Case 2:05-cv-01206-JCM-GWF Document 1

Filed 09/30/2005 Page 1 of 5
ORIGINAL

1 Anna Y. Park, CA SBN 164242
Cherry-Marie D. Rojas, CA SBN 141482 2 Peter F. Laura, CA SBN 116426
U.S. EQUAL EMPLOYMENT 3 OPPORTUNITY COMMISSION
255 East Temple Street, Fourth Floor 4 Los Angeles, CA 90012
Telephone: (213) 894-1076 5 Facsimile: (213) 894-1301
E-Mail: lado.legal@eeoc.gov 6
Attorneys for Plaintiff 7 U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMI SSION 8

CV-S-05- 1206-JCM-RJJ

9 UNITED STATES DISTRICT COURT
10 DISTRICT OF NEVADA
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12 U.S. EQUAL EMPLOYMENT 13 OPPORTUNITY COMMIS SION,

14

Plaintiff,

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VS.

16 AMERICA WEST AIRLINES, INC.,
17 Defendant.
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Case No.: CV-S-
COMPLAINTmTITLE Vll Sexual Harassment Retaliation
JURY TRIAL DEMAND

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NATURE OF THE ACTION AND JURISDICTION

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1. This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the

21 Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and 22 retaliation, and to provide appropriate relief to Laura Barr and a class of women, who were

23 adversely affected by such practices. As set forth more fully in this Complaint, Plaintiff

24 U.S. Equal Employment Opportunity Commission alleges that Laura Barr and a class of women 25 were subjected to a hostile work environment on the basis of sex, and that Ms. Barr was

26 retaliated against for complaining of the hostile work environment, by Defendant America West

27 Airlines, Inc. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 45 i, 1331, 1337,

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1 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of

2 Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3)

3 ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

4

VENUE

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2. The employment practices alleged to be unlawful were and are now being

6 committed within the jurisdiction of the United States District Court for the District of Nevada.

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PARTIES

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3. Plaintiff, the U.S Equal Employment Opportunity Commission ("EEOC" or

9 "Commission"), is the agency of the United States of America charged with the administration,

10 interpretation and enforcement of Title VII, and is expressly authorized to bring this action by

11 Section 706(0(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3).

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4. At all relevant times, Defendant, America West Airlines, Inc. (the "Employer"),

13 has continuously been a Delaware corporation doing business in the State &Nevada and the Cit’

14 of Las Vegas, and has continuously had at least 15 employees.

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5. At all relevant times, Defendant Employer has continuously been an employer

16 engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of

17 Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

18

STATEMENT OF CLAIMS

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6. More than thirty days prior to the institution of this lawsuit, Laura Barr filed a

20 charge with the Commission alleging violations of Title VII by Defendant Employer. All

21 conditions precedent to the institution of this lawsuit have been fulfilled.

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7. From at least September 1999 through at least July 2001, Defendant Employer

23 engaged in unlawful employment practices at its Las Vegas, Nevada, location, in violation of

24 Section 703 of Title VII, 42 U.S.C. § 2000e-2, by subjecting its employees Laura Barr and a

25 class of women to a hostile working environment on the basis of sex. Ms. Barr and a class of

26 women were subjected to unwelcome severe and/or pervasive harassment by a male supervisor

27 that included, but was not limited to, frequent and repeated physical touching, leering, requests

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1 for dates, commentary demeaning to women, and commentary of a sexual nature that persisted

2 despite numerous complaints of the behavior made to Defendant Employer. Defendant

3 Employer further failed to exercise reasonable care to prevent and correct promptly the sexually

4 harassing behavior. EEOC alleges further that the harassment resulted in a tangible job action of

5 demotion for Ms. Barr, because the working conditions created by the hostile environment were

6 so intolerable that she was compelled to take a voluntary demotion in or about February 2001

7 order to escape the harassment.

8

8. Beginning on or about July 24, 2001, and continuing thereafter, Defendant

9 Employer engaged in unlawful employment practices at its Las Vegas, Nevada, location, in

10 violation of Section 704 of Title VII, 42 U.S.C. § 2000e-3 by retaliating against Laura Barr for

11 opposing the harassment described in paragraph 8 above. Specifically, Defendant Employer

12 took an adverse employment action against Ms. Barr when it refused and failed to promote her

13 into a position for which she interviewed and was qualified, because she engaged in the protected

14 activity of complaining to Defendant Employer of the hostile environment.

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9. The effect of the practices complained of in paragraphs 8-9 above has been to

16 deprive Laura Barr and a class of women of equal employment opportunities and otherwise

17 adversely affect their status as employees, because of their sex, female.

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10. The unlawful employment practices complained of in paragraphs 8-9 above were

19 and are intentional.

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11. The unlawful employment practices complained of in paragraphs 8-9 above were

21 and are done with malice or with reckless indifference to the federally protected rights of Laura

22 Barr and a class of women.

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PRAYER FOR RELIEF

24

Wherefore, the Commission respectfully requests that this Court.:

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A. Grant a permanent injunction enjoining Defendant Employer, its officers,

26 successors, assigns, and all persons in active concert or participation with it, from engaging in

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1 sexual harassment, retaliation and any other employment practice which discriminates on the

2 basis of sex.

3

B. Order Defendant Employer to institute and carry out policies, practices, and

4 programs which provide equal employment opportunities for women, and which eradicate the

5 effects of its past and present unlawful employment practices.

