United States Equal Employment Opportunity Commission Philadelphia District Office 21 St 5t" Street, Suite 400 Philadelphia, PA 19106 (215) 440-2684
Newark Area Office 1 Newark Center, 21~* floor Newark, N.I 07102-5233 (973) 201 64S-5978
Iris Santlago-Flores, Trial Attorney [ASF-9222
INTHE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

CARNEGIE DELI, INC. Defendant,

COMPLAINT JURY T~AL DEM~D

NATURE OF TIIEACTION This is an action under Title VII of the Civil Rights Act of 1964 mad Title I ofthe Civil Rights Act of 1991 to correct unlawful employment practices that discriminate on the basis ofscx and to provide appropriate relief to Norma E. Rivera mad a class of female employees who were adversely affected by such practices. As articalated with greater particularity in paragraph 7 below, the Commission alleges that Ms. Rivera mad other female employees were subjected to sexual harassment tln’ough regular, sexually explicit, insulting, and derogatory comments and conduct of a supervisor which created a sexually hostile and offensive work environment for tt~ern as females. The Commission alleges that although Ms. Rivera and the class o[" t’emales objected to such ollgnsive conduct, the sexual harassment did not stop. As a result of the sexually hostile work

environment, and Del?ndant’s lack of response, Ms, Rivera was constructively discharged. Consequently, Ms. Rivera and a class o r female employees suffered severe emotional distress and damages.
JURISDICTION AND VENUE 1. Jurisdiction ol’this Court is invoked pursuant to 28 U.S.C. §§ 451,1331, 1337, 1343 mad 1345. This action is authorized and instituted pursuant to § 706(f) (1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. "§ 2000e-5(f)(1) mid (3)" ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.S,C, § 1981 A, 2. The employment practices alleged to be unlawful were and are new being committed within the jurisdiction of the United States District Court tbr the District of New Jersey.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcemer~t of Title Vll, and is expressly authorized to bring this action by Section 706(0(1) and (3) of Title VII, 42 U,S.C. § 2000(e)-5(f) (1) mad (3). 4. At all relevant times, Defendant Employer, Carnegie Dell, Ir~.c., laas continuously been and is now doing business in Carlstadt, New Jersey and has continuously had at least fifteen (15) employees, 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) or Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h),
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STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, the Charging Party, Norma E. Rivera, filed a charge of employme~at discrimination with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution ol’this lawsuit have been lial filled. 7. Since at least July, 1999, Defendant Employer has engaged in unlawful enlployment practices at its Carlstadt, New Jersey facility in violation of Section 703(a) (1) of Title VII, 42 U.S.C. § 2000e-2(a) (1), by subjecting Ms. Rivera, mid a the class of female employees to a sex ually hostile and abusive work environment when Defendant’s Manager of Bakery, Carlos Cardeaaas, engaged in a continuing pattern of sexual harassment against Ms. Rivera mad a class of female employees which was widespread, unwelcome, and uninvited. The offensive conduct includes, but is not limited to the following: (a) Norma E. Rivera was employed by Del’endant Employer as a Packer/Machine Operator from July 8, 1999 to June 6, 2003. She was born in ilonduras and is a Spm~ish speaking immigrant. (b) in 2003, she was directly sttpervised by Carlos Cardenas, the Manager of Bakery, who is Panamanian and also served as the liaison/translator [’or the vast majority of Spmtish speaking immigrant laborers employed by Defendant. (c) Beginning in April, 2003, Cardenas would constantly attempt to place his hands on her buttocks or brush his arm against her breasts. This normally occurred while she was carrying items in her hands or when she was bent over, picking up sacks or flour or sugar ti’om the floor. (d) In addition, Cardenas constantly followed Ms. Rivera and attempted to touch her body

