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IN TilE LNITED STATES DISTRICT COURT FOR THE DISTRICT 01: NI'\V MI:,\ICO 0'v1',':',.'<',~~1

EQUAL DH'LOYrvlENT OPPORTUi\ITY COi\-11'..t ISS ION.
Plaintiff.
v.
B & B fvlA:-.JACiE\1 E1\L I1'<C"
d/b/a TACO BELL,

CIV
CIV-03-0398
CO:\I 1'1..,-\11\'1'

.,
ACT RlP

D~fendant.

I\.-\TURE OF TilE ACTlOI\ This is an action under Tille VII oflhe Ci,i1 Rights Act.,r 1%-+ and Title I "rtlte Civil Rigltts Act or 1991 to corrccllinlawflil employmenl practices onthc bases (lfse" and rctaliati,)n. and to provide appropriate relicfto Janelle Lamb. JCllnifer \kAdams. Melinda Montano and a cia"
of remale employees. including at kast \:lindi (innzalt;:s. Whtl wcre ad\'(:rsci) anl:clL'd hy :-;lil..:h practices during their cmplo~~llcnt with B&B \'lanagcmcnt. Inc .. d/b/a Taco Bdl ( "Dcl\:nd;lIl1 Employer"), The Commission alleges Iltat Janelle Lamh. .icnnifer Mc:\danls. Mclinda \1.-,"I,nll' and a class of lema Ie employees, including at least \Iindi GonLales. \\ ere subjected by tlte Ciener,'[ Manager. Martin rvlulitauapcIc. to \'erbal and physical sexual harassment whieh created a hostile work environment. The Commission also alleges that Janelle I.amb and \klinda r-.lonlan,' w,'r,' suspcnded and t~nllinatcd from their employment in retaliation lor c')llIpl'lining abllut th,' harassment. Finally. the Commission alleges thai .I~llIliter ~\'IcAd"l1ls \\'a,; ,ds,' sllhj~L'tL'\1 I"
,

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rclalialion and \\'as lorce'd 10 r~sign as a rL'Still elf Ihe Del":ndanl Fmpl..,ye'!"·' failure iLl et"kc"live'lv

rcmcdy her work environment.

,JURJSIlICTlO"l ANI) VEi\I'E

I. Jurisdiction of this Court is ill\okcd pursuant to 2:'; L.S.C. ~~ -151,13_' I, 1.'37. 13-1., and 13-15. This acti,'n is authoril.ed and instituted pursuant I,' Seeli,'n IO(I( fI( II and 13 I (l1'Tilic \'11 or Ihe Civil RighlS Ael of 19(;-1. as amcnded -12 L.S.C. ~ 2Ui)Oc-) (i")( I I :llld(3 I ("Titk VII" I :lltd Section 102 of the Civil Rights Act of 1')1», -12 L.S.C. ~ Il)~ Ia.

2. The employment practices alk-gcd t" bc unlawful we're CClllllllitted within the'

jurisdiction of the United States District Court Illr the District ori\cw ;\"lcxiu.l.

PARTIES 3. Plainti rr. the Equal Employmelll Opportunity Conllllission (the' "Commissilln" I. is

an agency PI" the' L:nited States 01" America charged "'ith the administralion. illtcrpretatil1n and

cnl(lreemcnt ol"Titic VII and is expressly authelril.ed to hring this aL"lilln by Sectioll 71)(,t l"it I I and (3 I

ol"Title ViI. -12 U.s.C. ~ 2000e-5( 1)( I ) aIlli (3).

4.

At all rck'\""1I1t times. Dcll:lldant Emplo)'L'I" has l'<.1I1tiIlUOLlSI:: h('L'1l a NL'\\" \ k.x il'l)

corporation doing business in (he State 01" New I\kxico, including the City lll" Cirallts. alit! has

continuously had at Icast Ii fleen employees.

5. At all relevant times, Delendant Employer has continuously heen and is no\\' all
employer engaged in an industry "rreeting cOl11merce \\'ithin the meaning orScc"tion 7111 th), (gl and
* (h) ofTitle VII, 42 U.S.c. 20()()e-(b). (g) and (h).

