UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

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:

EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION,

:

:

Plaintiff,

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:

v.

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:

NINE WEST FOOTWEAR CORP.

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and JONES APPAREL GROUP, INC.,

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successor in interest to

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NINE WEST GROUP, INC.,

:

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Defendants.

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:

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ECF Case
CIVIL ACTION NO. 04-CV-7781
COMPLAINT AND JURY TRIAL DEMAND
Judge McMahon

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex, female, and national origin, Hispanic, and to provide appropriate relief to Karen Leon and a class of similarly situated employees at Defendants’ White Plains facility who were affected by such practices. As alleged with greater specificity in paragraph 9 below, Defendants subjected a class of female employees to sexual harassment, national origin harassment and constructive discharge. In addition, Defendants retaliated against Karen Leon when she complained of the harassment.

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. 2. The alleged unlawful employment practices were and are now being committed within the jurisdiction of the United States District Court for the Southern District of New York.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the “Commission”) is the agency of the United States of America charged with administration, interpretation, and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Jones Apparel Group, Inc. has continuously been a Pennsylvania corporation doing business in the State of New York, Westchester County, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant Jones Apparel Group, Inc. has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and
2

(h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h). 6. At all relevant times, Defendant Nine West Footwear
Corp. has continuously been a Delaware corporation doing business in the State of New York, Westchester County, and has continuously had at least fifteen employees.
7. At all relevant times, Defendant Nine West Footwear Corp. has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Karen Leon filed charges with the Commission, on behalf of herself and similarly situated female employees, alleging violations of Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least June 2002, Defendants engaged in unlawful employment practices at its facility in White Plains, New York in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1). These practices include, but are not limited to, the following:
a. Defendants subjected a class of female employees to a hostile work environment because of their sex. The harassment included, but was not limited to, solicitations for sex, sexually explicit jokes and comments, unwelcome
3

sexual advances and gestures and physical groping of female employees by a male manager. For example, a senior manager touched Ms. Leon on more than one occasion, including on her thigh, and asked her if she was ready to have an affair.
b. Defendants subjected a class of Hispanic employees to a hostile work environment based on their national origin. The harassment included, but was not limited to, repeated offensive and demeaning comments and ridicule based on their national origin. For example, a senior manager referred to Hispanic employees using offensive terms and made repeated comments regarding the ability of female Hispanics to perform sex acts.
c. Although female employees repeatedly complained about the harassment, Defendants made no efforts reasonably calculated to prevent or eradicate the continuing behavior and hostile work environment.
d. Defendants constructively discharged Karen Leon and similarly situated female employees by failing to remedy the hostile work environment and by subjecting them to conditions that were so intolerable that they were forced to resign.
e. Defendants retaliated against Karen Leon after she complained of harassment based on sex and national origin. The retaliation included threats to terminate Ms. Leon and harassment.
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10. The effect of the practices complained of above has been to deprive a class of female employees and a class of Hispanic employees of equal employment opportunities, inflict emotional pain and suffering upon them, cause them to suffer financial losses and otherwise adversely affect them.
11. The unlawful employment practices complained of in paragraph 9 above were intentional.
12. The unlawful employment practices complained of in paragraph 9 above were done with malice or with reckless indifference to the federally protected rights of Karen Leon and the class of similarly situated employees, and are imputable to the Defendants.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining Defendants, its officers, successors, assigns and all persons in active concert or participation with Defendants, from engaging in any employment practice which discriminates on the basis of sex and national origin and unlawful retaliation.
B. Order Defendants to institute and carry out policies, practices, and programs which provide equal opportunities for employees to work in an environment free from unlawful discrimination and provide affirmative relief necessary to eradicate the effects of Defendants’ past and present unlawful employment practices.
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C. Order Defendants to make whole Karen Leon and the class of similarly situated employees by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of their unlawful employment practices including, but not limited to, front pay and reinstatement.
D. Order Defendants to make Karen Leon and the class of similarly situated employees whole by providing compensation for past and future pecuniary losses resulting from their unlawful treatment, including prejudgment interest, in amounts to be determined at trial.
E. Order Defendants to compensate Karen Leon and the class of similarly situated employees for past and future non-pecuniary losses resulting from the unlawful employment practices described above, including but not limited to emotional pain, suffering and inconvenience in amounts to be determined at trial.
F. Order Defendants to pay Karen Leon and the class of similarly situated employees punitive damages for their conduct described above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs in this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
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Respectfully submitted,
Eric S. Dreiband General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
James L. Lee Deputy General Counsel
Gwendolyn Y. Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 “L” Street, N.W. Washington D.C. 20507
_________________________ Elizabeth Grossman Acting Regional Attorney
Lisa Sirkin Supervisory Trial Attorney
_________________________ Robert D. Rose (RR-9174) Trial Attorney
New York District Office 33 Whitehall Street 5th floor New York, New York 10004 212.336.3708 (p) 212.336.3623 (f) robert.rose@eeoc.gov
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 ,, I,
,
I{ 1

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

---------------------------------------------------------------)(

EQUALENWLOYMENTOPPORTUNITY COMMISSION,

Plaintiff,

v.

CIVIL ACTION NO.

04 CV 1671

NINE WEST FOOTWEAR CORP. and JONES APPAREL GROUP, INC., successor in interest to NINE WEST GROUP, INC.,

ECF Case

Defendants.

---------------------------------------------------------------)(

CONSENT DECREE

TABLE OF CONTENTS

PART I

GENERAL PROVISIONS

Section 101 Introduction

Section 102 Purpose of the Decree

Section 103 Prohibited Conduct and Injunction to Not Discriminate

Section 104 Consent to Jurisdiction

Section 105 hnplementation of the Decree

Section 106 Amendments to the Decree

Section 107 Duration of the Decree

Section 108 Severability

Section109 Breach of Decree

Section 110 Notices

PART II SYSTEMIC RELIEF Section 201 Posting and Distribution of Notices Section 202 Non-Discrimination Policy and Complaint Procedures Section 203 Training Section 204 Monitoring and Reporting Section 205 Compliance with Record-keeping Requirements Section 206 Miscellaneous

1 ,I

PART III MONETARY AND OTHER RELIEF Section 301 Claims Fund Section 302 References Provided to Individuals

PART IV SIGNATURES

PART V EXHIBITS

Exhibit A Exhibit B

Notice of Resolution
Title vn Memo

Exhibit C Defendants' Policies and Procedures Concerning Discrimination

Exhibit D Claimant List (filed under seal)

Exhibit E Claim Form

Exhibit F Limited Release

Exhibit G General Release

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PART I

GENERAL PROVISIONS

Section 101 Introduction

The Plaintiff Equal Employment Opportunity Commission ("EEOC" or "Commission")

and Defendants Nine West Footwear Corp., successor in interest to Nine West Group, Inc., and

Jones Apparel Group, Inc. (collectively "Defendants") have agreed to. resolve this action by the

terms of this Consent Decree ("Decree") as set forth below.

On September 30,2004, the Commission brought this action under Title VII of the Civil
I
Rights Act of 1964, to correct unlawful discrimination on the basis of sex and national origin and
I
to make whole Karen Leon and the class of individuals who were harassed based on their sex

andlor their national origin andlor retaliated against by Defendants. EEOC's complaint alleges

that the sexual harassment included, but was not limited to, solicitations for sex, sexually explicit

jokes and comments, unwelcome sexual advances and gestures and physical groping of female

employees by a male manager. The national origin harassment included, but was not limited to,

repeated offensive and demeaning comments and ridicule based on their national origin. The

complaint further alleges that although female employees repeatedly complained about the

harassment, Defendants made no efforts reasonably calculated to prevent or eradicate the

continuing behavior and hostile work environment.

