City of Sulphur, Oklahoma Complaint

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA
UNITED STATES OF AMERICA, Plaintiff,
v.
CITY OF SULPHUR, OKLAHOMA, Defendant.
____________________________________
CIVIL ACTION NO.
COMPLAINT
Plaintiff, United States of America, alleges:
1. This action is brought on behalf of the United States to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq.
2. This Court has jurisdiction of the action under 42 U.S.C. § 2000e-5(f) and 28 U.S.C. §1345.
3. The defendant, City of Sulphur (hereinafter referred to as "Sulphur"), is a corporate, governmental body created pursuant to the laws of the State of Oklahoma.
4. The defendant is a person within the meaning of 42 U.S.C. § 2000e(a) and an employer within the meaning of 42 U.S.C. § 2000e(b).
5. The defendant has subjected Cruz Carillo to discrimination on the basis of his national origin, Mexican-American, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2(a), among other ways, by:
(a) Failing or refusing to hire or promote Mr. Carillo to the position of Sanitation Department Superintendent and to pay him accordingly; and;
(b) Failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment of Mr. Carillo.
6. The Equal Employment Opportunity Commission (EEOC) received a timely charge filed by Mr. Carillo, alleging that he had been discriminated against on the basis of his national origin by Sulphur when he was denied a promotion to Sanitation Department Superintendent. Pursuant to Section 706 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5, the EEOC investigated the charge, found reasonable cause to believe that the allegation of national origin discrimination was true, attempted unsuccessfully to achieve through conciliation a voluntary resolution of the charge and subsequently referred the matter to the Department of Justice.
7. All conditions precedent to the filing of suit have been performed or have occurred.

http://www.usdoj.gov/crt/emp/documents/sulphurcm.htm

8/13/2007

City of Sulphur, Oklahoma Complaint

Page 2 of 2

WHEREFORE, the plaintiff prays this Court to:
(a) Enter an order enjoining the defendant from failing or refusing to provide remedial relief sufficient to make whole the charging party, Mr. Carillo, for the individual loss he has suffered as a result of the discrimination against him as alleged in this Complaint; and
(b) Award compensatory damages to Mr. Carillo to fully compensate him for injuries caused by Sulphur's discriminatory conduct, pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
(c) Take other appropriate nondiscriminatory measures to overcome the effects of the discrimination.
The plaintiff prays for such additional relief as justice may require, together with its costs and disbursements in this action.
JURY DEMAND
The United States hereby demands a trial by jury of all issues so triable pursuant to Rule 38 of the Federal Rules of Civil Procedure and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a.
JANET RENO Attorney General
By: ______________________ BILL LANN LEE Acting Assistant Attorney General Civil Rights Division
ROBERT B. GREEN United States Attorney Eastern District of Oklahoma 1200 W. Okmulgee Street Muskogee, Oklahoma 74401 (918) 684-5100
_______________________ WILLIAM B. FENTON ALLEN W. LEVY D.C. Bar No. 412998 Attorneys U.S. Department of Justice P.O. Box 65968 Washington, D.C. 20035-5968 (202) 514-2188

http://www.usdoj.gov/crt/emp/documents/sulphurcm.htm

8/13/2007

 • • 6:01-cv-00034-FHS Document 6 Filed in ED/OK on 02/23/01 Page 1 of 6

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA

UNITED STATES OF AMERICA, )

}

Plaintiff,

)

)

v.

)

)

)

CITY OF SULPHUR, OKLAHOMA )

}

Defendant.

)

FEB 2 3 2001
WILUAM B. GUTHRIE
Clerk. U.S. DISTRICT COURT By_ _--:::---,--o
[l.,puty Clerk;;-----
-s CIVIL ACTION NO. •) I- Q?:,L/

CONSENT DECREE This action was brought by the United States against the City of Sulphur ("Sulphur") to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. ("Title VII"), following receipt by the Department of Justice from the Equal Employment Opportunity Commission ("EEOC") of a charge filed by Cruz Carrillo, a Sulphur employee. In its complaint, the United States alleges that Sulphur violated Title VII when it improperly considered Mr. Carrillo's national origin, Mexican-American, in making its decision to deny Mr. Carrillo a promotion to the position of Sanitation Department Superintendent. The City of Sulphur denies any violation of Title VII and the allegations of discrimination. The parties, desiring that this action be settled by appropriate consent decree and without the burden of protracted

• • 6:01-cv-00034-FHS Document 6 Filed in ED/OK on 02/23/01 Page 2 of 6
litigation, agree to the jurisdiction of this Court over the !Jul L~c0 ullll l.l1e sul..ljcct matter of this action. Subject to the Court's approval of this Consent Decree, the parties waive a hearing and findings of fact and conclusions of law on all issues, and further agree to the entry of this Decree as final and binding between themselves as to the issues raised in the United States' complaint filed in this case and the matters resolved in this Decree.
This Decree, being entered with the consent of the parties, shall in no way constitute an adjudication or finding on the merits of the case, nor be construed as an admission by Sulphur or a finding of any wrongdoing or violation of any applicable federal or state law or regulation.
As used in this Decree, the term "date of entry of this Decree" is defined as the date on which the Court grants final approval to and enters this Consent Decree as a final order of the Court.
2

• • 6:01-cv-00034-FHS Document 6 Filed in ED/OK on 02/23/01 Page 3 of 6

.lL LJ Llluc[urt:, ORDERED, ADJUDGED AND DEC!U::ED:

A. GENERAL RELIEF

1. Sulphur shall follow non-discriminatory employment policies

and practices that treat all employees in the same way,

regardless of national origin.

