uvU EAST~~~~~~e~~SAS

IN THE UNITED STATES DISTRICT COURT

MAR 28 Z003

FOR THE EASTERN DISTRICT OF ARKANSASJAMES W M COR

PINE BLUFF DIVISION

B y : · C MACK, CLERI

DEP CtERI

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

) )

tv {} CIVIL ACTION NO. S.'() 3

/;<;JStJ)lJ-

v.

)

)

INTERNATIONAL PAPER COMPANY

)

COMPLAINT

Defendant

)

Jury Demand

.

~ ~i!u~ This case assigned to District

) and to Magistrate Judge l J ! ] Q - _ -

NATURE OF THE ACTION

This is an action under the Age Discrimination in Employment Act to correct unlawful

employment practices on the basis of age and to provide appropriate relief to Jerry Stinnett, Terry

Rothwell, Gerald Billingsley, and other applicants in their 50's. The Commission alleges that on

or about November of 2000, International Paper Company refused to hire Jerry Stinnett, then age

53, Terry Rothweli, then age 57, and Gerald Billingsley, then age 58, and other qualified

applicants in their 50's because of their age.

JURISDICTION AND VENUE

I. 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 7(b) of the Age

Discrimination in Employment Act of 1967, as amended, 29 U.S.c. § 626(b) (the "ADEN),

which incorporates by reference Sections 16(c) and 17 of the Fair Labor Standards Act of 1938

(the "FLSA"), as amended, 29 U.S.C. §§216(c) and 217.

2. The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the Eastern District of Arkansas, Pine Bluff Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of the ADEA and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), as amended by Section 2 of Reorganization Plan No. I of 1978,92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 4. At all relevant times, Defendant, International Paper Company (the "Employer"), has continuously been doing business in the State of Arkansas and the city of Pine Bluff and has continuously had at least 20 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections II (b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630(b), (g) and (h).
CaNCILlATION 6. Prior to institution of this lawsuit, the Commission's representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with the ADEA through informal methods of conciliation, conference and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
2

STATEMENT OF CLAIMS

7. More than thirty (30) days prior to the institution of this lawsuit, Jerry Stinnett,

Terry Rothwell, and Gerald Billingsley filed charges of discrimination with the Commission

alleging violations of the ADEA by Defendant Employer. All conditions precedent to the

institution ofthis lawsuit have been fulfilled.

8.

On Of about November of2000, Defendant Employer engaged in unlawful

employment practices at its Pine Blufflocation, in violation of the ADEA, 29 U.S.C. § 623

(a)(I). These practices included refusing to hire Jerry Stinnett, Terry Rothwell, Gerald

Billingsley, and other qualified applicants in their 50's because oftheir age.

9. Jerry Stinnett, Terry Rothwell, Gerald Billingsley, and other qualified employees

in their 50's were employed as General Mechanics at defendant's Camden Arkansas facility.

When the Camden facility was closing, the General Mechanics, by agreement with the Union,

could apply for General Mechanic positions at defendant's other facilities.

10.

Jerry Stinnett, Terry Rothwell, Gerald Billingsley, and other General Mechanics

applied for General Mechanic positions at defendant's Pine Blufffacility. Defendant failed to

hire Jerry Stinnett, Terry Rothwell, Gerald Billingsley and other qualified General Mechanics in

their 50's.

I!. The effect ofthe practices complained of in paragraph(s) 8 above has been to

deprive Jerry Stinnett, Terry RothweJl, Gerald Billingsley, and other qualified applicants in their

50's of equal employment opportunities and otherwise adversely affect their status as employees,

because of their age.

