IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

CIV

)

v.

)

)

COMPLAINT

UNIFLEX SOUTHWEST, L.L.C., and

)

UNIFLEX, INC., d/b/a CYCLE PLASTICS

)

JURY TRIAL DEMANDED

)

Defendants.

)

)

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 bases of sex and retaliation, and to provide

appropriate relief to Joann Gutierrez and a class of female employees who were adversely affected by such

practices while employed by Defendants Uniflex Southwest, L.L.C., and Uniflex, Inc., d/b/a Cycle Plastics

(collectively, “Defendants” or “Employer”). The Commission alleges that Joann Gutierrez was demoted

from her position of Adjuster to Senior Operator due to her sex and that Ms. Gutierrez was issued an

employee warning notice in retaliationfor having filed a charge of discriminationwiththe Commission. The

Commission also alleges that Defendants failed to hire or promote women to the Adjuster position and

discriminated against women in the terms, conditions, and privileges of their employment, including but not

limited to, being denied access to training for the Adjuster position. Finally, the Commission alleges that

Defendants failed to make and preserve employment records as required by Section 709(c) of Title VII.

JURISDICTION AND VENUE 1. Jurisdictionof 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 employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of New Mexico.
PARTIES 3. Plaintiff, the EqualEmployment Opportunity Commission(the "Commission"), is anagency ofthe United States of America charged withthe administration, interpretationand enforcement ofTitle 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 Uniflex Southwest, L.L.C., has continuously been a Delaware corporation doing business in the State of New Mexico and the City of Albuquerque, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Uniflex, Inc. has continuously been a Delaware corporation doing business in the State of New Mexico and the City of Albuquerque, and has continuously had at least 15 employees. 6. Defendants Uniflex Southwest, L.L.C., and Uniflex, Inc., are a single, integrated enterprise doing business in Albuquerque, New Mexico under the trade name Cycle Plastics. 7. At all relevant times, UniflexSouthwest, L.L.C., and Uniflex, Inc., have continuously been
2

and are now an employer or employers engaged in an industry affecting commerce within the meaning of Section 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, Joann Gutierrez filed a charge with the Commission alleging violations of Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least March 2002, Defendants have engaged in unlawful employment practices at the Albuquerque, New Mexico, Cycle Plastics facility in violation of Section 703(a) of Title VII, 42 U.S.C. §§2000e-2(a) by demoting Joann Gutierrez from the Adjuster position to the Senior Operator position because of her sex, female. 10. Since at least May 2001, Defendants have engaged in unlawful employment practices at the Albuquerque, New Mexico, Cycle Plastics facilityin violationofSection 703(a) of Title VII, 42 U.S.C. §§2000e-2(a. These practices include:
a) failing to hire or promote women to the Adjuster position because of their sex; and b) discriminating against women in the terms, conditions, and privileges of their employment, including, but not limited to, denying women access to training for the Adjuster positions because of their sex. 11. Since at least April 2002, Defendants have engaged in unlawful retaliatory employment practices at the Albuquerque, New Mexico, Cycle Plastics facility in violation of Section 704(a) of Title VII, 42 U.S.C. §§2000e-3(a). These retaliatory practices include issuing Joann Gutierrez an Employee Warning Notice because she opposed unlawful employment practices and filed a charge of discrimination
3

