Case 2:06-cv-02146-MCE-EFB Document 1 Filed 09/27/2006 Page 1 of 5

1 ANNA Y. PARK, CA SBN 164242 U.S. EQUAL EMPLOYMENT
2 OPPORtUNITY COMMISSION 255 East TenlQle Street, 4th Floor
3 Los Angeles CA 90012 Telephone: (213) 894-1083
4 FacsImile: (213) 894-1301 E-mail: lado.1egal@eeoc.gov
5

6 Attomem for Plaintiff U.S. E UAL EMPLOYMENT
7 OPPOR UNITY COMMISSION

8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10

11 U.S. EQUAL EMPLOYMENT OPPORtUNITY COMMISSION,
12

13

Plaintiff,

14

v.

15
FOAM WORKS, LLC,
16
Defendant.
17

CASE NO.: COMPLAINT - CIVIL RIGHTS SEX HARASSMENT; RETALIATION (42 U.S.C. §§ 2000e, et seq.) JURY TRIAL DEMAND

18

19

20

21

NATURE OF THE ACTION

22

This is a sexual harassment and retaliation action brought by the United

23 States Equal Employment Opportunity Commission, ("EEOC") under Title VII of

24 the Civil Rights Act of 1964, as amended, to correct unlawful employment

25 practices on the basis of sex and to provide appropriate relief to the Charging

26 Party, Melodie Clark ("Ms. Clark") who was adversely affected by such practices.

27 EEOC alleges Ms. Clark was sexually harassed or subjected to sex based

28 harassment during her employment with Defendant, Foam Works, LLC., a

Case 2:06-cv-02146-MCE-EFB Document 1 Filed 09/27/2006 Page 2 of 5

1 business conducting operations in the State of California. Ms. Clark was

2 subjected to a hostile work environment perpetuated by a delivery driver and

3 Defendant's supervisor.

4

EEOC also alleges that when Ms. Clark complained about the harassment,

5 she was subjected to retaliation in the form of demotion (loss of duties), loss of

6 wages, and discharge.

7

JURISDICTION AND VENUE

8

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,

9 1331,1337,1343 and 1345.

10

2. This action is authorized and instituted pursuant to Sections 706(f)(1)

11 and (3) and 7070fTitie VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.

12 § 2000e-5(f)(1) and (3) and -6 ("Title VII") and Section 102 of Title I of the Civil

13 Rights Act of 1991,42 U.S.C. § 1981a.

14

3. The employment practices alleged to be unlawful were committed

15 within the jurisdiction of the United States District Court for the Eastern District

16 of California.

17

PARTIES

18

4. Plaintiff, Equal Employment Opportunity Commission is the federal

19 agency of the United States of America charged with the administration,

20 interpretation and enforcement of Title VII, and is expressly authorized to bring

21 this action by Sections 706(f)(1) and (3) and 707 of Title VII, 42 U.S.C. § 2000e-

22 5(f)(1) and (3) and -6.

23

5. At all relevant times, Defendant Foam Works (the "Employer"), has

24 continuously been doing business in the State of California and the City of

25 Sacramento, and has employed continuously at least fifteen (15) employees.

26

6. At all relevant times, Defendant Employer continuously has been an

27 employer engaged in an industry affecting commerce within the meaning of

28 Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

2

Case 2:06-cv-02146-MCE-EFB Document 1 Filed 09/27/2006 Page 3 of 5

1

STATEMENT OF CLAIMS

2

7. More than thirty days prior to the institution of this lawsuit, Melodie

3 Clark filed a charge with the Commission alleging violations of Title VII by

4 Defendant Employer. All conditions precedent to the institution of this lawsuit

5 have been fulfilled.

6

8. Since on or about January 2003, Defendant Employer has engaged in

7 unlawful employment practices at its facility in Sacramento, California in violation

8 of §§ 703(a)(l) and 704(a) of Title VII, 42 U.S. C. §§ 2000e-2(a)(1) and -3(a).

9 The unlawful sexual harassment and sex based harassment in the form of verbal

10 harassment directed at Ms. Clark impacted the terms and conditions of her

11 employment and created a hostile working environment at Defendant Employer.

12 Ms. Clark was also retaliated against for engaging in a protected activity of

13 complaining about the work environment by reducing her hours and duties, which

14 reduced her wages and ultimately resulted in her discharge.

