Se~-27-2006 0 4 : 1 5 ~ m From-LEGAL UNIT

213-894-1 301

T-946 P. 005/00i F-457

FILED
Clark District Court

1 \JWA Y .PARK 2

Commission

S@ 2 8 2W6

3

4

5

6 WILFRED0 TUNGOL EEOC FIonolulu Local Office
7 Prince Kuhio Federal Building #7-127 300 Ala Moruna Boulevmd
8 Honolulu, Hawaii 96850-0051
i Telephone: 808)541-3121
9 Facsrmile:_C OS) 541-3390
mail: wiliredo.tunaol6keoc.aov 10
Attorneys for Plainriff
11

12 IN THE UNITED STATES DISTRICT COURT
13 FOR TFIE DISTRICT OF TIXI! N0RTHhJX.NMARIANA ISLANnS
14

15 U.S. E UAL EMPLOYMENT
OYPOR?UNITY COMMISSION, 16
Plaintiff,
17
V.
18
-KIFUAPPAREL CORPORA'ITON, 19
Defendant. 2c

Civil Action NoCV 0
COMPLAINT A N D JURY TRLQL
DEMAND

21

22

NATURE OF "ID!ACTION

23

This is an m i o n iinder Title VI1 of the Civil Rights Act o f 1964, as

24 amended ("Title VII"), the Pregnancy Discrjmination Act of 1978,42 U.S.U. 9

25 2000c(k) and Title I of the Civil Rights Act of 199I to comect intentional and

2f unlawhl employment practices on the basis of sex (pregnancy), and to provide

27 appropriate relief to Ou H e Qian, Xiao Yan Chen, Peng Ying Lu,and Lian QiIr Li

28 and other similarly situated women who were discriminated against due ta their

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T - ~ A G P.o o ~ / o o n F-457

1 ex (pregnancy). The Comnissioi~alleges that Ou IIe Qian, Xiao Y m Chen, Peng

2 ring Lu,mdLian QinLi were terminated andor discrirninared agdinsl UJA the

3 w i s of tlicir gender (fanalc) and their pregnancies.

4

~ S P I C T I O NAND VENUE

5

1. Jurisdiction ofthis Court is invoked piirsuant 10 28 U.S.C. $9 451,

6 .331,1337, 1343 and 1345. This action is authorized and instltutedpursuant to

7 Section 70A(f)(l) and (3) d T i k VI1 uftlie Civil Rights Act of 1964, as
S mended, 12 U.S.C.9 NUUe-S(f):)(l) and (3) ("TitleVXJ"), The Pregnancy

9 Xscrimination Act of 1378,42 U.S.C.Q 2000e(k), and Section 102 ofthe Civil
10 Kights ACTof 1991,42 U.S.C. 9 1981a.

11

2. 13ie employmentpractices alleged TO he iinlawful were committed irr

12 Saiyan, Northern Marima Islands and within the jurisdiction of this Court.

13

PARTIES

14

3. PlaintiW, the U.S. Equal Employment Opporniniry Commission (rhe

15 "Cornmission")i,s the agency of the United States of America charged 1mt.hthe
wl, 16 Wkt-tiniStrariOn,interpretationarid G ~ l ~ W ~ C ~ o~flTlit~lci l ~ and the kegnancy

15 Discriminanon Act of 1978,42U.S.C. cj ?OOQe.(k).

18

4. At all rclcvant timcs, Defendant, Rifu Apparel Corporation (the

1 5 "Employer"),a corporatiion rcyislei ed tu do busiiicss in the Commonwcalth of thc

2C Northern Mariana Islaicis, has continuously been chine hiisiness in the island of

21 Saipm, Northern Maritma and has continuouslyhad at least 15 employees.

2;

5. AI all relevail hies, Defendant Employer has continuously bccn an

7: 0-s employer engaged in an industry affec;ringcommerce within rhe meaning of

2L Sections 701(b), ( g ) and (h) of Title WI,42 U.S.C.$5 2000e(b), (6)and (h).

2:

STATEMENT O F CLAIMS

7.f

6 - More than zhirty days prior 10 rhe insdrurion or his lawsuil, Ou He

3'- I vim, Xiao Y a n Chen, Yeng 'Y'ingLu,and Lian Qin Li ("charging parries") each

24 filed a charge With the Commission alleging violations of'litle VI1 by

2

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213-894-1 301

T-U46 P. 007/00U F-487

1 lefendant Employer. All r;wiirliti.ons precedent to thc institution of this lawsuit

2 w e been fulfilled.