with the Commission. 12. The effect of the practices complained of in paragraphs 9 and 10, above has been to
deprive Joann Gutierrez and a class of women of equal employment opportunities and otherwise adversely affect their status as an employee because of their sex, female.
13. The effect of the practices complained of in paragraph 11 above has been to deprive Joann Gutierrez of equal employment opportunities and otherwise adversely affect her status as an employee because of her opposition to unlawful employment practices.
14. Since at least March 2002, Defendants have failed, in violation of Section 709(c) of Title VII, 42 U.S.C. § 2000e-8(c), to make and preserve records relevant to the determination of whether unlawful employment practices have been or are being committed, including failing to keep employment applications as required by law.
15. The unlawful employment practices complained of in paragraphs 9, 10 and 11 above were intentional.
16. The unlawful employment practices complained of in paragraphs 9, 10 and 11 above were done withmaliceand/or reckless indifference to the federally protected rights of Joann Gutierrezand a class of women.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns and all persons in active concert or participation with them, from engaging in any employment practice that discriminate on the basis of sex.
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B. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns and all persons in active concert or participation with it, from engaging in any employment practice which discriminates or retaliatesagainstanyindividualbecause of the individual’s opposition to perceived unlawful employment practices and/or because the individual filed a charge, testified, assisted, or participated in an investigation or proceeding under Title VII.
C. Order Defendantsto instituteand carry out policies, practices and programs whichprovide equal employment opportunities for women and for those who oppose perceived unlawful employment practices and/or file charges, testify, assist or participate in an investigation or proceeding under Title VII, and which eradicate the effects of its past and present unlawful employment practices.
D. Order Defendants to make whole Joann Gutierrez and a class of adversely affected women, by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
E. Order Defendants to make whole Joann Gutierrez and a class of adversely affected women, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 9,10 and 11 above, in amounts to be determined at trial.
F. Order Defendants to make whole Joann Gutierrez and a class of adversely affected women, by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraphs 9,10 and 11 above, including but not limited to, emotional pain, suffering, inconvenience, mental anguish, humiliation, loss of enjoyment of life, and other nonpecuniary losses, in amounts to be determined at trial.
G. Order Defendants to pay Joann Gutierrez and a class of adversely affected women
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punitive damages for its malicious and/or reckless conduct described in paragraphs 9, 10, and 11 above,
in amounts to be determined at trial.
H. Grant such further relief as the Court deems necessary and proper in the public interest.
I. Award the Commission its costs in this action.
JURY TRIAL DEMANDED
The Commission requests a jury trial on all questions of fact raised by its Complaint. DATED this 11th day of September 2003.
Respectfully submitted,
ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, NW Washington, D.C. 20507
Filed Electronically MARY JO O’NEILL Regional Attorney
Filed Electronically C. EMANUEL SMITH Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
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Phoenix District Office 3300 N. Central Ave. Suite 690 Phoenix, Arizona 85012 Filed Electronically LORETTA MEDINA Senior Trial Attorney VERONICA A. MOLINA Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Albuquerque District Office 505 Marquette NW, Suite 900 Albuquerque, New Mexico 87102 (505) 248-5230 Attorneys for Plaintiff
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 IN TilE I ;~rIED STATES DISTRICT COURT FOR TilE DISTRICT OF NEW ,vlEICO

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E()I.:AL EtvIPl.OY\-IENT OPPORTU:-.JITY rO\-1 \-IlSS ION.

Plaintifl

Y.

)

II:-<ll'LP\ SOLTIl\\TST. L.L.C.. and

)

C:,\IFI.E\:. I~C.. d h.'a CYCLE PLASTICS

)

I

Defendants.

)

-------)

CIV 03·1061 RRRIIS (,O'\SE:'-IT DECREE

The t:nited States Equal Employment Opportunity Commission (the "Commission" or "EEOC') tiled this action against Uniflex Southwest. L.L.C.. and l.lnifkx. Inc .. d,h'-a Cycle Plastics ("Lkfendants"). to enforce Title VII of the Civil Rights Act of 1''>6--1. as amended.--I2
usc. ~ 2(1l)()e l't seq. ("TitleVII") and the Civil Rights Act of I'l'll. --12 U.S.C'. ~ I'lX I i'I. In the
COlllplaint. the Commission alleged that Joann Gutierre7 \\'as demoted from hl'r position of AdjuSh:r tn Sl'nior Operator duc to her Sl'X. and that Ms. Gutierrez was issul'd an employee \\'arning notice in rl'taliatilln Il)r ha\'ing filed a charge of discrimination with the Commission. The Commissi,"n also alleged that Defendants failed to hire or pmmote women to thl' Adjuster positi,)!l and discriminal<:d against \\'()men in the terms. conditions. and pri\'ileges ofthl'ir l'll1ploYll1ent. including hut not limited to. heing denied access to training for the Adjuster p,)siti,)n. The Commission furthl'r alleged that Defendants faikd to Illakl' anLi pres';'l,\,e emploYlllent records as r<'quired by Section 7()C)(e) ofTit1c VII.

