U.S. Equal Employment Opportunity Commission v. VXI Global Solutions, Inc.

Filing 35

CONSENT DECREE by Judge John F. Walter: Plaintiff U.S. Equal Employment Opportunity Commission and Defendant VXI Global Solutions, LLC previously VXI Global Solutions, Inc. have agreed that this action should be finally settled by entry of this Conse nt Decree. Defendant shall pay a total of $600,000.00 in monetary relief established in a Settlement Fund to which the EEOC shall have sole discretion as to the distribution, within ten days after the Effective Date, or by 7/31/2015, which ever date occurs later. Each Party shall bear its own costs of suit and attorneys' fees. See document for injunctive relief and other details. ( MD JS-6. Case Terminated ) (gk)

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Anna Y. Park, SBN 16424
Sue J. Noh, SBN 192134
Lorena Garcia-Bautista, SBN 234091
Nakkisa Akhavan, SBN 286260
UNITED STATES EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
255 East Temple Street, 4th Floor
Los Angeles, CA 90012
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
UNITED STATES EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

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Thomas Petrides, SBN 117121
Vedder Price
1925 Century Park East, Suite 1900
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]

JS-6

Attorney for Defendant
VXI GLOBAL SOLUTIONS, INC.,
A/K/A VXI GLOBAL SOLUTIONS, LLC

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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)
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)
)
)
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v.
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VXI GLOBAL SOLUTIONS, INC. A/K/A )
VXI GLOBAL SOLUTIONS, LLC
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Defendants
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_____________________________________ )
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,
Plaintiff,

No. 2:14--07444-JFW-RZ
CONSENT DECREE

Honorable John F. Walter
U.S. District Judge

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I.

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INTRODUCTION
Plaintiff U.S. Equal Employment Opportunity Commission (the “EEOC” or

“Commission”) and Defendant VXI Global Solutions, LLC previously VXI Global Solutions,
Inc. (hereinafter “Defendant”) hereby stipulate and agree to entry of this Consent Decree to
resolve the Commission’s Complaint, filed under Title VII of the Civil Rights Act of 1964, as
amended, 42 U.S.C. § 2000e et seq. (“Title VII”). The EEOC alleges Defendant engaged in
unlawful employment practices by subjecting Charging Parties and other similarly situated
individuals to a sexually hostile work environment and/or retaliation in violation of §§703(a) and
704(a) of Title VII, 42 U.S.C. § 2000e-2(a), 2000e-3(a).
II.

PURPOSES AND SCOPE OF THE CONSENT DECREE
A.

In the interest of resolving this matter, the Commission and Defendant

(hereinafter “the Parties”) have agreed that this action should be finally settled by entry of this
Consent Decree (“Decree”). This Decree shall be binding on and enforceable against Defendant
and its officers, directors, agents, successors and assigns. The scope of this Decree is companywide unless otherwise noted. The Parties have entered into this Decree for the following
purposes:
1. To provide appropriate monetary and injunctive relief;
2. To ensure that Defendant’s employment practices comply with Title VII;
3. To ensure a work environment free from sex harassment and retaliation;
4. To ensure training for Defendant’s managers, supervisors, human resource and
other employees with respect to their obligations and rights under Title VII;
5. To review and update Defendant’s procedures for handling harassment and
retaliation complaints;
6. To provide an appropriate and effective mechanism for receiving and handling
discrimination, harassment and retaliation complaints in the workplace; and
7. To avoid the time, expense, and uncertainty of further litigation.

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B.

finding that Defendant has violated Title VII or that any employee has been subjected to sexual
harassment or retaliation in violation of Title VII. Defendant disputes and denies that it has
engaged in any violations of Title VII and Defendant’s agreement to enter into this Decree is to
avoid the time and expense of protracted litigation. Neither this Decree nor the payment of any
money is or shall be construed as an admission by Defendant of any violation or liability for any
of the claims alleged in the Complaint.
III.

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of California on September 24, 2014, captioned U.S. Equal Employment Opportunity
Commission vs. VXI Global Solutions, Inc. a/k/a VXI Global Solutions, LLC, and DOES 1-10,
Inclusive; Case No. 2:14-cv-07444-JFW-RZ (hereafter “Action”), including with respect to the
nine (9) identified Charging Parties (the “Charging Parties”) and the other similarly situated
individuals identified by the EEOC as claimants (the “Claimants”) in this Action.
B.