3

7. Sincc at least September 2004,Defendant Employer has engaged In

4 inlawfii~employmen1practices at its Saipai fdciliiy, in violation of Section 703(a)
5 )fTitle Vll, 42 U.S.C. 5 2000e-2(a) by fai1in.gto renew rhe employment convacts

6 Ifcharging partics Qim, Chen,and Li and the Temporay Work Authorization

7 :onuact of Lu because k y Gtxamr; pregnant. Dcfcndant deprived thcm and

8 iimi1arIy situated indiwduals of employnient benetits given to employees nor:

9 tffected by prcgnancy.

10

8- The effecr of rZle praciice w ~ u p l a i ~0i d1above has been to dcprivc

11 the chargng parhes and other similarly situated individmls nf eqiisl employment

12 qqmrtunities and otlicrwisc advcrsely affect their status as an employee, because

1.3 nf their sex (pregnancy).

14

9. T h e Unlawhl employment practices complained ofabove were

15 intentional.

16

IO. The unlawful employmtxit practices wII~pltiiiicxlwC above .were doiic

17 with malice or with reckless indiflermce,TO The federally protected rights of the

ia charging parties and other similarly situated individuals who were discriminated

19 against because:h e y tecaiie pregnant.

2u

PMAYER FOR WELIEF

21

Whcrcfore, the Commission respecthlly requests that this Court:

22

A. Grant a permanent irijuric;tiuutxijuhiiug D~k~irlaiEitiiiployex, its

23 officers, successors, assigns, and all parsons in acrive cnncerr or participation wirh

24 it, fiom engaging in discriminationon the bmig ofpregnancy and any other

25 cmploymcnt practicc which discriminatcs on the basis of sex.

2f

R. Order Defendant Employer 10 insdrute and carry our policies,

27 practices, and propams which provide equal employment opportumfies for

25 women, and which eradicate the effects of its past and present unlawful

3

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213-894-1301

1 :~niployixai it practices.

2

C. Order Defmclant Employer to make whole Ou He Qian, Xiao Yan

3 :hen, Peng Ying Lu, and Lian Qin Li and other sirmlarly situated individuds who

4 were dkx-hriimdkdagaiiist 011 thc basis of pregnancy, by providing approprintc

5 jackpay with prejudgxnenr inrerest, in amounts to be determined at trial, and other

6 iffinnative relief necessary to eradicate rhe effects of its unlawful employment

7 JlaGliGeS.

8

D. Order Defendant Employer to make whole Ou He Qian, Xiao Yan

9 Zhen, Peng Ying Lu, and Lian Qin Li and other similarly situated individuals who

10 WCK disciiiiiiiiatcd against on the basis ofpregnancy, by providing compmsation

11 forpast and fiit~irep.ecuniary losses resulting fkom the unlawful employment

12 practices described above, including medical expenses not paid by the Employer,

13 in amounts to be d e t c h c d at trial.

14

E. Order Defendant Employer to make Ou He Qian, Xiao Yan Chen,

15 Peng Ying Lu,and Lian Qin Li whole and other similarly situated individualswho

16 were discrimioatcd against on tlic basis of pregnancy, by providing compensation

17 for past and fiinire, ncmpeciiniay losses resulting from the unlawhl practices

18 complained of above, including emotional pain and suitering, inconvenience, loss

19 of enjoyment of lifc, and humiliation, in amounts to be determined at trial.

211

F. Order Defendant Employer to pay O u He Qian, Xiao Yan Chen, Peng

21 Ying Lu, and Lian Qin Li and other similarly situated individuals punitive

22 danlagcs for its malicious and reckless conduct dcscribcd abovc, in amounts 10 bc

22 determined at trial.

24

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

25 the public inrerest.

2t

H. Award the Commission its costs o f this action.

27 ///

28 ///

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213-894-1 301

1

JURY lT2JAL DEMAND

2

The Commission requests ajury trial on all questions of fact raised by its

3 :omplaint.

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Date: Sept.einher27, 2006. 14

RONALD S. COOPER General Counsel JAMBS LEE
nepiity Generill Coiinsel
GWENDOLYN YOUNGREAMS Associate General Counsel U.S. Equal 'Employment opportunity
Commi ssi on
r - - - W18a0s1hLingSttorene,tbCN.W20.507
.--- .-.
ARNeNgAi o n a w r '

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U.S. Equal Employment Opportunity

16

Commission

255 F,ast.Tern le Street 4l" Floor

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Los Angeles, EA 90012

le

1s 2c

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2:

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2.' 2f

2:
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Received Sep-20-2006 08:07

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TO-US DISTRICT COURT, N Pore 008

 
 FILED Clerk
District Court

1 ANNA Y. PARK, CA SBN 164242
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7 WILFRED0 TUNGOL HI SBN 2550 U.S. EEOC - HONOLdLU OFFICE
8 300 Ala Moana Boulevard, Room 7- 127 P.O. Box 50082
9 Honolulu, Hawaii 96850 Telephone: (808)541-3121
10 Facsimile: 808 541-3390

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IN THE UNITED STATES DTSTRTCT COURT

I5

FOR THE NORTHERN MARMNA ISLANDS

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17 U.S.EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
18

19

Plaintiff,

Case No.: 06-0030

20

V.

