UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

------------------------------------------------------x

EQUAL EMPLOYMENT OPPORTUNITY :

COMMISSION,

:

:

Plaintiff,

:

:

-against-

:

:

MELROSE HOTEL COMPANY,

:

INC., MHC BARBIZON, L.P. and

:

BERWIND PROPERTY GROUP, LTD., :

:

Defendants.

:

----------------------------------------------------------x

Civil Action No. 04-CV-7514 Judge Hellerstein ECF Case COMPLAINT
JURY TRIAL DEMAND

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 national origin, and to provide appropriate relief to Barbara Garcia, Juana Velez and a class of other similarly situated employees affected by such unlawful practices. As alleged with greater specificity below, the Commission charges that Defendants have engaged in national origin discrimination by creating a hostile work environment for Hispanic employees, enforcing a broad English-only rule against Hispanic employees and by terminating Hispanic employees, all because of their national origin. Defendants also have engaged in unlawful retaliation against employees who opposed the discrimination, including by terminating Ms. Garcia after she complained about discrimination.

JURIDICTION 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 Sections 706(f)(1) and (3) and 707 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1)(3) and §2000e-6 (“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, the Equal Employment Opportunity Commission (the “Commission”), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Sections 706(f)(1) and (3) and 707 of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Melrose Hotel Company has continuously been a Pennsylvania corporation doing business in the State of New York and the county of New York, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Melrose Hotel Company 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). 6. At all relevant times, Defendant MHC Barbizon, L.P. has continuously been a New York corporation doing business in the State of New York and the county of New York, and has continuously had at least 15 employees.
2

7. At all relevant times, Defendant MHC Barbizon, L.P. 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).
8. At all relevant times, Defendant Berwind Property Group, Ltd. has continuously been a Pennsylvania corporation doing business in the State of New York and the county of New York, and has continuously had at least 15 employees.
9. At all relevant times, Defendant Berwind Property Group, Ltd. 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 10. More than thirty days prior to the institution of this lawsuit, Barbara Garcia and Juana Velez filed charges with the Commission alleging violations of Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled. 11. Since approximately May 2001, Defendants have engaged in unlawful employment practices in violation of Sections 703 and 704 of Title VII, 42 U.S.C. §§ 2000e-2 and e-3. These practices have included, but are not limited to, the following:
A. Defendants have discriminated against a class of Hispanic employees by terminating them due to their national origin. For example, shortly after Ms. Garcia complained about discrimination against Hispanic employees, she and other Hispanic employees were terminated and/or forced to resign.
B. Defendants have discriminated against a class of Hispanic employees
3

based on their national origin by subjecting them to a hostile work environment. Specifically, Defendants have subjected Hispanic employees to ridicule and derogatory comments based on their national origin. For example, a Senior Vice President for Defendants regularly criticized, mimicked and made fun of Ms. Velez’s accent and belittled her about being from the Dominican Republic. C. Defendants have discriminated against a class of Hispanic employees regarding the terms and conditions of their employment. Specifically, Defendants have enforced a rule requiring Hispanic employees to speak only English at all times while at work. For example, a Senior Vice President for Defendants instructed employees not to speak Spanish to each other while on break. A manager reprimanded a Hispanic employee for speaking Spanish while assisting a Spanish-speaking hotel guest. D. Defendants have retaliated against a class of Hispanic employees after those employees complained of discrimination based on their national origin. For example, shortly after Ms. Garcia complained of discrimination, Defendants engaged in retaliation by criticizing her performance and then terminating her. 12. The effect of the practices complained of above has been to deprive Barbara Garcia, Juana Velez and a class of other similarly situated employees of equal employment opportunities and otherwise adversely affect their status as employees because of their national origin.
4

13. The unlawful employment practices complained of above were and are intentional.
14. The unlawful employment practices complained of above were and are done with malice or with reckless indifference to the federally protected rights of Barbara Garcia, Juana Velez and a class of other similarly situated employees.
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 them, from engaging in employment practices which discriminate on the basis of national origin and unlawful retaliation. B. Order Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities and which eradicate the effects of Defendants’ past and present unlawful employment practices. C. Order Defendants to make whole Barbara Garcia, Juana Velez and other 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 whole Barbara Garcia, Juana Velez and other similarly situated employees by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, in amounts to be determined at trial. E. Order Defendant to make whole Barbara Garcia, Juana Velez and other similarly
5

situated employees by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of above, including pain, suffering and humiliation, in amounts to be determined at trial.
F. Order Defendants to pay Barbara Garcia, Juana Velez and other similarly situated employees punitive damages for Defendants’ malicious and reckless 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 of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
6

Respectfully submitted, Eric Dreiband General Counsel 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)
7

 
 UNITED STATES DISiRICT COURT SOUTHERN DISTRICT OF NEW YORK

-------------------------------r, -------------------------------x.

EQUAL EMPLOYME~T OPPORTUNITY

COMMISSION,

!

Pltintiff,

C~MPANY, -against- i
MELROSE HOTEL INC., MHC BARBIZO~, L.P. and
BERWIND PROPERTY GROUP, LTD.,

D1fendants.

------------------------------t--------------------------------x
i

i i
ECF Case, I
! !

a iI'.'PIf-':,:,J\ ('1.

~/,~' ",0"

CONSENT DECREE

TABLE OF CONTENTS

PART I

GENERAL PROVISIONS

Section 101 Section 102

t Introductibn
Purpose the Decree

Section 103 Prohibitet Conduct and lnjunction Against Discriminati

Section 104 Consent tf Jurisdiction

Section 105 ApplicabAity of Decree to Successors and Assigns and I pon Purchase, Merger or
I
Consolidation

Section 106 New Yor· City Hotel

Section 107 Amendm nts to the Decree

Section 108 Severabil ty

Section 109 Duration of the Decree

Section 110 Notices

PART II SYSTE IC RELIEF Section 201 Postings nd Distribution of Memos Section 202 Non-Disdrimination Policy and Complaint Procedures Section 203 Training! Section 204 Monitoriig and Reporting

I

i
Section 205 Miscellaneous
I
lRY PART III MONET RELIEF
Section 301 Payments to Identified Claimants
Section 302 Documenlation of Payments to Claimants
Section 303 ReferenJs Provided to Individuals

PART IV

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

EXHIBIts
Notice of Resolution
Memo Cdntaining Requirements of Title VII
i
Defendants' Non-Discrimination Policy
fr0r Letter Defendants' Presidents
Paymentsito Identified Claimants (filed under seal)

1

PART I

GENE L PROVISIONS

Section 101

The Plaintiff Equal Employment Opportunity Commission ("E"i i C" or "Commission")
I
and Defendants Melrose Botel Company, Inc., MHC Barbizon, L.P., aI(l

Group, Ltd. (collectively "Defendants" or "Melrose") have agreed to res i Ive this action by the

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

On September 23 2004, the Commission brought this action un er Title VII of the Civil

Rights Act of 1964, as amended. The Complaint seeks to correct unlaw ul discrimination on the
!
basis of national origin at The Melrose Hotel New York and to make w Ie Barbara Garcia,

Juana Velez and a class fHispanic individuals who were subjected to. scrimination and

retaliation at The Melros Hotel New York.

