~JS 44 (Rev 3/99)

• e CIVIL COVER SHEET

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required

by law, except as provided by local rules of court. This form, approved by the Judicial Conference ofthe 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 FORM.)

I. (a) PLAINTIFFS
EQUAL EMPLOYMENT QPPORHJNIJ"Y COMMISSION

~

\

,

(b) County of Residence of First Listed Plaintiff

(EXCEPT IN U S. PLAINTIFF CASES)

8 04 CV 1 890- B

(c) Attorney's (Firm Name, Address, and Telephone Number)
KERI L. MALLON, SENIOR TRIAL ATTORNEY EEOC-Dallas Dlstnct Office 207 South Houston, 3,d Floor Dallas, Texas 75202 (214) 253-2743

II. BASIS OF JURISDICTION (Place an "X" m One Box Only)

Xl U.S Government Plaintiff

03 Federal Question (U S. Government Not a Party)

DEFENDANTS
VECTA, A DIVISION OF STEELCASE INC.

County of Residence of First Listed Defendant

(IN U S. PLAINTIFF CASES ONLy)
Ii NOTE' INL LAND~ CIOr' N- DE\M';0 NA\ T\\ ~.I_ ~~~ \C\~A\ TION OF THE

A~_\\\;\\G~\ fIU~' 3rQ'2~.004 ~\

\ -

-. -" I"\'~ RIC'- C~~~~S

C III. CITIZENSHIP OF *.~

(For Diversity Cases Only)

NO iJ.:

ace an "x,. in One Box for PlaintIff
and One Box for Defendant)

PTF DEF

PTF DEF

o Citizen of This State 01 01 Incorporated or Principal Place

4 04

of Busmess In This State

02 U S Government Defendant

04 Diversity (Indicate Cltlzenship of Parties 10 Item III)

o Citizen of Another State 02 02 Incorporated and Principal Place 5 05
of Business In Another State

Citizen or Subject of a 0 3 03 Foreign NatIOn Foreign Country

o 6 06

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

CONTRACT

TORTS

FORFEITUREIPENALTY

BANKRUPTCY

OTHER STATUTES

0 110 Insurance

PERSONAL INJURY

PERSONAL INJURY 0

0 120 Manne

0 3 I 0 AIrplane

0 362 Personal InJury-

0

0 130 MIller Act

0 31 S AIrplane Product

Med MalpraclIce 0

0 140 Negollable Instrument

Liablhty

0 365 Personal Injury -

0 150 Recovery of Overpayment 0 320 Assault, LIbel &

Product Llablhty

0

& Enforcement of Judgment

Slander

0 368 Asbestos Personal 0

0 151 MedIcare Act

0 330 Federal Employers'

Injury Product

0

0 152 Recovery of Defaulted

Llablhty

Llabihty

0

Student Loans (Excl Veterans)

0 340 Manne 0 345 Manne Product

PERSONAL PROPERTY

o 370 Other Fraud

0

0 153 Recovery of Overpayment

Llablhty

0 371 Truth m Lendmg

of Veteran's Benefits

0 350 Motor VehIcle

0 380 Other Personal

0 160 Stockholders' SUlts 0 190 Other Contract

0 355 Motor VehIcle
Product Llablhty

Property Damage
0 385 Property Damage

0

0 195 Contract Product Llablhty 0 360 Other Personal Injury

Product Llabihty

0

REAL PROPERTY
0 210 Land CondemnatIOn 0 220 Foreclosure

CIVIL RIGHTS
x:0 441 Votmg 442 Employment

PRISONER PETITIONS 0

0 510 MotIOns to Vacate

Sentence

0

0 230 Rent Lease & EJeclInent 0 443 Housing!

Habeas Corpus'

0 240 Torts to Land

Accommodations 0 530 General

0

0 245 Tort Product Llablhty

0 444 Welfare

0 535 Death Penalty

0 290 All Other Real Property 0 440 Other CIVIl RIghts 0 540 Mandamus & Other 0

0 550 Civil RIghts

0 555 Pnson CondItIon

6 I 0 Agnculture 620 Other Food & Drug 625 Drug Related SeIzure
of Property 21 USC 630 LIquor Laws 640 R R & Truck 650 AIrline Regs 660 Occupallonal
SafetylHealth 690 Other

0\22 Appeal 28 USC I S8
0\23 Withdrawal 28 USC 157
PROPERTY RIGHTS
[820 Copyrights [830 Patent [840 Trademark

LABOR

SOCIAL SECURITY

710 FaIr Labor Standards [861 HIA (1395ft)

Act

[862 Black Lung (923)

