US v NW New Mexico Regional Solid Waste Authority

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
ALBUQUERQUE DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
CASE NO. Jury
NORTHWEST NEW MEXICO REGIONAL SOLID WASTE AUTHORITY,
Defendant.
COMPLAINT
Plaintiff, the United States of America, alleges:
1. This action is brought on behalf of the United States to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq.
2. This Court has jurisdiction of the action under 42 U.S.C. § 2000e-5(f) and 28 U.S.C. § 1345.
3. Defendant Northwest New Mexico Regional Solid Waste Authority is a political subdivision of the State of New Mexico, created pursuant to the laws of the State of New Mexico.
4. Defendant Northwest New Mexico Regional Solid Waste Authority is a person within the meaning of 42 U.S.C. § 2000e(a) and an employer within the meaning of 42 U.S.C. § 2000e(b).
5. Defendant Northwest New Mexico Regional Solid Waste Authority has discriminated against Desbah Padilla, a Native American female formerly employed by the Waste Authority, and similarly situated individuals presently or formerly employed by the Waste Authority on the basis of their race in violation of
§ 703(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2(a), among other ways, by:
z subjecting them to harassment on the basis of their race during their employment with the Northwest New Mexico Regional Solid Waste Authority that adversely affected the terms, conditions and privileges of their employment; and
z failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment.
6. Defendant Northwest New Mexico Regional Solid Waste Authority has discriminated against Desbah Padilla and similarly situated individuals presently or formerly employed by the Waste Authority on the basis of their sex, female, in violation of

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US v NW New Mexico Regional Solid Waste Authority

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§ 703(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2(a), among other ways, by:
z subjecting them to harassment on the basis of their sex during their employment with the Northwest New Mexico Regional Solid Waste Authority that adversely affected the terms, conditions and privileges of their employment; and
z failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment.
7. Defendant Northwest New Mexico Regional Solid Waste Authority has further discriminated against Desbah Padilla and other similarly situated female former employees of the Waste Authority on the basis of their race and/or sex in violation of
§ 703(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2(a), by creating and maintaining a work environment that was so racially and/or sexually hostile that they were forced to resign from their positions at the Waste Authority.
8. Desbah Padilla timely filed a charge of discrimination (EEOC Charge No. 390-98-0871) with the Equal Employment Opportunity Commission (EEOC). In this charge, Ms. Padilla alleged that the then Executive Director of the Defendant Northwest New Mexico Regional Solid Waste Authority harassed her because of her sex and race; that because of the harassment she was forced to resign her position with the Waste Authority; and that the discrimination was in violation of Title VII of the Civil Rights Act of 1964, as amended. Pursuant to § 706 of Title VII, 42 U.S.C. § 2000e-5, the EEOC investigated Ms. Padilla's charge and found reason to believe that violations of Title VII had occurred. The EEOC attempted unsuccessfully to conciliate the charge of discrimination through voluntary resolution and subsequently referred the matter to the Department of Justice.
9. All conditions precedent to the filing of this suit have been performed or have occurred.
WHEREFORE, the Plaintiff prays that the Court grant the following relief:
z Enjoin the Defendant from failing or refusing to:
(i) provide sufficient remedial relief to make whole Desbah Padilla and other similarly situated present or former Waste Authority employees for the losses they have suffered as a result of the discrimination against them as alleged in this complaint;
(ii) develop and implement appropriate and effective policies to address and prevent racial and sexual harassment;
z provide training as to what acts may constitute racial and sexual harassment to all supervisory and non-supervisory employees and to Waste Authority Board members; and
(iv) take other appropriate nondiscriminatory measures to overcome the effects of the discrimination.
z Enjoin the Defendant from engaging in sexual or racial harassment.
(c) Award compensatory damages to Desbah Padilla and similarly situated individuals as would fully compensate them for injuries caused by the Defendant's discriminatory conduct, pursuant to and within the statutory limitations of § 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

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US v NW New Mexico Regional Solid Waste Authority

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(d) Award such additional relief as justice may require, together with Plaintiff's costs and disbursements in this action.
JURY DEMAND
The United States hereby demands a trial by jury of all issues so triable pursuant to Rule 38 of the Federal Rules of Civil Procedure and § 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
JOHN ASHCROFT Attorney General
By:
DAVID C. IGLESIAS United States Attorney
RAYMOND HAMILTON Assistant U.S. Attorney U.S. Attorney's Office P.O. Box 607 Albuquerque, NM 87103 (505)224-1449 RALPH F. BOYD, JR. Assistant Attorney General Civil Rights Division
William B. Fenton Deputy Chief CLAIRE L. GREGORY DAWN HENRY TAMARA R. ALEXANDER Attorneys Department of Justice Civil Rights Division P.O. Box 65968 Washington, D.C. 20035-5968 (202)514-7013

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8/14/2007

 
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ALBUQUERQUF ',-'.', qEXICO

n UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

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J 2003

ALBUQUERQUE DIVISION

UNITED STATES OF AMERICA,

)

)

Plaintiff,

)

)

v.

)

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)

)

NORTHWEST NEW,MEXICO REGIONAL SOLID

)

WASTE AUTHORITY,

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Defendant.

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--------------------------------------~)

CASE NO. 02-316 RLP/WWD Jury

CONSENT DECREE BETWEEN THE UNITED STATES OF AMERICA
AND
THE NORTHWEST NEW MEXICO REGIONAL SOLID WASTE AUTHORITY
This action was brought by the United States against the Northwest New Mexico Regional Solid Waste Authority ("the Authority") to enforce the provisions of Title VIr of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et 2£Q., as amended ("Title VII"), following receipt by the United States from the
Equal Employment Opportunity Commission ("EEOC") of charges of
employment discrimination filed by Ms. Desbah Padilla (EEOC charge nos. 390-98-0871, 390-99-0299). This Court has jurisdiction over this action under 42 U.S.C. § 2000e-5(f) and 28 U.S.C. §§ 1331, 1345.