12. The unlawful employment practices complained of in paragraph 8 above were

3

[and are] willful within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in termination and any other employment practice which discriminates on the basis of age against individuals 40 years of age and older. B. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for individuals 40 years of age and older, and which eradicate the effects of its past and present unlawful employment practices. C. Grant a judgment requiring Defendant Employer to pay appropriate back wages in an amount to be determined at trial, an equal sum as liquidated damages, and prejudgment interest to individuals whose wages are being unlawfully withheld as a result of the acts complained of above, including but not limited to Jerry Stinnett, Terry Rothwell, Gerald Billingsley, and other qualified applicants in their 50's who were not hired because of their age. D. Order Defendant Employer to make whole all individuals adversely affected by the unlawful practices described above, by providing the affirmative relief necessary to eradicate the effects of its unlawful practices, including but not limited to backpay with interest from the date of Defendant Employer's refusal to hire Jerry Stinnett, Terry Rothwell, Gerald Billingsley, and other qualified applicants in their 50's; life insurance; 40lK benefits and other benefits; rightful-place hiring; and/or front pay.
4

E. interest.
F.

Grant such further relief as the Court deems necessary and proper in the public Award the Commission its costs of this action.

JURY TRIAL DEMAND
The Commission requests a jury trial on all questions offact raised by its complaint.
NICHOLAS INZEO Acting Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
J}H~~~~

. CASH,JR. Senior Trial Attorney AR~8081
IUL~
PAMELA B. DIXON Senior Trial Attorney AR# 95085
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Little Rock Area Office 820 Louisiana, Suite 200 Little Rock, Arkansas 7220 I Telephone: (501) 324-5539
(501) 324-5065
5

 </s> suJ

F I l E n FIONRTTHHEEUENAISTTEEDRSNTDAITSETSRDICISTTORFICATRCKOANUSRAT~ST~R1/2!~Wg~~T

PINE BLUFF DIVISION

H'Ay 2 ' NSAS

M 0 2UUJ

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
INTERNATIONAL PAPER COMPANY

) )

BJyA:MESW,cMCORMACK, CLERK

)

DEP CLERK

)

)

CIVIL ACTION NO.

)

5:03CV0122SWW

)

)

AMENDED COMPLAINT

)

Jury Demand

)

Defendant

)

)

NATURE OF THE ACTION

This is an action under the Age Discrimination in Employment Act to correct unlawful

employment practices on the basis of age and to provide appropriate relief to Jerry Stinnett, Terry

Rothwell, Gerald Billingsley, and other applicants in their 50's and above. The Commission

alleges that on or about November of2000, International Paper Company refused to hire Jerry

Stinnett, then age 53, Terry Rothwell, then age 57, and Gerald Billingsley, then age 58, and other

qualified applicants in their 50's and above because of their age.

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 7(b) of the Age

Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(b) (the "ADEA"),

which incorporates by reference Sections 16(c) and 17 of the Fair Labor Standards Act of 1938

(the "FLSA"), as amended, 29 U.S.c. §§216(c) and 217.

2. The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the Eastern District of Arkansas, Pine Bluff Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of the ADEA and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), as amended by Section 2 of Reorganization Plan No.1 of 1978,92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 4. At all relevant times, Defendant, International Paper Company (the "Employer"), has continuously been doing business in the State of Arkansas and the city of Pine Bluff and has continuously had at least 20 employees.
5. At all relevant times, Defendant Employer has continuously been an employer
engaged in an industry affecting commerce within the meaning of Sections II (b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630(b), (g) and (h).
CONCILIATION 6. Prior to institution of this lawsuit, the Commission's representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with the ADEA through informal methods of conciliation, conference and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.c. § 626(b).
2

STATEMENT OF CLAIMS

7. More than thirty (30) days prior to the institution of this lawsuit, Jerry Stinnett,

Terry Rothwell, and Gerald Billingsley filed charges of discrimination with the Commission

alleging violations of the ADEA by Defendant Employer. All conditions precedent to the

institution of this lawsuit have been fulfilled.

8.

On or about November of2000, Defendant Employer engaged in unlawful

employment practices at its Pine Bluff location, in violation of the ADEA, 29 U.S.C. § 623

(a)(l). These practices included refusing to hire Jerry Stinnett, Terry Rothwell, Gerald

Billingsley, and other qualified applicants in their 50's and above because of their age.