inappropriately, tte regularly addressed her as "Mula1’’ instead of calling her by name, (e) On one occasion in May, 2003, Caadenas asked Ms. Rivera to accolnpanyhim upstairs
to the inventory room located on the third floor to check the inventory. While upstairs alone with Ms. Rivera, Cardenas grabbed her hand and attempted to push her on top of the boxes piled on the floor, grabbing her breasts ,and asking her to engage in sexual relations with him. Although shaken, Ms. Rivcra was able to escape his grasp and return to her work area.
(l) On another occasion, Ms. Rivera entered the rcstroom located in the basement near the dining area; when Ms, Rivera was about to close the door and place her jacket on the door hook, Cardenas pushed himself into the bathroom and pinned MS. Rivera agail~st the inside wall near the paper holder. Ms, Rivera screamed, pushed him aside, and managed to again escape his grasp.
(g) In response to Ms. Rivera’s protests and objections, Cardenas responded by sayil~g, "If you don’t like it, the doors are open." Ms, Rivera did not fommlly complain to Respondent’s upper management at that time for fear of termination or being subjected to greater retaliatory treatment. For example, Ms. Rivera alleges that in retaliation [br her rejections, Cardenas assigned her to heavier, more difficult tasks as punishment.
(h) A class of female employees have been similarly subjected to inappropriate and unwelcome sexual advances, touching, groping, and other unwelcome sexual touching and cormnents by Defendant’s Maaager of Bakery, Carlos Cardenas, on a regular basis.
The offensive conduct was pervasive and known to DefendaEnmt ploycr’s management. tlowever, no corrective action was ever attemptcd.
(J) Defendant has no sexual harassment policy or complaint procedure,
~"Mula" ~s Spanish for ~mule." 4

(k) As a direct consequence of the sexually hostile work environment, and Del~ndant Employer’s lhilure to take any corrective action, Ms. Ri vera was constructively discharged on June 6, 2003.
8. The elTect of the practices complained of in paragraph 7 above have been to deprive Ms. Rivera al~d a class of female employees of equal emplo?anent opportunities and otherwise adversely affect their status as employees because o f their sex (female).
9. The acts complained of in paragraph 7 above were intentional. 10. The unlawful employment practices complained of in paragraph 7 abovc were done with malice or witt~ reckless indifference to the federally protected rights of tire Charging Pa~y and a class of female employees.
PRAYER FOR RELIEF Wherefore, the Co~m~aission rcspectl~Ily requests that this Court: A. Grant a pern~anent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or pa]-ticipatiol~ with it, from engaging in sexual harassme~t, constructive discharge, and any other employment practice which discriminates on the basis of sex. B. Order Defendant Employer to institute m~d carryout policies, practices, and programs which provide equal employment opportunities for women, whict~ eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Ms. Rivera and a class of affected female 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 rightful-place reinstatement. D. Order Defendant Employer to make whole Ms. Rivera and a class of affected female
employees by providing cornpensatio~a for past mid future peeLmiary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to out-ofpocket losses in amounts to be determined at trial.
E. Order Dcl~ndant Employer to make whole Ms. Rivcra and a class of affected female employees by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including pain and suffering, humiliation, embarrassment, and loss of life’s pleasures, in amounts to be deten-nin.ed at trial.
F. Order Defendant Employer to pay Ms. Rivera and a class of female employees, punitive damages for its malicious mad reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
Grant such further relief as the Court deems necessa~ and proper in the public interest.
H. Award lhe Commission its costs of this action.

JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, ERIC S, DREIBAND General Counsel JAMES L. LEE D~uty General Counsel OWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ,~ _
(’J~J DH’H A. O’BOYLE
S "n~,~ Trial Atl0rr~cy U.S. EEOC, Philadelphia District Office 21 S. 5th Street, Suite 400 Philadelphia, PA 19106 (215) 440-2684(direct) (215) 4a0-2828(fax) PA BAR ID No.: PA60171 lris.Flores@eeoc,gov
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 Case 2:04-cv-03239-JLL-RJH Document 13 Filed 09/30/2005 Page 1 of 14

U.S. Equal Employment Opportunit)' Commission J)hiladclphia District Office 21 South Fifth Street, Suite 400 J)hiladelphia, J)A 19106~2515 (215) 440-2619 Marisol Ramos, Trial Attorney
MR~8741
Attornev for Plaintiff
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
CARNEGIE DELI, INC.,
Defendant.

) ) ) ) ) CIVIL ACTION NO. 04-3239(JLL) ) ) ) )

------------::--:c------::--)
CONSENT DECREE
Introduction

A. This action was instituted by the U.S. Equal Employment Opportunity

Commission ("EEOC" and/or "the Commission") on or about July 8, 2004 against Defendant

Carnegie Deli, Inc. ("Carnegie Deli" and/or "Defendant") to enforce provisions of Title VII of

the Civil Rights of 1964, as amended, 42 U.S.c. § 2000e et ~ ("Title VII"). In its Complaint,

the Commission alleged that Defendant subjected Charging Party Norma Rivera and other

female employees to sexual harassment through regular, sexually explicit, insulting, and

derogatory comments and conduct of a supervisor which created a sexually hostile and offensive

work environment for them as females. The Commission alleges that although Ms. Rivera and

the class of females objected to such offensive conduct, the sexual harassment did not stop. As a

result of the sexually hostile work environment, and Defendant's lack of response, Ms. Rivera

was constructively discharged. Consequently, Ms. Rivera and a class of female employees

suffered severe emotional distress and damages. Defendant denies these allegations.

