Gilbert, Judge Phil J.

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Consent Decrees Labor and Employment Law Program 
1-25-2007 
EEOC v. J.D. Streett & Company, Inc. d/b/a Harrisburg BP 
Judge Phil J. Gilbert 
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EEOC v. J.D. Streett & Company, Inc. d/b/a Harrisburg BP 
Keywords 
EEOC, J.D. Streett & Company, Inc., d/b/a Harrisburg BP, 05-4186 JPG, Consent Decree, Disparate 
Treatment, Sexual Harassment, Sex, Retail, Employment Law, Title VII 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/38 
Case 4:05-cv-04186-JPG-PMF Document 58 Filed 01/25/2007 Page 1 of 10 
IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF ILLINOIS 
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION, et. al, 
Plaintiff, 
v. 
J.D. STREETT & COMPANY, INC., d/b/a 
HARRISBURG BP, 
Defendant. 
CIVIL ACTION NO. 05-4186 JPG 
CONSENT DECREE 
Plaintiff Equal Employment Opportunity Commission (hereinafter the "Commission") 
has instituted this action alleging that J.D. Streett & Company, Inc. (hereinafter the "Defendant" 
or “J.D. Streett”) subjected Beverly Sanders, Connie Stacey, Tamala Buchanan (formerly 
Thompson) and Grace Bellamy to sexually harassing conduct and discrimination in violation of 
Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a). J.D. Streett denies the allegations asserted 
against it by the Commission. 
For purposes of settlement and compromise only, the parties have advised the Court that 
they wish to resolve the instant controversy without the expense, delay, and burden of further 
litigation; 
THEREFORE, it is the finding of this Court, made on the pleadings and on 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 the Title VII will be carried out by 
the implementation of this Decree, (iii) this Decree is intended to and does resolve all matters in 
Case 4:05-cv-04186-JPG-PMF Document 58 Filed 01/25/2007 Page 2 of 10 
controversy in this lawsuit among the 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 as follows: 
I. General Provisions 
1. This Decree, being entered with the consent of the parties for purposes of 
settlement, shall not constitute an adjudication on the merits of this lawsuit and shall not be 
construed as an admission by Defendant of any violation of Title VII or any executive order, 
law, rule or regulation dealing with or in connection with sexual harassment or sex 
discrimination in the workplace, or as a finding by any governmental agency or authority of 
wrongdoing. 
2. Defendant shall not discriminate against its employees with respect to hiring, 
promotion, firing, compensation, or other terms, conditions or privileges of employment on the 
basis of sex. 
3. Defendant shall not discriminate or retaliate against any person because he or she: 
(a) has opposed any practices alleged in this lawsuit as unlawful under Title VII; (b) has 
participated in any investigation by the Commission connected with or leading up to this lawsuit; 
(c) has participated in this lawsuit; or (d) has benefitted or will benefit in any way as a result of 
this Consent Decree. 
II. Relief for Charging Party 
1. Defendant will pay a total of $250,000 ("Settlement Sum") as compensatory 
damages to Beverly Sanders, Connie Stacey, Tamala Buchanan and Grace Bellamy. Within 
twenty (20) days after execution of the Decree, Defendant will mail a check to Kristen Glasford 
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Case 4:05-cv-04186-JPG-PMF Document 58 Filed 01/25/2007 Page 3 of 10 
made payable to the law firm of Rhode & Jackson in the amount of the Settlement Sum. The 
Settlement Sum shall be distributed equally, $62,500 each, to Sanders, Stacey, Buchanan and 
Bellamy, less costs, expenses and attorneys’ fees attributable to each of them. Sanders, Stacey, 
Buchanan and Bellamy shall each execute a waiver of all existing claims against Defendant. The 
terms of said waivers shall be negotiated separately between Defendant and attorneys Kristen 
Glasford and Teresa Machicao Hopkins. 
III. Posting and Policies 
1. Defendant shall post and cause to remain posted the Notice attached hereto as 
Exhibit A, in locations visible to all employees, for a period of two (2) years, starting from the 
date of entry of this Decree, at all convenience stores and/or gas stations owned or operated by 
J.D. Streett. 