720 LaborlMgmt Relallons [863 DIWCIDIWW (405(g»

[864 SSID Title XVI

730 LaborlMgmt Reportmg [865 RSI (405(g»

& DIsclosure Act

740 RaIlway Labor Act

FEDERAL TAX SUITS

790 Other Labor LItigation

0170 Taxes (U S. Plamttff or Defendant)

791 Empl Ret. Inc. Security Act

0171 IRS-Third Party 26 USC 7609

o 400 State ReapportIOnment o 410 AnlItrust o 430 Banks and Bankmg o 450 CommercelICC Rates/etc o 460 Deportallon o 470 Racketeer Influenced and
Corrupt Organlzallons
0 810 SelectIve Semce 0 850 Secuntles/Commoditles/
Exchange
o 875 Customer Challenge
12 USC 3410
o 891 Agncultural Acts o 892 EconomIc StabihzatlOn Act o 893 EnVIronmental Matters o 894 Energy Allocation Act o 895 Freedom of
Information Act
o 900 Appeal of Fee
Detennination Under Equal
Access to JustIce
o 950 ConstitutIOnalIty of
State Statutes
o 890 Other Statutory ActIOns

V. ORIGIN

(PLACE AN "X" IN ONE BOX ONLY)

o )( I Origmal

2 Removed from

Proceedmg

State Court

o 3 Remanded from Appellate Court

Transferred from
o another district 4 Reinstated or 0 5 (specifY) Reopened

o 6 Multidistrict Litigation

Appeal to District Judge from
o 7 Magistrate Judgment

CAUSE OF ACTION (CIte the U.S. CIvil Statute under whIch you are filing and write brief statement of cause

VI.

Do not cIte JunsdlctlOnal statutes unless dIverSIty )

ThIS cause of actIon IS brought pursuant to TItle VII of CIVIl RIghts Act of 1964, amended, and TItle I of Civil RIghts Act of 1991 to correct unlawful employment practices on the basis of sex and to

proVIde appopnate rehef to Carmen Dean who was subjected to a sexually hostIle work enVIromnent

VII. REQUESTED IN

D CHECK IF THIS IS A CLASS ACTION

COMPLAINT:

UNDER F.R.C P. 23

VIII. RELATED CASE(S)

(See instructions):

IF ANY

JUDGE

DEMANDS

CHECK YES only if demanded in complaint:

JURY DEMAND:

X•Yes

0 No

DOCKET NUMBER

FOR OFFICE USE ONLY

SIGNATURE OF ATTORNEY OF RECORD
~'1W.Co~p

RECEIPT # _ _ _ __ AMOUN _____________ APPLYING IFP _____________

nJDGE _____________ MAG nJDGE _________________

U.S. DISTRICT C-OURT NORTHERNDISTRICT OF TEXAS
FILED

IN THE UNITED STATES DISTRICT CO RT

FOR THE NORTHERN DISTRICT OF T S DALLAS DIVISION

AUG 3 0 2004

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

}

VECTA, A DIVISION OF STEELCASE INC., }

}

}

}

Defendant.

}

-------------------------------}

a:-c:?J.s.msnucrCOURT
Deputy
CIVIL ACTION NO.
304CV1890- B
COMPLAINT
JURY TRIAL DEMANDED

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended, and-Title I of

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

provide appropriate relief to Carmen Dean who was subjected to a sexually hostile work

environment. The Commission further alleges that the Defendant, VECTA, a Division of /Steel

Case, Inc., (here after referred to as "VECTA/Steel Case") retaliated against Ms. Dean by

terminating her because of her opposition to employment practices she believed to be unlawful.

JURISDICTION AND VENUE

1. lurisdictionofthis Court is invoked pursuantto 28 U.S.C. §§ 451,1331, l337, l343,

and l345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of the Civil

Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C § 2000e-5(f)(1) and (3), and Section 102

of the Civil Rights Act of 1991,42 U.S.C. Sec. 1981a.

2. The employment practices alleged to be unlawful were and are now being committed

within the jurisdiction of the United States District Court for the Northern District of Texas, Dallas Division.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII ofthe Civil Rights Act of 1964, as amended and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.C. § 2000e-5(a). 4. At all relevant times, Defendant, VECTAlSteel Case, has continuously been and is now doing business in the State of Texas and has continuously had at least fifteen employees. 5. At all relevant times, Defendant, VECTAlSteel Case, has continuously been an employer engaged in an industry affecting commerce under Section 701(b), (g) and (h) of Title VII, 42 U.S.C. §2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Carmen Dean filed a charge with the Commission alleging violations of Title VII of the Civil Rights Act of 1964, as amended, by the Defendant, VECTAlSteel Case. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. During the employment of Carmen Dean, the Defendant has engaged in unlawful employment practices in violation of Section 703(a)(I) of Title VII, 42 U.S.C. § 2000e-2(a)(I) by subjecting Dean to a sexually hostile work environment. Specifically, VECTAlSteel Case subjected Dean to a sexually hostile work atmosphere in that she was constantly and repeatedly subjected to unwelcome and offensive, sexually explicit remarks and touching.
Page -2-