The complaint also alleges that Defendants constructively discharged Karen Leon and

similarly situated female employees by failing to remedy the hostile work environment and by

subjecting them to conditions that were so intolerable that they were forced to resign. The

complaint further alleges that Defendants retaliated against Karen Leon after she complained of

1

• I
harassment based on her sex and national origin. Through this action, the Commission seeks injunctive relief and monetary damages for all
individuals affected by Defendants' discriminatory acts.
Section 102 Purpose of the Decree A. The parties, defined as the EEOC and Defendants, desire to settle this action, and
therefore do hereby stipulate and consent to the entry of this Decree as final and binding between the parties and their successors, assigns, subsidiaries, affiliates, and any other corporation or other entity into which any of Defendants may merge or with which any of them may consolidate. Defendants shall provide notice and a copy of this Consent Decree to any successors, assigns, subsidiaries, affiliates, and any other corporation or other entity into which any of Defendants may merge or with which any ofthem may consolidate.
B. The Consent Decree resolves all issues relating to the class of individuals described in EEOC's complaint except for the individual claims of Karen Leon. Ms. Leon filed EEOC charge number 160-2004-01345, which served as the jurisdictional prerequisite in this
'"
case. EEOC shall issue a Notice of Right to Sue letter to Karen Leon for EEOC Charge Number 160-2004-01345 upon request or within 30 days ofthe Court's preliminary approval ofthe Decree. Defendants agree that this Decree in no way prohibits Karen Leon from proceeding with any or all of her individual claims. The Decree does not resolve any charge of discrimination currently pending before the EEOC, or any charge that may be filed in the future, other than the charge listed above as it relates to the class of individuals described in EEOC's complaint. The
2

EEOC reserves all rights to proceed regarding matters not covered in this Consent Decree. C. The terms of this Decree represent the full and complete agreement ofthe parties.
The parties agree that this Decree may be entered into without Findings of Fact and Conclusions of Law being made and entered by the Court.
D. This Consent Decree does not constitute an admission.by Defendants to any
violations of those provisions of Title vn of the 1964 Civil Rights Act prohibiting sex
discrimination, and Defendants denies any such violations.
Section 103 Prohibited Conduct and Injunction to Not Discriminate A. Defendants, their managers, officers, agents, successors, and assigns are hereby
enjoined from discriminating against any individual because of the individual's sex or national origin and from retaliating against any individual because that individual is a beneficiary of this Decree, has filed a complaint, or has provided information, assistance, or participated in any other manner in the investigation or litigation of this matter.
B. Nothing in this Consent Decree shall be construed to limit or reduce Defendants' obligations to comply with the statutes enforced by the Commission: Title VII of the 1964 Civil Rights Act, as amended, 42 U.S.C. §2000e, et seq., Title I of the Americans with Disabilities Act, 42 U.S.C. §12101, et seq., Age Discrimination in Employment Act, 29 U.S.C. §621, et seq., and Equal Pay Act, 29 U.S.C. §206(d).
Section 104 Consent to Jurisdiction
3

• I
A. The Commission and Defendants agree that this Court has jurisdiction over the subject matter of this litigation and the parties for the duration of this Decree, that venue is proper, and all administrative prerequisites have been met. No party shall contest the validity of this Decree or the jurisdiction of the federal district court to enforce this Decree and its terms.
B. The Court shall retain jurisdiction over this Action for the duration ofthe Decree for all purposes including, but not limited to, the entering of all orders, judgments, and decrees as necessary to implement the relief provided herein. In any action to enforce the terms of this Decree, the Court will have full authority to order any remedy the Court deems appropriate, including, but not limited to, specific performance and/or extension of the Decree beyond the three year term.
Section 105 Implementation of the Decree The Commission and Defendants agree to take all steps that may be necessary to fully
effectuate the terms of this Consent Decree.
Section 106 Amendments to the Decree By mutual consent of the parties, this Consent Decree may be amended in the interest of
justice and fairness and to facilitate execution of the Decree's provisions. No waiver, modification or amendment of any provision of this Consent Decree shall be effective unless made in writing, approved by all Parties to this Decree, and approved or ordered by the Court, except that the Parties may mutually agree to modify the procedures in Sections 202 and 203
4

without approval of the Court or as otherwise indicated herein.
Section 107 Duration of the Decree A. The Consent Decree shall remain in effect for three (3) years from the final
approval date ofthe Decree. The effective date of the Decree shall be the date it is signed by and receives final approval from the Court. The Decree shall not expire against any signatory while any enforcement action is pending against that signatory.
B. Ifthe EEOC has notified Defendants in writing not leis than 15 days in advance of the termination of the Decree that Defendants are not in compliance with any sections of the Decree, Defendants' obligations under the Decree shall remain in effect until the EEOC determines that the Defendants are in compliance.
Section 108 Severability If one or more provisions of this Decree are rendered unlawful or unenforceable as a
result of a legislative act or a decision by a court of competent jurisdi~tion, the following shall apply to insure that the Decree continues to effectuate the intent of the Parties. The provisions of this Decree which are not rendered unlawful, unenforceable or incapable of performance as a result of such legislative act or court decision, shall remain in full force and effect, and the Parties' responsibilities shall not abate as to any and all provisions that have not been rendered unlawful or unenforceable, except to the extent that the intent of the Decree would be undermined.
5

Section 109 Breach of Decree The parties agree that they will cooperate to effectuate and implement all terms and
conditions ofthis Decree, and exercise good faith efforts to accomplish the terms and conditions of this Decree. The Commission and all Defendants agree to confer regarding any dispute arising from the implementation of this Decree. In the event the parties are unable to resolve this dispute, any action relating to this Decree shall be filed in the Court that approves this Decree. This Decree shall be construed under applicable federal law.

Section 11 0 Notices

Except as otherwise provided for in this Decree, all notifications, reports and

communications to the Parties required under this Decree shall be made in writing and shall be

sufficient as hand-delivered, faxed or sent by certified, registered or overnight mail to the

following persons (or their designated successors):

For EEOC:

Robert D. Rose U.S. EEOC 33 Whitehall Street 5th floor New York, NY 10004 Fax: 212.336.3623

For Defendants:

Howard Robbins Paul Salvatore Proskauer Rose 1585 Broadway New York, NY 10036-8299 Fax: 212.969.2900

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.'
Patricia Anne Lind Associate General Counsel Jones Apparel Group 1129 Westchester Avenue White Plains, New York 10604 Fax: 914.640.3473 Any party may change such addresses by written notice to the other parties that sets forth a new address for this purpose. Notwithstanding the provisions for n6tification contained in this paragraph, the Parties may, after agreement memorialized in writing, send each other such notifications, reports and communications by email.
PART II SYSTEMIC RELIEF
Section 201 Posting and Distribution of Notices A. Posting of Notice of Resolution Within ten (10) days ofthe final approval date ofthis Decree, Defendants shall conspicuously
post and maintain a "Notice of Resolution" regarding this lawsuit (attached as Exhibit A), in all prominent places where employee notices are posted at Defendants' facility at 1129 Westchester
Avenue in White Plains, New YorK-(hereinafter "White Plains facility"). This Notice shall remain
posted for one (1) year commencing with the effective date of the Decree. B. Provision of Notice and Memo to Employees Within ten (10) days of the final approval date of this Decree, Defendants shall provide a
copy of the Notice ofResolution (exhibit A) and a memo setting forth the requirements of Title VII
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, I
(attached as exhibit B), to all employees at Defendants' White Plains facility. For the duration of the Decree, Defendants shall provide the same Notice of Resolution and memo to all future employees at the White Plains facility at the commencement oftheir employment.
C. Posting of EEO Posters All Defendants will post EEO posters in places visually accessible to applicants and employees of Defendants as required by federal regulations.
Section 202 Non-Discrimination Policy and Complaint Procedures A. Required Content of Non-Discrimination Policies and Procedures Defendants shall maintain comprehensive policies prohibiting all forms of employment
discrimination made unlawful under federal laws. Defendants also shall maintain effective complaint procedures for discrimination complaints which ensure that a thorough, fair and timely investigation of complaints are conducted by a qualified and trained person(s). The policies and procedures shall set forth Defendants' commitment to equal opportunity in all aspects of employment and, at a minimum, set forth the following:
1. A detailed explanation of prohibited conduct; 2. The assurance that Defendants will not retaliate against employees who make complaints of discrimination, who oppose practices they consider to be unlawfully discriminatory, and/or who participate in protected activity or who provide information related to complaints of discrimination; 3. A clearly described complaint process that provides accessible avenues of complaint with a number of choices of individuals to whom complaints can be made, including
8

