Trucking Judgment

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

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RICKY L. CURRY, et al, }}

Plaintiff, }

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EQUAL EMPLOYMENT OPPORTUNITY }

COMISSION, }

}

Intervenor, }

} CIVIL NO. 3:10-CV-01954-K

v. }

} CONSOLIDATEDCENTRAL FREIGHT LINES, INC., }

}

Defendant. }

__________________________________________}

CONSENT DECREE

The parties to this Consent Decree are the Plaintiffs, Ricky Curry, Paul Elwell,

Richard Harris, James Thurmond, Keith Vessels and John Bean (“Plaintiffs”), Equal

Employment Opportunity Commission, on behalf of the Aggrieved Individuals, Reynaldo

Tijerina and Purvis Carter, (“EEOC”) and Central Freight Lines, Inc. (“Defendant” or

“Central”). This Consent Decree resolves the disputed allegations raised by the Plaintiffs

and EEOC in the above-referenced consolidated Civil Action No. 3-10CV01954-K. The

EEOC initiated this lawsuit under the Age Discrimination in Employment Act of 1967,

as amended (“ADEA”), to correct alleged unlawful employment practices on the basis of

age and to provide appropriate relief to Paul Elwell, Richard Harris, James Thurmond,

Ricky Curry, Keith Vessels, John Bean, Purvis Carter and Reynaldo Tijerina, who claim

Case 3:10-cv-01954-K Document 112 Filed 05/09/12 of 17 PageID 1496



to be adversely impacted by such practices. The Plaintiffs and EEOC allege that Central

violated the ADEA when it terminated the employment of Paul Elwell, Richard Harris,

James Thurmond, Ricky Curry, Keith Vessels, John Bean, Purvis Carter and Reynaldo

Tijerina, from their positions because of their ages, 40 and older. Defendant denies that

it discriminated against the Plaintiffs and Aggrieved Individuals and further denies that

it violated the ADEA. Defendant further denies all allegations made by the Plaintiffs

and the EEOC as well as any liability or damages related to the allegations made by

Plaintiffs and the EEOC. Nothing in this Decree shall constitute an admission of

liability by the Defendant.

The Plaintiffs, EEOC and Central agree to settle this action under the terms in the

Decree, as a preferred resolution to the uncertainty and expense of further litigation.

IT IS ORDERED, ADJUDGED AND DECREED as follows:

1. This Court has jurisdiction of the subject matter of this action and the

parties, venue is proper, and all administrative prerequisites to the EEOC’s filing of this

action have been met. The parties stipulate to the Court’s jurisdiction.

2. This Consent Decree resolves all issues raised in the Plaintiffs’ complaint

and the EEOC’s complaint. The EEOC and Plaintiffs waive further litigation of all issues

raised in the above-referenced complaints. The EEOC expressly reserves its right,

however, to process and litigate any other charges which may now be pending or may in

the future be filed against Defendant.




SCOPE OF CONSENT DECREE

3. The duration of this Decree shall be five (5) years from the date the Court

approves this Consent Decree, or if payments are accelerated, three (3) years from the

date the settlement funds have been fully paid, whichever is shorter. This Court shall

retain jurisdiction of this action during the period of this Decree and may enter further

orders or modifications as may be appropriate. Should any disputes under this Decree

remain unresolved after the appropriate time period, the term of the Decree shall be

automatically extended, so that the Court can retain jurisdiction of this matter to enforce

the Consent Decree, until such time as all disputes have been resolved.

INJUNCTIVE PROVISIONS

4. Defendant Central and its officers, successors, assigns and all persons in

active concert or participation are enjoined from engaging in any employment practices

which discriminate on the basis of age, or which facilitate, condone or encourage

unlawful age discrimination.

5. For the term of this decree, Defendant Central will notify the EEOC when

it involuntarily terminates the employment of any employee at the Dallas and Fort

Worth Terminals age 40 or over, and will also provide the reason for the separation.

