EEOC v. Smokin' Spuds Inc et al

Filing 85

ORDER granting #81 Joint Motion for Entry of Consent Decree and for Administrative Closure Subject To Entry of Consent Decree. By Judge Robert E. Blackburn on 10/6/2015. (Attachments: #1 Attachment 1 - Signatures, #2 Attachment 2 - Exhibits A thru D)(mlace, )

EXHIBIT A
List of Aggrieved Individuals

Julie Cordova
Rachel Cordova
Tina Reyes
Barbara Chaparro
Maria Borquez
Danielle Chavez
Rebecca Cisneros
Esther Giron
Crisanta Guerra
Alisha Moore
Devon Montoya
Lilia Castillo de Paez
Darlene Sisneros

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EXHIBIT B (Letter of Regret)

RE:
Dear

Smokin’ Spuds, Inc., d/b/a MountainKing Potatoes, and Farming Technology,
Inc., Civil Action No. 1:14-cv-02206-REB-KMT (D.Colorado),
:

On behalf of Smokin’ Spuds, Inc., d/b/a MountainKing Potatoes, and Farming Technology, Inc.,
I wish to express my sincere regret that you found your experience, while employed at the
MountainKing plant in Monte Vista, to be offensive and hostile.
Sincerely,

_____________________
Smokin’ Spuds, Inc., d/b/a MountainKing Potatoes,
and Farming Technology, Inc.

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EXHIBIT C
NOTICE
The following notice is being posted pursuant to the terms of a Consent Decree reached
between the Parties in EEOC v. Smokin’ Spuds, Inc., d/b/a MountainKing Potatoes, and Farming
Technology, Inc., (“MountainKing”) filed in the United States District Court for the District of
Colorado, Civil Action No. 1:14-cv-02206-REB-KMT (D. Colorado).
Pursuant to Title VII, it is unlawful for an employer to discriminate based upon the sex of
an applicant or employee. Further, it is unlawful for any employer to retaliate against an
employee because he or she has requested reasonable accommodation for disability or religion,
opposed discriminatory employment practices, or because he or she has filed a charge of
discrimination with any municipal, state or federal equal employment opportunity agency, or
because he or she has participated in an investigation of a charge of discrimination.
As part of an agreement between the parties in the lawsuit, the U.S. District Court has Ordered:
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Defendants are prohibited from engaging in any form or sexual harassment or sex
discrimination;
Defendants are prohibited from retaliating against any employee who complains,
testifies truthfully regarding, or otherwise opposes unlawful sexual harassment or
sex discrimination;
Defendants must maintain records of all complaints of sexual harassment and sex
discrimination and any punitive employment actions or disciplines thereafter
regarding such complainant(s);
A Monitor has been appointed to ensure that Defendants comply with the Court’s
Order forbidding future sexual harassment or sex discrimination;
Defendants must permit the Monitor to meet with Defendants’ employees in private
every six months so that employees can freely report whether they have been
subject to or have witnessed other employees subject to sexual harassment, a hostile
work environment, or discrimination based on sex;
Defendants must submit regular reports to the Monitor and to the Equal
Employment Opportunity Commission;
Defendants are required to provide Equal Employment Opportunity training to all
current nonsupervisory employees, and provide training within 30 days of hire to all
new employees, 30 minutes of which must include information about sexual
harassment and hostile work environment;
Defendants are required to provide Equal Employment Opportunity training to
managers and supervisors at least twice a year.

Please know that Defendants will not tolerate any form of sexual harassment or sex
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discrimination, including but not limited to:
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Unwanted sexual advances;
Unwanted touching, groping, or other physical or verbal conduct of a sexual nature;
Sexual comments or innuendo;
Requests for sexual favors;
Any demeaning, intimidating, threatening, or hurtful comments or behavior that
shows hostility toward individuals because of their sex;
Treating female employees less favorably than male employees;

If you personally experience or witness any of the above types of behavior or any other form of
sexual harassment, hostility, or disparate treatment, you are encouraged to contact one of the
following persons, all of whom are equipped to communicate with you in either English and
Spanish or can refer you to an individual who can help you who is able to communicate in your
preferred language:
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___________________, Monitor,
__________________________
Denver, CO ________________
(303) ___-____

•

Equal Employment Opportunity Commission
303 E. 17th Avenue, Suite 410
Denver, CO 80203
[phone]

In compliance with federal law, no official at MountainKing will retaliate against an employee
who makes an internal complaint of discrimination or who contacts the EEOC or its state
counterpart.
This Notice shall remain posted for the term of three (3) years.
Smokin’ Spuds, Inc., d/b/a MountainKing Potatoes, and Farming Technology, Inc. d/b/a
Mountain King Potatoes
By: __________________________________

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____________________

EXHIBIT D

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No: 1:14-cv-02206-REB-KMT
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
RACHEL CORDOVA, JULIE CORDOVA and TINA REYES,
Plaintiff-Intervenors,
v.
SMOKIN’ SPUDS, INC., d/b/a MOUNTAINKING POTATOES
and,
FARMING TECHNOLOGY, INC.,
Defendants.

SATISFACTION OF JUDGMENT

Judgment was rendered in favor of the above-named Equal Employment Opportunity
Commission (“Commission”) and against the above-named Smokin Spuds, Inc. d/b/a
MountainKing Potatoes and Farming Technology, Inc. in the above-entitled action, on the _____
day of _______________, 2015, in the sum of $_____________. The judgment was provided
for in Paragraph 22 of the Consent Decree dated _____.

The Commission acknowledges

payment of said monetary judgment and desires to release the monetary portions of the judgment
and hereby fully and completely satisfy the same.

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All provisions of the Consent Decree other than the judgment provided for in Paragraph
22 of the Consent Decree remain in full force and effect for the term set forth in the Consent
Decree.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

By:
Printed Name:
Title:

Subscribed and sworn to me by _____________________ above-named, this ________
day of _______________, __________.
Given under by hand and notarial seal.

My commission expires:

Notary Public

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