In its complaint, the United States alleges that the Authority has discriminated against Desbah Padilla, a female employee, and similarly situated present or former employees of the Authority, on the basis of their race and/or sex in violation of Section 703(a) of Title VIr of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2(a) I among other ways, by:
a. subjecting them to racial and/or sexual harassment durjng their employment with the Authority which created an intimidating, hostile or offensive work environment and which adversely affected the terms, conditions and privileges of their employment; and
b. failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment.
The United States' complaint further alleges that the Authority has discriminated against Ms. Padilla and other similarly situated female former employees of the Authority on the basis of their race and/or sex in violation of § 703(a) of Title VII of the civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2(a), by creating and maintaining a work environment that was so racially and/or sexually hostile that they were forced to resign from their positions at the Authority.
The Authority denies that it has discriminated against Ms. Padilla or other present or former employees in violation of
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Title VII. The United States and the Authority, desiring that this action be settled without the burden of protracted litigation, agree to the jurisdiction of this Court over the parties, and the subject matter of this action. The parties also hereby waive hearings and findings of fact and conclusions of law, and further agree to the entry of this Consent Decree as final and binding between them with regard to the issues raised in the compla~nt filed by the United States in this case.
This Consent Decree, being entered with the consent of the United States and the Authority, shall in no way constitute an adjudication or finding on the merits of the case, nor be construed as an admission by the Authority or a finding of any wrongdoing or violation of any applicable federal law or regulation, which are expressly denied by the Authority.
It is therefore ORDERED, ADJUDGED AND DECREED as follows: DEFINITIONS
"Board" or "board members" shall mean the chair and other members of the Authority governing board.
"Effective Date of this Consent Decree" shall be the date on which the Court approves and signs this Consent Decree and enters it as an order of the Court.
"Employee' shall mean, unless otherwise specified, all full and part-time employees, supervisors, contractors and the Executive Director of the Authority.
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GENERAL INJUNCTIVE RELIEF 1. The Authority, by and through its officials, agents, employees and all persons in active concert or participation with the Authority in the performance of employment or personnel functions, shall not engage in any act or practice that has the purpose or effect of unlawfully discriminating against any employee because of that employee's sex or race. 2. The Authority shall not retaliate against or in any way
,
adversely affect the terms and conditions of employment of any person because that person opposes or has opposed alleged discriminatory employment policies or practices of the Authority or because that person has filed a charge with the EEOC or the New Mexico Human Rights Commission, or "testified, assisted, cooperated in or participated in any manner in an investigation, proceeding or hearing under Title VII, including the investigation and litigation of this case, and the development and enforcement of this Consent Decree.
3. In the event that the Authority is contacted by any employer for an employment reference regarding former Authority Executive Director Henry Wilson, the Authority shall state the following and only the following: (a) the fact and dates of Mr. Wilson's employment i (b) a description of his job duties i (c) the fact that at the time of Mr. Wilson's departure there was a pending Department of Justice investigation into allegations that
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he racially and sexually harassed female employees of the Authority; and (d) that the matter was settled following suit by the United States Justice Department, with no admission of liability on the part of the Authority.
SPECIFIC RELIEF 4. The Authority shall offer the following relief to the following individuals: Desbah Padilla:
,
(a) Monetary relief in the amount of $50,000. (i)" Ms. Padilla shall be credited with the date she was first employed with the Authority in 1995, and the date she was first employed in the position of executive assistant with the Authority in 1996, for the following purposes for which employment seniority and job seniority may be used: including, but not limited to, salary, promotions, reductions in force, and shift assignments, without any deduction for the time period she was not working for the Authority. (ii) Ms. Padilla will receive an additional 40 hours of sick leave as of the effective date of this Consent Decree. In addition, Ms. Padilla will be credited with her initial date of employment in 1995 in the accumulation of all vacation and sick
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leave as of the effective date of this decree. Sandra Coats:
(a) Monetary relief in the amount of $48,000. (b) In the event that Ms. Coats re-applies for a position
with the Authority, the Authority shall not retaliate against Ms. Coats in any way regarding her application for employment. Ms. Coats will be given fair and equitable consideration for the position(s) compared to
1
any and all other applicants. Patricia Buck:
(a) Monetary relief in the amount of $20,000. Rita Charley:
(a) Monetary relief in the amount' of $30, 000. 5. In order to accept the relief to be offered by the Authority under this Consent Decree, Ms. Padilla, Ms. Coats, Ms. Charley and Ms. Buck must execute a Release in the form set forth in Exhibit 1. 6. Within fourteen (14) days after the effective date of this Consent Decree, the Authority shall notify Ms. Padilla, Ms. Buck, Ms. Charley and Ms. Coats of its terms by mailing to each of them, by certified mail, return receipt requested, a copy of the letter in the form set forth in Exhibit 2. The letter shall advise each woman individually that in order to accept the relief offered to her, she must return the Exhibit 1 release form to the
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Authority within thirty (30) days of her receipt of the letter unless good cause, as determined exclusively by the United States, exists for her failure to do so. A copy of the applicable release form and of this Consent Decree shall be enclosed with the letter.
7. The Authority shall pay the full amount of the monetary awards specified for each individual within fifteen (15) business days of its receipt of the executed release form from that individual.
8. The Authority shall furnish Ms. Padilla, Ms. Buck, Ms. Charley and Ms. Coats with the appropriate IRS forms to reflect the monetary amounts paid to each individual.
9. The Authority shall notify the'United States as soon as payment to each individual has been made. The Authority shall promptly forward a copy of the canceled check or other appropriate documentation indicating that payment has been received.
ANTI-DISCRIMINATION AND COMPLAINT INVESTIGATION POLICIES 10. The Authority shall continue to implement the sexual and racial harassment and anti-retaliation policy ("antidiscrimination policy") attached as Exhibit 3, the sexual and racial harassment and retaliation complaint investigation procedures ("investigation procedures") attached as Exhibit 4, and the implementation of the anti-discrimination policy and
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investigation procedures ("implementation plan") attached as Exhibit 5, all adopted by the Board on or about May 30, 2002, for the life of this consent decree. These policies and procedures replace any pre-existing sexual and racial harassment and antiretaliation policies and procedures that have not already been rescinded.
Any and all anti-discrimination policies and procedures of the Authority dealing with matters other than sexual harassment, racial harassment or retaliation shall remain in full force and effect. However, to the extent that any Authority policy is inconsistent with the terms of this Consent Decree, and its attachments, the terms of the Consent Decree and its attachments shall prevail. At present, the Authority has designated Joseph R. Murietta, Executive Director, as the individual responsible for investigating complaints of sexual and/or racial harassment and/or retaliation (IIEEO Officer") .
POSTING REQUIREMENTS 11. The Authority shall post a copy of the notice of settlement attached as Exhibit 6, as well as the antidiscrimination policy and the investigation procedures in visible locations, commonly used for posting notices.
REPORTING AND RECORD KEEPING REQUIREMENTS 12. The Authority shall retain the following records during the life of this Consent Decree:
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(a) all documents relating to internal or external complaints of sexual or racial harassment or retaliation, including all documents and materials relating to the following: (i) the initial complaint; (ii) the Authority's response; (iii) the Authority's investigation of the complaint; (iv) the resolution of the complaint by the Authority and/or any outside agency; and (v) any other information contained in the Central Registry. (See the investigation procedures contained in Exhibit 4.)/
(b) records of the trainings conducted, as provided for in this Consent Decree, including: (i) dates of all trainings and video replays; (ii) attendance lists for all trainings and video replays; (iii) the names of all employees and Board Members who failed to attend scheduled trainings or video replays, and the plans for ensuring that those individuals receive the required training, including the date therefor; (iv) all training materials; and
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(v) videotapes of all training sessions. (c) documentation showing that the investigation procedures were implemented and the anti-discrimination policy has been implemented and distributed to employees. 13. For purposes of this Consent Decree, the Authority shall provide the above information and materials to the United States twice a year for the first two years and once a year for one additional year. The reporting periods shall run from
,
January 1 through June 30, and from July 1 through December 31 of each year, with the exception that the first reporting period shall begin as of the effective date of this Consent Decree and end on June 30, 2003 and the final reporting period shall run from January I, 2005 until 60 days prio~ to the expiration of this Consent Decree. Within 30 days after the close of each reporting period, the Authority shall provide to the United States copies of the materials required to be retained pursuant to the requirements of this Consent Decree. In the event that the Authority has nothing to report relevant to these requirements, during a reporting period, it will provide the United States with written notice to that effect.
14. The United States shall have the right to inspect and copy at its cost any documents including those referenced in the reports specified in this Consent Decree, that are relevant and necessary to monitor the Authority's compliance with this Consent
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Decree, upon 30 days notice to the Authority, without further order of this Court.
ENFORCEMENT AND DISPUTE RESOLUTION 15. If a dispute arises concerning compliance by the Authority with any provision of this Consent Decree or if both parties deem it advisable for any other reason, the parties shall engage in good faith efforts to resolve the issue before seeking action by the Court. If the parties are unable expeditiously to resolve the issue, any party may move the Court for resolution, provided that notice is first provided to the other party. 16. With respect to the obligations of the United States to monitor and to enforce compliance with this Consent Decree, the United States may, without further order of the Court, conduct all necessary investigations, including interviews of present and former Authority employees and Board members. The Authority agrees to cooperate in any investigation by the United States, and the United States agrees to inform the Authority of the results of that investigation on an ongoing basis. 17. Failure by the Department of Justice to enforce this entire Consent Decree or any provision thereof shall not be construed as a waiver of its right to do so.
NOTICE 18. All documents required to be delivered under this Consent Decree to the United States shall be sent to the
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attention of, if by U.S. Mail:
Claire L. Gregory Dawn Henry U.S. Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue, NW Washington, D.C. 20530j
or, if by overnight delivery service:
Claire L. Gregory Dawn Henry U.S. Department of Justice Civil Rights Division 'Employment Litigation Section 601 D Street, NW, Room 4918 'Washington, D.C. 20004.
19. All documents required to be delivered under this
Consent Decree to the Authority shall be sent to the attention
of:
Mr. Luis G. Stelzner, Esq. Sheehan, Sheehan & Stelzner P.O. Box 271 Albuquerque, New Mexico 87103
Mr. George Kozeliski George W.Kozeliski, Attorney at Law P.O. Box 478 Gallup, NM 87305-0478
PARTIES' OBLIGATION TO DEFEND CONSENT DECREE
20. In the event this Consent Decree is challenged, the
Authority agrees not to contest or join anyone in contesting its
lawfulness. If any such collateral challenge arises in State
court, the Authority shall promptly seek to remove such action to
this Court.
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ATTORNEY'S FEES AND RELATED COSTS 21. The parties should bear their own costs in this action, including attorney's fees, except that the parties shall retain the right to seek costs for any matter which, in the future, may arise from this Decree and require resolution by the Court.
RETENTION OF JURISDICTION 22. The Court shall retain jurisdiction over this Consent Decree for the purpose of resolving any disputes or entering any orders that may be necessary to implement the relief provided in the Consent Decree until its expiration, pursuant to paragraph 23 below. The Court's jurisdiction over this Consent Decree shall automatically terminate upon the termination of the Consent Decree pursuant to paragraph 23 unless there are any matters relating to the Consent Decree pending before the Court at that time. In such a case, the Court's jurisdiction shall terminate after the final resolution of these matters. 23. This Decree shall become effective as of the date it is approved and entered by the Court. This Decree shall terminate three years from its effective date. Prior to its termination, any party may, upon notice to the other party and for good cause shown, move the court for an extension of the Consent Decree's term.
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~ ~~ IT is so ORDERED, this

day of

, 2003.