2. Defendant shall post and cause to remain posted the Policy on Sexual Harassment 
attached hereto as Exhibit B, in locations visible to all employees, for a period of two (2) years, 
starting from the date of entry of this Decree, at all convenience stores and/or gas stations owned 
or operated by J.D. Streett. 
3. Defendant shall post and cause to remain posted the posters required to be 
displayed in the workplace by EEOC regulation 29 C.F.R. §1601.30 at all convenience stores 
and/or gas stations owned or operated by J.D. Streett. 
4. Defendant shall, within six (6) months from the date of entry of this Decree, 
provide sexual harassment training to all management and non-management employees at all 
convenience stores and/or gas stations owned or operated by J.D. Streett. 
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Case 4:05-cv-04186-JPG-PMF Document 58 Filed 01/25/2007 Page 4 of 10 
IV. Reporting, Record-keeping, and Access 
1. Every six (6) months during the effective period of this Decree, Defendant shall 
provide written notification to the EEOC's Regional Attorney in its St. Louis District Office of 
any internal complaint of sex discrimination or sex harassment, made by any employee any 
convenience stores and/or gas stations owned or operated by J.D. Streett, including the 
name(s) of the employee(s), a description of the investigation of the complaint(s), the finding of 
the investigation and a description of action taken, or resolution of the complaint(s). 
2. Within forty-five (45) days of the entry of this Decree, Defendant shall prepare 
and submit to the EEOC's Regional Attorney in its St. Louis District Office a letter affirming that 
the notices have been posted and that the posters have been posted as required by Section III, 
above. 
3. Within forty-five (45) days of the completion of the training required under 
Section III, subsection 4, Defendant shall prepare and submit to the EEOC's Regional Attorney 
in its St. Louis District Office a letter affirming completion of said training. The letter shall 
include the names of all employees who attended the training. 
V. Term and Effect of Decree 
1. By entering into this Decree the parties do not intend to resolve any charges of 
discrimination currently pending before the Commission other than Charge Numbers 280-2004-
01201 (Sanders) and 280-2004-01225 (Stacey). 
2. This Decree shall be binding upon the parties hereto, their successors and 
assigns. Defendant shall affirmatively notify any purchasers of the obligations of this Consent 
Decree prior to any sale which may take place. 
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Case 4:05-cv-04186-JPG-PMF Document 58 Filed 01/25/2007 Page 5 of 10 
3. This Decree shall be for a period of two (2) years. During the Decree's term the 
Court shall retain jurisdiction of this cause for purposes of compliance. 
4. Each party shall bear that party's own costs and attorneys’ fees, except as stated in 
section II, paragraph 1. 
DATE: January 25, 2007 s/ J. Phil Gilbert 
UNITED STATES DISTRICT JUDGE 
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Case 4:05-cv-04186-JPG-PMF Document 58 Filed 01/25/2007 Page 6 of 10 
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Case 4:05-cv-04186-JPG-PMF Document 58 Filed 01/25/2007 Page 7 of 10 
EXHIBIT A 
(J.D. Streett & Company, Inc. letterhead) 
NOTICE TO EMPLOYEES 
Federal law prohibits discrimination against any employee or applicant for employment 
because of the individual's race, national origin, color, religion, sex, disability or age (forty and 
over) with respect to hiring, promotion, firing, compensation, or other terms, conditions or 
privileges of employment. It also prohibits sexual harassment of employees and retaliation 
against employees because they have opposed practices they believe discriminate or are unlawful 
on the basis of race, national origin, color, religion, sex, disability or age (forty and over) or 
because they have filed charges with the EEOC or participated in or cooperated with an EEOC 
investigation. 
