Equal Employment Opportunity Commission v. Hilltown Packing Co., Inc.

Filing 30

CONSENT DECREE re 27 . Signed by Judge Patricia V. Trumbull on 7/21/10. (pvtlc1) (Filed on 7/25/2010)

Equal Employment Opportunity Commission v. Hilltown Packing Co., Inc.

Doc. 30

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WILLIAM R. TAMAYO (CA Bar No. 084965) DAVID OFFEN-BROWN (CA Bar No. 063321) EVANGELINA HERNANDEZ (CA Bar No.168879) CINDY O'HARA (CA Bar No. 114555) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 350 The Embarcadero, Suite 500 San Francisco, CA 94105 Telephone No. [phone] Facsimile No. [phone] Attorneys for Plaintiff Equal Employment Opportunity Commission

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA EQUAL EMPLOYMENT OPPORTUNITY ) ) COMMISSION, ) ) ) Plaintiff, ) ) and ) ) FILOMENA RUELAS, ) ) Plaintiff-Intervenor, ) ) v. ) ) ) HILLTOWN PACKING CO., INC., ) ) Defendant. _______________________________________ ) Civil Action No. 09-4646 PVT CONSENT DECREE

Plaintiff Equal Employment Opportunity Commission ("Commission") filed this action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct alleged unlawful employment practices on the basis of discrimination based on sex and retaliation, and to provide appropriate relief to Filomena Ruelas and similarly situated women whom the Commission alleged were adversely affected by such practices. The Commission alleged that Defendant Hilltown Packing Company, Inc. ("Hilltown") subjected Ms. Ruelas and similarly situated women to unlawful harassment based on their sex, in violation of Title VII and retaliated against them when they opposed such harassment. Ms. Ruelas intervened in the case.
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Defendant has denied all of the above allegations and claims. The Commission and Defendant Hilltown now seek to resolve this action as to each other and as between Defendant Hilltown and Ms. Ruelas ("Plaintiff Intervenor") and similarly situated women without further contested litigation through the instant Consent Decree. This resolution does not constitute an admission of liability on the part of Hilltown, nor constitute a finding on the allegations stated in the Commission's Complaint. The Court has reviewed this Consent Decree in light of the pleadings, the record herein, and the applicable law, and now approves this Consent Decree. THEREFORE IT IS HEREBY ORDERED, ADJUDGED AND DECREED: GENERAL PROVISIONS 1. This Court has jurisdiction over the subject matter and the parties to this action.

This Court retains jurisdiction over this Consent Decree during its term. 2. This Consent Decree constitutes a full and final resolution of the Commission's

claims against Hilltown in this action. 3. 4. and assigns. 5. this action. GENERAL INJUNCTIVE RELIEF 6. Hilltown and its current officers, agents, employees, and all persons in active The Commission and Hilltown will each bear its own costs and attorneys fees in This Consent Decree will become effective upon its entry by the Court. This Consent Decree is final and binding upon the parties to it, their successors

concert or participation with them are enjoined from discriminating based on sex, including sexual harassment, and from retaliating against employees for opposing sexual harassment, as prohibited under Title VII. 7. Hilltown and its current officers, agents, employees, and all persons in active

concert or participation with them are enjoined from engaging in, implementing or permitting any action, policy or practice which retaliates against Plaintiff Intervenor, or any other employee or former employee, for having filed a charge, testified or participated in any manner in the

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Commission's investigation and the proceedings in this case. SPECIAL INJUNCTIVE RELIEF Non-Discrimination Policies and Complaint Procedures 8. Within thirty (30) days of the entry of this Consent Decree, Hilltown will revise

and distribute its revised sexual harassment policy to all workers in both English and Spanish, and will provide copies to all new and returning workers as they enter or re-enter the workforce. Within thirty (30) days of the entry of the Consent Decree Hilltown will also revise its equal employment opportunity policy to include a statement of commitment not to retaliate against individuals who oppose harassment and/or discrimination, or complain of discrimination, whether that complaint is internal or to a governmental agency. The revised policies will include a complaint procedure for employees to make such complaints. Training 9. Hilltown will use an outside consultant, paid for by Hilltown, to provide training