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STATDIENT OF CLAI~IS

6,

1",lon.' thallthirty days prior t() tlk' institution (If this 1:\I\'Suit, .Ianelle I.:unh, .icnnili::r

McAdams. and \klinda :Vlontano libl charges \\'ith the Commi"i,ln alkging \'i,lbtiuns ufTllk

VII hy Dckndant Employer. All conditions prL'cedL'nt to thL' institntion Ill' thi, b\\'suit havc hecn

fullilled,

7,

S incL' at least JlInc 20() 1. Dcfcndant Fmp loycr has engagcd in lin bw ful L'mp loymcnt

practices at its Cirants. '<e\\' \kxico "lcility in \'iolation nfSccti,'n 7IJ~(a) ,lfTitk \,11. ..2 LI,S,C. ~~

2tH)()L'-2(a), These practices include:

a) the sexual harassmcnt of .land Ie Lamb..knnili.'r iv1cAdams. Melinda j'\'lontan(1

and a class of fcmale cmployecs. including at least iVlindi Gonzales:

b) thc failure' to correct and rcmedy thc harassment cndured hy ,1,mclk Lamh.

.IL'nnitCr McAdams. ~klinda \1olllann and a class of Icmalt: cmployccs. including:1I

least Mindi Gonzales: and

c) thc constructi\'c discharge Ill' .Icnnilcr :Vlc.'\danls as a result Ill' Lkli::lldant

ElTlploYL'r"s "lilllrL' to L'ffcctivdy rcmedy hL'r work cnvirllllmenL

8,

Since at least Novembcr 2001. Defendalll Employer has engaged in unbwful

retaliatory cmploymcnt practiccs at its Grants.l\ew \kxico I,lcility in \'iolatillllufSectillil 7(J.jta)
ofTit1c VII ...2 L.S,c. \is 2000e-3(a), These retaliatory practices include:

a) the sllspension and/or disciplinc of.lancllc Lamb and \klinda Montan,) hecausc

of their opposition to unlawful cmploymcnt practices and/or their ha\'ing libl a

charge. testified. assisted. or participated in an inVl'stigation or prl1cceding Ullde'!'

3

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Titk VII;

b) th~ discharge of Janelle Lamb and i'vlclinda rvlontanll b"cau:;c llf th"ir <)pp,,:;iti<)11

to unlawful empk)ymelll practices and!nr their having likd a dur~". (('stil;e'<\.

assisted. or participated in an inVL'stigation or proceeding under Title VII; .lIld

c) the retaliation against .lenni Ii:I' McAdams in the tenllS. conditi<)ns.•llld privilc-ge's

of h~r employment because nf her L>ppositinn t<1 unlawful "Illpluvmelll pr"dice's

and/or because sh(' tiled a charge, testili~d, assisted, <)1' p"rtieipate'd in an

invcstigation or proceeding under Title VII.

()

The efli:ct or th(' practices complained nf in paragraph s"v'en ab<)ve' has bee'n tLl

deprive Janelle Lamb. Jennili:r McAdams. rvklinda Montano and a class 01' li:nu\c L'nlplo\·ees.

including at least Ylindi Gonzales, ofequal employment l)PPl)rtuni tics "nd ot herwisl' adverscl v :tiYed

their status as employees because llf their sex.

10. The .:ffcct of the practices complained nf in paragraph eight ah<)v" has hcen tll

deprive Janelle Lamb, Jenni[~r McAdams, and Melinda l'vlontanl) or eqllal elnp\(lvmL'nl

opportunities and otherwise adversely affect their status as emp\c)yces hce"lIse L>ftheir ,-,pp<)sitioll

to unlawful employmcnt practices and/or because they [ikel a charge, !Cstilied. assisted. or

panicipal('d in an invcstigation or proceeding under Title VII.

II. Thc unlawful employ1llent practices conlplaincd of ill paragraphs S(,\'('n and eight

above were intentional.

12. The unlawful employmcnt practices complained l)f in paragraphs seven and eight

abo\'e wcr~ done with malice and/or reckless indifTerence to the li:derally protcctd rights ol'.l:lne'lIe'

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I.amb. Jennili:r \lcAdams. \1elinda Montanl) and a class of Ic:mak ~mploy~cs. inL'iudin)l at I~a,t

Mindi Gonzales.

PRAYER FOR RELIEF

Wherefore. the Commission respectfully rcqucsts that this COUrl:

A.

