Atlas, Judge Nancy F.

English

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Cornell University ILR School 
DigitalCommons@ILR 
Consent Decrees Labor and Employment Law Program 
9-18-2004 
Equal Employment Opportunity Commission v. Slick Willies of 
America Inc., et al. 
Judge Nancy F. Atlas 
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Equal Employment Opportunity Commission v. Slick Willies of America Inc., et al. 
Keywords 
EEOC, Slick Willies of America Inc., H-04-3584, Consent Decree, Disparate Treatment, Hiring, Sex, Male, 
Service, Title VII, Employment Law 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/540 
IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF TEXAS 
HOUSTON DIVISION
United States Courts 
‘‘ wDlstrlcf —  
ENTERS
SouthOT Dtartgöf Texas
SEP 2 0 2004
fiSkbaal NL Milby, Cleric of Coot
EQUAL EMPLOYMENT OPPORTUNITY §
COMMISSION, §
Plaintiff §
§
VS. §
§
SLICK WILLIES OF AMERICA INC.; §
SLICK WILLIES FAMILY POOL HALL INC.; §
8471 INC.; 6969 GULF INC.; 1200 INC,; §
11852 INC.; 11312 INC.; 3895 INC.; §
SLICK WILLIES BAYOU PLACE INC.; §
SLICK WILLIES HOLLISTER POINT INC.; §
12867 INC.; 12138 INC.; AND 20801, INC., §
Defendants §
H -04 -3584
CIVIL ACTION H-04-
JURY TRIALDEMANDED
CONSENT DECREE
Plaintiff, the United States Equal Employment Opportunity Commission ("Commission" 
or "EEOC"), and Defendant, Slick Willies Of Americas USA, Ltd., (collectively known as “Slick 
Willies,” “Slick Willies of America, or Defendant”) agree to entry o f this Consent Decree.
I. Background and History of Proceedings
A. Charging Party, Robert Perry ("Perry”), filed a Charge of Discrimination with the 
Commission on October 23, 2002, alleging Defendant violated Title VII of the Civil Rights Act 
o f 1964, 42 U.S.C. 2000e el seq. ("Title VII"); Charge No. 330 2003 00210.
B. On S e p t . 1 4 ,2 0 0 4 ,  the Commission filed this action alleging that Defendant 
discriminated against Perry and other men because o f their gender in violation of Section 703(a) 
o f Title VII by failing to recruit and hire them because of their gender, male.
C. Slick Willies denied all of the allegations of discrimination lodged by the EEOC.
D. The parties have resolved all issues raised in this litigation and wish to avoid 
protracted and expensive litigation. Accordingly, the parties have agreed to settle this lawsuit.
Neither Defendant’s consent to the entry of this Consent Decree nor any of the terms set forth in 
it shall constitute or be construed as an admission of any Title VII violation. The parties agree 
that this Consent Decree is being entered for the sole purpose of compromising disputed claims 
without the necessity for protracted litigation. This Consent Decree resolves all issues raised in 
the complaint of the EEOC through the date of this Consent Decree, and the parties accept this 
Consent Decree as final and binding among themselves as to the issues resolved herein. This 
Consent Decree shall not constitute an admission, an adjudication or a finding on the merits of 
the case.
E. The Commission and Slick Willies Of Americas stipulate to the jurisdiction of the 
court and the satisfaction of all administrative prerequisites. No party shall contest the 
jurisdiction of this court to enforce this Consent Decree.
F. The parties further waive hearing and entry o f findings of fact and conclusions of 
law on all issues.
IT IS ORDERED that:
1. This Consent Decree is entered in full and complete settlement of any and all claims made by 
the Commission arising out of or asserted in Civil Action H-04-^SC^and the above-referenced 
Charge on behalf of Mr. Perry and a class of male applicants for wait staff and bartender jobs in 
2002 at Slick Willies’ Houston-area facilities.
2. The Company’s employment practice will be maintained and conducted in a manner which do 
not violate Title VII of the Civil Rights Act of 1964, as amended.
3. The attached Notice (Exhibit A) will be posted in a conspicuous area frequented by all 
employees at defendant’s Houston locations for a period of two (2) years commencing within 
thirty (30) calendar days following the date o f this Consent Decree. Defendant agrees to take 
reasonable steps to assure that the Notice will remain in place for the entire period of time.
2
4. Slick Willies will provide an independent experienced training person or group who shall 
provide a program on employment discrimination, including the law relating to Title VII, to all 
management level employees and any other staff involved in recruitment and/or hiring of staff, 
whether characterized as employees, independent contractors or otherwise. The names of all 
attendees will be provided to the Commission, and attendees will be told that discipline will be 
administered to store managers who are found to violate this consent decree and who do not 
adhere to the defendant’s training principles; and attendees will be advised that notices are being 
posted as a reminder about the company’s obligations under Title VII and that the notices will 
remain posted for two (2) years. The training shall be completed no later than January 31, 2005, 
or within six(6) months from the date the Consent Decree is entered, whichever date is later. 
The person who shall administer the training will be either attorney!s) or person(s) possessing at 
least five years of experience in labor and employment law. Written acknowledgment of receipt 
o f the training shall be obtained by Defendant from all individuals attending the training and 
retained among the employment records of Defendant.
5. Within one (1) week after the entry of this Decree, Defendant shall establish a restricted 
escrow bank account at Southern National Bank for the sole purpose of disbursement of 
