Kendall, Judge Joe

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Cornell University ILR School 
DigitalCommons@ILR 
Consent Decrees Labor and Employment Law Program 
12-2-1999 
EEOC v. I-20 Animal Medical Center, P.C. 
Judge Joe Kendall 
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EEOC v. I-20 Animal Medical Center, P.C. 
Keywords 
EEOC, I-20 Animal Medical Center, 3:98-CV-2316-X, Consent decree, disparate treatment, retaliation, terms 
and conditions, promotion, advancement, religious, service, employment law, title VII 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/351 
f; ••; ! Casej3:98-cv-02316 Document 43 Filed 12/02/199! •"Page 1 ofc8RlCT COURT 
NORTHERN DISTRICT OF TEXAS 
FILED 
IN THE UNITED STATES DISTRICT COUR 
FOR THE NORTHERN DISTRICT OF TEXAS 
DALLAS DIVISION 
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION, 
Plaintiff, 
v. 
1-20 ANIMAL MEDICAL CENTER, P.C., 
Defendant. 
CIVIL ACTION NO. 
3 98-CV-2316-X 
' U S 
ENTERED ON DOCKET 
Dt£ * # 8 
... 
. DISTRICT CLERK'S OFFICE 
CONSENT DECREE 
This Consent Decree is made and entered into between plaintiff, the Equal Employment 
Opportunity Commission ("EEOC"), and the defendant, 1-20 Animal Medical Center, P.C. ("1-20"), 
collectively referred to as "the parties." 
On September 30, 1998, the EEOC instituted a lawsuit in the United States District Court for 
the Northern District of Texas, Dallas Division, Civil Action Number 3:98-CV-2316-X, against 
Defendant, 1-20. The EEOC alleged that 1-20 engaged in unlawful employment practices in violation 
of Sections 703(a) and 704(a) of Title VII, 42 U.S.C. § 2000e-2(a) and 42 U.S.C. § 2000-3. The 
EEOC alleged that 1-20 subjected the Charging Party, Cynthia Bishop, and Stephanie Brady, Andrea 
LaSalle, Cathy Sisk, Barbara Wheeler, Ronna Winnett, and any other aggrieved individuals to 
disparate terms and conditions of employment. The EEOC alleged that the defendant required its 
employees to conduct themselves in a manner consistent with the teachings of a particular religion and 
to participate in religious activities, including but not limited to religiously influenced course work. 
The EEOC also alleged that 1-20 required the Charging Party and other aggrieved individuals to 
participate in religious activities in order to receive promotions to and/or to retain management 
Case 3:98-cv-02316 Document 43 Filed 12/02/1999 Page 2 of 8 
positions or to be entitled to other benefits of employment. Further, the EEOC alleged that 1-20 
engaged in unlawful employment practices by failing to reasonably accommodate the religious beliefs 
of the named Charging Party and the other aggrieved individuals in this case. In addition, the EEOC 
alleged that 1-20 retaliated against Cynthia Bishop and the aggrieved individuals who opposed its 
unlawful employment practices. Specifically, EEOC alleges that 1-20 subjected employees who 
refused to participate in activities and course work associated with religious teachings and who resisted 
what they believed to be undue influences to discipline, and relegated them to lesser tasks and 
termination and/or constructive discharge. 
1-20 denies that it or any of its agents engaged in any unlawful conduct or violated any of the 
applicants rights under Title VII. 
The parties hereto desire to compromise and settle the differences embodied in this lawsuit, and 
intend that the terms and conditions of the compromise and settlement be set forth in this Consent 
Decree. 
NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, 
the sufficiency of which is hereby acknowledged, the parties agree as follows, the court finds 
appropriate, and therefore, it is ORDERED, ADJUDGED AND DECREED that: 
1. This Court has jurisdiction to enforce the provisions set forth in this Consent Decree. 
2. This Consent Decree resolves all issues raised in EEOC Charge No. 31C-97-0665. 
This Decree 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 in the above 
referenced charge and Complaint. The EEOC does not waive processing or litigating 
charges other than the above referenced charge. 
CONSENT DECREE 2 
Case 3:98-cv-02316 Document 43 Filed 12/02/1999 Page 3 of 8 
3. The parties agree that this Consent Decree does not constitute an admission by 1-20 of 
any violation of Title VII of the Civil Rights Act. 
4. 1-20 agrees that it shall conduct all employment practices in a manner which does not 
subject any employee to discrimination based on religion prohibited by Title VII of 
the Civil Rights Act. 
