Case 5:05-cv-03979-HRL Document 1 Filed 09/30/2005 Page 1 of 5

1 WILLIAMR. TAMAYO-#084965 (CA)

JONATHAN T. PECK -- #12303 (VA)

2 EVANGELINA FIERRO HERNANDEZ -- #168879 (CA)

EQUAL EMPLOYMENT OPPORTUNITY

!y:/. .

3 COMMISSION

San Francisco District Office

4 350 The Embarcadero, Suite 500

San Francisco, California 94105

5 Telephone: (415) 625-5622

Facsimile: (415) 625-5657

6

Attorneys for Plaintiff Equal Employment Opportunity Commission

7

8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

AL EMPLOYMENT OPPORTUNITY) Civil Action No.

Plaintiff,

el Q!iAIJ)

)

) Civil Rights - Employment Discrimination

14

)

BORLAND SOFTWARE CORP.,

)

15

) DEMAND FOR JURY TRIAL

Defendant.

)

16

)

)

17 ---------------------------)

18

NATURE OF THE ACTION

19

This is an action under the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of

20 1964 and Title I of the Civil Rights Act of 1991 to restrain the payment of compensation to an

21 employee of one sex in amounts less than the amounts paid to employees of the opposite sex, and

22 to correct unlawful employment practices on the basis of sex (female), race (Asian), and national

23 origin (Vietnamese) and to provide appropriate relief as a result of such unlawful practices.

24 Plaintiff alleges that Borland Software Corporation paid Tuyen Tran less than its white male

25 employees were paid for performing substantially equal work and otherwise discriminated

26 against Ms. Tran because of her sex, race, and national origin.

27

JURISDICTION AND VENUE

28

I. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

COMPLAINT FOR DISCRIMINATION

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1 1343 and 1345; see also Paragraph 3 below. This action is authorized and instituted pursuant to

2 Sections 16(c) and 17 ofthe Fair Labor Standards Act of 1938 (the FLSA), as amended, 29

3 U.S.C. §§ 216(c) and 217, to enforce the requirements of the Equal Pay Act of 1963, codified as

4 Section 6(d) of the FLSA, 29 U.S.c. § 206(d), and pursuant to Section 706(£)(1) and (3) of Title

5 VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. § 2000e-5(£)(l) and (3) (Title VII).

6 This action is also authorized and instituted pursuant to Section 102 of Title I of the Civil Rights

7 Act of 1991,42 U.S.C. § 1981a.

8

2. Intradistrict Assignment: The employment practices alleged to be unlawful were

9 committed in Santa Clara County within the jurisdiction of the United States District Court for

10 the Northern District of California.

11

PARTIES

12

3. Plaintiff, the Equal Employment Opportunity Commission ("the Commission"), is

13 the agency of the United States of America charged with the administration, interpretation, and

14 enforcement of the Equal Pay Act and Title VII, and is expressly authorized to bring this action

15 by Sections 16(c) and l70ftheFLSA,29U.S.C. §§ 216(c) and 217, as amended by Section 1 of

16 Reorganization Plan No. I of 1978,92 Stat. 3781, and Public Law 98-532 (1984),98 Stat. 2705;

17 and by Section 706(£)(1) and (3) ofTitle VII, 42 U.S.C. § 2000e-5(£)(I)and (3).

18

4. At all relevant times, Defendant, Borland Software Corporation ("Defendant

19 Employer"), has continuously heen a corporation, doing business in the State of California and

20 the County of Santa Clara, and has continuously had at least 15 employees.

21

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

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

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

24

6. At all relevant times, Defendant Employer has acted directly or indirectly as an

25 employer in relation to employees and has continuously been an employer within the meaning of

26 Section 3(d) of the FLSA, 29 U.S.C. § 203(d).

27

7. At all relevant times, Defendant Employer has continuously employed employees

28 engaged in commerce or in the production of goods for commerce within the meaning of

COMPLAINT FOR DISCRIMINATION

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Case 5:05-cv-03979-HRL Document 1 Filed 09/30/2005 Page 3 of 5

1 Sections 3(b), (i) and (j) of the FLSA, 29 U.S.C. § 203(b), (i) and (j).

2

STATEMENT OF TITLE VII CLAIMS

3

8. More than thirty days prior to the institution of this lawsuit, Tuyen Tran filed a

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

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

6

9. Since at least October 24, 2002, Defendant Employer has engaged in unlawful

7 employment practices at its Cupertino, California, location, in violation of Section 703(a)(1) of

8 Title VII, 42 U.S.C. § 2000e-2 (a)(l). Defendant Employer discriminated against Ms. Tran by

9 SUbjecting her to more adverse compensation, terms, and conditions of employment because of

10 her sex, race and national origin.