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Nothing in this Decree shall be construed to preclude the EEOC from bringing

suit to enforce this Decree in the event that Defendant fails to comply with the terms this Decree.
C.

Nothing in this Decree shall be construed to limit or reduce Defendant’s

obligation to comply fully with Title VII or any other federal employment statute.

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The Parties agree that this Decree completely and finally resolves all claims made

in the EEOC’s Complaint filed in this action in the United States District Court, Central District

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RELEASE OF CLAIMS
A.

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This Decree is intended to resolve contested claims and it is not an adjudication or

D.

This Decree in no way affects the EEOC’s right to bring, process, investigate or

litigate other charges that may be in existence or may later arise against Defendant other than the
claims brought in this Action.
IV.

JURISDICTION
A.

The Court has jurisdiction over the parties and the subject matter of this Action.

The Complaint asserts claims that, if proven, would authorize the Court to grant the relief set
forth in this Decree.
B.

The terms and provisions of this Decree are fair, reasonable and just.
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C.

does not derogate the rights or privileges of any person.

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D.

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E.

implement the relief provided herein.
V.

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The provisions and agreements contained herein are effective immediately on the

date which this Decree is entered by the Court (“Effective Date”).
B.

Except as otherwise provided herein, this Decree shall remain in effect for four

(4) years after the Effective Date.

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EFFECTIVE DATE AND DURATION OF DECREE
A.

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The Court shall retain jurisdiction over this Action for the duration of the Decree

for the purposes of entering all orders, judgments and decrees that may be necessary to fully

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Entry of this Decree will further the objectives of Title VII and will be in the best

interest of the Parties.

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This Decree conforms to the Federal Rules of Civil Procedure and Title VII and

C.

The Decree will otherwise expire on its own terms four years after the Effective

Date, unless the EEOC motions the Court for an extension as provided in Section VI below and
the Court grants the extension.
VI.

COMPLIANCE AND DISPUTE RESOLUTION
A.

If the Commission has reason to believe that Defendant has in any way failed to

comply with any provision of this Decree, the Commission may bring a motion before this Court
to enforce the Decree. Before filing such a motion, however, the Commission shall notify
Defendant and its legal counsel of record, in writing, of the nature of the dispute. This notice
shall specify the particular provision(s) with which the Commission believes Defendant has
failed to comply and identify how it has failed to comply. Absent a showing that the delay will
cause irreparable harm, Defendant shall have thirty (30) days from the date of notice (“Dispute
Resolution Period”) to attempt to resolve or cure the alleged breach.
B.

The Parties agree to cooperate with each other and use their best efforts to resolve

any dispute raised by the EEOC and to identify and address appropriate remedies, including
meetings or discussions between the EEOC, Defendant, and the Equal Employment Opportunity
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Consultant, if necessary.

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C.

After the Dispute Resolution Period has passed with no resolution or agreement to

extend the time further, the Commission may petition the Court for resolution of the dispute
seeking all available relief, including an extension of the duration of the Decree.
VII.

MODIFICATION AND SEVERABILITY
A.

This Decree constitutes the complete understanding of the Parties with respect to

the matters expressly contained herein. No waiver, modification or amendment of any provision
of this Decree will be effective unless made in writing and signed by an authorized
representative of each Party and approved by the Court.
B.

If one or more provisions of this Decree are rendered unlawful or unenforceable,

the Parties shall make good faith efforts to agree upon the appropriate amendments to this
Decree necessary to effectuate its purposes. If the Parties are unable to reach agreement, the
Court shall order the appropriate alternative provisions necessary in the interests of justice and
fairness to effectuate the purposes of the Decree. Should one or more provisions of this Decree
be deemed unlawful, all other provisions shall remain in full force and effect.
VIII. MONETARY RELIEF
A.

In settlement of this lawsuit, Defendant shall pay a total of $600,000.00 in

monetary relief established in a Settlement Fund to which the EEOC shall have sole discretion as
to the distribution. Defendant shall pay $600,000.00 to the Settlement Fund within ten (10) days
after the Effective Date, or by July 31, 2015, which ever date occurs later.
B.

