II
I

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVll.LE DMSION

l~ h*Id StaDtIitstDricisttroifctTCexol\uSrt
FlI.fD
AUG 2 6 2002
Michael N. MIIOy
Clerk of Court

EQUALEMWLOYMENTOPPOR~Y
COMMISSION, Plaintiff,
v.
HARLINGEN FAMILY DENTISTRY, P.C.,
Defendant.

§

§

B- 0 2 - 163 §

§

Civil Action No. _ _ _ _ _ __

§

§

COMWLAINT

§ JURY TRIAL DEMAND

§

§

NATURE OF ACTION This is an action under Title Vll of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of religion and retaliation, and to provide appropriate reliefto Rosemary DeLeon, Griselda Garcia, Maria Carrizales and a class of similarly situated employees, who were adversely affected by such practices. The Equal Employment Opportunity Commission (the "Commission") alleges that Rosemary DeLeon, Griselda Garcia, Maria Carrizales and a class of similarly situated employees were discharged and/or subjected to other adverse employment actions in violation of Section 704(a) of Title VII by the Harlingen Family Dentistry, P.C. ("HFD") for objecting to and/or refusing to attend employermandated courses because they contained religious content.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuantto 28 U.S.C. §§ 451,1331,1337,1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(I) and (3) of Title Vll of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) (''Title Vll"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Southern District of Texas, Brownsville Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title Vll, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title Vll, 42 U.S.C. § 2000e-5(f)(I) and (3). 4. At all relevant times, Defendant HFD has continuously been a Texas corporation doing business in the State of Texas and the City of Harlingen, and has continuously had at least 15 employees. 5. At all relevant times, Defendant HFD has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title Vll, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Rosemary DeLeon, Griselda Garcia and Maria Carrizales filed charges with the Commission alleging violations of Title Vllby Defendant HFD. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least October 1999, Defendant HFD has engaged in unlawful employment practices at its Harlingen, Texas, facility, in violation of Section 704(a) of Title VIT, 42 U.S.C. §2000e-3(a) by subjecting Rosemary DeLeon, Griselda Garcia, Maria Carrizales and other similarly situated employees to adverse employment actions including discharge for objecting to andlor
2

refusing to attend employer-mandated courses because they contained religious content. The mandatory courses included teachings about beliefs and practices espoused by the religion of Scientology which was founded by L. Ron Hubbard.
8. The effect of the practices complained of in paragraph seven above has been to deprive Rosemary DeLeon, Griselda Garcia, Maria Carrizales and a class of similarly situated employees of equal employment opportunities and otherwise adversely affect their status as employees because of religion and retaliation.
9. The unlawful employment practices complained of in paragraph seven above were intentional.
10. The unlawful employment practices complained of in paragraph seven above were done with malice or with reckless indifference to the federally protected rights of Rosemary DeLeon, Griselda Garcia, Maria Carrizales and a class of similarly situated employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant HFD, its officers, successors, assigns, and all persons in active concert or participation with it, (1) from mandating courses that teach religious content; (2) from engaging in retaliation against employees who object to or refuse to attend such courses; and (3) from engaging in any employment practice which discriminates on the basis of religion and/or retaliation or which facilitates, condones, or encourages such discrimination; B. Order Defendant HFD to institute and carry out policies, practices, and programs which provide equal employment opportunities to individuals regardless of religious beliefs or
3

practices (or lack thereof) and regardless of participation in protected activity under Title vn, and
which eradicate the effects of its past and present unlawful employment practices; C. Order Defendant HFD to make whole Rosemary DeLeon, Gri~elda Garcia, Maria
Carrizales and a class of similarly situated employees by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to the reinstatement of Rosemary DeLeon, Griselda Garcia and Maria Carrizales, or front pay in lieu thereof;
D. Order Defendant HFD to make whole Rosemary DeLeon, Griselda Garcia, Maria Carrizales and a class of similarly situated employees by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph seven above, including, but not limited to, relocation expenses,job search expenses, and medical expenses, in amounts to be determined at trial;
E. Order Defendant HFD to make whole Rosemary DeLeon, Griselda Garcia, Maria Carrizales and a class of similarly situated employees by providing compensation for past and future non pecuniary losses resulting from the unlawful employment practices described in paragraph seven above, including but not limited to emotional pain and suffering, humiliation, emotional distress, anxiety, inconvenience, and loss of enjoyment of life, in an amount to be determined at trial;
F. Order Defendant HFD to pay Rosemary DeLeon, Griselda Garcia, Maria Carrizales and a class of similarly situated employees punitive damages for its malicious and reckless conduct described in paragraph seven above, in amounts to be determined at trial;
O. Grant such further relief as the Court deems necessary and proper in the public
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· .

interest; and H. Award the Commission its costs of this action. JURy TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.

