This case was last updated from U.S. District Courts on 11/17/2022 at 11:24:19 (UTC).

Equal Employment Opportunity Commission v. Keystone Foods LLC

Case Summary

On September 21, 2021, U.S. Equal Employment Opportunity Commission ("Commission” or "EEOC" or “Plaintiff”), represented by George Hayek, Gerald L. Miller, Gina E. Pearson, Kurt S. Fischer of U.S. Equal Employment Opportunity Commission, and Marsha L. Rucker of EEOC, filed a civil rights lawsuit against Tyson Foods, Inc., d/b/a Keystone Foods-Eufaula Division, LLC, formerly known as Equity Group-Eufaula Division, LLC ("Tyson") (collectively, “Defendants”), represented by Patrick D. Schach and Stacey T. Bradford of Littler Mendelson LLC, seeking damages and alleging violation of Title VII. This case was filed in U.S. District Court for the Middle District of Alabama with Judges Jerusha T. Adams and Myron H. Thompson presiding. 

The complaint stated that “from on or about June 8, 2015 until on or about December 28, 2015, Moore was employed by Defendant's predecessor in interest, Equity Group-Eufaula Division, LLC, d/b/a Keystone Foods (‘Keystone’), at its facility in or near Eufaula, Alabama. On or about July 27, 2016, Moore filed a charge with the Commission against Keystone, alleging she had been forced to resign from her employment with Keystone in December 2015 because of her sex (pregnancy) and pregnancy-related disability, and the company had refused to rehire her after she was cleared to return to work.”

The complaint also stated that “the Commission investigated that charge, found reasonable cause to believe that Moore had been unlawfully discriminated against and, on November 28, 2018, reached an agreement with Keystone resolving that charge and providing relief to Moore. On or about August 29, 2019, Moore learned that Defendant was advertising to fill vacant positions at its Eufaula, Alabama, facility. On that date, Moore applied for one of the open positions with Defendant in person at a job fair at the Eufaula Career Center.”

Plaintiff alleged that “on the same date, at the job fair, Moore was interviewed by one of Defendant's Human Resources Generalists, Lisa Hicks, and was offered employment in Defendant's x-ray department to fill one of several open x-ray department positions at the Eufaula facility. Moore met all qualifications for the position, was eligible for rehire, and accepted the job offer.”

Plaintiff then alleged that “Defendant, in fact, determined not to hire Moore because of her previous EEOC charge, and did not rehire Moore, even though she was fully eligible for rehire according to Defendant's own policies and practices. According to Defendant's records, 29 persons applied for a position with Defendant at the August 29, 2019 job fair, including Moore. Defendant made conditional offers that day to 27 applicants, including 17 applicants who, like Moore, were potential rehires. Moore was the only potential rehire not hired.”

Plaintiff presented one claim for alleging violation of section 704(a) of Title VII. 

In the prayer for relief, Plaintiff requested damages and injunctive relief.

This is a summary of a legal complaint. All statements, claims, and allegations listed herein reflect the position of the plaintiff only and do not represent the position of UniCourt. Additionally, this case summary may not reflect the current position of the parties to this litigation or the current status of this case. To view the latest case updates and court documents, please sign up for a UniCourt account.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00629

  • Filing Date:

    09/21/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Civil Right - Employment Discrimination

Judge Details

Referral Judge

Jerusha T. Adams

Presiding Judge

Myron H. Thompson

 

Party Details

Plaintiff

Equal Employment Opportunity Commission

Defendant

Keystone Foods LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Marsha Lynn Rucker

Attorney at EEOC-Birmingham District

1130 22Nd Street South, Ridge Park Place

Birmingham, AL 35205

George Hayek

Attorney at United States Equal Employment Opportunity Commission

1130 22Nd Street South; Suite 2000

Birmingham, AL 35205

Gerald Lee Miller

Attorney at U.S. Equal Employment Opportunity Commission

Ridge Park Place- Suite 2000, 1130 22Nd Street, South

Birmingham, AL 35205

Gina Elaine Pearson

Attorney at Equal Employment Opportunity Commission

1130 22Nd St. S.