Cc·

Th~ panic's to this C(lnsent D~crec do not object to the jurisdiction of the Court 0\'Cr this action and \\ aiH' their ri~hts to a h~arin~ and the entry of Iindings of fact and conclusions of 1;1\\""
The Conllllission and l.kll:ndants IUl\"e agreed to this Decree in the int~rest of resolving this matte'r heli)r~ cxknsivc liti~ati(ln expenses are incurred and to secure appropriate relie'f for alk~e'd aggrie'ved indi\"iduals in light of the anticipated closure of the Alhuqu~rl(ue ('yele Plastics I~lcilitv.
It is hercby OIWERED, AD.It'-DGED Al\'D DECREED: I. This de'l'I'ce rcsol'"cs all claims of the Commission. Joann Guti~IT('7 and all class lll~mhcrs id~ntilled in exhihit A to this Decree against lktl:ndants. including claims for hack pay. c()mp~nsatory alld punitivc damagl's. interest. injunctive rdiet'. attorn~y's kes and ('(lSts arisin~ lHlt of the' iSSUe'S in this Ia\\"suit.
I~Jt:NCTlO]\;
lkJi:ndants. th~ir ollicrrs. agents. managers. l'mploy~es. successnrs. assigns and all persons in acti"e (',lIKen l)r participation with them. hoth at th~ time that this Dccr~e heromes dkcti,"c and for thl' duration of this Decrce. with respect to any husiness op~rations ill the' state ui"\J('\\" \1t...:xic~). an.: permanently t:njnincd from engaging in any unlawful cmploymt...'111 practicC' as ddilled by Title VlI. including. ~l11ploYl11ent practices that discriminate against any employee hecause of his or h~r sex.
3. lkll:ndants. their officers. agents. managers. employ~cs. successors. assi~ns and all Jle'rS(lllS in active Cllllcen or participation with them, both at the time that this Decree becom~s cITel,ti,"c alld for the duration of this Decree. arc permanently enjoined li"om engaging in reprisal or rdaliation orany kind against Joann Gutierrez. any class member and any \\'itness \\"ho testilkd. assisll.'d. or participated in any manner in this rase lll' any person becaus~ such person:
2

A. opposed any practice made unlawful under Title VIL 13. likd a chargl' or discrimination with the Commission or a state agency
or testilkd or participated in any manner in any investigation. procecding or hl'aring under thl' Titk VII; ('. requested and. or rccei\"cd relief in accordalKe with this Consent Decree: or D. participakd in any manner in thi~ action or in the ill\'estigation giving risc to this

,'IO'iETARY RF.I.IEF TO CHARGING I'ARTY A"lD CLASS ... Within scven (7) days alkr this Consent [knee is cntered by the Court,

Lkkndants shall make payment in thc fom] or a business check made payable to .1.)ann Gutierre/. in thl' anlount ofSIO.lIIIO.()() Ii.lr compcnsatory damages. On January I. 2()O". Defendants shall

make an additi(lnal pavm"nl to Joann Gulierret in the amount of S5,()(II).OO ror compensatory

damages. This paymcnt schedulc is also described in Exhibit ,\ to this Decr"c. Dcfendallls "'ill issue a Lnikd Staks Internal Re, cnue Scrvice Fom] 10')'1 to "-!s. CiutierrCl for each of the

amounts designakd as compl'nsatory damages.

5.

According t<lthe payment schedule in Exhibit A to this [kcrce. Ikl<:ndants shall

pay a tl)tal ors I 0.01111 in thc form orscparate business chccks madc payable to each eligible class

ml'llIher Illr compl'nSalL)ry damages accoJ"(ling to Exhibit A to this Oecrec.

Ikl':ndants will issuc a L:nited States Internal Revenue Sen'icl' rorm 10')') to each class member

"". their rcspective amount. h. Within 5(",'cn (7) days or issuance of the checks required by paragraphs ..-5 ahove.
Defendants shall submit a copy of the checks and rclat~d corrcspondcnce to thc Rcgional

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:\llllrn~y. Equal [mploym~nt Opportunity Commission. Albuquerque District Ortice. 505

\larqu~lle '\\V. Suik ')OU. Albuquerque. "Ie\\' Mexico 87 j()2-21 g<).

OTIIER IU~I.IEf TO C'HARGI:"IG PARTY A:"ID CLASS

~
i.

- - - Within Ii Iken (15) days of entrY of this Decree or bellJre th~ elosin\,( of the

Alhuljucrque Cycle Plastics I'leilit)'. \\'hichever occurs earlier. Del'cndants shall prll\'ide eligible

class nlemhers Rita Akkrde and \lary Lou Bata appropriate and allequak training 10 assist them

in rdi'~shing and or improving thcir Adjuster skills and generalmcchanieal aptitude through

training opportunities to he olTered at Cycle Plaslics in Albuquerque. :-Je\\' Mexico.