Dated:

Respectfully submitted,
GWENDOLYN YOUNG REAMS Associate General Counsel

ROBERT B. HARWIN

~~
EDWARD JUAREZ Trial Attorney Texas State Bar No. 24014498
EQUALE~LOYMENTOPPOR~Y
COMMISSION San Antonio District Office 5410 Fredericksburg Rd., Ste. 200 . San Antonio, Texas 78229-3555 Telephone: (210) 281-7613 Telecopier: (210) 281-7669
ATTORNEYS FORPLAThITllP
5

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION

Qlbd SIIfII Drstrfet Court tithanEiNDTiEstRriEctDof Texas
OCT 1 0 Z003

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

Plaintiff,

§

§

v.

§

§

HARLINGEN FAMILY DENTISTRY, P.C., §

§

Defendant•.

§

~ No Milby, Clerk of Court VI D8pUly aerie rof-&AL. ~
Civil Action No. B·02·163

FINAL JUDGMENT ORDER ENTERING CONSENT DECREE

On this day came on to be heard the parties' Joint Motion to Enter Consent Decree. After

reviewing the Consent Decree, the Court finds that all issues in the Complaint have been disposed

of, that the parties are in agreement, and that the Consent Decree should be entered.

Nothing herein or in the Consent Decree is intended to confer upon any person or entity other

than the Equal Employment Opportunity Commission or Harlingen Family Dentistry the right to

seek enforcement of the Consent Decree and/or any terms contained therein.

It is therefore ordered that the Consent Decree is hereby entered and the Court shall only

retain jurisdiction to enforce the terms and conditions as set forth in the Consent Decree, which is

attached to the parties' Joint Motion to Enter Consent Decree.

~ DeL l.r- 1, Signed this

day of

,2003.

----t-~ lL---
HONORABLE ANDREW S. HANEN UNITED STATES DISTRICT JUDGE

 
 ,-

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION

United States District Cour&
Southern DistrietofT_ FILED
OCT 0 2 2003

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

Plaintiff,

§

§

v.

§

§

HARLINGEN FAMILY DENTISTRY, P.C., §

§

Defendant.

§

"C::~Ve:=v
Civil Action No. B-02-163

JOINT MOTION TO ENTER CONSENT DECREE TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, Plaintiff, United States Equal Employment Opportunity Commission ("EEOC"), and Defendant, Harlingen Family Dentistry, P.C., and file this, their Joint Motion to Enter Consent Decree in the above-captioned civil matter. In support of this Motion, the parties respectfully show the Court as follows:
EEOC and Harlingen Family Dentistry, P.C. have resolved, compromised, and settled aU matters at issue in this litigation, as evidenced by their signatures on the Consent Decree accompanying this Motion.
WHEREFORE, PREMISES CONSIDERED, Plaintiff, United States Equal Employment Opportunity Commission, and Defendant, Harlingen FamilyDentistry, P.C., respectfullyrequest that this Court enter the Consent Decree attached to this Motion.
Respectfully submitted, ERIC S. DREffiAND General Counsel

.
~~PEZ'JR.
LAW OFFICES OF NEMECIO E. LoPEZ, JR. 1314 E. Harrison Harlingen, Texas 78550 Telephone: (956) 425- 55 Telecopier: ( ) 4 - 7
R EN .
ttorney Texas State Bar No. 15740900 Federal ID No. 1216
LAW OFFICES OF RUBEN R. PENA P.O. Box 530160 222 W. Harrison Harlingen, Texas 78550 Telephone: (956) 412-8200 Telecopier: (956) 412-8282
ATTORNEYS FOR DEFENDANT

