United States District Court, S.D. Mississippi, Southern Division
PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION: JAMES L.
LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EMPLOYMENT OPPORTUNITY COMMISSION MARSHA RUCKER, Regional
Attorney Gerald Miller, Senior Trial Attorney Harriett
Oppenheim, Senior Trial Attorney
RITE WAY SERVICE, INC. RHONDA SIEGEL, VICE PRESIDENT As
Corporate Representative of Defendant, Rite Way Service, Inc.
V. BARLOTTA ZACHARY B. BUSEY Baker, Donelson, Bearman,
Caldwell & Berkowitz, PC
SULEYMAN OZERDEN DISTRICT JUDGE
United States Equal Employment Opportunity Commission filed
this action on June 27, 2013 against Rite Way Service, Inc.
(hereinafter referred to as "Rite Way" or
"Defendant") pursuant to Title VII of the Civil
Rights Act of 1964, 42 U.S.C. § 2000e et seq. (Title
VII), and the Civil Rights Act of 1991, 42 U.S.C. §
1981a. In its Complaint, the Commission alleged that Rite Way
retaliated against Mekeva Tennort (hereinafter referred to as
"Charging Party"), in violation of Section 704(a)
of Title VII, 42 U.S.C. § 2000e-3(a), and the Civil
Rights Act of 1991, 42 U.S.C. § 1981a.
parties do not object to the jurisdiction of the Court over
this action and waive their rights to a hearing and the entry
of findings of fact and conclusions of law. The parties agree
that this Consent Decree is fair, reasonable, and equitable
and does not violate the law or public policy.
Defendant denies that it engaged in any unlawful employment
practice. In the interest of resolving this matter and as a
result of having engaged in comprehensive settlement
negotiation, the parties have agreed that this action should
be finally resolved by entry of this Decree.
is hereby ORDERED, ADJUDGED, and DECREED:
Consent Decree is entered into by the Commission and Rite
Way. This Consent Decree shall be final and binding between
the Commission and Rite Way, its directors, officers, agents,
employees, successors or assigns and all persons in active
concert or participation with it B. This Consent Decree shall
not constitute an adjudication of or finding on the merits of
the case and shall not be construed as an admission by Rite
Way of any violation of the Title VII of the Civil Rights Act
of 1964, as amended.
Consent Decree shall resolve all claims which were raised by
the EEOC in its Complaint in Civil Action No.
1:13-cv-00464-HSO-RHW. This Consent Decree does not affect
any other administrative charges pending with the Commission
or any cases currently pending in court other than the case
specifically referenced in this Decree.
Way, including its officers, agents, employees, successors,
and assigns, and all of those in active concert or
participation with them, or any of them, are permanently
enjoined for the duration of the Decree from retaliating
against any employee because he or she (i) opposed
discriminatory conduct believed to be unlawful under Title
VII, (ii) reported conduct believed to be unlawful under
Title VII to officers of Rite Way, (iii) filed a charge or is
assisting or participating in the filing of a charge of
discrimination, including sexual harassment, or (iv) assisted
or participated in an investigation or proceeding resulting
from any of the preceding items.
This Consent Decree shall be filed in the United States
District Court for the Southern District of Mississippi,
Southern Division, and shall be in effect, and continue to be
in effect, for a period of three years (3) years from the
date of entry of this Consent Decree by the Court.
modification of this Consent Decree by any party shall be
made by motion to the Court.
Court shall retain jurisdiction over this case in order to