} I
persons outside the employee's chain of command; 4. The assurance that Defendants will accept any and all complaints from
employees who wish to file complaints internally. The policies shall state that the filing of anonymous complaints is permitted and include safeguards to preserve the anonymity when requested by a complainant;
5. The assurance that Defendants will keep confidential to the extent possible and not publicize unnecessarily the subject matter of the complaints or the identity of the complainants;
6. A complaint process that provides a prompt, thorough, and effective investigation, including interviewing complainant and all witnesses and obtaining and reviewing all material documents identified by the complainant or respondent to the extent necessary to reach a reasonable conclusion concerning the allegations;
7. A requirement that such investigations be thoroughly documented in written form;
8. Upon completion of an investigation into a discrimination complaint, promptly communicate to the complainant and the respondent a summary ofthe conclusions reached as a result of the investigation;
9. The assurance that Defendants will take prompt and appropriate corrective action when it determines that discrimination has occurred;
10. A strict requirement that any manager who observes or learns of possible discrimination report it immediately;
11. Defendants shall provide an optional complaint form with their Policies and 9

Procedures. B. EEOC Approval of Non-Discrimination Policies and Procedures Defendants have adopted the attached Anti-Discrimination and Anti-Harassment Policyprior
to the execution of this Decree (Exhibit C). Under no circumstances shall the EEOC, by commenting or electing not to comment on Defendants' Policies and Procedures, be deemed to have waived its right to investigate or litigate any alleged violation of federal law enforced by the EEOC, related to or resulting from the implementation of any such policy.
C. Issuance of Policies and Procedures Defendants shall issue their Policies and Procedures concerning discrimination to all employees within ten (10) days ofthe final approval date ofthe Decree. The Policies and Procedures shall be issued with a letter signed by the President of Defendant Jones Apparel Group, mc. affirming Defendants' commitment to maintaining a work environment free of discrimination. Defendants shall include their updated Policies and Procedures in their Employee Handbook. . Defendants shall provide all new employees with copies ofthe Policies and Procedures within five (5) days of the commencement of their employment. D. Modification of Policies and Procedures IfDefendants wish to modify their Policies and Procedures concerning discrimination during the term of the Decree, it shall do so only after submitting the modified Policies and Procedures to the EEOC for approval and receiving such approval in writing.
Section 203 Training A. Initial Training 10

• I
1. Approval by the EEOC Within thirty (30) days of the final approval date of the Decree, Defendants shall submit to the EEOC proposed training programs for (a) non-supervisory employees, (b) supervisory and management employees, and (c) human resource employees at their White Plains facility. Each training program will include the following: (a) a detailed agenda with proposed training materials, (b) curricula vitae(s) for the individual(s) who will conduct the training, (c) a plan to ensure that all employees receive the required training. The trainings shall be conducted by outside contractors selected by Defendants and approved by the Commission, except that training concerning the requirements ofthe Consent Decree shall be conducted by counsel for Defendants. The failure of Defendants to submit a proposed training program within thirty (30) days of the final approval date ofthe Decree shall be deemed a material breach ofthe Decree and the Court shall be notified ofthe breach.
2. Content and Duration of the Initial Training The initial training shall review the rights and responsibilities of employees under federal anti-discrimination laws and how such laws define unlawful discrimination. The training shall include examples ofunlawful conduct. The training also will cover Defendants' anti-discrimination policies and procedures with particular emphasis on the internal complaint, investigation and remediation process and an employee's right to file with EEOC and state or local agencies. The training also shall cover the requirements of this Consent Decree. The training shall be three (3) hours in duration. Within thirty (30) days ofreceiving Defendants' training proposal, the EEOC will advise Defendants of any changes to be implemented by Defendants and/or approve the training program.
11

3. Scheduling and Confirmation of Training Within ninety (90) days of receiving approval of the training program from EEOC, Defendants shall complete all initial training programs. All non-supervisory employees, supervisory and management employees, and human resource employees shall attend the appropriate initial training session. Within ten (10) days of any training session, Defendants shall provide the EEOC with an attendance sheet that includes the date, the names ofthose in attendance and the signatures of those in attendance. The failure of Defendants to complete all initial training programs within
ninety (90) days ofthe receiving approval oftheir program from EEOt, or the failure ofDefendants
I
to provide attendance sheets within ten (10) days ofany training session, shall be deemed a material breach of the Decree and the Court shall be notified of the breach.
B. Annual Training 1. Annual Training for Non-supervisory Employees
On an annual basis, Defendants will provide all non-supervisory employees at its White Plains facility with at least two (2) hours of EEO training as described below in sub-paragraph 4. The failure ofDefendants to provide two (2) hours of annual training to non-supervisory employees shall be deemed a material breach of the Decree and the Court shall be notified of the breach.
2. Annual Training for Management and Supervisory Employees On an annual basis, Defendants will provide all supervisory and management employees at its White Plains facility with at least three (3) hours of EEO training las described below in subparagraph 4. The failure of Defendants to provide three (3) hours of annual training to supervisory and management employees shall be deemed a material breach ofthe Decree and the Court shall be notified of the breach.
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3. Annual Training for Human Resources Employees On an annual basis, Defendants will provide all human resource employees at its White Plains facility with at least six (6) hours ofEEO training as described below in sub-paragraph 4. The failure of Defendants to provide six (6) hours ofannual training to human resources employees shall be deemed a material breach of the Decree and the Court shall be notified of the breach.
4. Required SUbjects of Annual Training The annual training programs shall include: a. For non-supervisory, supervisory and management, and human resources employees, instruction on the requirements of all applicable equal employment opportunity laws including, but not limited to, Title VII ofthe Civil Rights Act of 1964, as amended, the Pregnancy Discrimination Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act and the Equal Pay Act, and a review of Defendants' non-discrimination policies and procedures with particular emphasis on the complaint procedure. b. For supervisory, management and human resources employees, instruction on any policies and requirements related to this Consent Decree and instruction on the specific requirements ofthis Consent Decree and the proper procedures for responding to complaints of discrimination or harassment. Counsel for Defendants shall provide the training on policies and requirements related to this Decree. C. Training for New Employees 1. Defendants shall provide two (2) hours of training for all new non-supervisory employees, three (3) hours of training for all new management/supervisory employees, and six (6) hours oftraining for all new human resource employees at its White Plains facility within thirty (30)
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! I
days of the commencement of their employment. The training shall reVIew the rights and

responsibilities of employees under federal anti-discrimination laws and how such laws define

unlawful discrimination. The training shall include examples ofunlawful conduct. The training also

will cover Defendants' anti-discrimination policies and procedures with particular emphasis on the

internal complaint, investigation and remediation process and an employee's right to file with EEOC

and state or local agencies. The training also shall cover the requirements of this Consent Decree.

D. Reporting Requirements for Training

.

All employees attending any training session described in thJ above paragraphs shall print
I
and sign their full name on an attendance sheet. Within ten (10) days ofthe completion any trainings

described in the preceding paragraph, Defendants shall provide the Legal Unit of the EEOC, New York District Office, 33 Whitehall Street, 5th floor, New York, New York 10004 (attention: Robert

D. Rose), with copies of all attendance sheets. For the duration of this Decree, on a semi-annual

basis beginning six months after the effective date ofthe Decree, Defendants shall provide the Legal

Unit of the EEOC, New York District Office, with attendance sheets pertaining to trainings given

to new employees and a list of the employees, if any, who did not attend training as required.

E. Pre-Training Notification Requirement

At least thirty (30) days prior to the Initial and Annual trainings required under this Section,

Defendants will provide the EEOC notice of the date, time and location of the scheduled training.

The EEOC, at its discretion, may attend and observe one or more of the training sessions and may I I
provide changes to be implemented by the trainer.

