UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

JUDGE

JESOHN, INC. D/B/A/COFFEE &,
Defendant. **************************

COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the

Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex

and pregnancy and to provide appropriate relief to Stacy Stein ("Ms. Stacy Stein" ), and a

class of similarly- situated pregnant females who were adversely affected by such

practices by the Defendant herein. Specifically, the United States Equal Employment

Opportunity Commission (hereinafter referred to as "the Commission") alleges that the

Defendant, Jesohn, Inc., d/b/a Coffee& (herein after referred to as "Defendant

Employer") discharged Ms. Stein and other similarly-situated females, when the

Defendant Employer learned that the women were pregnant. In addition, the Commission

alleges that the Defendant has a written policy which discriminates against females as a

class in that all pregnant females are forced to take a leave of absence as soon as the

Defendant becomes aware of their pregnancy, regardless of their ability to perform their

duties.

,..Fee b[~Pk __ Process
-~/’~_,iRmDep ~ Doc. No.

JURISDICTION AND VENUE 1.
Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(0(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
2. Venue is proper in this Court under 28 U.S.C. § 1391 and Section 706(0(3) of Title VII, 42 U.S.C. § 2000e-5(f)(3). The unlawful actions which are the subject of the instant lawsuit occurred within the jurisdiction of the United States District Court for the Eastern District of Louisiana.
PARTIES 3.
Plaintiff, the United States Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(0(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and
(3).
2

o
At all relevant times, the Defendant, Jesohn, Inc. d/b/a Coffee &, (the "Defendant Employer"), has continuously been doing business in the State of Louisiana and the City of Harvey, and has continuously had at least fifteen (15) employees.
5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6.
More than thirty (30) days prior to the institution of this lawsuit, Stacy Stein filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled.
7. On or about December 9, 2003, Defendant Employer engaged in unlawful employment practices at its Harvey, Louisiana location, in violation of Section 703(a) of Title VII, 42 U.S.C. §§ 2000e-2(a). The unlawful practices involved subjecting Stacy Stein and a class of similarly-situated females to discrimination due to pregnancy. Specifically, Ms. Stein was discharged, after approximately six (6) days of satisfactory employment, when Defendant learned that Ms. Stein was pregnant. Ms. Stein was
-3-

informed that she "was an insurance risk," and was discharged without discussion concerning her ability to perform her duties. In addition at least two other pregnant employees were also forced to take leave pursuant to the Defendant Employer’s policy. Moreover, Defendant Employer’s employee handbook includes a written version of this policy and states that "due to insurance issues" a pregnant employee must take a leave of absence when she learns that she is pregnant. As a result, the Defendant Employer’s policy discriminates against all pregnant females when they are forced to take a leave of absence as soon as the Defendant Employer becomes aware of their pregnancy regardless of their ability to perform their duties.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Ms. Stein and a class of similarly-situated females of equal employment opportunities and otherwise adversely affect their status as an employee because of their sex, female.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraphs 7 above were done with malice or with reckless indifference to the federally protected fights of Stacy Stein and a class of similarly-situated females.
4

PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, Jesohn, Inc.,
d/b/a Coffee &, its officers, successors, assigns, and all persons in active concert or participation with it, from forcing pregnant employees to take a leave of absence as soon as the Defendant Employer becomes aware of their pregnancy, regardless of their ability to perform their duties, and any other employment practice which discriminates on the basis of sex; B. Order Defendant Employer to amend and/or institute and carry out policies, practices, and programs which provide equal employment opportunities for all employees, and which eradicate the effects of its past and present unlawful employment practices, including but not limited to an effective pregnancy or maternity leave policy which does not force pregnant females to resign regardless of their ability to do their job; C. Order Defendant Employer to make whole Ms. Stein and the class of similarly-situated females, by providing appropriate backpay with prejudgmentinterest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to: reinstatement or front pay.
5

D. Order Defendant Employer to make whole Ms. Stein, and the class of similarly-situated females, by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to: emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation;
E. Order Defendant Employer to pay Ms. Stein, and the class of similarlysituated females, punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial;
F. Grant such further relief as the Court deems necessary and proper in the public interest;
G. Award the Commission its costs of this action. JURY TRIAL DEMAND
In accordance with Rules 38 and 39 of the Federal Rules of Civil Procedure, the Commission hereby requests a jury trial on all questions of fact raised by its complaint.
ERIC DREIBAND General Counsel No Bar Roll Number Assigned JAMES L. LEE Deputy General Counsel No Bar Roll Number Assigned GWENDOLYN YOUNG REAMS Associate General Counsel No Bar Roll Number Assigned
-6-

Counsel for the Defendant:
Michael S. Weinberg, Esq. Attorney at Law P.O. Box 713 14108 River Road Destrehan, LA 70047

Regional Attorney E.D. Bar Roll No. 15200000
MICHELLE T. BUTLER Supe~iso~ Trial Attorney La. ~a~Roll No. 1206~
[~NIA EBRdN/ Senior Trial Attorney No Bar Roll Number Assigned
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue, Suite 600 New Orleans, LA 70113-9936 Tel: (504) 589-3844 (Hill)
(504) 589-6942 (Butler) Fax: (504) 589-2805
COUNSEL FOR PLAINTIFF, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

-7-

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service otpieaa" gs o o"itne ’p~pr eh~sra~sa erqr "tared

by law, except asprovided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the

use of the Clerk of Court for the purpose of initiating the civil docket sheet.