8. On or about October of 2002, Defendant retaliated against Ms. Dean in violation of Section 704(a) of Title VII, 42 U.S.C. Section 2000e-3. Specifically, Defendant terminated Ms. Dean because she complained about the discriminatory treatment she was receiving by the President of VECTA, Robert Beck.
9. The result of the foregoing practices has been to deprive Carmen Dean of equal employment opportunities because of her sex and due to retaliatory treatment.
10. The unlawful employment practices complained ofin paragraphs 7 and 8 above were intentional.
11. The unlawful employment practices complained ofin paragraphs 7 and 8 above were done with malice or with reckless indifference to the federally protected rights of Carmen Dean.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, VECTAlSteel Case, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which condones or encourages sexual harassment and enjoin any further retaliatory treatment for employees who oppose unlawful employment practices. B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities and a non-hostile work environment for all employees which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendant to make whole Carmen Dean by providing appropriate back pay with prejudgment interest in amounts to be determined at trial, pecuniary losses, compensatory damages including out-of-pocket expenses, and other affirmative relief necessary to eradicate the
Page -3-

effects of its unlawful employment practices. D. Order the Defendant to make Carmen Dean whole by providing compensation for past
and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 and 8 above.
E. Order the Defendant to make Carmen Dean whole by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices described in paragraphs 7 and 8 above, including but not limited to, pain and suffering, humiliation, embarrassment, emotional distress, anxiety, and loss of enjoyment of life, in amounts to be determined at trial.
F. Order the Defendant to pay Carmen Dean punitive for its intentional conduct or reckless indifference described and referenced in paragraphs 7 and 8 above, in an amount to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted, ERIC S. DREIBAND General Counsel
Page -4-
'\

JAMES L. LEE Deputy General Counsel
~2 -ROBERT A. ANINO Regional Attorney Oklahoma Bar No. 0117821
'fi1fkciof2~ Cn~
Supervisory Trial Attorney Texas Bar No. 04855720
o I
KERI L. MALLON Senior Trial Attorney Colorado Bar No. 27392 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 253-2743 (214) 253-2740 (FAX)
Page -5-

CERTIFICATE OF SERVICE

I certify that a true copy of the foregoing has been served on all counsel of record for the

Defendant at ~ess below via United States fust class mail, postage prepaid, on this the

'? Dday of

, 2004.

Gayla C. Crain Epstein Becker Green Wickliff & Hall, P.e. Attorneys at Law Lincoln Plaza, 27th Floor 500 North Akard Street Dallas, Texas 75201

l/(~
lt~ri L. Mallon

Page -6-

 </s> CO

··-1

DISTRICT OF TEXAS
FIIJED

IN THE UNITED STATES DISTRI FOR THE NORTHERN DISTRICT
DALLAS DIVISION

S SEP 10 2004

EQUAL EMPLOYMENT

§

OPPORTUNITY COMMISSION,

§

Plaintiff,

§

§

§

CARMEN DEAN

§

Intervenor-Plaintiff

§

vs.

§

§

VECTA, A DIVISION OF

§

STEELCASE, INC.

§

Defendants.

§

CLERK, U.S.DISTRlCTCOVRT
Hy ____~~_______
.. Deputy -~- -.---=-:-::-::-:::::--~---
CIVIL ACTION NO.: 3:04-CV-01890B
JURY TRIAL DEMANDED

INTERVENOR-PLAINTIFF CARMEN DEAN'S ORIGINAL COMPLAINT

Intervenor-Plaintiff, CARMEN DEAN., by and through her undersigned counsel,

hereby sues Defendant, STEELCASE, INC., and alleges the following:

INTRODUCTION

1. This action involves claims of discrimination and harassment based on sex and

retaliation pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e, et

seq., as amended by the Civil Rights Act of 1991,42 U.S.C. 1981a, and is brought by

Intervenor-Plaintiff, CARMEN DEAN.

JURISDICTION, VENUE AND PARTIES

2. This action arises, in part, under Title VII of the Civil Rights Act of 1964, 42 U.S.C.

2000, et seq., as amended by the Civil Rights Act of 1991. This Court has original

jurisdiction to grant relief pursuant to 28 U.S.C.§§ 1331, 1332(a) (1) and 1343 (3) and

(4). This Court is vested with jurisdiction to order an injunction, front pay, back payor

any other equitable relief as may be proper, and compensatory and punitive damages,

attorneys' fees and costs pursuant to 42 U.S.C. §§ 1981a and 2000e-5(g).