JAMESL. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
ROBERT B. HARWIN Regional Attorney District of Columbia Bar No. 076083
JUDITH G. TAYLOR Supervisory Trial Attorney Texas State Bar No. 19708300 Federal ID No. 14850
BDWARD JUAREZ Trial Attorney Texas State Bar No. 24014498 Federal ID No. 29845 Attorney-in-Charge
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Antonio District Office 5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229-3555 Telephone: (210) 281-7613 Telecopier: (210) 281-7669
ATTORNEYS FOR PLAINTIFF

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U.S. District Court SOUTHERN DISTRICT OF TEXAS (Brownsville)
CIVIL DOCKET FOR CASE #: 1:02-cv-00163

CLOSED

EEOC v. Harlingen Family Assigned to: Judge Andrew S. Hanen Demand: $0 Case in other court: Cause: 28:451 Employment Discrimination
Plaintiff
Equal Employment Opportunity Commission

Date Filed: 08/26/2002 Date Terminated: 10/06/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Edward Juarez EEOC 5410 Fredericksburg Rd Ste 200 San Antonio, TX 78229-3555 210-281-7613 Email: eduardo.juarez@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Judith Georgann Taylor EEOC 5410 Fredericksburg Rd Ste 200 San Antonio, TX 78229-3555 210-281-7673 Fax: 210-281-7669 fax Email: judith.taylor@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert B Harwin EEOC Fax 210 281 7669 5410 Fredericksburg Rd Ste 200 San Antonio, TX 78229-3555 210-281-7613 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Harlingen Family Dentistry P C

represented by Nemecio E Lopez, Jr

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Date Filed 08/26/2002 08/26/2002
08/26/2002 09/24/2002 10/03/2002 10/08/2002
11/07/2002 11/07/2002 11/13/2002

Attorney At Law 1314 E Harrison Harlingen, TX 78550 956-425-9554 Fax: 956-425-9437 fax Email: nlopezlaw@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ruben R Pena Attorney at Law 222 W Harrison Harlingen, Tx 78550 956-412-8200 Fax: 956-412-8282 Email: riolaw1@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

#

Docket Text

1 NATURE OF ACTION by EEOC filed; (ogutierrez) (Entered: 09/04/2002)

2 Order setting Initial Pretrial and Scheduling Conference on 2:00 12/4/02 before Judge John W. Black and Order to Disclose Interested Persons, filed. ( Signed by Magistrate Judge John W. Black ) Parties notified. (ogutierrez) Modified on 10/03/2002 (Entered: 09/04/2002)

CASE REFERRED to Magistrate Judge John W. Black (ogutierrez) (Entered: 09/04/2002)

3 CERTIFICATE OF INTERESTED PARTIES by EEOC , filed. (ogutierrez) (Entered: 09/24/2002)

Deadline updated; reset scheduling conference for 2:00 12/4/02 before Magistrate Judge John W. Black (ogutierrez) (Entered: 10/03/2002)

4 WAIVER OF SERVICE Returned Executed as to Juan Villareal for Harlingen Family 10/6/02 Answer due on 12/5/02 for Harlingen Family , filed. (ogutierrez) (Entered: 10/08/2002)

5 ANSWER to Complaint by Harlingen Family (Added attorney Nemecio E Lopez Jr, Ruben R Pena), filed. (ogutierrez) (Entered: 11/07/2002)

6 Disclosure OF INTERESTED PARTIES by Harlingen Family , filed. (ogutierrez) (Entered: 11/07/2002)

7 ORDER set Initial pretrial conference for 1:30 12/5/02 before Magistrate Judge John W. Black , entered; Parties ( signed by Magistrate Judge John W. Black ) (ogutierrez) (Entered: 11/14/2002)

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11/21/2002 12/05/2002
12/16/2002 12/20/2002 01/07/2003
01/07/2003 03/04/2003 07/16/2003 07/21/2003 08/08/2003 08/12/2003
08/13/2003