S. Ir at any time within fellir ycars of the entry of the Consent Decree. Deil:ndants

reopen a facility in 1\~\\' rvkxico where adjusting or similar manufacturing work is a\·ailah1c.

Deil:ndants shall nntil\ \ls. Gutierrez and the eligible class nwnbers i(kntilied in exhibit A of

the a\'ailability of\\'ork alld Def'cnJants intent \0 provide them priority consideration for

employ-me'nt if they mee't the elbjecti\'e qualifications ofth", position(s) m·'lilab1c.

').

In response tel any employment inquiries or rcl~rencc checks concerning

Joann (Jutie'ITe/. or the eligible class members identified in I;xhibit A. Del'cndallls shall pro\'ide

,'nly their daks or elnpl(lyment. each position held, job duties and salary. This provision shall

re'main in l,lrCl: I,'r so long as these individuals use the De1'cndants as it rci'erence and is npt

limited to the t\\'o-year durati'lll of this decree.

III. Within se\"<;n (7) days of entry of this Decree. Defendants shall remove Irom the

pers()nnelliic or any el11ployment related 1iIe of Joann Gutierrez the Employee Warning N()tic~

issued to her in April 20112.

DEfENIHNTS' POLICIES A!'ID I>RACTICES

II. Del'cndants reafiinn that they will comply with Title VII pnl\ isions prohibiting

4

discrilllination in emplo~ment. including sex discrimination and retaliation. Pursualll to its

n:anlrmation or its responsibilitics undcr Title VII, Defendants shall institull' and carry out

plllicics and practices that I()ster \\ork ell\'ironments free li'om sex discrimination, including

policies and practiccs related to equal employment opportunity fi.lr lemales, To assist Deli:ndants

in its elTort to Illster a \\'ork ell\'ironment free of sex discrimination. Defendants shall take the

actions proyided Ill)' in Paragraphs 12 through 16,

12, The Defendants shall re\'iew their existing policies on SeX discrimination and

make' any change'S Ile'cessary so that their policies comply \\'ith Title VII. Dclendants shall ensure

thcir \\Titte'n policies include a statemcnt that cmployees haw a right to complain directly to the

tiS I'qual Employmcnt Opportunity Commission or any state eLJual elllph'Ylllcnt opportunity

age'I1<:)" ,\ilcr rcyic\\ ing and making any necessary rcvisions to their policies. Ddendants shall

distrihuk the' rc\'ised scx discrimination policies to each of its current full and part-time

employccs in Ne\\' ~'kxico. any employees who were employt'Li in :\ew \1cxiL'o Liming the years

2()112 and 211113, and III each ne\\' e'mployee hired in New \1cxico for the duration of this decree.

i.~. Defendants shall post \\'ithin thirty (30) days orthe entry of this Consent rkcree, for

a perilllillft\\cnty-il.lllr (24) months in a prominent place freeiuented by its empil.lyces in any

elperating facility in the- Llnikd Statcs. a Notice substantially the same as Exhihit H. attached to

this Decree. This "illti,," shall he th~ same typc. style and size as in Exhibit B.

14. Deli:ndants shall provide training on sex discrimination according to the follO\\'ing

knns:

A

Lkli:nuants shall proyide at least two training sessions durin,>! the term of this

Consent Decree, All employecs, including managers and supel'\'isors. at all

5

I;lcilities shall attend the training. Duplicatiw sessions may hc' held to aCC(lnllllodate stamng needs. Defendants shall he responsihle lor all costs associated with this training. 13. During the lirst year of the Consent Decrce, the training shall b... conducted within l'lUr (-I) nwnths <lrthc' entry of this decree. Additional training shall he conducted at least cllKe in the second year of this Consent Decree. The training session I1rO\'ilkd hy Dckndants at the Albuquerque plant on October 21. 2o(n, and training to he pnnilkd at other facilities in the year 200.1 may hc used to satisfY thi, pn.l\"isi<)n I,ll' the lirst year of the decree provided that Defendants maintain a registr\" c) f attendancL' and provide inlormation rcgarding the training with the lirst rq)(lrt required by Paragraph 17 of this Decree. C. Dekndants shall ,eicct a trainer qualilied to conduct training on the subject of sex discrimination and shall submit thc trainer's namt'!. resume, training agenda and the dak(S) orthe pmposed training to the Regional Attorne'Y of the Albuquerquc omce orthe Equal Employment Opportunity Commission \\ ithin sixty (60) days "fthe ~ntry llfthis Consent Decree. The COllllllission shall ha\'c thirty tVI) days II\lm the date llftlle receipt of the inli,mnation described ab<l\"e to accept or rC'jcct the proposed eonsultanUiccturer and/or the contcnts orthe seminar. In the e\"cnt thc COlllmi,sion docs not approve of the designated consultant.'lecturer prop()sed by Lkkndants, the Commission shall designate the c<lIlsuitanti iccturer at a cost not to L'xcccd S I,OI)O.ilU per seminar-training session. which shall be paid by Lkf<:nLlanls. During the second year of the Consent Decree, the ah(.l\"e inli.)l"Ination
6