INTERVENOR-PLAINTIFF CARMEN DEAN'S ORIGINAL COMPLAINT Page 1 of6

. . -.-----.---.~~~--~~~~~-~---~-

3. Venue is proper in the Dallas Division of the Northern District of Texas pursuant to 28 U.S.C.§ 1391(a) and (c) because Defendants' principal place of business for its Vecta Division is located in Grand Prairie, Texas and because the unlawful employment practices giving rise to this action were committed within this judicial district. 4. Plaintiff, UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ("EEOC"), made a finding of sex discrimination, sexual harassment and retaliation against Steelcase, Inc., and filed this action in its own right on behalf of Carmen Dean, giving her the right to intervene as a Plaintiff. Carmen Dean brings her claims herein as an intervening plaintiff. A copy of the EEOC's Letter of Determination is attached to this Complaint as Intervenor's EXHIBIT "A." 5. Intervenor-Plaintiff, Carmen Dean, is an individual who resides in Burleson, Texas. Carmen Dean was employed by Steelcase, Inc., as a Benefits/Compensation Administrator. She is female and is therefore protected from discrimination in employment under Title VII. 6. Defendant, Steelcase, Inc., is a foreign corporation. At all times material, Steelcase, Inc., was an "employer" as defined by 42 U.S.c. § 2000e(b) because it employs 15 or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year. 7. Defendant, Steelcase, Inc., operated its Vecta Division in Grand Prairie, Texas, where Plaintiff was employed. Steelcase and Vecta together constitute a single employer.
COMPLIANCE WITH PROCEDURAL REQUIREMENTS 8. Carmen Dean timely filed a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") alleging sex discrimination and retaliation. This
INTERVENOR-PLAINTIFF CARMEN DEAN·S ORIGINAL COMPLAINT Page 2 of6

action is timely filed and Intervenor Plaintiff has satisfied any and all administrative requirements precedent to the filing of this action.
FACTS 9. During the employment of Carmen Dean, the Defendant has engaged in unlawful employment practices in violation of Section 703(a)(l) of Title VII, 42 U.S.c. § 2000e2(a)(I) by subjecting Dean to a sexually hostile work environment. Specifically, VECTA/Steel Case subjected Dean to a sexually hostile work atmosphere in that she was constantly and repeatedly subjected to sexually explicit remarks and inappropriate touching. 10. On or about October of 2002, Defendant retaliated against Ms. Dean in violation of Section 704(a) of Title VII, 42 U.S.C. Section 2000e-3. Specifically, Defendant terminated Ms. Dean because she complained about the discriminatory treatment she and other females were receiving. 11. The result of the foregoing practices has been to deprive Carmen Dean of equal employment opportunities because of her sex and due to retaliatory treatment. 12. The unlawful employment practices complained of in paragraphs 9 and 10 above were intentional. 13. The unlawful employment practices complained of in paragraphs 9 and 10 above were done with malice or with reckless indifference to the federally protected rights of Carmen Dean.
PRAYER FOR RELIEF Wherefore, the Intervenor-Plaintiff respectfully requests that this Court:
INTERVENOR-PLAINTIFF CARMEN DEAN'S ORIGINAL COMPLAINT Page 3 of6

A. Grant a permanent injunction enJOlmng the Defendant, VECTA/Steel Case, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which condones or encourages sexual harassment and enjoin any further retaliatory treatment for employees who oppose unlawful employment practices. B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities and a non-hostile work environment for all employees which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendant to make whole Carmen Dean by providing appropriate back pay with prejudgment interest in amounts to be determined at trial, pecuniary losses, compensatory damages including out-of-pocket expenses, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. D. Order the Defendant to make Carmen Dean whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 9 and 10 above. E. Order the Defendant to make Carmen Dean whole by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices described in paragraphs 9 and 10 above, including but not limited to, pain and suffering, humiliation, embarrassment, emotional distress, anxiety, and loss of enjoyment of life, in amounts to be determined at trial.
INTERVENOR-PLAINTIFF CARMEN DEAN·S ORIGINAL COMPLAINT Page 4 of6

F. Order the Defendant to pay Carmen Dean punitive for its intentional conduct or reckless indifference described and referenced in paragraphs 9 and 10 above, in an amount to be determined at trial. G. Grant such further relief as the Court deems necessary and proper in the public interest. H. Award the Intervenor-Plaintiff with costs and reasonable attorney's fee in this action.
JURY TRIAL DEMAND The Intervenor-Plaintiff requests a jury trial on all questions of fact raised by her Complaint.
Respectfully submitted,

ULMAN LAW FIRM, P.C.