9. Jerry Stinnett, Terry Rothwell, Gerald Billingsley, and other qualified employees

in their 50's and above were employed as General Mechanics at defendant's Camden Arkansas

facility. When the Camden facility was closing, the General Mechanics, by agreement with the

Union, could apply for General Mechanic positions at defendant's other facilities.

10. Jerry Stinnett, Terry Rothwell, Gerald Billingsley, and other General Mechanics

applied for General Mechanic positions at defendant's Pine Bluff facility. Defendant failed to

hire Jerry Stinnett, Terry Rothwell, Gerald Billingsley and other qualified General Mechanics in

their 50's and above.

11. The effect of the practices complained of in paragraph(s) 8 above has been to

deprive Jerry Stinnett, Terry Rothwell, Gerald Billingsley, and other qualified applicants in their

50's and above of equal employment opportunities and otherwise adversely affect their status as

employees, because of their age.

12. The unlawful employment practices complained of in paragraph 8 above were

3

[and are] willful within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in termination and any other employment practice which discriminates on the basis of age against individuals 40 years of age and older. B. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for individuals 40 years of age and older, and which eradicate the effects of its past and present unlawful employment practices. C. Grant a judgment requiring Defendant Employer to pay appropriate back wages in an amount to be determined at trial, an equal sum as liquidated damages, and prejUdgment interest to individuals whose wages are being unlawfully withheld as a result of the acts complained of above, including but not limited to Jerry Stinnett, Terry Rothwell, Gerald Billingsley, and other qualified applicants in their 50's and above who were not hired because of their age. D. Order Defendant Employer to make whole all individuals adversely affected by the unlawful practices described above, by providing the affirmative relief necessary to eradicate the effects of its unlawful practices, including but not limited to backpay with interest from the date of Defendant Employer's refusal to hire Jerry Stinnett, Terry Rothwell, Gerald Billingsley, and other qualified applicants in their 50's and above; life insurance; 40 IK benefits and other
4

benefits; rightful-place hiring; andlor front pay. E. Grant such further relief as the Court deems necessary and proper in the public
interest. F. Award the Commission its costs of this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
NICHOLAS INZEO Acting Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
K~ 0J I<~ (Jl{)
. ASH,JR. Senior Trial Attorney AR#8~1 ~
~ 8()&-=-
PAMELA B. DIXON Senior Trial Attorney AR# 95085 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Little Rock Area Office 820 Louisiana, Suite 200 Little Rock, Arkansas 72201 Telephone: (501) 324-5065
5

 </s> •

CO~;~- IN THE UNITED STATES DISTRICT U,EU~I~PuRl -·'-11
FOR THE EASTERN DISTRICT OF ARKANS~TERN DISTRICT ARKANSAS ::

PINE BLUFF DIVISION

OCT 0 9 2003

'

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. INTERNATIONAL PAPER COMPANY
Defendant

