Case Document1 02/06/2007 Page1of9 IN THE UNITED STATES DISTRICT FOR THE MIDDLE DISTRICT OF LOUISIAEAM w? (and. I i a} Egg! 2% Qatari? EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff CIVIL ACTION NOCLAYTON HOMES, INC., COMPLAINT Defendant JURY DEMAND NATURE OF THE ACTION This action is _brought by the United States Equal Employment Opportunity Commission under Title VII of the Civil Rights Act of 1964, 42 U.S.C. and (3), and Title I of the Civil Rights Act of 1991, 42 1981a, to correct unlawful employment practices on the basis of race, and to provide appropriate relief to Nblvin McNeal who was adversely affected by such practices. As alleged with more particularity in paragraphs 7 through 9 below, the Commission avers that in 2004 Melvin McNeal, a black male, was racially harassed by a co? worker at the Defendant?s former manufactured home retail center at 3268 Airline Highway, Baton Rouge, Louisiana and was subsequently discharged in retaliation for complaining about the racial harassment. Case Document1 02/06/2007 Page20f9 JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. and (3) (?Title and Section 102 of the Civil Rights Act of 1991, as amended, 42 1981a. 2. The employment practices alleged to ix: unlawful were committed within the jurisdiction of the United States District Court for the Middle District of Louisiana. 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 Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. and (3). 4. At all relevant times, Defendant, Clayton Homes, Inc. (the ?Defendant. Employer?? or 'the has continuously. been a Delaware corporation doing business in the State of Louisiana and the City of Baton Rouge, and has continuously had at least 15 employees. Case Documenl 1 02/06/2007 Page 3 019 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), and of Title Vll, 42 U.S.C. 2000e(b>, and STATEMENT or CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Melvin McNeal filed a charge with the Commission alleging Violations of Title VII by Defendant Employer. All administrative conditions precedent to the institution of lawsuit have been fulfilled. 7. From April 19, 2004 through November 30, zoom Defendant Employer engaged in unlawful employment practices against Melvin McNeal at the Defendant's former manufactured home retail center at 3268 Airline highway, Baton Rouge Louisiana in violation of Section 703(a)(1) of Title VII, 42 U.S c. and Section 704 of Title VII, 42 s,c, 2000ee3(a)r 8. The Defendant Employer's unlawful employment practices included frequent, offensive racial harassment by Mr. McNeal's co--worker Ms. called Mr. McNeal "buckwheat," referred to him as "that black man;" told or committed daily jokes that were racially offensive; frequently referred to Mr, McNeal's hair type or skin color; stared at him Case Document 1 02/06/2007 Page 4 of 9 as it he had the plague; rummaged through his desk and intentionally refused to deliver his telephone messages with potential sales leads; openly referred to the sales location as "niggervillc;" openly displayed a poor attitude toward the Defendant's black anc adm'tted to a Contractor On site that she hates "niggers." Much of the racial harassment and Ms. racisL altitude were either obvious or became known in the Defendant Employer's workplace. Moreover, Mri McNeal and one of his fellow CO-workers Morris "Cubby" Stone reported the harassment to their direct superiors, Mirray Hebert and in response, Messrs. hehert and and/or alleged misconduct and either attempted to discipline or conductec individuai investigations of Ms 5 background did, in fact, issue some written discipline to Ms. Nonetheless, Lhe Defendant Employer failed to reasonably prevent and correc: or remedy the racial harassment against Melvin Mchal. the Defendant Employer's Manager -- (formerly responsible icr managing Defendant's iouisiana operations and the former direct superior to Messrs, Hebert a'ld - was made aware or Ms. --Iacist attitude by Mri Hebert and Mr. McNeal's claim that Ms. called him yet - ehee raCist attitude was not important and ultimately did Case Documenl 1 02/06/2007 Page 5 019 nothing in response to Mr. Hebert's negative reports about Ms. In response to Mr. McNeal's allegation that Ms. called him "buckwheat", Messrs, Romero and starkey counseled Ms._ and Mr. McNeal for namercalling in an office argument, yet only issued a "progressive counseling report" to McNeal for multiple acts of alleged misconduct, most of which was unrelated to the office argument. 