Following Court approval of this Consent Decree, the monies in the Settlement

Fund shall be distributed, at the sole discretion of the EEOC, amongst the nine (9) Charging
Parties and the Claimants in this Action. The EEOC shall provide Defendant with a Distribution
List identifying each Charging Party and the Claimant’s portion and amount of monetary relief,
and the name and address to which each Charging Party and the Claimants’ portion and amount
of monetary relief shall be delivered. Defendant shall send a check, via certified mail, to each
Charging Party and Claimant in the amount specified within five (5) business days of the
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Distribution List.

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C.

immediately notify the EEOC and cooperate with the EEOC to make sure the checks are reissued
to the Charging Parties and/or the Claimants as soon as possible.

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D.

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made. Defendant shall prepare and distribute 1099 tax reporting forms to each Charging Party
and Claimant and shall make appropriate reports to the Internal Revenue Service and other tax
authorities. Defendant shall be solely responsible for any costs associated with the issuance and
distribution of a 1099 tax reporting form to the Charging Parties and Claimants. The Charging
Parties and the Claimants shall be solely responsible for taxes payable, if any, on their respective
portion of the settlement proceeds. Neither the EEOC nor Defendants make any representation
to the Charging Parties and the Claimants, or assume any responsibility for any tax liability,
assessments, interest, penalties, and/or costs that the Charging Parties and the Claimants may
incur on such payments under local, state and/or federal law.
E.

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Within five (5) business days of the issuance of each settlement check and any

1099 form, Defendant shall provide a copy of each check and related correspondence to the
Regional Attorney, Anna Y. Park, U.S. Equal Employment Opportunity Commission, 255 East
Temple Street, 4th Floor, Los Angeles, CA 90012.

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The EEOC has designated the monies to be paid to the nine (9) Charging Parties

and the Claimants as non-wage compensation under Title VII and no tax withholding shall be

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If any of the checks are returned to Defendant as undeliverable, Defendant shall

F.

To the extent for any reason any portion of the Settlement Fund cannot be

distributed, then any undistributed portion of the Settlement Fund may be retained by Defendant
for the purposes of providing additional training or used for additional efforts towards
compliance of this Decree.
IX.

CLAIMANT SPECIFIC INJUNCTIVE RELIEF
Within thirty (30) days of the Effective Date of this Decree, Defendant shall:
A.

remove from the personnel files of each Charging Party and/or Claimant any

references to the charges of harassment or discrimination filed against Defendant or the Charging
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Party and/or Claimant’s participation in this Action;

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B.

discrimination, or any Charging Party or Claimant’s involvement in the Action, such records
must be maintained separately from the Charging Party and/or Claimants’ personnel files;

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C.

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Party or Claimant was employed, the duration of employment with Defendant, and confirmation
of salary or wages if requested; and
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suffer discrimination, harassment, or retaliation.
X.

GENERAL INJUNCTIVE RELIEF
A.

employees), successors, assigns, and all those acting in concert or participation with them, or any
of them, shall be enjoined during the duration of the Decree from:
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discriminating against any employee in violation of Title VII on the basis of sex,
including sexual harassment;

(b)

engaging in or being a party to any action, policy or practice that is intended or is
known to them to have the effect of discriminating against any employee in

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Non-Discrimination (Harassment)

Defendant, its directors, officers, agents, management (including all supervisory

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Non-Discrimination and Non-Retaliation
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to the extent that a Charging Party and/or Claimant continues to work for

Defendant, take reasonable steps to ensure that the Charging Party and/or the Claimant does not

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provide a neutral employment reference, which is limited to verifying whether the

Charging Party or Claimant was employed by Defendant, the last position in which the Charging

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to the extent that Defendant maintains records of the charges of harassment or

violation of Title VII on the basis of sex, including sexual harassment; or
(c)

creating, facilitating, or permitting a hostile work environment in violation of
Title VII on the basis of sex.
2.