Birmingham, AL 35209

Defendant Attorneys

Patrick Drake Schach

Attorney at Littler Mendelson LLC

420 20Th Street N.; Suite 2300

Birmingham, AL 35203

Stacey Thurman Bradford

Attorney at Littler Mendelson, P.C.

420 20Th Street North, Suite 2300

Birmingham, AL 35203

 

Court Documents

1 #1

Main Document

#26

(#26) CONSENT DECREE: as further set out in Order. Signed by Honorable Judge Myron H. Thompson on 11/16/2022. (am, ) (Entered: 11/16/2022)

#25

(#25) ORDER: it is ORDERED that the joint #22 motion for entry of consent decree is granted. Signed by Honorable Judge Myron H. Thompson on 11/16/2022. (am, ) (Entered: 11/16/2022)

#24

DOCUMENT UNAVAILABLE

22 #1

Exhibit 1 Proposed Consent Decree

#22

(#22) Joint MOTION for Entry of Consent Decree by Equal Employment Opportunity Commission & Keystone Foods LLC. (Attachments: #1 Exhibit 1 Proposed Consent Decree)(Pearson, Gina) Modified on 10/19/2022 to add joint filer, correct event, & clarify text (am, ). (Entered: 10/18/2022)

#21

(#21) ORDER: it is ORDERED that: (1) The #20 motion is granted; (2) Defendant Keystone Foods LLC is substituted for defendant Tyson Foods, Inc., D/B/A/ Keystone Foods-Eufaula Division, LLC, F/K/A/ Equity Group-Eufaula Division, LLC. Signed by Honorable Judge Myron H. Thompson on 10/12/2022. (am, ) (Entered: 10/12/2022)

#20

(#20) Consent MOTION to Substitute Named Defendant by Equal Employment Opportunity Commission. (Pearson, Gina) Modified on 10/12/2022 to clarify text (am, ). (Entered: 10/11/2022)

#18

(#18) MOTION for Kurt Fischer to Withdraw as Attorney by Equal Employment Opportunity Commission. (Fischer, Kurt) Modified on 9/7/2022 to correct mtn event & add attys name to text (cwl, ). (Entered: 08/26/2022)

#17

No Description Available

#16

No Description Available

#15

No Description Available

14 #1

Text of Proposed Order Proposed Protective Order

#14

No Description Available

#13

No Description Available

#12

No Description Available

15 More Documents Available
View All Documents

 

Docket Entries

  • 11/16/2022
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  • Docket(#26) CONSENT DECREE: as further set out in Order. Signed by Honorable Judge Myron H. Thompson on 11/16/2022. (am, ) (Entered: 11/16/2022)

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  • 11/16/2022
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  • Docket(#25) ORDER: it is ORDERED that the joint #22 motion for entry of consent decree is granted. Signed by Honorable Judge Myron H. Thompson on 11/16/2022. (am, ) (Entered: 11/16/2022)

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  • 11/15/2022
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  • Docket(#24) Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Motion Hearing held on 11/15/2022 re #22 MOTION for Entry of Consent Decree filed by Keystone Foods LLC, Equal Employment Opportunity Commission (PDF available for court use only). (Court Reporter Katie Silas.) (ag, ) (Entered: 11/15/2022)

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  • 11/10/2022
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  • Docket(#23) TEXT ORDER: setting a Telephone Conference on 11/15/2022 @ 3:00 PM re: #22 MOTION for Entry of Consent Decree. Signed by Honorable Judge Myron H. Thompson on 11/10/2022. (Furnished: Calendar & AG) (NO PDF attached to this entry)(am, ) (Entered: 11/10/2022)

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  • 10/18/2022
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  • Docket(#22) Joint MOTION for Entry of Consent Decree by Equal Employment Opportunity Commission & Keystone Foods LLC. (Attachments: #1 Exhibit 1 Proposed Consent Decree)(Pearson, Gina) Modified on 10/19/2022 to add joint filer, correct event, & clarify text (am, ). (Entered: 10/18/2022)