9. The Defendant Employer's unlawful employment practices also included its termination of Melvin McNeal's employment on November 30, 2004 because of his complaints about Ms. racial harassment. 10. The effect of the practices complained of in paragraphs 7 through 9 above has been to deprive Melvin McNeal of equal employment opportunities and otherwise adversely affect his status as an employee (1) because of his race in violation of Title VII, and in further Violation of Title because he opposed an employment practice made unlawful by Title VII. 11. The unlawful employment practices complained of in paragraphs 7 through 9 above were intentionalr 12. The unlawful employment practices complained of in paragraphs 7 through 9 above were done with malice or with reckless indifference to the federally protected rights of Melvin McNeal . Case Document1 02/06/2007 Page60f9 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 racial? harassment, discriminatory retaliation, and any other employment practice which discriminates on the basis of race and/or which constitutes unlawful retaliation in violation of Title VII. B. Order Defendant Employer to institute and carry out' policies, practices, and programs which provide equal employment opportunities for blacks, and which eradicate the effects of its past unlawful employment practices. C. Order Defendant Employer to make whole Melvin McNeal by providing appropriate compensation for past and future pecuniary losses resulting from the unlawful employment practices described ill paragraphs '7 through 53 above, including job search expenses, in amounts to be determined at trial. D. Order Defendant Employer to make whole Melvin McNeal by providing compensation for past and future non?pecuniary losses resulting from the unlawful practices complained of in paragraphs 7 through 9 above, including emotional pain, Case Document1 02/06/2007 Page7of9 suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial. E. Order Defendant Employer to pay Melvin McNeal punitive damages for its malicious and reckless conduct described in paragraphs '7 through 59 above, Lu] amounts 1x) be determined at trial. F. Grant such further relief as the Court deems necessary and proper in the public interest. G. Award the Commission its costs of this action. JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint. RONALD S. COOPER General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG BEAMS Associate General Counsel JIM SACHER Regional Attorney La. Bar Roll No. 14888 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION HOUSTON DISTRICT OFFICE Mickey Leland Federal Building 1919 Smith Street 7 Case Document1 02/06/2007 Page8of9 7th Floor Houston, Texas 77002?8049 Tel: (713)?209?3398 Telefax: (713)?209?3402 N. ELEANOR GRAHAM Senior Trial Attorney La. Bar Roll No. 16946 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans Field Office 1555 Poydras Street, Suite 1900 New Orleans, LA 70112 Tel: (504) 595?2875 (Graham) Fax: (504) 589~6861 or 595?2886 COUNSEL FOR PLAINTIFF U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PLEASE SERVE: Clayton Homes, Inc. through its registered agent Wilmington Trust SP Services, Inc. 1105 N. Market Street Suite 1300 Wilmington, DE 19801 Sis 44 (Rev. 11/04) Case 02/06/2007 Page 9 of 9 The I 44 civil cover sheet and the information contained herein neither re lace nor supplement the ?ling and service of pleadings or other apers as required by law, except as providec? 