Non-Retaliation

Defendant, its directors, officers, agents, management (including all supervisory
employees), successors, assigns, and all those acting in concert or participation with them, or any
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of them, shall be enjoined from engaging in, implementing, or permitting any action, policy or
practice that constitutes retaliation in violation of Title VII against any current or former
employee or applicant because he or she has in the past or during the term of this Decree:
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retaliatory in violation of Title VII;
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filed a charge with the EEOC alleging such a practice;

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testified or participated in any manner in any investigation (including any internal

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investigation undertaken by Defendant), any proceeding in connection with this

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opposed any practice that he or she believed to be discriminatory, harassing or

Action, and/or relating to any claim of a Title VII violation;
(4)

was identified as a possible witness or claimant in this Action;

(5)

asserted any rights under this Decree; or

(6)

sought and/or received any relief in accordance with this Decree.

B.

Posting

Within ten (10) business days after the Effective Date and throughout the term of this
Decree, Defendant shall post a notice (attached as “Exhibit A”) of the terms of this Decree in a
clearly visible location frequented by its employees at Defendant’s Los Angeles facility. The
postings shall remain posted for the duration of this Decree.
C.

Equal Employment Opportunity Consultant

Within thirty (30) days after the Effective Date, Defendant shall retain an Equal
Employment Opportunity Consultant (“Consultant”) mutually acceptable to the Parties to
monitor Defendant’s compliance with Title VII and this Decree. The Consultant shall have
demonstrated experience in the area of employment discrimination and sexual harassment issues.
Defendant is to choose a Consultant from the list of suggested Consultant candidates acceptable
to the EEOC as previously provided to Defendant by the Commission. If the parties cannot
agree to a Consultant, the parties will be required to file a motion for the magistrate judge to
select the Consultant. Defendant shall bear all costs associated with the selection and retention
of the Consultant and the performance of the Consultant’s duties. For the term of the Decree, the
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Consultant’s responsibilities shall include:
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Ensuring that Defendant’s policies and procedures, including its complaint

procedures relating to harassment, discrimination and retaliation, fully comply with Title VII and
all requirements set forth in this Decree;
2.

Ensuring that all employees, including management, supervisory, and human

resources employees, are trained regarding their rights and responsibilities under Title VII and
this Decree, including the responsibility to provide a workplace free of sexual harassment and
retaliation;
3.

Ensuring that all employees, including management, supervisory, and human

resources employees, are trained on Defendant’s applicable policies and procedures relating to
sexual harassment and retaliation, including Defendant’s internal complaint procedures;
4.

Ensuring all applicable human resource employees have the skill level to

effectuate the requirements of Title VII and of the Decree.
5.

Monitoring investigations of any complaint of sexual harassment or retaliation

made to Defendant during the term of this Decree to ensure compliance with Title VII and this
Decree, and ensuring that Defendant properly communicates with complainants as required by
this Decree;
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Ensuring that Defendant creates a centralized system of tracking sexual

harassment and retaliation complaints, as required by this Decree;
7.

Review complaints of sexual harassment or retaliation made to Defendant’s toll-

free complaint hotline to ensure that Defendant is acting appropriately in following through with
complaints of sexual harassment and/or retaliation.
8.

Ensuring that Defendant’s performance and discipline policies hold employees

and managers accountable for, as applicable, failing to take appropriate action regarding
complaints of discrimination, harassment or retaliation, or for engaging in conduct prohibited
under Title VII or this Decree;
9.

Conducting surveys as described below in Section X.D.;
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10.

Ensuring that Defendant accurately compiles and timely submits all reports

required by this Decree;
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Monitoring the Charging Parties and/or the Claimants who participated in this

lawsuit and who continue to be employed by Defendant to ensure that they have not been
subjected to any retaliation and/or harassment. The Consultant shall contact these individuals
every six (6) months;
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Ensuring that Defendant’s Human Resources has an open door policy, and is

easily accessible to the employees; and
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Ensuring Defendant’s full compliance with the spirit and terms of this Decree.

D.

EEO Compliance Surveys

1.