Grant a permancnt injunclion enjoining Dt..'!l.'lldlllll Clllp!tlYL'r, its llniccrs. SlIl'CCSSllrs,

assigns and all persons in active concert or participation with it. fnlm cn)la)lin)l in any ~mploYlllelll

practice which discriminates on the basis of sex. including sexual harassm~nl.

H. Grant a permancnt injunction cnjoining Defendanl Emplo)'er. its onicer,. SUcc~,"'r,.

assigns and all persons in active concert or participation \\ iill it. frolll engaging ill any cmpillymcni

practice which discriminates or retaliates against anv individual becaus~ of thc individual's

opposition to unlawful employment practices and/or bccause the individual Ii led a l'harge, iCSI died.

assisted, or participated in an il1\'cstigation or pJ\)c~eding under Title VII.

C'.

Order De I~ndalll Emp loyerto inst ilui e and carry out pCl Iic iC'" pract iCL's and pI'< l)lr'"11S

which provick equal employment opportunities t(lr womcn. and which eradil'al~ Ihe efkcls oj' ils

past and present unlawful emploYlllcllt practices.

D. Order Delendant Employer to make whole Janelle Lamb, ,knnikr \1c;\dalllS,

Melinda Montano and a class offemale employees, including at leasl Mindi Gonzales. by pro\'idillO!

appropriale backpay with prejudgment inlerest, in amounts to be determined al Irial. and llilier

affirmative rclicfneccssary to eradicate the effects ofi!, unlawful cmployment pracliccs, includin)l

but not limited to reinstatement ofJanellc Lamh, .lenni rer \kAuam, and 'vlclinda ;\/lonlano or li'llnt

pay in lieu ofrcinstatcment.

E.

Order Del~ndant Employer 10 make whole Janelle Lamh..knnikr Mc.\dams.

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tv1clinda Montano. and a c lass of tCmale cmpll)Yccs. including at least ;Vl indi Gl)t1Zak'S. hy prnvidin~

(ompensat ion for past and future pecuniary Il);;ses rcsul ting Ii-om the uilia \\' ful (:lIlpll'YIIICllt praLl iL'e"

described in paragraphs seven and eight abn\'e. in anwunts tl) hc' ddL'lmined at trial.

F.

Order Ddcndant Ernploycr to Illake whole Janelle Lamb. .kllllirer \\c . \d'II11".

\1dinda tvlonlano, and a class of Icmaic cmploycc;;. illcludillg at least \1 indi Gnnzalc-s. hy "r"\'id ing

COlllpCllsati(H1 Ii.x past and ruture nOIl-pcculliary losses rL'sulting. n"lll11 thL' unlawrul pr~ll'ticcs

complained of in paragraphs 7 and 8 abllve. induding but not limitcd to. emotional pain. sufkrill~.

inconvcnience, mental anguish. humiliation. loss of enjoyment (If lile. and l)ther nl)n-pecuniarv

losses. in amounts to be detcrmineu at trial.

G. Ordcr Oelcndant Employer to pay Jallelle Lamb. Jennifer ~kAdams and j\'klinda

Montano. and a c lass of ICmaic elliployees, induding at kast \'1 iIIdi Gl)lva!cs. pUlli ti \'e danlages lix

its malicious :lIld!or reckless conduct lkscribed in paragraphs 5e\'CII alld eight ah(l\'(:. ill anll)Unts t,)

be determilled at trial.

1-1, Grant such lilrther relief as the Cnurt deems necessarv and prl)"L'r in thc puhlil'

interest.
L

Award the Commission its costs ill this action,

.'CRY TRIAL DEMA:"IIDED

Thc Commission requests a jury trial on all questions of fact raised by its Cllmpiainl.

DATED this 31" day or March 2003,

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Respectfull\' suhlllilled.
(JWE"DOL Y"l YOL'JG RE.\ \IS AssocialC Gencral Counsel
EQLAL E\IP!.OYrvlF1\T OPPORTI.·i\ITY CO\·1\1ISSI01\ ISIII L Streel. '.;W Washington. D.C. ~(I~1.17

~~lcJV1 ~Mh /fcIl

C HdA1\LEL S\-IITII

7 .