11

10. The effect of the practices complained of in paragraph 9 above has been to deprive

12 Ms. Tran of equal employment opportunities and otherwise adversely affect her status as an

13 employee, because of her sex, race and national origin.

14

II. The unlawful employment practices complained of in paragraph 9 above were

15 intentional.

16

12. The unlawful employment practices complained of in paragraphs 9 above were

17 done with malice or with reckless indifference to the federally protected rights of Ms. Tran.

18

STATEMENT OF EOUALPAY ACT CLAIMS

19

13. Since at least October 24,2002, Defendant Employer has violated Sections

20 6(d)(I) and 15(a)(2) of the FLSA, 29 U.S.C. §§ 206(d)(1) and 215(a)(2), by paying compensation

21 to Ms. Tran in its Cupertino, California facility, at rates less than the rates paid to male

22 employees in the same establishment for substantially equal work on jobs the performance of

23 which requires equal skill, effort, and responsibility, and which are performed under similar

24 working conditions.

25

14. As a result of the acts complained of above, Defendant Employer unlawfully has

26 withheld and is continuing to withhold the payment of compensation due to Ms. Tran.

27 II

28 II

COMPLAINT FOR DISCRIMINATION

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1

PRAYER FOR RELIEF

2

Wherefore, the Commission requests that this Court:

3

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

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

5 compensation discrimination and in any other employment practice which discriminates on the

6 basis of sex, race and national origin.

7

B. Grant a permanent injunction enjoining the Defendant Employer, its officers,

8 successors, assigns and all persons in active concert or participation with it, from discriminating

9 within any of its establishments between employees on the basis of sex, race and national origin

10 by paying compensation to employees of one sex, race and national origin at rates less than the

II rates at which it pays compensation to employees ofthe opposite sex, race and national origin for

12 substantially equal work on jobs the performance of which requires equal skill, effort, and

13 responsibility, and which are performed under similar working conditions.

14

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

15 programs which provide equal employment opportunities for women, Asians and Vietnamese

16 and which eradicate the effects of its past and present unlawful employment practices.

17

D. Order Defendant to make whole Ms. Tran, by providing appropriate backpay with

18 prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to

19 eradicate the effects of its unlawful employment practices, including but not limited to lost

20 compensation and frontpay.

21

E. Order Defendant to make whole Ms. Tran by providing compensation for past and

22 future pecuniary losses resulting from the unlawful practices described in paragraphs 9 and 13

23 above, in amounts to be determined at trial.

24

F. Order Defendant to make whole Ms. Tran by providing compensation for past and

25 future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 9

26 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and

27 humiliation, in amounts to be determined at trial.

28

G. Order Defendant to pay Ms. Tran punitive damages for its malicious and/or

COMPLAINT FOR DISCRIMINATION

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1 reckless conduct described in paragraph 9 above, in an amount to be determined at trial.

2

H. Grant a judgment requiring Defendant to pay appropriate back compensation in

3 amounts to be determined at trial, an equal sum as liquidated damages, and prejudgment interest

4 to Ms. Tran whose wages are being unlawfully withheld as a result of the acts complained of

5 above.

6

1.

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

7 interest.

8

J. Award the Commission its costs of this action.

9

JURy TRIAL DEMAND

10

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

11
12
13
14
15
16
17 Date:
18

James 1. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel
Equal Employment Opportunity Commission 1801 L Street, N.W. Washington, DC 20507
.,//// )~

19
20 Date: __~~~·\~~/_(~\~._____,2005
21
22 23 Date: ~-f-----'--~ 2005 24

"I,

1 \ 1_" ' __ ,->

,I, "",

. i
\
\1> i

JONATHAN T. PECK Supervisory Trial Attorney

25

26

Equal Employment Opportunity

CommissIOn

27

San Francisco District Office

350 The Embarcadero, Suite 500

28

San Francisco, California 94105

COMPLAINT FOR DISCRIMINATION

PageS

 
 Case 5:05-cv-03979-HRL Document 7 Filed 10/19/2005 Page 1 of 8

*E-filed 10/19/05*

WILLIAM R. TAMAYO – #084965 (CA) 1 JONATHAN T. PECK -- #12303 (VA)
EVANGELINA FIERRO HERNANDEZ -- #168879 (CA) 2 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 3 San Francisco District Office
350 The Embarcadero, Suite 500 4 San Francisco, California 94105
Telephone: (415) 625-5622 5 Facsimile: (415) 625-5657
6 Attorneys for Plaintiff Equal Employment Opportunity Commission
7 UNITED STATES DISTRICT COURT
8 NORTHERN DISTRICT OF CALIFORNIA
9

10

EQUAL EMPLOYMENT OPPORTUNITY )

11 COMMISSION,

)

)

12

Plaintiff,

)

)

13 v.