The Consultant shall prepare a survey to be distributed to a random sampling of

employees located at Defendant’s Texas and Ohio locations (approximately 10%) and
California/Los Angeles location (approximately 5%) or as otherwise determined necessary by
the Consultant. The survey shall be distributed after the final policies and complaint procedures
(as decribed below) are distributed to the employees and after the initial training at those
locations to ensure that the policies and procedures have been received by the employees and to
ensure compliance with the anti-harassment and anti-retaliation policies and procedures unless
the Consultant deems appropriate another time frame. The survey shall instruct the employees to
return their responses directly to the Consultant in a pre-addressed stamped envelope to be
provided with the survey. The Consultant will work with Defendant’s legal counsel to help
develop and prepare the survey.
2.

Any survey responses that identify recent sexual harassment or retaliation issues

shall be promptly investigated by Defendant upon notification by the Consultant, and will require
prompt and effective remedial action.
3.

To the extent the survey identifies any particular area or location where there are

multiple problems of sexual harassment and/or retaliation reported, the Consultant may identify
that Defendant provide additional training and/or determine to issue additional surveys at that
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location.

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4.

The results of the survey shall be evaluated by the Consultant and a summary of

the results shall be submitted to the EEOC by the Consultant as part of the report as set forth
below.
E.

Policies Concerning Discrimination, Harassment and Retaliation

1.

Within sixty (60) days after the Effective Date, Defendant shall review and as

necessary revise its policies and procedures on discrimination, harassment and retaliation (“final
policy”) as described below.
2.

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The final policy shall include:
(a)

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including on the basis of sex, including examples;

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(b)

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3.

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The final policy shall also include assurance that Defendant shall:
(a)

hold all employees, including management, supervisory, lead and human

resources employees, accountable for engaging in conduct prohibited under Title VII or this
Decree; and

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a complete copy of the final internal complaint procedure decribed below

in sub-section F.

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a clear explanation of prohibited conduct in violation of Title VII,

(b)

hold all management, supervisory, and human resources employees

accountable for failing to take appropriate corrective action to prevent discrimination,
harassment, or retaliation under Title VII or this Decree.
F.

Complaint Procedure

1.

Within sixty (60) days after the Effective Date, Defendant shall review and as

necessary revise its complaint procedure as described below.
2.

The internal complaint procedure shall clearly state that:
(a)

any employee who believes that he or she has suffered discrimination,

harassment or retaliation may file an internal complaint using Defendant’s internal complaint
procedure, or may file an external complaint to any appropriate agency, or both;
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(b)

appropriate person, and that no special form is required to initiate the complaint;

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(c)

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investigation of a complaint or for otherwise assisting in a complaint;
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the internal complaint procedure does not replace the right of any

employee to file a charge or complaint of discrimination, harassment or retaliation under any
available municipal, state, or federal law, and will provide contact information for EEOC and
applicable state Fair Employment Practice (FEP) agencies; and

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Defendant shall not tolerate retaliation against any employee for use of the

internal complaint procedure or any external complaint procedure, for assisting in the

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employees may initiate an internal complaint verbally or in writing to any

(e)

if an allegation of discrimination, harassment or retaliation against any

employee is substantiated, then such conduct will result in appropriate discipline, up to and
including discharge.
3.

The internal complaint procedure shall ensure that Defendant will:
(a)

maintain the confidentiality of the complaint, complainant and the

investigation to the extent reasonably practicable and consistent with Defendant’s obligation to
investigate the complaint;
(b)

take reasonable steps to promptly resolve complaints;

(c)

promptly commence a thorough investigation that shall be conducted by a

person trained to conduct such investigations who is not accused of misconduct in the complaint;
(d)

interview the relevant witnesses, including the complainant, and review all

relevant documents (the investigation may include a request that the relevant witnesses,
including the complainant, either provide a written statement to the investigator or review and
acknowledge a written statement prepared by the investigator;
(e)

communicate with the complainant in writing regarding the results of the

investigation and any remedial action taken; and
(f)

track investigations and maintain written records of the findings or

conclusions of the investigation and any remedial actions taken;
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4.

appropriate Defendant representative, should the complainant be dissatisfied with the results of
an internal investigation.
5.

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file an internal complaint instead of an external complaint; or

(c)
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confront his or her harasser;

(b)

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The internal complaint procedure shall NOT require that the complainant:
(a)

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The internal complaint procedure shall also provide an appeal procedure to an

initiate the complaint process only by submitting a written complaint.