B. This Consent Decree is entered into by and shall be final and binding between the

EEOC and Carnegie Deli, its directors, officers, agents, successors and assigns.

Case 2:04-cv-03239-JLL-RJH Document 13 Filed 09/30/2005 Page 2 of 14

C. EEOC and Carnegie Deli agree to the entry of this Consent Decree, which shall

fully and finally resolve all claims the EEOC raised in its Complaint in Civil Action No. 04-3239

(JLL).

D.

This Consent Decree shall not constitute either an adjudication of or finding on

the merits of the complaint and shall not be construed as an admission by Defendant of any

violation of Title VII.

Findings

E. Having carefully examined the tenns and provisions of this Consent Decree, and

based on the pleadings, record and stipUlations of the parties, the Court finds: (I) it has

jurisdiction of the parties and subject matter jurisdiction of this action; and (2) the tern1S of this

Decree are fair, reasonable, equitable and just, and adequately protect the rights of the parties,

and the public interest.

NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:

Non-Discrimination and Non-Retaliation

l. This Court has jurisdiction over the parties and subject matter of this action.

2. Defendant will not harass any employee on the basis of sex in violation of Title

VII.

3. Defendant will not engage in any employment practices which retaliate in any

manner against any person, including but not limited to Nonna Rivera and the identified class of

female fonner employees, because of their opposition to any practice made an unlawful

employment practice under Title VII or because either person has made a charge, testified,

assisted or participated in any manner in an investigation, proceeding or hearing under Title VII.

4. Should an inquiry be made by a prospective employer of one of the named

individuals in this lawsuit, Defendant shall only divulge to any identifiable employer or potential