Section 204 Monitoring and Reporting 14

A. Monitoring by the EEOC In addition to the other monitoring provisions contained in the Decree, the EEOC may monitor Defendants' compliance with the Consent Decree for the duration ofthe Decree through the inspection of Defendants' premises, records and interviews with employees at reasonable times. Defendants shall make available for inspection and copying any records reasonably related to the Decree, upon reasonable notice by the EEOC. B. Reporting Requirements for Discrimination Complaints For the duration ofthis Decree, every three months beginning tkee months after the effective
I
date of the Decree, Defendants shall provide a written report to the Legal Unit of the EEOC, New York District Office (attention: Robert D. Rose), with information regarding any verbal or written complaints of discrimination from employees or applicants at its White Plains facility which were received during the preceding three months. The report shall include the name of the complainant, the name ofthe alleged harasser or discriminator, a list ofeach step taken by Defendants during the investigation, a summary of the complaint, the location, the results of any investigation of the complaint, and any remedial action taken by Defendants. The report shall include all open complaints and all complaints closed or resolved within the prior three months.
Section 205 Compliance with Record-keeping Requirements A. Record Retention For the duration of the Decree, Defendants agree to maintain such records as are necessary
to demonstrate its compliance with the Decree and 29 C.F.R. §1602 et seq. and to verify that the reports submitted pursuant to the Decree are accurate.
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J I
Section 206 Miscellaneous A. Management Evaluation and Accountability Policy Within thirty (30) days of the final approval date of the Decree, Defendants shall modify
existing procedures for evaluating the performance ofmanagers and supervisors to include a factor encompassing compliance with Defendant's discrimination polices and procedures, and with federal anti-discrimination laws.
PART III MONETARY AND OTHER RELIEF Section 301 Claims Fund A. Establishment of Claims Fund Defendants agree to pay $600,000 into a Claims Fund to be distributed to female employees of Defendants who were subjected to sexual harassment, national origin harassment and/or retaliation by Defendants (hereinafter "claimants"). Defendants shall deposit the $600,000 into a segregated, interest bearing account at Wachovia Bank in Bristol, Pennsylvania within five (5) days of Preliminary Approval of this Decree by the Court (see §301.B immediately below). B. Preliminary Approval of the Decree "Preliminary approval" of the Decree shall refer to the provisional approval of the Decree by the Court pending the finalization of the Claimant List to be contained in Exhibit D and as discussed in §301.C.3 below. C. Claims Process 1. Determination of Eligibility of Potential Claimants
16

The EEOC shall have sole discretion to determine the eligibilitY of potential claimants for relief under this Decree based on the Claim Form (Exhibit E) submitted by the potential claimant, the potential claimant's credibility and, if necessary, through interviews and a review of additional information and documents. Defendants shall comply in a timely manner, but not later than ten (10) days, with reasonable requests from the EEOC for information regarding potential claimants.
2. Determination of Monetary Awards for Claimants The EEOC shall have sole discretion to determine the monetary awards to be distributed to claimants. The EEOC shall consider the following, inter alia, in detJrmining monetary awards: a)
I
the duration of the harassment suffered by the claimant, b) the frequency ofthe harassment suffered by the claimant, c) the nature and the severity ofthe harassment suffered by the claimant, d) whether the claimant complained about the harassment and, ifso, when and to whom she complained, e) who harassed the claimant, f) whether the claimant was constructively discharged due to the harassment or terminated in retaliation for complaining about the harassment, g) whether the claimant was retaliated against in any way and h) the claimant's credibility. In EEOC's sole discretion, the monetary awards may include a pro rata share of any amount remaining in the Claims Fund after all distributions have been made including any interest earned by the Claims Fund account.
3. Claimant List Upon determining the monetary awards to be distributed to claimants, the EEOC shall prepare a Claimant List (Exhibit D) and provide it to Defendants and ,he Court. The parties shall immediately seek final approval of the Decree upon the submission of,Exhibit D to the Court.
4. Notification to Potential Claimants Upon final approval ofthe Decree by the Court, the EEOC shall send a Notification
17

Letter to all potential claimants who submitted a Claim Form regarding their eligibility for a monetary award. The Notification Letter shall also contain the amount of the estimated monetary award for eligible claimants.
5. Objections by Claimants and Potential Claimants A claimant or potential claimant may raise an objection to the EEOC's determination of eligibility by delivering to the Court and the EEOC a written explanation of the basis for the objection. Objections must be filed within forty-five (45) days of the EEOC's mailing of the Notification Letters, although the EEOC and the Court may consider late objections under compelling circumstances. 6. Fairness Hearing After the deadline for submitting objections, the EEOC shall submit a list of all unresolved objections to the Court. The Court will conduct a fairness hearing to decide any unresolved objections. At least seven (7) days prior to the fairness hearing, the EEOC will provide an updated Claimant List to the Court and Defendants including any changes resulting from the informal resolution of any objections. The Court may approve the updated Claimant List or order modifications based on any objections. D. Claimant Releases Within five (5) days of receiving notice from the EEOC that no objections have been filed or that all objections have been resolved, or within five (5) days of receiving notice of the Court's approval ofthe Claimant List, Defendants shall send all claimants either a Limited Release (Exhibit F) or a General Release (Exhibit G). For all claimants who Defendants wish to receive a General Release, Defendants shall include a check for $1,000 made out to the claimant to enable the claimant
18

"
to seek legal advice regarding the general release. Defendants shall pro~ide a self-addressed, postage
prepaid envelope to all claimants with their release forms. Defendants shall immediately notify the EEOC in writing that the releases have been sent to all claimants and include a copy of all $1,000 checks sent to claimants who receive General Releases.
E. Payments to Claimants All claimants shall be required to submit an executed release form as a condition ofreceiving a monetary award. Defendants shall send a check drawn from the Claims Fund account to a claimant
k for her full monetary award amount within five (5) days of receiving claimant's executed release.
I
Defendants will issue tax forms 1099 and/or W-2 to each claimant, as appropriate. A copy of all checks sent to claimants shall be forwarded to the EEOC, 33 Whitehall St., 5th Floor, New York, New York, 10004-2112 (attention: Robert D. Rose) immediately upon issuance of the check.
F. Distribution of Unused Funds in Claims Fund Under no circumstances shall any of the money in the Claims Fund revert to Defendants. Any money remaining after all distributions to claimants have been made shall be distributed to one or more 501(c)(3) organizations selected by the EEOC.
Section 302 References Provided to Individuals Defendants agree to answer any and all inquiries by prospective employers regarding any
claimant by informing the prospective employer only ofthe claimant's ~ates ofemployment, title(s)
,
and salary and nothing more. Defendants shall not mention this action, or any other matter related to this action or the underlying charge of discrimination to prospective employers enquiring about any claimant's employment with Defendants.
19

PART IV SIGNATURES

Each signatory to this Decree represents that each is fully authorized to execute this Decree and to bind the parties on whose behalf each signs.

1 ~ Dated:

,2005

Dated: Iju ez u.g ( 2- £j, 2005

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

NINE WEST FOOTWEAR CORP.

Acting Regional Attorney
Lisa D. Sirkin Supervisory Trial Attorney Robert D. Rose Senior Trial Attorney
New Yark District Office 33 Whitehall Street, 5th Floor New York, New York, 10004 (212) 336-3708

Executive Vice President and Secretary JONES APPAREL GROUP as successor in interest to NINE WEST GROUP,INC. By:
20

:20~ay ~~~ PRELIMINARY APPROVAL SO ORDERED this

of

,2005.

~(!.j?~

Hon. Stephen C. Robinson United States Judge

FINAL AFPROVAL SO ORDERED this _ _ day of _ _ _ _ _ _, 2005.
,
Hon. Stephen C. Robinson United States Judge

21

 
 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------)(

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

v.
NINE WEST FOOTWEAR CORP. and JONES APPAREL GROUP, INC., successor in interest to NINE WEST GROUP, INC.,

CIVIL ACTION NO. 04 CV 7781
ECF Case

Defendants.

---------------------------------------------------------------)(

CONSENT DECREE
FINAL VERSION

r;: __ _

II USDCSDNY

I'IDEOLCEUCMfREONNTICALLYFILED

j Ii DOC #:
qIDIA.TE FILED: :

~

.1\'

"':""":::::::::J

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

---------------------------------------------------------------)(

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

v.

CIVIL ACTION NO.

04 CV 7781

NINE WEST FOOTWEAR CORP. and JONES APPAREL GROUP, INC., successor in interest to NINE WEST GROUP, INC.,

ECF Case

Defendants.

---------------------------------------------------------------)(

CONSENT DECREE
FINAL VERSION

TABLE OF CONTENTS

PART I

GENERAL PROVISIONS

Section 101 Introduction

Section 102 Purpose of the Decree

Section 103 Prohibited Conduct and Injunction to Not Discriminate

Section 104 Consent to Jurisdiction

Section 105 Implementation of the Decree

Section 106 Amendments to the Decree

Section 107 Duration of the Decree

Section 108 Severability

Section 109 Breach of Decree

Section 110 Notices

PART II SYSTEMIC RELIEF Section 201 Posting and Distribution of Notices Section 202 Non-Discrimination Policy and Complaint Procedures Section 203 Training Section 204 Monitoring and Reporting Section 205 Compliance with Record-keeping Requirements Section 206 Miscellaneous

PART III MONETARY AND OTHER RELIEF Section 301 Claims Fund Section 302 References Provided to Individuals

PART IV SIGNATURES

PART V Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G

EXHIBITS Notice of Resolution Title VII Memo Defendants' Policies and Procedures Concerning Discrimination Claimant List (filed under seal) Claim Form Limited Release General Release

11

PART I

GENERAL PROVISIONS

Section 101 Introduction

The Plaintiff Equal Employment Opportunity Commission ("EEOC" or "Commission")

and Defendants Nine West Footwear Corp., successor in interest to Nine West Group, Inc., and

Jones Apparel Group, Inc. (collectively "Defendants") have agreed to resolve this action by the

tenns of this Consent Decree ("Decree") as set forth below.