Supelyisl1rv Trial Allorn~y

!CQLA!. Ei\IP!.OYrvIENT OPPORIL\IIY COWvllSSION
Phoenix District Orticc 3301.l?\. Central ihc. Suite (;9(1 Phoenix. Arizona 850 I~
'isn(, X:k.,!]b "d. ,'/]0 r -
L.ORFTTA \·IFDI'JA Senior Trial Allomcy

VERONICA ..\. \10l..lN.\ Trial Atlornc\'

EQUAL EMPLOYrvIE'JT OPPORTlJ'.iITY COMMISSIO'J
Albuquerque District Onice 50S Marquette 1\W. Suite <)(I() Albuquerque. New Mexico 87102 (505) 248-52311

Allorneys fl)), Plaintiff

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MTNDDL, REFER, TERMED
U.S. District Court District of New Mexico - Version 3.0 (Albuquerque) CIVIL DOCKET FOR CASE #: 1:03-cv-00398-LH-RLP

EEOC v. B&B Management Inc. Assigned to: District Judge C. LeRoy Hansen Referred to: Magistrate Judge Richard L. Puglisi Demand: $0 Cause: 28:451 Employment Discrimination

Date Filed: 03/31/2003 Date Terminated: 03/11/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

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

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

Loretta F Medina EEOC 505 Marquette, NW #900 Albuquerque, NM 87102 (505) 248-5230 Fax: 248-5217 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mary Jo O'Neill EEOC Phoenix District Office 3300 North Central Avenue #690 Phoenix, AZ 85012-2504

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V.
Defendant
B&B Management Inc. doing business as Taco Bell

(602) 640-5000 Fax: (602) 640-5009 Email: mary.oneill@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Veronica A Molina Equal Employment Opportunity Commission Legal Unit 505 Marquette N.W., Suite 900 Albuquerque, NM 87102 (505) 248-5231 Fax: (505) 248-5217 Email: veronica.molina@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Deborah D. Wells Kennedy, Moulton & Wells PC 2201 San Pedro NE Building 2, Suite 105 Albuquerque, NM 87110 505-884-7887 Fax: 505-884-7123 Email: ddwells@kmwpc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/31/2003 03/31/2003 04/02/2003 04/04/2003 05/09/2003

#

Docket Text

1 COMPLAINT for civil rights w/jury demand (2 Summons(es) issued) (referred to Magistrate Judge Richard L. Puglisi) (ed) (Entered: 04/01/2003)
LETTER re: consent to proceed before a US Magistrate Judge (ed) (Entered: 04/01/2003)
2 NOTICE of refusal to consent to proceed before a US Magistrate Judge by plaintiff (mlk) (Entered: 04/04/2003)
3 MINUTE ORDER: Case reassigned from Magistrate Judge Alan C. Torgerson to District Judge C. LeRoy Hansen (cc: all counsel*) (bap) (Entered: 04/04/2003)
4 ANSWER by defendant [1-1] (vv) (Entered: 05/09/2003)

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05/20/2003
06/26/2003 07/01/2003 07/01/2003 07/11/2003
08/20/2003 11/14/2003 03/11/2004

5 INITIAL SCHEDULING ORDER by Magistrate Judge Richard L. Puglisi Rule 16 scheduling conference set on 7/9/03 @ 10:00 am; provisional discovery plan & IPTR due 6/30/03 (cc: all counsel*) (bap) (Entered: 05/20/2003)
6 PROVISIONAL DISCOVERY PLAN by parties (bap) (Entered: 07/01/2003)
7 CERTIFICATE of Service by pltf of initial disclosures, mailed to counsel on 7/1/03 (*) (bap) (Entered: 07/01/2003)
8 PROVISIONAL DISCOVERY PLAN by parties (bap) (Entered: 07/02/2003)
9 INITIAL PRE-TRIAL REPORT by Senior Judge C. LeRoy Hansen and Magistrate Judge Richard L. Puglisi; Discovery set for 12/5/03; mtn filing ddl set for 1/22/04; proposed pretrial order due 4/8/04; Estimated # of Trial Days: 5-7; Chances of Settlement: Unknown (cc: all counsel) (bap) (Entered: 07/11/2003)
10 NOTICE by deft's attorney of change of address (*) (bap) (Entered: 08/20/2003)
11 ORDER by Senior Judge C. LeRoy Hansen re: Consent Decree as to non-monetary relief (cc: all counsel) (bap) (Entered: 11/17/2003)
12 ORDER by Senior Judge C. LeRoy Hansen that it appears that all matters have been resolved dismissing case (cc: all counsel) (bap) (Entered: 03/11/2004)