cOIKl'ming the pmpllsed training session shall hl' suhmittcd to the Regional Atl'lrn~y at least ninety (<)(1) days prior to the seminar-training session, D, The training shall include a minimum oftl\'O hours of instruction. All pers(lI1nel dcsignatcd in Paragraph A shall hoth register and attend the training. The registry pf attendance shall he rclaincd hy Defendants at least II.)r the duration of the (\)nsent Iken:c, F. The training. at a minium. shall include the suhjects of: what constitutes unla,,'ful discrimination hased on scx; that sex discrimination in employmcnt practi("es. including. hiring. liring. compensation. assignmcnt of work. training. or other terms. conditions Ilr privileges ofemploYlllcnt \iolates Title VII; ho" to prevent sex discrimination: hll\\" to pmvidc a lVork en\'ironl11ent frcc frul11 sex uiscrimination. and tll whom and by what means el11plllyecs may complain if they li:elthey han' be('n suhjected to sex discril11inatilm. 1:;, In accordancl' ,,'ith this Consent Dccree. th.: Commission. at its discretion. may designatc (\lnllllissilln rc'pr,'s<-'ntatil'es to attend and participate in the training scssi(lns held pursuant to Paragraph 1-1 of this Deer.:c. Ifl. Dl'kndants will provide training. written guidance and 'or instruction regarding the duty to makc and presel"\'c employment records as required by section 70'l(c) ofTitlc VII to allpl'rs'lnncl 1\'lwprn("ess applications for employment or llthcrwise handle employment records. IU:~,ORTI:-.IG OF COMPLlAl'iCE AND ACCESS HY EEOC 17. Defendants shall report in writing and in aftidavit lorm c/o the Regillnal AtlllrilCY "fthl' i:qual i:lllplllymcnt Opportunity Commission's Alhuquerque District Ortiee at 50:; \1arquette i\W. Suite <)1)(1. Albuquerque. :\CI\" Mexico 87102-2 I R(). beginning six months from
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Ihe ,I;,IL' orlhe enlry ni'lhis ConSenl Decrec, and thcr~ancr every six monlhs lix the dural inn or Ihe ('ons,'nt Decree the' Illilowing inllll'lllation:
A, !\ny subSlantive changcs modifications, revocations, or re\'isions to its sex disniIllinatinllp"licies and procedures pursualll to Paragraph 12,
H, The registries or persons attending each "rthe seminar-training scssions required in Paragraph 1-1 and a list orcurrent cmploye,'s lor all "'c\\' Mexicn 1:lcilities on the day "rthe seminar-training scssion(s),
C. An a!'lida\it rrom Dekndant's highest ranking ll!'licia\(s) "'ith rcsp"nsibility Il)r operations in '\cw ~kxico stating: (1) the '-Jotice required in Paragraph 13 ,,'as posted and the locatillils where it was posll'd and (2) it has complied \\'i1l1 Paragraphs 2-1 (, nr Ihis Consent Decree,
IS, The (\lIl1lI1ission shall ha\'e the right to cnter and inspect the t:lcilities or Defendants in ",,\\' \-lexico to ensurc compliance with this ,kcrcc and l'cderal anti-discrimination
I;,\\'S,
1'1, In the ('\','nt that "ither l'niflex Southwest. l.Inilkx, Inc., or Cycle Plaslics is nol (·ngi.lg~d in lit..:' n\\"n~rship or l)pcratillll of any r\ew Mexico 1:lciiilics on lhe dale that allY action is required hy this Decree, Ikl'cndants may in licu of the acti,lIl required send an AClida\'it nrthe company president III the Regional Attorney of the Commission's Alhuquerque District Ollice at 5115 \larquelle, I\\\', Suite (lilli, Alhuquerque, New Mexico, 87102, averring that Dekndants aI'\! nnt engagcd in any business activity in the State of'-Je\\' Mexico, Il0we\w, this pnl\'ision docs
11Llt apply' to Paragraphs 3-10, n, 1-1 and 16 of this Decree, For Ihe duration or this Decree,
Ikkndants shall als(l report allY rcslIl11ption(s) of business activity in the State ()f '-J,,,\' \'k,icll to
8

