Trauger, Judge Aleta

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Consent Decrees Labor and Employment Law Program 
9-19-2006 
Equal Employment Opportunity Commission et al., v. Love's Travel 
Stops & Country Stores, Inc., 
Judge Aleta Trauger 
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Equal Employment Opportunity Commission et al., v. Love's Travel Stops & 
Country Stores, Inc., 
Keywords 
EEOC, Love's Travel Stops and Country Stores Inc., 3:05-cv00768, Consent Decree, Hostile Work 
Environment, Disparate Treatment, Sexual Harassment, Retaliation, Termination, Sex, Female, Retail, Title 
VII, Employment Law 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/724 
IN THE UNITED STATES DISTRICT COURT 
FOR THE MIDDLE DISTRICT OF TENNESSEE 
NASHVILLE DIVISION
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION,
Plaintiff,
and
TRACIE LEWELLEN,
Intervening Plaintiff,
and
MICHELLE MEDINA,
Intervening Plaintiff,
v.
LOVE'S TRAVEL STOPS & COUNTRY 
STORES, INC.,
Defendant.
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) Civil Action No.: 3:05-cv-00768
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CONSENT DECREE
This action was instituted by the Equal Employment Opportunity Commission (hereinafter 
the "Commission") pursuant to §706(f)(l) and (3) of Title VII of the Civil Rights Act of 1964, as 
amended, 42 U.S.C. §2000e, et seq.. and Title I of the Civil Rights Act of 1991, 42 U.S.C. 
§198la, against Defendant, Love’s Travel Stops and Country Stores, Inc., (hereinafter the 
"Defendant").
The Amended Complaint alleges that Defendant violated Section 703(a) of Title VII, 42 
U.S.C. § 2000e, et seq., by discriminating against Michelle Medina, Tracie Lewellen and other
Case 3:05-cv-00768 Document 47 Filed 09/19/2006 Page 1 of 12
female employees because of sex (female) by subjecting them to sexual harassment in the 
workplace and by discharging Ms. Medina and Ms. Lewellen because of sex and in retaliation 
for opposing unlawful discrimination. Ms. Medina and Ms. Lewellen subsequently exercised 
their rights to intervene in this action pursuant to 42 U.S.C. § 2000e-5(f)(l). Defendant has 
denied all allegations brought by the Commission, Ms. Medina and Ms. Lewellen. The parties, 
being desirous of settling this action, stipulate to the jurisdiction of this Court.
This Consent Decree does not and shall not constitute a finding upon the merits of the 
case or an admission by Defendant of any violation of Title VII or any other law, rule, or 
regulation dealing with or in connection with equal employment opportunities. All parties have 
consented to the entry of this Decree to avoid the burdens of further litigation.
In the event this proposed Consent Decree is not approved or does not become final, it 
shall not be admissible in evidence in any subsequent proceeding.
The Court has reviewed the terms of the proposed Consent Decree in light of the 
applicable laws and regulations, the statements and representations 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 Middle District of Tennessee, Nashville Division, 
has jurisdiction over the parties and subject matter of this lawsuit, and will retain jurisdiction 
over this decree for purposes of enforcement and dispute resolution.
2
Case 3:05-cv-00768 Document 47 Filed 09/19/2006 Page 2 of 12
II. SCOPE AND DURATION OF DECREE
A. This Decree resolves all claims and issues arising out of Charge Nos. 253-2004­
02864 and 250-2004-02896, the Commission's Amended Complaint, the Complaint in 
Intervention by Michelle Medina and the Complaint in Intervention by Tracie Lewellen. This 
agreement shall pertain only to matters arising from the aforementioned charges and Complaints 
and shall not be in any manner dispositive of any other charge pending before an office of the 
Commission.
B. The provisions of this Consent Decree will be effective on the date the Decree is 
entered by the Court and 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. INJUNCTIVE RELIEF
A. Defendant, its officers, agents, employees, and all persons acting in concert with 
Defendant agree not to engage in any employment practice which has the purpose or effect of 
discriminating against any employee on the basis of sex pursuant to Title VII of the Civil Rights 
Act of 1964, as amended.