(SEE INSTRUCTIONS ON THE REVERSE OF THE .F~ORM.)

~

I. (a) PLAINTIFFS
Umted States Equal Employment Opportumty Commtsston 701 Loyola Avenue, Suite 600 New Orleans, LA 70113-9936

DEFENDANTS

~ ~ ~ ~ ~[ ~£ ~’ "r ’ ’ ~" ~ i-’~ ~

Jesohn, Inc. d/b/a Coffee &, Inc.~ er~; ~ "~ ~ ~ ~ ~ ~:

~t

2050 Westbank Expressway

Marrerro, LA 70072

(b) County of Residence of First Listed Plaintiff (EXCEPT IN U.S. PLAINTIFF CASES)

County of Residence of First Listed
(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED.

(e) Attorney’s (Firm Name, Address, and Telephone Number) Erania Ebron EEOC 701 Loyola Avenue~ Suite 600 New Orleans, LA 70113 (504) 589-3539
!I. BASIS OF JURISDICTION (Place an "x" in One Box Only)

X 1 U.S. Government Plaintiff

[] 3 Federal Question (U.S. Government Not a Party)

Attorneys (If Known)

Michael S. Weinberg, Esq.

P.O. Box 713, 14108 River Road

Destrehan, LA 70047 (985) 764-8709

II1. CITIZENSHIP OF PRINCIPAL PARTIES(Place an "x" in One Box for Plaintiff

(For Diversity Cases Only)

and One Box for Defendant)

DEF

DEF

Citizen of This State

[] 1 [] 1 Incorporated or Principal Place [] 4 [] 4

of Business In This State

[] 2 U.S. Government Defendant

[] 4 Diversity (Indicate Citizenship of Parties in Item III)

Citizen of Another State [] 2 [] 2 Incorporated and Principal Place [] 5 [] 5 of Business In Another State

Citizen or Subject of a [] 3 [] 3 Foreign Nation Foreign Country

[] 6 [] 6

IV. NATURE OF SUIT (Place an "X" in One Box Only)

CONTRACT

TORTS

[] 110 Insurance [] 120 Marine [] 130 Miller Act
[] 140 Negotiable Instrument

PERSONAL INJURY [] 310 Airplane [] 315 Airplane Product
Liability

PERSONAL INJURY [] 362 Personal Injury--
Med. Malpractice [] 365 Personal Injury --

[] 150 Recovery of Overpayment [] 320 Assault, Libel &

Product Liability

FORFEITURE/PENALTY
[] 610 Agriculture [] 620 Other Food & Drug [] 625 Drug Related Seizure
of Property 21 USC
[] 630 Liquor Laws

BANKRUPTCY [] 422 Appeal 28 USC 158
[] 423 Withdrawal 28 USC 157

OTHERSTATUTES
[] 400 State Reapportionment [] 410 Antitrust [] 430 Banks and Banking [] 450 Commeree/ICC Rates/etc.
[] 460 Deportation

& Enforcement of Judgment [] 151 Medicare Act [] 152 Recovery of Defaulted
Student Loans (Excl. Veterans) [] 153 Recovery of Overpayment of Veteran’s Benefits [] 160 Stockholders" Suits [] 190 Other Contract [] 195 Contract Product Liability
REAL PROPERTY
[] 210 Land Condemnation
220 Foreclosure
[] 230 Rent Lease & Ejectment [] 240 Torts to Land [] 245 Tort Product Liability [] 290 All Other Real Properly

Slander
[] 330 Federal Employers’
Liability
[] 340 Marine [] 345 Marine Product
Liability [] 350 Motor Vehicle [] 355 Motor Vehicle
Product Liability [] 360 Other Personal Injury

[] 368 Asbestos Personal
Injury Product
Liability PERSONAL PROPERTY [] 370 Other Fraud [] 371 Truth in Lending [] 380 Other Personal
Property Damage [] 385 Property Damage
Product Liability

[] 640 R.R. & Truck [] 650 Airline Regs. [] 660 Occupational
Safety/Health [] 690 Other
LABOR
[] 710 Fair Labor Standards Act
[] 720 Labor/Mgmt. Relations

