U.S. Equal Employment Opportunity Commission v. Maurizio's Trattoria Italiana, LLC et al

Filing 30

Consent Decree and Order (Doc. No. 29 ). The Court hereby finds that compliance with all provisions of the foregoing Decree is fair and adequate. The Court hereby retains jurisdiction for the term of the foregoing Consent Decree, and the provisions thereof are hereby approved. Upon entry of the consent decree and order, the Clerk of Court is instructed to close the case. Signed by Judge Michael M. Anello on 1/2/2020. (tcf)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
11
12

U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,

CONSENT DECREE AND ORDER

Plaintiff,

13
14

Case No. 18-cv-338-MMA (BLM)

v.

[Doc. No. 29]

15

MAURIZIO'S TRATTORIA ITALIANA,
LLC,

16

Defendant.

17
18
19

I.

INTRODUCTION

20

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

21

“Plaintiff”), and Defendant Maurizio Trattoria Italiana LLC (“Defendant” or “Maurizio

22

Trattoria”), hereby stipulate and agree to entry of this Consent Decree to resolve the

23

Commission’s lawsuit against Defendant in EEOC v. Maurizio Trattoria LLC, Case No.

24

18-cv-338-MMA (BLM).

25

On February 13, 2018, the EEOC filed this action in the United States District

26

Court, Southern District of California, for violations of Title VII, the Pregnancy

27

Discrimination Act of 1978, and Title I of the Civil Rights Act of 1991, 42 U.S.C. §

28

2000e et. seq. (“Title VII”). The Complaint alleges that Defendant unlawfully
1
18-cv-338-MMA (BLM)

1

discriminated against Charging Party Elena Boni because of her pregnancy, a condition

2

of her sex (female), childbirth, and/or related medical condition.

3
4

II.
A.

PURPOSES AND SCOPE OF THE CONSENT DECREE

The Parties to this Consent Decree (“Decree”) are the EEOC and Defendant

5

Maurizio Trattoria. The EEOC and Defendant are referred to collectively as the

6

“Parties.” This Decree shall be binding on and enforceable against Defendant and its

7

successors and assigns. The Parties have entered into this Decree to resolve a disputed

8

claim to avoid the expense, time, and uncertainty of further litigation.

9

B.

The Parties have agreed through this Decree that Defendant will provide

10

monetary and injunctive relief. The injunctive relief includes proactive measures

11

cultivating a work environment free from discrimination and employment practices

12

complying with federal laws, providing training for Defendant’s managers and

13

employees regarding sex, and specifically pregnancy discrimination, and utilizing

14

effective mechanisms for handling pregnancy discrimination complaints.

15
16

III.
A.

RELEASE OF CLAIMS

This Decree fully and completely resolves all issues, claims, and allegations

17

by the EEOC that have been raised or could have been raised in the Complaint filed in

18

the above-captioned case as against all parties.

19

B.

Nothing in this Decree shall be construed to preclude any party from suing

20

to enforce this Decree if any party hereto fails to perform the promises and

21

representations contained herein.

22
23
24

C.

Nothing in this Decree shall be construed to limit or reduce any obligations

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

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

25

investigate, or litigate other charges that may be in existence or may later arise against

26

any party in accordance with standard EEOC procedures. This Decree shall in no way

27

hinder or affect an individual’s right to file a charge with the EEOC or applicable state

28

agency, participate in a federal or state investigation, or the EEOC’s investigation and
2
18-cv-338-MMA (BLM)

1

determinations into such charges.

2
3

IV.
A.

JURISDICTION

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

4

lawsuit. The Complaint asserts claims that, if proven, would authorize the Court to grant

5

the equitable relief set forth in this Decree.

6

B.

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

7

C.

This Decree conforms to the Federal Rules of Civil Procedure and any other

8
9

federal statute(s), and is not in derogation of the rights or privileges of any person.
D.