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Case 2:04-cv-03239-JLL-RJH Document 13 Filed 09/30/2005 Page 3 of 14
employer limited information such as the start date, position title, final salary and end date and indicate that such limited disclosure is part of its business practice.
5. Nothing in this Consent Decree, either by inclusion or exclusion, shall be construed to limit the obligations of Defendant under Title VII or the EEOC's authority to process or litigate any charge of discrimination now pending or filed in the future against Defendant.
Monetary Relief 6. In full settlement of the claims raised on their behalf against Defendant in the EEOC's Complaint, Carnegie Deli agrees to pay the sum total of $90,000.00 to be distributed to the identified claimants as indicated in Attachment A. Each claimant will be required to promptly execute the attached Release (Attachment B) which will be forwarded to Carnegie Deli in order to receive the monetary payment. 7. Within fourteen (14) days after Carnegie Deli has received the executed Release from all the claimants, Defendant will make the monetary payment to the claimants. Carnegie Deli will submit proof of payment by mailing a copy of each check issued in this matter to: Marisol Ramos, Trial Attorney, EEOC, Philadelphia District Office, 21 S. Fifth Street, Suite 400, Philadelphia, PA 19106-2515. Late payment of the check will be subject to the accrual of interest on the unpaid amount, calculated pursuant to 28 U.S.C. § 1961.
Posting of Notice 8. Within 20 business days after entry of this Decree, Defendant shall post at its Carnegie Deli work site(s) on all bulletin boards, used by Defendant for communicating with employees, same-sized copies of the Notice attached as Attachments C (in English) and D (in Spanish) to this Decree. The Notice shall remain posted for two and a half (2 Yz) years from the date of entry of this Decree. Defendant shall forward a certification that the Notice has been
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Case 2:04-cv-03239-JLL-RJH Document 13 Filed 09/30/2005 Page 4 of 14
posted and dates of posting within 30 days after entry of this Decree to Marisol Ramos, Trial Attorney, EEOC, Philadelphia District Office, 21 South Fifth Street, Suite 400, Philadelphia, PA 19106-2515. If posted copies become defaced, removed, marred or otherwise illegible, Defendant agrees to post a readable copy in the same manner as heretofore specified.
9. Within thirty (30) business days after the entry of this Decree, Defendant shall schedule a staff meeting during which it will read the attached Notice, Attachments A and B in English and Spanish to all its employees. Defendant shall forward a certification that the Notice has been read and dates of reading within (40) days after entry of this Decree to Marisol Ramos, Trial Attorney, EEOC, Philadelphia District Office, 21 South Fifth Street, Suite 400, Philadelphia, PA 19106-2515.
Non-Discrimination and Anti-Harassment Policies and Complaint Procedures 10. Defendant agrees to draft a policy against discrimination, harassment and retaliation and complaint procedures, which shall be drafted in plain and simple language. This policy shall be drafted in English and Spanish. Defendant shall ensure that its policy or policies against discrimination, harassment and retaliation and related complaint procedures meet the following minimum criteria: (a) state that Defendant: (i) prohibits discrimination against employees on the basis of sex, and prohibits retaliation in violation of Title VII; (ii) prohibits retaliation against employees for opposing employment practices they reasonably believe are discriminatory or for participating in an investigation by the EEOC or a state or local governmental agency of a charge of discrimination under Title VII; (iii) prohibits any act, policy or practice that has the effect of harassing or intimidating any employee on the basis of sex, in violation of Title VII; and (iv) prohibits any act, policy or practice that has the effect of creating, facilitating or permitting the existence of a work environment that is hostile to employees through acts such as physical/verbal
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Case 2:04-cv-03239-JLL-RJH Document 13 Filed 09/30/2005 Page 5 of 14
abuse and derogatory comments based on sex, in violation of Title VII; (b) include a complaint procedure designed to encourage employees to come forward
with complaints regarding violations of its policy or policies against discrimination, harassment and retaliation, which shall meet the following minimum criteria: (i) provide effective mechanism(s) for reporting incidents of discrimination, harassment and retaliation; (ii) provide that the complaints of discrimination, harassment and/or retaliation can be made either in writing or verbally; (iii) identify an employee or employees at Defendant's worksite(s), to whom an employee can make a complaint; (iv) encourage prompt reporting by employees; and (v) provide assurances that complainants shall not be subjected to retaliation;
(c) provide for prompt investigation of complaints of harassment and/or retaliation; (d) provide for prompt communication to the complaining party of the results of the investigation and any remedial actions taken or proposed; and (e) provide for discipline up to and including discharge of an employee or supervisor who violates Defendant's policy or policies against discrimination, harassment and retaliation, and for increasingly severe discipline ofrepeat offenders. 10. Defendant shall distribute to all of its employees and newly-hired employees, its policy or policies against discrimination, harassment and retaliation within 30 days after entry of this Consent Decree. II. Within 60 days after entry of this Consent Decree, Defendant shall advise Marisol Ramos, Trial Attorney, EEOC Philadelphia District Office, that its policy or policies against discrimination, harassment and retaliation have been distributed to current employees, including temporary employees, via paycheck enclosure and that new employees, including temporary employees, will receive these policies and an opportunity to acknowledge receipt. Defendant will retain copies of any acknowledgment of receipt fonn for an employee in the employee's
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Case 2:04-cv-03239-JLL-RJH Document 13 Filed 09/30/2005 Page 6 of 14
personnel file. 12. Defendant shall annually for the duration of the Consent Decree send a copy of its
policy or policies against discrimination, harassment and retaliation with each employee's paycheck.
Supervisor Accountability 13. Defendant shall promote supervisor accountability by the following conduct: (a) providing annual anti-discrimination training to all of its supervisory and managerial personnel as set forth in Paragraphs 14; (b) disciplining, up to and including discharge, any supervlsor or manager who violates Defendant's policy or policies against discrimination, harassment and retaliation; and (c) imposing on all managers and supervisory personnel a duty to administer their work areas to ensure compliance with Defendant's policy against discrimination, harassment and retaliation; and (d) requiring all managers and supervisors to report any incidents and/or complaints of harassment and/or retaliation of which they become aware to the employee or employees designated to handle complaints of discrimination, harassment and retaliation.
Training 14. Defendant shall provide training on the requirements of Title VII as follows: (a) Defendant agrees to provide annual training sessions in English and Spanish for any employee or employees at its Carnegie Deli work site responsible for responding to Title VII complaints made at Carnegie Deli by a vendor approved by the EEOC. The training will cover employee rights and employer obligations under both Title VII and relevant state or local antidiscrimination laws. Defendant will emphasize what constitutes unlawful harassment and discrimination in the workplace, how to keep the company free from such discrimination, what
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Case 2:04-cv-03239-JLL-RJH Document 13 Filed 09/30/2005 Page 7 of 14
constitutes unlawful retaliation, and will summarize how to conduct a prompt and effective investigation into allegations, complaints or charges of discrimination;
(b) Defendant shall first provide training in accordance with Paragraph 13(a) by no later than 90 calendar days after entry of this Consent Decree and also shall provide such training in calendar years 2006 and 2007.
15. Defendant shall obtain the EEOC's approval of its proposed trainer prior to each year's training sessions.
16. Defendant agrees at its expense to provide the EEOC with copies of all pamphlets, brochures, outlines or other written materials provided to attendees of training sessions. Even though the EEOC has approved of or designated a trainer to provide training for one year, it is not required to approve of or designate the same trainer for future training sessions. However, Defendant shall ensure that the trainer is fluent in English and Spanish and provides the sessions in each language.
17. Defendant shall certify to the EEOC in writing within 10 business days after the training sessions required by Paragraph 13 have occurred that the training has taken place and the personnel who attended. Such certification shall include: (i) the dates, location and duration of the training session; (ii) a copy of the registry of attendance, including the name and position of each person in attendance; and (iii) a listing of the employee or employees at Camegie Deli's work site(s), responsible for responding to Title VII complaints made at Camegie Deli as of the date of the training.
18. Defendant shall fumish to the EEOC the following written reports annually for a period of three years following entry of this Decree, with the first report due six months after entry of the Decree and the final report due 36 months after entry of the Decree. Each such report shall contain:
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Case 2:04-cv-03239-JLL-RJH Document 13 Filed 09/30/2005 Page 8 of 14
(a) a certification by Defendant that the Notice required to be posted by Paragraph 8 was posted during the six months preceding the report; (b) a certification by Defendant that it has or will distribute the policy or policies against discrimination, harassment and retaliation annually to employees, and that Defendant has disseminated the policy against discrimination, harassment and retaliation to all new employees, including temporary employees, hired within the six-month period preceding the report; (c) a certification that Defendant has complied with training requirements of this Consent Decree; (d) a summary of any additional actions Defendant took to prevent discrimination, harassment and retaliation at Carnegie Deli's work site(s) during the six-month period preceding the report.
Dispute Resolution 19. In the event either party to this Decree believes the other party has failed to comply with any provision(s) of the Decree, the complaining party shall notify the other party of the alleged non-compliance within 20 days of the alleged non-compliance and afford the alleged non-complying party 20 business days to remedy the non-compliance or satisfy the complaining party that the alleged non-complying party has complied. If the alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within 20 business days, the complaining party may apply to the Court for appropriate relief.
Miscellaneous Provisions 20. Each party to this Decree shall bear its own expenses, costs and attorneys' fees. 21. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, successors and assigns of Defendant in their capacities as representatives, agents, directors and officers of Defendant and not in their individual
8