On September 30,2004, the Commission brought this action under Title VII of the Civil

Rights Act of 1964, to correct unlawful discrimination on the basis of sex and national origin and

to make whole Karen Leon and the class of individuals who were harassed based on their sex

and/or their national origin and/or retaliated against by Defendants. EEOC's complaint alleges

that the sexual harassment included, but was not limited to, solicitations for sex, sexually explicit

jokes and comments, unwelcome sexual advances and gestures and physical groping of female

employees by a male manager. The national origin harassment included, but was not limited to,

repeated offensive and demeaning comments and ridicule based on their national origin. The

complaint further alleges that although female employees repeatedly complained about the

harassment, Defendants made no efforts reasonably calculated to prevent or eradicate the

continuing behavior and hostile work environment.

The complaint also alleges that Defendants constructively discharged Karen Leon and

similarly situated female employees by failing to remedy the hostile work environment and by

subjecting them to conditions that were so intolerable that they were forced to resign. The

complaint further alleges that Defendants retaliated against Karen Leon after she complained of

1

harassment based on her sex and national origin. Through this action, the Commission seeks injunctive relief and monetary damages for all
individuals affected by Defendants' discriminatory acts.
Section 102 Purpose of the Decree A. The parties, defined as the EEOC and Defendants, desire to settle this action, and
therefore do hereby stipulate and consent to the entry of this Decree as final and binding between the parties and their successors, assigns, subsidiaries, affiliates, and any other corporation or other entity into which any of Defendants may merge or with which any of them may consolidate. Defendants shall provide notice and a copy of this Consent Decree to any successors, assigns, subsidiaries, affiliates, and any other corporation or other entity into which any of Defendants may merge or with which any of them may consolidate.
B. The Consent Decree resolves all issues relating to the class of individuals described in EEOC's complaint except for the individual claims of Karen Leon. Ms. Leon filed EEOC charge number 160-2004-01345, which served as the jurisdictional prerequisite in this case. EEOC shall issue a Notice of Right to Sue letter to Karen Leon for EEOC Charge Number 160-2004-01345 upon request or within 30 days of the Court's preliminary approval of the Decree. Defendants agree that this Decree in no way prohibits Karen Leon from proceeding with any or all of her individual claims. The Decree does not resolve any charge of discrimination currently pending before the EEOC, or any charge that may be filed in the future, other than the charge listed above as it relates to the class of individuals described in EEOC's complaint. The
2

EEOC reserves all rights to proceed regarding matters not covered in this Consent Decree. C. The terms of this Decree represent the full and complete agreement of the parties.
The parties agree that this Decree may be entered into without Findings of Fact and Conclusions of Law being made and entered by the Court.
D. This Consent Decree does not constitute an admission by Defendants to any violations of those provisions of Title VII of the 1964 Civil Rights Act prohibiting sex discrimination, and Defendants denies any such violations.
Section 103 Prohibited Conduct and Injunction to Not Discriminate A. Defendants, their managers, officers, agents, successors, and assigns are hereby
enjoined from discriminating against any individual because of the individual's sex or national origin and from retaliating against any individual because that individual is a beneficiary of this Decree, has filed a complaint, or has provided information, assistance, or participated in any other manner in the investigation or litigation of this matter.
B. Nothing in this Consent Decree shall be construed to limit or reduce Defendants' obligations to comply with the statutes enforced by the Commission: Title VII of the 1964 Civil Rights Act, as amended, 42 U.S.C. §2000e, et seq., Title I of the Americans with Disabilities Act, 42 U.S.C. §12101, et seq., Age Discrimination in Employment Act, 29 U.S.C. §621, et seq., and Equal Pay Act, 29 U.S.c. §206(d).
Section 104 Consent to Jurisdiction
3

A. The Commission and Defendants agree that this Court has jurisdiction over the subject matter of this litigation and the parties for the duration of this Decree, that venue is proper, and all administrative prerequisites have been met. No party shall contest the validity of this Decree or the jurisdiction of the federal district court to enforce this Decree and its terms.
B. The Court shall retain jurisdiction over this Action for the duration of the Decree for all purposes including, but not limited to, the entering of all orders, judgments, and decrees as necessary to implement the relief provided herein. In any action to enforce the terms of this Decree, the Court will have full authority to order any remedy the Court deems appropriate, including, but not limited to, specific performance and/or extension of the Decree beyond the three year term.
Section 105 Implementation of the Decree The Commission and Defendants agree to take all steps that may be necessary to fully
effectuate the terms of this Consent Decree.
Section 106 Amendments to the Decree By mutual consent of the parties, this Consent Decree may be amended in the interest of
justice and fairness and to facilitate execution of the Decree's provisions. No waiver, modification or amendment of any provision of this Consent Decree shall be effective unless made in writing, approved by all Parties to this Decree, and approved or ordered by the Court, except that the Parties may mutually agree to modify the procedures in Sections 202 and 203
4

without approval of the Court or as otherwise indicated herein.
Section 107 Duration of the Decree A. The Consent Decree shall remain in effect for three (3) years from the final
approval date of the Decree. The effective date of the Decree shall be the date it is signed by and receives final approval from the Court. The Decree shall not expire against any signatory while any enforcement action is pending against that signatory.
B. If the EEOC has notified Defendants in writing not less than 15 days in advance of the termination of the Decree that Defendants are not in compliance with any sections of the Decree, Defendants' obligations under the Decree shall remain in effect until the EEOC determines that the Defendants are in compliance.
Section 108 Severability If one or more provisions of this Decree are rendered unlawful or unenforceable as a
result of a legislative act or a decision by a court of competent jurisdiction, the following shall apply to insure that the Decree continues to effectuate the intent of the Parties. The provisions of this Decree which are not rendered unlawful, unenforceable or incapable of performance as a result of such legislative act or court decision, shall remain in full force and effect, and the Parties' responsibilities shall not abate as to any and all provisions that have not been rendered unlawful or unenforceable, except to the extent that the intent of the Decree would be undermined.
5

Section 109 Breach of Decree The parties agree that they will cooperate to effectuate and implement all terms and
conditions of this Decree, and exercise good faith efforts to accomplish the terms and conditions of this Decree. The Commission and all Defendants agree to confer regarding any dispute arising from the implementation of this Decree. In the event the parties are unable to resolve this dispute, any action relating to this Decree shall be filed in the Court that approves this Decree. This Decree shall be construed under applicable federal law.

Section 110 Notices

Except as otherwise provided for in this Decree, all notifications, reports and

communications to the Parties required under this Decree shall be made in writing and shall be

sufficient as hand-delivered, faxed or sent by certified, registered or overnight mail to the

following persons (or their designated successors):

For EEOC:

Robert D. Rose U.S. EEOC 33 Whitehall Street 5th floor New York, NY 10004 Fax: 212.336.3623

For Defendants:

Howard Robbins Paul Salvatore Proskauer Rose 1585 Broadway New York, NY 10036-8299 Fax: 212.969.2900

6

Patricia Anne Lind Associate General Counsel Jones Apparel Group 1129 Westchester Avenue White Plains, New York 10604 Fax: 914.640.3473 Any party may change such addresses by written notice to the other parties that sets forth a new address for this purpose. Notwithstanding the provisions for notification contained in this paragraph, the Parties may, after agreement memorialized in writing, send each other such notifications, reports and communications by email.
PART II SYSTEMIC RELIEF
Section 201 Posting and Distribution of Notices A. Posting of Notice of Resolution Within ten (10) days ofthe final approval date ofthis Decree, Defendants shall conspicuously
post and maintain a "Notice of Resolution" regarding this lawsuit (attached as Exhibit A), in all prominent places where employee notices are posted at Defendants' facility at 1129 Westchester Avenue in White Plains, New York (hereinafter "White Plains facility"). This Notice shall remain posted for one (1) year commencing with the effective date of the Decree.
B. Provision of Notice and Memo to Employees Within ten (10) days of the final approval date of this Decree, Defendants shall provide a copy ofthe Notice of Resolution (exhibit A) and a memo setting forth the requirements of Title VII
7