Defendant shall confidentially follow-up with every complainant after the

investigation as reasonable under the circumstances to inquire whether the complainant believes
that he or she has been further harassed and/or retaliated against, and, if necessary, Defendant
shall investigate any allegations of retaliation. Defendant shall track the information obtained
during the follow-up inquiries pursuant to the Record-keeping and Reporting requirements in this
Decree.
7.

Defendant shall establish and/or maintain a toll-free complaint hotline (“Hotline”)

and disseminate the information regarding the Hotline to all of Defendant’s employees.
Defendant shall inform all employees that a complaint can be lodged at any time with the tollfree complaint Hotline. All complaints of sexual harassment or retaliation to the Hotline shall be
tracked by Defendant during the term of the Decree, and the Consultant shall have access to all
such tracking records or call logs. Defendant shall also publicize the EEOC’s general toll-free
number of [phone]. The Consultant shall review complaints of sexual harassment or
retaliation made to Defendant’s toll-free complaint hotline to ensure that Defendant is acting
appropriately in following through with complaints of sexual harassment and/or retaliation.
8.

Defendant’s Human Resources shall have an open door policy, and shall be easily

accessible to the employees. Human Resources’represenatives shall be available to receive
complaints from the employees during normal business working hours with or without
appointments.
9.

Defendant shall provide the Consultant with the tracking records of all complaints
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of sexual harassment and retaliation filed under the revised internal complaint procedures and the
Consultant will retain records regarding such investigations and resolution of all such
complaints, including but not limited to those complaints made through the Hotline. The
Consultant shall also ensure that Defendant publicizes the revised internal complaint procedures,
including the Hotline, and shall monitor Defendant’s investigation and resolution of any
complaints of sexual harassment and retaliation made to Defendant.
G.

Finalizing and Distribution of Final Policy and Complaint Procedure

1.

Within seventy-five (75) days after the Effective Date, Defendant shall provide

the Commission with a copy of the above described final policies, including the revised internal
complaint procedure decribed above in sub-section F.
5.

Upon receipt, the EEOC shall have thirty (30) days to review and/or comment on

the the revised policies, including the revised internal complaint procedures decribed above in
sub-section F.
6.

If the EEOC does not provide comment within thirty (30) days of receiving the

revised policies, Defendant shall distribute the final policies, including the revised internal
complaint procedure decribed above in sub-section F, companywide to all employees, including
management, supervisory, and human resources employees. Defendant shall have each
employee who receives a copy of the final policies sign a form acknowledging reciept, which
may include receipt via electronic acknowledgment.
7.

Throughout the term of this Decree, Defendant shall post the final policies,

including the revised internal complaint procedures decribed above in sub-section F,
companywide in a clearly visible location frequented by employees.
H.

Training

1.

All non-management employees shall be required to attend a live training

program, which may include a live video conference with an interactive component, regarding
discrimination, harassment, and retaliation. The training under this section shall include review
of every employee’s rights and responsibilities under Title VII, especially with respect to sexual
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harassment, and Defendant’s final policies and procedures for reporting and handling complaints
of harassment, discrimination, and retaliation. Examples shall be given of the prohibited conduct
to ensure understanding by the employees. All trainings shall be designed for an appropriate
duration to effectively teach adult learners and shall include time for questions and answers.
2.

The non-management employees training stated in subsection H.1. shall be

companywide in California/Los Angels, Ohio, and Texas, and shall be mandatory and shall occur
once every eighteen (18) months for the term of this Decree for non-management employees.
The first training session in California/Los Angeles shall be conducted with the assistance of the
Consultant and shall occur within ten (10) business days after EEOC’s comments on the training
curriculum, as described in sub-section 10 below, or after ninety (90) days from the Effective
Date, whichever is later, and shall be scheduled as reasonably practicable to complete the
required training for all employees. Any employee who fails to attend a scheduled training
session shall be trained within (30) days of the live training set forth above, by showing the
employee a videotape of the training session or attending a different training session. The
Consultant shall monitor at least one of the training sessions in Ohio and monitor at least one of
the training sessions in Texas via video conference in order to ensure compliance with the
training. If additional monitoring is needed, the Consultant shall inform the Defendant.
3.