.

~

RICHa!\RD L. PUGLISI
RICHARD L. PUGLISI UNITED STATES MAGISTRATE JUDGE DISTRICT OF NEW MEXICO

AGREED AND CONSENTED TO:

For the Plaintiff, United States of America
,
Ralph F. Boyd, Jr. Assistant Attorney General
BY: _ _..-S~==:::»
Claire L. Gregory (NH Bar 4063) Dawn Henry Employment Litigation Section Civil Rights Division
u.s. Department of Justice
950 Pennsylvania Avenue, NW Washington, D.C. 20530 (202) 307-5769

For the Defendant Northwest New Mexico
Regional Solid Waste Authority
~~-- --
Mr. Luis G. Stelzner, Esq. Sheehan, Sheehan & Stelzner P.O. Box 271 Albuquerque, New Mexico 87103 (505)'247-0411

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EXHIBIT 1

RELEASE OF ALL CLAIMS

For and in consideration of the acceptance of all or any

part of the relief offered to me by the Northwest New Mexico

Regional Solid Waste Authority (Defendant) , pursuant to the

provisions of the consent decree entered by the Honorable Richard

L. Puglisi, United States Magistrate Judge, on

in

United States v. Northwest New Mexico Regional Solid Waste

Authority, Civil Action 02-316 RLP/WWD(D. N.M.), I,

release and discharge the Defendant, and all current, former and

future agents, employees, Board members, officials, designees,

attorneys, insurers and predecessors and successors in interest

from all legal and equitable claims, including, but not limited

to any action in tort, contract, strict liability, or otherwise,

including any claims for punitive damages, arising out of the

Complaint filed in that case and EEOC charge nos. 390-98-0871 and

390-99-0299, which accrued prior to the date of this release. .1

further agree that I will not institute a civil action or seek to

intervene against the Defendant in any pending civil action

alleging employment discrimination on the basis of EEOC charge

nos. 390-98-0871 and 390-99-0299, the Complaint in Civil Action

02-316 RLP/WWD, or any of the facts alleged or which could have

been alleged in EEOC charge nos. 390-98-0871 and 390-99-0299 or

that Complaint, including allegations of sexual and racial

harassment, constructive discharge and retaliation.

I understand that the relief to be given to me, including the payment to me of any monetary amount, does not constitute an admission by the Defendant of the validity of any claim raised by me or on my behalf.

This release constitutes the entire agreement between the Defendant and myself, without exception or exclusion.

I acknowledge that a copy of the Consent Decree in this action has been made available to me and that I have reviewed that document.

To the extent that federal law does not apply, this Release shall be governed by the laws of the State of New Mexico, rather than by the laws of any other jurisdiction.

I HAVE READ THIS RELEASE AND UNDERSTAND THE CONTENTS THEREOF AND I EXECUTE THIS RELEASE OF MY OWN FREE ACT AND DEED.

Signed this

day of

(Name] Social Security No.
Subscribed and sworn to before me this
day of

Notary Public My commission expires:

EXHIBIT 2

VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED
[insert name and address of Ms. Desbah Padilla, Ms. Rita Charley, Ms. Sandra Coats or Ms. Patricia Buck as applicable]
Re: United States of America v. Northwest New Mexico Regional Solid Waste Authority, Civ. Act. No. 02-316 RLP /WWD (D. N. M. )

Dear Ms. -----

The United States and the Northwest New Mexico Solid Waste

Authority ("Defendant") have entered into a Consent Decree

settling the case of United States v. Northwest New Mexico

Regional Solid Waste Authority, Civil Action No. 02-316

RLP/WWD(D. N.M.). A copy of the Consent Decree which was

approved and entered by the court on

is enclosed.

Pursuant to the Consent Decree, the Defendant is offering

you a monetary amount of $

[add for Desbah Padilla

"and other relief as specified in the Consent Decree, II] in full

resolution of this matter. You should be aware that all or a

portion of the monetary amount may be subject to federal, state

or local income tax, for which you would be responsible.

In order to accept the Defendant's offer, you must execute the enclosed release and return it to the Defendant within 30 days of your receipt of this letter. You may return the release by mail or in person to:

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Mr. Luis G. Stelzner, Esq.
Sheehan, Sheehan & Stelzner P.O. Box 271 Albuquerque, New Mexico 87103

The Defendant will pay the sum of $

to you, as soon

as possible and within fifteen (15) business days of receipt of

your executed release.

If you accept the relief being offered you by the Defendant pursuant to the Consent Decree, and signify your acceptance by executing the enclosed release, you will thereby agree not to intervene against the Defendant in Civil No. 02-316 RLP/WWD or any pending civil action alleging employment discrimination on the basis of BEOC charge nos. 390-98-0871 or 390-99-0299 or yourself to file suit on either of those charges.

If you decline the relief offered by the Defendant, the Defendant will nevertheless have satisfied its obligation to the United States pursuant to the Consent Decree and the United
States will not seek additional relief on your behalf.

If you have any questions concerning the agreement or the Defendant's offer to you, you may contact one of the following attorneys at the U.S. Department of Justice:

Claire L. Gregory Dawn Henry Employment Litigation Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, D.C. 20530 (202) 307-5769

Sincerely,

Enclosures

Luis G. Stelzner, Esq.

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NORTHWEST NEW MEXICO REGIONAL·SOLID WASTE AUTHORl1Y
POLICY AGAINST SEXUAL AND RACIAL HARASSMENT AND RETALIATION

PURPOSE;
This policy provides procedures for the reporting and investigation of sexual harassmen~ racial harassment and retaliation claims.

SmwARY OF POLICY;

Sexual and racial harassment and retaliation in the workplace are illegal and shall not be tolerated. The Northwest New Mexico Resi9nal Solid Waster Authority ("Authority") is committed to the vigorous enforcement ofaDtl-discrimination laws and this policy and has adopted a zero tolerance poBey for sexual and racial harassment and retaliation. This policy will be emorced by taking appropriate disciplinary action, up to and including termination, against any individual who engages in sexual or racial harassment or
retaliation and against supervisors who were or should have been aware ofthe harassment or retaliation and did not report or respond to it.

All individuals are strongly encouraged to promptly feport any conduct which they believe may constitute sexual or racial harassment or retaliation.
Employees have a right to report sexual and racial harassment and retaliation to any supervisor, Board member or the BEO Officer and to have their allegations investigated and promptly resolved.

This policy applies to all employees including probationary employees, to all applicants for employment and to Authority Board Members.

EEO OFFICER; The EEO Officer is:
[name, address and phone]
DEFINITIONS;

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Complainant: A person making an oral or written report of sexual or racial harassment or retaliation to the EEO Offi~ or any supervisor.

Racial Harassment: Racial harassment is a form of race discrimination. It is prohibited by federal law, state law and this policy. Unwelcome raciaI comments and derogatory or adverse treatment that is racial in nature or motivated by racial animus, and other verbal or physical conduct of a racial nature constitute racial harassment when:

, ,
(1) submission to such conduct andIor <:ommcnts is made either explicitly or implicitly a term or condition ofan individual's employment; or
(2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions aft'ecting such individual; or
(3) such conduct has the purpose or eft"ect ofinterfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment.
For purposes ofthis policy, the term racial harassment includes discrimination on the oasis ofnational origin or cthnicity.
Respondent: The individual accused ofsexual or racial harassment or retaliation in an oral or written complaint ~e to the BEO Officer or any sUpervisor or Board Member.
Retaliation: Retaliatjon is prohibited by federal law, state law and this policy. Retaliation occurs when an individual makes a report, files a formiI charge or speaks up against conduct which slhe reasonably believes to <:onstitute sexual or racial harassment, or when an employee cooperates in good faith in an investigation, proceeding or hearing ofan allegation of sexual or racial harassment, and then is treated negatively by his or her employer or another employee because of hi& or her complaint or report. .
Sexual Haras,ment; Sexual harassment is a form of sex discrimination. It is prohibited by federal law, state law and this policy. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
(1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or
(2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
(3) such conduct has the purpose or effect ofunreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working envirorunent.
EXAMPLES OF PROHIBITED CONDUCI'j
While sexual and racial harassment and retaliation encompass a wide range of conduct, some examples of conduct that may violate this policy are included in Appendix A to this
policy.
REPORTING PROCEDURES:
Employees may make oral or written complaints of sexual and racial harassment and retaliation to the Authority'S Executive Director, any Authority supervisor, or any member