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22

W U APPAREL CORPORATION;
KYUNGSEUNG (SATPAN), INC.;

23 POONG IN(SATPAN), LNC.; and

24 L & S APPAKEL CORPORATION;

25

Defendants. ---.__

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27

Plaintiff U.S.Equal Employment Opportunity ommission (the “EEOC” or

28 “Commission”) and Defendant Poong In (Saipan), (“Poong In”) hereby

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PURPOSES AND SCOPE OF THE CONSENT DECKEE

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A. The Decree is made and entered into by and between the EEOC and

19 ’oong ‘in,and shall be binding on and enforceableagainst the EEOC and Poong Ir

20 1s well as its officers, directors, agents, successors and assigns (the “Releasees”).

21 2ollectively, the EEOC, Poong In, and Releasccs arc referred to herein as the

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loyment discrimination

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law;

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ent discrimination

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policy reflective of federal law; an

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with respect to Poong

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In.

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Action. Further, this

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d Hahn Thi Vu

13 .abed by the EEOC in this Action.

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19 statute.

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I D. This Decree in no way affects the EEOCjs right to bring, process,
investigateor litigate other charges that may be in exi tence or may later arise against Poong In in accordance with standard EEOC rocedures, except that such charges or any underlying charging parties cannot be dded to this proceeding.

lv.

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25

JURISDICTION

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A. The Court hasjurisdiction over the Parti and the subject matter of

27 this lawsuit. This Action asserts claims that, if prove would authorize the Court

28 to grant the equitable relief set forth in this Decree. terms and provisions of

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EFFECTIVE DATE AND DuRATIOlv OF DECREE

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10 immediately upon the date which this Decree is entered by the Court (the

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MODLE'ICATLONAND SEVERABILITY

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A. This Decree constitutes the complete uncerstanding of the Parties witl

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VU.

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COMPLIANCE ANI) DISPUTE &,SOLUTION

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A. The Parties expressly agree that if the Commission has reason to

4 believe that Poong In or the Releasees have failed to ciomply with any provision of

5 this Consent Decree, the Commission may bring an action before this Court to

6 anforce the Decree. Prior to initiating such action, the! Commission will nutif)

7 Poong In andor its successors, and itdtheir legal cour sel of record, inWriting, of

8 the nature of the dispute. This notice shall specify the! particular provision(s) that

9 the Coinmissionbelieves Poong In and/or its successcm have breached. Absent a

10 showing by either party that the delay will cause irreparable harm, Poong In and/oi

11 its successors shall have thirty (30) days to attempt to resolve or cure thc brcach.

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1 receive releases fiom each of Ou He Qian,Jun Mei Lu, Jin Ping Wu, and Hahn Thi

2 Vu before payment, shall forward, via certified mail, cbrrespondingchecks to Ow

3 4
5

;I He Qian, Jun Mei Lu,JinPing Wu, and Hahn "hi Vu. The monies shall be
designated as non-wage compensation under Title VI1 and no tax withholding shall be made. Poong In shall prepare and distribute 1 99 tax reporting forms to

G Each individual identified by the EEOC and shall make the appropriatereports to

7 h e Internal Revenue Service and other tax authorities. Within three (3) business

8 days of the issuance o f each and every settlementcheck, the Company shall submii

9 a copy ofeach check and related correspondenceto Anna YePark,Regional

10 Attorney for the U.S. Equal Employment Opportunity Commission,255 East

11 Temple Street, 4th Floor, Los Angeles, CA, 90012.

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M.

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GENERAL INJUNCTIVE RELIEF

14

A. Non-Discrimination:

15

Poong In and its successors, as well as their officers, agents, management

16 (including all supervisory employees), successors, assigns, and all those in active

17 concert or participation with them, or any of them, hereby are enjoined not to

18 discriminate against persons on the basis of sex or pregnancy in the terms and

19 conditions of employment or through creation of a hostile work environment.

20

B. Retaliation:

21

Poong In, its oficers, agents,management (including all supervisory

22 employees), successors, assigns, and all those in active concert or participation

23 with them, or any of them, hereby are enjoined not to engagc in, implement or

24 permit any action, policy or practice with the purpose of retaliating against any

25 current or foimer employee or applicant of Poong In and/or its successors, or eithe

26 of them, because he or she has in the past, or during the term of this Decree: (a)

27 opposed any practice made unlawful under Title VII; filed a charge of

28 discriminationalleging such practice; (c)testified or icipated in any manner in

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3 this case and/or relatingto any claim of a Title VI1 vidatiun; (d) was identifiedas
4 a possible witness or claimant in this action; (e) assertd any rights under this
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1 five (45) days of the Effective Date, Poong In shall submit to the Commission a

2 statement confirming this distribution and posting of tlhe Policy.

