Moody, Judge James M.

English

DigitalCommons@ILR

Cornell University ILR School 
DigitalCommons@ILR 
ADAAA Case Repository Labor and Employment Law Program 
3-30-2000 
Equal Employment Opportunity Commission, Plaintiff, v. McKnight 
Plywood, Inc., Defendant. 
Judge James M. Moody 
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Equal Employment Opportunity Commission, Plaintiff, v. McKnight Plywood, Inc., 
Defendant. 
Keywords 
Equal Employment Opportunity Commission, McKnight Plywood Inc., H-C-98-143, Consent decree / 
Settlement, Disparate Treatment, Failure to Accommodate, Termination, Alcoholism, Construction, 
Employment Law, ADAAA 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/adaaa/143 
:SA5 
IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF ARKANSAS 
EASTERN DIVIS 
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION, 
Plaintiff, 
v. 
MCKNIGHT PLYWOOD, INC. 
Defendant. 
CONSENT DECREE 
This action was instituted by the Equal Employment Opportunity 
Commission (hereinafter the "Commission") against the Defendant, 
McKnight Plywood, Inc., pursuant to Section 107(a) of the Americans 
With Disabilities Act of 1990 ("ADA"), 42 U.S.C. §12117(a), which 
incorporates by reference Sections 706(f)(1) and (3) of Title VII 
of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§2000e-
5(f)(1) and (3), and pursuant to Section 102 of the Civil Rights 
Act of 1991, 42 U.S.C. §1981a, to remedy unlawful practices alleged 
in the Complaint filed in this action. 
In the event this proposed Consent Decree is not approved or 
does not become final, then it shall not be admissible in evidence 
in any subsequent proceeding in this action. This Decree shall 
not constitute evidence of any violation by the Defendant of the 
Americans With Disabilities Act, as amended, and shall not be 
J 
CIVIL 
H-C 
ACTION NO. 
-98-143 
admissible in any other civil actions other than actions arising 
out of the rights and obligations of the parties under this Decree. 
This Consent Decree does not constitute an admission by the 
Defendant of the allegations of the Complaint. However, all 
parties to this action desire to avoid the additional expense and 
delay in this litigation of this case. 
The Court has reviewed the terms of the proposed Consent 
Decree in light of the applicable laws and regulations, the 
statements of counsel for all parties, and hereby approves the 
Consent Decree. 
NOW, THEREFORE, the Court being fully advised in the premises, 
it is hereby ORDERED, ADJUDGED AND DECREED: 
I. JURISDICTION 
The United States District Court for the Eastern District of 
Arkansas, Eastern Division, has jurisdiction over the parties and 
subject matter of this litigation. 
II. SCOPE AND DURATION OF DECREE 
A. This Consent Decree resolves all issues and claims 
arising out of the Commission's Complaint in this cause alleging 
unlawful employment policies and practices maintained by the 
Defendant and arising out of Charge No. 251-97-1595 filed by the 
Charging Party Virgil D. Edwards, III with the Commission. 
Notwithstanding any provisions contained in this Decree, this 
agreement shall not be considered in any manner to be dispositive 
of any charge now pending before any office of the Commission other 
than Charge No. 251-97-1595. 
B. The provisions of this Consent Decree shall continue to 
be effective and binding upon the parties to this action for a 
period of two years from the date of the entry of this decree. 
III. NON-DISCRIMINATION PROVISION 
A. The Defendant, its officers, agents, employees, and 
all persons acting in concert with the Defendant shall not fail to 
provide reasonable accommodations to any employee with a disability 
as required by the Americans With Disabilities Act, as amended. 
B. The Defendant, its officers, agents, employees, and 
all persons acting in concert with the Defendant shall not engage 
in any employment practice which has the purpose or effect of 
discriminating against any individual on the basis of a disability 
under the Americans With Disabilities Act. 
C. Defendant agrees to conduct a training session on the 
requirements of the Americans With Disabilities Act for all the 
management employees at Defendant's facility in West Helena, 
Arkansas. This training session will be conducted within ninety 
(90) days of the entry of this decree. A list of the employees 
that attend the training session and a copy of the training 