ofthe Authority Board. A list of Authority Board members and how to contact theJJl is
attached to this policy u Appendix B.
Complaints against the Executive Director should be reported directly to any other supervisor or Board member and compI8ints agaiDSt the BEO Officer should be reported to any supervisor, incJucfing the Executive Director, or to a Board member.
Employees are not required to report their complaint to their immediate supervisor or to the individual they believe to be sexually or racially harassing or retaliating agaiDSt them. In no event shall any investigation ofsexual or racial harassment or retaliation be ~ conducted by any individual accused ofengaging in such conduct.
INVESTIGATION AND RESOLUTION OF COMPLAINTS:
The procedures for investigating and resolviDg complaints of sexual and racial harassment
and retaliation are contained in the Authority's Complaint Investigation Procedures \Investigation Procedures"). A copy ofthe Investigation Procedures is available to any employee from the BEO Officer.
RESPONSmILmES OF AI,I, EMPLOYEES:
All employees share responsibility for ensuring that the Authority is a workplace free of sexual harassment, racial harassment, and retaliation. Employees are subject to discipline, up to and including termination, for engaging or assisting others in conduct prohibited under this policy.
All employees should promptly report sexual and racial harassment and retaliation about which they are aware, regardless oftheir perception ofits seriousness. However, employees who make: (1) unfounded reports ofsexual or racial harassment that are determined by the EEO Officer to be-made in bad faith; or (2) false statements during an investigation that are determined by the EEO Officer to be made in bad faith, will be subject to discipline.
Although not required, employees should, ifthey feel comfortable. inform any individual whom they believe to be sexual1y or racially harassing or retaliating against them, that the harasser's conduct is unwelcome.
. ADDmONAL SupERVISORY AND BOARD MEMBER RESPONSmn..ITIES:
Acceptance and FOrwarding of ComplaintJ:
Supervisors, including the Executive Director, and Board Members must accept all written or oral report ofsexua1 or racial harassment or retaliation and must forward those reports immediately to the Executive Director, having first reduced any oral complaint to
writing. When the complaint is against the Executive Director, it shall be forwarded to the
Authority Board Chair.

· .'

All complaints are to be forwarded regardless oftho supervisor or Board Member's assessment ofthe veracity ofthe complaint, and regardless ofwhether the reporting employee is someone over whom they have direct supervisory responsibility.
Supervisors and Board Members shaJlllQ1:
a. discourage any individual from making a report ofsexual or racial
harassment or retaliation; b. refuse to accept a report ofsexual or racial harassment or retaliation ""
c. fall to forward any report to the EEO Officer,
d. , insist that any report be put in writing by the complainant.

or Prevention and Correction SClualand Badal Harallment and RetaJiation:

Supervisors must deal expeditiously and fiWly with obServations ofsexual and racial

harassment and retaliation by or against employees, whether or not there has been a written or

oral complaint. A supervisor shaIl:"-

,

(1) Take immediate corrective or disciplinary action against any individual whom they observe engaging in sexual or racial harassment or retaliation to prevent prohibited conduct from rccuning;

(2) Regu1arly inspect for and immediately remove any sexually or radically explicit, suggestive or offensive photographs, m888vnes, letters, postcards, posters or other related materials from any office area or facility;

(3) Monitor the future compliance of any individual who is found to have violated this policy. The supervisor must make his or her best efforts to ensure that the harassment or retaliation does not recur and that the complainant is not subjected to retaliation by the individual found to have violated this policy or by other employees.

THE EXECUTIVE DIRECTOR'S RESPONSmllJTlES AS EEO OFFICER:

As EEO Oflicert the Executive Director is responsible for:
(1) Answering employee questions regarding the Authorityts anti-discrimination policy and Investigation Procedures. The Executive Director shall have a copy of the anti-discrimination policy and the Investigation Procedures available for employees to review.

(2) Accepting complaints of sexual and racial harassment and retaliation and reducing

" •t
any oral complaints to writing. In DO event sbaI1 the Executive Director attempt to discourage an individual from making a complaint.
(3) Conducting an impartial investigation ofcomplaints ofalleged sexual and racial harassment and retaliation and preparing I written report and recommendation. When the Executive Director is aa::used ofengaging in sexual or racial harassment .or retaliation, alternative procedures shall be foUowed and the individual aCQlsed shall not be involved in the investigation or any decision regarding the complaint.
Ifthe Executive Director determines that the complaint is unfounded or that any
material statement made by any employee during the course ofan investigation was false, the Excaltive Director sball make a determination as to whether that complaint or statement wu made in bad faith. Ifthe Executive Director
a determines that such complaiilt or sta,tement was made in bad faith. he or she shall
make recommendation in the report about appropriate disciplinary action.
(4) Ensurfng that the training required by the Authority occurs and that all employees,
supervisors and Board Members receive the required training.
DISCIPLINE:
Any employee found to be engaged in sexual or raclaI harassment or retaliation or to otherwise be in violation ofthis policy shall be subject to disciplinary action up to and including termination. Disciplinary action is maruJatory when the Executive Director determines that the ac.c:uaed individual has engaged in sexual or racial harassment or retaliation. The nature ofthe disciplinary action shall be determined by the Executive Director. Discipline shall be based on the totality ofthe circumstances, including the severity ofthe conduct and whether the individual bas previously been disciplined for similar conduct. Disciplliwy action shaIl be taken by the Authority under this policy without regard to any system or systems ofprogressive discipline otherwise employed by the Authority.
Supervisors shall be subject to discipline, up to and including dismissal, ifthey were or should have been aware of sexual or racial harassment or retaliation and did not report and/or respond to it as required by this policy.
RIGHT TO COMPLAIN TO OUTSIDE AGENCY:
In addition to the complaint procedures set forth in this policy, any individual has a right
to file a complaint of sexual harassment, racial harassment or other employment
discrimination or retaliation with the New Mexico Human Rights Commission, Department ofLabor, 1596 Pacheco Street, P.O. Box 4218, Santa Fe, New Mexico 87502-4218 and the Equal Employment Opportunity Commission (EEOC), 505 Marquette NW, Suite 900, Albuquerque, NM 87102-2189. A complaint of discrimination or retaliation must be filed with these agencies within a certain period of time after the alleged act of discrimination occurred to be timely under the federal and state statues prohibiting employment discrimination.

NORTHWEST NEW MEXICO REGIONAL SOLID WASTE AUTHORITY
SEXUAL AND RACIAL HARASSMENT AND BETALIATION
COMPLAINT INVESTIGATION PROCEDURES
Scope of Procedures;
These procedures govern investigation and handling of complaints arising under the Authority's Sexual and Racial Harassment and Reta1iation Policy.
Definition.:
The Definitions contained in the Authority's Sexual and Racial Harassment and Retaliation Policy apply herein.
Commencement and Time Fame of the InYestigation:
The Executive Director shall begin an impartial investigation immediately upon'receipt of a complaint of sexual or racial harassment or retaliation and shall complete the investigation within 10 business day~ unless circumstances make this impossible. The reason for any delay beyond 10 days sba11 be documented in writing. The complainant and the respondent shall be apprized ofthe progress ofthe investigation and the estimated completion date ofthe investigation not less than every 10 days.
Protection of tbe Complainant:
Ifupon receipt ofa complaint involving allegations of sexual or racial harassment or retaliation. or at any time during the investigation, the Executive Director reasonably believes that immediate corrective or preventative action is required to assure the safety or well-being of the individual making the complaint, the Executive Director or Chair of the Authority Board (or his designee) when the Executive Director is accused, shall take that temporary corrective action (other than an adverse action against the complainant) pending the resolution ofthe complaint. Such action, when warranted, may include separating the complainant and the respondent, or temporarily removing the respondent, with no loss ofpay, from the workplace.
Conduct of the Investigation;
The complainant and the respondent shall be provided with copies ofthe complaint and copies ofthese investigation procedures. Ifthe complaint was made orally, it shall first be reduced to writing by the Executive Director.
The Executive Director shall interview the complainant, the respondent and any witnesses identified by the complainant or the respondent, or otherwise brought to the Executive Director's attention or whom the Executive Director believes may have relevant

information. Any supervisors who may have mowledse ofthe alleged conduct shall also
be intervieWed. Witnesses should not be limited only to those who diredly observed the
complained about events, and may include others with Imow1edse ofthe working
environment, the complaiDaDt or the respondent. Notes or tape recordings ofall
interviews shall be made and preserved for at least S yean.
All individuals interviewed shall be informed that the Authority does not tolerate retaliation against any individual who opposes what sIbe reasonably believes to be sexual or racial harassment, retaliation or any other disaimination or who cooperates in good faith in the investiption ofa complaint of sexual or racial barusment or retaliation.
All aspects ofthe complaint and investigation shaII be held in the strictest confidence by all parties, witnesses and the Executive Director, except to the extent reasonably necessary to resolve the complaint or implement any rem~ action or discipline imposed.
In addition, the complainant, respondent, witDesscs and Executive Director are free to
speak to any state or federal anti-discrimination agency, any anti-discriminarion group or to an attorneyregarding any alleged sexual or racial harassment or retaliation.
Review or Central Registry and Penonnd FPe:
A copy ofthe complaints ofsexual and racial harassment and retaliation, the tape recorded interviews and all other evidence, and the investigation report and final decision shall be kept in a central registry for a minimnm offive years. indexed by the name ofthe complajnant and respondent, and acceSSIble by the Executive Director, in a secured, confidential file in the Executive Director's office.
AJ a part ofthe investigation, the Executive Director shall review the central registry and
personnel file ofthe complainant and respondent, to determine whether prior complaints of sexual or racial harassment or retaliation have been made by the complainant or agaiflst the respondent, and the outcome of any prior complaints.
Report and Recommendation:
Following completion ofthe investigation, the Executive Director shall make an assessment of(a) all ofthe facts and circumstances surrounding the complaint and the working environment; (b) the credibility ofthe complainant, the respondent and any witnesses; and (c) the existence of prior complaints against the respondent and their resolution. Based on this assessment and using the definitions of sexual and racial harassment and retaliation contained in the anti-discrimination policy, the Executive
Director shall arrive at a determination about whether the sexual or racial harassment or
retaliation occurred.
No complaint shall be dismissed, or found to be unsubstantiated, solely because no witnesses other than the complainant and the respondent are available.

