l i ~) :.,~;::;;- i, ': <~:"'l CO'U RT NORTHERN CHSTF;CT OF TEXAS
F I LED

I IN THE UNITED STATES DISTRICT CPURT r---N-O-V - 91999

FOR THE NORTHERN DISTRICT OF TEXAS '--_

DALLAS DIVISION

NANCY DOHERTY, CLERK

8y ____~______- - - -

EQUAL EMPLOYMENT OPPORTUNITY }

Deputy

COMMISSION,

}

}

CIVIL ACTION NO.

Plaintiff,

} }

3-99CV~555-D

v.

} COMPLAINT

}

PARFUMES DE COUER, LTD., INC.

} (JURY DEMANDED)

}

}

Defendant. }

NATURE OF THE ACTION This is an action under Title VII ofthe 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 Charging Party Tracy Cantu. The Equal Employment Opportunity Commission alleges that the Defendant Employer, Parfumes De Couer, Ltd., Inc., violated Title VII when it discharged Tracy Cantu based on her sex, female, and because of her pregnancy.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuantto 28 U.S.C. §§ 451,1331,1337,1343, and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) ofTitle VII of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C. § 2000e-5(f)(I), (3), and Section 102 of the Civil Rights Act of 1991,42 U.S.c. § 1981A. 2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction ofthe United States District Court for the Northern District of Texas.

COMPLAINT

1

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 and is expressly authorized to bring this action by Sections 706(f)(1) and

(3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3).

4.

At all relevant times, Defendant, Parfumes De Couer, Ltd., Inc., has continuously

been and is now doing business in the State ofTexas and has continuously employed at least fifteen

employees.

5. At all relevant times, Defendant 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 days prior to the institution of this lawsuit, Tracy Cantu filed a

charge of discrimination with the Commission alleging a violation of Title VII by the Defendant.

All conditions precedent to the institution ofthis lawsuit have been fulfilled.

7. Since at least February 6, 1998, the Defendant has engaged in conduct in violation

of Section 703(b) ofTitle VII, 42 U.S.C. § 2000e-2(b) by discharging Tracy Cantu because she was

pregnant.

8. The effect ofthe practices complained of in paragraph 7 above has been to deprive

Tracy Cantu of equal employment opportunities because of her sex.

9. The unlawful employment practices complained of in paragraph 7 above were

intentional.

COMPLAINT

2

10. The unlawful employment practices complained of in paragraph 7 above were

committed with malice or with reckless indifference to the federally protected rights ofTracy Cantu.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining the Defendant, its officers, successors,

assigns, and all persons in active concert or participation with it, from engaging in any employment

practice which discriminates on the basis of sex and pregnancy.

B. Order the Defendant to institute and carry out policies, practices and programs that

provide equal employment opportunities for all of its female employees, and eradicate the effects

of the Defendant's past and present unlawful practices.

C. Order the Defendant to make Tracy Cantu whole by providing appropriate backpay

with prejudgment interest, in amounts to be proved at trial, front pay and pecuniary damages,

including out-of-pocket expenses, and other affirmative relief necessary to eradicate the effects of

the Defendant's unlawful employment practices, including but not limited to rightful place

reinstatement of Tracy Cantu.

D. Order the Defendant to make whole Tracy Cantu by providing compensation for past

and future non-pecuniary losses resulting from the unlawful employment practices described in

paragraph 7 above, including but not limited to pain and suffering, humiliation, embarrassment,

emotional distress, anxiety and loss of enjoyment oflife, in amounts to be determined at trial.

E. Order the Defendant to pay Tracy Cantu punitive damages for its malicious conduct

or reckless indifference described and referenced in paragraphs 7 and 10 above, in an amount to be

determined at trial.

COMPLAINT

3

F. Grant such further relief as the Court deems necessary and proper in the public
interest.
G. 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,
C. GREGORY STEWART General Counsel Designate
~~
ROBERT A. CANINO Regional Attorney Oklahoma State Bar No. 011782
~c9-71tj1 AWRENCEMAYS Supervisory Trial Attorney Ohio State Bar No. 0038288

~~
EVEL . MAIBEN Sr. Trial Attorney Alabama State Bar No. 422865852
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston Street 3rd Floor Dallas, Texas 75202 Tel No. (214) 655-3334 Fax No. (214) 655-3331

COMPLAINT

4

 U.S. DISTRICT COt;RT NORTHERN DISTRICT OF TEXAS
FILED----.

