree are effective immediately upon the date that

the Decree is entered by the court and shall be binding upon the parties to this lawsuit
for three years after the effective date of this Decree.
5.

Defendant shall not discriminate against any applicant or employee

because of sex or pregnancy.
6.

Defendant shall not retaliate against any applicant or employee because

such individual has opposed discrimination under Title VII, notwithstanding that no
retaliation claim has been involved in this case.
III. POLICIES
7.

Although this case did not involve a claim regarding Defendant’s policies,

Defendant will maintain a written anti-discrimination policy. The written antidiscrimination policy shall specifically state that Defendant does not tolerate
discrimination based on sex or pregnancy and that employees who complain about
discrimination in the workplace are protected against retaliation.

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IV. TRAINING
8.

Although this case did not involve a claim regarding training, Defendant

will provide a training program on employment discrimination, including pregnancy
discrimination. The training will last at least 2 hours and will be mandatory for all
employees. The training will be scheduled and conducted within 120 days after the
date of entry of this Decree.
9.

Defendant will retain an outside human resources consultant or attorney

who has specialized knowledge of employment discrimination and who has experience
in labor and employment law to fulfill the training requirement outlined in Paragraph 8.
V. RELIEF
10.

Defendant will pay a total of $15,000.00 to Jenny Thosychangh in full and

final settlement of the claims of Jenny Thosychangh under the Commission’s
Complaint.
a.

Of this amount, $5,000.00 is back pay for lost wages.

b.

Of this amount, $10,000.00 is for non-pecuniary compensatory

damages.
11.

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

Defendant shall mail a check, via certified mail, to Jenny Thosychangh at the address
provided by the Commission.

Concurrently, a copy of the check and related

correspondence will be submitted to Matthew H. McCoy, EEOC Trial Attorney, at the
address listed below.
12.

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

to 28 U.S.C. § 1961.

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VI. NOTICE
13.

Defendant will post the Notice attached as Exhibit A within 10 days of

entry of this Decree.
VII. NOTIFICATION OF SUCCESSORS
14.

During the term of this Decree, Defendant will provide to any potential

purchaser of Defendant’s business or a purchaser of all or a portion of Defendant’s
assets, and to any other potential successor prior written notice of the existence of the
Commission’s Complaint, this Decree, and the contents and obligations of the
settlement.
VIII. ENFORCEMENT
15.

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
deficiency in Defendant’s compliance with the terms of this Decree, the Commission will
then have the option of petitioning the Court for relief.
IX. MISCELLANEOUS
16.

Each of the parties shall bear its own costs and attorney fees in this

lawsuit.
17.

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.

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18.

When this Decree requires a certification by Defendant of any facts, such

certification will be made under oath or penalty of perjury by an officer or management
employee of Defendant.
19.

When this Decree requires the submission by Defendant of reports,

certifications, notices, or other materials to the Commission, they will be e-mailed to:
[e-mail], Subject: Kevin & J Company Title VII Settlement.

SO ORDERED.
ENTER:
/s/____________________________
CURTIS L. COLLIER
UNITED STATES DISTRICT JUDGE

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Approved by the parties:
FOR THE COMMISSION:

FOR DEFENDANT:

P. DAVID LOPEZ
General Counsel

/s/ Christopher J. York (w/p MHM)
CHRISTOPHER J. YORK
GA Bar No. 781013

GWENDOLYN YOUNG REAMS
Associate General Counsel

McGahren Gaskill & York, LLC
6171 Crooked Creek Road
Norcross, GA 30092
[phone]

FAYE A. WILLIAMS
Regional Attorney
TN Bar No. 011730

/s/ Nora A. McCarthy (w/p MHM)
NORA A. McCARTHY
TN Bar No. 09547

/s/ Matthew H. McCoy
MATTHEW H. McCOY
Trial Attorney
IN Bar No. 29368-49

McCarthy, Murphy & Preslar, P.C.
1232 Premier Drive, Suite 300
Chattanooga, TN 37421
[phone]

EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
1407 Union Avenue, Suite 901
Memphis, TN 38104
[phone]

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EXHIBIT A
NOTICE TO ALL EMPLOYEES

Discrimination is a violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-2, et
seq. Federal law requires an employer to maintain a workplace free from discrimination
based on race, sex (including pregnancy), 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, files, assists or participates in the filing of a charge of
discrimination or participates in any investigation under Title VII.
Kevin & J Company, Inc. will not tolerate or condone discrimination or retaliation against
any employee or applicant for employment. Discrimination, which includes retaliation
for reporting discrimination, 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 or retaliated against in violation of federal
law, you have the right to seek assistance from:
Equal Employment Opportunity Commission
100 Alabama Street, SW, Suite 4R30
Atlanta, Georgia 30303
Telephone: [phone]
Website:
www.eeoc.gov
TTY:
1-800-669-6820

This Notice will remain posted for three years from the date signed below and must not
be altered, defaced, removed, or covered by any other materials.

______________
Date

________________________________________
Kevin & J Company, Inc.
d/b/a Skillz Incorporated

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

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