Equal Employment Opportunity Commission v. Stevens-Henager College
1:05-cv-00122
D. UtahSep 28, 2005Check TreatmentDocket
Case 1:05-cv-00122-PGC Document1 Filed 09/28/05 PagelD.1 Pagelof9
FILED
U.S. DISTRICT COURT
Mary Jo O'Neill AZ #005924 .
C. Emanuel Smith MS #7473 5 SEP. 28 P 355
Sandra J. Padegimas AZ #011652
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION, Phoenix District Office
3300 North Central Avenue, Suite 690
Phoenix, Arizona 85012
Telephone: (602) 640-5061
sandra.padegimas@eeoc.gov
Attorneys for Plaintiff
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
Judge Dale A. Kimball
DECK TYPE: Civil
DATE STAMP: 09/29/2005 @ 10:47:59
CASE NUMBER: 1:05cV00122 DAK
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,
Plaintiff,
COMPLAINT
(Jury Demand)
STEVENS-HENAGER COLLEGE, INC.,
Defendant.
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NATURE OF THE ACTION
This is an action under the Equal Pay Act of 1963 and Title VII of the Civil Rights
Act of 1964 and Title | of the Civil Rights Act of 1991 to restrain the unlawful payment of
wages to employees of one sex at rates less than the rates paid to employees of the
opposite sex, and to correct unlawful employment practices on the basis of sex. The
Commission alleges that Stevens-Henager College, Inc., paid its female Admissions
Consultants, Rebecca Leigh DeHart, Jennifer Morris, Jana Miller, and Stacy Nelson, at
wage rates which were less than the rates paid to its male employees performing
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substantially equal work, and otherwise discriminates against those female employees
because of their sex. The Commission also alleges that Stevens-Henager, Inc.,
discharged Jennifer Morris because of her sex, female.
JURISDICTION AND VENUE
1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331,
1337, 1343 and 1345. This action is authorized and instituted pursuant to Sections 16(c)
and Section 17 of the Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29
U.S.C. §§ 216(c) and 217, to enforce the requirements of the Equal Pay Act of 1963,
codified as Section 6(d) of the FLSA, 29 U.S.C. § 206(d) (‘EPA’), and pursuant to Section
706(f(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §
2000e-5(f}(1) and (3) § 2000e-5(f)(1) and (3)(‘Title VII"). This action is also authorized and
instituted pursuant to Section 102 of Title | of the Civil Rights Act of 1991, 42 U.S.C.
§ 1981a.
2. The employment practices alleged to be unlawful were committed within the
jurisdiction of the United States District Court for Utah.
PARTIES
3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission",
is the agency of the United States of America charged with the administration,
interpretation and enforcement of the Equal Pay Act and Title VII, and is expressly
authorized to bring this action by Sections 16(c) and 17 of the FLSA, 29 U.S.C. §§ 216(c}
and 217, as amended by Section 1 of Reorganization Plan No. 1 of 1978, 92 Stat. 3781,
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and Public Law 98-532 (1984), 98 Stat. 2705, and by 706(f)(1) and (3) of Title VII, 42
U.S.C. § 2000e-5(f)(1)and (3).
4. At all relevant times, Defendant, Stevens-Henager College, Inc., (the
"Employer"), has continuously been a Utah Corporation, doing business in the State of
Utah and the Cities of Logan, Orem, Ogden, and Salt Lake City, and has continuously had
at least 15 employees.
5. At all relevant times, Defendant Employer has continuously been an
employer engaged in an industry affecting commerce within the meaning of Sections
701(b), (g) and (h) of Title Vil, 42 U.S.C. §§ 2000e(b), (g) and (h).
6. At all relevant times, Defendant Employer has acted directly or indirectly as
an employer in relation to employees and has continuously been an employer within the
meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d).
7. At all relevant times, Defendant Employer has continuously employed
employees engaged in commerce or in the production of goods for commerce within the
meaning of Sections 3(b), (i) and (j) of the FLSA, 29 U.S.C. §§ 203(b), (i) and (j) has
continuously been an enterprise engaged in commerce or in the production of goods for
commerce within the meaning of Sections 3(r) and (s) of the FLSA, 29 U.S.C. §§ 203(r)
and (s) and, in that said enterprise has continuously been an enterprise whose annual
gross volume of sales made or business done is not less than $500,000.