CIVIL RIGHTS
[] 441 Voting X
442 Employment

PRISONER PETITIONS [] 730 Labor/Mgmt.Reporting

[] 510 Motions to Vacate

& Disclosure Act

Sentence

740 Railway Labor Act

[] 443 Housing/ Accommodations
[] 444 Welfare [] 440 Other Civil Rights

Habeas Corpus: [] 530 General [] 535 Death Penalty [] 540 Mandamus & Other [] 550 Civil Rights [] 555 Prison Condition

[] 790 Other Labor Litigation
[] 791 Empl. Ret. Inc. Security Act

PROPERTY RIGHTS
[] 820 Copyrights [] 830 Patent [] 840 Trademark
SOCIAL SECURITY [] 861 HIA(1395f0 [] 862 Black Lung (923) [] 863 DIWC/DIWW(405(g)) [] 864 SSID Title XVI [] 865 RSI (405(g))
FEDERAL TAX SUITS
[] 870 Taxes (U.S. Plaintiff or Defendant)
[] 871 IRS--Third Party 26 USC 7609

[] 470 Racketeer Influenced and
Corrupt Orgamzations
[] 810 Selective Service [] 850 Securities/Commodities/
Exchange [] 875 Customer Challenge
12 USC 3410 [] 891 Agricultural Acts [] 892 Economic Stabilization Act [] 893 Environmental Matters [] 894 Energy Allocation Act
[] 895 Freedom of Information Act
][] 900 Appeal of Fee Determination Under Equal Access to
Justice [] 950 Constitutionality of
State Statutes [] 890 Other Statutory Actions

V. ORIGIN
X 1 Original Proceeding

(PLACE AN "X" IN ONE BOX ONLY)

[] 2 Removed from State Court

[] 3 Remanded from Appellate Court

Transferred from another district [] 4 Reinstated or [] 5 (specify) Reopened

V1. CAUSE OF ACTION

(Cite the U.S. Civil Statute under which you are filing and write brief statement of cause. Do not cite jurisdictional statutes unless diversity.)

Appeal to Dtstrict

[] 6 Multidistrict [] 7 JudgeMagistratefrOm

Litigation

Judgment

VII. REQUESTED IN COMPLAINT:
VIII. RELATED CASE(S) IF ANY
DATE

[] CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23

DEMAND $

(See instructions):

JUDGE

//""

SIGNATURE OF ATTORNEY Off~-,E~CORD ..

FOR OFFICE USE ONLY ’

RECEIPT #

AMOUN

APPLYING IFP

JUDGE

CHECK YES only if demanded in complaint:

JURY DEMAND:

X Yes [] No

DOCKET NUMBER

MAG. JUDGE

 </s> . - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---~--

fILE.D 'I S DISIHICI CQURT CAS"IG:i\N DISTRiCT Of LA

200b SEP -6 PH I: O'

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

LORETTA G. WHYTE CLERK ~

U.S. EQUAL EMPLOYMENT

*

OPPORTUNITY COMMISSION

*

*

Plaintiff,

*

*

v.

*

*

JESOIIN, INC., D/B/A COFFEE &, Inc. *

*

Defendant

*

* * * * * * * ** * * * * ** * * * * ** * * * * * *

CIVIL ACTION NO:05-1845 SECTIONC MAGISTRATE 4

CONSENT DECREE The Plaintiff, Equal Employment Opportunity Commission (the "Commission"), instituted the captioned civil action in the United States District Court for the Eastern District of Louisiana, charging Jesohn, Inc., d/b/a Coffee &, Inc. ("Coffee &" or "Defendant"), with violations ofTitle VII of the Civil Rights Act of 1964, as amended ("Title VII"), and alleging that Defendant discriminated against Stacy Stein and a class of similarly-situated females, including Kelly Sarrio, because of their sex (female/pregnancy) and; Defendant answered the Commission's Complaint and denied all the allegations. The parties have resolved this matter. The Charge of Discrimination, as amended, filed by Stacy Stein has been resolved by and through the Settlement Agreement and Mutual Release of all Claims as well as the entry of this Consent Decree ("Decree"). In order to avoid the costs of litigation, and as a result of having engaged in extensive negotiations, the parties have agreed that

I

_ FProecee ss,_ - -_-_-

.x. pldd--;-::=:
JCtRmDep _Doc. No_ __

this action should be finally resolved by entry of this Consent Decree. The parties stipulate to the jurisdiction of the Court and waive a hearing and the entry of
fmdings of fact and conclusions oflaw. This Consent Decree is entered in full and complete settlement of any and all claims
arising out of or contained in EEOC Charge No. 270-2004-00728, and Civil Action No. 051845. The Consent Decree constitutes a complete resolution of all claims that were made or could have been made by the Commission against Defendant in this action. IT IS ORDERED, ADJUDGED AND DECREED as follows:
INJUNCTIVE RELIEF 1. Defendant Jesolm, Inc., d/b/a Coffee &, Inc., its officers, agents, employees, and all
persons acting in concert with the Defendant shall not engage in any employment practice which has the purpose or effect of discriminating against any individual on the basis of pregnancy or any pregnancy related condition as prohibited by Title VII of the Civil Rights Act of 1964, as amended. 2. Defendant is permanently enjoined from making employment decisions on the basis of gender. 3. Defendant is pennanently enjoined from discriminating against and/or harassing any employee on the basis of pregnancy. 4. Defendant is pennanently enjoined from restricting pregnant employees from working as required by Title VII of the Civil Rights Act of 1964, as amended. 5. Defendant is pennanently enjoined from discriminating or retaliating in any manner against any individual because he or she has made a charge, testified, assisted, or participated in
2