15

9. During the period from on or about January 13,2003 to on or about

16 June 18,2003, Defendant Employer knew about and was on notice regarding the

17 constant verbal harassment of Ms. Clark perpetuated by the third-party harasser

18 and ratified such behavior. When Ms. Clark complained to her supervisor about

19 the third-party harasser, the supervisor joined in the harassing behavior by making

20 statements to Ms. Clark about her going to work for the Mustang Ranch in Nevada

21 and other derogatory comments. When Ms. Clark complained, she was subjected

22 to retaliation leading to her discharge.

23

10. Since January 2003, the effect of the practices complained of above

24 have been to deprive Ms. Clark of equal employment opportunities and otherwise

25 adversely affect her status as an employee because of her sex.

26

11. The unlawful employment practices complained of above were

27 willful.

28 JJJ

3

Case 2:06-cv-02146-MCE-EFB Document 1 Filed 09/27/2006 Page 4 of 5

1

12. The unlawful employment practices complained of above were

2 intentional.

3

13. The unlawful employment practices complained of above were done

4 with malice or with reckless indifference to the federally protected rights of Ms.

5 Clark.

6

PRAYER FOR RELIEF

7

Wherefore, the Commission respectfully requests that this Court:

8

A. Grant a permanent injunction enjoining Defendant Employer, its

9 officers, successors, assigns, and all persons in active concert or participation

10 with it, from (l) engaging in hiring, promotion and any other employment

11 practices which discriminates on the basis of sex; and (2) discriminating against

12 any individual because he or she has opposed any unlawful employment practice

13 or because he or she has made a charge, testified, assisted, or participated in any

14 manner in an investigation, proceeding, or hearing under 42 U.S.C. §2000e-3.

15

B. Order Defendant Employer to institute and carry out policies,

16 practices, and programs which provide equal employment opportunities for

17 women, and which eradicate the effects of its past and present unlawful

18 employment practices.

19

C. Order Defendant Employer to make whole Melodie Clark, by

20 providing appropriate backpay with prejudgment interest, in amounts to be

21 determined at trial, and other affirmative relief necessary to eradicate the effects of

22 its unlawful employment practices.

23

D. Order Defendant Employer to make whole Melodie Clark by

24 providing compensation for past and future pecuniary losses resulting from the

25 unlawful practices complained of above, including relocation expenses, job search

26 expenses, and medical expenses not covered by the Employer's employee benefit

27 plan, in amounts to be determined at triaL

28 III

4

Case 2:06-cv-02146-MCE-EFB Document 1 Filed 09/27/2006 Page 5 of 5

1

E. Order Defendant Employer to make whole Melodie Clark by

2 providing compensation for past and future nonpecuniary losses resulting from the

3 unlawful practices complained of above, including emotional pain, suffering,

4 inconvenience, loss of enjoyment of life, and humiliation, in amounts to be

5 determined at trial.

6

F. Order Defendant Employer to pay Melodie Clark punitive damages

7 for its malicious and reckless conduct described above, in amounts to be

8 determined at trial.

9

G. Grant such further relief as the Court deems necessary and proper in

10 the public interest.

11

H. Award the Commission its costs of this action.

12

JURY TRIAL DEMAND

13

The Commission requests a jury trial on all questions of fact raised by its

14 complaint.

15

Respectfully Submitted,

16

U.S. EQUAL EMPLOYMENT

OPPORtUNITY COMMISSION

17

1801 "L" Street N.W.

Washington, D.C. 20507

18

Ronald Cooper,

19

General Counsel

20

James Lee,

Deputy General Counsel

21

Gwendol)'!! Young Reams

22

Associate Generar Counsel

23

24 Dated: September 27, 2006

25

26

27

U.S. EQUAL EMPLOYMENT

OPPORtUNITY COMMISSION

28

255 E. Temple Street, 4th Floor

Los Angeles, CA 90012

5

 
 1 Anna Y. Park (Bar No. 164242) U.S. EQUAL EMPLOYMENT
2 OPPORTUNITY COMMISSION 255 East Temple Street, Fourth Floor
3 Los Angeles, CA 90012 Telephone: (213) 894-1068
4 Facsimile: (213) 894-1301 E-Mail: lado.legal@eeoc.gov
5
Angela D. Morrison (NV Bar No. 9630) 6 U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION 7 333 S. Las Vegas Blvd., Suite 8112
Las Vegas, NV 89101 8 Telephone: (702)894-5099
Facsimile: (702)894-5094 9 E-mail: angela.morrison@eeoc.gov

10 Attorneys for Plaintiff U.S. EQUAL EMPLOYMENT
11 OPPORTUNITY COMMISSION

12 DOWNEY BRAND LLP Jennifer Randlett Madden (Bar No. 184905)
13 555 Capitol Mall, Tenth Floor Sacramento, CA 95814-4686
14 Telephone: (916) 444-1000 Facsimile: (916) 444-2100
15
Attorneys for Defendant 16 FOAM WORKS, LLC.