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C. Order Defendant Employer to make whole Laura Barr, by providing appropriate

7 backpay with prej udgment interest, in amounts to be determined at trial, and other affirmative

8 relief necessary to eradicate the effects of its unlawful employment practices, including but not

9 limited to promotion of Ms. Barr and restoration of benefits and seniority.

10

D. Order Defendant Employer to make whole Laura Barr and a class of women, by

11 providing compensation for past and future pecuniary losses resulting from the unlawful

12 employment practices described in paragraphs 8-9 above, in amounts to be determined at trial.

13

E. Order Defendant Employer to make whole Laura Barr and a class of women by

14 providing compensation for past and future nonpecuniary losses resulting from the unlawful

15 practices complained of in paragraphs 8-9 above, including emotional pain, suffering,

16 inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.

17

F. Order Defendant Employer to pay Laura Barr and a class of women punitive

18 damages for its malicious and reckless conduct described in paragraphs 8-9 and 12 above, in

19 amounts to be determined at trial.

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G. Grant such further relief as the Court deems necessary and proper in the public

21 interest.

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H. Award the Commission its costs of this action.

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1

JURY TRIAL DEMAND

2

The Commission requests a jury trial on all questions of fact raised by its complaint.

3

James L. Lee

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Deputy General Counsel

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Gwendolyn Young Reams

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Associate General Counsel

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Anna Y. Park-~

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Regional Attorney

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 Case 2:05-cv-01206-JCM-GWF Document 32 Filed 05/14/2007 Page 1 of 21

I Anna Y. Park Peter F. Laura
2 Derek W. Li EQUAL EMPLOYMENT
3 OPPORTUNITY COMMISSION 255 East Temple Street, 4th Floor
4 Los Angeles CA 90012 Telephone: (213) 894-1083
5 FacsImile: (213) 894-1301

6 Attom~s for Plaintiff EOUAL EMPLOYMENT
7 OPPORTUNITY COMMISSION

Patrick H. Hicks 8 Wendy Medura Krincek
Rorrr Grandgenett 9 LI LER MENDELSON
3960 Howard Hughes Parkway, Suite 300 JO Las Vegas NY 89109-8811
Telephone: (702) 862-8800 ii FacsImile: (310) 862-8811

12 AttofI!eys for Defendant AMERICA WEST AIRLINES, INC.
I3
UNITED STATES DISTRICT COURT
14
DISTRICT OF NEVADA
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16
17 EQUAL EMPLOYMENT 18 OPPORTUNITY COMMISSION,

Case No. CV S-05-1206 JCM GWF

Plaintiff,
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v.

AMENDED CONSENT DECREE; ORDER

AMERICA WEST AIRLINES, INC.
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Defendant.

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PURPOSE OF AMENDMENT

2

PlaintiffD.S. Equal Employment Opportunity Commission (the "EEOC" or

3 "Commission") and Defendant America West Airlines, Inc. ("America West")

4 hereby submit this Amended Consent Decree; Order seeking amendment ofthe

5 Consent Decree; Order entered by the Court on March 20, 2007 (Docket #30).

6 Amendment is necessary because Exhibit A to the Consent Decree; Order

7 submitted to the Court was inadvertently omitted. Exhibit A is a notice to be

8 signed by the Court and posted in a location visible to employees pursuant to

9 Section IX.B. This Amended Consent Decree; Order is otherwise identical to the

10 Consent Decree; Order entered by the Court on March 20, 2007. The parties

j j jointiy request that the Court enter this Amended Consent Decree; Order and

12 execute Exhibit A.

13

I.

14

INTRODUCTION

15

Plaintiff U.S. Equal Employment Opportunity Commission (the "EEOC" or

16 "Commission") and Defendant America West Airlines, Inc. ("America West")

17 hereby stipulate and agree to entry of this Consent Decree to resolve the

18 Commission's complaint, filed under Title VII of the Civil Rights Act of 1964, as

19 amended, 42 U.S.C. § 2000e et seq. ("Title VII"), alleging that Charging Party

20 Laura Barr ("Charging Party"), and other similarly situated individuals were

21 subjected to unlawful employment practices on the basis of sex, female. The

22 Commission's complaint further alleges that Charging Party Laura Barr was

23 subjected to unlawful retaliation in violation of Title VII.

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AMENDED CONSENT DECREE; ORDER

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1

II.

2

PURPOSES AND SCOPE OF THE CONSENT DECREE

3 A. The parties to this Consent Decree ("Decree") are the EEOC and America

4 West. The scope of this Decree encompasses America West's facility located at

5 McCarran International Airport in Las Vegas, Nevada. This Decree shall be

6 binding on and enforceable against America West and its officers, directors,

7 agents, successors and assigns.

8 B. The parties have entered into this Decree for the following purposes:

9

1. To provide appropriate monetary and injunctive relief;

10

2. To ensure that America West's employment practices comply with

i i federal law;

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3. To ensure a work environment free from hostility and retaliation;

13

4. To ensure training for America West's managers with respect to their

14 obligations under Title VII; and

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5. To ensure an appropriate and effective mechanism for handling

16 discrimination complaints in the workplace.

17 C. This Decree resolves all claims the EEOC has brought or could have brought

18 against America West arising out ofthis Complaint. This Decree does not

19 constitute an adjudication on the merits of the allegations of the Complaint and

20 does not constitute an admission of wrongdoing by anyone.

21 D. There is no determination implied or expressed in this Decree regarding

22 whether the current policies practices and procedures of America West comply

23 with Title VII.

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AMENDED CONSENT DECREE; ORDER

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III.