8 JOINT DISCOVERY/Case Management Plan by EEOC, Harlingen Family , filed. (ogutierrez) (Entered: 11/21/2002)
9 Minute entry: Initial pretrial conference held b/Judge Black. Apps: Edward Juarez,Ruben Pena and Nemecio Lopez. Hearing was changed to 2:30 pm. Parties have engaged in setlement discussions . Parties will file an agreed scheduling order by 12/9/02. Prefer a trial setting in May 2003. (ogutierrez) (Entered: 12/05/2002)
10 ORDER set status conference for 1:30 12/27/02 before Magistrate Judge John W. Black , entered; Parties notified. ( signed by Magistrate Judge John W. Black ) (ogutierrez) (Entered: 12/16/2002)
11 NOTICE of joint submission of proposed scheduling order by EEOC, Harlingen Family , filed (ogutierrez) (Entered: 12/24/2002)
12 ORDER set scheduling order deadlines: joining of parties, amended pleadings 10 days after completion of discovery ; Discovery by 7/31/03. Motion for extension by 7/18/03. Pretrial order to be submitted on or before 9/30/03 ; Docket call deadline 1:30 10/10/03 ; before Magistrate Judge John W. Black ; , entered; Final pretrial is set for 10/2/03 at 8:30 b/Judge Hanen. Jury selection for 10/3/03 at 9am b/Judge Hanen.Parties notified. ( signed by Magistrate Judge John W. Black ) (ogutierrez) (Entered: 01/07/2003)
Deadline updated; set pretrial conference for 8:30 10/2/03 before Judge Andrew S. Hanen , set jury selection for 10/3/03 at 9am before Judge Andrew S. Hanen (ogutierrez) Modified on 03/04/2003 (Entered: 01/07/2003)
Deadline updated; reset jury selection for 9:00 10/3/03 before Judge Andrew S. Hanen (ogutierrez) (Entered: 03/04/2003)
13 JOINT MOTION to extend time to complete discovery by EEOC, Harlingen Family , filed (ogutierrez) (Entered: 07/16/2003)
14 ORDER granting [13-1] joint motion to extend time to complete discovery reset discovery due for 9/15/03 all other deadlines remain the same , entered; Parties notified. ( signed by Judge Andrew S. Hanen ) (ogutierrez) (Entered: 07/22/2003)
15 JOINT MOTION to extend time by EEOC, Harlingen Family , filed (ogutierrez) (Entered: 08/11/2003)
16 ORDER granting [15-1] joint motion to extend time reset other motions filing deadline for 9/25/03 , reset joinder of parties by 9/25/03 all other deadlines remain in effect as outlined in the Court's ruling on 1/7/03 , entered; Parties notified. ( signed by Magistrate Judge John W. Black ) (ogutierrez) (Entered: 08/12/2003)
17 NOTICE of Hearing: reset pretrial conference for 1:30 9/30/03 before Judge Andrew S. Hanen , reset jury selection for 9:00 10/2/03 before Judge Andrew S. Hanen , filed. (ogutierrez) (Entered: 08/13/2003)

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08/20/2003 09/09/2003
09/16/2003 09/16/2003 09/17/2003 09/17/2003 10/02/2003 10/06/2003

18 NOTICE OF Pending SETTLEMENT by EEOC, Harlingen Family , filed (ogutierrez) (Entered: 08/22/2003)
19 ORDER passed docket call for 10/10/03 at 1:30pm before Magistrate Judge John W. Black , entered; Parties notified. (JWB) (ogutierrez) (Entered: 09/10/2003)
20 Letter to Court regarding Settlement by EEOC , filed. (ogutierrez) (Entered: 09/17/2003)
Deadline updated; terminated deadlines of docket call and jury selection as per case manager instructions. (ogutierrez) (Entered: 09/17/2003)
21 NOTICE of Hearing: set status conference for 9:30 10/17/03 before Judge Andrew S. Hanen , filed. (ogutierrez) (Entered: 09/17/2003)
CASE NO LONGER REFERRED TO Magistrate Judge John W. Black (ogutierrez) (Entered: 09/17/2003)
22 JOINT MOTION to enter consent decree by EEOC, Harlingen Family , filed (ogutierrez) (Entered: 10/03/2003)
23 FINAL JUDGMENT ORDER ENTERING CONSENT DECREE granting [22-1] joint motion to enter consent decree , entered; Parties notified. ( signed by Judge Andrew S. Hanen ) (mperez) (Entered: 10/10/2003)

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 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

§

COMMISSION,

§

Plaintiff,

§

§

v.

§

§

HARLINGEN FAMILY DENTISTRY, P.C., §
§

Defendant.

