Breen, Judge Daniel

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Cornell University ILR School 
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Consent Decrees Labor and Employment Law Program 
7-2-2003 
Equal Employment Opportunity Commission v. Memphis Lamp, 
Inc. 
Judge Daniel Breen 
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Equal Employment Opportunity Commission v. Memphis Lamp, Inc. 
Keywords 
EEOC, Memphis Lamp Inc., 01-2332-BrA, Consent Decree, Disparate Treatment, Termination, Retaliation, 
Promotions, Hiring, Race, Black, Retail, Employment Law, Title VII 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/562 
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION,
Plaintiff,
v.
MEMPHIS LAMP, INC.,
Defendant.
IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION ;
G l A V . - .
) J-;jLub: 7-4-$3 *rr>
)
)
) CIV. ACTION NO.
) 01-2332-BrA
)
) Jury Trial Demanded
)
)
)
i .
CONSENT DECREE 
Introduction
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 Title VII will be carried 
out by the implementation of this Decree, (iii) this Decree is intended to and does resolve all 
matters in 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.
Plaintiff, Equal Employment Opportunity Commission (hereinafter the 
"Commission"), has instituted this action alleging that Defendant failed to promote Black 
employees into management positions because of their race; failed to hire Black applicants for 
telephone sales and management positions because of their race; terminated Kendra Hardy in
THa docuiMf* tnAarad an tha dwlMfJhed! hrwnpHanca 
WtthRtie 68 and/or 78(a) FRCP on , L  J „
Case 2:01-cv-02332-JDB-dkv Document 93 Filed 07/01/2003 Page 2 of 12
retaliation for her participation in a charge of discrimination she filed against Defendant; and 
failed to compi) with certain record keeping requirements in violation of Title VII of the Civil 
Rights Act of 1964, as amended, 42 U.S.C. Section 2000e et seq. (hereinafter "Title VII").
Defendant has consistently denied each and every one of these allegations.
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 race discrimination, harassment, or 
retaliation in employment.
2. The Defendant, its officers, agents, employees, and all persons acting in concert 
with the Defendant agree that they will not engage in any practices that discriminate based on 
race. Defendant further agrees that it will not take any adverse action against any employee of 
Defendant or any other individual because he or she opposed practices made unlawful under 
Title VII of the Civil Rights Act of 1964 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 Title VII of the Civil Rights Act of 1964.
3. Defendant shall preserve personnel records regarding persons who have been 
employed in Memphis, Tennessee as required by the Commission's regulations found at 29 CFR 
§1602.14. In the event that any Defendant transfers or sells either or both of its operating 
facilities to another person or ceases to operate either or both, said Defendant shall continue to
2
Case 2:01-cv-02332-JDB-dkv Document 93 Filed 07/01/2003 Page 3 of 12
preserve personnel records relating to personnel employed to work in the facility for the period of 
time specified in the regulations.
4. Except as to the employer’s share of F.I.C.A., all tax consequences of the receipt 
of any monetary amounts described herein are the sole responsibility of the recipients thereof.
II. Kendra Hardy
1. Within thirty (30) days of the entry of this Decree, Defendant shall forward to 
Kendra Hardy:
a. A backpay check in the gross amount of $8,125, less only any applicable 
deductions for the employee's portion of FICA and applicable federal and 
state income tax withholdings;
b. A check for compensatory damages, and interest on the backpay in the full 
amount of $8,125; and
c. A statement itemizing the deductions from the backpay check.
2. Within thirty (30) days of the entry of this Decree, Defendant will prepare a letter 
in the form shown in Exhibit A on appropriate company letterhead, will deliver the original 
signed letter to Plaintiffs counsel, and will make a signed copy of the resulting letter part of the 
permanent employment record of Kendra Hardy. In the case of any inquiries by any prospective 
employers regarding Kendra Hardy, Defendant will limit its response to the information 
contained in the aforementioned letter, which shall be available to the prospective employer and 
a copy provided, if requested.
3
Case 2:01-cv-02332-JDB-dkv Document 93 Filed 07/01/2003 Page 4 of 12
III. Irene Patterson