The Court shall retain jurisdiction of this action during the duration of the

10

Decree for the purposes of entering all orders, judgments, and decrees that may be

11

necessary to implement the relief provided herein.

12
13
14
15

V.
A.

EFFECTIVE DATE AND DURATION OF DECREE

The provisions and agreements contained herein are effective immediately

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

This Decree shall remain in effect for four and a half (4 ½) years after the

16

Effective Date; or until Defendant satisfies the total monetary relief set forth in this

17

Decree in Section VIII.A. The Decree is terminated upon the filing by the EEOC of a

18

notice of satisfaction of monetary relief, but termination shall not be earlier than two

19

years from the Effective Date.

20
21

VI.
A.

MODIFICATION AND SEVERABILITY

This Decree constitutes the complete understanding of the parties with

22

respect to the matters contained herein. No waiver, modification, or amendment of any

23

provision of this Decree will be effective unless made in writing and signed by an

24

authorized representative of each of the parties.

25

B.

If one or more provisions of the Decree are rendered unlawful or

26

unenforceable, the parties shall make good faith efforts to agree upon appropriate

27

amendments to this Decree to effectuate the purposes of the Decree. In any event, the

28

remaining provisions will remain in full force and effect unless the purposes of the
3
18-cv-338-MMA (BLM)

1
2

Decree cannot, despite the parties’ best efforts, be achieved.
C.

The Parties agree that this Decree may be amended or modified in the

3

interests of justice and fairness to effectuate the provisions of this Decree.

4

VII. COMPLIANCE AND DISPUTE RESOLUTION

5

A.

The parties expressly agree that if the EEOC has reason to believe that

6

Defendant has failed to comply with any provision of this Consent Decree, the EEOC

7

may bring an action before this Court to enforce the Decree. Prior to initiating such

8

action, the EEOC will notify Defendant and its legal counsel of record, in writing, of the

9

nature of the dispute. This notice shall specify the provision(s) of the Consent Decree

10

that the EEOC believes Defendant has breached along with the reason and basis of the

11

alleged breach. Absent a showing by either party that the delay will cause irreparable

12

harm, Defendant shall have thirty (30) days to attempt to resolve or cure the breach;

13

however, the parties can agree to extend this period upon mutual consent.

14
15
16

B.

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

resolve any dispute referenced in the EEOC notice.
C.

After thirty (30) days have passed with no resolution or agreement to extend

17

the time further, the EEOC may petition this Court for resolution of the dispute, seeking

18

all available relief, including an extension of the term of the Decree for such period as

19

Defendant is shown to be in breach of the Decree and the EEOC’s costs and attorneys’

20

fees incurred in securing compliance with the Decree.

21

D.

The only exception to the above procedure for compliance and dispute

22

resolution is with respect to the Defendant’s obligations to pay monetary relief as set

23

forth in Section VIII.A. Upon any breach of Section VIII.A., the EEOC may petition this

24

Court for resolution of the breach, seeking all available relief, including EEOC’s costs

25

and attorneys’ fees incurred in securing compliance with the Decree.

26
27
28

VIII. MONETARY AND CLAIMANT SPECIFIC RELIEF
A.

Monetary Relief
1.

In settlement of this lawsuit, Defendant shall pay the sum of $18,800
4
18-cv-338-MMA (BLM)

1
2

(“settlement amount”) to Charging Party Elena Boni.
2.

Within ten (10) days of the Effective Date, the EEOC is to provide to

3

Defendant the current address of Elena Boni and/or information of her bank account to

4

which monetary relief is to be sent.

5

3.

Within thirty (30) days of the Effective Date, Defendant shall send a

6

check, via first class certified mail or via bank / wire transfer, in the amount of $2,000 to

7

Charging Party. Beginning sixty (60) days of the Effective Date, the remaining amount,

8

$16,800, shall be sent to the Charging Party by Defendant in equal monthly payments of

9

$350 for a period of forty-eight (48) months by checks, via first class certified mail or

10
11

bank / wire transfer, by the 1st of each month.
4.

