United States District Court, W.D. Arkansas, Fayetteville Division
R. ALEXANDER ACOSTA, Secretary of Labor, United States Department of Labor, Plaintiff,
SOLDIERS OF THE CROSS, d/b/a SHEPHERD'S CHAPEL CHURCH and DENNIS MURRAY, individually, Defendants.
Plaintiff has filed his complaint and Defendants, without
admitting they have violated any provision of the
Occupational Safety and Health Act of 1970, have agreed to
the entry of judgment without opposition. The Secretary of
Labor brought this action to enjoin Defendants from violating
Section 11(c) of the Act and for all other appropriate relief
including the payment of lost wages and all other relief
found due to employees of Defendants by reason of
Defendants' actions in alleged violation of the Act. It
is, therefore, upon motion of the Plaintiff and for cause
shown, ORDERED, ADJUDGED and DECREED that Defendant Soldiers
of the Cross, d/b/a Shepherd's Chapel Church, and its
directors, officers, agents, managers, supervisors, servants,
employees and all persons in active concert or participation
with it, be and they hereby are permanently enjoined and
restrained from violating the provision of Section 11(c) of
the Occupational Safety and Health Act of 1970, 29 U.S.C.
§ 651 et seq., hereinafter referred to as the
ADJUDGED and DECREED that Defendant Dennis Murray and his
agents and representatives and all persons in active concert
or participation with him, be and they hereby are permanently
enjoined and restrained from violating the provision of
Section 11(c) of the Occupational Safety and Health Act of
1970, 29 U.S.C. § 651 et seq.,
hereinafter referred to as the Act.
FURTHER ORDERED THAT:
1. Within 10 days after entry of this Consent Judgment,
Defendants shall pay the complainant, Kimberly Camahan, the
sum of $62, 500.00 ($32, 500.00 in back wages, subject to
applicable withholdings, and $30, 000.00 in compensatory
damages for emotional distress) by means of two checks made
payable to Kimberly Carnahan in settlement of this action. In
consideration of Defendants' payment to Kimberly
Carnahan, the parties agree that all matters arising out of
the claims in the Complaint are compromised and settled.
2. Defendants shall not provide any information to a
prospective employer of Kimberly Camahan about Mrs. Camahan
other than her dates of employment, job title, and salary.
3. Defendants shall post a Notice to Employees, attached
hereto as Exhibit A, at its facility for a period of sixty
(60) days. The notice shall be conspicuously posted on a
centrally located bulletin or memo so that all employees may
4. Defendants shall comply with the provisions of the Act and
they shall not, contrary to Section 11 (c)(1) of the Act,
"discharge or in any manner discriminate against any
employee because such employee has filed any complaint or
instituted or caused to be instituted any proceeding under or
related to this Act or has testified or is about to testify
in any such proceeding or because of the exercise by such
employee on behalf of himself or others of any right afforded
by this Act." 29 U.S.C. § 660(c)(1).
further ORDERED that each party bear its or his own
attorneys' fees, costs and other expenses incurred by
such party in connection with any stage of this proceeding,
including, but not limited to, attorneys' fees which may
be available under the Equal Access to Justice Act, as
is unlawful for an employer to discharge or in any manner
discriminate against any employee for the following reasons:
• Because the employee has filed a complaint with OSHA.
• Because the employee has testified or is about to
testify in an OSHA proceeding.
• Because of the employee has exercised any right
afforded by the Occupational Safety and Health Act either on
his own behalf or on behalf of another any person, including
making complaints to an ...