Every managerial and supervisory employee shall be required to attend a

Management Training consisting of a live training program, which may include a live video
conference with an interactive component, regarding discrimination, harassment, and retaliation.
The Management Trainings shall be mandatory, and of at least two hours duration once every
two (2) years for the term of this Decree. The Management Trainings shall be conducted
companywide in California/Los Angeles, Ohio, and Texas. The first Management Training
session in California/Los Angeles shall be conducted with the assitance of the Consultant and
shall occur within ten (10) business days after EEOC’s comments on the training curriculum, as
described in sub-section 10 below, or after ninety (90) days from the Effective Date, whichever
is later, and shall be scheduled as reasonably practicable to complete the required Management
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CONSENT DECREE

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Training for all such employees. Any management employee who fails to attend any scheduled
Management Training shall be trained within (30) days of the live Management Training set
forth above. The Consultant shall monitor at least one of the training sessions in Ohio
and monitor at least one of the training sessions in Texas via video conference in order to ensure
compliance with the training. If additional monitoring is needed, the Consultant shall inform the
Defendant.
4.

The Management Training stated in subsection H.3. shall include training on how

to properly handle and investigate complaints of discrimination, harassment and retaliation in a
fair and neutral manner; how to take preventive and corrective measures against discrimination,
harassment, and retaliation; and how to recognize and stop discrimination, harassment, and
retaliation.
5.

All Human Resouces employees shall receive advanced Human Resources

training (“HR Training”) on investigating complaints of discrimination, harassment, and
retaliation; how to take preventative and corrective measures against discrimination, harassment,
and retaliation; and how to recognize and stop harassment, discrimination, and retaliation. This
HR Training shall be companywide in California/Los Angeles, Ohio, and Texas and shall be
provided by the Consultant and/or through an outside provider approved by the EEOC. This HR
training shall occur once every year for the term of this Decree and may be conducted live and/or
via video conference with an interactive component.
6.

Within five (5) days of the date of hire, for the remainder of the term of this

Decree, every new employee, including non-manageral, managerial, supervisory, lead, and
human resources employees, shall receive the Defendant’s policies and procedures on
discrimination, harassment and retaliation, including the internal complaint procedures, which
shall be explained to the new hire employee by a Human Resources employee.
7.

Within six (6) months of the date of promotion, for the remainder of the term of

this Decree, every employee promoted from a staff position to a managerial, supervisory or
human resources position shall receive the above described Management or HR Training.
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8.

writing his or her attendance at each training.

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9.

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Within sixty (60) days after the Effective Date, Defendant shall submit to EEOC a

description of the trainings to be provided and an outline of the curriculum developed for the
trainees.

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Any employee required to attend any training under this Decree shall verify in

10.

Upon receipt, the EEOC may provide comment within thirty (30) days regarding

any any necessary revisions to the training.
XI.

RECORD-KEEPING
Defendant shall establish with the assistance of the Consultant a record-keeping

procedure that provides for the centralized tracking of discrimination, harassment and retaliation
complaints and the monitoring of such complaints to prevent retaliation. The records to be
maintained shall include:
A.

all applicable documents generated in connection with any such complaint,

including documents relating to all investigations or resolutions of any such complaints and the
identities of all witnesses identified by the complainant and/or through Defendant’s
investigation;
B.

all forms acknowledging employees’ receipt of Defendant’s revised anti-

discrimination, anti-harassment and anti-retaliation policy;
C.

all documents verifying the occurrence of all training sessions and names and

positions of all attendees for each session as required under this Decree;
D.

all documents generated in connection with the monitoring, counseling and

disciplining of employees whom Defendant determined to have engaged in behavior that may be
discriminatory, harassing and/or retaliatory under Title VII; and
E.

all documents generated in connection with Defendant’s follow-up inquiries into

whether any complainant believes he or she has been further harassed and/or retaliated against.
Defendant shall make the aforementioned records available to the EEOC within ten (10)
business days following a written request by the EEOC.
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XII.

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In addition to the notice and reporting requirements above, Defendant shall provide, the
following reports to the EEOC in writing, by mail or e-mail:

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REPORTING

A.

an initial report containing:

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2.

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and the monitoring of such complaints;
3.

posted;
4.