Within three (3) business days of mailing the check to Charging Party,

12

Defendant shall submit a copy of any checks, receipt of bank or wire transfer, and related

13

correspondence to Regional Attorney, Anna Y. Park, U.S. Equal Employment

14

Opportunity Commission, 255 East Temple Street, 4th Floor, Los Angeles, CA 90012.

15

5.

In the event a payment is not made in accordance with the schedule

16

set forth in Section VIII.A. of the Consent Decree, the EEOC will issue a notice of non-

17

compliance with the Consent Decree’s schedule of monetary payments in which the

18

Defendant shall have fifteen (15) days to cure the nonpayment. If the Defendant fails to

19

cure the breach within fifteen (15) days, then the remaining balance plus interest as of the

20

Effective Date shall be accelerated and shall be paid in full within fifteen (15) days

21

thereafter. This section is exempt from Section VII of the Decree on Compliance and

22

Dispute Resolution. The EEOC will have the discretion to go into court to enforce the

23

Decree without additional notice to enforce this acceleration clause.

24

6.

As security for Defendant’s obligations for monetary relief under the

25

Consent Decree, Defendant had executed a security agreement against Defendant. A

26

copy of the Security Agreement is attached as Exhibit A. Defendants’ obligations under

27

the Consent Decree for monetary relief are secured by all real and personal property

28

owned by Defendant, including all inventory, goods, equipment, trade fixtures, leasehold
5
18-cv-338-MMA (BLM)

1

and leasehold improvements, furniture, vehicles, storage shed, air conditioning unit,

2

freezer, refrigerator, computer equipment, contract rights, accounts, chattel paper,

3

instruments, good-will, liquor license, general intangibles, and right to payment of every

4

kind now owned or thereafter acquired by Defendant. The EEOC may seek enforcement

5

of its rights under the Security Agreement in this Court.

6

7.

The EEOC has the sole discretion to characterize the compensation as

7

wage or non-wage compensation for emotional distress suffered. Within ten days of the

8

Effective Date, the EEOC is to inform Defendant of the characterization of the

9

compensation to Ms. Boni. Defendant shall not deduct from the settlement amount any

10

amount for taxes for compensation designated as wages. For all payments of the total

11

settlement amount, Defendant, in the ordinary course, shall prepare and distribute any

12

necessary tax forms, including Form 1099s, to Charging Party. Defendant shall make

13

any appropriate reports for the payment to the Internal Revenue Service and other tax

14

authorities. Defendant shall be solely responsible for any costs associated with the

15

issuance and distribution of any tax forms.

16

8.

If Defendant fulfills its complete obligations of monetary relief as set

17

forth in Section VIII.A., including full monetary relief to Elena Boni and sending to the

18

EEOC documentation of full payment of monetary relief, before the end of the four-and-

19

half year term of the Decree, the EEOC agrees to file a Notice of Satisfaction of

20

Monetary Relief within ten (ten) business days of the receipt by the EEOC of the

21

documentation of payment.

22

9.

Defendant shall pay up to $300 for a private attorney to consult with

23

Elena Boni for one hour about a separate release of claims to which the EEOC is not a

24

party.

25
26

B.

Specific Relief for Elena Boni
1.

Defendant shall delete from Elena Boni’s personnel file or

27

employment records of any negative warnings, discipline, or other negative references

28

related to the incidents set forth in the Complaint during the time of her employment with
6
18-cv-338-MMA (BLM)

1

Defendant.

2

2.

If an inquiry is made into Elena Boni, the only information that shall

3

be disclosed will be the dates of their employment, the position(s) held, and that her job

4

performance was satisfactory.

5

IX.

GENERAL INJUNCTIVE RELIEF

6

A.

7

Defendant, its managerial and supervisorial employees, its successors and assigns

Non-Discrimination

8

are enjoined from discriminating against its employees in violation of Title VII, including

9

the Pregnancy Discrimination Act.