The EEOC's co plaint alleges that Defendants terminated Bar~ . a Garcia and other

Hispanic employees bas~d on their national origin. The complaint furth r alleges that

Defendants harassed Juapa Velez and other Hispanic employees based 10 their national origin.

CO~Plaint ~ The EEOC's

also alleges that Defendants discrimin,,/ against a class of

Hispanic employees regtding the tenos and conditions of their emPlo: I ent including by

maintaining and enforcirlg a rule requiring Hispanic employees to speak ionly English at all times. The EEOC's co~plaint also alleges that Defendants retaliated a inst Barbara Garcia and

other Hispanic employes after receiving complaints of discriminationb sed on national origin. Through this acti n, the Commission seeks injunctive relief an~ i onetary damages for all

individuals affected by efendants' discriminatory acts.

2

Defendants have ~enied all of these allegations, and assert that th ir employment

practices and policies are in compliance with all applicable federal, state and local laws, rules and

regulations.

Section 102 Purpose f the Decree

A. The EEOt and Defendants desire to settle this action, an therefore do hereby
l
stipulate and consent to t e entry of this Decree as final and binding be. een the parties and their
* successors, assigns, any ther corporation or other entity that acquires P' or all of Defendants ! ,
and any corporation or 0 .her entity into which any or all of Defendants I ay merge or with which

any or all of Defendants tnay consolidate.

B. This Con' ent Decree resolves all issues raised in the Co plaint EEOC filed in
,
this case and in EEOC C arge Numbers 160-2003-00888 and 160-200302080, which served as
I I
the jurisdictional prereq isites in this case. The Commission reserves fil rights to proceed

regarding matters not cotered in this Consent Decree. The Decree does ot resolve any charge of

discrimination currently r,ending before the EEOC, or any charge that ! 1"1· Ybe filed in the future,

other than those charges ~isted above.

.

C. The termJ of this Consent Decree represent the full and Ie. mplete agreement of the

parties. The parties agreb that this Decree may be entered into without indings of Fact and

Conclusions of Law bei 'g made and entered by the Court.

D. By signin this Consent Decree Defendants do not admhthat they have
. I
committed any violation, of Title VII of the Civil Rights Act of 1964.

3

Section 103 Prohibited Conduct and Injunction Against Discriml
i
A. Defendan!s, on behalf of themselves and their successo~s .assigns, purchasers, and
. managers, officers and a ents acting on behalf 0 f any or all of Defendap ~, hereby agree that they shall not in the future discriminate against any individual because ofthb 'ndividual's national ongm. B. Defendan/s, on behalf 0 f themselves and their stlccessOl,s ,assigns, purchasers, and managers, officers and atents acting on behalf 0 f any or all of Defendap is, hereby represent that there is currently no policy, rule or guideline requiring the use of the Eh lish language only in the
workplace, and hereby a~ree that any such policy, rule or guideline that s alleged to exist is
hereby rescinded, and th t Defendants shall not adopt any such policy, Ie or guideline during the term of the Consent ecree.
C. Defenda s, on behalf of themselves and their successots· assigns, purchasers, and managers, officers and agents acting on behalf of any or all of Defendan s, agree that they shall not retaliate against any ndividual because that individual is a benefici of this Decree, has filed a complaint or has rovided information, assistance, or participate . in any other manner in
! !
the investigation or Iitig .tion of this matter. Section 104 Consent,o Jurisdiction
A. The EEOF and Defendants agree that this Court has juri iction over the subject
matter of this litigation tId the parties for the duration of this Decree, t: •it venue is proper, and
that all administrative PrFrequisites have been met. No party shall conlt 8t the validity ofthis Decree or the jurisdictior of the federal district court to enforce this D~ ee and its terms.
4

I

co~ t~e~uration B. The

shall retain jurisdiction over this action for

of the Decree

for all purposes including, but not limited to, the entering of all orders, ~ idgments, and decrees as

necessary to implement the relief provided herein. A breach of any te. of this Decree by

Defendants shall be dee I ed a substantive breach of this Decree. Any p y may bring an

enforcement action upon breach of any of the terms of this Decree by ajn other Party. Parties
will provide seven (7) b siness days written notice of breach so that th~ i arty alleged to have
breached may have an o~portunity to cure before the other party brings! enforcement action. If EEOC believes it will b~ prejudiced, in light of its obligations to litigate in the public interest, by

having to provide the notice and/or wait seven (7) business days, it may pply directly to the

Court for relief. In any tion to enforce the terms of this Decree, the <C urt will have full

authority to order any re edy the Court deems appropriate including, b • not limited to, specific

performance. This Decr e shall be construed under applicable federal ~ I

Section 105 Applicab~lity of Decree to Successors and Assigns an Upon Purchase,

Merger or Consolidation

Defendants shall rovide written notice and a copy of this Con~e. t Decree to any

successors, asSIgnS, any ther corporation or other entity that acquires: y or all of Defendants

and any corporation or o.her entity into which any or all of Defendantsi ay merge or with which

any or all of Defendants fay consolidate. The successors, assigns, acq ring entities, and any
surviving entities upon ~erger or consolidation shall be fully liable for
of the Decree. Defenda~ts shall provide written notice to EEOC within en (10) business days of

any assignment, successlon, acquisition, merger or consolidation.

I
5

i

.

Section 106 New YOr~City Hotel

Defendants stipu te that as of the date of entry of this Decree, ~,h, y do not own, operate

i4I

.• .I

or manage any hotel(s) New York City. Defendants will notify EEq •within five (5) business

days if they purchase ancyor begin to operate andior manage any hotel(s in New York City. If

Defendants purchase an<Vor begin to operate andior manage any hotel($) in New York City

D~ree, ~e during the term of this

all terms ofthis Decree shall apply to !hotel(s) and all of the

terms in Section II ofthit Decree must be implemented at the hotel(s). :

Section 107 Amendments to the Decree

By mutual conselit of the parties, this Consent Decree may be ended in the interest of
justice and fairness and tb facilitate execution of the Decree's provisio~ . No waiver,

modi fication or amend1nt of any provision 0 f this Consent Decree sJa I be effective unless it is

made in writing and appioved by all Parties to this Decree.

Section 108 Severability

If one or more PTvisions of this Decree is rendered unlawful ot nenforceable as a result
tIi of a legislative act or a djCiSiOn by a court of competent j urisdiction, !provisi ons of this

Decree which are not re1dered unlawful, unenforceable or incapable of I erformance as a result of

such legislative act or co~rt decision, shall remain in full force and eff¢ ,and the Parties'

I

.

responsibilities shall notcahate as to any and all provisions that have mit een rendered unlawful
i
or unenforceable, excep1 to the extent that the intent of the Decree wOt!-l be undermined.

