U.S. Equal Employment Opportunity Commission v Wal-Mart Stores, Inc.

Filing 69

CONSENT DECREE by Judge John A. Mendez on 7/29/13 ORDERING the Court has reviewed the terms of this Consent Decree in light of the pleadings, the record herein, and the applicable law, and now approves the Consent Decree.Therefore, IT IS HEREBY ORDE RED, ADJUDGED AND DECREED as follows: II. GENERAL PROVISIONS This Court has jurisdiction over the subject matter and the parties to this action and retains jurisdiction over this Decree during its term; This Consent Decree constitutes a full resolu tion of the EEOC's claims against Wal-Mart in this action; This Consent Decree shall become effective upon its entry by the Court; This Consent Decree is final and binding upon the Parties, their successors and assigns; The Parties shall bear their own costs and attorney fees in this action. CASE CLOSED. (Becknal, R)

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WILLIAM R. TAMAYO, SBN 084965 (CA)
JONATHAN T. PECK, SB 12303 (VA)
MARCIA L. MITCHELL, SBN 18122 (WA)
DAVID F. OFFEN-BROWN, SBN 063321 (CA)
U.S. EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
San Francisco District Office
350 The Embarcadero, Suite 500
San Francisco, CA 94105-1260
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,

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Plaintiff,

CONSENT DECREE
v.

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CASE NO. 2:11-CV-03327-JAM-CKD

WAL-MART STORES, INC. ,

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Defendant.

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I.

INTRODUCTION

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Plaintiff Equal Employment Opportunity Commission (EEOC) filed this action

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pursuant to Title I of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101 et.

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seq. (ADA), and Title I of the Civil Rights Act of 1991. The EEOC alleged that Defendant

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Wal-Mart Stores, Inc. (Wal-Mart or Defendant) denied Charging Party David Gallo

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reasonable accommodation of his disability and discharged him because he had a disability

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and in retaliation for his request for and complaint about denial of a reasonable

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accommodation for his disability. Wal-Mart has denied the EEOC’s claims.

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In the interest of resolving this matter without further litigation, and as a result of

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having engaged in comprehensive settlement negotiations, the EEOC and Wal-Mart (the

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Parties) have agreed to resolve this matter by entry of this Decree. This resolution is not an
admission of liability by Wal-Mart, nor is it a finding on the allegations made in the EEOC’s
complaint.

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The Court has reviewed the terms of this Consent Decree in light of the pleadings, the
record herein, and the applicable law, and now approves the Consent Decree.

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Therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as
follows:
II.

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1. This Court has jurisdiction over the subject matter and the parties to this action and
retains jurisdiction over this Decree during its term.

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2. This Consent Decree constitutes a full resolution of the EEOC’s claims against
Wal-Mart in this action.

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3. This Consent Decree shall become effective upon its entry by the Court.

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4. This Consent Decree is final and binding upon the Parties, their successors and
assigns.

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5. The Parties shall bear their own costs and attorney fees in this action.
III.

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GENERAL INJUNCTIVE RELIEF
Wal-Mart and its current officers, agents, employees, and all persons in active concert

or participation with them are enjoined to comply with all requirements of the Americans
with Disabilities Act, including the reasonable accommodation and retaliation provisions.
IV.

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GENERAL PROVISIONS

SPECIFIC INJUNCTIVE RELIEF
Defendant will, for the duration of this Consent Decree, maintain its policies which

contain the following elements:
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Policy Against Disability Discrimination and Reasonable Accommodation
(i) Prohibition against Disability Discrimination and Requirement to Provide

Reasonable Accommodations: A provision which states that discrimination because of
disability is illegal and that employees must be afforded reasonable accommodations of their

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disabilities. A provision which states that retaliation is illegal. A description of
Respondent’s internal procedures under which employees may seek reasonable
accommodation of a disability.

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(ii) Designation of Complaint Contacts: A provision which provides employees
avenues for making complaints of discrimination or retaliation, including, but not limited to
appropriate contact information for individuals or departments to whom complaints can be
directed, whether verbally or in writing.

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(iii) Procedure for Anonymous Complaints: A provision that employees can make
anonymous complaint of discrimination.

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(iv) Procedure for Investigating Complaints of Discrimination: Procedures for
promptly and thoroughly investigating complaints of discrimination.