materials will be provided to Plaintiff within thirty (30) days of 
the training session 
D. Defendant will provide a copy of its Americans With 
Disabilities Act policy to all of its employees at Defendant's 
3 
facility in West Helena, Arkansas, within thirty (30) days of the 
entry of this decree. 
IV. NON-RETALIATION PROVISION 
Defendant, its officers, agents, employees, and all persons 
acting in concert with Defendant shall not take any retaliatory 
measure against Virgil D. Edwards, III or any other person for 
opposing practices made unlawful under the Americans With 
Disabilities Act or for making a charge or complaint to the 
Commission, testifying, assisting, or participating in any manner 
in any investigation, proceeding, or hearing under the Americans 
With Disabilities Act. 
V. NOTICE 
Defendant shall continue to conspicuously post at Defendant's 
facility in West Helena, Arkansas, the notice (poster) required to 
be posted pursuant to the Americans With Disabilities Act, as 
amended. 
VI. INDIVIDUAL RELIEF 
A. Defendant shall expunge from Virgil D. Edwards, III 
personnel records any unfavorable or adverse personnel comments 
regarding any aspect of his employment with Defendant. Defendant 
shall expunge from Mr. Edwards' personnel records any reference to 
EEOC Charge No. 251-97-1595 and Mr. Edwards' participation in this 
litigation. 
B. Defendant agrees that Virgil D. Edwards III shall have an 
unsecured claim in Bankruptcy Case No. 98-20261-M in the amount of 
4 
$5,000.00. Defendant further agrees that it will not contest or 
controvert the claim in any manner. 
C. Defendant agrees to give a neutral reference to any 
potential employers of Virgil D. Edwards, III who request a job 
reference. Any such neutral reference shall be identical to the 
form demonstrated in Appendix A. No mention of Mr. Edwards' charge 
of discrimination or this action will be made as part of the 
neutral reference. 
VII. COSTS 
EEOC and Defendant shall bear their own costs, including 
attorneys' fees. 
SO ORDERED THIS ^ ^ DAY OF X^O c*^ _<-x ^ 20 00. 
W\ m ^ o ^ 
ITED STATES DISTRICT JUDGE 
CN3fo\\Q£> 
5 
COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT 
^fcfcAfty\'/sKji L),(&YQ&~ 
KATHARINE W. KORES 
Regional Attorney 
TERRY BECK 
Supervisory Trial Attorney 
V-
A V ^ A S H , JR. 
Trial Attorney 
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION 
425 W. Capitol, Ste. 625 
Little Rock, AR 72201 
Telephone: (501) 324-5539 
PAMELA B. DIXON 
Trial Attorney 
l-Q/ty> 
^xjzy^J 
BYRON F/REELAND 
Mitchell, Williams, Selig, 
Gates & Woodward 
425 W. Capitol Ave., 
Ste. 1800 
Little Rock, AR 72201 
"McKnight Plywood, Inc 
Dear 
This letter is in response to your inquiry regarding the 
employment of Virgil D. Edwards, III while employed at McKnight 
Plywood, Inc. 
Mr. Edwards worked at McKnight Plywood, Inc. from 
through . Company policy does 
not permit us to give out any more information concerning Mr. 
Edward's employment. 
I am sure Mr. Edwards can provide you with the details 
concerning his tenure at McKnight Plywood, Inc. I hope this 
information is helpful and that it satisfactorily answers your 
inquiry. 
Very truly yours, 
MCKNIGHT PLYWOOD, INC. 
8 
ah 
UNITED STATES DISTRICT COURT 
Eastern District of Arkansas 
U.S. Post Office & Court House 
600 West Capitol, Suite 402 
Little Rock, Arkansas 72201-3325 
March 31, 2000 
* * MAILING CERTIFICATE OF CLERK * * 
Re: 2:98-CV-00143. 
True and correct copies of the attached were mailed by the clerk to the 
following: 
Byron L. Freeland, Esq. 
Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. 
425 West Capitol Avenue 
Suite 1800 
Little Rock, AR 72201-3525 
William A. Cash Jr., Esq. 
Equal Employment Opportunity Commission 
42 5 West Capitol Avenue 
Suite 625 
Little Rock, AR 72201 
Terry Beck, Esq. 
Equal Employment Opportunity Commission 
14 07 Union Avenue 
Suite 621 
Memphis, TN 3 8104 
Katharine W. Kores, Esq. 
Equal Employment Opportunity Commission 
14 0 7 Union Avenue 
Suite 621 
Memphis, TN 38104 
press 
James W. McCormack, Clerk 
3/31/00 
Date: 
A hensley 
BY: 


Equal Employment Opportunity Commission, Plaintiff, v. McKnight Plywood, Inc., Defendant.

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1086&amp;context=adaaa

Equal Employment Opportunity Commission, Plaintiff, v. McKnight Plywood, Inc., Defendant.

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