2

RELEASE OF CLAIMS

3 A. This Decree fully and completely resolves all issues, claims and allegations

4 by the EEOC against America West that are raised or could have been raised in the
u.s. 5 complaint captioned Equal Employment Opportunity Commission v. America

6 West Airlines, Inc., Case No. CV S-05-1206 JCM GWF (the "Complaint") filed

7 on September 30, 2005, in the United States District Court, District of Nevada (the

8 "Court").

9 B. Except as otherwise stated in Section VII, nothing in this Decree shall be

IO construed to preclude any party from bringing suit to enforce this Decree in the

iii event that any party hereto fails to perform the promises and representations

12 contained herein.

13 C. Nothing in this Decree shall be construed to limit or reduce America West's

14 obligation to comply fully with Title VII or any other federal employment statute.

15 D. Except as otherwise stated in Section III. A, this Decree in no way affects

16 the EEOC's right to bring, process, investigate or litigate other charges that may be

17 in existence or may later arise against America West in accordance with standard

18 EEOC procedures.

19

IV.

20

JURISDICTION

21 A. The Court has jurisdiction over the parties and the subject matter of this

22 lawsuit. This Decree conforms with the Federal Rules of Civil Procedure and Title
I 23 VII and is not in derogation of the rights or privileges of any person.

24 B. The Court shall retain jurisdiction ofthis action during the duration of the

25 Decree for the purposes of entering all orders, jUdgments and decrees that may be

26 necessary to implement the relief provided herein.

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AMENDED CONSENT DECREE; ORDER

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V.

2

EFFECTIVE DATE AND DURATION OF DECREE

3 A. The provisions and agreements contained herein are effective immediately

4 upon the date that this Decree is entered by the Court (the "Effective Date").

5 B. Except as otherwise provided herein, this Decree shall remain in effect for

6 three (3) years after the Effective Date.

7

VI.

8

MODIFICATION AND SEVERABILITY

9 A. This Decree constitutes the complete understanding ofthe parties with

10 respect to the matters contained herein. No waiver, modification or amendment of

11 any provision of this Decree win be effective unless made in writing and signed by

12 an authorized representative of each of the parties.

13 B. If one or more provisions of the Decree are rendered unlawful or

14 unenforceable, the parties shall make good faith efforts to agree upon appropriate

15 amendments to this Decree in order to effectuate the purposes of the Decree. In

16 any event, the remaining provisions will remain in full force and effect unless the

17 purposes of the Decree cannot, despite the parties' best efforts, be achieved.

18 C. By mutual agreement of the parties, this Decree may be amended or

19 modified in the interests ofjustice and fairness in order to effectuate the provisions

20 of this Decree.

21

VII.

22

COMPLIANCE AND DISPUTE RESOLUTION

23 I A. The parties expressly agree that either party may bring an action before this

24 Court to enforce the Decree if it has reason to believe that the other party has failed

25 to comply with any provision of this Decree. Prior to initiating such action, such

26 party will notifY the other party and its legal counsel of record, in writing, of the

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AMENDED CONSENT DECREE; ORDER

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1 nature ofthe dispute. This notice shall specifY the particular provision(s) allegedly

2 breached.

3 B. Absent a showing that the delay will cause irreparable harm, the parties shall

4 attempt to negotiate a resolution over the thirty (30) day period following written

5 notice of the alleged breach. The parties agree to cooperate with each other and

6 use their best efforts to resolve any dispute referenced in such notice.

7 C. After thirty (30) days have passed with no resolution or agreement to extend

8 the time further, either party may petition this Court for resolution of the dispute,

9 seeking all available relief, including an extension of the term of the Decree for

10 such period of time as America West is shown to be in breach of the Decree.

11

VIII.

12

MONETARY RELIEF

13 A. In settlement of this lawsuit, America West shall pay a total of$l 00,000 to

14 resolve this action. Charging Party Laura Barr shall receive $50,000 of which

15 $25,000 shall be designated as back pay and the remaining $25,000 shall be

16 designated as compensatory damages. The balance ofthe $100,000 to be paid by

17 America West shall be distributed to the Claimants. EEOC has the sole discretion

18 in determining who is a Claimant, and the allocation of monetary amounts to each

19 of them.

20 B. Upon entry of this Decree, the EEOC shall provide in writing to America

21 West the specific monetary distribution that is to be provided to the Claimants and

22 their respective addresses to where the checks should be delivered (the
! 23 "Distribution List"). America West shall issue and deliver by certified mail with

24 receipt requested, or via hand-delivery to any Claimant that is a current employee

25 of America West, a check to each Claimant specified by the EEOC within ten (10)

26 business days of receiving the Distribution List.

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AMENDED CONSENT DECREE; ORDER
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C. America West shall deliver, via certified mail or hand-delivery, a check to the

2 Charging Party. FICA and federal and state withholding taxes shall be deducted

3 from the amount that is designated as back pay for the Charging Party only. Such

4 payment is conditioned upon Charging Party's execution of a Release Agreement

5 including provisions related to a full release of claims existing as the date of

6 execution ofsuch agreement and a confidentiality provision. America West agrees

7 to pay reasonable attorney's fees incurred by Charging Party in connection with a

8 review of a proposed Release Agreement by her attorney, Richard Segerblom,

9 Esq., which fees are to be limited to a one hour review of such document. America

10 West shall deliver the payment described in this paragraph within ten (10) business

11 days after the execution of the Release Agreement.