J.D. Streett & Company, Inc. supports and will comply with such Federal law in all 
respects and will not take any action against employees because they have exercised their rights 
under the law. Specifically, J.D. Streett & Company, Inc. will not tolerate sexual harassment or 
discrimination against any employee, with regard to the terms and conditions employment 
because of his or her sex. Furthermore, J.D. Streett & Company, Inc. will not tolerate retaliation 
against any employee because an employee reports, protests or opposes any employment practice 
which is believed by such employee to be unlawful under Federal law. 
Employees should feel free to report instances of sexual harassment or sex discrimination 
to any management official at any time. J.D. Streett & Company, Inc. has established policies 
7 
Case 4:05-cv-04186-JPG-PMF Document 58 Filed 01/25/2007 Page 8 of 10 
and procedures to investigate promptly any such reports and to protect the employee(s) making 
such reports from retaliation. 
President 
J.D. Streett & Company, Inc. 
8 
Case 4:05-cv-04186-JPG-PMF Document 58 Filed 01/25/2007 Page 9 of 10 
EXHIBIT B 
FrM J.D.STREETT 
L \ ^ & COMPANY, INC, 
HARASSMENT POLICY 
IT is the policy ofJ.D, Streetttn hire, train, promote, compensate and ^ minister i l l employment decisions, 
practices and poll ties * idiom regard ID rune, color, se*, pregnancy, age, religion, national origin, disability, 
ancestry or any other fuctar prelected by federal, slale or kical law or ordinance. J.D. Streetl prohibits and will 
not tolerate discrimmaiton against or harassment of am/employee or applicant for employment twenuse they 
are membe ra of any of the aforementioned proiscitd groups or individuals. 
Ail emplosc-ei will be held accountable for tre maintenance of an atmosphere free of harassment or 
discrimination and T±IE elTective administration of this policy. No Supervisor or employee hai arty authority To 
take any action in violation of this policy. 
J.O. Sireeit beli^-Bs that tivery employie has tile right m uwork in An environment t rwo f sekuai, racial or other 
prohibited harassment. Such conduct does not advance the purposes of J. D. Streeit; it is also morally wrong, 
and. may subject J.D. Sneeni to legal exposure. Consequently, any employee who engages m this prohibited 
conduct will be tubjett to disciplinary action, up lo and including termination, 
Cumin ti Can&rhuihtg Prohihlii'dSexuutUamssnicia 
1.)ruler guidelines published by the Equal Employment Opportunity Commission, "unwelcome sexual 
advances, requests for seitual favors and other verbal or physical conduct of asexual nature" constitute 
unlawful harassment in the following instances: 
a, when submission to such conduct is made either explicitly or implicit'^ a neim or candincn of 
einp1oymcni;or 
h. uhen submission to or rejection of such conduct by an individual is used as a basis for any employment 
detiiion (c.g, promotion, urn^e incrcme, termination) tdKectinij.iuch individual; or 
c, when such conduct has (he purposes reflect af unreasonably interieriflft with art individual's work 
perfcumanceotcfeantiAti intimidating, hostile or offidisive workingenvironment. 
Without compiling an exhaustive list, The following are illuirraiive of oonduc; that J D- Siieen condemns and 
prohibits under this policy; 
(R) for any person to condii ioi! a bene fit such as a certa i n salary or pw i notion on ibe g rar.cir: g of 
stxual favors or the establishment or continuance of a personal relationship, or to imply to mi 
employee that an award of such a benefit is conditioned upon the granting of sexual favors or 
ihi? establishment ot continuance of a personal retartiorttbip. 
(b) For ajiy employee to state or imply I hat another employee's performance is attributable in 
whole or hi part to the sex of that employee, 
i,t) For any employee to state or imply lhat a fellow employee's promotion in l.D. Sireert 
hierarchy has resulted from the graniing of a senual favor cc retationnliip, 
9 
\v\ \m 
Case 4:05-cv-04186-JPG-PMF Document 58 Filed 01/25/2007 Page 10 of 10 
JLD.STREETT 
& COMPANY, INC. 