)

)

14 BORLAND SOFTWARE CORP.,

)

)

15

Defendant.

)

)

16

)

_______________________________________ ) 17

Civil Action No. 05-3979 HRL CONSENT DECREE

18

Plaintiff U.S. Equal employment Opportunity Commission (“Commission” or

19 “EEOC”) brought this lawsuit under the Equal Pay Act of 1963 (“EPA”), Title VII of the

20 Civil Rights Act of 1964, as amended (“Title VII”), and Section 102 of the Civil Rights Act

21 of 1991, to correct alleged unlawful employment practices on the basis of sex, national

22 origin and race and to make whole Ms. Tuyen Tran who alleges that she is aggrieved by

23 the unlawful practices. Plaintiff alleged that defendant Borland Software Corporation

24 (hereinafter “Borland”) unlawfully paid Ms. Tran less than its male employees were paid

25 for performing substantially equal work and otherwise discriminated against Ms. Tran

26 because of her sex, national origin and/or race.

27
CONSENT DECREE
28 Civil Action No. 05-03979-HRL

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1

Borland denies these allegations. Borland believes that Ms. Tran, a current

2 Borland employee, is and was fairly and lawfully compensated in light of her

3 qualifications, experience, and Borland’s compensation structure when she was

4 promoted by Borland in April 2002 and promoted again in August 2004. Borland

5 specifically denies that any of its employment decisions regarding Ms. Tran were based

6 upon Ms. Tran’s sex, race or national origin.

7

In the interest of resolving this matter, and continuing and strengthening

8 Borland’s express commitment to equal employment opportunity, and as a result of

9 having engaged in settlement negotiations, the Commission and Borland (hereinafter

10 referred to as “the Parties”) have agreed that this action should be finally resolved by

11 entry of this Consent Decree. This Consent Decree shall not constitute an adjudication

12 and/or finding on the merits of the case.

13

The parties agree that this Consent Decree resolves all claims arising out of

14 EEOC Charge No. 370-2003-09759 and the complaint filed in this action, and

15 constitutes a complete resolution of all claims of disparate pay and benefits under the

16 EPA, Title VII, and Section 102 of the Civil Rights Act of 1991 that were made or could

17 have been made by Ms. Tran or the Commission in this action. This Consent Decree

18 does not, however, resolve any future charges or charges that may be pending with the

19 EEOC other than the charge specifically referenced in this paragraph.

20

This Consent Decree in no way affects EEOC’s right to process, in accordance

21 with standard Commission procedures (including, without limitation, administrative

22 investigation, conciliation and commencement of civil actions on the basis of such

23 charges), charges filed by individuals other than Ms. Tran against Borland alleging

24 violations of Federal employment discrimination statutes and which are either pending

25 as of the effective date of this Consent Decree or filed in the future (hereinafter “Other

26 Administrative Charges”). Similarly, this Consent Decree does not affect Borland’s

27
CONSENT DECREE
28 Civil Action No. 05-03979-HRL

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Case 5:05-cv-03979-HRL Document 7 Filed 10/19/2005 Page 3 of 8

1 rights to have Other Administrative Charges processed by the EEOC pursuant to the

2 EEOC’s standard procedures for new charges. The EEOC agrees that Other

3 Administrative Charges will be pursued through such standard procedures and will not

4 be pursued through the mechanisms set forth in this Consent Decree.

5

This Consent Decree comprises the full and exclusive agreement of the parties

6 with respect to the matters discussed herein. No waiver, modification or amendment of

7 any provision of this Consent Decree shall be effective unless made in writing and

8 approved by all the Parties to this Decree, except that any substantive change,

9 modification or amendment of any provision of this Consent Decree shall require

10 approval by the Court.