12 D. The amounts payable to the Claimants shall be designated as compensatory

13 damages. America West shall pay the employer's share of FUTA and FICA on the

14 Charging Party's back pay amount and shall not deduct it from the settlement

15 amount. For those amounts designated as compensatory damages, no withholding

16 will be made. America West shall prepare and distribute W-2 and 1099 tax

17 reporting forms to Charging Party and the appropriate tax reporting form for each

18 Claimant, and shall make appropriate reports to the Internal Revenue Service and

19 other tax authorities. Within five (5) business days of the issuance of each and

20 every settlement check, America West shall submit a copy of each check and

21 related correspondence to the Regional Attorney, Anna Y. Park, U.S. Equal

22 Employment Opportunity Commission, 255 East Temple Street, 4th Floor, Los
23 I Angeles, CA. 90012.
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AMENDED CONSENT DECREE; ORDER

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IX.

2 3 A.

GENERAL INJUNCTIVE RELIEF Non-Discrimination

4

1. Harassment Based on Sex

5

America West, its officers, agents, management (including all supervisory

6 employees), successors, and assigns, hereby agree not to: (a) harass or tolerate

7 harassment against persons on the basis of sex in the terms and conditions of

8 employment; (b) engage in or be a party to any action, policy or practice that is 9 intended or is known to them to have the effect of harassing or intimidating any

10 employee on the basis of sex; and (c) create, facilitate or permit the existence of a 11 work environment that is hostile to female employees.

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2. Retaliation

13

America West, its officers, agents, management (including all supervisory

14 employees), successors, assigns, hereby agree not to engage in, implement or 15 permit any action, policy or practice with the purpose of retaliating against any 16 current or former employee or applicant of America West, or either of them, 17 because he or she has in the past, or during the term of this Decree in good faith:

18 (a) opposed any practice made unlawful under Title VII; (b) filed a charge of

19 discrimination alleging such practice; (c) testified or participated in any manner in 20 any investigation (including, without limitation, any internal investigation 21 undertaken by America West) or proceeding in connection with this case and/or

22 relating to any claim of a Title VII violation; (d) was identified as a possible
I23 witness or claimant in this action; (e) asserted any rights under this Decree; or
24 (1) sought or received any reliefin accordance with this Decree.

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B. Posting

2

Within ten (10) business days after the Effective Date and throughout the

3 tenn of this Decree, America West shall post notice in the fonn attached as Exhibit

4 A, in a clearly visible location frequented by employees at its facility at McCarran

5 International Airport. The notice shall remain posted for three (3) years.

6 C. Equal Employment Opportunity Consultant

7

Within thirty (30) days after the Effective Date, America West shall retain

8 an Equal Employment Opportunity Consultant ("Consultant") with demonstrated

9 experience in the area of employment discrimination and sexual harassment issues,

10 to provide the services fndicated in this Decree. The Consultant shall be subject to

i i the Commission's approval, which shaH not be unreasonably withheld. America

12 West shall propose a Consultant to the Commission. If the Commission does not

13 approve America West's proposed Consultant, the Commission shall provide

14 America West with a list of at least three suggested candidates acceptable to the

15 Commission. If the three EEOC suggested consultants are not acceptable, America

16 West must counter-propose, within ten days of its rejecting the EEOC's listed

17 consultants, with another Consultant for the EEOC's approval, which shall not be

18 unreasonably withheld. If America West and the EEOC can not agree on a

19 Consultant, they will each provide the names and infonnation regarding the

20 qualifications of up to three consultants that would be acceptable to each to the

21 Court. The Court will then select a consultant from the candidates submitted by

22 EEOC and America West. America West shall bear all costs associated with the
231 Consultant's perfonnance ofhis/her/its duties. The Consultant's responsibilities

24 shall be:

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AMENDED CONSENT DECREE; ORDER

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1. a review of America West's procedures to handle complaints of

2 discrimination, harassment and retaliation to ensure compliance with its

3 obligations under this Decree;

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2. a review of America West's anti- harassment policy and reporting

5 procedure to ensure they effectively carry out its obligations under this Decree;

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3. a review of America West's policies to ensure that such policies hold

7 employees and managers accountable for failing to take appropriate action or for

8 engaging in conduct prohibited under this Decree;

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4. a review of a tracking system to be implemented by America West

10 with respect to its facilities at McCarren International Airport to ensure that such

ii' system tracks complaints of discrimination, harassment and retaliation so as to

12 allow America West to identifY individuals that have been the subject of more

13 than one such complaint; and

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5. submitting to the EEOC a brief report on America West's compliance

15 with the foregoing provisions.

16 D. Policies Concerning Discrimination and Harassment

17

1. America West agrees to maintain its policy on discrimination and

18 sexual harassment (which is referenced in Section IX.C.2) (the "Policy") at all

19 times during the term of this Decree. Further, within ten (10) business days after

20 the Consultant submits his or her report to the EEOC pursuant to Section IX.C.5,

21 America West shall provide electronic notice to all customer service employees at

22 its facilities at McCarran International Airport of their obligation to review the
II23 Policy and the steps to follow to access the Policy. Throughout the term of this I
24 Decree, America West will post the Policy, in a place that is clearly visible to all

25 employees at its Las Vegas facility in a legible font.