17

18

UNITED STATES DISTRICT COURT

19

EASTERN DISTRICT OF CALIFORNIA

20

21

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

22

23

Plaintiff,

24

vs.

25 FOAM WORKS, LLC.,
26
Defendant.
27

28

) Case No.: 2:06-CV-02146-MCE-EFB )

)

)

) [PROPOSED] CONSENT DECREE;

) )

ORDER

)

)

)

)

)

)

)

)

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1

I.

2

INTRODUCTION

3

Plaintiff U.S. Equal Employment Opportunity Commission ("EEOC" or

4 "Commission ") and Defendant Foam Works, LLC, ("Foam Works") hereby stipulate

5 and agree to entry of this Consent Decree to resolve the Commission’s Complaint (the

6 "Complaint"), filed under Title VII of the Civil Rights Act of 1964, as amended, 42

7 U.S.C. § 2000e et seq. ("Title VII "). This Consent Decree resolves all issues raised by

8 the EEOC in the present lawsuit involving the Charging Party, Claimant Melodie Clark,

9 (the "Claimant").

10

II.

11

PURPOSES AND SCOPE OF THE CONSENT DECREE

12

A. The parties to this Consent Decree ("Decree") are EEOC and Foam Works.

13 The scope of this Decree includes Foam Works’ operations. This Decree shall be binding

14 on and enforceable against Foam Works and its officers, directors, agents, successors and

15 assigns, and against the Commission for the effective period of the Decree as noted in

16 section V.

17

B. The parties have entered into this Decree for the following purposes:

18

1) To provide relief agreed upon for the Claimant;

19

2) To ensure that Foam Works’ employment practices comply with

20

federal law;

21

3) To avoid expensive and protracted costs incident to litigation; and,

22

4) To provide a final and binding settlement upon the parties and

23

Claimant as to all claims alleged by the Commission in the Complaint filed

24

in this action.

25 ///

26 ///

27 ///

28 ///

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1

III.

2

RELEASE OF CLAIMS

3

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

4 made by the EEOC and/or Claimant against Foam Works that are raised in the Complaint

5 filed in this action in the United States District Court, Eastern District of California on

6 September 27, 2006 captioned U.S. Equal Employment Opportunity Commission v. Foam

7 Works, LLC, Case No. 2:06-CV-02146-MCE-EFB.

8

B. Nothing in this Decree shall be construed to preclude the Commission from

9 bringing suit to enforce this Decree in the event that any party hereto fails to perform the

10 promises and representations contained herein.

11

C. Nothing in this Decree shall be construed to limit or reduce Foam Works’

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

13

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

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

15 Foam Works in accordance with standard EEOC procedures.

16

E. The existence of this Consent Decree or settlement of the claims in the

17 Commission's Complaint, in general, may not be construed in any way as an admission of

18 any liability on Foam Works’ part.

19

IV.

20

JURISDICTION

21

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

22 lawsuit pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1345, 1367 and 42 U.S.C. § 2000e-

23 5(f). The Complaint asserts claims that, if proven, would authorize the Court to grant the

24 equitable relief set forth in this Decree. The terms and provisions of this Decree are fair,

25 reasonable, and just. This Decree conforms with the Federal Rules of Civil Procedure

26 and Title VII and is not in derogation of the rights or privileges of any person. The entry

27 of this Decree will further the objectives of Title VII and will be in the best interests of

28

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1 Foam Works, the Commission, and those for whom the Commission alleges relief is

2 appropriate (the Claimant).

3

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

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

5 necessary to implement the relief provided herein.

6

V.

7

EFFECTIVE DATE AND DURATION OF DECREE

8

A. The provisions and agreements contained herein are effective immediately

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

10

B. The duration of this Consent Decree shall be three years from the date of

11 the Effective Date.