B. In accordance with 42 U.S.C. § 2000e, and all other applicable federal and state 
statutes, Defendant, its officers, agents, employees, and all persons acting in concert with 
Defendant agree not to retaliate against any person because that person has complained of or 
otherwise opposed an allegedly discriminatory employment policy or practice, filed a charge 
with the EEOC or any state or local fair employment practices agency, or participated or 
cooperated in any proceeding under Title VII, including, but not limited to, the initiation, 
investigation, litigation, or administration of this case or this Consent Decree.
3
Case 3:05-cv-00768 Document 47 Filed 09/19/2006 Page 3 of 12
IV. GENERAL RELIEF
A. Defendant shall review and revise as necessary its anti-harassment policy to 
insure that the policy disseminated to employees states at a minimum:
1. A strong and clear commitment to a workplace free of gender and sexual 
harassment;
2. A clear and complete definition of gender and sexual harassment;
3. A clear encouragement of persons who believe they have been harassed 
to report it;
4. A description of the consequences, up to and including termination, that 
will be imposed upon violators of the policy;
5. A statement that, to the extent possible, confidentiality will be observed 
for persons who report their belief that they have been harassed;
6. An assurance of non-retaliation for persons who report their belief that 
they have been sexually harassed, and for anyone who participates in an 
investigation of such a report;
7. A declaration that harassment by all persons, including management 
officials, supervisors, vendors, suppliers, third parties, and customers, is 
prohibited and will not be tolerated;
8. The identification of a specific corporate manager, with telephone number 
and job title, to whom employees who have been harassed can report the 
harassment;
9. Assurances that Love’s will investigate harassment allegations promptly, 
fairly and effectively, and that appropriate corrective action will be taken 
by Love’s to eradicate sexual harassment.
B. This policy shall continue to be disseminated to all new employees of Defendant 
when hired. Each new employee will be required to read and sign an acknowledgement of this 
policy, and Love’s will continue to post the policy in a prominent place frequented by and 
readily accessible to employees.
C. Defendant shall retain a qualified consultant with specialized knowledge of 
employment discrimination law to review and, if necessary, supplement its current mandatory 
Love’s University general manager training on Love’s policies and procedures for eliminating 
and preventing gender discrimination, sexual harassment, and retaliation in the workplace. This
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Case 3:05-cv-00768 Document 47 Filed 09/19/2006 Page 4 of 12
training shall be mandatory for new general managers and shall be incorporated in the Love’s 
University training agenda within ninety (90) days of entry of this Decree.
D. The training shall include (1) the subject of what constitutes gender and sexual 
harassment and retaliation; (2) that Title VII is violated by gender and sexual harassment and 
retaliation with respect to any terms, conditions or privileges of employment; (3) how to prevent 
gender and sexual harassment and retaliation and provide a work environment free from 
unlawful discrimination; and (4) to whom and by what means employees may complain if they 
feel they have been subjected to gender or sexual harassment or retaliation in the workplace.
E. Defendant shall maintain in its Human Resources Department a record of each 
person trained pursuant to paragraph C.
V. INDIVIDUAL RELIEF
A. This Decree is intended to resolve all claims of the Commission and Plaintiff 
Intervenors against Defendant, including alleged, back pay, front pay, compensatory and 
punitive damages, interest, injunctive relief (including, but not limited to, reinstatement), 
attorneys’ fees and costs arising out of the issues in this lawsuit.
B. In order to resolve all issues and claims of employment discrimination and alleged 
damages to Ms. Jamie Edwards which arose or could have arisen from the Amended Complaint 
filed by the Commission, Defendant agrees to pay $42,000.00 (Forty Two Thousand Dollars) in 
compromise of the disputed claim within ten (10) working days of entry of this Decree.
C. In order to resolve all issues and claims of employment discrimination and alleged 
damages to Ms. Catrina Elvington which arose or could have arisen from the Amended 
Complaint filed by the Commission, Defendant agrees to pay $27,000.00 (Twenty Seven
5
Case 3:05-cv-00768 Document 47 Filed 09/19/2006 Page 5 of 12
Thousand Dollars) in compromise of the disputed claim within ten (10) working days of entry of 
this Decree.