) ) )

~~~~ E~e~M~AC'KE... CRLE.•tK~

)

)

CIVIL ACTION NO.

)

5:03CV0122SWW

)

)

)

)

----------------------------)

CONSENT DECREE This civil action was instituted by the Equal Employment Opportunity Commission (the "Commission") against International Paper Company, pursuant to Section (b) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.c. section 621, el seq. (the "ADEA"), which incorporates by reference §§ 16(c) and 217, to remedy the unlawful employment practices alleged in the Amended Complaint filed on May 20, 2003. The Amended Complaint alleged that International Paper Company refused to hire Jerry Stinnett, Terry Rothwell, Gerald Billingsley, and certain other applicants in their 50's and above at its Pine Bluff, Arkansas facility because of their age. The Commission and International Paper Company have agreed to this Consenl Decree to settle all of the claims involved in this lawsuit. This Consent Decree does nol constitute an admission by the Defendant ofthe allegations in the Amended Complaint Defendant maintains that the actions of its officials were proper and lawful in all regard,.

•
The parties to this action desire to avoid the additional expense and delay in the litigation of this case.
In the event this Consent Decree is not approved or does not become final, it shall not be admissible in evidence in any subsequent proceeding in this action.
The Court has reviewed the tenns ofthis Consent Decree in light of the applicable laws and regulations and the representations of counsel for all parties and herby approves the Consent Decree.
It is hereby ORDERED, ADJUDGED AND DECREED: I. JURISDICTION
The United States District Court for the Eastern District of Arkansas, Pine Bluff Division, has jurisdiction over the parties and the subject matter of this litigation and will retain jurisdiction over this Decree for the purposes of enforcement and dispute resolution.
II. SCOPE OF DECREE A. This Consent Decree resolves all issue and claims arising out of the Commission's Complaint in this case, Civil Action No. 5:03CYOI22SWW, alleging unlawful employment practices by Defendant based on Charge No. 251-A 1-0926 filed by Jerry Stinnett, Charge No. 251-AI-0710 filed by Terry Rothwell, and Charge No. 251AI-0706 filed by Gerald Billingsley. This Consent Decree shall not be considered in any manner to be dispositive of any other charge which is or may be pending before any office of the Commission other than Charge Nos. 251-A 1-0926, 251-AI-0710 and 251AI-0706.
2

B. The provisions ofthis Consent Decree shall be effective and binding upon the parties to this action until December 31, 2004.
III. INJUNCTIVE RELIEF Defendant, its officers and agents are hereby enjoined from discriminating against any applicant with respect to hiring at its Pine Bluff facility because of such individual's age, in violation of the Age Discrimination in Employment Act.
IV. INDIVIDUAL RELIEF Defendant has entered into individual Settlement Agreements and Releases ("Settlement Agreements") with each of the six applicants whom the EEOC alleges were discriminated against on the basis of their ages: Jerry Stinnett, Terry Rothwell, Gerald Billingsley, Stephen Capps, Ronald Riggs and Larry Ward ("Applicants"). The Settlement Agreements, which provide for back pay to the Applicants totaling $260,000, as well as other specific, individual benefits for certain Applicants, with a present value totaling approximately $155,000, are incorporated herein by reference. Defendant, the EEOC and the Applicants are hereby ORDERED to comply with the terms of the Settlement Agreements as if they were set forth in full in this Order.
V. TRAINING Within six months of entry of this Decree, Defendant shall conduct training for its management staff in Pine Bluff, Arkansas, regarding the requirements of the ADEA and the prevention of age discrimination in the work place. Defendant shall provide the Commission with a syllabus ofthe training, the dates presented, and the Curriculum Vitae of the presenter.
3

VI. COSTS

Each of the parties shall bear its own costs and attorneys fees.

L IT IS SO ORDERED THIS

~
DAY OF

~

2003.

~~
U.S. DISTRICT JUDGE

FOR THE COMMISSION:

McGuire oods, LLP One James Center 90I East Cary Street Richmond, VA 23210-4030