John E. Shulman

BN 178 3500

94

rth Central Expressway, Ste 416

Dallas, Texas 75231

214-361-2580 telephone

214-361-6580 facsimile

COUNSEL FOR INTERVENOR-

PLAINTIFF

George Dixie Dixie & Mauzy SBN 05905000 2301 Cedar Springs Ste 300 Dallas, Texas 75201 (214) 880-0090 telephone (214) 880-9688 facsimile CO-COUNSEL FOR INTERVENORPLAINTIFF

INTERVENOR-PLAINTIFF CARMEN DEAN'S ORIGINAL COMPLAINT Page 5 of6

CERTIFICATE OF SERVICE

This is to certify that, pursuant to the Federal Rules of Civil Procedure, a true and correct copy of the foregoing document was sent to Counsel of Record:

Mr. David W. DeBruin Jenner & Block, LLP 601 Thirteenth Street, N.W. Washington, D.C. 20005 (202) 639-6015 telephone (202) 637-6375 fax

Ms. Gayla Crain Mr. Michael Abcarian Epstein Becker Green Wickcliff & Hall, P.C. 500 North Akard St. Suite 2700 Dallas, Texas 75201-3306 214-397-4300 telephone (214) 397-0702 fax

Ms. Keri Mallon Senior Trial Attorney U.S. Equal Employment Opportunity Commission Dallas District Office 207 S. Houston St., 3rd Floor Dallas, Texas 75202 (214) 253-2743 telephone (214) 253-2749 fax

VIA:

L'ERTIFIED MAIL/RETURN RECEIPT REQUESTED

-_---_v :=JZ;tELEFACSIMILE TRANSMISSION REGULAR MAIL _ _ UPS

_ _ COURIER/RECEIPTED DELIVERY

HAND DELIVERY

~11d;;; On this

of September, 2004.

INTERVENOR-PLAINTIFF CARMEN DEAN'S ORIGINAL COMPLAINT Page 6 of6

.-

ee

u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Dallas District Office

207 S. Houston Stred, 3'" Floor Dallas, TX 75:202-4726

(214)655-3355

TrY (214)655-3363

FAX (:2J4) 655-3443

Charge Number: 310 A3 00762

Carmen Dean 6624 Shadow Valley Drive Burleson, Texas 76028

Charging Party

vs.
VECTA and Steelcase Design and Partnership 901 44th Street S.E. Grand Rapids, MI 49501

Respondent

Attn: Gayla Crain Counsel

DETERMINAnON

Under the authority vested in me by he Commission, I issue the following determination as to the merits of the subject charge filed under Title VII of the Civil Rights Act of 1964, as amended (TVII).

All requirements for coverage have been met. Charging Party alleged that she was sexual harassed because of her sex, female; and retaliated against for opposing a discriminatory act by being discharged on September 26,2002.

During the investigation, relevant, available witnesses were interviewed, and relevant documents were reviewed. I have considered all the evidence disclost".d during the investigation and find that there is
vn reasonable cause to believe that there was a violation of Title of the Civil Rights Act, in that the
Charging Party was sexually harassed, but was corrected at the time the Charging Party made a formal complaint to management. However, she was retaliated against for opposing a discriminatory act by being discharged on September 26,2002.

Upon finding that there is reason to believe that violations have occurred, the Commission attempts to eliminate the alleged unlawful practices by informal methods of conciliation. Therefore, the Commission now invites the parties to join with it in reaching a just resolution of this matter. The Commission will also consider compensatory and punitive damages under the Civil Rights Act of 1991.

Ifthe Respondent declines to discuss settlement or if, for any other reason, a settlement acceptable
-..../.

~ PLAINTIFF'S

~ (In~~~~~or')

~
~

(\
t1

«...J

I

_e

DETERMINATION CHARGE NO.: 310 A3 00762 PAGE 2
to the Office Director is not obtained, the Director will inform the parties and advise them of the court enforcement alternatives available to aggrieved persons and the Commission.
On Behalfof the Commission:

cc: Gayia Crain Attorney at Law Epstein Becker Green Wickcliff & Hall, P.C. 12750 Merit Drive, #1320 Dallas, Texas 75251-1219

John E. Schulman Attorney at Law The Schulman Law Firm 9400 N. Central Expwy., St. 416 Dallas, Texas 75231

.--,

 </s> ~,ORTHUE.SR. DNISDTISRTICRTICCTOOUFRTTEXAS
. . FILED

T;:\/;' IN THE UNITED STATES DISTRICT COU.

fEB 23 20lti

FOR THE NORTHERN DISTRICT OF TEX' ~:'I.

DALLAS DIVISION

. C~~RK. V.S. DISTRICT C

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

AND

Plaintiff,

CARMEN DEAN,

Intervenor v.