§

Civil Action No. B-02-163

CONSENT DECREE

The parties to this Consent Decree are the Plaintiff, United States Equal Employment

Opportunity Commission ("EEOC"), and Defendant, Harlingen Family Dentistry, P.C. This Consent

Decree resolves the above-referenced Civil Action No. B-02-163. The EEOC initiated this lawsuit

under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.e. §2000e, et seq. ("Title VII")

and Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a to correct alleged unlawful

employment practices on the basis of religion and retaliation, and to provide appropriate relief to

Rosemary DeLeon and Maria Carrizales, who claim to be adversely affected by such practices.

The EEOC and Harlingen Family Dentistry, P.e. wish to settle this action, without the

necessity of further litigation, pursuant to the terms delineated in this Decree because bona fide

disputes and controversies exist between the parties, both as to liability and the amount of damages

allegedly resulting thereof, if any, and by reason of such disputes and controversies the parties hereto

desire to compromise and settle all claims, causes of action, and issues alleged in this Complaint

and/or the underlying Charges of Discrimination 31CAOO840and 31CAOlOO8.

IT IS ORDERED, ADJUDGED AND DECREED as follows:

1. This Court has jurisdiction over the parties and of the subject matter of this action, venue is proper, and all administrative prerequisites to the filing of this action have been met. The Complaint states claims, which, if proved, would authorize this Court to grant relief against Harlingen Family Dentistry, P.C. pursuant to Title VII;
2. This Decree resolves those claims against Harlingen Family Dentistry, P.e. raised in EEOC's Complaint in this case and asserted in Charge Numbers 31CAOO840and 31CAOIOO8. The EEOC waives further litigation of all claims, causes of action, and issues raised in the abovereferenced complaint and asserted in Charge Numbers 31CAOO840 and 31CAOlOO8. The EEOC expressly reserves its right, however, to process and litigate any other charges which may now be pending or may in the future be filed against Harlingen Family Dentistry, P.e.; and
3. The duration of this Decree shall be two (2) years from the date of its filing with the Court (the "term"). This Court shall retain jurisdiction of this action for the duration of this Decree and may enter such other and further relief as it deems appropriate to ensure implementation and enforcement of its provisions. If neither party moves the court for enforcement of any provision and/or condition of the Consent Decree during the term, Harlingen Family Dentistry, P.e. can move the court for dismissal with prejudice at the expiration of the term of this Consent Decree.
INJUNCTIVE PROVISIONS
4. Defendant Harlingen Family Dentistry, P.C. is enjoined, during the term of this Decree, from discriminating against any employee on the basis of religion. Defendant Harlingen Family Dentistry, P.C. is also enjoined from engaging in retaliation in any manner against any past, present, or future employee for opposing any employment practice made unlawful by Title VII, including but not limited to opposing and/or refusing to attend any mandatory employee course

Consent Decree

Page 2

.'

because it contains religious content, or for filing a discrimination charge, giving testimony or

assistance, or participating in any manner in any investigation, proceeding, hearing or action under
Title vn.

5. Within sixty (60) days after the entry of this Decree, Harlingen Family Dentistry, P.C.

shall create or modify and implement a written anti-discrimination policy which meets the following

criteria: (a)

Contains a provlSlon stating that Harlingen Family Dentistry, P.C. prohibits

discrimination against employees because of an employee's religion or for an

employee's failure to conform to a religious belief or practice;

(b) Contains a provision stating that Harlingen Family Dentistry, P.C. prohibits

retaliation against any employee; and

(c) Provides for a simple, convenient, confidential and reliable mechanism for reporting

incidents of religious discrimination and/or retaliation and provides for progressive

discipline of employees for violating the religious anti-discrimination policy, up to

and including discharge. TRAINING

6. Within 90 days of the date of entry of this Decree, all supervisory and managerial

employees employed by Defendant Harlingen Family Dentistry, P.C. shall participate in EED

training of not less than eight hours. This training include instruction on the law relating to Title vn

of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 (hereinafter referred to

as "the training"). Within 30 days prior to the date scheduled for the training, Defendant Harlingen

Family Dentistry, P.c. shall furnish to the EEOC a written report describing the training to be