3y local rules of court. This form, approved by the Judicial Conference 0 the United States in September 1974, is required for the use of Clerk of Court for the purpose of initiating ;he Civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) I. PLAINTIFFS (LS. - atria": County of Residence of First Listed Plaintiff DEFENDANTS pig/neg, . County of Residence of First Listed Defendant 8L9 I OSXCEPT IN US PLAINTIFF CASES) Attomey?s (Firm Name, Address, and Telephone Number) (IN US. PLAINTIFF CASES ONLY) mfg/g NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION or THE LAND INVOLVED. Attorneys (If Known) eel/Val? "1'97? Eddy/Eff) sis!" 5? n. BASIS OF 1 U. S. Government RSDICTON Federal Question (Place an in One Box Only) CITIZENSHIP OF PRINCIPAL an in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) PTF DEF PTF DEF Plaintiff (US. Government Not a Party) Citizen of This State [j Incorporated or Principal Place 4 CI 4 A of Business In This State :1 2 US. Cl 4 Diversity Citizen of Another State CI 2 2 Incorporated and Principal Place 13 5 El 5 Defendant (Indicate Citizenship of Parties in Item Of Busmess in Anether State Citizen or Subject of a 3 CI 3 Foreign Nation Cl 6 Cl 6 Foreign Country IV. NATURE OF (Place an in One Box Only) CONTRACT TORTS BANKRUPTCY OTHER STATUTES 3 1 10 Insurance PERSONAL INJURY PERSONAL INJURY CI 610 Agriculture 13 422 Appeal 28 USC 158 CI 400 State Reapportiomnent 120 Marine CI 310 Airplane 362 Personal Injury - CI 620 Other Food Drug 423 Withdrawal Cl 410 Antitrust 130 Miller Act CI 315 Airplane Product Med. Malpractice Cl 625 Drug Related Seizure 28 USC 157 CI 430 Banks and Banking 140 Negotiable Instrument Liability Cl 365 Personal Injury - of Property 21 USC 881 450 Commerce :3 150 Recovery of Overpayment 320 Assault, Libel Product Liability 630 Liquor Laws PROPERTY RIGHTS 460 Deportation Enforcement of Judgment Slander 13 368 Asbestos Personal Cl 640 RR. Truck 13 820 Copyrights 470 Racketeer Influenced and :1 151 Medicare Act 13 330 Federal Employers? Injury Product 650 Airline Regs. CI 830 Patent Corrupt Organizations 3 152 Recovery of Defaulted Liability Liability CI 660 Occupational [j 840 Trademark 480 Consumer Credit Student Loans 340 Marine PERSONAL PROPERTY Safety/Health 490 Cable/Sat TV (Excl. Veterans) 1:1 345 Marine Product 13 370 Other Fraud 690 Other 810 Selective Service 3 153 Recovery of Overpayment Liability 371 Truth in Lending LABOR SOCIAL SECURITY 850 of Veteran?s Bene?ts CI 350 Motor Vehicle Cl 380 Other Personal El 710 Fair Labor Standards 861 HIA (1395ft) Exchange :1 160 Stockholders? Suits {3 355 Motor Vehicle Property Damage Act I: 862 Black Lung (923) CI 875 Customer Challenge 3 190 Other Contract Product Liability [3 385 Property Damage 720 Labor/Mgmt. Relations El 863 (405(g)) 12 USC 3410 3 195 Contract Product Liability 1] 360 Other Personal Product Liability 730 864 SSID Title XVI 890 Other Statutory Actions :1 196 Franchise Injury Disclosure Act 1:1 865 RSI (405(g)) 891 Agricultural Acts REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 740 Railway Labor Act FEDERAL TAX SUITS Cl 892 Economic Stabilization Act 3 210 Land Condemnation Cl 441 Voting [3 510 Motions to Vacate 790 Other Labor Litigation [3 870 Taxes (US. Plaintiff 893 Environmental Matters 3 220 Foreclosure 442 Employment Sentence 791 Empl. Ret. Inc. or Defendant) 894 Energy Allocation Act 3 230 Rent Lease Ejectinent 13 443 Housing/ Habeas Corpus: Security Act i3 871 IRS?Third Party 895 Freedom of Information :1 240 Torts to Land Accommodations Cl 530 General 26 USC 7609 Act 3 245 Tort Product Liability 444 Welfare 535 Death Penalty 13 900Appeal of Fee Detenninatiot 3 290 All Other Real Property 445 Amer. w/Disabilities - 540 Mandamus Other Under Equal Access Employment [3 550 Civil Rights to Justice CI 446 Amer. w/Disabilities - CI 555 Prison Condition CI 950 Constitutionality of Other State Statutes 440 Other Civil Rights V. ORIGIN (Place an in One Box Only) 15433631 Transferred from 6 7 Ju ge from Original Removed from Remanded from Reinstated or another district Multidistrict Magistrate Proceeding State Court Appeilate Court Reopened (specify) Litigation Judgment VI. CAUSE OF ACTION VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND Cite the St?tegn?ej whicl?gogarggn? goeni: jgfgi?tilogagtatcut?sgnless diversty): Briefdescri?on?o?cgse. m! Ml ?g CHECK YES only if f. demanded in complaint: COMPLAINT: UNDER F-R-C-P- 23 JURY DEMAND: Yes No RELATED IF ANY (See instructions). JUDGE DOCKET NUMBER 290? FOR OFFICE USE ONLY RECEIPT AMOUNT SIGNATURE OF ATTORNEY OF RECOR (?va ?53 . APPLYING IFP JUDGE 33mm. .. MAG. JUDGE