Section 109 Duratio of the Decree
A. The Consent Decree shall remain in effect for three (3) lY ars from the date of

6

entry of the Decree. The date of entry of the Decree shall be the date itl i filed with the Clerk of

the Court, having been s' ed by the District Court judge.

B. If the C has notified Defendants in writing not lesst an 15 calendar days in

advance of the terminati n of the Decree that Defendants are not in cOIp liance with any sections

of the Decree, Defendan s' obligations under the Decree shall remain in ffect. Defendants shall

have the right to contest such a determination by motion to the Court. T e terms of the Decree

will remain in force and ¢:ffect until the issue is resolved by either the plies or the Court, or the

Court otherwise determiles that Defendants are in compliance.

Section 11 0 Notices

Except as otherwl'se provided for in this Decree, all notificatioqs .reports and

communications to the rties required under this Decree shall be madb 'n writing and shall be

sufficient as hand-delive ed, faxed, emailed or sent by express, certified r registered mail to the

following persons (or th ir designated successors):

For the EEOC:

Robert D. Rose Raechel Adams Equal Employment Opportunity C mmission 33 Whitehall Street, 5th floor New York, NY 10004 Fax: 212.336.3623

For Defendants:

Loretta Kelly, Esq. Berwind Property Group, Ltd. 1500 Market Street 3000 Centre Square West Philadelphia, PA 19102 Fax: 215.569.0329

7

PART II SYSTElVbc RELIEF

Section 201 Posting a~d Distribution of Notices

A.

esolution

Within ten (10) b siness days of the entry of this Decree, Defeh •ants shall conspicuously

, i
post and maintain a "No ice of Resolution" regarding this lawsuit on E' OC letterhead (attached

i

'

as Exhibit A), in all of it$ offices in all prominent places where emplo* notices are posted, The

Notice of Resolution shall be posted, and shall remain posted, for th duration of the Decree.
!
Defendants shall notify EEOC in writing within ten (10) business days fier they have posted the

Notice of Resolution pur uant to this Section.

B. Distribut on of Memo to Employees

A copy of a me 0 setting forth the coverage of federal emplo, ent discrimination laws

(Exhibit B) shall be dist 'buted to all employees of Defendants withiJ ,en (10) business days of

the date of entry of the Decree, Defendants shall notify EEOC in writin within ten (10) business
days after they have dist~buted the memo pursuant to this Section.

C. Distribudon of Memo to New Employees
•
A copy of a me 0 setting forth the coverage of federal emplol ent discrimination laws
(Exhibit B) shall be dist 'buted to all new employees of Defendants w~t in five (5) business days

of the commencement 0 their employment.

D. EEO Posters

Defendants will c;ontinue to post EEO posters in places visual1 accessible to applicants
!
and employees of Defen~ants as required by federal regulations, Defe dants shall notify EEOC

in writing within ten (1 business days that they have continued thei practice of posting EEO

8

posters pursuant to this Section.

Section 202 NOn-DiSCrimination Policy and Complaint Procedure

A. Mainten1nce of Non-Discrimination Policies and Prd dures

Defendants shall maintain comprehensive policies prohibiting 11 forms of employment

discrimination made un awful under federal laws. Defendants alsh shall maintain effective

procedures for receiving and processing discrimination complaints whi h ensure that complaints

are investigated in a thorough, fair and timely manner by a qualified d trained person. The

u! ~ual policies and proceduresI shall set forth Defendants' commitment

opportunity in all

aspects of employment.

B. Adoption of Non-Discrimination Policies and Proced es by Defendants

Within ten (10) usiness days of the date of entry of the Dec* , Defendants shall adopt

the attached Non-Discri ination Policy (Exhibit C). Defendants sh II include their updated

Non-Discrimination Pol cy in their Employee Handbook and shall b¢

company website that akes other human resources information r policies available to

employees. Under no ~rcurnstances has the EEOC, by reviewing a,n approving Defendants'

Non-Discrimination Polky, waived its right to investigate or litigat~ iany alleged violation of

I

.

im federal law enforced by ithe EEOC, related to or resulting from the Ilementation of any such

policy, except for the sPtlcific allegations resolved by this Consent Dedre.
c. Issuance of Non Discrimination Policies and Procedures to ~rrent Employees

Defendants shal issue their Non-Discrimination Policy (Exh it C) to all employees

within ten (10) business days of the effective date of this Decree along with a letter (Exhibit D)

signed by each of Defi dants' Presidents affirming their commitme t to maintaining a work

9

environment free of di+iminatiOn. Defendants shall notify EEOC, : writing within ten (10)

business days after it has complied with this Section.

D. Issuance f Non-Discrimination Policies and Procedn es to New Employees

Defendants shall issue their Non-Discrimination Policy (Exhibit C) to all new employees

within five (5) busines days of the commencement of their emplo ent along with a letter

(Exhibit D)-signed by eabh of Defendants' Presidents affirming their CiO mitment to maintaining

a work environment free of discrimination.

MOdifica~ion E.

of Policies and Procedures

If Defendants wish to modify their Non-Discrimination Polic during the term of the

:

I :

Decree, they shall do sol only after submitting the modified policy to· t •e EEOC for approval of

the modification(s) and eceiving such approval in writing. If EEOC: ils to respond in writing

within thirty (30) cal dar days of receiving the proposed writt n modification(s) from

Defendants, the mOdificrtiOn(S) shall be deemed approved. EEOC a; es that it will not reject

any change required by applicable state or local law, rule or regulati n, provided that EEOC

determines that the ch~•ge is not inconsistent with the applicable fed ral laws enforced by the

EEOC. Under no circumstances shall the EEOC, by commenting or JI. cting not to comment on
Defendants' Non-Discri~ination Policy, be deemed to have waived: ts right to investigate or
~e litigate any alleged violltion of federal law enforced by the EEOC, ated to or resulting from

the implementation of aq.y such policy.

I
10

~---

Section 203 Tjaining
A. Initial T aining
1. A~proval by the EEOC
Within one-hundred and eighty (180) calendar days of the ef~ I tive date of the Decree,

Defendants shall providj three (3) hours of training on federal emplo: ent discrimination laws

to all employees.

The

t~ainings ,

shall

be

conducted

by

Stradley

Ron9,

LLP or another outside

contractor selected by Defendants and approved by the EEOC. Withif1 en (10) business days of

the date of entry of thi~ Decree, Defendants shall submit a trainin~ iagenda and materials to

,

,

EEOC for review and I pproval and shall implement any recomm~ ations made by EEOC

regarding the training. The failure of Defendants to conduct initia~ :raining programs for all

employees within one-h ndred and eighty (180) calendar days of the flf ective date of the Decree

I

:

shall be deemed a SUbst+tive breach of the Decree and the Court shall notified ofthe breach.

