Fenner, Judge Gary A.

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Cornell University ILR School 
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Consent Decrees Labor and Employment Law Program 
9-11-2007 
EEOC & Camie Neal v. Best Buy Here Pay Here, L.L.C. Best Motor 
Company Leasing, Inc. 
Judge Gary A. Fenner 
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EEOC & Camie Neal v. Best Buy Here Pay Here, L.L.C. Best Motor Company 
Leasing, Inc. 
Keywords 
Equal Employment Opportunity Commission, Camie Neal, 06-5096-CV-SW-GAF, Consent Decree, 
Retaliation, Sexual Harassment, Termination, Sex, Female, Transportation, Employment Law, Title VII 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/390 
IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF MISSOURI 
SOUTHWESTERN DIVISION 
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION and 
CAMIE NEAL, 
Plaintiff/Plaintiff Intervenor, 
Case No. 06-5096-CV-SW-GAF v. 
BEST BUY HERE PAY HERE, L.L.C. 
BEST MOTOR COMPANY LEASING, 
INC., 
Defendants. 
AMENDED CONSENT DECREE 
Plaintiff Equal Employment Opportunity Commission (“EEOC”) commenced this action 
against Defendants Best Buy Here Pay Here, L.L.C. and Best Motor Company Leasing, Inc. 
alleging that Camie Neal was subjected to sexual harassment by her supervisor during her 
employment at Defendant’s dealership in Joplin, Missouri, and discharged in retaliation for her 
complaining about such sexual harassment, in violation of Title VII of the Civil Rights Act of 
1964 and Title I of the Civil Rights Act of 1991 (“Title VII”). Camie Neal (“Plaintiff-
Intervenor”) was permitted by the Court to intervene through private counsel in the EEOC’s suit 
and has asserted sexual harassment and retaliatory discharge claims against Defendants under 
both Title VII and the Missouri Human Rights Act (“MHRA”). 
For purposes of settlement and compromise only, and with no admission of 
liability by Defendants, the parties have advised the Court that they wish to resolve the instant 
controversy without the expense, delay, and burden of further litigation. The parties 
acknowledge that the settlement of this lawsuit and entry of this Consent Decree do not 
constitute and shall not be construed as an adjudication or admission of liability under Title VII, 
the MHRA, or any federal or state law. 
THEREFORE, it is the finding of this Court, made on the pleadings, the record as a 
whole, and upon agreement of the parties, that: (i) this Court has jurisdiction over the parties to 
and the subject matter of this action; (ii) the requirements of Title VII and the MHRA shall be 
carried out by the entering of this Decree; (iii) this Decree is intended to and does resolve all 
matters in controversy in this lawsuit among all parties; and (iv) the terms of this Decree 
constitute a fair and equitable settlement of all issues in this lawsuit. 
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED: 
I. General Provisions 
1. The Consent Decree is being entered by and with the consent of the parties for 
purposes of settlement. 
2. Defendants shall not discriminate against any employee by subjecting such 
employee to sex discrimination, including sexual harassment, at any of Defendants’ dealerships 
or other facilities. 
3. Defendants shall not retaliate against any employee because such employee has: 
(i) opposed any employment practice alleged to constitute unlawful sex discrimination, including 
sexual harassment; (ii) participated in an investigation concerning or related to allegations of 
possible sex discrimination, including sexual harassment; (iii) participated in this lawsuit or the 
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underlying EEOC investigation of the charge which formed the predicate for this lawsuit; and/or 
(iv) benefited in any manner as a result of the Consent Decree. 
II. Relief for Plaintiff-Intervenor 
1. Within ten (10) days of the entry of the Consent Decree by the Court, Defendants shall 
pay an amount totaling $29,000.00, as and for damages and attorneys’ fees in this action, and 
simultaneously deliver by certified mail to William Fleischaker, counsel of record for Plaintiff-
Intervenor Camie Neal, checks totaling such amount along with applicable completed tax 
form(s). 
2. Within ten (10) days of the entry of the Consent Decree by the Court, Defendants 
shall cause Bryan Hunt or other appropriate official to sign a letter of reference for Plaintiff-
Intervenor in the form shown in Exhibit A on company letterhead and deliver such letter by 
certified mail to William Fleischaker, counsel of record for Plaintiff-Intervenor. Defendants 
shall include such signed reference letter in Plaintiff-Intervenor’s permanent personnel file. 