any manner in the investigation by the Commission or court proceeding in cOllllection with this case.
INDIVIDUAL RELIEF
A. Defendant shall pay Stacy Stein a total of twenty-five thousand dollars ($25,000.00) to be allocated in the following manner: Three-thousand seven hundred dollars ($3700.00) as back wages; Twenty-one thousand, three hundred dollars ($21,300.00) as compensatory damages to be paid within thirty (30) days after entry of this Decree by the Court. Defendant will issue a United States Revenue Service Form 1099 to Stacy Stein for the amount of compensatory damages.
B. Defendant will forward a copy of the check issued to Stacy Stein to the EEOC, New Orleans Field Office, attention: Lillian Thornton.
C. Also, within (30) days of the entry of this Consent Decree, Defendant shall tender to Kelly Sarrio the sum of one thousand dollars ($1000.00) as damages, in exchange for a full release of all claims arising under the charge. Defendant further agrees to forward a copy ofthe check to EEOC, New Orleans Field Office, attention: Lillian Thornton.
COMPLAINT PROCEDURES A. Complaint Procedures. Defendant shall maintain a complaint procedure that is designed to encourage employees to come forward with complaints regarding sex discrimination andlor pregnancy discrimination and retaliation regardless of the position held by the alleged harasser. Defendant's complaint procedure shall provide the following: (i) simple, convenient, confidential and reliable mechanisms for reporting incidents of sex discrimination andlor pregnancy discrimination; (ii) prompt investigation of complaints of sex discrimination andlor
3

sex discrimination and/or pregnancy discrimination and/or retaliation; (iii) written findings of

the results of any investigation of a sex discrimination and/or pregnancy discrimination

complaint and the remedial actions proposed, if any; (iv) an effective means of promptly

communicating to the complaining party, in writing, the results of the investigation and the

remedial actions taken or proposed, or not taken; (v) appropriate remedial action to resolve the

complaint and to deter future incidents of sex discrimination and/or pregnancy discrimination

and/or retaliation; (vi) assurances that complainants shall not be subjected to intimidation,

harassment and/or retaliation; and (vii) it shall be impermissible retaliatory conduct to take any

form of adverse action against someone who makes a complaint of employment discrimination,

including but not limited to those specified, so long as the person who makes the complaint does

so in good faith from that person's perspective and (viii) the name and telephone nwnber of the

EEOC's Field Office. Defendant shall report compliance under this section.

B.

Defendant shall forward all verbal and/or written complaints of sex discrimination

and/or pregnancy discrimination and retaliation complaints to the Commission within five (5) to

seven (7) business days of receiving them. Defendant shall report compliance under this section.

C. Defendant agrees to keep aU records of pregnancy discrimination complaints made by

employees under Title VII for the three (3) year effective period of this Decree and agrees to

provide the EEOC, every six ( 6) months, with a written report setting forth all complaints of

pregnancy discrimination at its facilities. The reports should set forth an explanation of the

investigation and disposition of such complaints, and should have attached all docwnentation

pertaining to each complaint, its investigation, and its disposition.

4

ANTI-DISCRIMINATORY POLlCY Defendant agrees to implement, distribute and enforce an effective written policy and
procedure for preventing and investigating complaints of pregnancy discrimination. Defendant
also agrees to ensure that the Defendant's owners and management staff, particularly its managers and supervisors, have received a copy ofthe policy. Defendant shall provide to the Commission, within thirty (30) days ofthe entry of this Decree, a copy ofthe policy. The policy must, at a minimum, contain the following elements: A clear explanation of prohibited conduct; assurance that employees who make complaints of sex discrimination and/or pregnancy discrimination or provide infonnation related to such complaints will be protected against retaliation; a clearly described complaint process that provides accessible avenues of complaint; assurance that the employer will protect the confidentiality of sexual harassment complaints to the extent possible; a complaint process that provides a prompt, thorough, and impartial investigation, and assurance that the Defendant will take immediate and appropriate corrective action when it determines that discrimination has occurred. This policy, once created, will be distributed to all of Defendant's employees and management staff, and shall be included in any relevant policy or employee manuals kept by Defendant's business. The p'olicy will also be posted in a conspicuous and accessible place for all employees and printed in a font that is easily legible (at least 12 point font). This policy will be consistent with law and the Conunission's regulations and guidances.
PREGNANCY POLlCY Defendant's Pregnancy Policy is made a part of this document as follows and as an attachment Exhibit "A":
5