2. RtQUired Subjects of the Training

The initial trairing shall, at a Immmum, include instruc ion on the rights and
responsibilities of emPltees under federal anti-discrimination laws an on how such laws define

unlawful diSCriminationf The training shall cover examples of unl wful conduct, including

examples of national obgin discrimination. The training also will over Defendants' Non-

Discrimination Policy with particular emphasis on the internal co: laint, investigation and
:
remediation process, all(~ an employee's right to file with EEOC and st~ e or local agencies.
3. T~aining for Mark Lahood (3J) Va Within thirty calendar days of the entry of the Decree, denberg & Feliu, LLP or

another outside contractor approved by EEOC shall provide a three:- our, one-on-one training

11

program for Mark Lahood. This training program shall, at a mini lum, cover the topics of
i
discrimination, retaliatio ,harassment, diversity and sensitivity. With! five (5) business days of

the date of entry of thi Decree, Defendants shall submit a training agenda and materials to

EEOC for review and pproval and shall implement any recomme ations made by EEOC

regarding the training.

4. D cumentation To Be Placed in Mark Lahood s Personnel File

A document statjng that Mark Lahood was required under tljl i terms of this Decree to

: i

i

; !

attend the training set ftrth in section 203.A.3 shall be placed in Mt. Lahood's personnel file.

Ii:

The document shall describe the content of the training and indib Ite whether Mr. Lahood

completed the training c~nsistent with the terms of this Decree.
I
B. Annual raining for All Employees

1. L ngth of Annual Training

On an annual b is, within thirty (30) calendar days of the co mencement of the prior

year's training, Defend nts shall provide two (2) hours of training on federal employment
I
discrimination laws to all employees. The trainings shall be conductp by Stradley Ronon LLP
or another outside cont~actor selected by Defendants and approved ~ I the EEOC. Within ten

I
(10) business days of th¢ date of entry of this Decree, Defendants shajll submit a training agenda
I

and materials to EEOC for review and approval and shall implement ajn recommendations made

provi~ by EEOC regarding the Itraining. The failure of Defendants to

i two (2) hours of annual

training to all employee shall be deemed a substantive breach of the i ecree and the Court shall

be notified of the breach

12

2. R¢quired Subjects of Annual Training

The annual

ing shall, at a minimum, include ins~c lion on the rights and

responsibilities of emplo ees under federal anti-discrimination laws and on how such laws define

unlawful discrimination The training shall cover examples of uJ1l1 wful conduct including

examples of national 0 igin discrimination. The training also will cover Defendant's anti-

discrimination policies land procedures with particular emphasis 0 the internal complaint,

investigation and remediation process, and an employee's right to me with EEOC and state or

local agencies.

C. Reporting Requirements for All Trainings
All employees atending any training session required by the D cree shall print and sign

their full name on an att ndance sheet. Within ten (10) business daY$ fthe completion of each

training required by the Decree, Defendants shall provide EEOC wi copies of all attendance

sheets. D.

I
pre-Trairing Notification Requirement

At least thirty (3~) calendar days prior to conducting a trainin session required by the

Decree, Defendants will provide the EEOC with written notice of th~ ate, time and location of

~he the scheduled training.

EEOC, at its discretion, may attend and <:> serve one or more of the

I

<

training sessions and may provide recommendations to be implemen1Je· by the trainer, provided

I

<

that the EEOC provides ~ve (5) business days notice of its intention tdttend a training session.

E. New Yor City Hotel

If Defendants pu chase and/or begin to operate and/or manage ny hotel(s) in New York

City during the term of is Decree, all of the provisions of section 20$ f this Decree shall apply

13

to the hotel(s). The initlal training shall be conducted within forty-fiv (45) calendar days after

Defendants purchase and/or begin to operate and/or begin to manage y hotel(s) in New York

City, and annually thereafter for the duration of this Decree. If DefendJ,a .ts purchase and/or begin

to operate and/or manage any hotel(s) in New York City with a work~ ce that is more than ten

~ percent

Hispanic

during

ke
.

term

of this

Decree,

Defendants

will

provl.

all training required by

this Decree in both English and Spanish and offer the employees the Ihoice of participating in

I
either the English-Iangua,ge training or the Spanish-language training. i

Section 204 Monitoripg and Reporting
A. Monitori~g by the EEOC

The EEOC may tonitor Defendants' compliance with the COlli' nt Decree for a period of

three (3) years from th date of entry of the Decree through the i spection of Defendants'

premises and records an through interviews with employees.

B.

Requirements for Discrimination Complai

For the duration of this Decree, every three (3) months, De endants shall provide a
written report to the EE C with information regarding any verbal or ir 'tten complaints alleging

unlawful discrimination om employees which were received or proce sed during the preceding

three months. The rep .,rt shall include the name of the complainant, the name of the alleged harasser(s) or discriminJtor(s), the location, a list of each step taken, y Defendants during the

investigation, a summary of the complaint, the results of any investig$t on of the complaint, and

I

any remedial action taken by Defendants. The report shall include ~11 open complaints and all

res~lved complaints closed or

within the prior three months. The fir$t .report shall be due three

~ntry months after the date of of the Decree.

14

Section 205 Miscella~eous

A. Record etention

For the duratio of the Decree, Defendants agree to mairh. in such records as are
!
lR. necessary to demonstrat their compliance with the Decree and 29 C, §1602 et seq., and to

verify that the reports submitted pursuant to the Decree are accurate.

B. Manage~ent Evaluation and Accountability Policy
I
Within 30 calen~ar days of entry of the Decree, Defendants hall instruct supervisory

personnel that annual erpployee evaluations (including supervisor eva] ations) shall include an

evaluation of each rev' wee's compliance with Defendants' non-di crimination polices and

procedures and with fed ral anti-discrimination laws. Such evaluatiOljl shall be made in writing

as part of Defendants' ormal employee evaluation process and sna 1 be discussed with the

reviewees. PART III

. ,

, '

MONETARY AND OTHER RELIEF FOR INDIVU ALS

Section 301 Paymentf to Identified Claimants

A. Total Payment

In full and fin 11 settlement of EEOC's claims for monet relief in this action,

Defendants shall pay $ 00,000.00 to the 13 Claimants identified b EEOC and set forth in Exhibit E to this Decree, which Exhibit shall be filed under seal with t~

B. Form an Method of Payment to Identified Claimaqt .

Defendants

shall., deliver

checks

to

the

Claimants

in

the

amounjsset , :

forth

in

Exhibit

E

via

certified mail within seven (7) business days of entry of this Decree.· efendants shall provide
~n EEOC with copies of checks, by mail, within five (5) calendar d ys of the mailing of the

15

checks to the Claimants.

Section 302 Docume ation of Payments to Claimants

In connection wi each check for backpay, Defendants shall is$ e to the Claimants an

IRS Form W2, and in co nection with each check for compensatory d ages, Defendants shall
issue to the Claimants art IRS Form 1099. All Claimants shall be resPG> sible for any taxes owed

by them with respect to tpese payments. All backpay shall be subject to ithholding.
I!
Section 303 References Provided to Individuals

Defendants

shall,

maintain

their

current

policy

on

providing: ;

ferences to prospective

employers of Claimants nd shall release only the Claimants' title(s)/po ition(s) held and dates of

employment. Defendan s shall not mention this action, or any other til 'tter related to this action

or the underlying char es of discrimination, to prospective emplqy rs enquiring about any

Claimant's employment ith Defendants.