3

For each new employee and manager hired afteb the training described

4 above, Defendant Poong In shall ensure that the new hmployee and manager

5 received the Policy within thirty (30)days of employment.

6

B. Posting of Notice of Consent Decree and Settlement:

7

Within thirty (30) days of the Effective Date, Poong In shall ensurethat it

8 has posted the Notice of Consent Decree and Settlement (the “Notice,” attached to

9 the Consent Decree as Attachment A), translated into English, Chinese and

10 Korean, in a conspicuous and accessible place to all employees in legible font.

,“ 11 Within thirty (30) days of the Effective Date, Poong X shalI submit to the
12 Commission a statement confirming the posting of th Notice.

13

C. Training:

14

Within ninety (90) days of the Effective Date of this Decree, Poong In shall

15 provide training of at least one hour duration to all managers, supervisors, and

16 human resoureedcompliance personnel covering its Policy and fcderal laws

17 regarding employment discrimination on the basis of sex or pregnancy. All

18 persons required to attend such training shall verifjr their attendancein writing.

19 Within ninety (90) days of the Effective Date, Poong In shall submit to the

20 Commission a statementdescribingthe training provided and the materials to be

21 used in this training.

22

By the end of each year following the Effective Date of this Decree, Poong

23 In andor its successorsshall provide an additional training to all managers,

24 supervisors, and human resoureedcompliance personnel covering its Policy and

25 fedewl laws regarding employment discrimination on the basis of sex or

26 pregnancy. All persons required to attend such traini shall verify their

27 attendance in writing. Within ten (10) days of each

training, Poong In

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1 mdor its successors shall submit to the Commission a statementdescribing the

2 rainingprovided md the materids used in eachtmining.

3

D. Record Keeping:

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5
G

\ Poong In andor its successors shall establish a ecord-keepingprocedure
hat provides for the centralized tracking of discrimin tion complaints and the nonitoring of such complaints to prevent retaliation. e records to be maintained

7 ;hall include:

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1. All documents generated in connection with any complaint,

9

investigation into, or resolution of cvery complaint of

10

discriminationor retaliation for the duration ofthe Decree and the

11

identities ofthe parties involved;

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2. All forms acknowledgingany new employees' receipt of Poong

13

In's revised discrimination and anti-retaliation policy; and

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3. All documents verifying the occurrence ofall training sessions and

15

names and positions of all attendees for each session as required

16

under this Decree

17

The foregoing documents shall be summarized in the annual reports set

18 forth below.

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E. Reporting:

20

Poong In and/or its successors shall provide the following reports

21 mually throughout the term of this Decree:

22

1. 'Ilhe attendance lists of all attendees for all training sessions

23

required under this Decree that took place during the previous

24

twelve months;

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2. Acknowledgments of receipt of the revised discrimination and

26

harassment policy for all new employees hired during the prcvious

27

twelve months;

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3. A description of all discrimination and/or retaliation complaints made

2

since the submission of the immediately preceding report hereunder.

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This description shall include the names df the individuals alleging

4

discrimination or retaliation, the nature or the harassment or

5

retaliation, the names of the alleged perpetrators of harassment or

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retaliation, the dates of the dleged discriminationor retaliation, a

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+ brief surnmasy of how each complaint wa$rcsolved, and the identity
of Poong In’s empIoyee(s) who invest@ d or resolved each

9

complaint. If no results have been reach+ as of the time of the

10 11 12 13

4.
5.

! report,the result shall be includcd in the ext report;
An analysis of the monitoring done for re eat complaints by employees and investigation of complain ;and Verification that the Notice of Consent D Cree and Settlement has

14

continued to be posted in a conspicuous d accessible place to all

15

employees.

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E. Notification of Closure:

17

If Poong In or the Releaseeshave ceased all business operationswithin the

18 CNMI or any insular area or state of United States of America before the

19 axpiration of this Decree, Poong In and/orits successors will notify the EEOC and

20 provide proof of such closure. Poong Tn understands that its obligations under the

21 Consent Decree continue for the full-tcrm of the Consent Decree, regardless of

22 whether Poong In eventually ceases operations. If Poong In or the Releasees

23 during the tem of the Consent Decree start another business entity in Saipan or

24 any insular area or state of the United States, they sha notify the EEOC in writing

25 within ten (1 0)days of the initiation of operations.

26 I l l

27 I//

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XI.

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COSTSOF ADMINISTRA"I0P AND TMh'LEMENTATlON

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A. Poong In shall

its administration and

5 implementation of its

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XTI.

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COSTS AM) ATTORNEYS' FEES

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

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XnI.