12

VI.

13

MODIFICATION AND SEVERABILITY

14

A. This Decree constitutes the parties' complete understanding with respect to

15 the matters contained herein. By the parties' mutual agreement, this Decree may be

16 amended or modified in the interests of justice and fairness in order to effectuate the

17 provisions of the Decree. No waiver, modification, or amendment of any provision of

18 this Decree will be effective unless made in writing and signed by an authorized

19 representative of each of the parties.

20

21

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

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

23 amendments to this Decree in order to effectuate the purposes of the Decree. In any

24 event, the remaining provisions will remain in full force and effect unless the purposes of

25 the Decree cannot, despite the parties' best efforts, be achieved.

26 ///

27 ///

28 ///

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1

VII.

2

COMPLIANCE AND DISPUTE RESOLUTION

3

A. The parties expressly agree that if the Commission has a reason to believe

4 that Foam Works has failed to comply with any provision of this Consent Decree, the

5 Commission may file a motion before this Court to enforce the Decree. Prior to initiating

6 such action, the Commission will notify Foam Works and its legal counsel of record, in

7 writing, of the nature of the dispute. This notice shall specify the particular provision(s)

8 that the Commission believes has/have potentially been breached. Absent a showing by

9 either party that the delay will cause irreparable harm, Foam Works shall have thirty (30)

10 days to attempt to resolve or cure the breach in a manner satisfactory to both parties.

11

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

12 resolve any dispute referenced in the EEOC notice.

13

C. After thirty days have passed with no resolution or agreement to extend the

14 time further, the Commission may petition this Court for resolution of the dispute,

15 seeking all available relief, including an extension of the term of the Decree for such

16 period of time as Foam Works is shown to be in breach of the Decree and the

17 Commission’s costs incurred in securing compliance with the Decree.

18

VIII.

19

MONETARY RELIEF

20 Foam Works, in settlement of this dispute, shall pay to the Claimant the following

21 amounts as provided herein.

22

A. Foam Works shall pay a total of $21,500.00 to the Claimant.

23

B. As the parties agree that the $21,500.00 total payment represents

24

compensatory damages under Title VII, Foam Works is not required to make any

25

employer contributions. Foam Works will provide confirmation of the issuance of

26

a 1099 form or the equivalent as required by law for the payment made to

27

Claimant.

28

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1

C. A copy of the check and accompanying transmittal papers shall be

2

contemporaneously forwarded to the EEOC, c/o Regional Attorney Anna Park,

3

255 E. Temple Street, 4th Floor, Los Angeles, CA 90012.

4

IX.

5

GENERAL INJUNCTIVE RELIEF

6

A. Non-Discrimination

7

1. Discrimination Based on Sex

8

Defendant, its officers, agents, management (including all supervisory employees),

9 successors, assigns, and all those in active concert or participation with them, or any of

10 them, hereby agree not to: (a) discriminate against persons on the basis of sex in the

11 terms and conditions of employment; and (b) engage in or be a party to any action, policy

12 or practice that is intended or is known to them to have the effect of discrimination,

13 harassment or intimidating any employee on the basis of his/her sex; and (c) create,

14 facilitate or permit the existence of a work environment that is hostile to employees due

15 to their sex.

16

2. Retaliation

17

Defendant, its officers, agents, management (including all supervisory employees),

18 successors, assigns, and all those in active concert or participation with them, or any of

19 them, hereby agree not to engage in, implement or permit any action, policy or practice

20 with the purpose of retaliating against any current or former employee because he or she

21 has in the past, or during the term of this Decree: (a) opposed any practice made unlawful

22 under Title VII; (b) filed a charge of discrimination alleging such practice; (c) testified or

23 participated in any manner in any investigation (including without limitation, any internal

24 investigation undertaken, proceeding in connection with this case and/or relating to any

25 claim of a Title VII violation; (d) was identified as a possible witness or claimant in this

26 action; (e) asserted any rights under this Decree; or (f) sought and/or received any relief

27 in accordance with this Decree.