' !N THE UNITED STATES DISTRICT CO RT

R\ IJOR THE NORTHERN DISTRICT OF T AS

O G\NA DALLAS DIVISION

CLERK,u.s. DISTRICT COURT •

EQUAL EMPLOYMENT OPPORTUNITY

}

ct B l _ - - = - - : - - - Deputy

!.\I.

COMMISSION,

}

}

CIVIL ACTION NO.

Plaintiff,

}

3: 99-CV-2555-0

}

v.

}

PARFUMS DE COEUR, LTD., INC.,

}

(JURY DEMANDED)

}

Defendant

}

CONSENT DECREE

THIS CONSENT DECREE is made and entered into by and between the Equal

Employment Opportunity Commission ("EEOC") and Parfums de Coeur, Ltd., Inc.

("Parfums de Coeur"), in the United States District Court for the Northern District of

Texas, Dallas Division, with regard to the EEOC's Complaint filed on November 9, 1999

in Civil Action No. 3:99-CV-2555-D. The Complaint was based upon charges of

discrimination filed by Charging Party Tracy Cantu, against Defendant.

The EEOC and Parfums de Coeur agree to compromise and settle the

differences embodied in the Complaint, and intend that the terms and conditions of the

compromise and settlement be set forth in this Consent Decree ("Consent Decree").

1. This Consent Decree, together with the Confidential Settlement

Agreement between Tracy Cantu and Parfums de Coeur, Ltd. resolves all issues raised

in the charges of discrimination filed by Tracy Cantu with the EEOC. This Agreement

further resolves all issues in the Complaint filed by the EEOC in this civil action. The

EEOC waives further claims and/or litigation on all issues raised in the above

referenced charges and Complaint. EEOC understands that this Consent Decree

covers and waives all claims that it has or might assert against Defendant, any

predecessors or successors to such entity, any currently or formerly related companies, and any current or former corporate owners, officers, directors, employees, agents, insurers, and representatives of such entities, arising from or relating in any way to the employment of Tracy Cantu with the Defendant, the separation of that employment and/or the facts and allegations made the basis of the above-referenced lawsuit and/or the charges of discrimination filed or complaints made by Tracy Cantu against or about Defendant. The EEOC does not waive processing or litigating charges other than the above referenced charge.s.
2. It is expressly agreed that execution of this Consent Decree and payment of the consideration to Ms. Cantu in connection with this settlement is in no wayan admission of liability or fault, but is a compromise settlement of disputed claims asserted by the EEOC on behalf of Tracy Cantu by which Parfums de Coeur and any and all other persons or corporations having an interest in this matter are forever buying their peace. Parfums de Coeur agrees that it will continue to conduct all employment practices in a manner that complies with Title VII of the Civil Rights Act of 1964.
3. It is understood that after the release payment is made to Tracy Cantu, Parfums de Coeur, any predecessors or successors to that entity, any currently or formerly related companies and any current or former corporate owners, officers, directors, employees, agents, insurers and representatives of such entities, have no further obligation to Tracy Cantu for any claims arising or resulting from Ms. Cantu's employment with Defendant, the separation of that employment and/or the facts and allegations made the basis of the above-referenced lawsuit and/or the charges of discrimination and complaints filed by or made by Tracy Cantu against the Defendant.

4. Parfums de Coeur agrees that it shall continue to conduct all employment

practices in a manner which does not subject any employee to gender discrimination,

including pregnancy discrimination under Title VII of the Civil Rights Act and Title I of

the Civil Rights Act of 1991.

5. Parfums de Coeur agrees to post its Anti-Discrimination Policy (the

"Policy") appended hereto as Attachment "A" on the employee bulletin board within ten

(10) days after the entry of this Consent Decree. Parfums de Coeur agrees to distribute

the Policy to each employee within 30 days after the entry of this Consent Decree.

Parfums de Coeur agrees to require each employee to sign an Acknowledgement

stating that the employee has received and reviewed the Policy. Defendant will report

to the EEOC that it has complied with this requirement within 14 days after posting and

delivering the Policy. The posting and distributing of this Anti-Discrimination Policy is to

inform employees about discrimination. EEOC's agreement that Attachment A be

posted is in no wayan endorsement or approval of the specific anti-discrimination policy

as an, effective anti-discrimination policy.