on sexual harassment and retaliation to all employees, both management and non-management, once per year during the term of this Consent Decree, such year to be measured from the date of entry of this Consent Decree. Each training will be a minimum of two (2) hours for management emp loye es, and one (1) hour for non-management employees, and will be introduced by a member of upper management. The first training will take place within sixty (60) days of the entry of this decree, and within each subsequent year during the term of the Decree. Thirty (30) days before the first training, and before any change in trainers, Hilltown will identify to the Commission, by name and address, its selected trainer. Before commencing training, Hilltown must receive notice from the Commission that the trainer is acceptable to the Commission; such acceptance will not be unreasonably withheld. Supervisory Accountability 10. Defendant Hilltown will revise its performance evaluation forms for its managers

and supervisors to include an evaluation of the manager or supervisor's effectiveness in preventing sexual harassment and retaliation against and among the employees under his/her supervision.

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Record Keeping and Reports 11. Within ten (10) days of the completion of the revisions to the sexual harassment

and equal employment opportunity policies referenced in Paragraph 8 above, Hilltown will send a copy of said revised policies to counsel for the Commission. 12. Within thirty (30) days after completing each training session described in

Paragraph 9, Hilltown will mail to counsel for the Commission a report containing the date of training, the name and position of the management official who introduced the training, an outline of the training content, a list of all attendees, and copies of all materials distributed at the training. 13. Once every six (6) months, to be measured beginning at the date of entry of this

Consent Decree and continuing for the duration of this Consent Decree, Hilltown will notify the counsel for the Commission whether it has received any complaints of sexual harassment or retaliation from its employees (whether said complaints were filed with an administrative agency or simply raised to a supervisory or management employee at the workplace), what steps were taken in response to that information, and how the situation was resolved. MONETARY RELIEF 14. Hilltown will pay the sum of $48,000.00 as damages and in complete satisfaction

of the Commission's claims against Hilltown as set forth in its Complaint. This sum will allocated between the Plaintiff Intervenor and similarly situated individual(s) at the sole discretion of the Commission. Damages will be paid by a checks made out to each individual as designated by the Commission, and sent to the address provided by the Commission to Hilltown. Said checks will be sent by Hilltown directly to these individuals within ten (10) days of the entry of the Consent Decree. EXPIRATION OF CONSENT DECREE 15. This Consent Decree constitutes a full and final resolution of all the

Commission's claims against Hilltown in this action. This Consent Decree will be in effect for three (3) years, and will expire at midnight of the date three (3) years after its entry by the Court, provided that Hilltown has substantially complied with the terms of this Consent Decree.

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Hilltown will be deemed to have complied substantially if the Court has not made any findings or orders during the term of the Decree that Hilltown has failed to comply with any of the terms of this Decree. On Behalf of Defendant: Dated: July 6, 2010 GORDO N & REES, LLP _____/S/_______________________ MICHAEL A. LAURENSON Attorneys for Hilltown Packing Co., Inc.

4 On Behalf of Plaintiff Commission: 5 6 Dated: July 6, 2010

EQUAL EMPLOYMENT OPPORTUNITY 7 COMMISSION 8 _____/S/_____________________ WILLIAM R. TAMAYO 9 Regional Attorney 10 _____/S/_____________________ DAVID OFFEN-BROWN 11 Supervisory Trial Attorney 12 _____/S/_____________________ CINDY O'HARA 13 Senior Trial Attorney 14 On Behalf of Plaintiff-Intervenor Filomena Ruelas 15 16 Dated: July 6, 2010 17 CALIFORNIA RURAL LEGAL ASSISTANCE 18 19 _____/S/_______________________ MICHAEL MEUTER 20 21 22 23 24 25 26 27 28
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ORDER It is so ordered.

Dated:___7/21/10______________

____________________________________ U.S. District Court Magistrate Judge

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