STATEMENT OF TITLE Vil CLAIMS
8. More than thirty days prior to the institution of this lawsuit, Rebecca Leigh
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DeHart and Jennifer Morris filed charges with the Commission alleging violations of Title
Vil by Defendant Employer. All conditions precedent to the institution of this lawsuit have
been fulfilled.
9, Since at least December 9, 2002, Defendant Employer has engaged in
unlawful employment practices at its Ogden, Utah site, in violation of Section 703(a) of Title
VII, 42 U.S.C. § 2000e-2(a) by discriminating against Rebecca Leigh DeHart, Jennifer
Morris, Jana Miller, and Stacey Nelson with respect to their compensation as Admissions
Consultants because of their sex, female, and by terminating Jennifer Morris because of
her sex, female.
10. ‘The effect of the practice complained of in paragraphs 9 above has been to
deprive Rebecca Leigh DeHart, Jennifer Morris, Jana Miller, and Stacey Nelson of equal
employment opportunities and otherwise adversely affect their status as an employee
because of their sex, female.
11. The unlawful employment practice complained of in paragraph 9 above was
intentional.
12. The unlawful employment practice complained of in paragraph 9 above was
done with malice or with reckless indifference to the federally protected rights of Rebecca
Leigh DeHart, Jennifer Morris, Jana Miller, and Stacey Nelson.
STATEMENT OF EPA CLAIMS
13. Since at least December 9, 2002, Defendant Employer violated Sections
6(d)(1) and 15(a)(2) of the FLSA, 29 U.S.C. §§ 206(d)(1) and 215(a)(2), by paying wages
Case 1:05-cv-00122-PGC Document1 Filed 09/28/05 PagelD.5 Page5of9
to Rebecca Leigh DeHart, Jennifer Morris, Jana Miller, and Stacey Nelson, in its Ogden,
Utah facility, at rates less than the rates paid to a male employee in the same
establishment for substantially equal work on jobs the performance of which requires equal
skill, effort, and responsibility, and which are performed under similar working conditions.
During the relevant time period, Defendant Employer paid Ms. DeHart $36 ,000/year,
Jennifer Morris $38,000/year, Jana Miller $43,800/year, and Stacey Nelson $45 ,000/year,
and it paid Patrick Young, a male Admissions Consultant, $48,000/year.
14. As a result of the acts complained of above in paragraph 13, Defendant
Employer unlawfully has withheld and is continuing to withhold the payment of wages due
to Rebecca Leigh DeHart, Jennifer Morris, Jana Miller, and Stacey Nelson.
15. The unlawful practices complained of in paragraph 13 above were willful,
PRAYER FOR RELIEF
Wherefore, the Commission requests that this Court:
A. Grant a permanent injunction enjoining the Defendant Employer, its officers,
successors, assigns and all persons in active concert or participation with it, from (a)
engaging in gender-based disparate compensation and in any other employment practice
which discriminates on the basis of sex and (b) retaliating against employees because they
oppose practices made unlawful by Title Vil or participate in a proceeding pursuant to Title
VII.
B. Grant a permanent injunction enjoining the Defendant Employer, its officers,
successors, assigns and all persons in active concert or participation with it, from (a)
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discriminating within any of its establishments between employees on the basis of sex, by
paying wages to employees of one sex at rates less than the rates at which it pays wages
to employees of the opposite sex for substantially equal work on jobs the performance of
which requires equal skill, effort, and responsibility, and which are performed under similar
working conditions and (b) retaliating against employees because they oppose practices
made unlawful by EPA or participate in a proceeding pursuant to the EPA.
C. Order Defendant Employer to institute and carry out policies, practices and
programs which provide equal employment opportunities for women, and which eradicate
the effects of its past and present unlawful employment practices.
D. Order Defendant Employer to make whole Rebecca Leigh DeHart, Jennifer
Morris, Jana Miller, and Stacey Nelson, by providing appropriate backpay with prejudgment
interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate
the effects of its unlawful employment practices, including but not limited to backpay.