5. 1-20 agrees that it will not condition promotions, pay raises, or any other job benefits 
on employees' compliance with employer-imposed religious teachings or training. 
6. 1-20 agrees that it will not use training packs and/or course work which contains 
religious teachings or training. 
7. 1-20 agrees that it will not discriminate against, discipline, discharge or otherwise 
retaliate against any employees who raise objections and/or request an accommodation 
of their sincerely held religious beliefs. 
8. 1-20 agrees that, if any employee requests a reasonable accommodation based on 
religion during the term of this Consent Decree, the EEOC will be notified in writing 
by 1-20 within 10 days with the following information: the identity and job title of the 
requestor, the person to whom the request is being made, the date of the request, the 
nature of the request, and the response by 1-20 to the request. 
9. 1-20 agrees to post the Notice appended hereto as Attachment "A" on the employee 
bulletin board at its office within 10 days after the entry of this Consent Decree. 1-20 
will report to the EEOC that it has complied with this requirement within 30 days after 
posting the notice. 
10. For each year that this Consent Decree is in effect, 1-20 agrees to conduct training for 
CONSENT DECREE 3 
Case 3:98-cv-02316 Document 43 Filed 12/02/1999 Page 4 of 8 
all employees of 1-20, including supervisors, managers and hourly workers, advising 
them 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 individuals who 
suspect that they are being discriminated against by 1-20. The training will also advise 
employees, including supervisors and managers, of the consequences imposed upon I-
20 for violating Title VII. The training will also include a specific discussion or 
instruction relating to the issue of religious discrimination and accommodation. The 
training shall be at least two hours in duration. No less than 10 days before the training 
is conducted, 1-20 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. All materials used in conjunction with the training shall be forwarded to the 
EEOC. Within 10 days following the training, 1-20 shall submit to the EEOC 
confirmation that the training was conducted, and a list of all attendees. 
11. 1-20 agrees to remove from all personnel files of Cynthia Bishop, Stephanie Brady, 
Andrea LaSalle, Cathy Sisk, Barbara Wheeler, and Ronna Winnett all documents, 
entries and references relating to: the facts and circumstances which led to the filing of 
Cindy Bishop's charge of discrimination; the charge itself; and the complaint filed by 
the EEOC in federal court based upon Ms. Bishop's charge. 
12. 1-20 agrees to pay the total sum of $150,000.00 to Cindy Bishop, Stephanie Brady, 
Andrea LaSalle, Cathy Sisk, Barbara Wheeler, and Ronna Winnett in settlement of all 
claims whether for compensatory, punitive damages or otherwise. Payment shall be 
made in the form of separate cashiers' checks payable to Cindy Bishop, Stephanie 
CONSENT DECREE 4 
Case 3:98-cv-02316 Document 43 Filed 12/02/1999 Page 5 of 8 
Brady, Andrea LaSalle, Cathy Sisk, Barbara Wheeler, and Ronna Winnett in amounts 
designated by the EEOC. The EEOC will notify 1-20 of the monetary amounts which 
should be designated in each cashier's check within 10 days of the entry of the decree. 
The checks shall be mailed via certified mail to the attention of Devika S. Dubey, 
Senior Trial Attorney, 207 South Houston Street, 3rd Floor, Dallas, Texas 75202 within 
30 days of receipt of such notice. Said individuals will be responsible for all taxes 
associated with said payments. 1-20 will issue a Form 1099 to said individuals and, 
although the settlement payment will be divided into separate amounts for said 
individuals, the sum total of $150,000.00 shall be paid by 1-20 up front at one time. 
13. 1-20 agrees to report to the EEOC within 30 days of entry of this Consent Decree 
regarding its compliance with the arrangements set forth in paragraphs 5 through 12, 
above. 
14. All reports to the EEOC required by this Decree shall be sent to Devika S. Dubey, 
Senior Trial Attorney, EEOC, 207 S. Houston Street, 3rd Floor, Dallas, Texas, 75202. 
15. If 1-20 fails to tender payment or otherwise fails to timely comply with the terms of 
paragraph 12 above, 1-20 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 the defendant. 