The Executive Director sball prepare a written report pfompdy following the ex>mpletion
ofthe investigation. Unless cimunstancca make this impossible, the report must be
completed within Sworking days after the completion ofthe investigation.
The report and recommendation must include:
(1) . A summary ofthe complaint;
(2) A summary ofthe response by the individual charged with harassment or retaliation;
(3) A summary ofthe statements and evidence obtained dwiog the investigation;
(4) A finding ofwhether a violation of~ policy occurred and an explanation supporting the finding along with a finding ofwbether any supervisor was or should have been aware ofthe violation and fiLiJed to report or respond to it;
(S) The credibility assessments ofthe complainant, the respondent and the witnesses explaining the basis for the credibility usessments;
(6) A summary ofknown prior complaints ofsemal or ncial harassment or retaliation against the respondent and their outcome; J
(7) A finding ofdiscipline against the respondent, ifappropriate, along with an explanation for the particular disciplinary action recommended. A recommendation of specific disciplinary action is mandatory when the Executive Director determines that the respondent has engaged in sexual or racial harassment or retaliation. The Executive Director may also require counseling by a supervisor, additional anti-discrimination training or other remedial action for
. employees whose conduct was inappropriate but does not rise to the level of a violation ofthis policy;
(8) A finding of discipline against a supervisor who knew or should have been aware ofthe harassment or retaliation and did not report or respond to it, if appropriate, along with an explanation for the particular disciplinary action;
(9) A decision, as to the restoration of any employment terms, conditions, or opportunities the complainant might have lost as a result of sexual or racial harassment or retaliation;
(10) An appendix containing the complaint, statement of the complainant and the respondent, witness statements, and other evidence obtained during the investigation.
Final Resolution of Complaint;

The Executive Director shall make the final determination as to the discipline, ifany. to be
imposed. Disciplinary action is mandatory when the Executive Director determines that
the respondent bas engaged in sexual or racial harassment or retaliation. Supervisory counseling, additional anti-discrimiDation training or other remedi.1 action shall be ordered for employees whose conduct is inappropriate but does not rise to the level ofa violation of this policy.
Once the Executive Director has made his or her determination regarding what action to take:
(1) the complainant and respondent shall be informed oCthe results ofthe investigation and any disciplinary action to be taken;
(2) any supervisor 8ga;nst whom discipJ!nary action is to be taken shall be informed of the results ofthe investigation;
(3) a copy of the report and recommendation., including the appendix, shall be placed in the Central Registry. and the results ofthe investigation shall be placed in the complainant's and respondent's personnel files;
(4) the Executive Director shall insure that any disclpliIwy action that he or she imposes is fully implemented.
Alternative Procedures when the EXecutive Director iJ Accused;
In the event a complaint ofsexual or racial harassment or retaliation is made against the Executive Director, these same investigative procedures shall apply. except that the investigation and determination regarding discipline shall be conducted by the Chair ofthe Authority Board, or his or her designee.
RiEhts or the Complainant;
The procedures under this policy do not preempt or supercede any legal procedures or remedies otherwise available to a victim of sexual harassment, racial harassment or retaliation under state or federal laws.

., .

Appendix A

CONDUCT THAT MAY VIOLATE THE ANTJ-DISCRIMINAnON POLICY

Prohibited Conduct
The following examples are p~ovided to assist employees in understanding the conduct that ~y
violate this policy. The lists ofeXamples are not exhaustive and other conduct may violate this
policy. Employees shall report any behavior that they find racially or sexually offensive, retaliatory or inappropriate, regardless ofwhether it appears on any ofthese lists. An individual may be a victim of s~ or racial harassment even ifslhe is not directly harassed, ifs/he is adversely affected by conduct:

L . Examples of Conduct that May Constitute Sexual Harassment

Sexual Harassment can be physical and/or psychological in nature. An aggregation of a series of incidents can constitute sexual harassment even if one of f.9,e incidents considered on its own would not be harassing.

Sexual Harassment can involve males or females being harassed by members of either sex.. Although sexual harassment may involve a harasser in a position of greater authority than the . victim, individuals in positions oflesser or eq~ authority also can be found responsible for engaging in prohibited harassment.

Physical Actions:
"
(Some of the conduct listed below may also be criminal in nature, and should be reported to the appropriate law enforcement agency.)

•

Rape, sexual molestation., or attempts to commit these assaults;

Intentional physical contact such as unwelcome touching, hugging, kissing, pinching, patting, grabbing, poking or brushing against another employees' body, hair or clothing;

Engaging in sexually suggestive physical contact or touching another employee in a way that is unwelcome;

Intentionally standing close or brushing up against a person;

Engaging in indecent exposure;

Verbal or Written Expressions Such As:
(Verbal or written expressions can be made in person, by' telephone, bye-mail or in another form ~fwriting.)

Propositions ofa sexual nature;

Sexual comments, remarks, jokes, stories or sugges?0ns;
Names or labels such as "honey," "sweetie," "doll~" "babe," "baby," "boy" or "girl";

•

Sexually suggestive comments regarding an individual's body or physical

cbara}:teristics; "

•

Cemments abeut a person's sexuality, sexual exPerience, sexual behavior .or

sexual preference;

Turning werk discussiens te sexu.Bl tepics; /

•

Repeatedly asking a person who is not interested for a date;

Actions Such As:

Excessive and unwanted attention based on sex, such as love letters, memoranda, netes, teleph.one calls .or gifts;"

•

T.ouching o~ rubb~g oneself sexually in the presence of another person;

Sexually oriented gestures;

Leering at someene/looking a person up and down;

Reading, displaying, transmitting or .otherwise publicizing materials in the workplace that are in any way sexually revealing, sexually suggestive, pornographic .or sexually .oriented. .

Using the Authority's equipment or facilities to display, publicize or t:ransmit these materials.

-2-

• ••• • , " - ~....

, ••• -'.

• .......,.. •

...I ~".'''' -.-

.- - ....... - .. ... ......-........

Favorable or Unfavorable Treatment Such As:

Preferential treatment or promises ofpreferential treatment to any employee for submitting to sexual conduct, including soliciting or attemp~g to 'solicit any
employee to engage in sexual activity for compensation or rewarcL

Promising directly or indirectly, an employee a re~d, ifthe employee complies with a s~~y ori~ted request.

.

.

•

Taking or threatening directly or indirectly to take an adverse employment action

against an employee ifthe employee refuses to comply with a sexually oriented

request

II. Examples ofConduct that may Constitute Racial Harassmen-q(including conduct on the basis of ~atioDal origin or ethnicity)

Racial Harassment can involve individuals being harassed either by members of the same or another racial or ethnic group. Although racial harassment may involve a harasser in a position of greater authority than the victim, individuals in positions of lesser or equal authority also can be found responsible for engaging in prohibited harassment.

rhysic:lI Actions:

Physically grabbing, bitting, tripping or touching someone in an unwelcome manner because ofthat person's race (this conduct may also be criminal in nature, and should be reported to the appropriate law enforcement agency).

Verbal or Written Expressions Such as:

(Verbal or written expressions can be made inperso~ by telephone, bye-mail or in another form ofwriting.)

•

Use of racial slurs;

Racial comments, remarks, jokes, stories or suggestions;

Derogatory comments about a person's racial ancestry or the racial ancestry ofms
the family members, of other members of person's racial group, or of those "With

whom he 'or she chooses to associate;

.1 .