28 ///

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1

B. Revision of Policies Concerning Discrimination

2

Defendant shall provide its current written policy on discrimination within ninety

3 (90) days of the Effective Date. Thereafter, within twenty (20) days of receipt of

4 Defendant’s written policy on discrimination, the Commission shall notify Defendant of

5 the need to revise its policy if necessary to comply with the provisions of this Consent

6 Decree. Defendant shall provide a copy of any revised policy to the Commission within

7 twenty (20) days of receipt of the Commission’s notice. Defendant’s policy shall include:

8

1. A clear explanation of prohibited conduct;

9

2. A clearly described complaint process that provides accessible and

10

confidential avenues of complaint with contact information including

11

address, and telephone number of persons both internal (i.e., human

12

resources) and external to it (“EEOC”) to whom employees may report

13

discrimination.

14

3. Assurance that the employer will protect the confidentiality of the

15

discrimination complaints to the extent possible;

16

4. A complaint process that provides a prompt, thorough, and impartial

17

investigation;

18

5. A procedure for communicating with the complainant regarding the

19

status of the complaint/investigation, results of the investigation, and

20

whether remedial action was taken; and

21

6. Assurance that defendant will take immediate and appropriate

22

corrective action when it determines that discrimination has occurred.

23

C. Training

24

Within six months of the Effective Date, managers shall attend a training program

25 of a minimum of 2.0 hours for managerial employees. Non-managerial employees shall

26 be trained for a minimum of 2.0 hours. The training shall be mandatory.

27

1. All employee training shall include coverage of the subjects of equal

28

employment opportunity rights and responsibilities, discrimination,

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1

harassment, retaliation, and Defendant’s policies and procedures for

2

reporting and handling complaints of discrimination, including any

3

revisions made to such policies and procedures.

4

2. The training of managerial employees shall additionally include

5

training on how to properly handle and investigate complaints of

6

discrimination in a neutral manner, how to take preventive and corrective

7

measures against discrimination, and how to recognize and prevent

8

discrimination.

9

3. For the remainder of the term of this Decree, all new employees and

10

all employees recently promoted from a staff/hourly to a managerial

11

position shall receive the managerial or staff/hourly employee training, as

12

required herein, within thirty (30) days of hire or promotion. Such training

13

may be conducted by videotaped presentation.

14

4. After the initial training as specified above, all employees shall

15

receive a refresher training annually thereafter for the remainder of the term

16

of this Decree.

17

5. All employees required to attend such training shall verify their

18

annual attendance in writing. Any managerial employees who fail to attend

19

the live training shall be trained within 30 days of their return to work. This

20

training may be conducted by videotaped presentation.

21

6. Within forty-five (45) days after the execution of the Consent

22

Decree, Defendant shall submit to the EEOC a description of the training to

23

be provided and an outline of the curriculum developed for the trainees,

24

which complies with this Decree.

25

7. A complainant shall not be required to first report the complaint to a

26

person who the complainant has accused of the inappropriate conduct to

27

invoke the Internal Complaint Procedure.

28

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1

8. The Internal Complaint Procedure is not intended to supplant the right

2

of any employee to file a charge or complaint of discrimination or

3

retaliation under any available municipal, state, or federal law.

4

X.

5

RECORD KEEPING AND REPORTING

6

A. Record Keeping

7

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

8 centralized tracking of discrimination complaints and the monitoring of such complaints

9 to prevent retaliation. The records to be maintained shall include:

10

1. All documents generated in connection with any complaint,

11

investigation into, or resolution of every complaint of discrimination for the

12

duration of the Decree and the identities of the parties involved;

13

2. All forms acknowledging employees= receipt of Foam Works=

14

discrimination policy, along with any required revisions;

15

3. All documents verifying the occurrence of all training sessions and

16

names and positions of all attendees for each session as required under this

17

Decree; and

18

4. Documents tracking and analyzing complaints filed against the same

19

employee and location.

20 The EEOC shall have the right to inspect documents as required under this Decree.

21 EEOC shall give twenty days notice prior to requesting the documents.

22

B. Reporting

23

1. Within ninety (90) days after the first presentation of defendant’s

24

training program described above, a report shall be submit to the EEOC

25

which contains:

26

a. A copy of the discrimination policy, along with any required

27

revisions;

28

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1

b. A summary of the procedures and record-keeping methods

2

for centralized tracking of discrimination complaints and the

3

monitoring of such complaints; and

4

c. Training Materials, including video-tapes.

5

2. Defendant shall thereafter inform the EEOC semi-annually as of the

6

Effective Date, for the duration of the Consent Decree, of the following:

7

a. Compliance with the training requirements under the Decree,

8

including notice from Defendant regarding whether each employee

9

received the required training, and if employees did not receive

10

training, the reasons why;

11

b. Notice of any revisions to the policies and procedures;

12

c. An analysis of the monitoring done for repeat complaints by

13

employees and by location.