~Wtr4,!#~ CAROLYN WITHERSPO N Cross, Gunter, Witherspoon, Ga1chus, P.c. 500 East Markham, Ste. 200 Little Rock, AR 72201

ERIC S. DRIEBAND General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
jJl;~t~ £tiJ
TERRY CK Acting Regional Attorney Equal Employment Opportunity Commission Memphis District Office 1407 Union Avenue, Suite 621 Memphis, TN 38104

JOYCE MARGULIES International Paper Company
THIS DOCUMENT ENTERED ON '~::;'>"T C'"r:'!::T IN COMPLIANC'
o~'I~Ol4laJ'~~/O~C!

~tu~
PAMELA B. DIXON Senior Trial Attorney
4

AR No. 95085 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Little Rock Area Office 820 Louisiana, Suite 200 Little Rock, Arkansas 72201 Telephone: (SOl) 324-5065
5

NOTICE I. Federal law prohibits an employer from discriminating against applicants for
employment on the basis of their age in violation of the Age Discrimination in Employment Act (ADEA). 2. International Paper supports and will comply with such Federal laws in all respects. International Paper will not discriminate against applicants for employment on the basis of age. 3. The posting ofthis Notice by International Paper Company does not constitute an admission by International Paper Company of any liability under Federal law. 4. This Notice shall be posted by International Paper Company at its Pine Bluff, Arkansas mill until December 31, 2004.
INTERNATIONAL PAPER COMPANY DATE
6

bt UNITED STATES DISTRICT COURT Eastern District of Arkansas
U.S. Court House 600 West Capitol, Suite 402 Little Rock, Arkansas 72201-3325
October 10, 2003
* * MAILING CERTIFICATE OF CLERK * *
Re: 5:03-cv-00122.
True and correct copies of the attached were mailed by the clerk to the following:
Katharine W. Kores, Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104
Terry Beck, Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104
William A. Cash Jr., Esq. Equal Employment Opportunity Commission 425 West Capitol Avenue Suite 625 Little Rock, AR 72201
Pamela B. Dixon, Esq. Equal Employment Opportunity Commission 425 West Capitol Avenue Suite 625 Little Rock, AR 72201
Carolyn B. Witherspoon, Esq. Cross, Gunter, Witherspoon & Galchus, P.C. 500 President Clinton Avenue, Suite 200 Post Office Box 3178 Little Rock, AR 72203-3178
press, PB post

Date:

10/10/03

James W. McCormack, Clerk BTyree
BY:

 </s> CM/ECF - ARED - LIVE - Docket Report

https://ecf.ared.uscourts.gov/cgi-bin/DktRpt.pl?118672321870846-L_3...

U.S. District Court Eastern District of Arkansas (Pine Bluff) CIVIL DOCKET FOR CASE #: 5:03-cv-00122-SWW

JFF, TERMED

EEOC v. International Paper Assigned to: Judge Susan Webber Wright Demand: $0 Cause: 28:451 Employment Discrimination Plaintiff Equal Employment Opportunity Commission
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Date Filed: 03/28/2003 Date Terminated: 10/09/2003 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Plaintiff
represented by Katharine W. Kores Equal Employment Opportunity Commission - Memphis 1407 Union Avenue Suite 621 Memphis, TN 38104 (901) 544-0135 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Pamela B. Dixon Equal Employment Opportunity Commission - Little Rock 820 Louisiana Street Suite 200 Little Rock, AR 72201 (501) 324-5065 Email: pamela.dixon@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terry Beck Equal Employment Opportunity Commission - Memphis 1407 Union Avenue Suite 621 Memphis, TN 38104 (901) 544-0138 Email: terry.beck@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
William A. Cash, Jr. Equal Employment Opportunity Commission - Little Rock 820 Louisiana Street
6/13/2007 12:11 PM

CM/ECF - ARED - LIVE - Docket Report

https://ecf.ared.uscourts.gov/cgi-bin/DktRpt.pl?118672321870846-L_3...

V. Defendant International Paper Company

Suite 200 Little Rock, AR 72201 (501) 324-5539 Email: william.cash@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carolyn B. Witherspoon Cross, Gunter, Witherspoon & Galchus, P.C. - Little Rock Post Office Box 3178 Little Rock, AR 72203-3178 (501) 371-9999 Email: cspoon@cgwg.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/28/2003 05/05/2003 05/15/2003 05/15/2003
05/20/2003 06/02/2003 06/03/2003
06/04/2003
06/11/2003

#

Docket Text

1 COMPLAINT with jury demand, no summons issued (bkj) (Entered: 03/28/2003)
2 WAIVER OF SERVICE OF SUMMONS upon defendant International Paper by serving attorney Michele L Settle on 4/25/03 (bkj) (Entered: 05/05/2003)