1. Within thirty (30) days of the entry of this Decree, Defendant shall forward to 
Irene Patterson:
a. A backpay check in the gross amount of $3,312.50, less only any 
applicable deductions for the employee's portion of FICA and applicable 
federal and state income tax withholdings;
b. A check for compensatory damages, and interest on the backpay in the full 
amount of $3,312.50; and
c. A statement itemizing the deductions from the backpay check.
2. Within thirty (30) days of the entry of this Decree, Defendant will prepare a letter 
in the form shown in Exhibit B on appropriate company letterhead, will deliver the original 
signed letter to Plaintiffs counsel, and will make a signed copy of the resulting letter part of the 
permanent employment record of Irene Patterson. In the case of any inquiries by any prospective 
employers regarding Irene Patterson, Defendant will limit its response to the information 
contained in the aforementioned letter, which shall be available to the prospective employer and 
a copy provided, if requested.
IV. Release Forms
1. Within thirty (30) days of the entry of this Decree, The Commission will forward 
to Defendant release forms in the form shown in Exhibit C signed by Kendra Hardy and Irene 
Patterson.
V. Posting and Policies
1. Within thirty (30) days of the entry of this Decree, Defendant shall cause the 
notice and policy attached hereto as Exhibit D to be signed by its President and distributed to
4
Case 2:01-cv-02332-JDB-dkv Document 93 Filed 07/01/2003 Page 5 of 12
each and every management official employed at any facility owned and operated by Defendant 
in Memphis, Tennessee. Defendant shall also cause all of the aforementioned officials to sign a 
statement indicating that they have received and read the policy.
2. Within thirty (30) days of the entry of this Decree, Defendant shall post and cause 
to remain posted signed copies of the notice and policy attached hereto as Exhibit D in locations 
publicly visible to all employees in all facilities owned and operated by Defendant within 
Memphis, Tennessee for the term of this Decree.
VI. Reporting, Record-keeping, and Access
1. Within forty-five (45) days of the entry of this Decree, Defendant shall prepare 
and submit to the Commission's Regional Attorney in its Memphis District Office a letter 
indicating that the notice and policy has been signed, posted and distributed as required by 
section V, above. The signed copies of statement(s) from all managers indicating that they have 
read Exhibit D shall be enclosed with the letter. During the term of this Decree Defendant shall 
allow representatives of the Commission to review Defendant's compliance specifically with 
section 1, paragraph 3, of this Decree by inspecting and photocopying relevant documents and 
records, interviewing employees and management officials on their premises, and inspecting 
their premises. Such review of compliance shall be initiated by written notice to the Defendant's 
attorney of record at least five (5) business days in advance of any inspection of a Defendant's 
documents or premises.
VII. 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 the charges that created the 
procedural foundation for the complaint in this case.
5
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.
3. This Decree constitutes the complete and exclusive agreement between the EEOC 
and Memphis Lamp, Inc., with respect to the matters referred to herein. No waiver, 
modification or amendment of any provision of this Decree shall be effective unless made in 
writing. No representations or inducements to compromise this action have been made, other 
than those recited or referenced in this Decree.
4. This Decree shall be for a period of twelve (12) months and can only be extended 
for good cause shown. During the Decree's term the Court shall retain jurisdiction of this cause 
for purposes of compliance. Thereafter, this case shall be dismissed by the Court, with prejudice.
5. Each party shall bear that party's own costs.
Case 2:01-cv-02332-JDB-dkv Document 93 Filed 07/01/2003 Page 6 of 12
6
Case 2:01-cv-02332-JDB-dkv Document 93 Filed 07/01/2003 Page 7 of 12Memphis Lamp Inc.
P.O. BOX 18353 
MEMPHIS, TN. 38181-0353 
3771 PREMIER COVE 
MEMPHIS, TN. 38118-6035 
PHONE 901-360-1942 FAX: 901-542-9489
JUNE 3, 2003
TO WHOM IT MAY CONCERN:
KENDRA HARDY WAS EMPLOYED BY MEMPHIS LAMP, INC. 
BETWEEN 12/8/1993 AND 6/19/2000. DURING MOST OF THAT TIME SHE 
WORKED AS A SHOWROOM CLERK. SHE WAS LAID OFF DUE TO A LACK OF 
WORK.
DAVID MARRS 
PRESIDENT 
MEMPHIS LAMP INC.
Case 2:01-cv-02332-JDB-dkv Document 93 Fited 07/01/2003 Page 8 of 12