14

d. copies of all training materials, including video-tapes, if it differs

15

from the initial reporting.

16

XI.

17

COSTS OF ADMINISTRATION AND IMPLEMENTATION

18

OF CONSENT DECREE

19

Foam Works shall bear all costs associated with its administration and

20 implementation of its obligations under this Consent Decree.

21

XII.

22

COSTS AND ATTORNEYS’ FEES

23

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

24

XIII.

25

MISCELLANEOUS PROVISIONS

26

A. During the term of this Consent Decree, Foam Works shall provide any

27 potential successor-in-interest with a copy of this Decree within a reasonable time of not

28 less than thirty days prior to the execution of any agreement for acquisition or assumption

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1 of control of any or all of Foam Works’ operations, or any other material change in

2 corporate structure at that location, and shall simultaneously inform the EEOC of same.

3

B. During the term of this Decree, Foam Works and its successors shall assure

4 that each of its officers, managers, and supervisors is aware of any term in this Decree

5 which is related to his/her job duties.

6

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

7 approval by the Court.
8 9 10

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Anna Y. Park Angela D. Morrison

11 Date: __________________
12 13 14

By: _____________________________ Anna Y. Park Attorneys for Plaintiff
FOAM WORKS, LLC

15 Date: __________________
16 17

By: _____________________________ Jennifer Randlett Madden Attorneys for Defendant

18

ORDER

19

20

The provisions of the foregoing Consent Decree are hereby approved and

21 compliance with all provisions thereof is HEREBY ORDERED.

22 23 Date: October 12, 2007

24

__________________________________

MORRISON C. ENGLAND, JR

25

UNITED STATES DISTRICT JUDGE

26

27

28

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 1

EXHIBIT “A”

2 NOTICE TO ALL EMPLOYEES
3 This Notice is being posted pursuant to a Consent Decree entered by the federal court in
4 U.S. EEOC v. Foam Works, LLC, Case No.2:06-CV-02146-MCE-EFB (E.D. Cal.), settling a lawsuit filed by the Equal Employment Opportunity Commission (“EEOC”).
5 In its suit, the EEOC alleged that Foam Works (“Foam Works”) subjected Charging Party
6 to harassment and retaliation because of her sex, Female, in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”). Foam Works denies the allegations.
7 To resolve this lawsuit the parties have entered into a Consent Decree which requires,
8 among other things, that Foam Works:

9

1) provide periodic reports to the EEOC of its employment practices; and

10

2) provide training to its employees to prevent and correct discrimination.

11

3) provide compensation to the Charging Party.

12

The EEOC enforces the federal laws against discrimination in employment on the basis of

disability, race, color, religion, national origin, sex, pregnancy, and age. If you believe you have 13 been discriminated against, you may contact the EEOC at 255 E. Temple Street, 4th Floor, Los

Angeles. (213) 894-1000; or the California Department of Fair Employment and Housing

14 (DFEH); phone (213) 439-6799. The EEOC charges no fees and has employees who speak

languages other than English.

15

No action may be taken against you by any management official of Foam Works for: (1)

16 opposing discriminatory practices made unlawful by federal law, (2) filing a charge or assisting

or participating in the filing of a charge of discrimination, or (3) assisting or participating in an

17 investigation brought under Title VII. Should any such retaliatory actions be taken against you,

you should contact the EEOC or the DFEH at the address listed above.

18

THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE

19

This Notice must remain posted for three (3) years from the date below and must not be

20 altered, defaced or covered by any other material. Any questions about this Notice or

compliance with its terms may be directed to: EEOC, 255 East Temple Street, 4th Floor, Los

21 Angeles, CA 90012 or call (213) 894-1000.

22 Dated: October 12, 2007
23 24 25

________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

26

27

28

1

 
 CIVIL, VDRP−T
U.S. District Court Eastern District of California − Live System (Sacramento) CIVIL DOCKET FOR CASE #: 2:06−cv−02146−MCE−EFB

U.S. Equal Employment Opportunity Commission v. Foam Works, LLC. Assigned to: Judge Morrison C. England, Jr Referred to: Magistrate Judge Edmund F. Brennan Cause: 42:2000 Job Discrimination (Sex)
Plaintiff