3. In the case of inquiries by prospective employers regarding Plaintiff- Intervenor, 
Defendants shall limit responses to the information contained in such reference letter and make 
copies of such letter available to prospective employers upon request. 
4. Within ten (10) days of the entry of the Consent Decree by the Court, Defendants 
shall mail copies of the checks and signed letter described paragraphs 1 and 2, above, to Rebecca 
S. Stith, Senior Trial Attorney, Equal Employment Opportunity Commission, St. Louis District 
Office, Room 8.100, 1222 Spruce St., St. Louis, MO 63103. 
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III. Injunctive Relief 
1. Defendants shall immediately terminate and shall not re-hire William Eaton. 
2. Within thirty (30) days of the entry of the Consent Decree by the Court, 
Defendants shall distribute to all employees a letter, prepared on company letterhead and signed 
and dated by Bryan Hunt, stating that: (i) sex discrimination and sexual harassment are strictly 
prohibited and will not be tolerated; (ii) employees who engage in sex discrimination or sexual 
harassment conduct will be disciplined up to and including discharge; (iii) employees are 
encouraged and requested to report possible sex discrimination, including sexual harassment, to 
any supervisor or manager and/or to the Equal Employment Opportunity Commission; (iv) 
employees making such reports will not be subject to retaliation by Defendants or any of their 
employees; and (v) any employee found to have engaged in sex discrimination, sexual 
harassment, or retaliation shall be disciplined up to and including discharge. At the time of 
distribution, a copy of such memorandum shall be simultaneously mailed to Rebecca S. Stith, 
Senior Trial Attorney, Equal Employment Opportunity Commission, St. Louis District Office, 
Room 8.100, 1222 Spruce St., St. Louis, MO 63103. 
3. Within thirty (30) days of the entry of the Consent Decree by the Court, 
Defendants shall post in employee break rooms and other locations where such information is 
commonly posted at any and all dealerships or other facilities in Missouri and Arkansas both the 
notice required by EEOC regulation 29 CFR 1601.30, which is set forth in Exhibit B, and the 
Notice attached to the Consent Decree as Exhibit C. The notice required by such regulation 
shall remain posted in perpetuity, as required by law, and such Notice shall remain posted during 
the term of the Consent Decree. 
4 
4. Within ninety (90) days of the entry of the Consent Decree by the Court, 
Defendants shall cause all supervisory and management employees at any and all of Defendants’ 
dealerships and other facilities located in Missouri and Arkansas, including but not limited to 
Nita Osborne and Brent Pilgrim, to attend three (3) hours of sex discrimination and sexual 
harassment training provided by a reputable training vendor. Within thirty (30) days of the entry 
of the Decree by the Court, Defendants shall provide the names and contact information for 
potential training vendors in writing to Rebecca S. Stith, Senior Trial Attorney, EEOC, 1222 
Spruce St., Room 8.100, St. Louis, MO 63103, for review and approval. 
5. Within six (6) months of the entry of the Consent Decree by the Court, 
Defendants shall provide written certification of compliance with the requirements set forth in 
Sections II and III of the Consent Decree to Rebecca S. Stith, Senior Trial Attorney, Equal 
Employment Opportunity Commission, St. Louis District Office, Room 8.100, 1222 Spruce St., 
St. Louis, MO 63103. Such certification shall include copies of any and all documents 
referenced or described in Sections II and III, above, that Defendants have not already provided 
to the EEOC pursuant to the Consent Decree. 
6. During the term of the Consent Decree, Defendants shall provide written notice to 
Rebecca S. Stith, Senior Trial Attorney, Equal Employment Opportunity Commission, St. Louis 
District Office, Room 8.100, 1222 Spruce St., St. Louis, MO 63103, within thirty (30) days of 
the receipt, of any and all internal complaints, whether oral or written, alleging possible sexual 
harassment at any of Defendants’ dealerships or other facilities located in Missouri and 
Arkansas. Such notice shall include the name of the person making the complaint, the date of 
5 
the complaint, the name of the alleged harasser, the nature of the complaint, and the resolution of 
the complaint following Defendants’ investigation. 
7. During the term of the Consent Decree, Defendants shall allow representatives of 
the EEOC to review compliance with the injunctive provisions of the Consent Decree, including 
but not limited to on-site inspection and copying at any and all of Defendants’ dealerships and 