P.O. BOX 18353 
MEMPHIS, TN. 38181-0353 
3771 PREMIER COVE 
MEMPHIS, TN. 38118-6035 
PHONE 901-360-1942 FAX: 901-542-9489
JUNE 3, 2003
TO WHOM IT MAY CONCERN:
IRENE PATTERSON WAS EMPLOYED BY MEMPHIS LAMP, INC. 
BETWEEN 5/21/1997 AND 7/27/2001. DURING MOST OF THAT TIME SHE 
WORKED AS A SHOWROOM CLERK. SHE WAS LAID OFF DUE TO A LACK OF 
WORK. HER JOB PERFORMANCE WAS CONSISTENTLY ACCEPTABLE.
DAVID MARRS 
PRESIDENT 
MEMPHIS LAMP INC.
Case 2:01-cv-02332-JDB-dkv Document 93 Filed 07/01/2003 Page 9 of 12
Exhibit C 
Release Form
In consideration of the payment to me pursuant to the Consent Decree entered in EEOC 
v. Memphis Lamp. Inc.. No. 01-2332-GV (W.D. Term.), of which this release is part, I hereby 
fully and forever release and discharge Memphis Lamp, Inc., its successors and assigns, 
including its present and former directors, officers, employees and agents, from any claim or 
obligation based on discrimination or retaliation in violation of Title VII of the Civil Rights Act 
of 1964, as amended, 42 U.S.C. § 2000e, et seg., which was or could have been raised in such 
Civil Action No. 01-2332-GV.
I have read this release and I execute it voluntarily, without coercion or threat of reprisal.
Date Name
Case 2:01-cv-02332-JD B-dkV ^ oCJment93^ ? ed07/0^72OO3 Page 10 of 12
P.O. BOX 18353 
MEMPHIS, TN. 38181-0353 
3771 PREMIER COVE 
MEMPHIS, TN. 38118-6035 
PHONE 901-360-1942 FAX: 901-542-9489
NOTICE TO EMPLOYEES
EQUAL EMPLOYMENT OPPORTUNITY POLICY
It is the policy of Memphis Lamp, Inc., to prohibit discrimination based upon race, color, religion, 
sex, national origin, disability, or age (forty and over) with respect to hiring, promotion, firing, 
compensation, or other terms, conditions or privileges of employment. Any Memphis Lamp, Inc., 
corporate employee or manager found to have treated any employee or applicant for employment 
differently on the basis of race, color, religion, sex, national origin, disability or age shall be subject to 
discipline which could include discharge. Supervisory employees are specifically directed to avoid making 
employment decisions which are based on any of the above factors, and to avoid harassing employees, 
verbally or otherwise, because of such factors.
It is also our policy that employees are entitled to make complaints about actions that they believe 
may be discriminatory. Discrimination complaints may be made to any upper level member of 
management or to any appropriate action against an offending party.
Further it is our policy that employees complaining about discrimination shall not be subject to 
any adverse action as a result of their complaints.
Federal law requires that personnel records made by certain covered employees, such as 
applications, be preserved by the employer for one year from the date of the making of the record or the 
personnel action involved, whichever occurs later. Federal law further requires that personnel records 
relevant to a charge of discrimination filed with the EEOC be retained until such time as proceedings based 
upon the charge have been concluded,
Memphis Lamp, Inc., supports and will comply with such Federal law in all respects.
David Marrs 
President
Memphis Lamp, Inc.
-------Case 2:01-cv-02332-JDB-dkv— Document 93— Filed 07/01/2003— Pago 11 of 12-------------
UNITED STATES DISTRICT COURT - WESTERN DISTRICT OF TENNESSEE
Notice of Distribution
This notice confirms a copy of the document docketed as number 93 in 
case 2:01-CV-02332 was distributed by fax, mail, or direct printing on 
July 3,2003 to the parties listed.
Katharine W. Kores
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
1407 Union Avenue 
Ste. 621
Memphis, TN 38104 
Thomas J. Borek
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
1407 Union Avenue 
Ste. 621
Memphis, TN 38104 
Faye A. Williams
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
1407 Union Avenue 
Ste. 621
Memphis, TN 38104 
Celia S. Liner
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
1407 Union Avenue 
Ste. 621
Memphis, TN 38104 
Jeff Weintraub
WEINTRAUB STOCK & GRISHAM 
Renaissance Center 
1715 Aaron Brenner Dr.
Ste. 512
Memphis, TN 38120
Kenneth O. Cooper 
WEINTRAUB STOCK & GRISHAM 
Renaissance Center 
1715 Aaron Brenner Dr.
Ste. 512
Memphis, TN 38120
Honorable J. Breen 
US DISTRICT COURT
Case 2:01-cv-02332-JDB-dkv Document 93 Filed 07/01/2003 Page 12 of 12


Equal Employment Opportunity Commission v. Memphis Lamp, Inc.

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1591&amp;context=condec

Equal Employment Opportunity Commission v. Memphis Lamp, Inc.

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