16

PART IV SIGNATURES

I
Each signatory ~ this Decree represents that each is fully au orized to execute this

Decree and to bind the ~es on whose behalf each signs.

M..vv f Dated:

~t,\ \ .2006

Dated: jJp"

I ')' .2006

EQUAL EMPLOYME1\fT OPPORTUNITY

COMMISSION

1

i

MELROSE TEL COMPANY, INe.

Elizabe Grossman Regional Attorney

Judy Keenan

I

Acting Supervisory Tri41 Attorney

I

Raechel L. Adams Senior Trial Attorney

Robert D. Rose

Senior Trial Attorney

I

New York District Ombe 33 Whitehall Street, 5th:Floor
New York, New York, 110004

(212) 336-3721

I

By: ffl~ L .' "
ROPERTY GROUP, By:

..L-~_-=-~_, 2006.

17

EXHIBIT I
I

I

U.S. EQulL EMPLOYMENT OPPORTUNITY CO • New York District Office

33 Whitehall Street, 5th Floor New York, NY 10004-2112 Phone: (212) 336-3620 TTY: (212) 336-3622

NOTICE TO LL EMPLOYEES OF BERWIN GROUP, LTD.

OPERTY

This Notice has beeniposted pursuant to a settlement entered to by Consent Decree by the U.S. E ual Employment Opportunity Commi&s on ("EEOC") and the Melrose Hotel C mpany, Inc., MHC Barbizon, L.P. and ,erwind Property Group, Ltd. ("Berwi d") in resolution of a court complaint Q illational origin discrimination and h rassment and retaliation filed against pfendants on behalf of current and former employees of the Melrose Hotel New rk.
!
Federal law prohibit~ discrimination and/or harassment base on an employee's
sex, race, color, nati~nal origin, religion, age or disability sta..... s. Federal law also
prohibits retaliation gainst any employee who files a charg¢ f discrimination, who opposes unlaw I activity, or who cooperates in the inv!e l tigation of a charge or otherwise exercises her or his rights under law.
i
The terms of the Con.sent Decree require that Defendants:

1. .Agree nbt to engage in any unlawful employme •

discrimipation or retaliation against any person ho exercises .1

his or hqr rights under federal anti-discriminatio I laws;

.

.

2. Provide itraining on federal laws prohibiting em oyment

discrimihation to all current and future employe s;

i
1
3. Maintaitand distribute written policies and pro .edures p:ohi.bi~ ng .discrimina~ion and enabling emploies to file

dlscnml atlOn complamts;

•

I

: ,

4. Permit IfEOC to monitor compliance with the C nsent Decree;

5. Providelperiodic reports to EEOC regarding any discrimination

complaipts made by employees;

i

I

.

6. Post thi1Notice and distribute a memo to all em .10yees regarding

non-disrmination laws;

I

Should you have a c1mplaint of discrimination or harassmer\! Iyou may contact:

U.S. Eq~al Employment Opportunity Commissj n

33 Whitthall Street

.

New York, New York, 10004

(212) 33/6-3620 or (800) 669-4000

Website: www.eeoc.gov

Dated:- - - - - r - - -

~L THIS IS AN OFFICIAL NOTICE AND MUST NOT BE TERED OR
DEFACED BY ANvONE OR COVERED BY ANY OTHtR MATERIAL ,
This Notice m 1st remain posted for three (3) years frqrl1 the date shown above and must not le altered, defaced, or covered by any orler material. Any questions concerning this Notice or compliance with its prov'bions may be directed to the U.S. Equal Employment Opportunity CommiS ion at the above numbers, or 1-800-6~9-4000, or TTY 1-800-669-6820, or to ~our Manager or Human Resources representative.

~,XHIBIT ____

[BPG letterhead]

TO:

All Empl yees

FROM:

[Presiden of Defendants]

DATE:

[Effective Date of the Decree]

RE:

Protection Provided by Federal Anti-Discrimination La,

The purpose of th' s memo is to inform all employees of their rig s under federal anti-
discrimination laws, Be ind Property Group, Ltd. is fully committed t complying with these
laws and to providing a ork environment free of discrimination and h. ssment. State and local anti-discrimination laws Iso exist, and Berwind Property Group, Ltd, i~ qually committed to compliance with these la s as well.
i
The primary fedetllaws that prohibit employment discriminatib are Title VII of the 1964 Civil Rights Act, th Americans with Disabilities Act and the Ag¢ iscrimination in Employment Act. They rohibit discrimination and harassment based <l>

race

I

color

religion I -

disability

sex (incluting pregnancy)

national orig n

age

I

The law prohibitsIdiscrimination based on the above categories lr garding any aspect of employment including:

hiring and firing; compensa ion, assignment or classification of employee$; transfer, p omotion, layoff or recall; job advert sements; recruitme t; testing; use of co pany facilities; trammg a d apprenticeship programs; fringe ben fits; pay, retire ent plans and disability leave; or other te s and conditions of employment.

The same laws al 0 prohibit:

retaliation against an individual for filing a charge of di~c 'mination, participating in an inve tigation or opposing discriminatory practices;'

employm nt decisions based on stereotypes or assumptio s about the abilities,

traits or p(jfformance of individuals of a certain sex, race, ge religion or ethnic group, or ihdividuals with disabilities;

denying e ployment opportunities to a person because 0 marriage to, or associatio with, an individual of a particular race, religiJo· , national origin, or an individual with a disability. Title VII prohibits discrimith. tion because of
participati n in schools or places of worship associated w .th a particular racial,
ethnic or religious group.

The laws require ¢mployers to reasonably accommodate:

1
the religi ls belief of an employee or prospective employe, unless doing so

would im ose an undue hardship;

• !

a quali~e ~o! individual with a disability unless doing so ld impose an undue

hardshIp. !

.

If you believe yoJ have been subject to unlawful harassment or d scrimination, or if you have witnessed unlawful harassment or discrimination, please report it i accordance with the procedures contained in t e company's Non-Discrimination Policies and Procedures so that the company may promptly i vestigate and remedy the discrimination. You also may file a complaint with the Equal Employment Opportunity Commission ("EEd) •"), which is the federal agency responsible for e forcing federal anti-discrimination laws. The OC can be reached at 800-669-4000 or 212-33 -3620 (www.eeoc.gov).

2

~,XHIBIT

EQUAL EMPLOYMENT OPPORTUNITY

BPG is an Equal Employment Opportunity Emplq

decisions regaFding employment are designed t

valid job requ'rements to ensure Equal Employ
Opportunit s 'n all aspects of employment. E

Equal Employme t Opportunit

to all Employe

applicants for employment without regard to r ee, color,

religion, sex, national origin, marital statu , personal

appearance, sekual orientation,

of 40 or lder,

disability, military status, status as a Viet m-era or special disabl~d Veteran or any other statusi accordance

to applicable laws. In addition, BPG complieis with

applicable star'e and local laws governing non-

discrimination in employment. This policy a,. ~ies to I

terms and cond tions of employment, including' ut not

limited to rtng , placement, promotion, termi ation, lay-

f, recall, tans , Leaves-of-Absence, comp nsation, and

training. Bre,ch this policy by any Emplo e is grounds

for disciplinary action up to and including di charge for

the f

offe~se.