MATERNITY LEAVE POLICY Coffee & recognizes and respects a woman's right to continue to work while she is
pregnant. Coffee & also recognizes a woman's right to take maternity leave for the birth ofa
child. Coffee & will never impose adverse tenus and conditions of employment on an employee because she is working while pregnant or has decided to take or not take maternity leave. These rights are provided by both state and federal law. This company provides for Family and Medical Leave based on medical documentation. Our policy includes pregnancy as a disability that is provided for under the Family and Medical Leave Act. We acknowledge, though, that an ordinary pregnancy is not considered to he a disability as regards protections provided by another law, the Americans with Disabilities Act (ADA).
Coffee & does not encourage its employees to take Maternity Leave if they do not want to and Coffee & certainly never will require an employee to take a Maternity Leave when that employee learns she is pregnant. If an employee decides that she needs Maternity Leave, the employee should, where possible, give as much notice of the anticipated start date of the leave. The length of the Maternity Leave is governed by state and/or federal law and may vary depending on the difficulty associated with the birth. As per the Company's Family and Medical Leave Policy, if the employee has accrued paid leave, the employee must use paid leave (e.g. annual or sick leave) first as part of the maternity leave and take the remainder as unpaid leave Any questions concerning this policy should go to the Company's Human Resources Director at 504-366-6434.
Company policy prohibits retaliation against any person who continues at work after becoming pregnant. Company policy also prohibits retaliation against any person who requests or
6

takes maternity leave under this policy. The company's general policy of opposing discriminatory employment practices is contained in a poster that is placed in each of our stores. If you are not able to locate that poster, please immediately infonn the Company's Human Resource Office. The Policy will be posted in a conspicuous and accessible place for all employees and printed in a font that is easily legible (at least 11 point font).

TRAINING

A.

Defendant will provide extensive training, semi-annually, to all of its current managers,

manager-trainees, supervisors, and owners on compliance with Title VII of the Civil Rights Act

of 1964, as amended, and specifically pregnancy discrimination and its prohibitions for the

duration of this Consent Decree; and

B.

Specifically, Defendant will train its managers and supervisors and owners on their

responsibility to adhere to the prohibitions of pregnancy discrimination as defined by Title VII

of the Civil Rights Act of 1964, as amended, against subjecting its employees to all fonns of acts

of harassment which are designed to force an employee to resign or retire from their position

because of pregnancy.

C,

Defendant shall notifY the Commission about each training session prior to its

commencement. The notice shall indicate the time, place and date of the training.

POSTING REOUIREMENT

Within fourteen (14) business days after entry of this Decree, Defendant shall post

copies of the Notice attached as Exhibit "B" to this Decree at all its Louisiana facilities in

conspicuous locations easily accessible to and commonly frequented by employees. The Notice

7

shall remain posted for the duration of this Decree. Defendant shall ensure that the postings are not altered, defaced or covered by any other material. Defendant shall certify to the EEOC in writing within Fourteen (14) business days after entry of the Decree that the Notices have been properly posted. Defendant shall pennit a representative of EEOC to enter its premises for purposes of verifying compliance with this Paragraph at any time during normal business hours.
REPORTING REOUIREMENTS The Defendant shall prepare a report within three months of the signing of this Decree that shall contain the following provisions:
a. Copies of all checks disbursed under this Decree and verification that the checks have cleared.
b. Notification that the training of its managers and owners has taken place or is scheduled to take place per section C of the "Training" provision of this decree.
c. Notification of whether or not the Defendant has received any complaints of discrimination per sections "B" and "C" of the "Complaint Procedures" provision of this decree.
CONSENT DECREE ENFORCEMENT A. In the event that Defendant fails to perfonn its obligations herein, Plaintiff, EEOC is empowered to enforce this Consent Decree through the applicable judicial enforcement procedures and to seek sanctions which may be due as a result of the need to enforce this Decree. B. Any attempt by the Defendant to recoup any part of money paid out to any party under this agreement shall be a violation of this Decree and subject to appropriate sanctions by the Court. C. Should any provision of this Decree be declared or be detennined by any Court to be
8

illegal or invalid, the validity ofthe remaining parts, terms or provisions shall not be affected

thereby and said illegal or invalid part, term or provision shall be deemed not to be a part ofthis

Decree.

D. This Decree sets forth the entire agreement between the Commission and Defendant as to

captioned lawsuit, and fully supercedes any and all prior agreements or understandings between

the Commission and Defendant pertaining to the subject matter herein.

E. The Commission and the Defendant will bear their own attorney's fees and costs

incurred in connection with the litigation ofthis case,

F. This Decree shall remain in effect for a period of three (3) years from the date ofits

execution. The Commission shall have six (6) months from the end of the effective period of

this Decree to commence enforcement actions relative to any violation hereof by Defendant.