D. In order to resolve all issues and claims of employment discrimination and alleged 
damages to Ms. Tracie Lewellen which arose or could have arisen from Charge No. 253-2004­
02896, the Amended Complaint filed by the Commission, and the Complaint in Intervention 
filed by Ms. Lewellen individually, Defendant agrees to pay $112,250.00 (One Hundred Twelve 
Thousand Two Hundred Fifty Dollars) in compromise of the disputed claim within ten (10) 
working days of entry of this Decree.
E. In order to resolve all issues and claims of employment discrimination and alleged 
damages to Ms. Michelle Medina which arose or could have arisen from Charge No. 253-2004­
02864, the Amended Complaint filed by the Commission, and the Complaint in Intervention 
filed by Ms. Medina individually, Defendant agrees to pay $72,250.00 (Seventy Two Thousand 
Two Hundred Fifty Dollars) in compromise of the disputed claim within ten (10) working days 
of entry of this Decree.
F. A portion of the above amounts paid to Ms. Lewellen and Ms. Medina shall be 
attributable to alleged back pay, subject to standard withholdings, and for which a Form W-2 
shall issue. The remainder shall be reported on IRS Form 1099, and the recipients of such 
proceeds shall be responsible for tax ramifications, if any, as a result of receiving such funds.
VI. OTHER RELIEF
A. Defendant agrees to provide Michelle Medina, Tracie Lewellen, Jamie Edwards 
and Catrina Elvington neutral reference letters substantially identical to the form attached as 
Exhibit A. Medina, Lewellen, Edwards and Elvington agree to refer any potential employers to 
Love’s Human Resources Department (1-800-388-0983 #6790) for verification of their
6
Case 3:05-cv-00768 Document 47 Filed 09/19/2006 Page 6 of 12
employment at Love’s. No mention of the charges of discrimination filed by Ms. Medina or Ms. 
Lew eilen, the participation of Jamie Edwards or Catrina Elvington, or the action filed by the 
Commission on behalf of these aggrieved employees shall be disclosed as part of any job 
reference. Pursuant to its existing policy, no individual store employee is authorized by Love’s 
to provide job reference information.
B. Defendant agrees that the personnel files of Mses. Medina, Lewellen, Edwards 
and Elvington shall not contain: (a) references to any charge of discrimination filed against 
Defendant that formed the basis of this action; (b) references to their participation in this action; 
(c) any derogatory document which relates to complaints or investigation of complaints of sexual 
harassment.
VII. NOTICE
A. At all times Defendant shall continue to post and maintain at each of its store 
locations, in a place conspicuous and accessible to all applicants and employees, the poster 
summarizing pertinent provisions of Title VII required by Section 711 of the Civil Rights Act of 
1964, as amended, 42 U.S.C. §2000e-10(a).
B. Defendant shall post and maintain at its Christiana store location (#314), in a 
place conspicuous and accessible to all employees, the notice attached hereto as Exhibit B for the 
term of this Decree.
VIII. REPORTING REQUIREMENTS
A. Within one hundred twenty (120) days of entry of this Decree, Defendant shall 
provide the Commission with written verification that the requirements under Section IV 
(General Relief) have been satisfied.
7
Case 3:05-cv-00768 Document 47 Filed 09/19/2006 Page 7 of 12
B. Copies of the checks (front and back) to Ms. Edwards and Ms. Elvington shall be 
mailed to Celia S. Liner, Senior Trial Attorney for the Equal Employment Opportunity 
Commission, 1407 Union Avenue, Suite 621, Memphis, Tennessee 38104.
C. Love’s will submit a report to Celia Liner at the address indicated above, six 
months after the entry of this decree, and every six months thereafter during the duration of this 
decree. Each report will describe all complaints received during the six month reporting period 
from employees of Love’s working in the State of Tennessee concerning sexual harassment at 
work, including the name, home address, and home telephone number (if known) of each 
employee who complained, the nature of the complaint, what action, if any, was taken in 
response to the complaint, and if no action was taken an explanation of why no action was taken.