other facilities in Missouri and Arkansas with at least five (5) business days’ written notice from 
the EEOC in advance of any such inspection. 
IV. Term and Effect of Decree 
1. By entering into the Consent Decree, the parties do not intend to resolve any 
charges of discrimination other than the charge filed by the Plaintiff-Intervenor that created the 
jurisdictional foundation for the Complaint and Intervenor Complaint filed in this case. 
2. The Consent Decree shall be in force for a period of three (3) years during which 
term the Court shall retain jurisdiction for purposes of compliance and enforcement. 
3. The Consent Decree shall be binding upon the parties hereto, their successors and 
assigns. Defendants shall notify any successors and assigns, including but not limited to 
purchasers, of the obligations of the Consent Decree prior to the sale of Defendants’ dealerships 
or other facilities in Missouri and/or Arkansas during the three (3) year term of the Consent 
Decree. 
4. The parties shall bear their own costs and attorneys’ fees. 
SO ORDERED: 
s/ Gary A. Fenner 
GARY A. FENNER, JUDGE 
UNITED STATES DISTRICT COURT 
DATED: September 11, 2007 
6 
EXHIBIT A [Company letterhead] 
To Whom It May Concern: 
Camie Neal was employed as a sales person at the Best Buy Here Pay Here Dealership in 
Joplin, Missouri, from to . Ms. Neal’s performance met or 
exceeded expectations in all respects. 
By: 
Bryan Hunt, President 
7 
EXHIBIT B 
TITLE 29-LABOR 
COMMISSION 
PART 1601--PROCEDURAL REGULATIONS--Table of Contents 
Subpart C--Notices to Employees, Applicants for Employment and Union 
Members 
Sec. 1601.30 Notices to be posted. 
(a) Every employer, employment agency, labor organization, and joint 
labor-management committee controlling an apprenticeship or other 
training program that has an obligation under title VII or the ADA shall 
post and keep posted in conspicuous places upon its premises notices in 
an accessible format, to be prepared or approved by the Commission, 
describing the applicable provisions of title VII and the ADA. Such 
notice must be posted in prominent and accessible places where notices 
to employees, applicants and members are customarily maintained. 
(b) Section 711(b) of Title VII makes failure to comply with this 
section punishable by a fine of not more than $110 for each separate 
offense. 
[42 FR 55388, Oct. 14, 1977, as amended at 55 FR 2518, Jan. 25, 1990; 56 
FR 9625, Mar. 7, 1991; 62 FR 26934, May 16, 1997] 
EEOC Publications may be obtained by contacting 1-800-669-3362. 
8 
EXHIBIT C [Company letterhead] 
NOTICE TO EMPLOYEES 
This notice is being posted pursuant to a Consent Decree entered to resolve claims of 
sexual harassment in the case of Equal Employment Opportunity Commission, et al. v. Best Buy 
Here Pay Here, et al., No. 06-5096-CV-SW-GAF, filed in the United States District Court for the 
Western District of Missouri. 
Federal and Missouri laws prohibit discrimination against any employee or applicant for 
employment because of the individual’s disability, race, national origin, color, religion, sex, or 
age (40 and over) with respect to hiring, promotion, firing, compensation, or other terms, 
conditions or privileges of employment. Such laws also prohibit retaliation against employees 
because they have reported or opposed practices that they believe discriminate on the basis of 
disability, race, national origin, color, religion, sex, or age (40 and over), have filed charges with 
the Equal Employment Opportunity Commission (“EEOC”) or other local, state, or federal 
government agency, or have participated in or cooperated with an investigation by the EEOC or 
other local, state, or federal government agency. 
In particular, Federal and Missouri laws prohibit the sexual harassment of employees. 
Best Buy Here Pay Here and Best Motor Company Leasing support and will comply with such 
laws and will not take retaliate or tolerate retaliation against any employee for exercising his or 
her rights under such laws. 
Employees are strongly encourage promptly to report possible discrimination, including 
sexual harassment and retaliation, to any supervisory or management official at any time. 
Employees also may contact the EEOC’s Kansas City Area Office, which is located at Gateway 
Tower II, 4th & State Ave., 9th Floor, Kansas City, KS, 66101, 913-551-5656 or 1-800-669-
4000. The EEOC’s web site is www.eeoc.gov. 
9 


EEOC & Camie Neal v. Best Buy Here Pay Here, L.L.C. Best Motor Company Leasing, Inc.

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1419&amp;context=condec

EEOC & Camie Neal v. Best Buy Here Pay Here, L.L.C. Best Motor Company Leasing, Inc.

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