3 MOTION by plaintiff to amend complaint (bkj) (Entered: 05/16/2003)
4 ORDER by Chief Judge Susan W. Wright granting pltf's motion to amend [3-1]; pltf is given 10 days from the date of this Order to file its amended complt (cc: all counsel) (vjt) (Entered: 05/16/2003)
5 AMENDED complaint, with jury demand [1-1] by plaintiff (bkj) (Entered: 05/20/2003)
6 UNOPPOSED MOTION by deft to extend time to answer pltf's amended complt (vjt) (Entered: 06/03/2003)
7 ORDER by Chief Judge Susan W. Wright granting deft's motion to extend time until 7/27/03 to answer pltf's amended complt [6-1] (cc: all counsel) (vjt) (Entered: 06/04/2003)
8 INITIAL SCHEDULING ORDER (DOC); Rule 26(f) conference to be held on 8/7/03; Rule 26(f) report due 8/21/03; Rule 16(b) conference (if needed) will be held on 8/27/03 @ 1:00 p.m.; proposed trial date set for 5/17/04; Final Scheduling Order will be issued on or before 8/29/03 (cc: all counsel) (vjt) (Entered: 06/04/2003)
9 WAIVER OF SERVICE OF SUMMONS upon defendant International Paper on 6/4/03 (bkj) (Entered: 06/11/2003)

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6/13/2007 12:11 PM

CM/ECF - ARED - LIVE - Docket Report

https://ecf.ared.uscourts.gov/cgi-bin/DktRpt.pl?118672321870846-L_3...

07/22/2003 07/25/2003 10/09/2003
10/30/2003

10 MOTION by plaintiff and defendant to extend time (bkj) (Entered: 07/23/2003)
11 ORDER by Chief Judge Susan W. Wright granting the parties' joint motion to extend time [10-1]; Rule 26(f) conference to be held on 9/8/03 and Rule 26(f) report is due 9/22/03 (cc: all counsel) (vjt) (Entered: 07/28/2003)
12 CONSENT DECREE: by Chief Judge Susan W. Wright the parties have agreed to this Consent Decree to settle all the claims involved; Deft, its officers and agents are enjoined from discriminating against any applicant with respect to hiring at its Pine Bluff facility because of such individual's age, in violation of the Age Discrimination in Employment Act; each of the parties shall bear its own costs and attys fees (cc: all counsel) (bmt) Modified on 10/14/2003 (Entered: 10/10/2003)
13 NOTICE by plaintiff of change of address for attorney Pamela B Dixon (bkj) (Entered: 10/30/2003)

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 </s> EEOC LITIGATION SETTLEMENT REPORT - October 2003

http://www.eeoc.gov/litigation/settlements/settlement10-03.html

EEOC v. International Paper Corp. No. 5:03-CV-0122 (E.D. Ark. October 9, 2003)
The Memphis District Office filed this ADEA action, alleging that defendant, a manufacturing company, engaged in discriminatory hiring practices based on age when, following the closure of its Camden Arkansas facility, it refused to hire a class of former general mechanics over the age of 50 for open positions in its other facilities despite its agreement with the union to consider all employees laid off from Camden for such positions. Pursuant to a consent decree, defendant agreed to provide six applicants with a total of $260,000 in back pay and $155,000 in other benefits and to conduct ADEA training for its managers. Defendant is also enjoined from discriminating against any applicant with respect to hiring at its Pine Bluff, Arkansas facility because of such individual's age.

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6/13/2007 12:31 PM


[CONTENT] March 2003 | the Little Rock Area Office of the EEOC | International Paper Company | District Court | the Eastern District | Arkansas ||| three | the age of fifty | the Age Discrimination ||| October 2003 ||| fourteen months | EEOC | 415,000 | six [SUMMARY] In March 2003, the Little Rock Area Office of the EEOC brought this suit against International Paper Company in the U.S. District Court for the Eastern District of Arkansas.  The complaint alleged that the defendant refused to hire the three charging parties and other applicants over the age of fifty in violation of the Age Discrimination in Employment Act ("ADEA").  After the defendant's answer to the complaint and some scheduling orders, the parties settled in October 2003 through a consent decree. 

The decree had a term of fourteen months and required the defendant to: provide ADEA training for all its managers, report to the EEOC regarding the training, and pay a total of $415,000 to be distributed among six individuals.