E. Order Defendant Employer to make whole Rebecca Leigh DeHart, Jennifer
Morris, Jana Miller, and Stacey Nelson by providing compensation for past and future
nonpecuniary losses resulting from the unlawful practices complained of in paragraph 9
above, including emotional pain, suffering, loss of enjoyment of life, and humiliation. in
amounts to be determined at trial.
F. Order Defendant Employer to pay Jennifer Rebecca Leigh DeHart, Jennifer
Morris, Jana Miller, and Stacey Nelson punitive damages for its malicious and/or reckless
conduct described in paragraph 9 above, in an amount to be determined at trial.
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G. Grant a judgment requiring Defendant Employer to pay appropriate back
wages in amounts to be determined at trial, an equal sum as liquidated damages, and
prejudgment interest to Rebecca Leigh DeHart, Jennifer Morris, Jana Miller, and Stacey
Nelson whose wages were being unlawfully withheld as a result of the acts complained of
above in paragraph 13.
H. Grant such further relief as this Court deems necessary and proper in the
public interest.
|. Award the Commission its costs of this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by this
Complaint.
James L. Lee
Deputy General Counsel
Gwendolyn Young Reams
Associate General Counsel
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
1801 L Street, N.W.
Washington, D.C. 20507
Case 1:05-cv-00122-PGC Document 1
Paul M. Warner
United States Attorney
Steph Bale_poh-pv
Carlie Christensen
Civil Chief
UNITED STATES ATTORNEY
185 S. State #400
Salt Lake City, Utah 84111
(801) 325-3243
Associated Local Counsel for Plaintiff
Filed 09/28/05
PagelD.8 Page 8 of 9
C. Emanuel Smith
Supervisory Trial Attorney
andra Padegimas
Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
Phoenix District Office
3300 N. Central Ave., Suite 690
Phoenix, Arizona 85012
(602) 640-5061
Attorneys for Plaintiff
Case 1:05-cv-00122-PGC Document1 Filed 09/28/05 PagelD.9 Page9of9
18 44 (Rev. 11/04)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
by local rules of court. This form, approved by the Judicial Conference of the Unmuted States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
the civil docket sheet. {SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) L ED
1. (a) PLAINTIFFS DEFENDANTS _U.S- DISTRICT COURT
Equal Employment Opportunity Commission Stevens-Henager College, Inc.
2005 SEP 28 P 3: 55
County of Residence of First Listed Defendant WEBER
ONUSTRE RE COSEE SIG)
(b) County of Residence of First Listed Plaintiff
(EXCEPT IN US. PLAINTIFF CASES)
NOTE: [IX LAND CONDEMNATION CASES“USE THE LOCATION OF THE
LAND INVORNED.
“ruid CLEA
(c) Attorney’s (Firm Name, Address, and Telephone Number) Attorneys (if Known)
Mary Jo O'Neill, C. Emanuel Smith, Sandra J. Padegimas (602}640-5061
US EEOC, 3300 N, Central Ave, Ste 690; Phoenix, Arizona 85012
IJ. BASIS OF JURISDICTION = (Place an “X” in One Box Only) TH. CITIZENSHIP GF PRINCIPAL PARTIES (Place an“X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
Bio U.S, Government 113 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 © 1 Incorporated er Principal Place O44 O4
of Business In This State
O02 US. Government 4 Diversity Citizen of Another State 12 © 2 Incorporated and Principal Place O5 5
Defendant (Indicate Citizenship of Parties in Item £11) of Business In Another State
Citizen or Subject of a 3 @ 3. Foreign Nation O«¢« O46
Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only)
— a Tw
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES |
7 110 Insurance PERSONAL INJURY PERSONAL INJURY | 610 Agriculture 1 422 Appeal 28 USC 158 01 400 State Reapportionment