Race-specific, derogatory comments about a person's skin color, hair texture, facial features or other physical characteristics;

-3-

•

Obscene, lewd or sexually explicit comments, jokes or suggestions concerning or

focusing on the sexuality or supposed sexual characteristics of a particular racial

group;

Actions Such As:

•

Displaying signs or posters or distributing pamphlets or other pnnted materiais on

Department property if those materials declare the supremacy or superiority of a

particular racial group or specify that any race is inferior to any other,

';.

m. Examples of Other Conduct that may <;onstitUte Sexual or Racial Harassment

(To constitute sexual or racial harassment, harassing conduct and actions need not be

overtly sexual or racial in nature.)"

'

,

•

Name"Calling or derogatory comments, whether or not explicitly ~ex:ual or racial,

about an employee based on his or her sex or race;

Derogatory comments about an employee based on stereotypes or assumptions
about that employee's sex or race, including derogatory comments about the
capabilities of members of a particular sex ruch as "women don't belong in this kind of work," or ''women aren't strong enough to do this job" or ''women are too emotional"; or commcmts suggesting that people ofa particular race or ethnic group are "lazy" or "stupid" or "drunks."

Displaying or making signs, pictures, cartoons, caricatures, calendars, postcards, graffiti, objects, banners, bumper stickers, buttons, promotional materials, reading , materials, or other materials that are demeaning, hostile or derogatory toward persons based on their gender' or race;

Transmitting any such materials;

Using the Authority's equipment or facilities to display or transmit these materials.

Reading or otherwise publicizing in the work environment materials that are in any way sexually or racially demeaning pr derogatory;

Displaying signs or other materials purporting to exclude any individual by sex or
race, except in the case of restroom gender designations and gender designations on other semi-private locker/changing rooms;

-4-

" • .' ... .;..

.
to'... ,

~ •

••

'''':' • .: .. ' " ' . " • ,I ','

" . ~ .;

.

.

or Following, hovering around or leering at another person because of their sex

race;

•

Intentionally blocking a person's path or otherwise interfering with their free

movement throughout the facility, because of their sex or race;

•

Stating or suggesting that a person must or should perform certain assignments

because of that person's sex or race or sexual or racial characteristic~;

';.

Preventing an employee from doing ajob, failing to provide assistance in doing a

job, or taking any action to make ajob more difficult for an employee because of·

that person's sex or··race;

.

Sabotaging, destroying or interfering with an employee's work because oftha! employee's sex or race or the sex or race of a person with whom ·th~ employee
.. associates;

•

Hiding, destroying or otherwise tampering with an employee's work equipment

because of that employee's se~ or race or the sex or race of a person with whom

the employee associates;

.

Making faLse reports about an employee's work performance because of that

employee's sex or race or the sex or race of a person with whom the employee

associates;

.

Refusing to work with, assist or follow orders of another employee b~cause of that employee's sex or race or the sex or race of a person with whom the employee associates;

Stranding, abandoning or refusing to provide backup to a fellow employee onthe
job because of that employee's sex or race or the sex or race of a person with
whom the employee associ~es;

Subjecting an employee to tmfavorable performance evaluations, threats of
termination, denial of promotion or other benefits because of that employee's sex
to or race or unwillingness accept sexually or racially hostile behavior or
comments.

Denying, directly or indirectly, an employee an employment-related opportunity, because of that employee's sex or race or unwillingness to tolerate sexually or
racially hostile behavior or comments.

-5-

•••.

.I .... : •.••• ' .

Continuing any sexually or racially harassing be~vior after an employee has objected;

•

Continumg any behavior which has been determined to bqs,exually or racially

. harassing by a supervisor or ~e EEO Officer.

IV. Examples of'Conductthat May Constitute Retaliation

•

Ignoring, shunning, isolating or refusing to work with or assist another individUal

because that individual has complained about sexual or racial harassment or prior

retaliation;

Giving an individual inferior or less desiIable working assignments or conditions because that individual has complained about sexual or racial harassment or prior
retaliation;

•

Name calling, ,derogatory statements, or tbreateningphysical gestures or condUct

towards another individual because that individual has complained about sexual

or racial harassment or prior retaliation;

•

Communication of threats either directly orindirectly to an individual because

that individual has complained about sexual or racial harassment or prior

retaliation;

-

Taking any disciplinary action or negatively evaluating an individu3J. because that
individual has complained about sexual or racial harassment or prior retaliation;
Denying an individual b~~e:fits provided to other employees because that
or individual has complained about sexual or racial harassment prior retaliation;

Any effort by supervisors or co-workers or employees to "get back" at or punish

an individual because that individual has complained about sexual or racial

harassment or prior retaliation.

.

Taking any of the actions described above because an individual has made a charge, testified, assisted or participated in any manner in an inve~gation conducted by the EEOC or the New Me~co Human Rights Commission or has
opposed any practice made unlawful by Title VII.

-6-

Appendix B NORTHWEST NEW MEXICO REGIONAL SOLID WASTE AUTHORITY
BOARD OF DIRECTORS

Pat Butler, Chairman Councilman ~ City of Gallup P. O. Box 1270 Gallup, New Mexico 87305
(505) 722-6661 (office)

,Ron Ortiz, Vice-Chairman Mayor - City ofGrants 110 Y: Geis Street Grants, New Mexico 87020 (505) 287-2157 (office)

Charley Chavez, Sec./freas. Councilman - City of Gallup P. O. Box 1270 Gallup, New Mexico 87305 (505) 863-5152 (office)

Harry Mendoza, Member Cornm.jssioner - McKinley County
P. O. Box 70
Gallup, New Mexico 87305 (505) 722-3868 (office)

Warren Mathers, Member
Village of Milan P. O. Box 2727
Milan, New Mexico 87021 (505) 287-2120 (borne)

Fred Scott, Member Commissioner - Cibola County
P. O. Box 231 Laguna, New Mexico 87026
(505) 552-7133 (home)

Richard Bowman, Member County Assessor - McKinley County
P. O. Box 70
Gallup. New Mexico 87305 (505) 722-3868 (office)

;

IMPLEMENTATION OF ANTI-DISClUMINATlON POUCY AND INVESTIGATION PROCEDURES

Antl.dlscrimlnation InlnlD.IDd Complalpt IpyestilatioP Policies

1. Prior to the implementation of the anti-discrimination policy and the Investigation

Procedures, the Authority shall designate an individual responsible for investigating complaints of .
sexual and racial harassment and retaliation ("BEO Ofticer"). The Executive Director may serve
as the BEO Officer. The duties and responsibilities ofthe EEO Officer shall be as set forth in the·

anti-discrimination popcy and the Investigation Procedures. 2. <a) The Authority shall ensure that a copy ofthe anti-discrimination pollcy is

;,',

.: .

distnouted to all ofits current employees and Board Members upon its implementation.

(b) Within five days ofreceipt of the ann-discrimination policy, each ~ployee

shaIl sign an acknowledgment that sIhe has read and understOod the policy, and this acknowledgment shall be placed in each employee's personnel tile.

, '

,.;'

3. The individual respollSlble for handling Authority personnel matters and the

Executive Director shall have a copy ofthe anti-discrim;nation policy and the Investigation

Procedures available for employee inspection.

. ....

4. The Authority shall incorporate the anti-discrimination policy and Investigation

~: .

Procedures into its policy mannal at the next regular printing ofthat mannal.

S. <a> The Authority shall ensure that each new employee receives a copy of the

anti-discrimination policy at the time ofthe new employee's hire.

(b) Within five days ofreceipt, each new employee shall sign an

acknowledgment

that ,

s/he

has

read

and

understood

the

anti-discrimination

policy,

and

this

acknowledgment shall be placed in each employee's personnel file.

WA-000337

AUTH.02071

• I

an 6. The Authority shall disseminate the Investigation Procedures to supervisors, the
Executive Director and all Board Members upon its implementation and to all new supervisorS

and Board Members upon their appointment. The Authority is not required to disseminate the

Investigation Procedures to other employees. However, at the time ofany complaint of sexua}.or,

racial harassment or retaliation, a copy ofthe Investigation Procedures shall be provided to the ' "

individual who makes the complaint and the individual against whom the complaint is brought.

Copies ofthe Investigation Procedures shall also be available from the EED Officer upon the request ofany employee.

Posting Requirement!

c,

7.

(a) Upon its implementation the Authority shall post a copy ofthe anti- '

. -::~: ..

,.".

di~tion policy and the Investigation Procedures in all buildings, fkcilities, districts, sub-

districts and administrative offices ofthe Authority in visible locations, commonly used for

posting notices. ~<.! (b)

The Authority shall obtain fr~m the EEOC and the New Mexico Human "','

Rights Commission (NMHRC) posters advising employees oftheir rights to file complaints of
discrimination with those agencies. WIthin 30 days oithe effective date ofthis decree, the
.... :,
Authority shall place these poster in the same locations used for posting copies ofthis Consent ,,'.

