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Press Release 01-30-2013

Cappo Management to Pay $85,000 to Settle  EEOC Retaliation Lawsuit

Victory Nissan of Dickson Fired Employees for Protesting Sexual Harassment, Federal Agency Charged

NASHVILLE, Tenn. - Cappo Management, Inc., a Tennessee Corporation and automobile dealership doing business as Victory Nissan of Dickson, will pay $85,000 in monetary damages to resolve a retaliation discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

According to the EEOC's suit, Cappo Management, which operates the automobile dealership in Dickson, Tenn., fired salespersons Korie Dunn, Traci Manor and Carolyn Love because they complained as a group about sexual harassment by their sales manager. A week after their complaint, Cappo Management fired them, allegedly for poor sales, the EEOC said.

Retaliation for complaining about sexual harassment violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit (Civil Action No. 3:12-0239 in U.S. District Court for the Middle District of Tennessee) after first attempting to reach a pre-litigation settlement through its conciliation process.

Besides the monetary relief, the two-year consent decree settling the suit, entered by Chief Judge William J. Haynes, Jr., requires that Cappo Management maintain a written policy against harassment and retaliation and ensure that all employees know of the policy. To further ensure the effective implementation of the policy, the company will also conduct training on the recognition of retaliation and appropriate responses to complaints of retaliation. The decree also requires that Cappo Management post a notice for two years, in a location accessible to all employees, stating that Cappo Management does not tolerate or condone retaliation and that employees may contact EEOC for assistance.

"Title VII and Supreme Court precedent provide that employees have a right to complain about practices they believe are unlawful without repercussions, and the EEOC will continue to act forcefully to protect this right," said Faye Williams, regional attorney of the EEOC's Memphis District Office.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at