2. Sulphur shall provide training with respect to Title VI!'s

prohibition against employment discrimination based on national

origin to all of its supervisory personnel. A description of the

training shall be submitted to counsel for the United States

within six months from the date of entry of this Decree.

3.

Sulphur, by and through its officia:s, agents, employees

and all persons in active concert or participation with Sulphur

in the performance of employment or personnel functions shall not

retaliate against or in any respect adversely affect any person

because that person formally or informally has complained of or

otherwise opposed an allegedly discriminatory employment policy

or practice, filed a charge with the EEOC or any state or local

fair employment practices agency, or participated or cooperated

in any proceeding under Title VII, including, but not limited to,

the initiation, investigation, litigation, or administration of this case or this Consent Decree.

B. SPECIFIC RELIEF

Without admitting the allegations of the United States, and

3

• • 6:01-cv-00034-FHS Document 6 Filed in ED/OK on 02/23/01 Page 4 of 6
in settlement of the claim of the United States for relief on lJ<cikLI L uf ML. C'c~u illo, aLl well a:cJ in settlement of the claim of Mr. Carrillo, who, by his signature to this document, has indicated his acceptance, Sulphur agrees to: 1. Pay Mr. Carrillo a monetary award in the amount of $45,000 no later than the dates specified in paragraph B.2. below and give Mr. Carillo other consideration, all of which is covered in a separate settlement agreement and release that has been entered into between Mr. Carrillo and Sulphur. The monetary award of $45,000 includes $35,862 in back pay and $9,138 in accumulated interest. Sulphur shall withhold the appropriate amount of taxes from the back pay portion of the award and issue to Mr. Carrillo a form 1099 or other appropriate form that reflects the interest portions of the award, and inform Mr. Carrillo that these amounts are subject to federal and, as appropriate, state income taxes. 2. Pay to Mr. Carrillo $40,000 of the total monetary award specified in paragraph B.l of this Decree within fifteen (15) days of the date of the entry of this Decree. Sulphur shall pay to Mr. Carrillo the additional $5,000 of the total monetary award specified in paragraph B.l of this Decree no later than July 10, 2001. C. RECORD-KEEPING AND REPORTING
1. Sulphur shall retain during the life of this Decree records necessary to document the implementation of this Decree.
4

• • 6:01-cv-00034-FHS Document 6 Filed in ED/OK on 02/23/01 Page 5 of 6
Sulphur shall furnish records and documents relevant to its c:c'"'Pl Lcllu.:c "' i.Llt LltiG Decree to counsel for the Department of Justice within thirty (30) days of any written request from counsel for the Department of Justice to Sulphur's attorney.
2. Sulphur shall retain during the life of this Decree all records that come into its possession relating to complaints or charges of employment discrimination by Sulphur based on nati~nal origin, filed againsc Sulphur or its employees, agents or representatives: (a) through Sulphur's internal grievance procedure; (b) with the United States Equal Employment Opportunity Commission; or (c) through or with any other federal, state or local agency authorized to receive such complaints. Sulphur shall provide copies of such complaints or charges to counsel for the United States within ten (10) days of its receipt of such complaints or charges. In addition, the United States shall have the right to inspect and copy all documents related to such complaints or charges upon reasonable notice to Sulphur without further order of this Court. D. DISPUTE RESOLUTION
The parties shall attempt to resolve informally any dispute that may occur under this Consent Decree and shall engage in good faith efforts to resolve the issue before seeking action by the Court. If the parties are unable expeditiously to resolve the issue, either party may move the Court for resolution, provided
5

• • 6:01-cv-00034-FHS Document 6 Filed in ED/OK on 02/23/01 Page 6 of 6

that written notice is first provided to the other party.

E. JURISDICTION OF THE COURT

1. During the life of this Decree, the Court shall retain

jurisdiction over this Decree for the purposes of enforcing its

provisions, resolving any disputes that may arise between the

parties under it and entering such orders as may be appropriate.

2. This Decree shall terminate five (5) years from the '

date of its entry. Prior to its termination any party may move,

for good cause shown, to extend the duration of the Decree.