!

HARRASSMENT IN THE WORKPLACE

haras~ All employees have) e right to work in an environment free from!\l forms of unlawful

employment discrimihation, including sexual harassment and

ent based on race,

color, national origin~ ancestry, nationality, citizenship, religion, cre ,age, sexual

· orientation, disability or any other characteristic protected by law. ltis, therefore, the
policy ofBPG and al of its subsidiaries and related companies that; . lawful employment

discrimination, inclu ing harassment in all of these forms, of empld es by Management,
X Supervisors, co-work rs, vendors, or customers is strictly prohibited. The Company also
strictly prohibits its e~ployees from engaging in such conduct ag' the employees of

the Company's venddrs, customers or others with whom it does bu ess. Any such

discriminatory or harf'ssing conduct is not and will not be tOlerated·. d should be

promptly reported as utlined in this policy. • Conduct ·

l

Employees at allievef of the organization are expected to conduct t .mselves in a
business-like and pro essional manner at all times and to refrain fro. I sexual harassment and other harassment. For purposes of this policy, sexual harassment 's defined as
unwelcome sexual ad. ances, requests for sexual favors, and other ve al or physical conduct of a sexual n~ture when:

o Submi!sion to such conduct is made either eXPlicitlY!. implicitly a term or conrition of an individual's employment; or

o submi~sion to or rejection of such conduct is used ast e basis for

emplotment decisions affecting the individual; or

unreasona~l osuincdhivcil~nadl'usctwhoarsktpheerpfourrmpoasneceoroerfcfreecattoinfg

an

intimida

' interfering ing, hostile

with or

an

offensik.re working environment.

i
Some examples OfW~.t may constitute sexual harassment are: thre~t ning or taking adverse employment ctions if sexual favors are not granted; demal1\d. for sexual favors in exchange for favor ble or preferential treatment; unwelcome flirt~ .ons, propositions, or advances; unwelco. e physical contact; whistling, leering, improp gestures or offensive remarks, inqluding unwelcome comments about appearanc . sexual jokes or other inappropriate use of sexually explicit or offensive language; the display in the
' workplace of sexuallYsuggestive objects or pictures, using any med~, including
telecommunications 0 computer systems, to send, receive, or exhibit bral, written, or
t graphic material whic constitute unwelcome discriminatory and/ors' xual displays, etc.
The above list is not intended to be all-inclusive. Even one instance! f such conduct, if severe enough, may dmstitute sexual harassment.

For purposes of this ~OliCY' other harassment is defined as verbal ot. :.:hysical conduct that
denigrates or shows stilityor aversion toward an individual beca* bof his or her race,
color, religion, creed, sexual orientation, gender, national origin, age: ancestry, nationality, disability~ or any other characteristic protected by law, ID that of his or her relatives, friends, or aJssociates, and that:
o has th~ purpose or effect of creating an intimidating,:. : stile, or offensive
work jvironrnent; or
o has thcl purpose or effect of unreasonably interfering' ith an individual's work performance; or
o othe1se adversely affects an individual's emPloYRj<'! t opportunities.
Some examples of suJh harassment are: using epithets, slurs, negatjv stereotypes;
threatening, intimidating, or engaging in hostile acts that relate to a potected I
characteristic; purported jokes or pranks; placing on wall, bulletin bb ds, or elsewhere on company premise~: or circulating in the workplace via any medi1, oral, written or graphic material that enigrates or shows hostility or aversion towrutd!a person or group because of a protecte characteristic.
• Complaints of Harassment
While Management at Supervisors are responsible for enforcing th I policies against harassment, including sexual harassment, all employees, at all levels .f the organization, are responsible for he ing to assure that harassment does not occur!b conducting themselves in an apprbpriate manner in accordance with this policy!a d by reporting harassment that they dbserve. The Company treats all claims very se 'ously, and your notification of any prJblems is essential to maintaining a respectfuI~. .d harassment free workplace. It is very mportant for any employee who feels he or sh !has a complaint under this policy to ut lize the complaint procedure specified below. :There will be no retaliation against yo :for making a complaint.
If an individual has a bomplaint or concern regarding harassment, he r she should report the incident to his/heisupervisor or to a Manager. If the employee i.s:.not comfortable taking the complaint r concern to a Supervisor or Manager, the com .laint or concern should be taken to Lo etta M. Kelly, General Counsel ofBPG at (215 575-2422, or the Director of Human R . ources ofBPG at (215) 575-2405. Manager& nd Supervisors shall also be responsi91e for reporting any discrimination or harassn1e t that they observe.
The complaint or con~:ern will be investigated promptly as is warranJtd under all of the circumstances, and all investigations will be documented. The step~ i be taken during the investigation cann t be fixed in advance, but will vary depending pon the nature of the allegations. The matter will be kept as confidential as possible, ~ nsistent with the need to undertake a fuP investigation. All employees are expected to e truthful and

cooperative in connJtion with any complaint and investigation. Cl>' plainants will be

informed of the results ofthe investigation.

. .

Individuals found to »ave engaged in harassment in violation ofthi$ olicy will be

disciplined, up to andi including discharge. Discipline may include, ut is not limited to,

anyone or more of the following: counseling, written warning, derh tion, withholding of

a promotion, reassignbent, temporary suspension without pay, reduc ion in payor

discharge.

I

Retaliation of any kinb against any employee who complains about: rassment, who assists or participates lin any manner in an investigation ofharassmtj ., or who opposes
unlawful diSCriminati~.n or harassment is absolutely forbidden. Reth... lation is a serious
violation of this polic and should be reported immediately. Any pe on found to have
retaliated against an i dividual for reporting harassment or participat g in an investigation will be ~ubject to appropriate disciplinary procedures •described above.
!

HIBIT ~I

BPG Letterhead
I

To: BPG, Ltd. EmPIJyeeS

From: Dan DiLella Date: March _,200f Re: Company POliCy(gainst Discrimination and Harassment

l •

BPG, Ltd. is fully committed to maintaining a work enviro nt that is free from
all forms of unlawful employment discrimination, including sexual h rassment and other
forms of unlawful ha:r"ssment based on a characteristic protected by w. We have always had written pOllicies which fully set forth this commitment.

Accordingly, qur updated Equal Employment Policy and out. ti-Harassment Policy are enclosed with this memo. Please review these policies car· fully. As you will
see, BPG, Ltd. strict1~ prohibits unlawful employment diSCriminatio. ~o. r harassment.
Any such discriminat~ry or harassing conduct will not be tolerated should be promptly reported as outlined in each policy. Any such report will ~ .taken seriously by
the Company, and a thorough investigation will be conducted. If it is idetermined that a
violation has occurre1!rompt disciplinary action will be taken, up t .and including
termination of emploJI~uent.