Decree, including the Sexual and Racial Harassment and Retaliation Policy and Investigation

Procedures.

Anti-discrimination Traininc

8. (a) Initially, the Authority shall provide a min;DlUm offour hours of mandatory

anti-sexual and racial harassment, retaliation and discrimination training on an annual basis to all,

employees and Board members. The first training shall occur within two months after the
AUTH.020n
WA-000333

i. ,
• t

adoption of the Policy and Investigation Procedures by the Board. After the first training, the

mandatory annual training shall be for a minimum oftwo hours. The training shall include: (1) a

review ofemployment discrimination laws; (2) the Authority's anti-discrimination policy; (3) the

behaviors that may constitute sexual and racial harassment and retaliation; (4) the discipline that

may be taken against employees who commit acts ofsexual or racial harassment or retaliation or

allow such acts to occur; (5) the importance oftolerance and inclusiveness in the workplace; and

(6) the procedures for filing a complaint with the Authority and with the appropriate state and

....

federal a g e n c i e s . , .

(b) 'No employee or Board member shall be exempted from this training

requirement for any reason. Any employee or Board member who is unable to attend the live .

.- '--"'~: ,.

training ,~'

. : ~. ~

shall be required to watch a video replAy within two weeks thereafter. AU employees and
,;

Board members shall be required to sign-in for the live or video training. A copy ofthe sign in

"rr

".~.•,.

sheet shall be kept in each employee's personnel file or with the Board's records, as applicable.

)"I.:t.~

-!i"~

A copy of the certification shall be retained in the employee's personnel file or with the Board's records, as applicable.
9. (a) In addition to the above training, the Authority shall ensure that all supervisors, the EEO O~cer and Board members also receive annual mandatory training by a trainer approved

in advance by the United States regarding: (1) their specific obligations under the Authority's

anti-discrimination pOlicy and this decree; (2) the Investigation Procedures; (3) how to prevent,

detect and correct sexual and racial harassment and retaliation; (4) how to encourage tolerance

WA-000339

AUTH.02073

. . .'f • • • 'j

,'.

I.

and inclusion in the workplace; and (5) Authority liability issues related to sexual and racial

harassment and retaliation claims. The training shall be a minimum oftwo hours. The first ,

training sball occur within two months ofthe adoption ofthe policy and investigation procedures

by the Board.

(b) No supervisor or Board member shall be exempted from this training requirement

for any reason. The EEO Officer is required to attend the live training. Any other supervisor or
Board member who is unable to attend the live training shall be required to watch a video replay

within two weeks thereafter. All individuals shall be required to sign-in for the live or video

training, and a copy'ofthe sign in sheet shall be kept in each supervisor's persOnnel file or with

the Board's records, as applicable. 7·(~:r~' (c) Any supervisor or Board m~ who is hired or appointed more than three

months prior to the scheduled date ofthe next annual training shall be required to watch the video
~el?~Y ofthe training within two weeks ofhis or her start date and certify that slhe has done so.
. ~
A copy ofthe certification shall be retained in the supervisor's personnel file or with the Board's

records, as applicable.

10. The initial trainings described in paragraphs 8 and 9 shall occur within two months

ofthe effective'date ofthis Consent Decree, and shall continue thereafter on an anmJal basis, for

the life ofthe decree.

Reportinl and Resordkeeping Requirements

11. The Authority shall retain the following records:

(a) records ofthe trainings conducts, as provided for in this for in this Consent

Decree, including:

(I) dates of all trainings and video replays;
W.A.-OO034 0

AUTH.02074

, " .;':
. :.; :.' , "
J. _,
'. ._' ..
.. .. . '. ~~.
.• .1.,

.. . .'
, . ~ ~ .~I ..
,....;. " ' ,.

Cd) (ill) the names ofall employees and Board Members who fiWed to
attend scheduled trainings or video replays, and the plans for

including the date therefor;

(JV) all training mataiaJs; and

(v) videotapes of all training sessions.
,
(b) the name, sex, ~ position, shift, home address and telephone J11lD1ber ofall
.' '.
employees who resigned or were terminated from the Authority, and for each such employee a

statement ofthe reasons for resignation or termination.

..$ -
, ,:,~\

.

-' ' ....

(,

(c) the names ofany Board members ~gning from or appointed to the Authority.

E:mATA\TX'IUB\734~Polic:y

, ,
.. . ,~

AUTH.02075
WA-000341

EXHIBIT 6

NOTICE

SETTLEMENT OF EMPLOYMENT DISCRIMINATION LAWSUIT

On March 20, 2002, the United States filed a lawsuit in the United States District Court for the District of New Mexico against the Northwest New Mexico Regional Solid Waste Authority ("Authority") under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et~. ("Title VII"). The lawsuit alleged that the Authority discriminated against current and former employees of the Authority on the basis of race and/or sex in violation of Title VII by:

a. subjecting them to racial and/or sexual harassment during their employment with the Authority which cre~ted an intimidating, hostile or offensive work environment and which adversely affected the terms, con~itions and privileges of their employment;

b. creating and maintaining a work environment that was so racially and/or sexually hostile that Ms. Padilla and other former employees were forced to resign from the Authority; and
c. failing or refusing to take ap" propriate action to remedy the effects of the discriminatory treatment.

The Authority expressly denies these allegations.

This notice is being posted to announce that the United States and the Authority have resolved this lawsuit by entering into a settlement agreement, called a "Consent Decree," which was approved by the Court on [date], 2002.

Under the terms of the Consent Decree, the Authority:

1. Shall not engage in any act or practice which has the purpose or effect of unlawfully discriminating against any employee in any term, condition or privilege of employment because of such individual's race or sex.

2. Shall not retaliate against or in any respect adversely
affect the terms and conditions of any person's employment, because that person opposes or has opposed allegedly discriminatory policies or practices by the Authority or because that person has filed a charge with the Equal Employment Opportunity Commission or the New Mexico Human Rights Commission, or participated in or cooperated with the initiation,

investigation, litigation or administration of this case or the Consent Decree.
3. Shall provide specific relief to certain individuals who were allegedly subjected to sex and/or race discrimination.
Copies of the Authority's anti-discrimination policy and investigation procedures are available for taking, at no charge, at the Authority's central office. Should you have any questions concerning this lawsuit, the terms of the Consent Decree, or the Authority's compliance with the Consent Decree, you may contact one of the following Department of Justice attorneys:
Claire L. Gregory Dawn Henry United States Department of Justice Civil Rights Division 'Employment Litigation Section 950 Pennsylvania Avenue, NW 'Washington, D.C. 20530 202-307-5769
Apart from the Consent Decree, on or about May 30, 2002, the Authority:
1. Designated an individual as the equal employment opportunity officer responsible for investigating complaints of sexual and racial harassment and retaliation and adopted specified procedures for investigation of these complaints. At present, Executive Director, Joseph Murietta, has been designated as the equal employment officer.
2. Adopted an anti-discrimination policy prohibiting sexual and racial harassment and retaliation and shall distribute this policy to all employees.
3. Provided, and will continue to provide, anti-sexual and racial harassment and retaliation training to all employees and Board Members on an annual basis, and shall provide additional training to supervisors, the Executive Director and Authority Board Members.
In addition to the anti-sexual and racial harassment and retaliation complaint policies and procedures adopted qn or about May 30, 2002, by the Authority, any individual has a right to file a complaint of sexual harassment, racial harassment or other employment discrimination or retaliation with the New Mexico Human Rights Commission, Department of Labor, 1596 Pacheco Street, P.O. Box 4218, Santa Fe, NM 87502-4218 and the Equal

Employment Opportunity Commission (EEOC), 505 Marquette NW, Suite 900, Albuquerque, NM 87102-2189. A complaint of discrimination or retaliation must be filed with these agencies within a certain period of time after the alleged act of discrimination occurred to be timely under the federal and state statutes prohibiting employment discrimination.