6. Parfums de Coeur agrees to pay the amount of Five Thousand Dollars

and No Cents ($5000.00), to resolve all claims for damages to Tracy Cantu. The

amount shall be paid by check to Ms. Cantu, which shall be sent by certified mail, return

receipt requested, to Tracy Cantu within 10 days after the Consent Decree is entered

and Parfums de Coeur has received Ms. Cantu's executed Settlement Agreement and

Release of Claims ("Agreement").

7.

The parties to this Consent Decree agree to bear their own costs

associated with the above-referenced Complaint. The term of this Consent Decree shall

be for two years.

SO ORDERED, ADJUDGED AND DECREED this z...5~day of -'-f_o(_-=....;~__ &.M __
2001.

rJd;J Dated this

day of March 2001.

APPROVED AS TO FORM AND SUBSTANCE:

Counsel for Plaintiff, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION:

Counsel for Defendant: PARFUMS DE COEUR, LTD., INC.

ROBERT A. CANINO Regional Attorney Oklahoma Bar No. 011782 SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470 EVELYN R. MAIBEN Sr. Trial Attorney Alabama Bar No. MA1003 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 207 South Houston Dallas, Texas 75202 (214) 655-3336 (214) 655-3331 (fax)

OAf .DARGENE'Te>G s Bar No. 05384200 JANA M. FERGUSON Texas Bar No. 24002081 Winstead Sechrest & Minick P.C. 5400 Renaissance Tower 1201 Elm Street Dallas, TX 75270 (214) 745-5400 (214) 745-5390 (fax)

EQUAL EMPLOYMENT POLICY

It is the Company's policy to maintain a working environment free from all forms of discrimination and harassment of any employee or applicant for employment, based upon race, sex, religion, national origin, age, disability, or veteran status. Discrimination in any manner or form is expressly prohibited and will not be tolerated. The Company is committed to vigorously enforcing this policy against discrimination. This policy applies to all aspects of employment including, but not limited to, recruitment, selection, hiring, training, promotions, transfers, discipline/counseling, pay rates, benefit plans, terminations, and all other forms of compensation and benefits. The Company is also committed to compliance with the Americans with Disabilities Act of 1990 and will provide reasonable accommodation to applicants and employees when such reasonable accommodations do not impose an undue hardship on the Company.

All reported or suspected occurrences of discrimination will be promptly and thoroughly investigated. Where discrimination is determined to have occurred, the Company will take appropriate disciplinary action, including possible suspension, transfer and/or termination.

ANTI-HARASSMENT POLICY

Harassment is defined to include any unwelcome conduct directed toward an employee or applicant based upon that individual's race, sex, pregnancy, religion, national origin, age, disability, or veteran status. Sexual harassment is more broadly defined to include any unwelcome and unsolicited sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature where:

1. Submission to such conduct is an explicit or implicit term or condition of employment; or
2. Employment decisions are based on an employee's submission to or rejection of such conduct; or
3. Such conduct interferes with an individual's working performance or creates an intimidating, hostile or offensive working environment.

The Company considers the following conduct to represent some of the types of actions which may violate this sexual harassment policy:

A. Physical assaults of a sexual nature;

ATTACHMENT "A"

B. Unwanted sexual advances, propositions, innuendos or other sexual comments, i.e., unwanted sexual jokes, vulgar language, and sexual gestures;
C. Sexual or discriminatory displays, photographs or publications in any observable location, i.e., any sexually suggestive pictures, cartoons, or photographs.
The above list is not meant to be exhaustive, but is included to provide examples of prohibited actions.
WHAT YOU SHOULD DO IF YOU ARE HARASSED
The purpose of this policy is to provide employees with a convenient, confidential, and reliable method for reporting incidents of harassment. Any employee who feels that he or she has been, or is being harassed, or otherwise discriminated against, must immediately report such incidents to Ed Kaminski at (203) 655-8807. Employees who do not wish to go to Ed Kaminski, may instead report to any supervisor or manager within the company. You will not be penalized in any way for reporting such conduct. All reports of harassment will be treated seriously, promptly investigated and, to the extent possible, confidentiality will be maintained.
Any employee of the Company who is found, after appropriate investigation, to have violated this policy will be subject to disciplinary action up to and including termination.
DUTIES OF EMPLOYEES
All employees of the Company are responsible for assuring that a workplace free of harassment is maintained. Any employee may file a harassment complaint regarding incidents experienced personally or incidents observed in the workplace. Do not assume that the Company is aware of the problem. It is the employee's responsibility to bring the complaints to the attention ofthe Company so that we can helR resolve them. The Company strives to maintain a lawful, pleasant work envi;onmentwhere alI(Jmployees are able to effectively perform their work without interference of any !yp~.
1 I
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CLOSED, JURY, KAPLAN
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:99-cv-02555

