IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION

Similar documents
RECENT DEVELOPMENTS IN DISCRIMINATION AND HARASSMENT IN THE WORKPLACE

CLARK COUNTY SCHOOL DISTRICT v. BREEDEN. on petition for writ of certiorari to the united states court of appeals for the ninth circuit

Equal Employment Opportunity Commission et al. v. Majesty Maintenance, Inc.

CASE NO. 5:00-CV COMPLAINT IN INTERVENTION ON BEHALF OF JACKQULINE STOKES

EEOC v. U-Haul International Inc.

Case 2:09-cv BSJ-RLE Document 67 Filed 10/28/11 Page 1 of 6

2012 U.S. Dist. LEXIS , * 1 of 3 DOCUMENTS. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. PROSPECT AIRPORT SERVICES, INC., Defendant.

EEOC v. Ealge Wings Industries, Inc.

J. SCOTT DYER, FAGIE HARTMAN, JULIE LEVY AND KATE WHITE

EEOC v. Hiten Hospitality L.L.C. d/b/a Family Motor Inn and Jay Kishan Hospitality, Inc. and Mike Patel

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

U.S. District Court Western District of Tennessee (Jackson) CIVIL DOCKET FOR CASE #: 1:97-cv JDT

Case 3:04-cv JSW Document 168 Filed 10/20/2005 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States Court of Appeals

EEOC and David Marcotte and Robert Kerouac v. Federal Express Corp.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA JESSICA CESTA, individually and on behalf of all others similarly situated,

EEOC v. Northwest Savings Bank

UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

Jody Feder Legislative Attorney American Law Division

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

EEOC v. Pacific Airport Services, Inc.,

Equal Employment Opportunity Commission, Plaintiff, v. Mint Julep Restaurant Operations, LLC d/b/a Cheddar's Casual Cafe, Defendant.

Case 1:15-cv KMW Document 1 Entered on FLSD Docket 10/13/2015 Page 1 of 9

Case 7:16-cv O Document 100 Filed 11/20/16 Page 1 of 6 PageID 1792

NO IN THE FLYING J INC., KYLE KEETON, RESPONDENT S BRIEF IN OPPOSITION

EEOC & Wolansky v. United Healthcare of Florida, Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. v. Civil Action No. 3:05-CV-1379-L ORDER

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA. Plaintiff Sharolynn L. Griffiths, by and through her undersigned counsel, by way of JURISDICTION

Case 2:16-cv RSL Document 1 Filed 08/05/16 Page 1 of 13

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION. Defendants. ) ORDER

)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION. Plaintiff, CV-W-2-ECF

KRUPIN O'BRIEN LLC ATTORNEYS AT LAW 1156 FIFTEENTH STREET, N.W. SUITE 200 WASHINGTON, D.C

Case: 1:15-cv Document #: 34 Filed: 01/20/16 Page 1 of 6 PageID #:132

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA. Plaintiff, Defendant. AMENDED COMPLAINT AND JURY TRIAL DEMAND NATURE OF ACTION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION V. A-08-CA-091 AWA ORDER

Equal Employment Opportunity Commission, Sherree Salter, et al., v. The Shoe Show of Rocky Mount, Inc., Andre Jones

2007 EMPLOYMENT LAW SYMPOSIUM July 20, 2007 Dallas, Texas

Equal Employment Opportunity Commission v. Maharaja Hospitality Inc, d/b/a Quality Inn by Choice Hotels

to the response may be filed unless ordered by the Court...

EEOC v. Consolidated Stores, Inc. d/b/a Big Lots

EEOC and Maria Torres v. The Restaurant Company dba Perkins

Third District Court of Appeal State of Florida

Internal Investigations in Light of #MeToo

EEOC v. Merrill Pine Ridge, LLC

The Evolution of Discrimination Laws & How To Remain Compliant. Chad E. Wallace Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.

Case 0:12-cv RNS Document 38 Entered on FLSD Docket 09/23/2013 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION DOCKET NO. 1:13-cv MOC-DLH

United States Court of Appeals

Case 4:11-cv Document 102 Filed in TXSD on 09/11/12 Page 1 of 8

Case: 1:15-cv Document #: 31 Filed: 01/20/16 Page 1 of 7 PageID #:144

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Case 3:05-cv HTW-LRA Document 82 Filed 04/20/2007 Page 1 of 7

Case 8:01-cv RAL Document 106 Filed 07/29/2002 Page 1 of 9 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION ORDER

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 3:16-cv L Document 9 Filed 10/27/16 Page 1 of 7 PageID 48 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ORDER

Case 3:15-cv SMY-PMF Document 21 Filed 04/26/16 Page 1 of 10 Page ID #213

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT RULING RE: DEFENDANT S MOTION FOR PARTIAL SUMMARY JUDGMENT [DOC. NO. 30]

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACTION NO RWZ. NANCY K. GARRITY, JOANNE CLARK and ARTHUR GARRITY

Rejecting Sexual Advances as Protected Activity: A District Court Split 1

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ) ) ) ) ) ) ) ) ) ) ) ) NATURE OF THE ACTION

PLAINTIFF AVA SMITH- THOMPSON S COMPLAINT AGAINST DEFENDANT SARA LEE CORPORATION

Case 1:00-cv JDT Document 26 Filed 06/21/2001 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FILED BY W D.C.