Case 2:04-cv-03239-JLL-RJH Document 13 Filed 09/30/2005 Page 9 of 14 capacities. This paragraph shall not be construed as placing any limit on remedies available to the Court in the event any individual is found in contempt for a violation of this Decree.
22. This Consent Decree shall fully and finally resolve all claims which were raised by the EEOC in its Complaint in Civil Action No. 04-3239.
23. This Consent Decree shall be filed in the United States District Court for New Jersey and shall continue in effect for three (3) years. During this time, this Court shall retain jurisdiction over this matter and the parties for purposes of enforcing compliance with the Decree, including issuing such orders as may be required to effectuate its purposes. Any application by any party to modify or vacate this Consent Decree during such period shall be made by motion to the Court on no less than 30 days' notice to the other party. Should any material disputes under this Decree remain unresolved after this three-year period, the term of the Decree shall be automatically extended (and the Court will retain jurisdiction of this matter to enforce the Consent Decree) until such time as all disputes have been resolved.
24. The Clerk of the District Court is hereby directed to send a file-stamped copy of this Consent Decree to counsel of record.
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Case 2:04-cv-03239-JLL-RJH Document 13 Filed 09/30/2005 Page 10 of 14

For Plaintiff EEOC:

For Defendant Carnegie Deli Inc.:

Eric S. Dreiband General Counsel
James L. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel Wash., D.C.
EQUAL EMPLOYMENT OPPORTUNITY C MISSION

Philadelphia District Office 21 S. 5th Street, Suite 400
Philadelphia, PA 19106
(215) 440-2828

Jeffrey Jensen Operatio anage~ at Ca egie Deli, Inc.
Hackensack, NJ 07601 (201) 488-7544