(attached as exhibit B), to all employees at Defendants' White Plains facility. For the duration of the Decree, Defendants shall provide the same Notice of Resolution and memo to all future employees at the White Plains facility at the commencement of their employment.
C. Posting of EEO Posters All Defendants will post EEO posters III places visually accessible to applicants and employees of Defendants as required by federal regulations.
Section 202 Non-Discrimination Policy and Complaint Procedures A. Required Content of Non-Discrimination Policies and Procedures Defendants shall maintain comprehensive policies prohibiting all forms of employment
discrimination made unlawful under federal laws. Defendants also shall maintain effective complaint procedures for discrimination complaints which ensure that a thorough, fair and timely investigation of complaints are conducted by a qualified and trained person(s). The policies and procedures shall set forth Defendants' commitment to equal opportunity in all aspects of employment and, at a minimum, set forth the following:
1. A detailed explanation of prohibited conduct; 2. The assurance that Defendants will not retaliate against employees who make complaints of discrimination, who oppose practices they consider to be unlawfully discriminatory, and/or who participate in protected activity or who provide information related to complaints of discrimination; 3. A clearly described complaint process that provides accessible avenues of complaint with a number of choices of individuals to whom complaints can be made, including
8

persons outside the employee's chain of command; 4. The assurance that Defendants will accept any and all complaints from
employees who wish to file complaints internally. The policies shall state that the filing of anonymous complaints is permitted and include safeguards to preserve the anonymity when requested by a complainant;
5. The assurance that Defendants will keep confidential to the extent possible and not publicize unnecessarily the subject matter of the complaints or the identity of the complainants;
6. A complaint process that provides a prompt, thorough, and effective investigation, including interviewing complainant and all witnesses and obtaining and reviewing all material documents identified by the complainant or respondent to the extent necessary to reach a reasonable conclusion concerning the allegations;
7. A requirement that such investigations be thoroughly documented in written form;
8. Upon completion of an investigation into a discrimination complaint, promptly communicate to the complainant and the respondent a summary ofthe conclusions reached as a result of the investigation;
9. The assurance that Defendants will take prompt and appropriate corrective action when it determines that discrimination has occurred;
10. A strict requirement that any manager who observes or learns of possible discrimination report it immediately;
11. Defendants shall provide an optional complaint form with their Policies and
9

Procedures. B. EEOC Approval of Non-Discrimination Policies and Procedures Defendants have adopted the attached Anti-Discrimination and Anti-Harassment Policy prior
to the execution of this Decree (Exhibit C). Under no circumstances shall the EEOC, by commenting or electing not to comment on Defendants' Policies and Procedures, be deemed to have waived its right to investigate or litigate any alleged violation of federal law enforced by the EEOC, related to or resulting from the implementation of any such policy.
C. Issuance of Policies and Procedures Defendants shall issue their Policies and Procedures concernmg discrimination to all employees within ten (10) days ofthe final approval date ofthe Decree. The Policies and Procedures shall be issued with a letter signed by the President of Defendant Jones Apparel Group, Inc. affirming Defendants' commitment to maintaining a work environment free of discrimination. Defendants shall include their updated Policies and Procedures in their Employee Handbook. Defendants shall provide all new employees with copies of the Policies and Procedures within five (5) days of the commencement of their employment. D. Modification of Policies and Procedures IfDefendants wish to modify their Policies and Procedures concerning discrimination during the term of the Decree, it shall do so only after submitting the modified Policies and Procedures to the EEOC for approval and receiving such approval in writing.
Section 203 Training A. Initial Training
10

1. Approval by the EEOC Within thirty (30) days of the final approval date of the Decree, Defendants shall submit to the EEOC proposed training programs for (a) non-supervisory employees, (b) supervisory and management employees, and (c) human resource employees at their White Plains facility. Each training program will include the following: (a) a detailed agenda with proposed training materials, (b) curricula vitae(s) for the individual(s) who will conduct the training, (c) a plan to ensure that all employees receive the required training. The trainings shall be conducted by outside contractors selected by Defendants and approved by the Commission, except that training concerning the requirements of the Consent Decree shall be conducted by counsel for Defendants. The failure of Defendants to submit a proposed training program within thirty (30) days ofthe final approval date ofthe Decree shall be deemed a material breach of the Decree and the Court shall be notified of the breach.
2. Content and Duration of the Initial Training The initial training shall review the rights and responsibilities of employees under federal anti-discrimination laws and how such laws define unlawful discrimination. The training shall include examples ofunlawful conduct. The training also wi 11 cover Defendants' anti-discrimination policies and procedures with particular emphasis on the internal complaint, investigation and remediation process and an employee's right to file with EEOC and state or local agencies. The training also shall cover the requirements of this Consent Decree. The training shall be three (3) hours in duration. Within thirty (30) days ofreceiving Defendants' training proposal, the EEOC will advise Defendants of any changes to be implemented by Defendants and/or approve the training program.
11

3. Scheduling and Confirmation of Training Within ninety (90) days of receiving approval of the training program from EEOC, Defendants shall complete all initial training programs. All non-supervisory employees, supervisory and management employees, and human resource employees shall attend the appropriate initial training session. Within ten (10) days of any training session, Defendants shall provide the EEOC with an attendance sheet that includes the date, the names of those in attendance and the signatures of those in attendance. The failure of Defendants to complete all initial training programs within ninety (90) days ofthe receiving approval oftheir program from EEOC, or the failure ofDefendants to provide attendance sheets within ten (10) days of any training session, shall be deemed a material breach of the Decree and the Court shal1 be notified of the breach. B. Annual Training
1. Annual Training for Non-supervisory Employees On an annual basis, Defendants will provide al1 non-supervisory employees at its White Plains facility with at least two (2) hours of EEO training as described below in sub-paragraph 4. The failure of Defendants to provide two (2) hours of annual training to non-supervisory employees shall be deemed a material breach of the Decree and the Court shall be notified of the breach.
2. Annual Training for Management and Supervisory Employees On an annual basis, Defendants will provide al1 supervisory and management employees at its White Plains facility with at least three (3) hours of EEO training as described below in subparagraph 4. The failure of Defendants to provide three (3) hours of annual training to supervisory and management employees shal1 be deemed a material breach ofthe Decree and the Court shal1 be notified of the breach.
12

3.

Annual Training for Human Resources Employees

On an annual basis, Defendants will provide all human resource employees at its White

Plains facility with at least six (6) hours ofEEO training as described below in sub-paragraph 4. The

failure of Defendants to provide six (6) hours ofannual training to human resources employees shall

be deemed a material breach of the Decree and the Court shall be notified of the breach.

4. Required Subjects of Annual Training

The annual training programs shall include:

a. For non-supervisory, supervisory and management, and human resources employees,

instruction on the requirements of all applicable equal employment opportunity laws including, but

not limited to, Title VII ofthe Civil Rights Act of 1964, as amended, the Pregnancy Discrimination

Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act and the Equal

Pay Act, and a review of Defendants' non-discrimination policies and procedures with particular

emphasis on the complaint procedure.

b. For supervisory, management and human resources employees, instruction on any

policies and requirements related to this Consent Decree and instruction on the specific requirements

of this Consent Decree and the proper procedures for responding to complaints of discrimination or

harassment. Counsel for Defendants shall provide the training on policies and requirements related

to this Decree.