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MISCELLANEOUS PROVlSilONS

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A. During the term of this Consent Decree, Poong In shall provide my

12 potential successor-in-interest with a copy of this Consent Decree within a

13 reasonable time of not less than thirty (30)days prior to the execution of any

14 agreement for acquisition or assumption of control of any or all of Poong In's

15 facilities, with tlic intent to use such for the manufacture of gmnents in the CNMI

16 or other US.jurisdiction, or any other material change in corporate structure,and

17 shall simultaneously inform the EEOC of same.

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B. During the term of this Consent Decree, Poong In and its successors

19 shall assure that each of its officers, managers and supervisorsisaware of any

20 tem(s) of this Decree which may be related to hidher job duties.

21

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

22 required under this Decree shall be delivered to the attention of Anna Y. Park,

23 Regional Attorney, US. Equal Employment Opportunity Commission, 255 East 24 Temple Street, 4th Floor, Los Angeles, CA, 90012; facsimile numbcr (213) 894-

25 1301.

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D. The Parties agree to enlry of this Decree and Juclment subject to fina

27 approval by the Court.

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All Parties, through the undersigned, respectfully apply for and consent to

2 he entry ofthis Consent Decree Order.

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RespectfbHy submitted,

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EMPLOYMENT
TY COMMISSION

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>ate: H
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Z ZZ,ZH&/ 1

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12 Date: 13
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LW
Richard W.Pierce
Attorney for Defendant Poong In

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[PROPOSED] ORDER

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GOOD CAUSE having been shown, the provisions of the foregoing Consen

18 Decrec arc hereby approved and compliance with all provisions thereof is
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[S HEREBY OKUEKED, ADJUDGED A N D DECREED.
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22 Date:
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Al& R.Munson

United Spates District Court Judge

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Attachmeiit A

NOTICE OF CONSENT DECREE

This Notice is being posted pursuant to a Consent Decree entered ~ythe Federal Court in the casc of U.S. EEOC v. R i k Auparel Cornoration: Kyungseung (Saivan),Tnc.; Poonq In (Stiitipan),Tnc.;and L & T Appard Copration, Case No. 06-OC30,settling claims by
the United StatesEqual Employment Opportunity Commission (“Y3EEOC”’)against
Dcfcndant Poong In (Saipm), Inc. (“Poong In”), only.

In its suit, the EEOC allcgcd that I)elkn&.int Poong In discriminated against certain fernalc cmpIoyees due to their sex and pregnancy in violation of Title VU. of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act of 1978 (“Title VII”).

’i’o resolve this lawsuit, the parties have entcrcd into a Consent Decree which provides for injunctive remedies including the following:

1. To provide appropriate monctary relief; 2. To ensuc that its employment practices comply with federal law; 3. To ensure a work environment fiee from retaliation; 4. To ensure training of managcfs in employment discriminationlaw; and 5. To ensurc dissemination ofa policy against employment discrimination.

The EEOC enforces the federal laws against discrimination in employment on the basis of disability, race, color, religion, national origin, sex mid age. If you believe you have been discriminated against, you may contact thc EEOC at 300 Ala Mnana Rlvd., Room
7-127, P.O. Box 50082,Honolulu,Hawaii, 96850-005I ;or you inay call phonc nurnbcr
(808) 541-3 120. ‘l’heEEOC charges no fees and has employees who speak languages
other than English, including Chinese.

No actionmay be taken against any employee by any Poong In management official for: 1 . opposing discriminatory practices made unlawfil by federal law, 2. filing, or assisting or participating in the filing of a charge of discrimination, or
3. assisling or participating in an investigation brought under Title VII. Any such retaliatory actions should bc reported to the EEOC at the addrcss listed above.

THIS IS AN OFFTCTAL NOTICE AND MUST NOT RE DEFACED BY ANYONE

This Notice must remain posted for four (4) 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 EEOC at:
300 Ala Moana Blvd., Room 7-127, P.0. Box 50082, Honolulu, Hawaii, 96850-0051 (Re: Consent Decree with Defendant Poong In).

Date: Nt5 M(y&e*&d. 7-

& &d
U.S. District Judge Alex R. Munson

 
 C
JAN 2.3$008
e

I ANNA Y.PARK, C A SBN 164242

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IN THE l.JNmED STATES DISTRICT COURT

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FOR THE NORTHERN MAEUANA ISLANDS

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US. EQUAL EErlPLOYEJXENT OPPORTUNITY COMMISSION,

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19

Plaintiff,

20

v.

21

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RIFU APPAREL CORPORATION; K W G S E U N G (SAPAN), Tr\TC.;

23 POONG IN( S A W A N ) , MC.;and

24 L & S APPAREL CO€U?ORATION;

Case No.: 06-0030
AND CONSEm DECREE BETWEN PLAINTIFF EEOC ANI
DEFENDANTS RIFU APPAREL CORPORATION; KYUNGSEWG
(SAIPAN), INC.; aud I,& S
APPAREL CORPORATION

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Defendants.