VECTA, A DIVISION OF STEELCASE INC.,

Defendant.

Deputy
} } } CIVIL ACTION NO. 3:04-CV-01890-B } } } } } } } } } } } } } }

SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is made and entered into by and between the Equal Employment Opportunity Commission ("EEOC"), Carmen Dean ("Carmen Dean" or "Intervenor") and Vecta Contract Division, a Division of Steelcase Inc. ("Defendant"), with regard to the EEOC's Complaint against Defendant filed on August 30, 2004 ("EEOC's Complaint"), and the Intervenor's Complaint ("Intervenor's Complaint") filed on September 30, 2004, in Civil Action No. 3-04-CV-01890-B. The Complaints were based upon Charge of Discrimination Number 310-A3-00762 filed by Carmen Dean against Defendant The above-referenced Complaints allege that the Defendant violated Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, by subjecting Carmen Dean to a sexually hostile work environment and to unlawful retaliation. The Defendant denies all of the EEOC and the Intervenor's allegations.

The Patties agree to compromise and settle the differences embodied in the Complaints and intend that the terms and conditions of the compromise and settlement be set forth in this Settlement Agreement.
NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the sufficiency of which is hereby acknowledged, the Patties agree as follows:
1. This Settlement Agreement resolves all issues raised in EEOC Charge No. 31O-A3-00762 anq all issues raised in the Complaints filed by the EEOC and the Intervenor in this civil action. The EEOC waives further claims and/or litigation relating to the abovereferenced charge or the EEOC's Complaint. The Intervenor acknowledges that there are no other claims arising from Carmen Dean's employment with Defendant, and Carmen Dean waives further claims and/or litigation relating to the above-referenced Charge and Intervenor's Complaint that could be raised or assetted against Defendant or any of its current or former officers, directors or employees in their corporate and individual capacities.
2. The Parties agree that this Settlement Agreement does not constitute an admission by the Defendant of any liability or wrongdoing. The Defendant expressly denies any violation of local, state or federal law, common or statutory, including but not limited to, Title VII of the Civil Rights Act of 1964, as amended, or Title I of the Civil Rights Act of 1991.
3. Nothing in this Agreement shall be construed to expand, limit or reduce Defendant's obligation to comply with Title VII of the Civil Rights Act of 1964, as amended.
4. Within one year after this Agreement is filed in Court, Vecta shall conduct one additional training session regarding the sexual harassment provisions of its Harassment Policy. The training will advise employees of the requirements and prohibitions of Title VII of the Civil Rights Act of 1964. The training will inform the employees of the complaint procedure for
2

individuals who believe they have experienced sexual harassment. The training will advise employees, including supervisors and managers, of the consequences of violating Title VII. The training will also include a specific discussion or instruction relating to the issue of sexual harassment. Within thirty (30) days after all training is completed, Defendant agrees to give written notice to the EEOC as to the date and location of the training, the name of the person providing the training and the substance of the training.
5. Defendant agrees to post the Notice attached to this Settlement Agreement ("Exhibit A") in prominent locations at its facility that are visible to all employees.
6. Defendant agrees to pay Carmen Dean the amount of $200,000.00, inclusive of attorney's fees and costs, to resolve all claims andlor litigation relating to the above-referenced Charge and Complaints and other matters between Intervenor and Defendant. Said payment shall be in one lump sum, without any withholding. Carmen Dean will assume full responsibility to all state and federal taxing authorities for any tax consequences for which Stee1case could have withheld portions of the payment, including interest, sanctions or penalties regarding income or other taxes arising out of the payment, and further agrees to hold Defendant harmless for any such tax consequences.
7. The payment referenced in paragraph 6, above, shall be made ten (10) days after the date of entry of this Settlement Agreement by check made payable to Carmen Dean and her counsel John Schulman as agreed by the Parties. The payment shall be sent to John Schulman, The Schulman Law Firm, 9400 N. Central Expressway, Suite 416, Dallas, Texas 75231.
8. All reports to the EEOC required by this Agreement shall be sent to Keri L. Mallon, Senior Trial Attorney, EEOC, Third Floor, 207 S. Houston, Dallas, Texas 75202.
3