We are very p~oud of the work environment that we have es~a lished here at BPG, Ltd., and we ard. committed to maintaining a productive and er dent work environment that is fr~e of both harassment and discrimination. Yo i i adherence to these policies will help achirve this goal.

H1XHIBIT~
(-~:rnder Se 1)

 
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CLOSED, ECF
U.S. District Court United States District Court for the Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:04-cv-07514-AKH

Equal Employment Opportunity Commission v. Melrose Hotel Company, Inc. et al Assigned to: Judge Alvin K. Hellerstein Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/23/2004 Date Terminated: 02/02/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Robert David Rose U.S. Equal Employment Opportunity Commission 33 Whitehall Street 5th Floor New York, NY 10004 (212) 336-3620 Fax: (212) 336-3623 Email: robert.rose@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Raechel Lee Adams U.S. Equal Employment Opportunity Commission 33 Whitehall St., 5th Floor New York, NY 10004 (212) 336-3707 Fax: (212) 336-3623 Email: raechel.adams@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant Melrose Hotel Company, Inc.
Defendant

represented by Christopher A D'Angelo Vandenberg & Feliu, LLP 110 East 42nd Street New York, NY 10017 212-763-6800 Fax: 212-763-6810 Email: cdangelo@vanfeliu.com ATTORNEY TO BE NOTICED

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MHC Barbizon, L.P.
Defendant Berwind Property Group, Ltd.

represented by Christopher A D'Angelo (See above for address) ATTORNEY TO BE NOTICED
represented by Christopher A D'Angelo (See above for address) ATTORNEY TO BE NOTICED

Date Filed 09/23/2004
09/23/2004 09/23/2004 09/23/2004 09/23/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004
12/10/2004 01/05/2005

#

Docket Text

1 COMPLAINT against Berwind Property Group, Ltd., MHC Barbizon, L.P., Melrose Hotel Company, Inc. Document filed by Equal Employment Opportunity Commission.(db, ) Additional attachment(s) added on 9/24/2004 (db, ). (Entered: 09/23/2004)
Magistrate Judge Michael H. Dolinger is so designated. (db, ) (Entered: 09/23/2004)
SUMMONS ISSUED as to Berwind Property Group, Ltd., MHC Barbizon, L.P., Melrose Hotel Company, Inc. (db, ) (Entered: 09/23/2004)
Case Designated ECF. (db, ) (Entered: 09/24/2004)
Case Designated ECF. (gf, ) (Entered: 09/27/2004)
2 RULE 7.1 DISCLOSURE STATEMENT. Document filed by MHC Barbizon, L.P..(D'Angelo, Christopher) (Entered: 12/10/2004)
3 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Melrose Hotel Company, Inc..(D'Angelo, Christopher) (Entered: 12/10/2004)
4 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Berwind Property Group, Ltd..(D'Angelo, Christopher) (Entered: 12/10/2004)
5 ANSWER to Complaint. Document filed by MHC Barbizon, L.P..(D'Angelo, Christopher) (Entered: 12/10/2004)
6 ANSWER to Complaint. Document filed by Melrose Hotel Company, Inc..(D'Angelo, Christopher) (Entered: 12/10/2004)
7 MOTION to Dismiss Complaint. Document filed by Berwind Property Group, Ltd.. Responses due by 12/24/2004 Return Date set for 1/14/2004 09:30 AM. (Attachments: # 1 Affidavit of Christopher A. D'Angelo)(D'Angelo, Christopher) (Entered: 12/10/2004)
8 BRIEF re: 7 MOTION to Dismiss Complaint.. Document filed by Berwind Property Group, Ltd..(D'Angelo, Christopher) (Entered: 12/10/2004)
9 STIPULATION: plaintiffs time to respond to defendant Berwind Property Group, Ltd.'s motion to dismiss is extended to 1/14/05. (Signed by Judge Alvin K. Hellerstein on 1/5/05) (db, ) (Entered: 01/07/2005)

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01/05/2005 01/14/2005 01/14/2005
01/14/2005 01/14/2005 03/18/2005 03/31/2005 05/18/2005 06/20/2005
06/30/2005
07/20/2005 07/21/2005 11/17/2005

Set/Reset Deadlines as to 7 MOTION to Dismiss. Responses due by 1/14/2005 (db, ) (Entered: 01/07/2005)
10 ORDER; withdrawing 7 Motion to Dismiss, on consent, pending discovery without prejudice. (Signed by Judge Alvin K. Hellerstein on 1/14/05) (sac, ) (Entered: 01/14/2005)
11 CASE MANAGEMENT PLAN: Amended Pleadings due by 3/28/2005. Joinder of Parties due by 2/28/2005. Discovery due by 9/14/2005. Case Management Conference set for 10/14/2005 10:00 AM before Judge Alvin K. Hellerstein. See Document for further Scheduling Deadlines. (Signed by Judge Alvin K. Hellerstein on 1/14/05) (sac, ) (Entered: 01/14/2005)
Minute Entry for proceedings held before Judge Victor Marrero : Interim Pretrial Conference held on 1/14/2005. Next conf set for 10/14/05 at 10:00 a.m. (kw, ) (Entered: 01/21/2005)
Set Deadlines/Hearings: Pretrial Conference set for 10/14/2005 at 10:00 AM before Judge Alvin K. Hellerstein. (kw, ) (Entered: 01/21/2005)
12 ANSWER to Complaint. Document filed by Berwind Property Group, Ltd..(D'Angelo, Christopher) (Entered: 03/18/2005)
13 STIPULATION AND ORDER that shall govern the procedures to be followed when handling confidential materials in this matter. (Signed by Judge Alvin K. Hellerstein on 3/31/05) (dle, ) (Entered: 04/04/2005)
14 MOTION for Raechel L. Adams to Appear Pro Hac Vice. Document filed by Equal Employment Opportunity Commission. (jco, ) (Entered: 05/23/2005)
15 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert Rose, Raechel Adams, Christopher D'Angelo and Jane Calvin dated 6/9/05 re: counsel for parties jointly submit discovery disputes. My rulings are made in the text, alongside each numbered section. (Signed by Judge Alvin K. Hellerstein on 6/20/05) (dle, ) (Entered: 06/21/2005)
16 ORDER Plaintiff's motion for reconsideration denied. Discovery of a defendant's assets is not relevant to any issue of the lawsuit, F.R.C.P. 26(b)(1), and may not be had pre-judgment. See Clause v. Danker, 254 F. Supp 246, 249 (S.D.N.Y. 1967); Bank of China v. NBM L.L.C., 2001 WL 604083 (S.D.N.Y.); Bank v. Nuro Trans. Corp., 62 A.D. 2d 942, 404 N.Y.S. 2d 7,8 (1st Dept. 1978). I have made no ruling regarding bifurcation. Counsel is also cautioned against ex parte letter writing. So Ordered. (Signed by Judge Alvin K. Hellerstein on 6/30/05) (jco, ) (Entered: 07/01/2005)
Set Deadlines/Hearings: Discovery due by 12/14/2005. (jco, ) (Entered: 07/21/2005)
17 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein dated 7/19/05 re: Counsel jointly submit request to extend the fact discovery completion date until 12/14/05. So Ordered, with amendment noted on p. 2. No further adjournments. (Signed by Judge Alvin K. Hellerstein on 7/20/05) (jco, ) (Entered: 07/21/2005)
18 ORDER that deft's discovery requests, as outline and explained in the jointletter, are denied. (Signed by Judge Alvin K. Hellerstein on 11/17/05) (cd, ) (Entered:

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12/05/2005 12/06/2005 12/20/2005 12/28/2005
12/28/2005
01/05/2006 02/02/2006 02/07/2006 03/08/2006

11/17/2005)
19 STIPULATION; re: withdrawal and discontinuance of motion to dismiss. (Signed by Judge Alvin K. Hellerstein on 12/5/05) (pl, ) (Entered: 12/06/2005)
20 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Christopher A. D'Angelo dated 12/5/05 re: all dft's arguments were previously made. I decline to reconsider my ruling. The order is not appropriate for 28 U.S.C. section 1292(b) certificates. (Signed by Judge Alvin K. Hellerstein on 12/6/05) (pl, ) (Entered: 12/07/2005)
21 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert D. Rose, etc. dated 12/16/05 re: defendants renew their request that the 11/10/2005 letter be filed with the Clerk's Office, to be made part of the record in this case. ENDORSEMENT: SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 12/20/05) (kco, ) (Entered: 12/21/2005)
22 NOTICE of Joint Letter (filed with permission) re: 18 Order, 21 Endorsed Letter, Set Deadlines,,. Document filed by Equal Employment Opportunity Commission, Melrose Hotel Company, Inc., MHC Barbizon, L.P., Berwind Property Group, Ltd.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M)(Calvin, Jane) (Entered: 12/28/2005)
23 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert Rose, Christopher D'Angelo, Raechel Adams and Jane Calvin dated 12/22/05 re: counsel for plaintiff requests that dfts' request to dismiss William Gomez as a claimant should be denied. The parties shall stipulate a reasonable extension of discovery schedule and fix a date certain for the deposition of Willie Gomez. (Signed by Judge Alvin K. Hellerstein on 12/27/05) (dle, ) (Entered: 12/29/2005)
24 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Raechel L. Adams and Christopher A. D'Angelo dated 1/3/06; re: Settlement Conference set for 2/3/2006 at 9:30 AM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 1/5/06) (sac, ) (Entered: 01/06/2006)
25 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from counsel from all parties dated 2/2/06 re: suggestion pf settlement having been made, this action is dismissed, subject to restoration by either party within thirty (30) days on notice, The Clerk is directed to close this case. (Signed by Judge Alvin K. Hellerstein on 2/2/06) (db, ) (Entered: 02/03/2006)
26 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert D. Rose re: The order conveys in affect previous sufficient jurisdictional flexability to the Courts and the parties to entertain the consent decree when filed and to retain jurisdiction to enforce the same. Motion DENIED. (Signed by Judge Alvin K. Hellerstein on 2/6/06) (kco, ) (Entered: 02/07/2006)
28 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from C. D'Angelo, J. Calvin, R. Adams and R. Rose dated 3/1/06 re: counsel for parties requests the scheduling of a status conference. The 30 day period is enlarged to 4/10/06. A conference will be considered if and when needed. (Signed by Judge Alvin K. Hellerstein on 3/7/06) (dle, ) (Entered: 03/08/2006)

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03/21/2006

31 CONSENT DECREE AND JUDGMENT settling action. (Signed by Judge Alvin K. Hellerstein on 3/20/06) (Attachments: # 1 Notice of Right to Appeal)(ml, ) (Entered: 03/24/2006)

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 EEOC LITIGATION SETTLEMENT REPORT - March 2006

http://www.eeoc.gov/litigation/settlements/settlement03-06.html

EOC v. Melrose Hotel Co., Inc., MHC Barbizon, L.P., and Berwind Property Group, Ltd. No. 04-CV-7514 (AKH) (S.D.N.Y. March 24, 2006)
The New York District Office filed this Title VII case alleging that defendants subjected two Hispanic charging parties (both managers) and other Hispanic managers and employees at The Melrose Hotel New York in Manhattan to discrimination based on their national origin (harassment, English-only rule, other terms and conditions of employment, and discharge) and to retaliation (terms and conditions and discharge). At the time of suit, defendant Melrose Hotel Company owned The Melrose NY (and luxury hotels in Dallas and Washington, DC) and Berwind Property Group (BPG) managed The Melrose NY through its local affiliate MHC Barbizon. In July 2005, The Melrose Hotel NY closed and Barbizon became defunct.
When BPG, which manages property nationwide, began managing The Melrose NY in May 2001, it brought in a new Senior Vice President of Operations, Mark Lahood. Lahood regularly made demeaning comments about Hispanic employees, mocked their accents, and told employees speaking Spanish on break in the cafeteria "this is an English country." Similarly, the new Rooms Manager made derogatory comments about Hispanics, told them not to speak Spanish (including during breaks), and said she couldn't wait until all the Hispanic employees were fired. One charging party was the General Manager of The Melrose NY. In this position she was a conduit for complaints from other Hispanic managers and employees concerning the conduct of Lahood and the Rooms Manager. Lahood also harassed the CP/General Manager. In the early summer of 2002, CP forwarded complaints about Lahood and the Rooms Manager to the Senior VP for Human Resources. Lahood then began criticizing CP's performance, and fired her on August 8, 2002, despite 7 years of positive evaluations under previous management. The second CP was promoted to Assistant Director of Housekeeping in May 2002. She resigned in October 2002, after defendant failed to address her frequent complaints about Lahood harassing her and about the Rooms Manager speaking derogatorily about Hispanic employees. Defendant retaliated against other Hispanics who complained about discrimination and harassment, including the English-only rule, either terminating them or subjecting them to abusive treatment that forced them to resign.
Under the 4-year consent decree resolving this case, the 2 CPs and 11 other claimants will share $800,000 in backpay and compensatory damages. The affirmative relief provisions of the decree apply to BPG. BPG must maintain comprehensive policies prohibiting employment discrimination and maintain effective procedures for receiving and processing internal discrimination complaints. To implement these requirements, BPG will adopt a nondiscrimination policy, issue it to all employees within 10 days of the decree's effective date (along with a letter signed by BPG's President affirming BGP's commitment to maintaining a discrimination-free workplace), insert the policy in employee handbooks, and make it available on company websites. In addition to other training requirements, BPG must provide Mark Lahood with 3 hours of one-on-one EEO training within 30 days of entry of the decree and must document the training requirement and content in Lahood's personnel file. If BPG purchases or begins to operate or manage any hotels in New York City during the term of the decree, all of the decree's terms will apply to such hotels.

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