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AMENDED CONSENT DECREE; ORDER

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2. For the duration of the term of this Decree, America West agrees that

2 the Policy:

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(a) may encourage resolution of internal complaints at a local

4

level prior to investigation, but not require such informal resolution. A

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complainant shall not be required to first report the complaint to a person

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who is accused of the inappropriate conduct to invoke the internal

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complaint procedure;

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(b) will permit, but not reqUIre, an employee to initiate the

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complaint process by submitting a written complaint on a form designed for

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the purpose;

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(c) win be maintained so as to provide for nondiscrimination and

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equal treatment, including a policy of zero tolerance for unlawful

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discrimination, in all of its employment practices;

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(d) will provide that it is unacceptable to retaliate against any

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employee for use of the internal complaint procedure, for assisting in the

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investigation of a complaint, or for otherwise assisting in the utilization of

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the procedure; and

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(e) will provide that if an allegation of discrimination or retaliation

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against a manager or other employee is substantiated, then such conduct will

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result in appropriate discipline, up to and including discharge.

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3. The Policy is not intended to supplant the right of any employee to

22 file a charge or complaint of discrimination or retaliation under any available
23 I municipal, state, or federal law. I
24 E. Training

25

Within one hundred twenty (120) days after the Effective Date, all of

26 America West's managerial employees in its Customer Service Department and

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human resources employees located at its Las Vegas facility shaIl be required to

2 attend an intensive training program of at least one (1) hour. The training shaIl be

3 mandatory and occur once every year for the term of this Decree. Any employee

4 who failed to attend scheduled training shall be trained within (30) days of the live

5 training set forth above.

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1. All such employees' training shall include coverage of the subjects of

7 equal employment opportunity rights and responsibilities, discrimination,

8 harassment, retaliation, and America West's policies and procedures for reporting

9 and handling complaints of discrimination, harassment and retaliation.

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2. The training shaIl additionally include training on how to properly

i i handle and investigate complaints of discrimination and/or harassment in a neutral

12 manner, how to take preventive and corrective measures against discrimination

13 and/or retaliation, and how to recognize and prevent discrimination and/or

14 retaliation.

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3. For the remainder of the term ofthis Decree, all new managerial and

16 human resources employees and all employees recently promoted from a

17 stafflhourly to a managerial position in America West's Las Vegas facility shall

18 receive the managerial employee training, as appropriate, within thirty (30) days of

19 hire or promotion.

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4. After the initial training as specified above, all managerial and human

21 resources employees shaIl receive the training at least annually thereafter for the

22 remainder of the term of this Decree.

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5. All employees required to attend such training shall verifY their annual

24 attendance at each training session in writing.

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6. Within fifteen (15) days after the Consultant has submitted the report

26 described in Section IX.C.S, America West shall submit to the EEOC a description

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1 of the training to be provided and an outline of the curriculum developed for the

2 trainees. America West shall give the EEOC a minimum often (10) business days'

3 advance written notice of the date, time and location of each of the three annual

4 training programs provided pursuant to this Decree, and agrees that an EEOC

5 representative may attend any such training program.

6

7. Human Resources training shall be specific to their obligations,

7 including the handling and investigating of complaints of discrimination and

8 retaliation. This training shall be above and beyond the supervisor/manager

9 training as set forth above.

10 F. Performance Evaluations

11

During the term of this Decree, America West agrees to use performance

12 evaluations (to effectuate Section IX.C.3) at its Las Vegas facility to evaluate

13 management employees as to their handling of complaints of harassment,

14 discrimination and retaliation and fostering an environment free of harassment,

15 discrimination and retaliation.

16 G. Complaint Procedure

17

During the term of this Decree, America West agrees to maintain an internal

18 policy (to effectuate Section IX.C.l) regarding proper procedures to follow in

19 handling complaints of harassment, discrimination and retaliation. America West

20 will further maintain for the term of this Decree the toll-free number currently

21 made known to employees in connection with America West's Code of Business

22 Conduct & Ethics policy and will investigate any complaints of harassment,

23 discrimination or retaliation reported on this toll free number pursuant to its

24 internal policy referenced herein.

25

26

27

13

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AMENDED CONSENT DECREE; ORDER

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X.

2

RECORD KEEPING AND REPORTING

3 A. Record Keeping

4

America West shall establish a record-keeping procedure that provides for

5 the centralized tracking of discrimination complaints and the monitoring of such

6 complaints to prevent retaliation. The records to be maintained shall include:

7

1. All documents generated in connection with any complaint of

8 discrimination or retaliation for the duration ofthe Decree, including documents

9 related to the investigation into, or resolution of, each such complaint;

10

2. The identities of the parties involved is each such complaint;

i i

3. AU forms acknowledging employees' receipt of America West's

12 discrimination and anti-retaliation policy, including any revisions thereto. Where

13 the relevant policy is distributed or made known to employees electronically,

14 America West will maintain a sample notice to employees of the availability of the

15 policy in electronic format;

16

4. All documents verifYing the occurrence of all training sessions and

17 names and positions of all attendees for each session as required under this Decree;

18 and

19

5. Documents tracking and analyzing complaints filed against the same

20 employee and location.

21 B. Reporting

22

America West shall provide, without assertion of the attorney-client

I23 privilege or attorney work product, the following reports to the EEOC in writing,

24 :Iby mail or facsimile:

25

1. Within ninety (90) days after the Effective Date, America West shall

26 submit to the EEOC an initial report that contains:

27

14

28

AMENDED CONSENT DECREE; ORDER

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(a) A statement confirming that the required notices pertaining to

2

this Decree and the discrimination and anti-retaliation policies have been

3

posted; and

4

(b) A statement verifying that a notice alerting employees to the

5

existence and location of America West's discrimination and anti-retaliation

6

policy referenced in Section IX. D. herein has been sent electronically to all

7

customer service and human resources employees in America West's Las

8

Vegas facility.