C. Training for New Employees

1. Defendants shall provide two (2) hours of training for all new non-supervisory

employees, three (3) hours of training for all new management/supervisory employees, and six (6)

hours of training for all new human resource employees at its White Plains facility within thirty (30)

13

days of the commencement of their employment. The training shall reVIew the rights and responsibilities of employees under federal anti-discrimination laws and how such laws define unlawful discrimination. The training shall include examples ofunlawful conduct. The training also will cover Defendants' anti-discrimination policies and procedures with particular emphasis on the internal complaint, investigation and remediation process and an employee's right to file with EEOC and state or local agencies. The training also shall cover the requirements of this Consent Decree.
D. Reporting Requirements for Training All employees attending any training session described in the above paragraphs shall print and sign their full name on an attendance sheet. Within ten (10) days ofthe completion any trainings described in the preceding paragraph, Defendants shall provide the Legal Unit of the EEOC, New York District Office, 33 Whitehall Street, 5th floor, New York, New York 10004 (attention: Robert D. Rose), with copies of all attendance sheets. For the duration of this Decree, on a semi-annual basis beginning six months after the effective date ofthe Decree, Defendants shall provide the Legal Unit of the EEOC, New York District Office, with attendance sheets pertaining to trainings given to new employees and a list of the employees, if any, who did not attend training as required. E. Pre-Training Notification Requirement At least thirty (30) days prior to the Initial and Annual trainings required under this Section, Defendants will provide the EEOC notice of the date, time and location of the scheduled training. The EEOC, at its discretion, may attend and observe one or more of the training sessions and may provide changes to be implemented by the trainer.
Section 204 Monitoring and Reporting 14

A. Monitoring by the EEOC In addition to the other monitoring provisions contained in the Decree, the EEOC may monitor Defendants' compliance with the Consent Decree for the duration ofthe Decree through the inspection of Defendants' premises, records and interviews with employees at reasonable times. Defendants shall make available for inspection and copying any records reasonably related to the Decree, upon reasonable notice by the EEOC. B. Reporting Requirements for Discrimination Complaints For the duration ofthis Decree, every three months beginning three months after the effective date of the Decree, Defendants shall provide a written report to the Legal Unit of the EEOC, New York District Office (attention: Robert D. Rose), with information regarding any verbal or written complaints of discrimination from employees or applicants at its White Plains facility which were received during the preceding three months. The report shall include the name of the complainant, the name ofthe alleged harasser or discriminator, a list of each step taken by Defendants during the investigation, a summary of the complaint, the location, the results of any investigation of the complaint, and any remedial action taken by Defendants. The report shall include all open complaints and all complaints closed or resolved within the prior three months.
Section 205 Compliance with Record-keeping Requirements A. Record Retention For the duration of the Decree, Defendants agree to maintain such records as are necessary
to demonstrate its compliance with the Decree and 29 C.F.R. §1602 et seq. and to verify that the reports submitted pursuant to the Decree are accurate.
15

Section 206 Miscellaneous A. Management Evaluation and Accountability Policy Within thirty (30) days of the final approval date of the Decree, Defendants shall modify
existing procedures for evaluating the performance of managers and supervisors to include a factor encompassing compliance with Defendant's discrimination polices and procedures, and with federal anti-discrimination laws.
PART III MONETARY AND OTHER RELIEF Section 301 Claims Fund A. Establishment of Claims Fund Defendants agree to pay $600,000 into a Claims Fund to be distributed to female employees of Defendants who were subjected to sexual harassment, national origin harassment and/or retaliation by Defendants (hereinafter "claimants"). Defendants shall deposit the $600,000 into a segregated, interest bearing account at Wachovia Bank in Bristol, Pennsylvania within five (5) days of Preliminary Approval of this Decree by the Court (see §301.B immediately below). B. Preliminary Approval of the Decree "Preliminary approval" of the Decree shall refer to the provisional approval of the Decree by the Court pending the finalization of the Claimant List to be contained in Exhibit D and as discussed in §301.C.3 below. C. Claims Process 1. Determination of Eligibility of Potential Claimants
16

The EEOC shall have sole discretion to determine the eligibility of potential claimants for relief under this Decree based on the Claim Form (Exhibit E) submitted by the potential claimant, the potential claimant's credibility and, if necessary, through interviews and a review of additional information and documents. Defendants shall comply in a timely manner, but not later than ten (10) days, with reasonable requests from the EEOC for information regarding potential claimants.
2. Determination of Monetary Awards for Claimants The EEOC shall have sole discretion to determine the monetary awards to be distributed to claimants. The EEOC shall consider the following, inter alia, in determining monetary awards: a) the duration ofthe harassment suffered by the claimant, b) the frequency ofthe harassment suffered by the claimant, c) the nature and the severity ofthe harassment suffered by the claimant, d) whether the claimant complained about the harassment and, if so, when and to whom she complained, e) who harassed the claimant, f) whether the claimant was constructively discharged due to the harassment or terminated in retaliation for complaining about the harassment, g) whether the claimant was retaliated against in any way and h) the claimant's credibility. In EEOC's sole discretion, the monetary awards may include a pro rata share of any amount remaining in the Claims Fund after all distributions have been made including any interest earned by the Claims Fund account.
3. Claimant List Upon determining the monetary awards to be distributed to claimants, the EEOC shall prepare a Claimant List (Exhibit D) and provide it to Defendants and the Court. The parties shall immediately seek final approval of the Decree upon the submission of Exhibit D to the Court.
4. Notification to Potential Claimants Upon final approval of the Decree by the Court, the EEOC shall send a Notification
17

Letter to all potential claimants who submitted a Claim Form regarding their eligibility for a monetary award. The Notification Letter shall also contain the amount of the estimated monetary award for eligible claimants.
5. Objections by Claimants and Potential Claimants A claimant or potential claimant may raise an obj ection to the EEOC's determination of eligibility by delivering to the Court and the EEOC a written explanation of the basis for the objection. Objections must be filed within forty-five (45) days of the EEOC's mailing of the Notification Letters, although the EEOC and the Court may consider late objections under compelling circumstances. 6. Fairness Hearing After the deadline for submitting objections, the EEOC shall submit a list of all unresolved objections to the Court. The Court will conduct a fairness hearing to decide any unresolved objections. At least seven (7) days prior to the fairness hearing, the EEOC will provide an updated Claimant List to the Court and Defendants including any changes resulting from the informal resolution of any objections. The Court may approve the updated Claimant List or order modifications based on any objections. D. Claimant Releases Within five (5) days of receiving notice from the EEOC that no objections have been filed or that all objections have been resolved, or within five (5) days of receiving notice of the Court's approval ofthe Claimant List, Defendants shall send all claimants either a Limited Release (Exhibit F) or a General Release (Exhibit G). For all claimants who Defendants wish to receive a General Release, Defendants shall include a check for $1,000 made out to the claimant to enable the claimant
18

to seek legal advice regarding the general release. Defendants shall provide a sel f-addressed, postage prepaid envelope to all claimants with their release forms. Defendants shall immediately notify the EEOC in writing that the releases have been sent to all claimants and include a copy of all $1,000 checks sent to claimants who receive General Releases.
E. Payments to Claimants All claimants shall be required to submit an executed release form as a condition ofreceiving a monetary award. Defendants shall send a check drawn from the Claims Fund account to a claimant for her full monetary award amount within five (5) days of receiving a claimant's executed release. Defendants will issue tax forms 1099 and/or W-2 to each claimant, as appropriate. A copy of all checks sent to claimants shall be forwarded to the EEOC, 33 Whitehall St., 5th Floor, New York, New York, 10004-2112 (attention: Robert D. Rose) immediately upon issuance of the check. F. Distribution of Unused Funds in Claims Fund Under no circumstances shall any of the money in the Claims Fund revert to Defendants. Any money remaining after all distributions to claimants have been made shall be distributed to one or more 501(c)(3) organizations selected by the EEOC.
Section 302 References Provided to Individuals Defendants agree to answer any and all inquiries by prospective employers regarding any
claimant by informing the prospective employer only ofthe claimant's dates ofemployment, title(s) and salary and nothing more. Defendants shall not mention this action, or any other matter related to this action or the underlying charge of discrimination to prospective employers enquiring about any claimant's employment with Defendants.
19

PART IV SIGNATURES

Each signatory to this Decree represents that each is fully authorized to execute this Decree and to bind the parties on whose behalf each signs.

1 ~ Dated:

,2005

Dated: /j1A 67 LU ( .2?f, 2005

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

NINE WEST FOOTWEAR CORP.

Acting Regional Attorney
Lisa D. Sirkin Supervisory Trial Attorney Robert D. Rose Senior Trial Attorney
New York District Office 33 Whitehall Street, 5th Floor New York, New York, 10004 (212) 336-3708

Executive Vice President and Secretary JONES APPAREL GROUP as successor in interest to NINE WEST GROUP, INC. By:
lraMq;t'\g:=
Executive Vice President, Secretary and General Counsel
20

- - - - - - - - - - ~-----

.:20~ay ~~~ PRELIMINARY APPROVAL SO ORDERED this

of

, 2005.

~C;?~

Hon. Stephen C. Robinson United States Judge

FINAL APPROVAL SO O~ERED this ~ay of~~~~__
Hon. Stephen C. Robinson United States Judge

21

 
 SDNY CM/ECF Version 3.0L - Docket Report

https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?352327015398493-L_3...