3. Each party shall bear its own costs and expenses,

including attorney's fees. SO ORDERED this

day of Jf'41P'""t' , 2 000.
'

Agreed and Consented to:
On behalf of Plaintiff United States of America:
/ /J._ &vr~L._
~ILLIAM B. FENTON ALLEN W. LEVY Attorneys U.S. Department of Justice Civil Rights Division Employment Litigation Section P.O. Box 65968 Washington, D.C. 20035-5968
(202) 514-2188

rr/TA"~
--~--:-':....::=::;___
PHIL HURST Sulphur City Attorney 1020 West Second Street P.O. Box 597 Sulphur, Oklahoma 73086

6

 CLOSED

U.S. District Court Eastern District of Oklahoma (Muskogee) CIVIL DOCKET FOR CASE #: 6:01-cv-00034-FHS

USA v. Sulphur OK City of Assigned to: Judge Frank H. Seay Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 01/18/2001 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Plaintiff

Plaintiff United States of America

represented by Allen W. Levy U.S. Department of Justice/Civil Rights Div. P.O. Box 65968 Washington, DC 20035-5968 (202) 514-2188 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bill Lann Lee Asst Attorney General/Civil Rights Div 950 Pennsylvania Ave. N.W. Room 5643 Washington, DC 20530 (202) 514-2151 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sheldon J. Sperling US Attorney (EDOK) 1200 W Okmulgee Muskogee, OK 74401 918-684-5100 Fax: 918-684-5150 Email: sheldon.sperling@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant The City of Sulphur, Oklahoma

William B. Fenton U.S. Department of Justice/Civil Rights Div. P.O. Box 65968 Washington, DC 20035-5968 (202) 514-2188 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 01/18/2001 01/18/2001
01/18/2001
02/10/2001

#

Docket Text

1 COMPLAINT (nsb, Deputy Clerk) (Entered: 01/22/2001)

MAGISTRATE'S CONSENT FORM furnished to plaintiff's counsel. (nsb, Deputy Clerk) (Entered: 01/22/2001)

WAIVER OF SERVICE FORMS furnished to plaintiff's counsel (nsb, Deputy Clerk) (Entered: 01/22/2001)

2 NOTICE mailed setting case for Status & Scheduling Conference on 3/1/01 at 12:00 Noon at the United States Courthouse, Muskogee, Oklahoma before the Honorable Frank H. Seay. ENTERING ORDER by Judge Frank H. Seay directing parties pursuant to Local Rule 26(e) to meet as soon as practicable but not less than 14 days prior to the Status and Conference to discuss the nature and basis of claims and defenses, the possibility of prompt settlement and, consent to proceed before a United States Magistrate Judge. Parties are directed to file with the Clerk of Court a joint written report of such meeting four (4) working days prior to the Status and Scheduling Conference. Attorneys shall make known to their clients the contents of the report. The enclosed "Report on Planning Meeting Form", is to be completed and filed with the Clerk. All parties and their counsel are required to sign this form. The signatures of the parties may be submitted by facsimile. (FHS) (cc: all counsel) (law, Deputy Clerk) (Entered: 02/10/2001)

02/21/2001 02/21/2001 02/22/2001
02/23/2001 03/02/2001

3 MOTION (Unopposed) by plaintiff for a continuance of status and scheduling conference ; response deadline 3/8/01 (law, Deputy Clerk) (Entered: 02/21/2001)
4 BRIEF by plaintiff in support of the United States' unopposed motion for continuance (law, Deputy Clerk) (Entered: 02/21/2001)
5 MINUTE ORDER: granting Unopposed motion for a continuance of status and scheduling conference. [3-1] ; Status and scheduling conference is stricken from 3/1/01 (FHS) (cc: all counsel) (trl, Deputy Clerk) (Entered: 02/22/2001)
6 CONSENT DECREE by Judge Frank H. Seay (cc: all counsel) (tkc, Deputy Clerk) (Entered: 02/26/2001)
7 MINUTE ORDER: A consent decree resolving all matters in issue having been entered on February 23, 2001, there is no reason at this time to maintain the file as an open file for statistical purposes. Accordingly, the clerk is instructed to submit a JS-6 form to the Administrative Office. Nothing contained in this minute entry order shall be interpreted as a dismissal of this case or the complaint. Should further proceedings become necessary or desirable, any party may initiate proceedings by filing the appropriate motion in the same manner as if the form JS-6 had not been submitted (closing case) (FHS) (cc: all counsel) (tkc, Deputy Clerk) (Entered: 03/02/2001)

PACER Service Center
Transaction Receipt

10/18/2007 14:20:50

PACER Login: wu0079

Client Code: Baker

Description: Docket Report Search Criteria: 6:01-cv-00034-FHS

Billable Pages: 2

Cost:

0.16


On January 18, 2001, the U.S. Department of Justice ("D.O.J.") filed a lawsuit under Title VII of the Civil Rights Act of 1964 against the City of Sulphur in the U.S. District Court for the Eastern District of Oklahoma alleging that the City discriminated against a Mexican-American employee on the basis of his national origin, when it failed or refused to promote him and took no action to remedy the effects of discrimination. The D.O.J. sought injunctive and monetary relief. On February 23, 2001, the Court entered a consent decree, containing injunctions on discrimination and retaliation, with orders to the defendant to implement a nondiscriminatory policy and antidiscrimination training. The individual received $45,000. The decree expired after five years.