9

2. Annual Reports: America West shall also provide the following

10 reports to the EEOC annually throughout the term of this Decree:

Ii

(a) A description of the dates of training sessions, if any, held

12

during the prior 12 month period and a statement that attendance records for

13

such sessions are available for inspection;

14

(b) A statement regarding whether acknowledgments of receipt of

15

the discrimination and harassment policy has been received for all

16

employees hired during the previous twelve months at its Las Vegas facility

17

and a statement that such acknowledgements are available for inspection;

18

(c) A report detailing any changes of the procedures or record-

19

keeping methods for centralized tracking of discrimination complaints and

20

the monitoring of such complaints within thirty (30) days before

21

implementing such changes.

22
23

3.

I Semi-Annual Reports:
(a) Throughout the term of this Decree, America West shall submit

24

semi-annual reports to the EEOC regarding internal complaints of

25

discrimination or harassment at its Las Vegas facility during the applicable

26

reporting period.

27

15

28 II-------------------~A-M~E-N-DE~D-C~O~N-·S-E~N~T~D~E~CR-E-E-;~O-RD-E-R--------------------1

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(b) For each internal complaint, the semi-annual reports shall

2

(i) summarize the nature of the complaint, (ii) list the date the complaint was

3

received, (iii) list the date the complaint was resolved, (iv) summarize

4

America West's findings, and (v) summarize any corrective action and/or

5

discipline taken in response to the complaint.

6

(c) The semi-annual reports shall enable the tracking of multiple

7

complaints by or against a single employee.

8

(d) In conjunction with each semi-annual report, an Employee

9

Relations representative at the Director level or higher shall audit each

10

internal complaint investigation to ensure that such complaints were handled

i i

in accordance with America West's internal policy for handling complaints

12

of harassment, discrimination and retaliation, especially with respect to

13

multiple complaints received regarding the same individual. The semi-

14

annual report shall include information on the results ofthe audit.

15

(e) Anna Y. Park, Peter F. Laura and/or Derek W. Li shall review

16

the semi-annual reports on behalf of the EEOC. If, after reviewing any

17

semi-annual report, they have concerns that America West may have failed

18

to appropriately investigate or respond to an internal complaint, then they

19

may request and review particular documents related to such internal

20

complaint. If America West objects to all or part of any such document

21

request, then the parties shall utilize the dispute resolution process set forth

22

in Section VII.

25 26 27
28
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XI.

2

COSTS OF ADMINISTRATION AND IMPLEMENTATION

3

OF CONSENT DECREE

4

America West shall bear all costs associated with its administration and

5 implementation of its obligations under this Decree.

6

XII.

7

COSTS AND ATTORNEYS' FEES

8

Each party shall bear its own costs of suit and attorneys' fees.

9

XIII.

10

MISCELLANEOUS PROVISIONS

II A. During the term of this Decree, America West shall provide any potential

12 successor-in-interest with a copy of this Decree within a reasonable time of not less

13 than thirty (30) days prior to the execution of any agreement for acquisition or

14 assumption of control of any or all of America West's facilities, or any other

15 material change in corporate structure, and shall simultaneously inform the EEOC

16 of same.

17 B. During the term of this Decree, America West and its successors shall assure

18 that each of its officers, managers and supervisors is aware of any term(s) of this

19 Decree that may be related to hislher job duties.

20 C. Unless otherwise stated, all notices, reports and correspondence required

21 under this Decree shall be delivered to the attention of the Regional Attorney,

22 Anna Y. Park, U.S. Equal Employment Opportunity Commission, Los Angeles
I
23 District Office, 255 E. Temple St., 4th Fl., Los Angeles, CA. 90012.

24 / I /

25 / / /

26 / / I

27

17

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AMENDED CONSENT DECREE; ORDER

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D. The parties agree to entry of this Decree and judgment subject to final

2 approval by the Court.

3

4 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
5

6~~~~~~~~~

7 Anna Y. Park, Regional Attorney

Attorneys for Plaintiff

!Dr 11 : Date:

III

AMERICA WEST AIRLINES, INC.
By: ~n.thr:= Kevin M. Horan, Managing Director HR Programs and ServIces
Date: •~J 1-';;;: J ?A">O{

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16 17 18 19
20 21
22
23 II
24
25 26 27
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18 AMENDED CONSENT DECREE; ORDER

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AMENDED ORDER

2

GOOD CAUSE APPEARING:

3

The Court hereby retains jurisdiction and the provisions of the

4 foregoing Consent Decree are hereby approved and compliance with all provisions

5 thereof is HEREBY ORDERED. This Order supresedes and replaces the

6 "Consent Decree; Order" entered by the Court on March 20, 2007 (Docket #30).

7

IT SO ORDERED.

8

May 9

Dated: _ _ _ _ _, 2007

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10

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14

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27

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AMENDED CONSENT D ECREE; ORDER
28

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EXHIBIT A

Case 2:05-cv-01206-JCM-GWF Document 312 Filed 045/2174/2007 Page 21 of 21

NOTICE TO ALL EMPLOYEES

This Notice is posted pursuant to a Consent Decree entered by the federal court in EEOC v. America West Airlines, Inc., Case No. CV S 05-1206 JCM GWF (D. Nev.), settling a lawsuit filed by the U.S. Equal Employment Opportunity Commission ("EEOC").

In its suit, the EEOC alleged that America West sUbjected a class of employees to sexual harassment and an employee to retaliation in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). America West denies the allegations.