L

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D

T.S. Equal Employment Opportunity Commission (the “EEOC” or

2 “Commission”) and Defendants Rifb AppareI Corporation (‘CRifuApparel”),
3 Kyungseung (Saipan), Inc.(“Kyungseung”),and L & S Apparcl Corporation(“L

4 & S Apparel”) hereby stipulate and agree to entry of this Final Judgment and

5 Consent Dccree (the “Decreey’)to fully and finally resofve the Commission’s 6 complaint against the named Defendants in US.h u a l Emploment Opportunity

7 Commission v, Rifu ADparel Corporation: KyunaseunR (Saipan), Tnc.; Poong In
8 (SaiDanl, hc,;and L & S Apparel Cornoration; Civil Case No. 06-0030(the

9 “Action”). On September 28,2006, Plaintiff fded this Action in the United States 10 District Court for the Northern Mariana Islands claiming violations of Title VfI of

11 the Civil Rights Act of 1964, as amended, and the Pregnancy Discrimination Act
12 of 1978,42U.S.C.# 2000e et seq. (“Title VU”). The Action, as amcndcd on May

13 29,2007, alleges that Defendants discriminatedagainst Charging Parties Xiao Yan

14 Chen, Peng Ying Lu,and Lian Qin Li (collectively “Charging Parties”), as well as

15 Ou He Qian and other similarly situated women due to their sex (pregnancy). The

16 resolutionmemorialized in this Decree is with regardsto Defendants Rifu Apparel

17 Kyungseung, and L & S Apparel.’

I8

II.

19

PURPOSES AND SCOPE OF THE CONSENT DECREE

20

A. The Decree is wade and entered into by and between the EEOC and

21 Defendants Rifw Apparel, Kyungseung, and L & S Apparel (hereafter referred to

22 collectively as “Defendants”), and shall be binding on and enforceable on the

!

23 EEOC and each of the Defendants, as well as its officers, directors, agents,

24

25

26
I The fourth Defendant, Poong In (Saipar& Inc., has separately agreed to a
27
Final Judgment and Consent Decree, which Wac, separately filed and entered on
28
November 6,2007.

-2-

1 successors and assigns (the ‘SReleasees”). Collectively,the EEOC, Defendants,

2 and Releasees are referred to herein as the ‘Tarties.”

3

B. The Parties have entered into thisDecree for the followingpurposes:

4

1. To provide appropriate monetary and injunctive relief;

5

2. To ensure that its employmentpracticescornpIy with federal

6

law,

7

3. To emme a work environment free from retaliation;

8

4. To ensure training ofmanagers in employment discrimination

9

law;

10

5 . To ensure dissemination of an employment discrimination

11

policy reflective of federal law; and

12

6. To conclude and terminate this litigation.

13

m.

14

RELEASE OF CLAIMS

15

A. This Decree Mly and completely resolves all issues, c l a d and

16 alfegationsraisedby the EEOC against Defendants Rifu Apparel, Kyungseung,

17 and L & S Apparel in this Action. Further,this Decree filly and completely

18 resolves all issues, claims, and allegations raised by the EEOC in this Action on

19 behalfof Xiao Yan Chen, Peng Ying Lu,Lian Qin Li, andthe class of similarly

20 situated women.

21

B. Nothing in thisDecree shall be construedto preclude any party fiorn

22 bringing suit to enforce this Decree in the event that any party hereto fails to

23 perform the promises and representationscontained herein.

24

C. Nothing in this Decree shall be construed to limit or reduce

25 Defendants’ obligation to comply l l l y with Title VII or any other federal

26 employment statute.

27

28

-3-

1

D. This Decree in no way affects the EEOC’s right to bring, process,

I 4

nvestigate or litigate other charges that may be in existence or may later arise

igainst Defendants in accordance with standard EEOC procedures.

1

Iv.

4

JURISDICTION

t

A. The Court hasjurisdiction over the Parties and the subject matter of

1 his lawsuit. This Action asserts claims that, if proven, would authorize the Court

I o grant the quitable relief set forth in this Decree. The terms and provisions of

5 his Decree are fair, reasonable and just. This Decree conforms with the Federal

1( tules of Civil Procedure and Title VII and is not in derogation ofthe rights or

11 rivifeges of any person.

11

B. The Court shall retain jurisdiction during the duration of the Decree

13 or the purposes of entering all orders,judgments and decreesthat may be

14 tecessary to implement the retief provided herein.

15

V.

16

EFFECTIVE DATE AND DURATION OF DECREE

17

A. The provisions and agreements contained herein are effective

I8 mediately uponthe date which this Decree is entered by the COW(the

19 fEff’ectiveDate”).