10

B.

11

Defendant, its managerial and supervisorial employees, its successors and assigns

Non-Retaliation

12

are enjoined from retaliating against any of its current or former employees or job

13

applicants in violation of Title VII of the Pregnancy Discrimination Act, because he or

14

she has in the past or during the term of this Decree:

15
16

1.

opposed any practice made unlawful under or asserted any rights

protected by Title VII;

17

2.

filed a charge of discrimination alleging such practice;

18

3.

testified or participated in any manner in any investigation (including

19

without limitation, any internal investigation undertaken by Defendant), proceeding about

20

this case and/or relating to any claim of a Title VII violation;

21

4.

been identified as a possible witness or claimant in this action;

22

5.

asserted any rights under this Decree; or

23

6.

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

24
25
26
27
28

X.
A.

SPECIFIC INJUNCTIVE RELIEF

Policies and Procedures
1.

Policy and Procedure against Discrimination
a.

Within sixty (60) days of the Effective Date, Defendant shall

draft, review, and/or revise its policy and complaint procedures against discrimination /
7
18-cv-338-MMA (BLM)

1

harassment, including sex and pregnancy discrimination, and retaliation (the “Policy”)

2

consistent with federal laws, including Title VII and the Pregnancy Discrimination Act.

3

The Policy shall include, at a minimum, a provision that employees can complain of sex

4

and pregnancy discrimination / harassment and/or retaliation to any person in the chain of

5

command above the employee; and/or to outside governmental agencies such as the

6

EEOC.

7

b.

Within sixty (60) days of the Effective Date of this Decree,

8

Defendant shall provide its Policy to EEOC. For fifteen (15) days following receipt of

9

the Policy the EEOC shall have the opportunity to comment on the Policy. Defendant

10

shall work in good faith to ensure that the Policy complies with applicable employment

11

laws. The inclusion of this paragraph in the Decree does not represent EEOC’s or the

12

Court’s approval of Defendant’s policy against discrimination and retaliation.

13

2.

14

Distribution of Policy
a.

Within fifteen (15) days of any comments made by the EEOC

15

or within ninety (90) days of the Effective Date if no changes are made, whichever date is

16

later, Defendant shall ensure that it has distributed the Policy to all employees, including

17

management employees.

18

b.

Within thirty (30) days of the hire date of any person hired after

19

the initial distribution but within the term of the Decree, Defendant shall ensure that it has

20

distributed the Policy to that person.

21

c.

Within ninety (90) days from the Effective Date, Defendant

22

shall submit to the EEOC a statement confirming the distribution of the Policy to all

23

employees, including management employees. On the annual anniversary date of the

24

Effective Date of the Consent Decree for the remaining term of the Decree, Defendant

25

shall submit to the EEOC a statement confirming the distribution of the Policy to any

26

person hired after the initial distribution but within the term of the Decree.

27

3.

Posting of Policy

28
8
18-cv-338-MMA (BLM)

1

Within ninety (90) days of the Effective Date and throughout the duration of the

2

Decree, Defendant shall ensure that it has physically posted the Policy in legible font in a

3

location at Defendant where notices to employees and applicants for employment are

4

normally posted. The Notice shall remain posted for the duration of the Consent Decree.

5

Defendant shall take all reasonable steps to ensure that its posting is not altered, defaced,

6

or covered by any other material.

7

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

8

a statement confirming the posting of the Policy. Defendant shall annually affirm to the

9

EEOC the Policy has been posted in the manner described above. Defendant shall permit

10

a representative of the EEOC to enter its premises for purposes of verifying compliance

11

with this Paragraph at any time during normal business hours.

12
13

4.