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a statement confirming that Defendant has complied with Section IX.

“Claimant Specific Injunctive Relief;” and

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a statement confirming that the required Notice pertaining to this Decree

and the final revised anti-discrimination, anti-harassment and anti-retaliation policy have been

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a summary of the procedures and record-keeping methods developed with

the Consultant for centralized tracking of discrimination, harassment and retaliation complaints

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a copy of the final anti-discrimination, anti-harassment and anti-retaliation

policies, including the final complaint procedures;

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Within ninety (90) days after the Effective Date, Defendant shall submit to EEOC

5.

confirmation from the Consultant that Defendant is in compliance with the

Decree based on Consultant’s knowledge from the work performed by Consultant as of the time
of the report, including a report on the summary of results from the survey(s).
B.

Defendant shall also provide the following reports semi-annually throughout the

term of this Decree:
1.

a statement confirming the specific training completed to date;

2.

an attendance list for all training sessions required under this Decree that

took place during the previous six months;
3.

a description of all sexual harassment and retaliation complaints made,

investigated or resolved in the previous six-months, including the names of the complainants; the
nature of the complaint; the names of the alleged perpetrators of sexual harassment or retaliation;
the dates of the alleged harassment or retaliation; a brief summary of how each complaint was
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resolved; and the identity of each of Defendant employee(s) who investigated or resolved each
complaint;

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4.

by or against a particular employee, as well as any investigation or resolution; and

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C.

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D.

XIII. COSTS OF ADMINISTRATION AND IMPLEMENTATION OF CONSENT
DECREE

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Defendant shall bear all costs associated with its administration and implementation of its
obligations under this Decree.
XIV. COSTS AND ATTORNEYS’ FEES

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A report on the summary of results from the survey(s) shall be made within 30

days of the completion of the survey(s).

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A report detailing any planned changes to the policies, procedures or record-

keeping methods for complaints, at least thirty (30) days prior to implementing such changes.

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an analysis of the monitoring done when more than one complaint is filed

Each Party shall bear its own costs of suit and attorneys’ fees.
XV.

MISCELLANEOUS PROVISIONS
A.

During the term of this Decree, Defendant shall provide any potential successor-

in-interest with a copy of this Decree within a reasonable time of not less than thirty (30) days
prior to the execution of any agreement for acquisition or assumption of control of any or all of
Defendant’s facilities, or any other material change in corporate structure, and shall
simultaneously inform the EEOC of same.
B.

During the term of this Decree, Defendant and its successors shall ensure that

each of its directors, officers, human resource personnel, managers and supervisors is aware of
any term(s) of this Decree which may be related to his/her job duties.
C.

Unless otherwise stated, all notices, reports and correspondence required under

this Decree shall be delivered to the attention of the Regional Attorney, Anna Y. Park, U.S.
Equal Employment Opportunity Commission, Los Angeles District Office, 255 E. Temple St.,
4th Fl., Los Angeles, CA 90012.
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D.

The parties agree to entry of this Decree and judgment subject to final approval by

the Court.
XVI. COUNTERPARTS AND FACSIMILE SIGNATURES
This Decree may be signed in counterparts. A facsimile signature shall have the same
force and effect of an original signature or copy thereof.
All parties, through the undersigned, respectfully apply for and consent to the entry of
this Decree as an Order of this Court.

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U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

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Dated: ________, 2015

By:

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_________________________
Anna Y. Park, Regional Attorney
Attorneys for Plaintiff EEOC

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Vedder Price

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Dated: _________, 2015

By:

__________________________
Thomas Petrides, SBN 117121
Attorney for VXI Global Solutions, Inc. a/k/a VXI
Global Solutions, LLC

Dated: _________, 2015

By:

__________________________
Eva Wang, Chief Executive Officer
VXI Global Solutions, LLC
previously VXI Global Solutions, Inc.

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ORDER
The provisions of the foregoing Consent Decree are hereby approved and compliance
with all provisions thereof is HEREBY ORDERED. The Court hereby retains jurisdiction over
this Consent Decree until its termination pursuant to its terms.
IT IS SO ORDERED.

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Date: September 11, 2015

_____________________________
The Honorable John F. Walter
United States District Court Judge

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