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(v) Manager Responsibility: Manager’s obligation to promptly report complaints of
discrimination to the appropriate level of management for investigation.
Nothing in this Section prevents Wal-Mart from revising its policies, provided that the
revised policies are consistent with the above elements or conform with any changes in the
law.
2. Training
Defendant will conduct one training regarding disability discrimination and
reasonable accommodations, and the prohibition of retaliation, for its salaried managers
working at the Placerville Store at the time of the training, in addition to the following
individuals:
(i) George Allen
(ii) Jennifer Frick
(iii) Edward Barvosa
Within 14 days after the training, Defendant will provide to the EEOC with (1) a copy of the
course syllabus and all other materials utilized for the training; (2) name(s) and credentials of
the trainer(s) and (3) the sign-in sheets documenting attendance.

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The training will be two hours.
3. Posting and other Notices to Employees
Defendant shall maintain the current notice, a copy of which is attached as Exhibit 1,
on Wal-Mart’s THE WIRE.
V. MONETARY RELIEF
1. Within 30 days of the effective date of the Consent Decree, and provided that
counsel for Wal-Mart receives from the EEOC the following forms: (1) federal W-4, (2)
federal W-9, and (3) California DE-4, Defendant shall pay to the successor of Charging Party
David Gallo the amount of $ 40,000.00, less all applicable deductions and withholdings.
This amount shall be allocated as follows: $20,000.00 shall be allocated as wages, for which
Wal-Mart shall issue a W-2 form, and $20,000.00 shall be allocated as compensatory
damages, for which Wal-Mart shall issue a 1099 form. The amount above is to be paid in
complete compromise of all disputed issues arising out of the Complaint filed in this lawsuit.
The check(s) will be made payable to Mr. Gallo’s successor designated by the EEOC and
sent to David F. Offen-Brown, EEOC, 350 The Embarcadero, Suite 500, San Francisco,
California 94105-1260.
VI. REPORTING
Wal-Mart’s detailed reporting of accommodation requests pursuant to a settlement with the
EEOC in another matter (executed by Wal-Mart December 6, 2012) satisfies the reporting
needed for this Consent Decree.
VII. RETENTION OF JURISDICTION AND EXPIRATION OF CONSENT DECREE
1. The duration of this Consent Decree shall be two (2) years from the date of entry
of the Decree, provided that Defendant has complied substantially with the terms of this
Consent Decree. Defendant shall be deemed to have complied substantially if the Court has
not made any finding or orders during the term of the Consent Decree that the Defendant has
failed to comply with any terms of this Consent Decree.

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2. This Court shall retain jurisdiction over this matter and the Parties for the purpose
of enforcing compliance with the Consent Decree, including issuing such orders as may be
required to effectuate its purposes.
3. If any provision of this Consent Decree is found to be unenforceable by a court of
competent jurisdiction, only the specific provision in question shall be affected and the other
enforceable provisions shall remain in full force and effect.
4. Any documents or information required to be submitted by Defendant to the
EEOC under the terms of this Consent Decree shall be sent to REGIONAL ATTORNEY,
EEOC, 350 The Embarcadero, Suite 500, San Francisco, California 94105-1260, or to an
address later designated by the EEOC in writing sent to counsel for Wal-Mart: Adelmise R.
Warner, Morgan, Lewis & Bockius LLP, One Market Street, Spear Street Tower, San
Francisco, CA 94611.

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Dated: 7/22/2013

By: /s/
___________
KIM SENTOVICH
SENIOR VICE PRESIDENT
PACIFIC DIVISION
WAL-MART STORES, INC.

Dated: 7/25/2013

EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
WILLIAM R. TAMAYO
JONATHAN T. PECK
MARCIA L. MITCHELL
DAVID F. OFFEN-BROWN

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//s// David F. Offen-Brown
DAVID F. OFFEN-BROWN

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U. S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
Attorneys for Plaintiff

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Dated: 7/22/2013
MORGAN, LEWIS & BOCKIUS LLP
ERIC MECKLEY
ADELMISE ROSEMÉ WARNER

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By: /s/ Adelmise Rosemé Warner
Eric Meckley
Adelmise Rosemé Warner
Attorneys for Defendant Wal-Mart Stores, Inc.

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IT IS SO ORDERED.

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Dated: 7/29/2013

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/s/ John A. Mendez_________________________
UNITED STATES DISTRICT COURT JUDGE

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