Posting of Notice of Consent Decree and Settlement

Within ninety (90) days of the Effective Date, and throughout the terms of this

14

Decree, Defendant shall ensure that it has posted the Notice of Consent Decree and

15

Settlement (attached to this Decree as Attachment B in a conspicuous place accessible to

16

all employees working for Defendant. Defendant shall take all reasonable steps to ensure

17

that its posting is not altered, defaced, or covered by any other material. Within ninety

18

(90) days of the Effective Date, Defendant shall submit to the EEOC a statement

19

confirming the posting of the Notice of Consent Decree and Settlement. Defendant shall

20

permit a representative of EEOC to enter its premises for purposes of verifying

21

compliance with this Paragraph at any time during normal business hours.

22
23
24

B.

Training
1.

Training of All Non-Managerial Employees

Within one-hundred and twenty (120) days of the Effective Date of this Decree,

25

Defendant shall provide live and interactive training, lasting at least one (1) hour in

26

duration to all of Defendants’ non-management employees.

27
28

The training shall cover: (a) anti-discrimination and anti-retaliation laws under
Title VII and the Pregnancy Discrimination Act, (b) the supervisor/manager’s obligations
9
18-cv-338-MMA (BLM)

1

and responsibilities under Title VII to its employees, including pregnant employees, (c)

2

Defendants’ policies and procedures regarding pregnancy-related issues, including the

3

pregnant employee’s right to work and to request accommodation, and (d) an employee’s

4

rights to employment upon return of a leave taken due to pregnancy, childbirth, and/or

5

related medical condition.

6
7
8
9
10
11
12

If an employee is unable to attend the scheduled training, Defendants shall provide
a separate video training within thirty (30) days of the training.
Once each year annually from the last training for the remaining term of the
Decree, Defendant shall provide live or video training covering the same topics to its
non-management employees.
2.

Training of Ownership and Supervisory / Managerial Employees

Within one hundred and twenty (120) days of the Effective Date of this Decree,

13

Defendant shall provide a live and interactive training to its owner(s), managers, and

14

supervisors. The training shall be at least two (2) hours in duration.

15

This training for the owners, managers, and supervisors shall cover: (a) anti-

16

discrimination and anti-retaliation laws under Title VII and the Pregnancy Discrimination

17

Act, (b) the supervisor/manager’s obligations and responsibilities under Title VII to its

18

employees, including pregnant employees, (c) Defendants’ policies and procedures

19

regarding pregnancy-related issues, including the pregnant employee’s right to work and

20

to request accommodation, and (d) and an employee’s rights to employment upon return

21

of a leave taken due to pregnancy, childbirth, and/or related medical condition.

22

The training for the owners, managers, and supervisors also should include how to

23

handle and investigate complaints of sex / pregnancy harassment and/or discrimination;

24

when the employer can ask for medical documentation from a pregnant employee,

25

whether the employer can change the work schedule / duties / positions of an employee

26

due to her pregnancy, how to handle a request for accommodation by a pregnant

27

employee, how to handle leave requests due to pregnancy, childbirth, and/or related

28
10
18-cv-338-MMA (BLM)

1

medical condition; and what are the employee’s rights to continued employment upon

2

leave due to pregnancy, childbirth, and/or related medical condition.

3

If the owner, manager, or supervisor is unable to attend the scheduled training,

4

Defendant shall provide a separate video training within thirty (30) days of the scheduled

5

training.

6

Once each year annually from the last training for the remaining term of the

7

Decree, Defendant shall provide a live training covering the same topics to its owner(s),

8

managers, and supervisors.

9

3.

10

EEO Trainer

The EEO training described in Section X.B. shall be conducted by a third-party

11

EEO trainer approved by the EEOC or by the EEOC through its customer specific

12

training program. No later than thirty (30) days before the scheduled training, Defendant

13

shall submit the name of the EEO trainer to the EEOC for approval or shall inform the

14

EEOC that Defendant requests training by the EEOC through its customer specific

15

training program. If the EEOC does not approve the proposed trainer submitted by

16

Defendant, then the EEOC will provide Defendant with an EEO trainer to conduct the

17

training within fifteen days of Defendant’s submission of a trainer for approval.