Date Filed: 09/27/2006 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

U.S. Equal Employment Opportunity Commission

represented by Angela D. Morrison−GOVT Equal Employment Opportunity Commission 333 South Las Vegas Boulevard Suite 8112 Las Vegas, NV 89101 702−388−5099 Fax: 702−388−5094 Email: angela.morrison@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Anna Y. Park US Equal Employment Opportunity Commission 255 East Temple Street Fourth Floor Los Angeles, CA 90012 (213) 894−1080 Fax: (213) 894−1301 Email: lado.legal@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Foam Works, LLC.

represented by Erik P Khoobyarian Downey Brand LLP 555 Capitol Mall, 10th Floor Sacramento, CA 95814 (916) 444−1000 x6476 Fax: (916) 444−2100 Email: ekhoobyarian@downeybrand.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/27/2006
09/27/2006 09/27/2006

# Docket Text
1 COMPLAINT Civil Rights − Sex Harassment; Retaliation against Foam Works, LLC. by U.S. Equal Employment Opportunity Commission. Attorney Park, Anna Y added.(Park, Anna) (Entered: 09/27/2006)
2 CIVIL COVER SHEET by U.S. Equal Employment Opportunity Commission (Park, Anna) (Entered: 09/27/2006)
3 SUMMONS ISSUED as to *Foam Works, LLC.* with answer to complaint due within *20* days. Attorney *Anna Y. Park* *US Equal Employment Opportunity Commission* *255 East Temple Street, 4th Floor* *Los Angeles, CA 90012*. (Duong, D) (Entered: 09/27/2006)

09/27/2006 11/24/2006 12/27/2006
01/23/2007 01/23/2007 02/05/2007
05/24/2007 09/26/2007 10/15/2007
10/15/2007

4 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Forms # 2 VDRP Forms) (Duong, D) (Entered: 09/27/2006)
5 NOTICE − Proof of Service by U.S. Equal Employment Opportunity Commission for 4 Civil New Case Documents for MCE. (Park, Anna) Modified on 11/27/2006 (Marciel, M). (Entered: 11/24/2006)
6 WAIVER of SERVICE RETURNED EXECUTED by U.S. Equal Employment Opportunity Commission. Attorney Morrison−GOVT, Angela D. added. Foam Works, LLC. waiver sent on 11/24/2006, answer due 1/23/2007. (Morrison−GOVT, Angela) (Entered: 12/27/2006)
7 JOINT STATUS REPORT by U.S. Equal Employment Opportunity Commission. (Morrison−GOVT, Angela) (Entered: 01/23/2007)
8 ANSWER to COMPLAINT by Foam Works, LLC.. Attorney Khoobyarian, Erik P added.(Khoobyarian, Erik) (Entered: 01/23/2007)
9 PRETRIAL (STATUS) SCHEDULING ORDER signed by Judge Morrison C. England Jr. on 2/5/2007: Designation of Expert Witnesses due by 11/13/2007. Discovery due by 9/13/2007. Dispositive Motion due by 2/13/2008. Final Pretrial Conference set for 5/12/2008 at 03:30 PM and Jury Trial set for 6/11/2008 at 09:00 AM in Courtroom 3 before Judge Morrison C. England Jr.. Upon the stipulation of the parties in their 7 Joint Status Report this matter is REFERRED to the VDRP. (Deutsch, S) Modified on 2/15/2007 (Yin, K). (Entered: 02/05/2007)
[TEXT ONLY ENTRY] REMOVAL from VDRP, terminating VDRP party. This case has settled prior to the VDRP process.(Martinez, L) (Entered: 05/24/2007)
11 STIPULATION [PROPOSED] CONSENT DECREE; ORDER by U.S. Equal Employment Opportunity Commission. (Morrison−GOVT, Angela) (Entered: 09/26/2007)
12 STIPULATION and ORDER re 11 (Proposed) Consent Decree, signed by Judge Morrison C. England Jr. on 10/12/07. The provisions of the foregoing Consent Decree are hereby APPROVED and compliance with all provisions thereof is Hereby ORDERED.(Kastilahn, A) (Entered: 10/15/2007)
13 ORDER signed by Judge Morrison C. England Jr. on 10/12/07 re Exhibit "A" − Notice to All Employees pursuant to 12 Consent Decree entered by the USDC. (Kastilahn, A) (Entered: 10/15/2007)