Consent Decree

Page 3

"

attended by the employees refeITed to in this paragraph, identifying the instructor(s) and describing his/her/their qualifications to conduct such training, and the EEOC shall have the right to approve the training and/or the instructor(s).
MONETARY RELIEF 7. Harlingen Family Dentistry, P.e., in settlement of this dispute, shall pay the sum of FORTY-TWO THOUSAND AND FIVE HUNDRED DOLLARS AND 001100 DOLLARS ($42,500.00) apportioned and delivered as follows: (a) Payments totaling $21,250.00, less applicable taxes, shall be made to Maria
CaITizales as follows: (1) $5,312.50, less applicable taxes, to be paid on or before October 15, 2003; (2) $5,312.50, less applicable taxes, to be paid on or before April 15, 2004; (3) $5,312.50, less applicable taxes, to be paid on or before October 15, 2004;
and (4) $5,312.50, less applicable taxes, to be paid on or before April 15, 2005. All payments shall be made by certified check and mailed directly to Maria Carrizales, 1027 Leal Street, San Benito, Texas 78586. (b) Payments totaling $21,250.00, less applicable taxes, shall be made to Rosemary DeLeon as follows: (1) $5,312.50, less applicable taxes, to be paid on or before October 15, 2003; (2) $5,312.50, less applicable taxes, to be paid on or before April 15, 2004; (3) $5,312.50, less applicable taxes, to be paid on or before October 15,2004;
and

Consent Decree

Page 4

(4) $5,312.50, less applicable taxes, to be paid on or before April 15, 2005. All payments shall be made by certified check and mailed directly to Rosemary DeLeon, 1406 Anadal Street, Harlingen, Texas 78550. A copy of the settlement checks and any accompanying transmittal documents shall be contemporaneously forwarded to the EEOC to the attention of Robert B. Harwin, Regional Attorney, Equal Employment Opportunity Commission, Mockingbird Plaza 11,5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229.
POSTING OF NOTICE 8. Defendant Harlingen Family Dentistry, P.c., its agents, officers, employees, servants, successors, and assigns, shall post a notice within ten (10) days ofthe entry of this Decree regarding its practices, policies, and intent not to discriminate against any employee in violation of Title VII. Such notice shall be as set forth in Exhibit A, which is attached to this Decree. A copy of Exhibit A shall be posted at Defendant's Harlingen, Texas, facility and on all employee bulletin boards or other areas where employees are likely to congregate. This notice shall remain posted for the duration of this Decree. Harlingen Family Dentistry, P.C. shall certify to the EEOC in writing within ten (10) business days after the posting of the Notice that the Notice has been properly posted.
COMPLIANCE 9. During the duration of this Decree, the EEOC on noticed motion to the Court shall have the right to ensure compliance with the terms of this Decree. In furtherance, the parties agree to the following: (a) Harlingen Family Dentistry, P.c. shall maintain and make available for inspection
and copying all documents relevant to its compliance with this Decree; and

Consent Decree

Page 5

"'
(b) Harlingen Family Dentistry, P.C. shall, upon 10 days written notice and during Harlingen Family Dentistry, P.C.' s regular business hours, pennit representatives of the EEOC to review all documents, and meet and interview all persons within its employ for purposes of verifying compliance with this Decree. MISCELLANEOUS PROVISIONS
10. Nothing contained in this Decree shall be construed to limit any obligation Harlingen Family Dentistry, P.c. may otherwise have to maintain records under Title vn or any other statute.
11. The tenns of this Decree shall be binding upon Harlingen Family Dentistry, P.c., and its present and future representatives, agents, officers, employees, servants, successors, and assigns, as to the issues resolved herein. It is understood and agreed that this is a compromise of a doubtful and disputed claim, and that nothing contained herein shall be construed as an admission of liability by or on behalf of Harlingen Family Dentistry, P.C., all such liability being expressly denied.
12. It is understood and agreed that this Decree shall be governed by, construed and enforced in accordance with, and subject to, the laws of the United States.
13. It is understood and agreed that this Decree may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes.
14. The parties to this Decree shall bear their own costs and attorneys' fees incurred in this action. The parties further agree that pursuant to Section 706(k) of Title vn, 42 US.C. § 2000e5(k), there is no "prevailing party" in this action or proceeding.