Case: 3:17-cv wmc Document #: 22 Filed: 03/20/18 Page 1 of 11

Defendants, 1:16CV425

State of New York Supreme Court, Appellate Division Third Judicial Department

by DAVID P. TWOMEY* 2(a) (2006)). 2 Pub. L. No , 704, 78 Stat. 257 (1964) (current version at 42 U.S.C. 2000e- 3(a) (2006)).

Case 1:17-cv JEB Document 16 Filed 04/12/17 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

VERMONT SUPERIOR COURT STATE OF VERMONT CIVIL DIVISION CALEDONIA COUNTY

STATE OF MICHIGAN COURT OF APPEALS

THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF PIERCE. Defendants, Defendant.

Case 3:11-cv JPG-PMF Document 140 Filed 01/19/16 Page 1 of 11 Page ID #1785

Case: 1:10-cv Document #: 38 Filed: 09/21/10 Page 1 of 8 PageID #:395

Case 1:18-cv RDB Document 1 Filed 07/30/18 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND BALTIMORE DIVISION

Case 3:17-cv DPJ-FKB Document 97 Filed 03/15/18 Page 1 of 11

Case: 1:15-cv Document #: 28 Filed: 11/02/15 Page 1 of 9 PageID #:216

EEOC & Aimee Boss and Morgan Hagedon v. Bodega Bars USA, LLC d/b/a Mosaic Restaurant

Case 1:17-cv SS Document 1 Filed 12/20/17 Page 1 of 14 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:05-cv CG

Case 3:17-cv HZ Document 397 Filed 11/16/17 PageID Page 1 of 5

2. One of the defendant in the case is Parker & Gould (P&G). What is exactly P&G?

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. v. CONSENT DECREE INTRODUCTION

2011 IL App (3d) Opinion filed September 8, 2011 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2011

Case: 1:08-cv Document #: 222 Filed: 02/14/11 Page 1 of 10 PageID #:2948

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 2:03-cv BBD-sta Document 14 Filed 08/05/2004 Page 1 of 7

Case 1:14-cv MPK Document 45 Filed 09/23/15 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Case 3:00-cv RGJ-KLH Document 52 Filed 08/21/2001 Page U. S. DISTRICT 1 of 14 COURT~~kil~I

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO, WESTERN DIVISION YOLAUNDA ROBINSON : CASE NO. 1:08-CV-238

United States Court of Appeals

EEOC v. Applegate Holdings LLC

Case 8:04-cv SCB-TBM Document 32 Filed 10/07/2005 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION

IN THE UNITED STATES DISTRICT ~~"A"!tOl'T~'CTCOURT FOR THE DISTRICT OF NEW MEX~eRQUE, New MI!XICO ORDER FOR DISMISSAL WITH PREJUDICE

FILED. , #, Case 5:05-cv WRF Document 29 Filed 06/06/2006Page 1 of 9 JUN COMMISSION, Plaintiff, ALICIA MANSEL, Civil Action No.

Edward Spangler v. City of Philadelphia

Case 3:14-cv JPG-PMF Document 47 Filed 02/02/15 Page 1 of 8 Page ID #182

Transcription:

Case 1:97-cv-01112-JDT Document 168 Filed 12/16/1999 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION... "./.- _ '-j. ------1~----D.C, F,II it '- _'J "---! oq nrc I r - -- 0 r;1 3: n" EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, and No. 97-1112 JOE CARL TON, Intervenor, VS. HARBERT-YEARGIN, INC., Defendant. ORDER DENYING MOTION FOR INJUNCTIVE RELIEF OF PLAINTIFF EEOC The Equal Employment Opportunity Commission ("EEOC" has moved the court pursuant to 42 U.S.C. 2000e-5(g(I to enjoin Defendant from sexually harassing employees in the workplace and from suborning perjury during federal investigations. Defendant has responded to the motion. For the reasons set forth below, the motion for injunctive relief is DENIED. The EEOC filed this action pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. 2000e et ~, alleging that Defendant engaged in unlawful this document entnct on... ciociiet IIIiMt In OOI''''' with Rule 68l1ld1or 79 (e FRCP on I.,:> C. r I <j