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 FILED

11\ THE UNITED STATES DISTRICT COUKIUANlBITUEQDUSETRAQTEUSED, INSErQ~-"~[~O:}Rl

FOR THE DISTRICT OF NEW MEXICO

~O

NOV 1 4. 200]

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v.
B & B MANAGEMENT. IKe.. d/b/a TACO BELL.
Defendant.

) )

~~~?/.J~

)

CLERK

)

CV-03-398 LH/RLP (ACE)

)

)

)

)

CONSENT DECREE AS TO

)

NON-MO;\lETARY REI.IEF

)

)

)

)

The United States Equal Employment Opportunity Commission (the "Commission" or "EEOC") filed this action against B & B Management, Inc., d/b/a Taco Bell ("Defendant") to
* enforce Title VII of the Civil Rights Act of 1964, as amended, 41 U.S.CO 2000e et gg. (Title
VII) and the Civil Right Act of 1991, 41 U.S.c., § 1981a. Plaintiff contends that Janelle Lamb, Jennifer McAdams, Melinda Montano and a class offemale employees, including at least Mindi Gonzales, were subjected hy the Defendant's General Manager, Martin Mulitauapele, to unwelcome verbal and physical sexual conduct which created a hostile work environment. The Commission contends that Defendant failed to correct and remedy the harassment endured hy these women. The Commission also contends that Janelle Lamb and Melinda Montano were suspended and terminated from their employment in retaliation for complaining ahout the harassment. The Commission contends that Jennifer McAdams was subjected to retaliation and was forced to resign as a result of the Defendant's failure to effectively remedy her work environment.

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The parties agree to this Consent Decree to resolve all non-monetary claims of the Commission and claims for equitable and injunctive relief. Monetary claims of the Commission and the aggrieved women are not resolved hy this Consent Decree.
The parties acknowledge that Defendant has commenced a proceeding under Chapter 11 of the United States Bankruptcy Code.
The parties do not object to the jurisdiction of the Court over this action and waive their rights to a hearing and the entry of findings of fact and conclusions of law as to non-monetary claims.
It is hereby ORDERED. ADJUDGED AND DECREED: I. This decree resolves all claims of the Commission against the Defendant ror equitable and injunctive re1iefarising out of the issues in this lawsuit.
INJUNCTION 2. Defendant, its owners, stockholders, managers, agents, orticcrs, employees, successors and assigns and all persons in active concert or participation with them, are permanently enjoined for the duration of the decree from discriminating against any employee because of his or her sex, including subjecting employees or individuals to sexual harassment. This injunction will rcmain in effect for the duration of the decree at any facility operated by Defendant in the state of New Mexico. 3. Defendant, its owners, stockholders, managers, agents, officers, employees, successors and assigns and all persons in active concert or participation with it, are permanently enjoined for the duration of the decree from retaliating against any employee or individual because the employee or individual has (a) opposed practices made unlawful by Title VII or a
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state equal employment opportunity statute, (b) filed a charge of discrimination, including sexual harassment, (c) assisted or participated in the filing ofa charge of discrimination, including sexual harassment, (d) assisted or participated in an investigation or proceeding under Title VII or a state equal employment opportunity statute, or (e) files an internal complaint of discrimination. This injunction will remain in effect for the duration of the decree at any facility operated by Defendant in the state of New Mexico.
NON-MONETARY RELIEF TO CHARGING PARTIES AND CLASS 4. In response to any employment inquiries or reference checks concerning Janelle Lamb, Jennifer McAdams. Melinda Montano or Mindi Gonzales, Defendant shall provide only their dates of employment. each position held. job duties and salary. This provision shall remain in force for so long as Janelle Lamb. Jennifer McAdams, Melinda \1ontano or Mindi Gonzales use Defendant as a reference and is not limited to the three-year duration of this decree. 5. Defendant shall not take any action against Janelle Lamb. Jennifer McAdams. Melinda Montano or Min(li Gonzales, or any other individual in retaliation for filing a charge of employment discrimination or for participating, assisting or testifying in this action. 6. Defendant shall provide Janelle Lamb, Jennifer McAdams. Melinda Montano and Mindi Gonzales with a neutral letter of reference from its highest ranking oflicial that provides the following information about each individual: dates of employment, position(s) held. joh duties and salary.
DEFENDANT'S CORRECTIVE POLICIES AND PRACTICES 7. Defendant shall institute and carry out policies and practices that will provide a work environment free from sex discrimination, including policies procedures and practices to prevent