11

NOW, THEREFORE, in consideration of the mutual promises and agreements

12 set forth herein, the sufficiency of which is hereby acknowledged, IT IS ORDERED,

13 ADJUDGED AND DECREED that:

14

1. This Court has jurisdiction over the subject matter and the parties to this

15

action. This Court will retain jurisdiction over this Decree for all purposes

16

until the expiration of Borland’s obligations as set forth herein.

17

2. The entry of this Consent Decree will further the objectives of Title VII and

18

the EPA and will be in the best interest of the Parties, those for whom

19

EEOC seeks relief, and the public.

20

3. This Consent Decree is final and binding upon the Parties, their

21

successors and assigns.

22 Scope of the Consent Decree

23

4. The duration of the Consent Decree shall be three (3) years from the date

24

of entry of the Decree, provided that Borland has complied substantially

25

with the terms of this Consent Decree. Borland will be deemed to have

26

complied substantially if the Court has not made any finding or orders

27
CONSENT DECREE
28 Civil Action No. 05-03979-HRL

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1

during the term of the Consent Decree that the Borland has failed to

2

comply with any terms of this Consent Decree. During the three-year term

3

of this Consent Decree, this Court shall retain jurisdiction over this matter

4

and the Parties for the purpose of enforcing compliance with the Consent

5

Decree, including issuing such orders as may be required to effectuate its

6

purposes.

7 General Injunctive Provisions

8

5. Disparate Pay: Pursuant to the requirements of Section 206(d)(1) of the

9

EPA and Section 703 of Title VII, 42 U.S.C. §2000e-2, Borland and its

10

agents, successors and assigns hereby agree not to: (a) discriminate

11

against persons on the basis of sex, national origin and/or race in the

12

terms and conditions of employment; or (b) engage in an employment

13

practice that causes an unlawful disparate impact on the basis of race,

14

color, religion, sex, or national origin.

15

6. Retaliation: Borland its agents, successors or assigns agree not to

16

engage in, implement or permit any action, policy or practice to unlawfully

17

retaliate against Ms. Tran because she has in the past, or during the term

18

of this Consent Decree (a) opposed any discriminatory acts on the basis

19

of sex, race or color made unlawful under the EPA or Title VII; (b) filed a

20

Charge of Discrimination alleging any such practice; (c) testified or

21

participated in any manner in any investigation (including, without

22

limitation, any internal investigation undertaken by Borland), proceeding or

23

hearing in connection with this case; (d) was identified as a possible

24

witness in this action; (e) asserted any rights under this Consent Decree;

25

or (f) sought and/or received any monetary or non-monetary relief in

26

accordance with this Consent Decree. Borland represents that its current

27
CONSENT DECREE
28 Civil Action No. 05-03979-HRL

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1

Board Chairman does not and will not have any role in determining the

2

terms and conditions of Ms. Tran’s future employment with Borland.

3

7. Within six (6) months of entry of this Consent Decree, Borland will ensure

4

that Ms. Tran’s current supervisors and managers, along with the Human

5

Resources representatives directly responsible for Ms. Tran’s current

6

Borland organization, will receive training in EEO and diversity, including

7

training in Borland’s EEO policies. Such training will include a

8

question-and-answer session covering these topics. Borland shall notify

9

the EEOC in writing when it has completed this training.

10 MONETARY RELIEF

11

8. Borland agrees to pay Ms. Tran the total sum of $66,500.00, less required

12

deductions and tax withholdings, in consideration of Ms. Tran’s claim for

13

backpay damages. Borland further agrees to pay Ms. Tran the amount of

14

$13,500.00 as reimbursement for Ms. Tran’s expenses that were not

15

covered by Borland’s policies.

16

9. Borland shall pay as follows:

17

a. Within ten (10) days of the entry of this Consent Decree, Borland

18

will issue checks for the amounts set forth in Section 8 to Ms. Tran.

19

Borland shall make payment in the form of business checks,

20

cashier’s checks, or certified checks.

21

b. Borland will mail a copy of the checks to Evangelina Fierro

22

Hernandez, Senior Trial Attorney, EEOC, at 350 The Embarcadero,

23

Suite 500, San Francisco, CA 94105 within five days of distribution

24

to Ms. Tran.

25

26

27
CONSENT DECREE
28 Civil Action No. 05-03979-HRL

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1

10. Borland shall raise Ms. Tran’s annual salary from $100,000.00 to

2

$110,000.00 effective immediately. This increase in salary will not

3

decrease or have any other negative impact on Ms. Tran’s future bonuses

4

or raises.