20

B, Except as othcrwise provided herein, this Decree shall remain in

21 lffect for four (4) years after the Effective Date.

22

VI.

23

MODIFICATION AND SEVERABILITY

24

A. This Decree constitutes the complete understanding of the Parties witl

25 espect to the matters contained herein. N o waiver, modificationor amendment of

26 ny provision ofthis Decree will be effective unless made in writing and signedbj

27 n autlmrizd representativeufeach ofthe Parties.

28

-4-

1

B. If one or more provisions of the Decree are renderedunlawful or

2 menforceable,the Parties shall make good faith effortsto agree upon appropriate

3 unendmentsto this Decree in order to effectuatethe purposes of the Decree. In

4 my event, the remainingprovisions will remain in fbli force and effect unless the

S mposes of the Decree cannot, despite the Parties' best efforts, be achieved.

6

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

7 nodified in the interests ofjustice and fairness in order to egectuate the provisions

8 aerein.

9

VII.

10

COMYLIANCE AND DISPUTE REXOLUTION

11

A. The Parties expressly agree that if the Commission has reason to

12 3elieve that any of the Defendants or the Releasees has failed to comply With any

13 irovision of this Consent Decree, the Commission may bring an action before this

I4 2ourt to enforce the Decree. Prior to initiating such action, the Commissionwill

15 iotifLthe Defendant, Releasee, its successor, and/or its legal counsel of record, in

16 writing, of the nature of the dispute. This notice shaIl specif;l the particular

17 novision(s) that the Commission believes Defendant, Releasee, andlor its

18 uccessors have breached. Absent a showing by either party that the delay will

19 ;ause irreparable harm, Defendant, Releasee, and/or its SucCesmrs shall have thim

20 130) days to attempt to resolve or cure a breach of any Ron-monetary provisions,

21 md five ( 5 ) days to attempt to resolve or cure a breach of any monetary provision.

22

€3. The Parties agree to cooperatewith each other and use their best

23 :fforts to resolve any dispute referenced b the EEOC notice.

24

C. Afier thirty (30) days have passed--in the case of a non-monctary

25 >reach-+r five (5) days have passed-in the case of a monetary breach-with no

26 esolution or agreement to cxtcnd the time further, the Commission may petition

27 his Court for resolution of the dispute, seeking all available relief, including an

28 :xtensionofthe term ofthe Decree for such period of time as the Defendants

-5-

1 and/or its SUCC~SSO~aSre shown to be in breach ofthe Decree and includhg

2 payment for the Commission's costs and attorneys' fees incurred in securing

3 compliance with the Decree.
4

m.

5

MONETARY RELlEF

6

A. In settlement of this lawsuit, $60,000.00 (sixty thousand dollars and

7 zero Gents) shall be paid to ChargingParties Xiao Yan Chen, Peng Ying Lu,and

8 Lian Qin Li by Defendants as desighated by the EEOC and set forth herein.

9 Defendants shall pay $30,000.00within thirty (30)days after the Effective Date of

10 this Decree, and the remaining $30,000.00over the course of the following 180

11 days, as set forth herein. The distribution of monies to the Charging Parties shall

12 be made at the sole discretion of the EEOC.

13

B. For any amountto be paid by Kyungseung,Kih Apparel isjointly

14 and severally liable as to the amumt and timing of payments. Rifu Apparel is

15 liable for any default inpayment by Kyungseung With respect to the schedule set

16 forth herein, However, Kyungseung is not liable forthe paymentsdue fiom L & E

17 Apparel.

18

C. For any amountto be paid by L & S Apparel, Rifu Apparel isjointly

19 and severally liable as to the amount and timing of payments. Rifu Apparel is

20 liable for any default in payment by L & S Apparel with respect to the schedule se

21 forth herein. However, L & S Apparel is not liable for the payments due from

22 Kyungseung.

23

1). Within thit?;y (30) days ofthe Effective Date ofthe Decree,

24 Defendants shall establish 8 trust fund for $30,000.00to be administered by

25 Richard W.Piercc Law Office, LLC and held by Richard W. Pierce Law Office,

26 LLC under the name ofRichard W. Pierce Law Office, LLC Trust Account (L(Tru5

27 Fund") for the sole purpose of guaranteeing the monetary payments that are the

28 subjects ofthis Decree. If any payment as outlined in this Dccrce is dclinqucnt,

-6-

1 then the fuil amount of the sum yet to be paid under the Decree immediately shall

2 be due and payable to each ofthe Charging Parties throughthe Trust Fund. The

3 trust amount shall not be used for any other purpose.