Sexual harassment inny involve such maneis. as crude Miami jokes or sexual nanies; sexually suggestive, lewd 
or profane language w giwiu'cs; offensive sexual flirtations and innuendoei; a display o f oJsia&nc, lewd, or 
pornographic tnaoerial; sexual advances; grabbing or touching another individual; or other, simiIBJ demeaning 
and insulting behavior framed on sex. Employees* or J.D, Streett should be aware than the issue o f whether 
vOhiluei constitute;; ie\ua[ harassment or discriminatory conduct may depend an Imw t'nut conduct isifrewfod 
by Elu± employee who is s.uhjected it> ihe conduct. Any employee who initiates or pcisisls in this prohibited 
conduct assumes the risk of violating this policy in the event that (he person who is iiic object of the conduct 
views it as Eiffcrsivr; accprdingiy, such an employee may br subject to disciplmu even if the conduct might not 
liave been i ntE r.dad as arTcri^iv E. 
fe'HdHiv Constituting Prohibited Lthmc, Kcdgiout. Age-Based, Racial, Stxuaf, l*itat>ilit±-R*fattiXi>r Other 
Discriminatory Joking or Epitlwis 
Without compiling an exhaustive list, the fo l l o^ng art illustrative of cemdatt l.D. StrMlt condemns add 
prohibits under this policy; 
(») It i i prohibited for unt employee to brinjj any item. ID the work premises for purposes of A 
racia I. ethn ic, sejLua L re I igious. age-re tilled, d iaab i I ity-relaied Of othe f diRCi[fit inatory joke or 
epithet. 
{d) It is also prohibited for finy employee to use J.D. Slreett property, bulletin boards, e-mail or 
voice mail systems, or dctCLunerris for purptsses oFa racial, eJutic, religious, age-re'ated, 
dissbititv-rfllaTed, yjuciial or wher disc ri mutuary jok* or epithet. 
(e} h is also prohibited for any employee tc cktate J,P. Slicctt property' ur ibe pciHmial properly 
ofanyone rise for purposes-of a racial, dhii ic, religious, agp-relatcd, disability-related, sexual 
or other discrim inatory joke or epithet. 
(d) II is also prohibited lor any employee to irttcror USE, any racial, ethnic, religious, age-relalcd. 
disability-related, Jie*.uul or other disc riminstLHy jokes or epithets al work, or when rcrenring 
ta or about any oilier person, whether an employee or a non-employee. 
Procedure Upvrt Occurrence of Prohibited Conduct 
Any employee who believes he or she has been subjected or exposed to sexual, racial or other prohibited 
harassment or discrimination or subjected ID ethnic, racial, age-related, disability-related, religious, sexual or 
otheir discriminatory jok ing or epiihets or any employee who observes such behavior toward smuttier employe* 
must immediately reponthts activity lo the employee's Manager, (Itel lR Department OUOVor CFO of J,D, 
Strata a] 1 -Hai>rjT8-660a. I f you do not believe 1hese individual J have adequately Addresses your problem. 
please- feel free to cult t hePre te r i t ol"J,L>. Struetrat 1-800-G7S-66Q0. A l l complaints shall be wken. seriously 
and wil l be treated in a confidenl ial maimer to the extent reasa liable. Retaliation of any form against anyone 
who complain* pa-reiiant lothis. policy issfrictl'y prohibited, An investigation shall be made Immediately 
concerning ilny complaint. If the investigation leads I D a determination that the charges are true or there has 
been any improper conduct, totrfctive aclton wriii betaken immetliately. Regardless of the outcumeof the 
invesiigaiiun. no relaliaiion against any employee or other person making a good-faith report o f stm peered 
harassxnenl cr discrjinirmlifrti wilI be io!eratiLd. Approprialc disciplitie \r\II bu dctcrmired and imposed against 
anyone violating this pol^sy d*p*rtdin& « i the scverih/' of the conduct aud ulher pertinent &etos, 
rzrnros 
10 


EEOC v. J.D. Streett & Company, Inc. d/b/a Harrisburg BP

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1037&amp;context=condec

EEOC v. J.D. Streett & Company, Inc. d/b/a Harrisburg BP

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