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sexual harassment ofthcir cmployces and other individuals, and that allow employees and othcr individuals to raisc concerns or complaints about matters made unlawful by Title VlI, whether alleged, perceived or actual without retaliation. To assist Defcndant in its effort to provide a work environment free of sex discrimination, scxual harassment and retaliation, Defendant shall take the actions provided lor in Paragraphs 8 through 10 of this decree.
8. Within forty-live (45) days of the entry of this decree, Defendant shall review any existing policies on sex discrimination, including sexual harassment, and make any changes necessary so that their policics and procedures comply with Title VII. Should Defendant not currently have an existing policy prohibiting sexual harassment and/or a grievance procedurc, Defendant shall implement an effective anti-sexual harassment policy and procedure to receive cmployee complaints of harassment. Defendant shall ensure its written policy includes a statement that employees arc encouraged to complain directly to EEOC or any state equal opportunity agency. Aller rc\·icwing and making any necessary revisions to its policics, Defendant shall distribute thc rcvised sexual harassment policy and complaint procedure to each of its current full and part-time employees, and to each new employec hired for the duration of this decree. The policy and procedure statements that are providcd to defendant's employecs should be designed to present easily understood, convenient, consistent, confidential and reliable procedures for reporting incidents of sexual harassment and retaliation in Defendant's New Mexico facilities. These procedures, at a minimum, shall include provisions incorporating thc following:
A. Within thirty (30) days of entry of this decree and for the duration of this decrec. Defendant shall designate at least one employee in a supervisory or managerial
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position at each New Mexico facility to serve as investigative officer for sexual harassment issues; B. Within thirty (30) days of entry of this decree and for the duration of this decree. the name, responsibilities. work location. and telephone number of the investigative oflicer will routinely and continuously he posted and provided to all employees so that an employee seeking such name can enjoy anonymity and remain inconspicuous to other employees; C. For the duration of this decree. complaints of sexual harassment or retaliation will be accepted in writing. orally, or anonymously and all complaints will be taken seriously and invcstigated; D. Only those who have an immediate need to know. including the investigative officer(s). the alleged target of harassment or retaliation, the alleged harasser(s) or retaliator(s) and any witnesses, Illay find out the identity of the complainant; E. During an investigation of a sexual harassment complaint of an employee. the investigative orticer shall endeavor to immediately interview all affected employees and potential witnesses to the alleged harassmcnt; F. All parties contacted in the course of an investigation will be advised that any retaliation or reprisal against an individual who is an alleged target of harassment or retaliation. who has made a complaint, or who has provided evidence in connection with a complaint will not be tolerated and could result in disciplinary action; G. Each investigative officer will receive thorough and appropriate training about
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sexual harassment and will have the responsibility for expeditiously investigating

all complaints. This training shall consist of at least two hours in addition to that

provided under paragraph 10 of this decree;

H. The invcstigative officer will recommend rcmedial measures. if appropriate. based

upon the results of the investigation, and Defendant will promptly consider and

act upon such recommcndation;

I.

The investigative officer will maintain a file on the original complaint(s) and any

follow-up invcstigation;

J.

Defendant's owners. stockholders, managers, officials, agents or employees who

engage in s~xual harassment or retaliation, who fail to cooperate with company-

sponsored investigations of sexual harassment or retaliation. or who refuse to

implement remedial mcasures will be advised that they may be sanctioned

severely by loss of income. suspension or dismissal.

9. Defendant shall post within thirty (30) days of the entry of this Consent Decree.

and continuously for a period of 36 months, in prominent places frequented by employees of

Defendant's New Mexico facilities, the Notice attached to this decree as Exhibit A. This Notice

shall be the same type, style and size as in Exhibit A.