By the Court: =;;::-;;Ji:-:-:-::~-:-::-k~;;:::;::::::-~~":---;-:;:;:-;-;-=;;::- Date: N RA JUDGE JOSE L. LINARES
ED STATES DISTRICT JUDGE

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Case 2:04-cv-03239-JLL-RJH Document 13 Filed 09/30/2005 Page 11 of 14

ATTACHMENT A
u.s. Equal Employment Opportunity Commission
IJhiladclphia District Office 21 South Fifth Street, Suite 400 Philadelphia, PA 19106-2515 (215) 440-2619 l\'1arisol Ramos, Trial Attorney MR-874t Attorney for I'lailltiff
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

Plaintiff,

)

)

v.

)

)

CARNEGIE DELI, INC.,

)

)

Defendant.

)

--------------------------)

CIVIL ACTION NO. 04-3239(JLL)

Distribution of monetary reliefto the eight claimants will be as follows:

Norma Rivera Yolanda Bocanegra Maria Rosario Maritza Giraldo Carmen Salazar Deysi Rodriguez Consuelo Serna Altagracia Gutierrez

$40,000.00 $10,000.00 $10,000.00 $8,334.00 $8,333.00 $8,333.00 $2,500.00 $2,500.00

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Case 2:04-cv-03239-JLL-RJH Document 13 Filed 09/30/2005 Page 12 of 14

ATTACHMENT B

U.S. Equal Employment Opportunity Commission Philadelphia District Office 21 South Fifth Street, Suite 400 Philadelphia, PA 19106-2515 (215)440-2619 l\hrisol Ramos, Trial Attorney MR-8741 Attornev for Plaintiff
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

Plaintiff,

)

)

v.

)

)

CARNEGIE DELI, INC.,

)

Defendant,

)

-----------------------------)

CIVIL ACTION NO. 04-3239(JLL)

RELEASE BY CLAIMANT

Pursuant to the tenns of the Consent Decree entered into by the Equal Employment

Opportunity Commission ("EEOC") and Carnegie Deli Inc., in the above-captioned case, I,

(name)

, do hereby waive, remit, release and forever discharge

Carnegie Deli Inc., its parent and subsidiary companies, and affiliates, and any and all of the

officers, directors, agents, attorneys, employees, and members of such entities from any and all

claims, demands or causes of action under Title VII, including attorneys fees and costs, arising

from or relating to any right or entitlement now existing until the date of execution of this

Release for claims arising from or allegations made in EEOC et.a!. v. Carnegie Deli Inc., Civil

Action 04-3239(JLL), based on claims of sex-based harassment and disparate treatment

occurring prior to this date. This Release is freely executed in return for the good and valuable

consideration set forth in the above-referenced Consent Decree.

Date:_ _ _ _ _ _, 2005

Sworn to and Subscribed

Before me this

day of

_ _ _ _ _ _ _,2005.

NOTARY PUBLIC My Commission Expires:

SIGNATURE: ________________ Name: (Print)_ _ _ _ _ _ _ _ _ __
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ATTACHMENT C
NOTICE TO ALL CARNEGIE DELI INC EMPLOYEES
This Notice is posted pursuant to a Consent Decree entered by the federal court for the District of New Jersey in EEOC v. Carnegie Deli, Civil Action Number 04-3239, resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Carnegie Deli Inc. ("Carnegie Deli").
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et §ffi" as amended ("Title VII"), prohibits discrimination against employees and applicants for employment based upon national origin, sex, race, color or religion. Title VII further prohibits retaliation against employees or applicants who avail themselves of their rights under Title VII by engaging in protected activities, such as filing a charge of discrimination and/or testifying or participating in a Commission investigation. The EEOC is the federal agency which investigates charges of unlawful employment discrimination. The EEOC has the authority to bring lawsuits in federal court to enforce Title VII.
In its lawsuit, the EEOC alleged that Carnegie Deli sUbjected female employees to harassment based on sex, causing the employees to constructively discharge, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII").
To resolve the case, Carnegie Deli and the EEOC have entered into a Consent Decree which provided, among other things, that: (1) Carnegie Deli agrees that it will not discriminate on the basis of sex in the future; (2) Carnegie Deli will not retaliate against any person because he or she opposed any practice made unlawful by Title VII, filed a Title VII charge of discrimination, participated in any Title VII proceeding, or asserted any rights under the Consent Decree; and (3) Carnegie Deli will train any employee or employees at Carnegie Deli work site(s) with responsibility for responding to Title VII complaints made by Carnegie Deli employees, regarding discrimination, harassment and retaliation, and regarding its policy prohibiting discrimination, harassment and retaliation.
If you believe you have been discriminated against, you may contact the EEOC at (215) 440-2600. The EEOC charges no fees and has employees who speak languages other than English.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
This Notice must remain posted for two and one-half years from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice or compliance with its terms may be directed to the Regional Attorney, EEOC Philadelphia District Office, 21 South 5th Street, Philadelphia, PA 19106.