Defendant agrees to post a Notice to Employees regarding the resolution ofthis suit for the thIee

(3) year term of this Consent Decree. The Notice to Employees is attached hereto as Exhibit B.
o. This Court shall retain jurisdiction of this action for purposes of enforcing this Decree, as

appropriate.

IT IS SO ORDERED.
THUS DONE AND SIGNED, Meh) crleMA
this I .~."..".. day of ~1l! Poe ,2006.

, Louisiana

UNITED STATES DISTRICT JUDGE

9

APPROVED AS TO FORM AND CONTENT: FOR THE PLAINTIFF:

FOR THE PLAINTIFF:

FOR THE DEFENDANT

J MESS HER
egional Attorney
. S. Equal Employment Opportunity
ommission
~Ih,~·
OLILLIAN M. THORNTON Senior Trial Attorney Bar Roll No. 25525 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans Field Office 1555 Poydras St., Suite 1900 New Orleans, Louisiana 70112 Telephone (504) 589-6817 Date:

(#02154)

McCranie

Anzelmo Hardy

Maxwell & McDaniel PC

3445 N. Causeway Blvd., Suite 800

Metairie, La 70002

Telephone: 504-846-8427

Facsimile: 504-831-2492

and

Attorney at Law
14108 River Road Destrehan, Louisiana 70047 Telephone: (985) 764-8709 Fa.csimile: (985) 764-8739

10

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Motion to Approve the Consent Decree has bee~ served upon all counsel of record by depositing same in U.S. mail, postage prepaid, this ~=L,-_ day ofAugust, 2006.

EXHIBIT A
MATERNITY LEAVE POLICY
Coffee & recognizes and respects a woman's right to continue to work while she is pregnant. Coffee & also recognizes a woman's right to take maternity leave for the birth of a child. Coffee & will never impose adverse tenus and conditions of employment on an employee because she is working while pregnant or has decided to take or not take maternity leave. These rights are provided by both state and federal law. This company provides for Family and Medical Leave based on medical documentation. Our policy includes pregnancy as a disability that is provided for under the Family and Medical Leave Act. We acknowledge, though, that an
ordinary pregnancy is not considered to be a disability as regards protections provided by another
law, the Americans with Disabilities Act (ADA). Coffee & does not encourage its employees to take Maternity Leave if they do not want to and Coffee & certainly never will require an employee to take a Maternity Leave when that employee learns she is'pregnant. If an employee decides that she needs Maternity Leave, the employee should, where possible, give as much notice of the anticipated start date of the leave. The length of the Maternity Leave is governed by state and/or federal law and may vary depending on the difficulty associated with the birth. As per the Company's Family and Medical Leave Policy, if the employee has accrued paid leave, the employee must use paid leave (e.g. annual or sick leave) first as part ofthe maternity leave and take the remainder as unpaid leave Any questions concerning this policy should go to the Company's Human Resources Director at 504-366-6434.
Company policy prohibits retaliation against any person who continues at work after becoming pregnant. Company policy also prohibits retaliation against any person who requests or takes maternity leave under this policy. The company's general policy of opposing discriminatory employment practices is contained in a poster that is placed in each of our stores. If you are not able to locate that poster, please immediately inform the Company's Human Resource Office. The Policy will be posted in a conspicuous and accessible place for all employees and printed in a font that is easily legible (at least 11 point font).

EXHIEIT B

EMPLOYEE NOTICE
Posted Pursuant to an Agreement between
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans Field Office and COFFEE &, INC.

This Notice to all employees of COFFEE &, INC. of is being posted as part of a mutually agreed selllement between Coffee &, Inc. and the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC).

Federal law requires that there be no discrimination against any employee or applicant for employment because ofthe employee's race, color, religion, sex, national origin, age (40 or over) or disability with respect to compensation, hiring, promotion, firing, or other terms, conditions or privileges of employment.

Coffee &, Inc. supports and will comply with such Federal law in all respects and will not take any action against present or former employees and applicants because they have exercised their rights under the law by filing charges with the Equal Employment Opportunity Commission, or protesting practices made illegal under the law.

Coffee &, Inc. will not retaliate against employees, because they have filed charges of discrimination, by providing adverse job references to prospective employers that the applicant had filed charges of discrimination with the Equal Employment Opportunity Commission.
'.
This Notice will remain posted for one year from the date of signature by directions of the Equal Employment Opportunity Commission.

Signed this _ day of

2006.

For: COFFEE &, INC.

Questions concerning this notice may be ad,

Vl.WAtlpl-P OT~/N~ Equal Employment Opportunity Commi 1555 Poydras Street, Suite 1900

New Orleans, LA 70112 Telephone (504) 589-2329

"* ~l~1> !3Vrltd-- CAt-

e~ loc;ro~-

M~

 </s> LAED CM/ECF - Live - Docket Report

https://ecf.laed.uscourts.gov/cgi-bin/DktRpt.pl?253140313104171-L_3...