the R~gional Attorney orthe Commission's Albuquerque District Office within thirty (30) days or the resumption or business activity.
COSTS A"'D D\.jRA TIO:"
20. Each party shall bear its costs and attorneys' Iccs incurred as a result of this action through the entry or this Conselll Decree.
21. The duration orthis Consent Decree shall be t\\'o (2) years from the date of its entry. This Court shall rctainjurisdiction orthis action for the duration l,rthe Consent Decree, during which the Commission may petition this Court for compliance with this Consent Decree. Should the Court Jdenninl! that Defendant has not complied with this Consent Decree, appropriate n:lieL including eXknsion of this Consent Decree' I,ll' such period as lIlay be necessary to remedy its noncompliance, may be ordered.
n. Without further action by the parties, this Consent Decree shall expire by its o\\'n
terms at the end of t\\'o (2) years atkr the date orelllry. 23. The parties agree to entry of this Consent Decree subject to linal appro\al by the
Court.

L ~ ENTERED Al\:D ORDERED this day of _

,21)03.

THE HO>lORABl. Ll\'lTED STATES

ERT C. 8RACK

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APPROVED A:-.I[) CO\lSENTED TO:

ERIC S. DRElBAN[) Gellcral COUIISel
JAMES L. LEE [)eputy G~Il~ral Counsel
GWEN[)OL )'\1 'YOUNG REAMS Associat~ G~neral Counsel
EQUAl. ElvIPI.OYME\lT OPPORTLl\ITY COM:VlISSIOI\ 1801 L Strcct, NW Washington. D.C. ~0507
,
~'~\.~r~·~(I~~~L-~~~~~·/~~\
Regional Attorn~y

1,.c.r \ 'i }\~.>( "Y'\.9,):L AM__ /{Lr;r1

C. EMANL'EL SMITH

Ii'·

Supenisory Trial Attorncy

EQt:AL E....1PI.OYMENT OPI'ORTlI\lITY COMMISSIOl\
Phoenix District Oflicc 3300 N. Central A\CIIUl' Suite Wt) Phocnix, Arizlllla 85012

10

k. -1J.l~ \i' it""

-4, \'\<'0,_

LORETTA MEDII\A

Senior Trial AttlmlCY

VEROl\:ICA:\. \10LlNA Trial Alllll'ncy

EQUAL EMPLOYMf''.JT OPPORTUNITY COM\1ISSI01\ Albuquerque [)istrict Otlice
505 \larquclk I\W, Suite l)on
Albuquerqlle, '\ew \1exicll S71 02 (505) 2-18-52JO
Attorneys for Plaintiff

I\ICHOLAS 1. '.JOF[)II\(J, P,C,

'ct, I\.\-:" SlIite13260 Albllllllerqul:. 1\C\\ \1cxieo 87110 (5115) 8311-82-17
Attorneys lix [)efendants

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ADDRESS Rita Alderek Marylou Haca Joann GutierreL
Rachel Ann Perez

AMOt:!'T OF PAY:\lEl\T
'S 5,000.00 S 2,500.00
$10.000.UO
5 5,000.00
S 2.500.UO

DATE OF PAYMEl\T December 15.2003
December 15,2003
7 days from Decree Entry .I anuary L 21)04
January 1,2004