The Clerk shall furnish a copy hereof to each attorney of record.
Consent Decree

Page6

SO ORDERED.
Signed this - day of
NE ,I . LOPEZ, JR. Attorn y Texas State Bar No. 12568500 Federal ID No. 4011 Attorney-in-Charge
LAW OFFICES OF NEMECIO E. LOPEZ, JR.
1314 E. Harrison Harlingen, Texas 78550 Telephone: (956) 425-9554 Telecopier: 56) 25-9
Attorney Texas State Bar No. 15740900 Federal ID No. 1216
LA W OFFICES OF RUBEN R. PENA
P.O. Box 530160
Consent Decree

,2003.
HONORABLE ANDREW S. HANEN UNITED STATES DISTRICT JUDGE
Respectfully submitted,
ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
~..b~~
ROBERT B. HARWIN Regional Attorney District of Columbia Bar No. 076083

IT G. TAYLOR .I ervisory Trial Attorney exas State Bar No. 19708300 Federal ID No. 14850
~h Trial Attorney Texas State Bar No. 24014498 Federal ID No. 29845 Attorney-in-Charge EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

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222 W. Harrison Harlingen, Texas 78550 Telephone: (956) 412-8200 Telecopier: (956) 412-8282
ATTORNEYS FOR DEFENDANT

San Antonio District Office 5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229-3555 Telephone: (210) 281-7613 Telecopier: (210) 281-7669
ATTORNEYS FOR PLAINTIFF

Consent Decree

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EXHIBIT A

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NOTICE TO ALL EMPLOYEES HARLINGEN FAMILY DENTISTRY, P.C., IS FIRMLY COMMITTED TO TREATING EMPLOYEES AND APPLICANTS FOR EMPLOYMENT ACCORDING TO MERIT WITHOUT REGARD TO THEIR RACE, RELIGION, COLOR, NATIONAL ORIGIN, SEX, OR THEIR HAVING ENGAGED IN ACTIVITY PROTECTED BY TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED. THIS POLICY APPLIES TO ALL EMPLOYMENT DECISIONS, INCLUDING RECRUITMENT, RETENTION, PROMOTION, TRANSFER, LAYOFF AND/OR TERMINATION, AND ALL OTHER TERMS AND CONDITIONS OF EMPLOYMENT. HARLINGEN FAMILY DENTISTRY, P.C., WILL SPECIFICALLY NOT TOLERATE DISCRIMINATION OF ITS EMPLOYEES BASED ON AN EMPLOYEE'S RELIGION OR BECAUSE AN EMPLOYEE FAILS TO CONFORM TO A RELIGIOUS BELIEF OR PRACTICE, AND WILL FURTHER SPECIFICALLY NOT TOLERATE RET ALIATION AGAINST AN
EMPLOYEE WHO OBJECTS OR OPPOSES FORCED CONFORMITY WITH ANY RELIGIOUS
BELIEFS OR PRACTICES. IF YOU BELIEVE, YOU ARE BEING DISCRIMINATED AGAINST IN ANY TERM OR
CONDITION OF YOUR EMPLOYMENT BECAUSE OF YOUR RACE, RELIGION, COLOR, NATIONAL ORIGIN, SEX, AGE, OR DISABILITY; OR THAT YOU ARE BEING SUBJECTED TO HARASSMENT BECAUSE OF YOUR RACE, RELIGION, COLOR, NATIONAL ORIGIN, SEX, AGE OR DISABILITY; OR BECAUSE OF HAVING ENGAGED IN TITLE VIIPROTECTED ACTIVITY, YOU ARE ENCOURAGED TO SEEK ASSISTANCE FROM SUPERVISORY PERSONNEL, OR FROM THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, 5410 FREDERICKSBURG ROAD, SUITE 200, SAN ANTONIO, TEXAS 78229-3550, (210) 281-7600 OR 1-800-669-4000.

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NO RETALIATORY ACTION MAY BE TAKEN AGAINST YOU FOR SEEKING ASSIST ANCE, FILING A CHARGE, OR COMMUNICATING WITH THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.
EEOC ENFORCES TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, WIllCH
PROHIBITS EMPLOYMENTDISCRIMINA TION BASED ON RACE, COLOR, RELIGION, SEX OR NATIONAL ORIGIN; THE AGE DISCRIMINATION IN EMPLOYMENT ACT; THE EQUAL
PAY ACT; PROHIBITIONS AGAINSTDISCRIMINA TION AFFECTING INDIVIDUALS WITH DISABILITIES IN THE FEDERAL SECTOR; SECTIONS OF THE CIVIL RIGHTS ACT OF 1991; AND TITLE I OF THE AMERICANS WITH DISABILITIES ACT, WIllCH PROHIBITS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES IN THE PRIVATE SECTOR AND STATE AND LOCAL GOVERNMENTS.