18

Defendant shall bear all costs to retain the trainer to conduct the training as set forth in

19

this section.

20
21

4.

Notice, Approval and Verification of Training

Defendant shall certify to EEOC in writing within five (5) business days after the

22

training has occurred that the training has taken place and that the required personnel

23

have attended. Such certification shall include: (i) the date, location, duration, and the

24

type of training (live or video); and (ii) a copy of the registry of attendance, which shall

25

include the name and position of each person in attendance. The certification also should

26

include the written training materials used, a description of the training provided, and the

27

identity or contact information of the trainer who conducted the training or who was

28

responsible for the video for the training.
11
18-cv-338-MMA (BLM)

1

The EEOC shall have the right to attend the trainings described in the Decree.

2

Thirty (30) days prior to any live, in-person training, Defendant shall provide written

3

notice to EEOC including the time, location, name, and contact information of the trainer.

4

The written notice shall be sent via U.S. Mail to the attention of Anna Y. Park, Regional

5

Attorney, U.S. Equal Employment Opportunity Commission, 255 East Temple Street, 4th

6

Floor, Los Angeles, California, 90012.

7

The EEOC shall have five (5) business days from the date of receipt of the

8

information described above to accept or reject the proposed trainer. In the event EEOC

9

does not approve Defendant’s designed trainer, the EEOC shall have five (5) business

10
11

days to identify an alternate trainer which Defendant shall accept for the training.
Defendant shall also provide EEOC with all copies of pamphlets, brochures,

12

outlines, or other written material(s) provided to the participants of the training

13

session(s).

14

C.

15

Defendant shall establish a record-keeping procedure that provides for the

Record Keeping

16

centralized tracking of discrimination complaints as well as the monitoring of such

17

complaints, include the identities of the parties involved, the action taken in response to

18

the complaint, and the nature of the complaint. The records to be maintained shall

19

include all documents generated through the duration of the Decree in connection with

20

any complaint, any investigation into any complaint, and any resolution of any complaint.

21

Within ten (10) days of a request by the EEOC for records, Defendant shall produce such

22

records to the EEOC.

23
24
25
26

D.

Reporting
1.

Initial Reports

Defendants shall provide the following initial reports to the EEOC:
a.

Within fifteen (15) days of the Effective Date of this Decree,

27

Defendant shall provide to the EEOC the name and qualifications of an EEO Consultant,

28

who shall consult with Defendant in the drafting, reviewing, and/or revising Defendant’s
12
18-cv-338-MMA (BLM)

1

policy and procedure against discrimination and retaliation, in compliance with Section

2

X.A.1.

3

b.

Within sixty (60) days of the Effective Date of this Decree,

4

Defendant shall provide to the EEOC its policy and complaint procedure against

5

discrimination, including sex / pregnancy discrimination, and retaliation, in compliance

6

with Section X.B.1.b.

7

c.

8

provide to the EEOC:

9

Within ninety (90) days of the Effective Date, Defendant shall

1.

confirmation that Defendant has distributed its policy and

10

complaint against discrimination and retaliation to all employees, including all

11

supervisorial and managerial employees, in compliance with Section X.B.2.

12

2.

confirmation that Defendant has posted its policy and

13

complaint procedure against discrimination and retaliation in compliance with Section

14

X.B.3.

15

3.

confirmation that Defendant has posted Attachment B –

16

Notice of Consent Decree and Settlement at a location accessible to all employees, in

17

compliance with Section X.B.4.

18

d.

Within one-hundred-and-twenty (120) days of the Effective

19

Date, Defendant shall provide to the EEOC certification that the required training has

20

been completed and attendance sheets signed by the attendees with their position / title

21

for the required training to be provided to all employees, owners, managers, and

22

supervisors, in compliance with Section X.B. If Defendant uses a third-party trainer

23

instead of a trainer from the EEOC, then Defendant shall produce to the EEOC the

24

curriculum vitae and contact information of the trainer and training materials used and/or

25

distributed to the attendee.