Case 1:97-cv-01112-JDT Document 168 Filed 12/16/1999 Page 2 of 5 employment practices, including subj ecting male employees to offensive touching on the basis of sex and failing to take prompt remedial action to prevent further such conduct. Joe Carlton intervened, asserting similar claims on his individual behalf. The case was tried by ajury, and the jury returned a verdict in favor of Carlton and Cedric Woods on their sexual harassment claims. The jury found in favor of Defendant on all other claims. In a previous order, the court set aside the jury verdict as to Cedric Woods. See Order Partially Granting & Partially Denying Defendant's Motion for Judgment as a Matter of Law, 12/16/99. Title VlI provides that the EEOC may recover injunctive relief upon a showing of intentional employment discrimination. 42 U.S.c. 2000e-5(g(l. However, injunctive relief is not mandatory even though an employer is found to have violated Title VII. Prentice v. American Standard. Inc., 1992 WL 172662 at *2 (6 th Cir. Instead, it is a matter for the discretion of the trial court. Id. After Title VII liability has been established, the defendant has the burden of going forward with evidence "tending to show that it has taken, and will continue to take, effective measures to prevent a recurrence of the actionable conduct." Id. The ultimate burden of proving that injunctive relief is necessary remains with the plaintiff, however. Id. To satisfy this burden, the plaintiff must show that there is "a cognizable danger that defendant [will] not take effective steps to prevent the conduct from recurring." \d. An injunction should not be issued unless there is some likelihood that the conduct of which plaintiff complains will recur. Janowski v. International Brotherhood of Teamsters Local No. 710 Pension Fund, 673 F.2d 931,940 (7th Cir., cert. denied, 459 U.S. 858 (1982. In the present case, the EEOC has failed to show that the conduct complained of is

Case 1:97-cv-01112-JDT Document 168 Filed 12/16/1999 Page 3 of 5 likely to reoccur. Louis Davis, the primary harasser, is no longer employed by Defendant. Additionally, Harold Scott, William Irvin, and Don Bomar are no longer employed by Defendant, and Joe Carlton has left Defendant's employment. See Spencer v. General Electric Co., 894 F.2d 651, 660 & n. 12 (4th Cir. 1990 (Sexual harassment is not likely to recur because the plaintiffwas transferred to another job and the harasser left the company.; Swanson v. Elmhurst Chrysler Plymouth, 882 F.2d 1235. 1237 (7 th Cir.1989 ("Since Swanson was no longer an employee, the court could not exercise its equitable powers to enjoin the employer from engaging in unlawful conduct, since injunctions are available only to restrain present or threatened unlawful conduct.", cert. denied, 493 U.S. 1036 (1990; McKinney v. State of Illinois, 720 F. Supp. 706, 708 (N.D. Ill. 1989 (The plaintiff is no longer employed by defendant and there are no allegations that she has any contact with the harasser; therefore, nothing suggests that the sexual harassment will recur. Accord Walker v. Anderson Electrical Connectors, 742 F. Supp. 591, 595 (M.D. Ala. 1990, aff'd, 944 F.2d 841 (II th Cir. 1991 An injunction would not be appropriate for the additional reason that Defendant no longer does business in Tennessee, see Lauerman Affidavit, Defendant's Exhibit I, and there is no evidence that the sexual harassment occurred at any work site of Defendant other than the one at issue in the present case in Jackson, Tennessee. See Domingo v. New England Fish Co., 727 F.2d 1429, 1438, modified on other grounds, 742 F.2d (9 th Cir. 1984 ("Because the Nefco canneries involved in this litigation are no longer in operation. injunctive relief is not available."

Case 1:97-cv-01112-JDT Document 168 Filed 12/16/1999 Page 4 of 5 Next, the conduct complained of occurred before the Supreme Court in Oncale v. Sundowner Offshore Servs., Inc.,118 S. Ct. 998 (1998, clarified the law on same sex harassment. I Defendant is now on notice that this type of conduct will not be tolerated. See Walker, 742 F. Supp. at 595 ( "Title VII itself, bolstered by the jury finding in this case, provides an adequate warning to Anderson Electrical and a sufficient guarantee against future sexual harassment." The court also notes that the monitoring of the nationwide injunction requested by the EEOC, in light of the above facts, "would be impossible at worst and unduly burdensome at best." Id. Finally, Defendant already has a company-wide policy explicitly informing employees that sexual harassment violates Title VII and will not be tolerated. Lauerman Affidavit, Defendant's Exhibit 1. Because the EEOC has failed to show that "there is some likelihood that the conduct of which plaintiff complains will recur," see Janowski v. International Brotherhood of Teamsters Local No. 710 Pension Fund, 673 F.2d 931,940 (7th Cir., cert. denied, 459 U.S. 858 (1982, the motion for injunctive relief is DENIED. The clerk is directed to enter judgment in accordance with this order, the order granting attorney's fees and costs, the order partially granting and partially denying Defendants' motion for judgment as a matter oflaw, I There is no evidence that any of the complained of conduct occurred after the Oncale decision.

Case 1:97-cv-01112-JDT Document 168 Filed 12/16/1999 Page 5 of 5 and the order on the jury verdict. IT IS SO ORDERED. JUJ'/T,cr/l~' ~ DATE f