To resolve this lawsuit, the parties have entered into a Consent Decree that requires America West to:

1) provide monetary relief to the class of employees;

2) not permit sexual harassment in the future;

3) Retain a consultant to revi ew America West's employment policies;

4) provide periodic reports to the EEOC summarizing any complaints of sexual harassment; and

5) provide additional training to management and human resources employees in Las Vegas, Nevada regarding investigating and responding to complaints of sexual harassment.

The EEOC enforces the federal laws against discrimination in employment on the basis of disability, race, color, religion, national origin, sex, pregnancy, and age. lfyou believe you have been discriminated against, you may contact the EEOC at 333 Las Vegas Boulevard South, Suite 8112, Las Vegas, NV (702) 388-5099. The EEOC charges no fees and has employees who speak languages other than English.

No action may be taken against you by any management official of America West for: (1) opposing discriminatory practices made unlawful by federal law, (2) filing a charge or assisting or participating in the filing of a charge of discrimination, or (3) assisting or participating in an investigation brought under Title VII. Should any such retaliatory actions be taken against you, you should contact the EEOC at the address listed above.

THIS IS At... OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE

This Notice must remain posted for three (3) years from the date below and must not be altered, defaced or covered by any other material.

May 9, 2007 Date:_ _ _ _ _ _ __ _

~-t.-. -~---

 
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CLOSED, ENE
United States District Court District of Nevada (Las Vegas) CIVIL DOCKET FOR CASE #: 2:05-cv-01206-JCM-GWF

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. AMERICA WEST AIRLINES, INC. Assigned to: Judge James C. Mahan Referred to: Magistrate Judge George W Foley, Jr
Magistrate Judge Peggy A. Leen (Settlement) Cause: No cause code entered

Date Filed: 09/30/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
U.S. Equal Employment Opportunity Commission

represented by Anna Park U.S. Equal Employment Opportunity Commission 255 East Temple Street 4th Floor Los Angeles, CA 90012213-894-1083 Email: anna.park@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter F. Laura United States Equal Employment Opportunity Commission Legal Unit 255 East Temple Street 4th Floor Los Angeles, CA 90012(213) 894-1000 Fax: 213-894-1118 Email: peter.laura@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant America West Airlines, Inc.

represented by Wendy M. Krincek Littler Mendelson, PC 3960 Howard Hughes Parkway Suite 300 Las Vegas, NV 89169-5937 702-862-8800 Fax: 702-862-8811

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Email: wkrincek@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Roger L Grandgenett Littler Mendelson, PC 3960 Howard Hughes Parkway Suite 300 Las Vegas, NV 89109 Email: rgrandgenett@littler.com ATTORNEY TO BE NOTICED

Date Filed 09/30/2005 09/30/2005 01/06/2006 01/06/2006 01/13/2006
02/14/2006 02/17/2006 02/22/2006
02/27/2006
03/03/2006

#

Docket Text

1 COMPLAINT by Plf w/jury demand. (Entered: 10/05/2005)
SUMMONS ISSUED (1) as to Dft. (Entered: 10/05/2005)
2 ANSWER to 1 Complaint by Defendant America West Airlines, Inc.. Certificate of Interested Parties due by 1/16/2006. Discovery Plan due by 2/20/2006.(Krineck, Wendy) (Entered: 01/06/2006)
3 CERTIFICATE of Interested Parties Local Rule 10-6 by Defendant America West Airlines, Inc.. (Krineck, Wendy) (Entered: 01/06/2006)
4 ORDER. Early Neutral Evaluation Session set for 2/28/2006 01:30 PM, Room 3071, Lloyd D. George United States Courthouse, before Magistrate Judge Peggy A. Leen Signed by Judge Peggy A. Leen on 1/13/06. (MMM, ) (Entered: 01/18/2006)
5 STIPULATION Discovery Plan and Scheduling Order (request to extend discovery period) by Defendant America West Airlines, Inc.. (Krincek, Wendy) (Entered: 02/14/2006)
6 ORDER OF RECUSAL. Judge Robert J. Johnston recused. Signed by Judge Robert J. Johnston on 02/17/2006. (MXS) (Entered: 02/17/2006)
7 ORDER: Case is hereby assigned to Magistrate Judge George W Foley, Jr for all further proceedings. The Clerk's Office is ordered to change the case number to 2:05-cv-1206-JCM-GWF Signed by Judge Philip M. Pro on 2/22/06. (Jensen, Cynthia) (Entered: 02/22/2006)
8 ORDER re 5 Stipulation filed by America West Airlines, Inc.,. Discovery due by 10/3/2006. Motions due by 11/2/2006. Proposed Joint Pretrial Order due by 12/4/2006. Status Report due by 8/4/2006. Signed by Judge George W Foley Jr. on 2/27/06. (MAJ) (Entered: 03/01/2006)
9 MINUTES OF PROCEEDINGS - Early Neutral Evaluation Conference held on 3/3/2006 before Judge Peggy A. Leen.Pla Counsel: Gregory Knight; Def Counsel: Wendy Krincek;. (AXM, ) (Entered: 03/03/2006)

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04/21/2006 05/12/2006
06/22/2006 07/05/2006 07/06/2006
07/14/2006 07/18/2006 09/21/2006
10/06/2006
10/18/2006 11/02/2006 11/06/2006
11/20/2006 12/01/2006

