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Equal Employment Opportunity Commission v. Rite Way Service, Inc.

United States District Court, S.D. Mississippi, Southern Division

March 23, 2017

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
RITE WAY SERVICE, INC. Defendant

          For PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION: JAMES L. LEE Deputy General Counsel

          GWENDOLYN YOUNG REAMS Associate General Counsel

          EQUAL EMPLOYMENT OPPORTUNITY COMMISSION MARSHA RUCKER, Regional Attorney Gerald Miller, Senior Trial Attorney Harriett Oppenheim, Senior Trial Attorney

          For RITE WAY SERVICE, INC. RHONDA SIEGEL, VICE PRESIDENT As Corporate Representative of Defendant, Rite Way Service, Inc.

          RICHEL V. BARLOTTA ZACHARY B. BUSEY Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

          CONSENT DECREE

          HALIL SULEYMAN OZERDEN DISTRICT JUDGE

         L INTRODUCTION

         The 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.

         The 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.

         The 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.

         It is hereby ORDERED, ADJUDGED, and DECREED:

         A. This 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.

         C. This 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.

         D. Rite 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.

         F. Any modification of this Consent Decree by any party shall be made by motion to the Court.

         G. The Court shall retain jurisdiction over this case in order to enforce ...


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