9. If Defendant fails to tender payment or otherwise fails to timely comply with the terms of paragraph 6, above, Defendant shall:
a. Pay interest at the rate calculated pursuant to 26 U.S.c. Section 6621(b) on any untimely or unpaid amounts; and
b. Bear any additional costs incurred by the EEOC caused by the non-compliance or delay of Defendant.
10. Neither the EEOC, Carmen Dean, nor Defendant shall contest the validity of this Settlement Agreement, or the jurisdiction of the federal district court to enforce this Settlement Agreement and its terms, or the right of any party to the Settlement Agreement to bring an enforcement action upon breach of any term of this Settlement Agreement by any such party. Nothing in this Agreement shall be construed to preclude any palty from enforcing this Agreement in the event that any other party fails to perform the promises and representations contained herein.
11. Neither the EEOC nor Carmen Dean shall bring further suit or intervene in any suit against Defendant or any of its current or former officers, directors or employees in their corporate and individual capacities based upon the above-referenced Charge and Complaints.
12. The Patties to this Settlement Agreement agree to bear their own costs and attorneys' fees associated with the above-referenced Complaints.
13. The term of this Settlement Agreement shall be for 12 months, except the waiver contained in Paragraphs 1 and 11 shall not be limited by this period of time. The parties agree that until the conclusion of the term of this Agreement, and even in the event that the Court may find it necessary to dismiss this case for purposes of docket administration, the U.S. District
4

.
Court for the Northern District of Texas, Dallas Division, shall nevertheless retain jurisdiction for enforcement of all terms set forth above.
AGREED:
Regional Attorney Oklahoma State Bar No. 11782 TOBY W. COSTAS Supervisory Trial Attorney Texas Bar No. 04855720 KERI L. MALLON Sf. Trial Attorney Colorado State Bar No. 27392 Dallas District Office 207 South Houston Street, Third Floor Dallas, Texas 75202 Tel. No. 214-655-3328; Fax No. 214-655-3328
CARMEN DEAN AND ATTORNEYS FOR CARMEN DEAN:
Carmen Dean
9400 North Central Expressway, Suite 416 Dallas, Texas 75231 214-361-2580 214-361-6580 (fax)
5

...
George Dixie Texas Bar No. 05905000 DIXIE & MAUZY 2301 Cedar Springs, Suite 300 Dallas, Texas 75201 214-880-0090 214-880-9688 (fax)
ATTORNEYS FOR DEFENDANT:
VJJAIA ~
Michael V. Abcarian Bar No. 00799900 Kevin M. Duddlesten Bar No. 00793644 2700 Lincoln Plaza 500 North Akard Street Dallas, Texas 75201 214-397-4300 214-397-0702 (fax) David W. DeBruin David K. Haase JENNER & BLOCK, LLP 601 Thirteenth Street, N.W. Suite 1200 South Washington, DC 20005 202-639-6000 202-639-6066 (fax)
6

CASE NUMBER: 3:04-CV-1890-B DATE: FEBRUARY 23, 2005
TRIAL: YES- - - NO- -X- -

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CLOSED, JURY, SANDERSON
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:04-cv-01890

Equal Employment Opportunity Commission v. Vecta Assigned to: Judge Jane J Boyle Cause: 42:1983 Civil Rights Act

Date Filed: 08/30/2004 Date Terminated: 02/23/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Robert A Canino, Jr Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2750 Email: robert.canino@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Keri L Mallon Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2743 Fax: 214/253-2749 FAX Email: Keri.Mallon@eeoc.gov ATTORNEY TO BE NOTICED

Intervenor Plaintiff

Toby W Costas Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2760 Fax: 214/253-2749 FAX Email: toby.costas@eeoc.gov ATTORNEY TO BE NOTICED

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Carmen Dean
V. Defendant Vecta a Division of Steelcase, Inc.

represented by John E Schulman Schulman Law Firm 9400 N Central Expwy Suite 416 Dallas, TX 75231 214/361-2580 Fax: 214/361-6580 FAX Email: jschulman@schulmanlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Michael V Abcarian Fisher & Phillips 4343 Thanksgiving Tower 1601 Elm St Dallas, TX 75201-7254 214/220-9100 Fax: 214/220-9122 FAX Email: mabcarian@laborlawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin M Duddlesten Fisher & Phillips 4343 Thanksgiving Tower 1601 Elm St Dallas, TX 75201-7254 214/220-9100 Fax: 214/220-9122 Email: kduddlesten@laborlawyers.com ATTORNEY TO BE NOTICED

Date Filed 08/30/2004 08/30/2004 08/30/2004
08/30/2004 08/30/2004

#

Docket Text

***Magistrate Judge Sanderson chosen by random selection to handle matters that may be referred in this case. (cxb, ) (Entered: 09/01/2004)

1 COMPLAINT against Vecta, filed by Equal Employment Opportunity Commission (govt, no fee).(cxb, ) (Entered: 09/01/2004)

DEMAND for Trial by Jury by Equal Employment Opportunity Commission (included in the Complaint, doc. 1). (cxb, ) (Entered: 09/01/2004)