Equal Employment Opp v. Parfumes De Couer Assigned to: Judge Sidney A Fitzwater Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff Equal Employment Opportunity Commission

Date Filed: 11/09/1999 Date Terminated: 03/23/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
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

Evelyn R Maiben Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/655-3300 Fax: 214/655-3331 FAX

V.
Defendant Parfumes De Couer Ltd, Inc

represented by Dan C Dargene Winstead Sechrest & Minick Renaissance Tower 1201 Elm St Suite 5400 Dallas, TX 75270-2120 214/745-5400 Fax: 214/745-5390 FAX Email: ddargene@winstead.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Date Filed 11/09/1999 11/09/1999 11/09/1999 11/09/1999 01/18/2000 01/18/2000 02/14/2000 02/14/2000
02/14/2000 07/20/2000 07/20/2000 07/20/2000 07/21/2000
07/21/2000

#

Docket Text

1 COMPLAINT filed; GOVT-NO FEE PAID (4) (lag) (Entered: 11/10/1999)
PRELIMINARY ASSIGNMENT TO Magistrate Judge Jeff Kaplan (lag) (Entered: 11/10/1999)
1 DEMAND for jury trial by plaintiff Equal Employment Opp (lag) (Entered: 11/10/1999)
2 SUMMONS(ES) issued for defendant Parfumes De Couer (ISS-1) (lag) (Entered: 11/10/1999)
3 ANSWER to Complaint by defendant Parfumes De Couer (Attorney Dan C Dargene), (4) (lag) (Entered: 01/19/2000)
4 ORDER REQUIRING PROPOSAL for Contents of Scheduling Order. Proposed scheduling order due 2/18/00 <SEE ORDER FOR SPECIFICS> (signed by SAFitzwater) Copies to counsel: 01.19.00 Page(s): 3 (lag) (Entered: 01/19/2000)
5 JOINT STATUS REPORT by plaintiff Equal Employment Opp, defendant Parfumes De Couer (3) (lch) (Entered: 02/15/2000)
6 SCHEDULING ORDER setting Joining of Parties on 6/1/00 ; Amending of Pleadings on 2/1/01 ; Discovery cutoff 2/1/01 ; Deadline for filing of dispositive motions 3/1/01 ; ( signed by Judge SAFitzwater) Copies to counsel: 2/15/00 Page(s): 3 (lch) (Entered: 02/15/2000)
6 STATUS REPORT ORDER. Status report due on 2/1/01 ( signed by Judge SAFitzwater) Copies to counsel: 2/15/00 Page(s): 3 (lch) (Entered: 02/15/2000)
7 MOTION by plaintiff Equal Employment Opp to quash notice of intention to take deposition by written questiosn (3) (lch) (Entered: 07/20/2000)
8 MEMORANDUM by plaintiff Equal Employment Opp in support of [7-1] motion to quash notice of intention to take deposition by written questiosn (5) (lch) (Entered: 07/20/2000)
9 APPENDIX by plaintiff Equal Employment Opp in support of [7-1] motion to quash notice of intention to take deposition by written questiosn (9) (lch) (Entered: 07/20/2000)
10 ORDER SETTING HEARING in the courtroom of Magistrate Judge Jeff Kaplan Motion hearing set for 10:30 7/28/00 for [7-1] motion to quash notice of intention to take deposition by written questiosn ( signed by USMJ Kaplan) Copies to counsel: 7/24/00 Page(s) 2 (lch) (Entered: 07/24/2000)
11 ORDER OF REFERENCE: [7-1] motion to quash notice of intention to take deposition by written questiosn referred to Magistrate Judge Jeff Kaplan ( Signed by Judge Fitzwater) Copies to counsel: 7/24/00 Page(s): 1 (lch) (Entered: 07/24/2000)