OJ 120 Marine 310 Airplane C1 362 Personal {njury - 1 620 Other Food & Drug 01 423 Withdrawal 1 410 Antitrust
17 130 Miller Act O 315 Airplane Product Med. Malpractice (1 625 Drug Related Seizure 28 USC 157 (J 430 Banks and Banking
G3 140 Negotiable Instrument Liability 11 365 Personal Injury - of Property 21 USC 881 OD 450 Commerce
C1 150 Recovery of Overpayment [J 320 Assault, Libel & Product Liability O 630 Liquor Laws PROPERTY RIGHTS 1 460 Deportation
& Enforcement of Judgment Slander 1 36% Asbestos Persenal O 640 RR. & Truck CJ 820 Copyrights (J 470 Racketeer [Influenced and
TT) 1S] Medicare Act 1 338 Federal Employers’ Injury Product 1 640 Airline Regs. OC 830 Patent Corrupt Organizations
C1 152 Recovery of Defaulted Liability Liability (1 660 Occupational C1 840 Trademark 480 Consumer Credit
Student Loans © 340 Marine PERSONAL PROPERTY Safety/Health O 490 Cable/Sat TY
(Excl. Veterans) {J 345 Marine Product 0 370 Other Fraud O01 690 Other 0 810 Selective Service
(1 153 Recovery of Overpayment Liability 371 Truth in Lending LABOR SOCIAL SECURITY 0) 850 Securities/Commadities/
of Veteran's Benefits O 350 Motor Vehicle CJ 380 Other Personal 1 710 Fair Labor Standards C7 861 HIA (139517) Exchange
“I 160 Stockholders’ Suits C1 355 Motor Vehicle Property Damage Act (1 862 Black Lung (923) GO 875 Customer Challenge
O 190 Other Contract Product Liability [9 385 Property Damage (J 720 Labor/Mgmt. Relations | 863 DIWC/DIWW (405()} 12 USC 3410
0 195 Contract Product Liability {1 360 Other Personal Product Liability 730 Labor/Mgmt.Reporting | 864 SSID Title XVI C1 890 Other Statutory Actions
C1 196 Franchise Injury & Disclosure Act 1 865 RSI (405(a4) 1 391 Agricultural Acts
[ REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS |0) 740 Railway Labor Act FEDERAL TAX SUITS 892 Economic Stabilization Act
oJ 216 Land Condemnation O1 441 Voting O) S10 Motions to Vacate =| 790 Other Labor Litigation | 870 Taxes (US. Plaintiff 893 Environmental Matters
(J 220 Foreclosure 447 Employment Sentence O 791 Empl. Ret. Inc. or Defendant) O 894 Energy Allocation Act
0 230 Rent Lease & Ejectment {] 443 Housing/ Habeas Corpus: Security Act 0 871 IRS—Third Party C1 895 Freedom of Information
(J 240 Torts to Land Accommodations 1 530 General 26 USC 7609 Act
17 245 Tort Product Liability 0) 444 Welfare 1 535 Death Penalty 1 900Appeal of Fee Determination
290 All Other Real Property (1 445 Amer. w/Disabilities - [7 $40 Mandamus & Other Under Equal Access
Employment C350 Civil Rights to Justice
1 446 Amer, w/Disabilities - | 555 Prison Condition £7 950 Constitutionality of
Other State Statutes
C1 446 Other Civil Rights
V. ORIGIN (Place an ©X” in One Box Only) . Appeal to District
Z| . 2 03 4... C1 5 Transferred from q ¢ a ry 7 fudge from
Original Removed from Remanded from Reinstated or another district Multidistrict Magistrate
Proceeding State C Appellate Court Reopened (specify) Litigation Judgment
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FB ELS SASL BatAR bay ACP OP PISS HE IM Ee sabe SU and Gy
Brief description of cayse: :
To correct unlawful payment of wages and unlawful employment practices on the basis of sex
VI. CAUSE OF ACTION
VIL REQUESTED IN L] CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER F.R-CP. 23 JURY DEMAND: (Yes No
VI. RELATED CASES).
IF ANY (See instructions): ye au\ b Cay DOCKET NUMBER [OT EV oolly £6 C
DATE . SIGNATURE OF ATTORNEY OF RD
[26/6 Vf etre LA
FOR OFFICE of e — — 7 SS
RECEIPT A AMOUNT APPLYING IFP °
—
Judge Dale A. Kimball
DECK TYPE: Civil
DATE STAMP: 09/29/2005 @ 10:47:59
CASE NUMBER: 1:05CV00122 DAK