10. Defendant shall provide training on sex discrimination, sexual harassment and

retaliation according to the following terms:

A. Defendant shall provide at least three training sessions during the ternl of this

decree. All owners, stockholders. managers, supervisors and employees at New

Mexico facilities owned or operated by Defendant. shall attend the training.

Duplicative or videotaped sessions may be held to accommodate staffing needs.

Defendant shall be responsible for all costs associated with this training.

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B. During the IIrsl year of the decree, the training shall he conducted within ninety (90) days oflhe entry of this decree. Additional training shall be conducted at least once each remaining year of this Decree.
C. During the first year of this decree, Defendant shall seleci a qualified trainer and shall submit the trainer's name, resume, training agenda and the date(s) of the proposed training to the Regional Attorney of the Albuquerque office of the Equal Employment Opportunity Commission within forty-live (45) days of the entry of this decree. During the second and third years of the decree Defendant may choose to use professional videotapes to provide appropriate training on sex diseriminalion, sexual harassment and retaliation in lieu of a live training session. If a professional videotape is proposed to meet Defendant's training obligalion under this Decree in the second and third years of the Decree, a copy of the proposed vidcolape(s) shall be submitted to Ihe Regional Attorney at least sixty (60) days prior to the seminar-training session. The Commission shall ha\'e thirty days from Ihe dale of receipt of the infomlation described above to accept or rcjcci the proposed consultant/lecturer, Ihe contents of the seminar, and/or the selected profcssional vidcotape(s). In the event the Commission does not approve Defendant's designated consultant/lecturer, the Commission shall designate the consultant! lecturer at a cost not to exceed 5500.00 per seminar-training scssion, which shall be paid by Defendant.
D. The training shall include a minimum of two hours of instruction. All personnel, designated in Paragraph A shall both register and attend the training. The registry of attendance shall be retained by Defendant at least for the duration of the decree.
7

E. The training, at a Illinium shall include the subjects of: what constitutes sex discrimination, including sexual harassment and retaliation; that sex discrimination in the hiring, firing, compensation, assignment or other temlS, conditions or privileges of employment and retaliation violates Title Vll; how to prevent sex discrimination and retaliation; how to provide a work environment free from sex discrimination, sexual harassment and retaliation; and to whom and by what means employees may complain if they feci they have heen subjected to sex discrimination, sexual harassment or retaliation in the workplace.
F. Immediately following the training sessions, Defendant's highest ranking managerial official in New Mexico shall speak to the employees about: (I) potential discipline that can be taken against owners, stockholders, supervisors, managers and employees who commit acts of sex discrimination or retaliation or who allow sex discrimination or retaliation to occur in the workplace; (2) the importance of maintaining an environment free of sex discrimination and retaliation; and (3) the employer's policies regarding sex discrimination, sexual harassment and retaliation. This time shall not be counted toward the two-hour minimum training required in paragraph 100.
G. For the duration of this decree, at or around the time of hire, employees hired after the anllual training is presented, shall view a video tape of the training and/or a professional training tape which covers the topics set forth in paragraph IOE and shall be given any written material disseminated at the training.
II. The Commission. at its discretion, may designate Commission representatives to attend and participate in the training sessions described above.
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REPORTll'iG BY DEFENDANT AND ACCESS BY EEOC 12. Defendant shall report in writing and in affidavit fonn to the Regional Allorney of the Commission's Albuquerque District Office at 505 Marquette NW, Suite 900. Albuquerque. New Mexico 87102-2189. beginning six months from the date of the Entry oC this Decree. and thereafter every six months for the duration of the decree the following inConnation: A. Any changcs. modifications, revocations, or revisions to its policies and