5 EXPUNGEMENT OF RECORDS AND DISCLOSURE OF INFORMATION

6 REGARDING MS. TRAN’S EMPLOYMENT

7

11. Borland shall not disclose any information or make references to any

8

charges of discrimination or this lawsuit in responding to employment

9

reference requests for information about Ms. Tran.

10

12. Borland shall expunge from Ms. Tran’s personnel file any references to a

11

charge of discrimination against Borland and this lawsuit. Borland will

12

place a personnel action notice into Ms. Tran’s personnel file that reflects

13

a title change to Director effective April 2002.

14 RETENTION OF JURISDICTION AND EXPIRATION OF CONSENT DECREE

15

13. This Consent Decree shall terminate three (3) years from the date of entry

16

by the Court, unless the Commission petitions this Court for an extension

17

of the Decree because of noncompliance by Borland. If the Commission

18

determines that Borland has not complied with the Consent Decree, the

19

Commission will provide written notification of the alleged breach to

20

Borland and will not petition the Court for enforcement sooner than thirty

21

(30) days after providing written notification. The thirty-day period

22

following written notice shall be used by the parties for good faith efforts to

23

resolve the issue. If the Commission petitions the Court and the Court

24

finds Borland to be in substantial violation of the terms of the Decree, the

25

Court may extend this Consent Decree

26

14. Except as provided in the preceding paragraph, three (3) years after the

27
CONSENT DECREE
28 Civil Action No. 05-03979-HRL

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1

entry of this Consent Decree, this lawsuit will be dismissed with prejudice,

2

provided that the Borland has complied substantially with the terms of this

3

Consent Decree. Borland will be deemed to have complied substantially

4

if the Court has not made any findings or orders during the term of the

5

Decree that the defendant has failed to comply with any of the terms of

6

this Decree.

7

8

E-filing concurrence: I, Evangelina Hernandez, attorney for Plaintiff

9

Commission, attest that I have obtained the concurrence of Gregory C.

10

Tenhoff, attorney for Defendant Borland Software Corp., for the lodging of

11

this Consent Decree.

12

13

14

15

JAMES L. LEE

Deputy General Counsel 16

EQUAL EMPLOYMENT OPPORTUNITY

17

COMMISSION

1801 L Street, N.W.

18

Washington, D.C. 20507

19

20 Dated: October 7, 2005

____________/S/__________________

21

WILLIAM R. TAMAYO

Regional Attorney 22

23 Dated: October 7, 2005
24
25

___________ /S/__________________
JONATHAN T. PECK Supervisory Trial Attorney

26

27
CONSENT DECREE
28 Civil Action No. 05-03979-HRL

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1 Dated: October 7, 2005 2 3 4 5 6 7 8 9 Dated: October 7, 2005 10 11 12 13 Dated: October 7, 2005 14 15 16 17 18
It is so ordered. 19 20 Dated: 10/19/05 21 22 23 24 25 26 27
CONSENT DECREE
28 Civil Action No. 05-03979-HRL

___________/S/____________________ EVANGELINA FIERRO HERNANDEZ Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 350 The Embarcadero, Suite 500 San Francisco, CA 94105 Telephone: (415) 625-5622
___________/S/____________________ BORLAND SOFTWARE CORPORATION
___________/S/____________________ COOLEY GODWARD LLP Gregory C. Tenhoff Attorneys for Borland Software Corporation
ORDER
_______/s_/_H__o_w_a__rd__R_._L__lo_y_d_________ Howard R. Lloyd UNITED STATES MAGISTRATE JUDGE
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 CAND-ECF - Docket Report

https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?396501747330891-L_3...

ADRMOP, CLOSED, E-Filing
U.S. District Court California Northern District (San Jose) CIVIL DOCKET FOR CASE #: 5:05-cv-03979-HRL

Equal Employment Opportunity Commission v. Borland Software Corporation Assigned to: Magistrate Judge Howard R. Lloyd Cause: 28:1331 Fed. Question: Employment Discrimination

Date Filed: 09/30/2005 Date Terminated: 10/19/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Evangelina Fierro Equal Employment Opportunity Commission Suite 500 350 The Embarcadero San Francisco, CA 94105 415-625-5622 Fax: 415-625-5657 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Evangelina Patricia Hernandez U.S. EEOC 350 The Embarcadero Suite 500 San Francisco, CA 94103 415-625-5622 Fax: 415-625-5657 Email: Evangelina.Hernandez@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jonathan T. Peck U.S. EEOC 350 Embarcadero Street Suite 500 San Francisco, CA 94105-1687 415/625-5600 Fax: 415-625-5657 Email: Jonathan.Peck@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

