Equal Employment Opportunity Commission v. Dawes County, Nebraska

Filing 71

CONSENT DECREE. Ordered by Judge Joseph F. Bataillon.Ordered by Chief Judge Joseph F. Bataillon. (ADB, )

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I N THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, } } } FILED U.S. DISTRICT COURT [JIS1i1ICi OF NEDRASKA 09MAY -8 AMII: 16 ,OfFiCE OF The CLERK CIVIL ACTION NO. CIV-07-376-JFB-TDT } } } } } v. DAWES COUNTY, NEBRASKA, Defendant. } } ------------- } CONSENT DECREE THIS CONSENT DECREE is made and entered into by and between the Equal Employment Opportunity C o m m i s s i o n ("EEOC") and Dawes County, Nebraska ("Dawes County"), in the United States District Court for the District ofNebraska, with regard to the EEOC's Complaint, filed in this Civil Action. The Complaint was based upon a Charge of Discrimination filed by Russell Hack, Charging Party, against the Defendant, Charge No. 32E-2007-0030 I . The above referenced Complaint filed by EEOC alleges that the Defendant violated the Age Discrimination in Employment Act ("ADEA") by forcing Mr. Hack to retire from his employment on account of his age and implementing an impermissible age based policy as to stress tests for employees. The Defendant denies all of the allegations made in the complaint filed by EEOC. The EEOC and Defendant agree to compromise and settle the differences embodied in the Complaint filed by EEOC and intend that the terms and conditions ofthe compromise and settlement be set forth in this Consent Decree ("Consent Decree"). NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the sufficiency o f which is hereby acknowledged, the parties agree as follows, the Court finds appropriate, and therefore, it is ORDERED, ADJUDGED AND DECREED that: I. This Consent Decree resolves all issues raised in the EEOC Charge. This Decree further resolves all issues in the Complaint filed by the EEOC and in this civil action. The EEOC waives further claims and/or litigation on all issues raised in the above referenced charge and Complaint. The EEOC does not waive processing or litigating charges other than the above referenced charge. 2. Defendant shall conduct all employment practices in a manner which does not subject any employee to discrimination on the basis of age as prohibited by the ADEA. Defendant shall discontinue, i f any, its policy ofrequiring any county employee to take a stress test based upon age. 3. Defendant shall p o s t t h e Notice appended hereto as Attachment" A" on the employee bulletin boards located at Defendant's facilities in the State of Nebraska within ten (10) days after the entry ofthis Consent Decree. Defendant will report to the EEOC that it has complied with this requirement within 14 days after posting the notice. The notice shall remain posted during the term of this Consent Decree. 4. Defendant shall immediately implement and/or review and revise its policies regarding age discrimination as prohibited by the ADEA, and if not now existing, the implementation and notice of a complaint procedure for employees to notify Defendant of any complaints o f age discrimination. Defendant shall establish/review/revise the policy within 90 days after the entry of this Consent Decree and agrees to distribute a copy ofsaid policy to all employees within 30 days after implementation of the policy. Defendant shall report to the EEOC that it has complied with these requirements within 30 days after distributing the policy to its employees. 5. For each year that the Consent Decree is in effect, Defendant shall conduct an annual 2 training session for all managers and employees with policy making authority advising them ofthe requirements and prohibitions of the federal anti discrimination laws with a special emphasis on the ADEA. The training will inform the employees ofthe requirements ofthe ADEA. The training will also advise the employees ofthe consequences ofviolating the federal anti-discrimination laws. The training shall be at least two hours in duration. No less than 30 days after each such training session is conducted, Defendant shall give written notice to the EEOC as to the date and location of the training, the

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