2 Summons Issued as to Vecta. (jrb, ) (Entered: 09/02/2004)

3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE

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09/21/2004 09/23/2004 09/30/2004 10/04/2004 10/06/2004
10/28/2004 11/02/2004
11/18/2004
11/18/2004 11/23/2004 11/23/2004 12/07/2004 01/03/2005
01/31/2005

STATEMENT by Equal Employment Opportunity Commission. (jrb, ) (Entered: 09/02/2004)
4 Unopposed MOTION to Intervene by Carmen Dean (jrb, ) (Entered: 09/22/2004)
5 ORDER granting 4 Motion to Intervene (Signed by Judge Jane J Boyle on 9/23/04) (jrb, ) (Entered: 09/28/2004)
6 INTERVENOR COMPLAINT against Vecta (A Division of Steelcase Inc), filed by Carmen Dean.(jrb, ) (Entered: 10/01/2004)
7 Unopposed MOTION for Enlargement of Time to Answer or Otherwise Plead by Vecta (jrb, ) (Entered: 10/05/2004)
8 ORDER granting 7 Motion to Extend Time. Dft shall answer or otherwise respond to the Complaint on or before 11/4/04. (Signed by Judge Jane J Boyle on 10/6/04) (jrb, ) (Entered: 10/06/2004)
9 Second Unopposed MOTION for Enlargement of Time to Answer or Otherwise Plead by Vecta (jrb, ) (Entered: 10/29/2004)
10 ORDER granting 9 Motion to Extend Time. Dft shall answer or otherwise respond to the complaint on or before 11/18/04. (Signed by Judge Jane J Boyle on 11/2/04) (jrb, ) (Entered: 11/04/2004)
11 MOTION for Leave to File Answer and Additional Defenses to Complaint of Intervenor-Plaintiff Carmen Dean Instanter by Vecta (jrb, ) (Entered: 11/19/2004)
14 ANSWER and Additional Defenses to Complaint by Vecta.(jrb, ) (Entered: 11/23/2004)
12 ORDER granting 11 Motion for Leave to File. (Signed by Judge Jane J Boyle on 11/23/04) (jrb, ) (Entered: 11/23/2004)
13 ANSWER and Additional Defenses to Complaint of Intervenor-Plaintiff Carmen Dean by Vecta.(jrb, ) (Entered: 11/23/2004)
15 STATUS REPORT ORDER:Joint Status Report due by 1/3/2005. (Signed by Judge Jane J Boyle on 12/07/04) (dek) (Entered: 12/07/2004)
16 ORDER: The case has settled. A final judgment or agreed order of dismissal is due by 2/4/05. (Signed by Judge Jane J Boyle on 1/3/05) (dek, ) (Entered: 01/03/2005)
17 ORDER REQUIRING ALL COUNSEL OF RECORD AND PRO SE NON-PRISONER) LITIGANTS TO REGISTER FOR ELECTRONIC TRANSMISSION OF NOTICE - All counsel of record and all pro se (non-prisoner) litigants in cases pending before Judge Jane J. Boyle are required to register for electronic transmission (e-mail) notice within (30) days of the date of this order. In addition, all non-dispositive motions filed in Judge Boyle?s Court must be accompanied by a proposed order e-mailed to Boyle_Clerk@txnd.uscourts.gov in WordPerfect or Word format. (Modification of Local Rule 7.1(h)). Information about how to

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02/23/2005 02/23/2005

register for electronic noticing, can be found on the Northern District of Texas website at http://www.txnd.uscourts.gov/records/ens.html. (Signed by Judge Jane J Boyle on 1/31/05) (rrj, ) (Entered: 02/02/2005)
18 Settlement Agreement...See order for specifics. (Signed by Judge Jane J Boyle on 2/23/05) (svc, ) (Entered: 02/24/2005)
***Civil Case Terminated. (svc, ) (Entered: 02/24/2005)

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[CONTENT] EEOC | Dallas | Vecta | Texas | Steelcase, Inc. | August 30, 2004 | District Court | the Northern District | Texas ||| EEOC | Vecta | Title VII | September 2004 ||| January 3, 2005 | February 23, 2005 ||| Title VII | 200,000 [SUMMARY] The EEOC's Dallas district office sued Vecta, a Texas furniture manufacturer and a division of Steelcase, Inc., on August 30, 2004 in the U.S. District Court for the Northern District of Texas.  The EEOC's complaint alleged that Vecta violated Title VII when it discriminated based on sex (female) by subjecting the intervenor employee, who intervened in September 2004, to a hostile work environment due to sexual harassment and terminated her in retaliation for her complaints about her treatment.  The parties settled on January 3, 2005 and the case was dismissed on February 23, 2005.  The settlement agreement stipulated that the defendant would provide one training session concerning sexual harassment to its employees, post a notice of compliance with Title VII, and pay $200,000 in damages to the intervenor.  