MONETARY RELIEF

6. Upon entry of this Consent Decree, Central, in settlement of this dispute,

shall pay the total amount of $400,000.00 (“Settlement Funds”) as payment for

settlement of all disputed claims brought by EEOC and the plaintiffs, by payments to




plaintiffs John Bean, Ricky Curry, Richard Harris, Paul Elwell, James Thurmond, Keith

Vessels and aggrieved individuals Reynaldo Tijerina, Purvis Carter, and counsel for

plaintiffs as shown:

a. Defendant shall pay a total of $15,000.00 on each of the following

dates:

i. June 1, 2012

ii. July 2, 2012

iii. August 1, 2012

iv. September 3, 2012

v. October 3, 2012

vi. November 2, 2012

b. Defendant shall pay the remainder amount of $310,000.00 over 42

months starting December 3, 2012. Central shall have the right, but is

not obligated, to accelerate payments of the settlement funds.

c. The parties agree that payments shall be made in accordance with the

schedule attached to this Consent Decree as Attachment “B”. If any

of the payments sets forth in Attachment B fall on a federal or state

holiday, or if any of the payments set forth in Attachment B fall on a

weekend, then the payment shall be due the first business day

immediately following the weekend day, federal, or state holiday.




d. A copy of the checks and any accompanying transmittal documents

shall be forwarded to the EEOC to the attention of William C.

Backhaus, EEOC, 207 S. Houston Street, 3rd Floor, Dallas, Texas

75206.

TRAINING

7. Central will provide four (4) hours of training to all management and

supervisory employees of Central at the Dallas and Fort Worth Terminals on the subject

of the ADEA and the other federal equal employment opportunity laws.

9. Within ten (10) days of the completion of the training session, Central

shall certify to the EEOC, in writing, that the required training has taken place and that

required personnel attended. Such certification shall include:

a) The date, location and duration of the training; and

b) A copy of the registry of attendance which shall include the name

and position or title of each person in attendance.

c). The substance of the training and the name of the person providing

the training.




POSTING REQUIREMENT

10. Central shall post copies of the Notice attached as Attachment "A" to this

Decree in the Dallas and Ft. Worth Terminals in all conspicuous locations easily

accessible to and commonly frequented by employees. The Notice shall then remain

posted for the duration of this Decree. Central shall ensure that the Notice is not

altered, defaced or covered by any other material.

POLICY REQUIREMENT

11. Central shall implement policies, practices and programs at its Dallas and

Fort Worth Terminals which provide equal employment opportunities for individuals

over the age of 40, including a written policy making specific reference to age

discrimination and a statement of equal employment opportunity prohibiting

discrimination on the basis of age, during the term of this Decree. Defendant Central

shall communicate its age discrimination and equal employment opportunity policies to

all present employees and to all subsequent employees at the Dallas and Ft. Worth

Terminals during their initial orientation.

12. The EEOC shall have the right to ensure compliance with the terms of this

Consent Decree and may, upon reasonable advance written notice: (a) conduct

inspections of Defendant Central’s Dallas and Fort Worth facilities; (b) interview

employees of the Dallas and Fort Worth Terminals in the presence of Central’s

designated attorney(s); and (c) examine and copy relevant documents at a mutually

agreed upon time and place.




13. Central shall bear its own costs associated with administering and

implementing the provisions of this Decree.

14. Except as provided herein, the parties to this Decree shall bear their own

costs and attorney’s fees.

15. The terms of this Decree shall be binding upon the Plaintiffs, the EEOC

and Central, its agents, officers, employees, servants, successors, and assigns, as to the

issues resolved herein.

16. When this Consent Decree requires the submission by Central of

documents or other materials to EEOC, such documents or other materials shall be

mailed to William C. Backhaus, Senior Trial Attorney, EEOC, 207 S. Houston St., 3rd

Floor, Dallas, Texas 75202. The Clerk shall furnish a copy hereof to each attorney of

record.

SO ORDERED.

SIGNED this 9th day of May, 2012.

__________________________________ED KINKEADEUNITED STATES DISTRICT JUDGE




Respectfully submitted,

/s/ Barry Moscowitz /s/ Robert A. CaninoBARRY MOSCOWITZ ROBERT A. CANINO

Attorney at Law Regional Attorney State Bar No. 24004830 Oklahoma State Bar No. 011782R ACHAEL CHONG W ALTERS

Attorney at Law SUZANNE M. A NDERSON

State Bar No. 24042119 Supervisory Trial Attorney Texas State Bar No. 14009470

Thompson Coe Cousins & Irons700 N. Pearl St., 25th Floor WILLIAM C. BACKHAUSDallas, Texas 75201 Senior Trial Attorney Telephone: (214) 871-8275 Texas Bar No. 01493850