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07/25/2000 07/27/2000
08/09/2000 08/09/2000 08/14/2000
08/16/2000 08/16/2000 08/18/2000 08/25/2000 08/31/2000 09/29/2000 01/12/2001 01/16/2001
01/16/2001 03/23/2001

12 MOTION by defendant Parfumes De Couer to withdraw Notices of Intention to take Deposition by written questions (2) (lch) (Entered: 07/26/2000)
13 ORDER granting [12-1] motion to withdraw Notices of Intention to take Deposition by written questions, mooting [7-1] motion to quash notice of intention to take deposition by written questiosn ( signed by USMJ Kaplan) Copies to counsel: 7/28/00 Page(s) 2 (lch) (Entered: 07/28/2000)
14 MOTION by defendant Parfumes De Couer to compel answers to discovery (15+) (lch) (Entered: 08/10/2000)
15 ORDER OF REFERENCE: [14-1] motion to compel answers to discovery referred to Magistrate Judge Jeff Kaplan ( Signed by Judge Fitzwater) Copies to counsel: 8/10/00 Page(s): 1 (lch) (Entered: 08/10/2000)
16 ORDER Motion hearing set for 10:00 8/18/00 for [14-1] motion to compel answers to discovery Hearing shall be in the courtroom of USMJ Kaplan ( signed by USMJ Kaplan) Copies to counsel: 8/15/00 Page(s) 2 (lch) (Entered: 08/15/2000)
17 RESPONSE by plaintiff Equal Employment Opp to [14-1] motion to compel answers to discovery (10) (lch) (Entered: 08/17/2000)
18 APPENDIX by plaintiff Equal Employment Opp in support of [17-1] motion response (8) (lch) (Entered: 08/17/2000)
19 Minute order: For Dft's Motion to Compel discovery Held before Magistrate Judge Jeff Kaplan; Order to follow by noon on 8/25/00. Court Reporter: Leslie Finn (1) (lch) (Entered: 08/21/2000)
20 ORDER granting [14-1] motion to compel answers to discovery ....see order for specifics ( signed by USMJ Kaplan) Copies to counsel: 8/28/00 Page(s) 2 (lch) (Entered: 08/28/2000)
21 TRIAL SETTING ORDER set docket call for 9/17/01 see order for specifics ( signed by Judge Fitzwater) Copies to counsel: 9/1/00 Page(s) 5 (lch) (Entered: 09/01/2000)
22 TRANSCRIPT filed Court Reporter: Janet Wright Date(s): 8/18/00 Volume(s): 1 Type of proceeding: Hearing on Motion to Compel Discovery (15) USC (lch) Modified on 10/02/2000 (Entered: 10/02/2000)
23 JOINT MOTION to extend time Discovery and Dispositive Motions Deadlines by plaintiff Equal Employment Opp, defendant Parfumes De Couer (3) (lch) (Entered: 01/16/2001)
24 ORDER granting [23-1] joint motion to extend time Discovery and Dispositive Motions Deadlines reset scheduling order deadlines: Discovery deadline on 2/22/01 Deadline for filing of dispositive motions by 3/22/01 ( signed by Judge Fitzwater) Copies to counsel: 1/17/01 Page(s) 1 (lch) (Entered: 01/17/2001)
24 STATUS REPORT ORDER. Status report due on 2/22/01 ( signed by Judge Fitzwater) Copies to counsel: 1/17/01 Page(s): 1 (lch) (Entered: 01/17/2001)
25 Consent Decree/ORDER...Parfums de Coeur agrees to pay $5,000.00 to resolve all claims for damages to Tracy Cantu...The parties to this Consent Decree agree

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03/23/2001

to bear their own costs associated with the above-referenced Complaint. The term of this Consent Decree shall be for 2 years. <see consent decree for specifics> ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 3/26/01 Page(s) 7 (djd) (Entered: 03/26/2001)
Case closed (djd) (Entered: 04/04/2001)

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On November 9, 1999, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a female employee, filed a lawsuit in the Northern District Court of Texas, under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991, as amended, against Parfumes De Couer Limited, Inc.  The EEOC sought reinstatement of the applicant, injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief claiming that the defendant fired the complainant based on her sex because she was pregnant. On March 23, 2001, the District Court entered a consent decree where the defendant, among other things, agreed to pay the complainant $5,000.