2000E, CLOSED
U. S. District Court Eastern District of Louisiana (New Orleans) CIVIL DOCKET FOR CASE #: 2:05-cv-01845-HGB-KWR

U.S. Equal Employment Opportunity Commission v. Jesohn, Inc. Date Filed: 05/12/2005

Assigned to: Chief Judge Helen G. Berrigan

Date Terminated: 05/24/2006

Referred to: Magistrate Judge Karen Wells Roby

Jury Demand: Defendant

Cause: 42:2000e Job Discrimination (Employment)

Nature of Suit: 442 Civil Rights: Jobs

Jurisdiction: U.S. Government Plaintiff

Plaintiff
U.S. Equal Employment Opportunity Commission

represented by Lillian M. Thornton Lillian M. Thornton, Attorney at Law 48 Heritage Lane New Orleans, LA 70114 504-263-2346 Email: lillianmt@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Erania Ebron Equal Employment Opportunity Commission New Orleans District Office 701 Loyola Ave. Suite 600 New Orleans, LA 70113 (504) 589-6817 Email: erania.ebron@eeoc.gov

Keith T. Hill Equal Employment Opportunity Commission New Orleans District Office 701 Loyola Ave. Suite 600 New Orleans, LA 70113 (504) 589-6817

Michelle T. Butler Equal Employment Opportunity Commission New Orleans District Office 1555 Poydras St. Suite 1900 New Orleans, LA 70112 (504) 595-2872

1 of 4

5/29/2007 1:06 PM

LAED CM/ECF - Live - Docket Report

https://ecf.laed.uscourts.gov/cgi-bin/DktRpt.pl?253140313104171-L_3...

V.
Defendant
Jesohn, Inc. doing business as Coffee &

Email: michelle.butler@eeoc.gov
represented by Michael Thomas Tusa, Jr. McCranie, Sistrunk, Anzelmo, Hardy, Maxwell & McDaniel 3445 N. Causeway Blvd. Suite 800 Metairie, LA 70002 (504) 831-0946 Email: mtusa@mcsalaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andre Jude Lagarde McCranie, Sistrunk, Anzelmo, Hardy, Maxwell & McDaniel 3445 N. Causeway Blvd. Suite 800 Metairie, LA 70002 (504) 831-0946 Email: ajl@mcsalaw.com
Michael S. Weinberg Michael S. Weinberg, Attorney at Law 14108 River Rd. P. O. Box 713 Destrehan, LA 70047 985-764-8709 ATTORNEY TO BE NOTICED

Date Filed 05/12/2005 05/12/2005 06/29/2005 08/11/2005
11/08/2005

#

Docket Text

1 COMPLAINT against Jesohn, Inc. filed by U.S. Equal Employment Opportunity Commission.(plh, ) (Entered: 05/19/2005)
2 Summons Issued as to Jesohn, Inc.. (plh, ) (Entered: 05/19/2005)
3 ANSWER to Complaint with Jury Demand by Defendant Jesohn, Inc..(plh, ) (Entered: 07/05/2005)
4 ORDER Scheduling Conference set for 9/15/2005 01:30 PM before Magistrate Roby. Signed by Judge Karen Wells Roby on 8/10/05.(plh, ) (Entered: 08/11/2005)
5 Rule 16/Preliminary Scheduling Conference set for 9/15/05 is RESCHEDULED for 2/21/2006 01:30 PM. Signed by Judge Karen Wells Roby on 11/7/05.(dno, )

2 of 4

5/29/2007 1:06 PM

LAED CM/ECF - Live - Docket Report

https://ecf.laed.uscourts.gov/cgi-bin/DktRpt.pl?253140313104171-L_3...

01/03/2006 01/05/2006 01/06/2006 01/09/2006 01/10/2006
02/15/2006 02/21/2006 02/21/2006 03/03/2006 03/17/2006 03/30/2006 04/24/2006
05/09/2006 05/12/2006