Facsimile: (214) 871-8209Equal Employment Opportunity Commission

ATTORNEY FOR DEFENDANT Dallas District Office207 S. Houston St., 3rd FloorDallas, Texas 75202-4726Telephone: (214) 253-2752Facsimile: (214) 253-2749

ATTORNEY FOR PLAINTIFF EEOC

/s/ Claudine JacksonCLAUDINE JACKSON Attorney at Law State Bar No. 00793800 APRIL F. ROBBINS Attorney at Law State Bar No. 16983470

BRACKETT & ELLIS100 Main Street

Fort Worth, Texas 76102-3090Telephone: (817) 338-1700Facsimile: (817) 870-2265

ATTORNEY FOR PLAINTIFFS




Attachment A

NOTICE TO ALL EMPLOYEES

This NOTICE will be conspicuously posted at this facility and in all places whereemployment notices are posted. It must not be altered, defaced, or covered by any othermaterial.

POLICY: Discrimination of any kind can and often will detract from employees’ jobperformance, discourage employees from remaining on the job, keep employees fromadvancing in their careers and lowers overall employee morale and productivity. It is thepolicy of this company that age-based discrimination is unacceptable conduct and willnot be condoned.

PURPOSE: It is the purpose of this policy to reaffirm and amplify the position of the Age Discrimination in Employment Act of 1967, and the Equal EmploymentOpportunity Commission’s guidelines on age-based discrimination, and to reiterate ourpolicy against discrimination.

SCOPE: This policy extends to all employees of Central Freight Lines, Inc. includingmanagement, non-management, temporary and/or probationary.

RESPONSIBILITY: Each level of management is responsible for ensuring that allpersonnel policies, procedure, and activities are in full compliance with applicable federal,

state, and local equal employment laws, statutes, rules, and regulations regarding agediscrimination. Employees are expected to read, understand, and follow the policies thatCentral Freight Lines, Inc. has established to prevent discrimination and harassment.

REPORTING PROCEDURES: Any employee who believes that he or she has beensubjected to age-based discrimination is expected to report the alleged act as soon aspossible to that person’s immediate supervisor, any supervisor or manager, or to theHuman Resources Department. The Human Resources Department may be contactedat (address to be provided) or by telephone at (number to be provided) . Supervisorsand mangers who are informed of an alleged incident of age-based discrimination must

notify the Human Resources Department.

In addition to reporting a complaint of age-based discrimination to company officials,a person may also contact the U.S. Equal Employment Opportunity Commission, andfile a charge of employment discrimination. The address and telephone number of theEEOC office is 207 S. Houston Street, Dallas, Texas 75202; (214) 253-2773.




Information about employment rights and the procedures dealing with how to file acharge is available on the Internet at www.eeoc.gov.

INVESTIGATION OF COMPLAINTS: A complete investigation of each complaint will be undertaken by the Human Resources Department. The investigation may include

interviews of all employees and supervisors at the facility, the inspection of documents,including personnel records, and an inspection of the premises.

PUNISHMENT FOR VIOLATION: Employees engaged in age-based discriminationcan expect serious disciplinary action. After appropriate investigation, any employee, whether management or non-management, who has been found to have engaged in age-based discrimination against another employee will be subject to appropriate sanctions,depending on the circumstances, from a written warning in his or her personnel file upto and including termination of employment.

RETALIATION:There shall be no retaliation against any employee because that personhas opposed what they believe to be unlawful employment practices; or has filed a chargeof discrimination, or has given testimony, assistance, or has participated in any mannerin any investigation, proceeding or hearing under the Age Discrimination if Employment Act of 1967. Central Freight Lines, Inc. will not punish you for reporting age-baseddiscrimination simply because you have made a complaint under the above guidelines.

PROTECTION OF PRIVACY: The question of whether a particular action or incidentconstitutes age-based discrimination requires a determination based on all available facts.Central Freight Lines, Inc. will therefore make a concerted effort to protect the privacy

of all personnel. Confidential information will be shared on a need-to-know basis tocomplete the investigation and to deal appropriately with the situation.

EXCEPTIONS: There are no exceptions to this policy.

THIS IS AN OFFICIAL NOTICE AND MUST NOT BE REMOVED OR DEFACEDBY ANYONE.

Signed this day of May, 2012.

_______________ _______________________________________Date Central Freight Lines, Inc.


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