procedures which concern or affect the subject of sex discrimination. sexual harassment and retaliation. B. The name. address. position, social security number and telephone number of any employee who during the six months preceding the report has brought allegations of sex discrimination, harassment. or retaliation arising from activities in Defendant's :\ew Mexico facilities against Defendant or its personnel, including but not limited to owners. stockholders, management officials, vendors, agents, or employees. The nature of the complaint, investigatory cfforts made by Defendant and the cOITeclive action taken, ifany, shall be specified. C. The registries of persons attending each of the seminar-training sessions required in paragraphs SG and 10 of this decree and a list of current employees on the day of the seminar-training session. D. An affidavit by Defendant stating: (1) the Notice required in paragraph 9 of this decree was posted and the locations where it was posted, and (2) it has complied with paragraphs 4-8 and 10 of this decree. E. Copies of any video presentations Defendant has utilized to comply with the requirements of this decree. 13. The Commission upon reasonable notice shall have the right to enter and inspect
9

the premises of Defendant's N~w Mexico facilities to insure compliance with this decree and federal anti-discrimination la\\'s.
COSTS AND DURATION 14. Each party shall bear its costs and attorneys' fees incurred to secure non-monetary relief as a result of this action through the entry of this decree. 15. The duration of this decree shall be three (3) years from its entry. This Court shall retain jurisdiction of this <[("tion for the duration of the decree, during which the Commission may petition this Court for compliance with this decree. Should the COllrt detennine that Defendant has not complied with this decree, appropriate relief, including extension of this decree for sllch period as may be necessary to r~medy its noncompliance, may be ordered. 16. This decree shall expire by its own tenns at the end of three (3) years aller entry. without further action by the parties. 17. The parties agree to entry of this decree as to non-monetary rc1iefsubjcct to final approval by the Court. ENTERED AND ORDERED this _ day of _ _ _ 2003.
UNITED STATES DISTRICT JUDGE
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APPROVED AND COI'iSE:-.JTED TO:

GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street. NW Washington. D.C. 20507

EQUAL EMPLOY\1ENT OPPORTUI\ITY COMMISSION Phoenix District Office 3300 N. Central Avenue. Suite 690 Phoenix. Arizona 85012

ERALD R. VELARDE. ESQ. Post Office Box 2226 Albuquerque, New Mexico 87103 Telephone: (505) 248-1828
Attorney for Debtor B&B Management
and

&~~i~'iD~~\ 9 A-\,.\-.-r ,
Senior Trial Attorney
VERONICA A. MOLINA Trial Attorney

'. <=:), ~'". ~ )~~.9~
DEBORAH D. WELLS. ESQ. Kennedy. Moulton & Wells 2201 San Pedro. NE, Building 3. Suite 210 Alhuquerque, New Mexico 87110 Telephone: (505) 884-7887

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Albuquerque District Office 505 Marquette N. W., Suite 900 Albuquerque. New Mexico 87102 Telcphone: (505) 248-5230

Attorneys for Defendant B&B \1anagemcnt

Attorneys for Plaintiff

11

!'iOTlCE TO ALL EMPLOYEES OF B & B MANAGEMENT. INC..
This Notice is posted pursuant to a Consent Decree entered into bctween B & B Management, Inc.. and the Equal Employment Opportunity Commission (EEOC).
It is unlawful under the federal law (Title VII of the Civil Rights Act or 1964) and statc law to discriminatc against an employce on the basis of sex in hiring, firing. compcnsation or other tcrms. and conditions or privileges of employment, including sexual harassment.
B & 8 Managemcnt. Inc .• prohibits all fomls of sex discrimination. including sexual harassment. Prohihited scxual harassment includes, hut is not limited to, thc following conduct:
1. unwelcome touching of a sexual nature; 2. unwelcomc discussion of sexual jokes and scxual behavior; 3. unwckome requests for dates, sexual favors and propositions; and 4. unwclcome distribution in the workplace of cartoons. pictures or drawings
of a scxual nature.
8 & 8 Management. Inc., shall not discriminate on thc basis of sex and shall not retaliate against any employec who opposes a practice made unlawful under federal law, files. assists or participates in the filing of a charge of discrimination or participates in any il1\'estigation under Title VIr. or who files a grievance alleging discrimination.
If you believe you arc being sexually harassed, discriminated against or retaliated against you should report this to the designatcd investigativc officer at your workplace who may be contacted at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~
If you believe you have been discriminated against by B & 8 Management, Inc.. you have the right to seek assistance from:
1) Equal Employmcnt Opportunity Commission, 505 Marquette. Suite 900, Albuquerque, New Mcxico 87102,1-800-669-4000. or
(2) The New Mexico Department of Labor, Human Rights Division, 1596 Pacheco St., Suite 103, Santa Fe, New Mexico 87505. 505) 827-6838.
You have the right to file a charge with the EEOC or the Department of Labor if you believe you arc bcing discriminated against.
EXHIBIT A