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  • 10/12/2022
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  • Docket(#21) ORDER: it is ORDERED that: (1) The #20 motion is granted; (2) Defendant Keystone Foods LLC is substituted for defendant Tyson Foods, Inc., D/B/A/ Keystone Foods-Eufaula Division, LLC, F/K/A/ Equity Group-Eufaula Division, LLC. Signed by Honorable Judge Myron H. Thompson on 10/12/2022. (am, ) (Entered: 10/12/2022)

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  • 10/11/2022
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  • Docket(#20) Consent MOTION to Substitute Named Defendant by Equal Employment Opportunity Commission. (Pearson, Gina) Modified on 10/12/2022 to clarify text (am, ). (Entered: 10/11/2022)

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  • 09/07/2022
  • Docket***PURSUANT TO THE COURT'S 19 TEXT ORDER - Attorney Kurt Sethu Fischer terminated. (No pdf attached to this entry) (cwl, ) (Entered: 09/07/2022)

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  • 09/07/2022
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  • Docket(#19) TEXT ORDER granting #18 Motion for Kurt Fischer to Withdraw as Attorney. Signed by Honorable Judge Myron H. Thompson on 9/7/2022. (No pdf attached to this entry) (cwl, ) (Entered: 09/07/2022)

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  • 08/26/2022
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  • Docket(#18) MOTION for Kurt Fischer to Withdraw as Attorney by Equal Employment Opportunity Commission. (Fischer, Kurt) Modified on 9/7/2022 to correct mtn event & add attys name to text (cwl, ). (Entered: 08/26/2022)

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9 More Docket Entries
  • 01/03/2022
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  • Docket(#9) Corporate/Conflict Disclosure Statement by Tyson Foods, Inc.. (Bradford, Stacey) (Entered: 01/03/2022)

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  • 01/03/2022
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  • Docket(#8) ANSWER to #1 Complaint, by Tyson Foods, Inc..(Bradford, Stacey) (Entered: 01/03/2022)

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  • 12/06/2021
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  • Docket(#7) WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Tyson Foods, Inc. waiver sent on 11/10/2021, answer due 1/10/2022. (Fischer, Kurt) (Entered: 12/06/2021)

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  • 12/06/2021
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  • Docket(#6) NOTICE of Appearance by George Hayek on behalf of Equal Employment Opportunity Commission (Hayek, George) (Entered: 12/06/2021)

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  • 11/18/2021
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  • Docket(#5) REQUEST FOR WAIVER of Service sent to C. T. Corporation System, Registered Agent for Tyson Foods, Inc., d/b/a Keystone Foods-Eufaula Division on 11/10/2021 by Equal Employment Opportunity Commission. Waiver of Service due by 12/9/2021. (Fischer, Kurt) (Entered: 11/18/2021)

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  • 11/10/2021
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  • Docket(#4) NOTICE of Appearance by Kurt Sethu Fischer on behalf of Equal Employment Opportunity Commission (Fischer, Kurt) (Entered: 11/10/2021)

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  • 10/20/2021
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  • Docket(#3) NOTICE of Appearance by Gerald Lee Miller on behalf of Equal Employment Opportunity Commission (Miller, Gerald) (Entered: 10/20/2021)

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  • 09/21/2021
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  • Docket(#2) Corporate/Conflict Disclosure Statement by Equal Employment Opportunity Commission. (dmn, ) (Entered: 09/22/2021)

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  • 09/21/2021
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  • DocketDEMAND for Trial by Jury by Equal Employment Opportunity Commission. (dmn, ) (no pdf, see Doc. #1 ) (Entered: 09/22/2021)

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  • 09/21/2021
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  • Docket(#1) COMPLAINT against Tyson Foods, Inc., filed by Equal Employment Opportunity Commission.(dmn, ) (Attachment(s) added on 9/22/2021 omitted in error at original time of filing: #1 Civil Cover Sheet) (dmn, ). Modified on 9/22/2021. (dmn, ) (Entered: 09/22/2021)

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