26

2.

Annual Reports

27
28
13
18-cv-338-MMA (BLM)

1

No later than the annual anniversary date of the Effective Date of the Consent

2

Decree and two months before the expiration of the Consent Decree, Defendant shall

3

provide to the EEOC the following:

4

a.

signed acknowledgment by any new employee, owner,

5

manager, and supervisor confirming receipt of Defendant’s policy against discrimination,

6

including pregnancy discrimination, for all employees hired since the initial report to the

7

EEOC;

8
9

b.

the certification that the required trainings have been

completed in compliance with Section X.B.; and attendance sheets signed by the

10

attendees with their position / title. If Defendant uses a third-party trainer instead of a

11

trainer from the EEOC, then Defendant shall produce to the EEOC the curriculum vitae

12

and contact information of the trainer, training materials used and/or distributed to the

13

attendee.

14
15

c.

verification that the Notice of Consent Decree continue to be

posted in a conspicuous place accessible to all employees;

16

d.

a summary of any issues and/or complaint pertaining to the

17

pregnancy of each employee, and Defendant’s resolution of the issues or employee’s

18

complaints. The issues to be summarized include any request for accommodation by a

19

pregnant employee, and any change to the employee’s work schedule due to her

20

pregnancy. The summary should include the date of the issue / complaint, the identity of

21

the employee, the personal phone and address of the employee, a brief description of the

22

issue or complaint, and Defendant’s resolution of the issue or complaint;

23

e.

24

Consent Decree; and

25

f.

the status of Defendants’ compliance with all the terms of the

any revision of Defendant’s policies and procedures regarding

26

pregnancy-related discrimination and issues since the last report; and the production of all

27

revisions;

28
14
18-cv-338-MMA (BLM)

1

In the event the EEOC requires additional documentation after reviewing a

2

tracking summary as described in this section, Defendant shall produce all the underlying

3

documents and communications relating to the issue relating to the employee’s

4

pregnancy within ten (10) days of the EEOC’s request for such documents.

5

XI.

COSTS OF ADMINISTRATION AND IMPLEMENTATION

6

OF CONSENT DECREE

7

Defendant shall bear all costs associated with its administration and

8

implementation of its obligations under this Decree, including but not limited to the

9

distribution of the settlement money.

10

XII. COSTS AND ATTORNEYS’ FEES

11

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

12

XIII. MISCELLANEOUS PROVISIONS

13

A.

During the term of this Consent Decree, Defendant shall provide any

14

potential successor-in-interest with a copy of this Consent Decree within a reasonable

15

time of not less than thirty (30) days prior to the execution of any agreement for

16

acquisition or assumption of control of any or all of Defendant’s facilities, or any other

17

material change in corporate structure, and shall simultaneously inform the EEOC of

18

same.

19

B.

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

20

assure that each of their officers, managers, and supervisors is aware of any term(s) of

21

this Decree which may be related to his/her job duties.

22

C.

Unless otherwise stated, all notices, reports and correspondence required

23

under this Decree shall be delivered to the attention of the Regional Attorney, Anna Y.

24

Park, U.S. Equal Employment Opportunity Commission, Los Angeles District Office,

25

255 E. Temple St., 4th Fl., Los Angeles, CA 90012.

26

D.

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

27

approval by the Court.

28

///
15
18-cv-338-MMA (BLM)

1
2

ORDER
The Court hereby finds that compliance with all provisions of the foregoing Decree

3

is fair and adequate. The Court hereby retains jurisdiction for the term of the foregoing

4

Consent Decree, and the provisions thereof are hereby approved. Upon entry of the

5

consent decree and order, the Clerk of Court is instructed to close the case.

6

IT IS SO ORDERED.

7
8
9

Dated: January 2, 2020
_____________________________

10

Hon. Michael M. Anello

11

United States District Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
16
18-cv-338-MMA (BLM)