William Robert Tamayo U.S. EEOC 350 Embarcadero Street

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V. Defendant Borland Software Corporation

Suite 500 San Francisco, CA 94105-1687 415-625-5645 Fax: 415-625-5657 Email: william.tamayo@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/30/2005
09/30/2005
09/30/2005 09/30/2005 10/06/2005 10/11/2005 10/14/2005 10/17/2005 10/19/2005

#

Docket Text

1 COMPLAINT (Fee Waived) Summons Issued); jury demand; against Borland Software Corporation. Filed byEqual Employment Opportunity Commission. (bw, COURT STAFF) (Filed on 9/30/2005) Additional attachment(s) added on 10/4/2005 (bw, COURT STAFF). (Entered: 09/30/2005)
2 ADR SCHEDULING ORDER: Case Management Statement due by 1/24/2006. Case Management Conference set for 1/31/2006 01:30 PM. (Attachments: # 1 Standing Order)(bw, COURT STAFF) (Filed on 9/30/2005) (Entered: 09/30/2005)
Summons Issued as to Borland Software Corporation. (bw, COURT STAFF) (Filed on 9/30/2005) (Entered: 09/30/2005)
CASE DESIGNATED for Electronic Filing. (bw, COURT STAFF) (Filed on 9/30/2005) (Entered: 09/30/2005)
3 NOTICE of Appearance by Evangelina Patricia Hernandez (Hernandez, Evangelina) (Filed on 10/6/2005) (Entered: 10/06/2005)
4 Proposed Order Consent Decree by Equal Employment Opportunity Commission. (Hernandez, Evangelina) (Filed on 10/11/2005) (Entered: 10/11/2005)
5 CONSENT to Proceed Before a US Magistrate Judge by Borland Software Corporation.. (bw, COURT STAFF) (Filed on 10/14/2005) Additional attachment(s) added on 10/14/2005 (bw, COURT STAFF). (Entered: 10/14/2005)
6 CONSENT to Proceed Before a US Magistrate Judge by Equal Employment Opportunity Commission.. (Hernandez, Evangelina) (Filed on 10/17/2005) (Entered: 10/17/2005)
7 CONSENT DECREE and ORDER. Signed by Magistrate Judge Howard R. Lloyd on 10/19/05. (hrllc1, COURT STAFF) (Filed on 10/19/2005) (Entered: 10/19/2005)

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FILE LOCATED AT FEDERAL RECORDS CENTER (FRC) San Bruno, CA. Accession No:021-06-008; Location No:746193; Box No:96. (pmc, COURT STAFF) (Filed on 10/23/2006) (Entered: 10/23/2006)

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http://www.eeoc.gov/litigation/settlements/settlement10-05.html

EEOC v. Borland Software Corp. No. 05-3979 HRL (N.D. Ca. Oct. 19, 2005)
In this Title VII/EPA case, the San Francisco District Office alleged that defendant (which makes technology used to develop, deploy, and integrate software programs) paid charging party, who was performing the duties of Director of Technical Support in Cupertino, California, less than white male employees performing substantially similar work, because of her sex (female), race (Asian), and national origin (Vietnamese). Defendant hired charging party as a Senior Technical Support Engineer in February 2000 ($75,000 annual salary) and promoted her 2 months later to Manager of Technical Support ($85,000 salary). San Francisco alleged that charging party began managing half of her supervisor's group in February 2002 and took on all of his duties in October 2002, without a change in title or salary increase. Charging party's salary was lower than the person she replaced (white male, with a $125,000 base salary), the Directors of other departments (all white men, with base salaries ranging from $95,000 to $125,000), and two of the white men who reported to her. Defendant officially promoted charging party to Director of Technical Support in September 2004 and raised her base salary to $100,000.
Under the 3-year consent decree resolving this case, Borland will pay charging party $80,000 in monetary relief ($66,500 in backpay and $13,500 in reimbursement for expenses not covered by defendant's policies). Borland is also required to raise charging party's annual salary from $100,000 to $110,000 effective immediately, and will place an action notice in her personnel file reflecting a title change to Director effective April 2002. The salary increase will not have any negative effect on charging party's future bonuses or raises.

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6/18/2007 1:25 PM