 
 MTNDDL, REFER, TERMED
U.S. District Court District of New Mexico - Version 3.0 (Albuquerque) CIVIL DOCKET FOR CASE #: 1:02-cv-00316-RLP-WDS

USA v. Northwest New Mexico, et al Assigned to: Magistrate Judge Richard L. Puglisi Referred to: Magistrate Judge W. Daniel Schneider Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 03/20/2002 Date Terminated: 05/25/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff United States of America

represented by Claire Gregory US Department of Justice Civil Rights Division 950 Pennsylvania Ave, NW Washington, DC 20530-5968 (202) 514-6341 Fax: 514-1105 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cynthia L. Weisman U.S. Attorney's Office P.O. Box 607 Albuquerque, NM 87103 505-346-7274 Fax: 505-346-7205 Email: cynthia.weisman@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

David C. Iglesias US Attorney's Office District of New Mexico PO Box 607 Albuquerque, NM 87103 (505) 346-7274 Fax: 346-6852 LEAD ATTORNEY

ATTORNEY TO BE NOTICED
Dawn Henry US Department of Justice PO Box 65968 Washington, DC 20035-5968 (202) 514-7013 Fax: 514-1005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ralph F Boyd US Department of Justice Civil Rights Division PO Box 65998 Washington, DC 20035-5998 (202) 514-4713 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Raymond Hamilton U.S. Attorney's Office POB 607 ABQ, NM 87103 505-224-1449 Fax: 505-346-7205 Email: raymond.hamilton@usdoj.gov TERMINATED: 05/08/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Tamara R. Alexander U.S. Department of Justice Civil Rights Div P.O. Box 65968 Washington, DC 20035-5968 (202) 514-7013 Email: tamara.alexander@usdoj.gov TERMINATED: 06/03/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
William B Fenton US Department of Justice

Civil Rights/Employment Litigation Secti PO Box 65968 Washington, DC 20035-5968 (202) 514-6269 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant Northwest New Mexico Regional Solid Waste Authority

represented by Luis G. Stelzner Sheehan, Sheehan & Stelzner PO Box 271 Albuquerque, NM 87103 (505) 247-0411 Fax: 842-8890 Email: lgs@ssslawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/20/2002
03/20/2002 04/23/2002 04/23/2002 04/23/2002 05/01/2002 05/01/2002 05/01/2002

#

Docket Text

1 COMPLAINT for civil rights w/jury demand (2 Summons(es) issued) (referred to Chief Magistrate William Deaton) (mlk) (Entered: 03/22/2002)

LETTER to counsel re: consent to proceed before a US Magistrate Judge (mlk) (Entered: 03/22/2002)

2 NOTICE of consent to proceed before a US Magistrate Judge by plaintiff (mlk) Modified on 04/30/2002 (Entered: 04/25/2002)

3 RETURN OF SERVICE of s/c executed upon Patrick Butler on 4/11/02 (mlk) (Entered: 04/25/2002)

4 RETURN OF SERVICE of s/c executed upon Joseph Murietta, Executive Director on 4/11/02 (mlk) (Entered: 04/25/2002)

5 ENTRY OF APPEARANCE for defendant by Luis G. Stelzner (mlk) (Entered: 05/01/2002)

6 ANSWER by defendant [1-1] (mlk) (Entered: 05/01/2002)

7 NOTICE of consent to proceed before a US Magistrate Judge by

05/01/2002 05/08/2002 05/15/2002 05/17/2002 05/29/2002
06/03/2002 06/03/2002 07/05/2002 07/22/2002 07/29/2002 07/29/2002 08/07/2002 08/09/2002

defendant (mlk) (Entered: 05/01/2002)
8 CERTIFICATE by defendant of service of entry of appearance, answer & consent to proceed before a US Magistrate Judge to counsel on 05/01/02 (mlk) (Entered: 05/01/2002)
9 SUBSTITUTION OF COUNSEL: terminating attorney Raymond Hamilton for USA and substituting attorney Cynthia Linn Weisman (dmw) (Entered: 05/08/2002)
10 MOTION by pltf for order to facilitate electronic filing (vv) (Entered: 05/15/2002)
11 ORDER by Chief Magistrate William Deaton granting pltf's motion for order to facilitate electronic filing [10-1] (cc: all counsel*) (dmw) (Entered: 05/17/2002)
12 INITIAL SCHEDULING ORDER by Chief Magistrate William Deaton Rule 16 scheduling conference set on 7/30/02 @ 3:30 pm; provisional discovery plan & IPTR due 7/22/02 (cc: all counselI*) (dmw) (Entered: 05/30/2002)
13 NOTICE OF SUBSTITUTION OF COUNSEL: terminating attorney Tamara R. Alexander for USA and substituting with Dawn Henry (*) (bap) (Entered: 06/04/2002)
13 NOTICE by USA's attorney Claire Gregory of change of address (included w/notice of substitution of counsel) (*) (bap) (Entered: 06/04/2002)
14 ORDER by Chief Magistrate William Deaton Rule 16 scheduling conference reset on 8/7/02 @ 3:30 pm (cc: all counsel*) (dmw) (Entered: 07/05/2002)
15 CERTIFICATE by plaintiff of service of initial disclosures to counsel on 07/22/02 (mlk) (Entered: 07/23/2002)
16 CERTIFICATE by pltf of service of initial disclosures to counsel on 7/22/02 (dmw) (Entered: 07/30/2002)
17 PROVISIONAL DISCOVERY PLAN by the parties (mlk) (Entered: 07/31/2002)
18 CLERK'S MINUTES: before Chief Magistrate William Deaton Rule 16 scheduling conference held (dmw) (Entered: 08/08/2002)
19 ORDER by Chief Magistrate William Deaton re initial scheduling conference Discovery cutoff 1/6/03 (cc: all counsel*) (dmw) (Entered: 08/09/2002)

08/09/2002 08/13/2002
09/13/2002
09/20/2002 10/24/2002 11/04/2002 11/13/2002 11/15/2002 11/25/2002 01/22/2003 02/05/2003 03/13/2003

20 ORDER by Chief Magistrate William Deaton setting settlement conference on 4/1/03 @ 2:00 pm (cc: all counsel*) (dmw) (Entered: 08/09/2002)
21 INITIAL PRE-TRIAL REPORT by Magistrate Judge Richard L. Puglisi and Chief Magistrate William Deaton; Discovery set for 1/6/03; mtn filing ddl set for 3/24/03; proposed pretrial order due 4/10/03; pretrial conference set for 1:30 pm on 5/14/03; jury trial set for 9:30 am on 6/16/03; Estimated # of Trial Days: 5; Chances of Settlement: remote (cc: all counsel by dds) (dmw) (Entered: 08/14/2002)
22 MINUTE ORDER: Pretrial conference set on 5/14/03 @ 1:30 pm; Jury trial set on 6/16/03 @ 9:30 am, both before Judge Puglisi in Albuquerque, NM (cc: all counsel*) (dmw) (Entered: 09/16/2002)
23 CERTIFICATE by plaintiff of service of interrogs, requset for production & admission to counsel on 09/16/02 (mlk) (Entered: 09/23/2002)
24 CERTIFICATE by defendant of service of answers to interrogs, requests for production & admissions to counsel on 10/24/02 (mlk) (Entered: 10/25/2002)
25 CERTIFICATE by defendant of service of supplemental initial disclosures to counsel on 11/04/02 (mlk) (Entered: 11/07/2002)
26 JOINT MOTION to extend discovery deadlines for four weeks (dmw) (Entered: 11/14/2002)
27 ORDER by Chief Magistrate William Deaton granting joint motion to extend discovery deadline [26-1] Discovery cutoff 2/6/03 (cc: all counsel) (dmw) (Entered: 11/15/2002)
28 STIPULATED PROTECTIVE ORDER by Chief Magistrate William Deaton (cc: all counsel) (dmw) (Entered: 11/25/2002)
29 ORDER sua sponte by Chief Magistrate William Deaton vacating the 4-17-03 settlement conference (cc: all counsel*) (jrm) (Entered: 01/22/2003)
30 CONSENT JUDGMENT by Magistrate Judge Richard L. Puglisi, as further described herein (cc: all counsel by dds) (dmw) (Entered: 02/07/2003)
31 MINUTE ORDER: Case referred from Magistrate Judge William W. Deaton to Magistrate Judge W. D. Schneider (cc: all counsel*) (dmw) (Entered: 03/13/2003)

04/25/2003
04/28/2003
05/22/2006 05/22/2006 05/22/2006
05/25/2006

32 ORDER by Magistrate Judge W. D. Schneider setting settlement conference on 5/14/03 @ 9:00 am (cc: all counsel*) (dmw) (Entered: 04/25/2003)
33 ORDER by Magistrate Judge W. D. Schneider vacating settlement conference set on 5/14/03 (cc: all counsel*) (dmw) (Entered: 04/28/2003)
34 MOTION by pltf to dismiss the case (ln) (Entered: 05/22/2006)
35 MEMORANDUM by pltf in support of motion to dismiss the case [34-1] (ln) (Entered: 05/22/2006)
36 CERTIFICATE OF SERVICE by pltf of motion and memorandum to dismiss to counsel on 05/18/06 (ln) (Entered: 05/22/2006)
37 ORDER by Magistrate Judge Richard L. Puglisi granting pltf's motion to dismiss the case [34-1] dismissing case (cc: all counsel) (dmw) (Entered: 06/01/2006)

PACER Service Center
Transaction Receipt

11/18/2007 12:43:06

PACER Login:

wu0079

Client Code: Baker

Description:

Docket Report

Search Criteria:

1:02-cv-00316-RLPWDS

Billable Pages: 3

Cost:

0.24