IX. ENFORCEMENT
If at any time during the duration of this Decree it is alleged that a violation of its terms 
has occurred, or a dispute arises over its interpretation, prior to taking any action seeking judicial 
relief to enforce this Decree or resolve any dispute over compliance with its terms, the party 
claiming an alleged failure to comply will notify the other party in writing of the alleged failure, 
will afford at least twenty (20) days within which to respond to and/or cure any alleged non­
compliance, and will attempt in good faith to informally resolve those concerns. Notice shall be 
made to undersigned counsel for Defendant and also to Carl Martincich, Director of Human 
Resources, Love’s Travel Stops and Country Stores, Inc., 10601 North Pennsylvania, Oklahoma 
City, OK 73120.
8
Case 3:05-cv-00768 Document 47 Filed 09/19/2006 Page 8 of 12
X, COSTS
The parties shall bear their own costs in this action.
19th September
SO ORDERED THIS___ DAY O F __________, 2006.
ALETA TRAUGER U  
UNITED STATES DISTRICT JUDGE
9
Case 3:05-cv-00768 Document 47 Filed 09/19/2006 Page 9 of 12
BY CONSENT:
FOR DEFENDANT:
DELAINE R. SMITH
FORD & HARRISON, LLP 
795 Ridge Lake Blvd.
Suite 300
Memphis, Tennessee 38120 
(901)291-1500
FOR PLAINTIFF LEWELLEN & 
FOR PLAINTIFF MEDINA:
Qattui iforf?
DONNA L. ROBERTS 
BARBARA J. MOSS
STITES & HARBISON 
424 Church St., Suite 1800 
Nashville, Tennessee 37219 
(615) 782-2200
FOR PLAINTIFF EEOC: 
RONALD COOPER
General Counsel
JAMES L. LEE
Deputy General Counsel
GWENDOLYN YOUNG REAMS
Faye? a. williams,
TN Bar No. 011730 
Regional Attorney
/7
&iok________
TERR0BECK, TN Bar No. 9346 
Supervisory Trial Attorney
CELIA S. LINER, AR Bar. No. 90183 
Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
1407 Union Avenue, Suite 621
Memphis, Tennessee 38104
(901) 544-0075
10
Case 3:05-cv-00768 Document 47 Filed 09/19/2006 Page 10 of 12
To Whom It May Concern:
Ms._______________was employed with Love’s Travel Stops & Country Stores, Inc.
from (Date of Hire) until (Date of Termination) at our store in Christiana, 
Tennessee. Her last job was that of (job title) . Company policies do not permit us to give 
out any other information concerning Ms.____________’s employment.
Very truly yours,
[Signature]
Title:_________________
Love’s Travel Stops & Country Stores, Inc.
EXHIBIT A
11
Case 3:05-cv-00768 Document 47 Filed 09/19/2006 Page 11 of 12
NOTICE
This Notice is being posted as part of an agreement between the United States Equal 
Employment Opportunity Commission and Love’s Travel Stops & Country Stores, Inc.
Federal law requires an employer to maintain a workplace free from harassment based on sex 
(gender), as well as race, color, religion, national origin, age (40 or older), or disability with 
respect to working environment or terms and conditions of employment. It is also a violation of 
Title VII of the Civil Rights Act, 42 U.S.C. §2000e, et seq., to subject any employee to sexual 
harassment.
Love’s Travel Stops & Country Stores, Inc. will comply with this Federal law in all respects and 
will not take any action against employees or applicants for employment because they have 
exercised their rights under the law.
Love’s Travel Stops & Country Stores, Inc. does not tolerate or condone sexual harassment 
against any employee or applicant for employment. Sexual harassment is a violation of company 
policy as well as federal law. Violation of this company policy by anyone employed by Love’s 
Travel Stops & Country Stores, Inc. will result in disciplinary action up to and including 
termination.
Title:
Love’s Travel Stops & Country Stores, Inc.
EXHIBIT B
12
Case 3:05-cv-00768 Document 47 Filed 09/19/2006 Page 12 of 12


Equal Employment Opportunity Commission et al., v. Love\u27s Travel Stops & Country Stores, Inc.,

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1745&amp;context=condec

Equal Employment Opportunity Commission et al., v. Love\u27s Travel Stops & Country Stores, Inc.,

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