Total all payments pursuant to this Decree

$25.000.00

Exhibit A

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:'IIOTICE TO ALL EMPLOYEES OF
lJl'\lFLEX SOLTHWEST, L.L.C.. ":'110 lI:'IIIFLEX, 11'\c.,
It is unlawltll undcr the federal law (Title VII ofthl' Civil Rights Act of 1<)64) and state law to discriminatc against an employee on thc basis of sex in employmcnt practicl's, hiring, firing, compensation, assignment of work or
training, or other terms, and conditions or privileges of employment.
l;nillex prohibits all forms of sex discrimination, including sex discrimination in assignment oi"work, training. and other temls, and conditions or pri\'ilcges of employment. l.:nillex docs not discriminate on thl' basis of sex. Lnillex docs not retaliate against any employee who opposcs a practicc madc lInl,l\\'flllllnuer fcdcrallaw, fiies, assists or participates in the filing of a chargc of discrimination
or partil'ipates in any invcstigation under Title VII. lll" who Illes a gricnlllcc
alleging discrimination.
If you believc you arc being uiscriminated against or retaliated against you should report this to the dcsignateu investigativc oftlccr at your workplace \\"ho may be contacted at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~
If you bdicvl' you have heen discriminated against hy your Employer you have the right to sl'ek assistance from:
I) Equal Employml'nt Opportunity Commission (EEOC), 'lc\\" York District Omce. 33 Whitehall Street. New '{ork, 'll'\\ York 11)04. (212) 336-3620 or I-SOO-66')-4000. Via TTY: (212) 333-3(,22 or I-SOII-()69-(,S20. or
(2) The New York Statc Division of Human Rights, One Fordham Plaza, Bronx, I\ew York 10458, (505) 718-8400.
'{ou h'1\'e the right to file a charge with the EEOC or the Departl11l'nt ofl.ahor if you believl? you an: hl'ing discriminated against.
Exhihit B
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REFER, TERMED
U.S. District Court District of New Mexico - Version 3.0 (Las Cruces) CIVIL DOCKET FOR CASE #: 2:03-cv-01061-RB-RHS

EEOC v. Uniflex Southwest, et al Assigned to: District Judge Robert Brack Referred to: Magistrate Judge Robert Hayes Scott Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/11/2003 Date Terminated: 12/01/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by C Emanuel Smith EEOC 3300 N Central Ave #690 Phoenix, AZ 85012 (602) 640-5033 Fax: 640-5009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eric S Dreiband EEOC Legal Counsel Office 1801 L Street, NW Washington, DC 20507 (202) 663-4669 Fax: 663-4639 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Young Reams EEOC Legal Counsel Office 1801 L Street, NW Washington, DC 20507 (202) 663-4669 Fax: 663-4639 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James L Lee EEOC Legal Counsel Office 1801 L Street, NW Washington, DC 20507 (202) 663-4669

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V. Defendant Uniflex Southwest L.L.C.
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Fax: 663-4639 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Loretta F Medina EEOC 505 Marquette, NW #900 Albuquerque, NM 87102 (505) 248-5230 Fax: 248-5217 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mary Jo O'Neill EEOC Phoenix District Office 3300 North Central Avenue #690 Phoenix, AZ 85012-2504 (602) 640-5000 Fax: (602) 640-5009 Email: mary.oneill@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Veronica A Molina Equal Employment Opportunity Commission Legal Unit 505 Marquette N.W., Suite 900 Albuquerque, NM 87102 (505) 248-5231 Fax: (505) 248-5217 Email: veronica.molina@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Danny W. Jarrett Noeding & Jarrett, A Professional Corporation 4300 San Mateo Blvd. NE Suite B-260 Albuqurque, NM 87110 505-878-0515 Fax: 505-878-0398 Email: jarrett@nm-law.com
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Defendant
Uniflex Inc. doing business as Cycle Plastics

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicholas J. Noeding Nicholas J. Noeding, PC 4300 San Mateo, NE #B260 Albuquerque, NM 87110 (505) 244-0021 Fax: 244-1372 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Danny W. Jarrett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicholas J. Noeding (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/11/2003 10/29/2003 10/29/2003 11/13/2003 11/24/2003 12/01/2003

#

Docket Text

1 COMPLAINT for employment discrimination w/jury demand (0 Summons(es) issued) (referred to Magistrate Judge Robert H. Scott) (ed) (Entered: 09/12/2003)
2 ENTRY OF APPEARANCE for defendants by Nicholas J. Noeding (ed) (Entered: 10/29/2003)
3 ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendants on 10/27/03 (ed) (Entered: 10/29/2003)
4 UNOPPOSED MOTION by defendants to extend time to answer until 12/1/03 (vv) (Entered: 11/14/2003)
5 ORDER by Magistrate Judge Robert H. Scott granting deft's motion to extend time to answer until 12/1/03 [4-1] (cc: all counsel) (vv) (Entered: 11/24/2003)
6 CONSENT DECREE by District Judge Robert Brack dismissing case (cc: all counsel) (js) (Entered: 12/02/2003)

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