U.S. Equal Employment Opportunity Commission
DATED: ________________

Carnegie Deli Inc. DATED: ____________________

Case 2:04-cv-03239-JLL-RJH Document 13 Filed 09/30/2005 Page 14 of 14

ATTACHMENT D
AVISO A TODOS LOS EMPLEADOS DE CARNEGIE DELI INC
Esta Notificacion se publica en seguimiento a un acuerdo entrado ante la corte federal para el Distrito de Nueva Jersey en el caso EEOC v. Carnegie Deli Civil Num. 04-3239, el cual pone fin a la demanda radicada por la Comision de Igualdad de Oportunidades en el Empleo, "EEOC" por sus siglas en ingles contra la compafiia Carnegie Deli ("Carnegie Deli").
El Titulo VII de la Ley de Derechos Civiles de 1964, 24 U.S.C.§ 2000e et ~, segun enmendada ("Titulo VII) prohibe el discrimen en contra de empleados 0 aplicantes a empleo por razon de origen nacional, genero, raza, color, 0 religion. El Titulo VII prohibe ademas la represalia en contra de empleados 0 aplicantes a empleo por ejercer sus derechos bajo el Titulo VII mediante su participacion en actividades protegidas, tales como la radicacion de un cargo por discrimen y/o brindar testimonio 0 participar en una investigacion llevada a cabo por la Comision. La Comision de Igualdad de Oportunidades en el Empleo es la agencia federal que investiga cargos por discrimen en el empleo. La Comision tiene la autoridad de radicar demandas en la corte federal para poner en vigor el Titulo VII.
En su demanda, la Comision alego que Carnegie Deli sometio a las empleadas a hostigamiento sexual, causando que las mismas fueran despedidas constructivamente, en violacion del Titulo VII de la Ley de Derechos Civiles de 1964 ("Titulo VII")
Para resolver el caso, Carnegie Deli y la Comision han entrado en un acuerdo que provee, entre otras cosas, que: (I) Carnegie Deli accede a que no va a discriminar en el futuro por razon de genero; (2) Carnegie Deli no ejercera represalia contra ninguna persona que se halla opuesto a una practica declarada ilicita bajo el Titulo VII, hallan radicado un cargo al amparo del Titulo VII, participado en un proceso al amparo del Titulo VII, 0 hallan ejercido algun derecho al amparo de este acuerdo; y (3) Carnegie Deli proveera entrenamiento a cualquier empleado 0 empleados en las facilidades de Carnegie Deli con la responsabilidad de responder a las reclamaciones al amparo del Titulo VII hechas por empleados de Carnegie Deli, relacionadas a discrimen, hostigamiento y represalia y relacionadas a su politica prohibiendo discrimen hostigamiento 0 represalia.
Si usted cree que ha sido discriminado, puede contactar la Comision al (215) 440-2600. La Comision no cobra ningun tipo de cargo por sus servicios y tiene empleados que hablan otros idiomas que no son el ingles.
ESTA ES UNA NOTIFICACION OFICIAL Y NO DEBE SER DESTRUIDA POR NADIE
Esta Notificacion debera permanecer publicada por dos alios y medio desde la fecha de abajo y no podra ser alterada, dafiada 0 cubierta con algun otro material. Cualquier pregunta acerca de esta Notificacion 0 el cumplimiento de sus terminos debera ser dirigida a la Abogada Regional, EEOC Philadelphia District Office, 21 South 5th Street, Philadelphia, PA 19106.