10 NOTICE of Hearing: TELEPHONIC Status Hearing set for 5/11/2006 04:30 PM before Magistrate Judge Peggy A. Leen. (AXM, ) (Entered: 04/21/2006)
11 MINUTE ORDER IN CHAMBERS of the Honorable Peggy A. Leen, U.S. Magistrate Judge on 5/12/2006. Telephonic status conference conducted 5/12/2006. ORDERED Counsel for defendant shall take deposition of Ms. Laura Barr. Second ENE session set for 6/27/2006 @1:30pm. (RFJ) (Entered: 05/17/2006)
12 AMENDED ENE NOTICE: Early Neutral Evaluation set for 7/21/2006 01:30 PM before Magistrate Judge Peggy A. Leen. (AXM) (Entered: 06/22/2006)
13 STIPULATION AND ORDER EXTENDING DISCOVERY by Defendant America West Airlines, Inc.. (Grandgenett, Roger) (Entered: 07/05/2006)
14 ORDER ON STIPULATION re 13 Stipulation., SCHEDULING ORDER. Discovery due by 1/2/2007. Motions due by 2/1/2007. Proposed Joint Pretrial Order due by 3/5/2007. Signed by Judge George W Foley Jr. on 7/6/06. (AXM) (Entered: 07/06/2006)
15 STIPULATION to Continue ENE Conference Date by Plaintiff U.S. Equal Employment Opportunity Commission. (Laura, Peter) (Entered: 07/14/2006)
16 ORDER ON STIPULATION re 15 Stipulation to continue ENE. Signed by Judge Peggy Leen on 7/18/06. (AXM) (Entered: 07/18/2006)
17 MINUTES OF PROCEEDINGS - Early Neutral Evaluation Conference held on 9/21/2006 before Judge Peggy A. Leen.Pla Counsel: Peter F. Laura; Def Counsel: Roger Grandgenett;. Status Conference set for 10/5/2006 08:45 AM before Magistrate Judge Peggy A. Leen. (AXM) (Entered: 09/26/2006)
18 MINUTES OF PROCEEDINGS - Early Neutral Evaluation Conference held on 10/6/2006 before Judge Peggy A. Leen.Pla Counsel: Peter Laura; Def Counsel: Roger Grandgenett;. Status Conference set for 10/19/2006 08:45 AM before Magistrate Judge Peggy A. Leen. (AXM) (Entered: 10/06/2006)
19 NOTICE of Hearing: Status Conference set for 11/3/2006 08:45 AM before Magistrate Judge Peggy A. Leen. 10/19/06 ENE Status Conference is vacated.(AXM) (Entered: 10/18/2006)
20 STATUS REPORT Interim by Plaintiff U.S. Equal Employment Opportunity Commission. (Laura, Peter) (Entered: 11/02/2006)
21 MINUTE ORDER IN CHAMBERS of the Honorable Peggy A. Leen, U.S. Magistrate Judge on 11/6/2006. Telephonic Status Conference set for 11/17/2006 08:45 AM before Magistrate Judge Peggy A. Leen. Parties shall contact chambers on 11/16/06 by 4:00pm to provide the numbers at which they can be reached for the telephonic conference. (AAB) (Entered: 11/07/2006)
22 NOTICE of Hearing: Rescheduled from 11/17/06. Status Conference set for 12/1/2006 09:15 AM before Magistrate Judge Peggy A. Leen. (AXM) (Entered: 11/20/2006)
23 MINUTE ORDER IN CHAMBERS of the Honorable Peggy A. Leen, U.S. Magistrate Judge on 12/1/2006. Status Conference set for 12/14/2006 09:15 AM

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12/14/2006 12/22/2006 01/03/2007
02/02/2007 02/28/2007 03/15/2007 03/20/2007 04/27/2007 05/14/2007

before Magistrate Judge Peggy A. Leen. (AXM) (Entered: 12/05/2006)
24 MINUTE ORDER IN CHAMBERS of the Honorable Peggy A. Leen, U.S. Magistrate Judge on 12/14/2006. Status regarding Early Neutral Evaluation: Case should be returned to the normal litigation track. (LMC) (Entered: 12/15/2006)
25 STIPULATION Stipulation And order Extending Discovery [Second Request] by Defendant America West Airlines, Inc.. (Grandgenett, Roger) (Entered: 12/22/2006)
26 ORDER ON STIPULATION re 25 Stipulation Extending Discovery. Discovery due by 4/2/2007. Motions due by 5/2/2007. Proposed Joint Pretrial Order due by 6/1/2007. Signed by Judge George W Foley Jr. on 1/3/07. (MJZ) (Entered: 01/03/2007)
27 STATUS REPORT JOINT INTERIM STATUS REPORT by Defendant America West Airlines, Inc.. (Krincek, Wendy) (Entered: 02/02/2007)
28 STIPULATED/CONSENT JUDGMENT [Proposed] Consent Decree; Order by Plaintiff U.S. Equal Employment Opportunity Commission. (Park, Anna) (Entered: 02/28/2007)
29 STIPULATED/CONSENT JUDGMENT [Proposed] Consent Decree; Order by Plaintiff U.S. Equal Employment Opportunity Commission. (Park, Anna) (Entered: 03/15/2007)
30 CONSENT JUDGMENT. Signed by Judge James C. Mahan on 3/20/07. (AAB) (Entered: 03/22/2007)
31 STIPULATED/CONSENT JUDGMENT re 29 Stipulated/Consent Judgment; AMENDED CONSENT DECREE; ORDER by Defendant America West Airlines, Inc.. (Krincek, Wendy) (Entered: 04/27/2007)
32 CONSENT JUDGMENT. Signed by Judge James C. Mahan on 5/9/07. (AXM) (Entered: 05/14/2007)

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