settlement funds. Charging Party will be paid back pay, minus interim earnings, as other class 
members, within one (1) week after defendant receives the Commission’s calculation of 
Charging Party’s back pay. Within two weeks after the Commission identifies the class 
members, pursuant to paragraph 7 of the Consent Decree, Defendant shall fund that escrow 
account by placing therein the entire settlement fund of $49,000, minus what has already been 
paid to Charging Party. Any interest accrued from that account shall be paid to the class.
6. The Commission will develop a list of persons to whom settlement checks will be made
payable. If up to $5,000 remains undistributed, that money shall revert to the company to be
used to defray the cost of training, pursuant to paragraph 4. Any balance over $5,000 after
3
disbursal to class members and Charging Party will be donated to charity regarding placement of 
persons in employment and to be mutually selected by the parties.
7. The Commission shall have until 120 days from the entry of this Decree to identify all class 
members and notify defendant of their identification. The list of the known class members will 
include their names and home addresses. Defendant shall begin preparing checks to the identified 
class members within 30 days after receiving notice from the Commission. The checks shall be 
delivered to the Commission for distribution to the class members by the Commission. The 
checks shall be delivered to: Legal Unit, EEOC, 7th Floor, Houston, Texas 77002. Edmond Mah, 
co-owner of defendant, with the assistance of his counsel in the litigation; will file annual reports 
for two (2) years regarding defendant’s efforts to assure affirmative recruitment and hiring of 
qualified male applicants. The defendant will retain its website that shows it is an equal 
employment opportunity employer.
8. Defendant shall not retaliate against any class member who receives a distribution of 
settlement monies.
9. Hiring goals: The Company agrees that it will not discriminate against male applicants, and 
will continue its policy of affirmatively recruiting male applicants for its establishments.
10. Each party to this Consent Decree shall bear their own costs and attorney's fees.
11. Defendant agrees that it is subject to the jurisdiction of the Houston federal court if the 
Commission believes Defendant has violated the terms of this Consent Decree.
12. This Consent Decree shall be binding on Defendant and all of Defendant' subsequent 
successors-in-interest, and Defendant will notify all such subsequent successors-in-interest of the 
existence and terms of this Consent Decree. As used herein, successors-in- interest shall mean a 
company or other entity which succeeds to the corporate entity o f Defendant.
13. Nothing in this Consent Decree shall be construed to preclude the Commission from filing a
separate action in the future on behalf of anyone other than Mr. Perry and the class of male
4
applicants as designated within under Title VII, or any other statute which the Commission 
enforces, for any alleged pending or subsequent violations by Defendant not resolved by this 
Decree.
14. Each signatory certifies that he or she is authorized to execute this document on behalf of the 
party or parties whom they represent.
Signed this t day of September 200 ' ”  '
Sty*-
AGREED AND CONSENTED TO:
ATTORNEY FOR DEFENDANT 
SLICK WILLIES
ATTORNEY FOR PLAINTIFF
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
TBN: 21419900 
1000 Louisiana, Ste. 5400 
Houston, TX 77002 
(713) 750-3100 
fax (713) 750-3101
Houston, TX 77002 
(713) 209-3398 
fax (713) 209 3402 
BN: Texas:
Southern District of Texas No.
HO:46377vl
5
NOTICE REGARDING
EQUAL EMPLOYMENT OPPORTUNITY LAWS
Federal law requires that there be no discrimination against any employee or applicant for 
employment because of the employee’s räce, color, religion, sex, national origin, age or 
disability with respect to compensation, terms, conditions, or privileges of employment. Visit the 
Equal Employment Opportunity Commission at WWW.EEOC.GOV for more information.
Slick Willies supports the enforcement of all laws prohibiting discrimination; and it does not and 
will not interfere with anyone who exercises his/her rights under Title VII of the Civil Rights Act 
o f 1964, as amended, Age Discrimination in Employment Act of 1967, as amended, Equal Pay 
Act of 1963, as amended, Americans with Disabilities Act of 1990, or who files a charge, 
testifies, provides assistance or information, or participates in any manner in an investigation, 
proceeding or hearing relating to charges filed with the Commission.
Specifically, Slick Willies does not and will not tolerate the denial of employment 
or promotion o f an individual because of the individual’s race, color, religion, sex, national 
origin, age or disability. SLICK WILLIES does not and will not engage in any employment 
practices which have the effect of discriminating against its employees because of race, color, 
religion, sex, national origin, age or disability. In the event you feel you have been discriminated 
against, you have duty to report this to Slick Willies’ corporate office, 6222 Richmond, Suite 
500-A, Houston, Texas 77057, telephone number 713-978-7390. SLICK WILLIES encourages 
all employees to visit WWW.EEOC.GOV for more information regarding employment rights.
Signed th is_______ day o f____________________ 2004.
Signature of Respondent Title
EXHIBIT “A”


Equal Employment Opportunity Commission v. Slick Willies of America Inc., et al.

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1553&amp;context=condec

Equal Employment Opportunity Commission v. Slick Willies of America Inc., et al.

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