Comision de Oportnnidades en el Empleo Fecha:_ _ _ __

Carnegie Deli, Inc. Fecha:_ _ _ _ _ __

 
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CLOSED, SCHEDO
U.S. District Court District of New Jersey [LIVE] (Newark) CIVIL DOCKET FOR CASE #: 2:04-cv-03239-JLL-RJH

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. CARNEGIE DELI INC Assigned to: Judge Jose L. Linares Referred to: Magistrate Judge Ronald J. Hedges Cause: 28:451 Employment Discrimination

Date Filed: 07/08/2004 Date Terminated: 09/14/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by IRIS SANTIAGO-FLORES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PHILADELPHIA DISTRICT OFFICE 21 SOUTH FIFTH STREET SUITE 400 PHILADELPHIA, PA 19106 (215)451-5787 Email: iris.santiago-flores@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

MARISOL RAMOS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PHILADELPHIA DISTRICT OFFICE THE BOURSE BUILDING 21 SOUTH FIFTH STREET SUITE 400 PHILADELPHIA, PA 19106 (215) 440-2687 Email: marisol.ramos@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant CARNEGIE DELI INC

represented by JOSEPH GERARD MONAGHAN 11 STATE STREET HACKENSACK, NJ 07601 (201) 488-7544 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Date Filed 07/08/2004 07/09/2004 08/30/2004 09/21/2004
09/21/2004
09/28/2004 10/20/2004 12/01/2004 01/11/2005 03/15/2005
03/18/2005
03/31/2005

#

Docket Text

1 COMPLAINT against CARNEGIE DELI INC W/ JURY DEMAND, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(ji, ) (Entered: 07/09/2004)
Summons Issued as to CARNEGIE DELI INC.Days Due - 20 (MAILED TO COUNSEL). (ji, ) (Entered: 07/09/2004)
2 SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. CARNEGIE DELI INC served on 8/11/2004, answer due 8/31/2004. (jd, ) (Entered: 08/31/2004)
3 APPLICATION/PETITION for by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Complaint-Attachment A# 2 Affidavit of Process Server-Attachment B)(SANTIAGO-FLORES, IRIS) (Entered: 09/21/2004)
CLERKS OFFICE QUALITY CONTROL MESSAGE - The Application/Petition document number 3 filed by I. Santiago-Flores on 9/21/04 was submitted incorrectly as an Application/Petition. PLEASE RESUBMIT THE Application/Petition BY 9/27/04 USING Request for Default as the correct event*. This submission will remain on the docket unless otherwise ordered by the court. (cs, ) (Entered: 09/22/2004)
4 APPLICATION for Writ of Withdrawal of Entry for Default by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (SANTIAGO-FLORES, IRIS) (Entered: 09/28/2004)
5 ANSWER to Complaint by CARNEGIE DELI INC.(sr, ) (Entered: 10/21/2004)
6 ORDER Initial Conference set for 1/11/2005 10:30 AM in Newark - Courtroom 2C before Magistrate Judge Ronald J. Hedges.. Signed by Judge Ronald J. Hedges on 12/1/04. (nm, ) (Entered: 12/01/2004)
Minute Entry for proceedings held before Judge Ronald J. Hedges : Initial Pretrial Conference held on 1/11/2005. (etj, ) (Entered: 01/13/2005)
7 PRETRIAL SCHEDULING ORDER: Final Pretrial Conference set for 9/7/2005 10:00 AM before Magistrate Judge Ronald J. Hedges. Discovery due by 8/30/2005. Disclosures purs. to Rule 26(a)(1) is closed etc. Signed by Judge Ronald J. Hedges on 1/11/05. (cs, ) (Entered: 03/15/2005)
8 AMENDED PRETRIAL SCHEDULING ORDER amending 7 Pretrial Scheduling Order, to include the corrected second page. Final Pretrial Conference set for 9/7/2005 10:00 AM before Judge Jose L. Linares. Discovery due by 8/30/2005. Signed by Judge Ronald J. Hedges on 1/11/05. (cs, ) (Entered: 03/18/2005)
9 NOTICE of Appearance by MARISOL RAMOS on behalf of EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (RAMOS, MARISOL) (Entered: 03/31/2005)

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09/12/2005 09/12/2005 09/14/2005 09/30/2005

10 SETTLEMENT AGREEMENT by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (RAMOS, MARISOL) (Entered: 09/12/2005)
11 STIPULATION of Dismissal by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (RAMOS, MARISOL) (Entered: 09/12/2005)
12 STIPULATION AND ORDER DISMISSING CASE. Signed by Judge Jose L. Linares on 09/13/05. (nr, ) (Entered: 09/14/2005)
13 CONSENT DECREE . Signed by Judge Jose L. Linares on 09/13/05. (nr, ) (Entered: 09/30/2005)

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2:04-cv-03239-JLL-RJH Start date: 1/1/1970 End date: 6/12/2007

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