16. Neither the EEOC nor 1-20 shall contest the validity of this Consent Decree nor the 
jurisdiction of the federal district court to enforce this Consent Decree and its terms or 
CONSENT DECREE 5 
Case 3:98-cv-02316 Document 43 Filed 12/02/1999 Page 6 of 8 
the right of either party to the Consent Decree to bring an enforcement action upon 
breach of any term of this Consent Decree by either such party. Nothing in this Decree 
shall be construed to preclude the EEOC from enforcing this Decree in the event that 
1-20 fails to perform the promises and representations contained herein. The EEOC 
shall determine whether 1-20 has complied with the terms of this Consent Decree and 
shall be authorized to seek compliance with the Consent Decree through civil action in 
the United States District Court. The EEOC also reserves the right to seek contempt 
sanctions for non-payment and non-compliance with this Court Order. 
17. The effective date of this Decree shall be the date upon which it is signed for approval 
by the Court. 
18. The parties agree to bear their own costs and attorneys' fees associated with this action. 
19. The term of this Decree shall be for three (3) year from the effective date. The Court 
shall retain jurisdiction to enforce the terms of this Decree until the expiration of the 
term of the Consent Decree. 
SO ORDERED, ADJUDGED AND DECREED this <* day of \XM*IL& 1999. 
U.S. DISTRICT COURT JUDGE 
CONSENT DECREE 6 
Case 3:98-cv-02316 Document 43 Filed 12/02/1999 Page 7 of 8 
APPROVED AS TO FORM AND CONTENT: 
FOR THE PLAINTIFF, EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION: 
FOR DEFENDANT, 1-20 ANIMAL 
MEDICAL CENTER, P.C.: 
Robert A. Canino 
Regional Attorney 
Oklahoma State Bar No. 011782 
Lawrence Mays 
Supervisory Trial Attorney 
Ohio State Bar No. 0038288 
/$*- ft 
Mr. Spencer F. Robinson 
Ramsay, Bridgforth, Harrelson & 
Strarling, LLP 
P.O. Box 8509 
Pine Bluff, Arkansas 71611 
Devika S. Dubey 
Senior Trial Attorney 
Hawaii State Bar No. 005599 
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION 
Dallas District Office 
207 S. Houston Street 
3rd Floor 
Dallas, Texas 75202 
(214) 655-3336 
FAX (214) 655-3331 
CONSENT DECREE 7 
Case 3:98-cv-02316 Document 43 Filed 12/02/1999 Page 8 of 8 
NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO AGREEMENT WITH THE U.S. 
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
This Notice is being posted as part of an agreement 
between I-20 Animal Medical Center ("I-20") and the 
U. S. Equal Employment Opportunity Commission ("EEOC"). 
Federal law requires that there be no discrimination against any 
employee or applicant for employment because of the employee's 
race, color, religion, sex, national origin, age or disability with respect 
to hiring, firing, promotions, pay raises or other terms, conditions or 
privileges of employment. Specifically, the law prohibits an employer 
from discriminating against any employee as to the terms and conditions 
of employment based upon religion when an employer conditions a job 
benefit upon the employee's acquiescience to the employer's religious 
beliefs or practices or conditions a job detriment upon the employee's 
objection to the employer's imposition of a particular religious belief or 
practice. The law also prohibits an employer from retailiating aginst 
employees who oppose what they believe to be unlawful employment 
practices. Employers are also prohibited from subjecting employees 
to unwelcome religious practices and are required to take immediate 
remedial and corrective action to end such harassment upon an 
employee's complaint of such treatment. The law also requires 
employers to reasonably accommodate employees who object to the 
imposition of the employer's religious beliefs or practices. 
An employee has the right, and is encouraged to exercise 
that right, to report allegations of religious discrimination in the workplace. 
An employee may do so by notifying the Director of Personnel at 
(817)478-9238. Employees who do not wish to go to the Director of 
Personnel may instead report to any supervisor or manager with 
I-20. Supervisors and managers who are informed of an alleged 
incident must immediately notify the Director of Personnel. 
Any report of such an allegation will be thoroughly 
investigated, with appropriate disciplinary action taken against 
any person(s) found to have engaged in such conduct. 
Any employee, either alternatively or in addition to reporting such 
an allegation to company officials, may contact the Equal Employment 
Opportunity Commission for the purposes of filing a charge of employment 
discrimination. The address and telephone number of the nearest EEOC 
office is 207 South Houston Street, Dallas, Texas 75202; (214) 655-3355. 
DATE COMPANY OFFICIAL 
THIS NOTICE SHALL REMAIN POSTED UNTIL DECEMBER 15, 2002. 
Attachment "A" 


EEOC v. I-20 Animal Medical Center, P.C.

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EEOC v. I-20 Animal Medical Center, P.C.

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