CLOSED, ECF
U.S. District Court United States District Court for the Southern District of New York (White Plains)
CIVIL DOCKET FOR CASE #: 7:04-cv-07781-SCR

U.S. Equal Employment Opportunity Commission v. Jones Apparel Group, Inc. Assigned to: Stephen C. Robinson Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/30/2004 Date Terminated: 05/17/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff
U.S. Equal Employment Opportunity Commission

represented by Robert David Rose U.S. Equal Employment Opportunity Commission 33 Whitehall St., 5th Floor New York, NY 10004 212.336.3620 Fax: 212.336.3623 Email: robert.rose@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Jones Apparel Group, Inc. successor in interest to Nine West Group, Inc.
Defendant Nine West Footwear Corp.

represented by Howard Zachary Robbins Proskauer Rose LLP 1585 Broadway New York, NY 10036-8299 (212) 969-3000 Email: hrobbins@proskauer.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Howard Zachary Robbins Proskauer Rose LLP (New York) 1585 Broadway New York, NY 10036 (212) 969-3912 Fax: (212) 969-2900 Email: hrobbins@proskauer.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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SDNY CM/ECF Version 3.0L - Docket Report

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Date Filed 09/30/2004 09/30/2004 09/30/2004 09/30/2004 10/08/2004
11/30/2004 12/06/2004 02/28/2005
02/28/2005
03/18/2005
09/21/2005 03/14/2006

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Docket Text

1 COMPLAINT against Jones Apparel Group, Inc.. Document filed by U.S. Equal Employment Opportunity Commission.(jma, ) Additional attachment(s) added on 10/1/2004 (jma, ). (Entered: 10/01/2004)
Magistrate Judge Lisa M. Smith is so designated. (jma, ) (Entered: 10/01/2004)
Case Designated ECF. (jma, ) (Entered: 10/01/2004)
SUMMONS ISSUED as to Jones Apparel Group, Inc.. (jma, ) (Entered: 10/01/2004)
2 ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE:... If such a consent order is not filed within the time provided,... Initial Conference set for 11/19/2004 12:00 PM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 10/08/04) (Attachments:, # 1 Blank Scheduling Order)(fk, ) (Entered: 10/12/2004)
4 NOTICE OF CASE REASSIGNMENT to Judge Stephen C. Robinson. Judge Colleen McMahon no longer assigned to the case. (fk, ) (Entered: 12/09/2004)
3 STIPULATION AND ORDER EXTENDING TIME TO ANSWER...So Ordered. (Signed by Judge Stephen C. Robinson on 12/2/04) (fk, ) (Entered: 12/06/2004)
ENDORSED LETTER addressed to Judge Stephen C. Robinson from Howard Z. Robbins dated 2/22/05 re: All parties request an adjournment of the conference scheduled in both these actions no. 04 cv 7781; 04 cv 1671 ; Conference adjourned. New conference scheduled for 3/18/05 at 9:00 a.m. (Signed by Judge Stephen C. Robinson on 2/28/05) (Orig. doc. filed in case no. 04 cv 1671, as doc. #19)(ae, ) (Entered: 03/01/2005)
5 STIPULATION AND ORDER that the firm of Proskauer Rose LLP, shall be, and hereby is, substituted as counsel for defendant, named in this action as Nine West Footwear Corp. and Jones Apparel Group, Inc., in place and stead of Jackson Lewis LLP. (Signed by Judge Stephen C. Robinson on 2/28/05) (ae, ) (Entered: 03/02/2005)
ENDORSED LETTER addressed to Judge Stephen C. Robinson from Howard Z. Robbins dated 3/17/05 re: Parties request an adjournment of the conference scheduled for 3/18/05 until 5/3 when they have the mediation session that's scheduled that day also; Conference adjourned. (Signed by Judge Stephen C. Robinson on 3/18/05) (Orig. doc. filed in case no. 04 cv 1671, as doc. #21) (ae, ) (Entered: 03/21/2005)
6 CONSENT DECREE; The Plaintiff EEOC and Defendants Nine West Footwear Corp., and Jones Apparel Group, Inc. have agreed to resolve this action by the terms of this Consent Decree as set forth in this Consent Decree. (Signed by Judge Stephen C. Robinson on 9/20/05) (ae, ) (Entered: 10/03/2005)
7 ENDORSED LETTER addressed to Juidge Stephen C. Robinson from Robert Rose dated 3/8/06 re:....to request an adjournment of the 4/4/06 fair hairing date...ENDORSEMENT: Appril 4, 2006 hearing is adjourned. So Ordered:

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05/01/2006 05/17/2006

(Signed by Judge Stephen C. Robinson on 3/14/06) Copies sent by Clerk's Office.(pf, ) (Entered: 03/17/2006)
8 MEMORANDUM DECISION & ORDER:... Ms. Romano and Ms. Delgado are eligible to participate as claimants in this case. The parties are directed to contact the Court to schedule the fairness hearing. So Ordered: (Signed by Judge Stephen C. Robinson on 4/28/06) Copies sent by Clerk's Office.(pf, ) (Entered: 05/02/2006)
9 CONSENT DECREE....So Ordered. (Signed by Judge Stephen C. Robinson on 5/16/06) (fk, ) (Entered: 05/18/2006)

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 Nine West, Jones Apparel Group to Pay $600,000 to Settle National Orig...

http://eeoc.gov/press/5-22-06b.html

The U.S. Equal Employment Opportunity Commission
FOR IMMEDIATE RELEASE Monday, May 22, 2006

CONTACT: TTY:

Robert D. Rose, Senior Trial Attorney (212) 336-3708 Elizabeth Grossman, Regional Attorney (212) 336-3696 (212) 336-3622

NINE WEST, JONES APPAREL GROUP TO PAY $600,000 TO SETTLE NATIONAL ORIGIN AND SEX BIAS SUIT
EEOC Said Hispanic Women were Sexually Harassed and Racially Insulted
WHITE PLAINS, N.Y. - Nine West and Jones Apparel Group will pay $600,000 to victims of sexual harassment, national origin harassment and retaliation, and take substantial steps to prevent future workplace bias as part of a major litigation settlement announced today by the U.S. Equal Employment Opportunity Commission (EEOC).
EEOC's lawsuit (Civil Action No. CV-04-7514), in U.S. District Court for the Southern District of New York, alleged that two high-level managers at Nine West's headquarters in White Plains, New York, subjected female employees to sexually harassing conduct, including solicitation for sex, unwelcome sexual advances, sexually explicit jokes and comments, and groping of women's bodies. Further, the EEOC charged, managers taunted the women with insulting remarks about their Hispanic origin.
Despite the women's repeated opposition to the behavior, the EEOC said, Nine West made no efforts to prevent or eradicate the continuing behavior. Instead, the EEOC alleged, Nine West allowed conditions to become so intolerable that some women were forced to quit their jobs.
Such conduct violates Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex (including sexual harassment or pregnancy) or national origin and protects employees who complain about such offenses from retaliation. The EEOC filed suit after the agency first attempted to reach a voluntary settlement.
White Plains-based Nine West is a major retailer of women's shoes and other apparel. The Jones Apparel Group, headquartered in Bristol, Pennsylvania, owns and operates numerous retail stores in the footwear and apparel industry, including Nine West.
The consent decree resolving the case, besides the monetary damages to the harassment victims, also prohibits the companies from engaging in further sexual harassment and requires them to amend and reissue their non-discrimination policy; train employees and managers in equal employment law; and provide periodic reports to the EEOC concerning any new discrimination complaints.
"The discriminatory practices at Nine West and Jones Apparel had a severe impact on the affected employees," said EEOC Senior Trial Attorney Robert D. Rose. "This resolution will fairly compensate the victims of that discrimination and put protective measures in place to prevent further discrimination."
Spencer H. Lewis, the EEOC's New York District Director, added, "This settlement is a reminder that bias against women and persons of color continues to permeate our society. The EEOC will continue to act to eradicate such bias from the workplace and allow all individuals the freedom to compete on a level playing field."
EEOC is responsible for enforcing the nation's laws prohibiting discrimination in employment based on race, color, sex (including sexual harassment and pregnancy), religion, national origin, age, disability, and retaliation. Further information about the Commission is available on its web site at www.eeoc.gov.
This page was last modified on May 22, 2006.

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