(Entered: 11/09/2005)
6 MOTION to Dismiss Plaintiff's Request to Proceed as a Class and Plaintiff's Class Wide Allegations by Jesohn, Inc. Motion Hearing set for 1/18/2006 09:30 AM before Chief Judge Helen G. Berrigan. (plh, ) (Entered: 01/03/2006)
7 MOTION to Substitute Attorney. Attorney Lillian M. Thornton to be substituted in place of Erania Ebron Martin as Lead Attorney by U.S. Equal Employment Opportunity Commission. (plh, ) (Entered: 01/10/2006)
9 MOTION to Withdraw Document re 6 MOTION to Dismiss Plaintiff's Request to Proceed as a Class and Plaintiff's Class Wide Allegations by Jesohn, Inc.. (plh, ) (Entered: 01/11/2006)
8 ORDER granting 7 Motion to Substitute Attorney. Signed by Judge Helen G. Berrigan on 1/6/06. (plh, ) (Entered: 01/10/2006)
10 ORDER granting 9 MOTION to Withdraw Document re 6 MOTION to Dismiss Plaintiff's Request to Proceed as a Class and Plaintiff's Class Wide Allegations filed by Jesohn, Inc. Signed by Judge Helen G. Berrigan on 1/10/06.(plh, ) (Entered: 01/11/2006)
11 Federal Rules of Civil Procedure 26(f) Report by U.S. Equal Employment Opportunity Commission. (plh, ) (Entered: 02/16/2006)
12 Notice of 636(c) Non-Consent to Proceed Before a Magistrate Judge . Signed by Judge Karen Wells Roby on 2/21/06.(plh, ) (Entered: 02/22/2006)
13 ORDER Settlement Conference set for 4/24/2006 10:00 AM before Magistrate Judge Karen Wells Roby. Signed by Judge Karen Wells Roby on 2/21/06.(plh, ) (Entered: 02/22/2006)
14 Order Vacating Case Referral to Magistrate Judge. Signed by Judge Helen G. Berrigan on 3/3/06.(blg, ) (Entered: 03/08/2006)
15 NOTICE of Hearing. Scheduling Conference set for 3/30/2006 10:30 AM before courtroom deputy by telephone, by Clerk. (kac, ) (Entered: 03/17/2006)
16 ORDER Telephone Preliminary Conference CONTINUED to 5/9/2006 10:15 AM if necessary. Signed by Judge Helen G. Berrigan on 3/30/06.(plh, ) (Entered: 04/04/2006)
17 Minute Entry for proceedings held before Judge Karen Wells Roby : Settlement Conference held on 4/24/2006. Negotiations are continuing and counsel shall contact the undersigned during the first week in May. (car, ) (Entered: 04/26/2006)
18 ORDER Telephone Preliminary Conference reset for 5/18/2006 10:15 AM before courtroom deputy . Signed by Judge Helen G. Berrigan on 5/9/06.(plh, ) (Entered: 05/09/2006)
19 ORDER Telephone Preliminary Conference reset for 5/23/2006 10:15 AM before courtroom deputy . Signed by Judge Helen G. Berrigan on 5/12/06.(plh, ) (Entered: 05/12/2006)

3 of 4

5/29/2007 1:06 PM

LAED CM/ECF - Live - Docket Report

https://ecf.laed.uscourts.gov/cgi-bin/DktRpt.pl?253140313104171-L_3...

05/19/2006
05/24/2006 08/31/2006 09/06/2006

20 ORDER Telephone Preliminary Conference reset for 5/25/2006 09:30 AM before courtroom deputy . Signed by Judge Helen G. Berrigan on 5/18/06.(plh, ) (Entered: 05/22/2006)
21 ORDER DISMISSING CASE. Signed by Judge Helen G. Berrigan on 5/24/06.(plh, ) (Entered: 05/25/2006)
22 EXPARTE/CONSENT MOTION to Approve Consent Decree by U.S. Equal Employment Opportunity Commission. (plh, ) (Entered: 09/08/2006)
23 CONSENT DECREE . Signed by Judge Helen G. Berrigan on 9/1/06. (Attachments: # 1 Exhibit)(plh, ) (Entered: 09/08/2006)

PACER Service Center

Transaction Receipt

05/29/2007 13:07:22

PACER Login:

hs0328

Client Code:

eeoc

Description:

Docket Report

Search Criteria:

2:05-cv-01845-HGB-KWR

Billable Pages:

2

Cost:

0.16

4 of 4

5/29/2007 1:06 PM


[CONTENT] May 2005 | the New Orleans District Office | EEOC | Jesohn, Inc. | the U.S. District Court | the Eastern District | Title VII of the Civil Rights Act | 1964 |||  |||  ||| April 2006 | a few months later in September ||| three-year | Title VII | EEOC ||| 26,000 | two ||| 2009 [SUMMARY] In May 2005, the New Orleans District Office of the EEOC brought this suit against Jesohn, Inc., d/b/a Coffee &, Inc., in the U.S. District Court for the Eastern District of Louisiana alleging discrimination on the basis of sex and pregnancy in violation of Title VII of the Civil Rights Act of 1964.  Specifically, the defendant discharged the charging party, a female employee, and other similarly situated individuals when it discovered the women were pregnant.  The defendant also had a written policy that required female employees to take a leave of absence as soon as they discovered they were pregnant.  After some scheduling orders, the parties participated in a settlement conference in April 2006 and reached a final settlement a few months later in September through a consent decree. 

The three-year decree contained non-discrimination and non-retaliation clauses and required the defendant to: develop an anti-discrimination policy and compliant procedure, distribute and post the policy, provide semi-annual Title VII training for its managerial employees and owners, post a notice of the decree, and report to the EEOC at specified intervals.  In addition, the defendant agreed to pay $26,000 to be divided between two individuals.  

The docket sheet does not show any further enforcement took place; the case was presumably closed in 2009.