4

E. The EEOC shall send to Defendants through its r;ounsel a letter (the

5 ‘DistributionLmer”)designating the amount of the individual distributionsto be

6 made and the addresses to which the checks should be sent. Within thirty(30) 7 days of the Effective Date, Defendants, who will receive releases h m Xiao Y m

8 Chen, Peng Ying Lu,and Lian Qin Li, shall forward,via certified mail or hand

9 delivery, corresponding checks in the amounts to the Charging Parties as set forth

10 in the schedule below. The monies shall bc designated as non-wage compensation

11 under Tide VII, and no tax withholding ha11be made,Each Defendant who made

12 the payment shall prepare and distribute 1099 tax reporting forms to each

13 individual idmtified,bythe EEOC and shall make the appropriatereports to the

14 Internal Revenue Service and other tax authorities. Within three (3) business days

15 of the issuance of each and every settlement check, the Company shall submit a

I6 copy of each check and related correspondenceto Anna Y. Park, Regional

17 Attorney for the U.S.Equal Employment Opportunity Commission,255 East

18 Temple Street, 4th Floor, Los Angeles, CA, 90012,

19

F. The schedule for payment is as follows:

20

Xiao Yan Chen

21

1. By 30 days af€erthe Effective Date of the Consent Decree,

22 Kyungseungshall pay $10,000 in accordancewith the EEOC Distribution Letter ta

23 Xiao Yan Chen.

24

2, By 60days afterthe Effective Date of the Consent Decree,

25 Kyungseung shall pay $1,666.00 in accordance with the EEOC Distribution LFtter

26 to Xiao Yan Chen.

27

28

-7-

1

3. By 90 days after the Effective Date of the Consent Decree,

2 Kyungsemgshall pay $1,666.00in accordance with the EEOC Distribution Letter

3 to Xiao Yan Chen,

4

4. By 120 days after the Effective Date of the Consent Decree,

5 Kyungseung shall pay $1,666.00 in accordance with the EEOC Distribution Letter

6 to Xiao Yan Chen.

7

5 , By 150 days after the Effective Date of the Consent Decree,

a Kyungseung shall pay $1,666.00 in accordance with the EEOC Distribution Letter

9 to Xiao Yan Chen.

10

6. By 180 days after the Effective Date ofthe Consent Decree,

I1 Kyungseung shall pay $1,666.00in accordancewith the EEOC DistributionLetter

12 to Xiao Yan Chen.

13

7. By 210 days after the Effective Date of the Consent Decree,

14 Kyungseungshall pay $1,670.OOin accordance with the EEOC Distribution Letter

15 to Xiao Yan Chen.

I6

Peng Yina Lu

17

8. By 30 days afler the Effective Date of the Consent Decree,

18 Kyungseungshall pay $10,000 in accordance with the EEOC Distribution Letter tc

19 Peng Ying Lu.

20

3. By 60days afterthe Effective Date of the ConscntDecree,

21 Kyungseungshall pay $1,666.00 in accordancewith the EEOC Distribution Letter

22 :o Peng Ying Lu.

23

10. By 90 days after the Effectivc Date of the Consent Decree,

24 Kyungseungshall pay $1,666.00 in accordancewith the EEOC Distribution Letter

25 :o Peng Ying Lu.

26

11. By 120 days after the Effective Date of the Consent Decree,

27 Kyungseung shall pay $1,666.00 in accordance with the EEOC Distribution Letter

28 o Pcng Ying Lu.

1

12. By 150 days after the Effective Date of the Consent Decree,

c 1

KyuTlgscungshall pay $1,666.00 in axordame with the EEOC DistributionLetter

to Peng Ying Lu.

4

13. By 180 days after the Effective Date of the Consent Decree,

5 Kyungseungshall pay $1,666.00 in accordance with the EEOC Distribution Letter

I io P e q Ying Lu.

r
i

14. By 210 days after the Effective Date of the Consent Decree,

e Kyungseung shall pay $1,670.00 in accordace with the EEOC DistributionLetter

s EO Peng Ying Lu.

14

Lian 031Li

11

15. By 30 days after the Effective Date of the Consent Decree,

12 L, & S A p p i ~s~hlall pay $10,000 in accordancewith the EEOC DistributionLetter

13 :oLian Qin Li.

14

16. By 60days afterthe Effective Date of the ConsentDecree,

15 L & S Apparel shall pay $1,666.00 in accordance with the EEOC Distribution

16 Letter to Lian Qin Li.

17

17. By 40 days after the Effective Date of the Consent Decree,

18 L & S Apparel shallpay $1,666.00in accordance with the EEOC Distribution

19 Letter to Lim QinLi,

20

1E. By 120 days afier the Effective Date of the Consent Decree,

21 & S Apparel shall pay $1,666.00 in accordance with the EEOC Distribution

22 &tar to Lian Qin I,i,

23

19. By 150 days after the Effective Date of the Consent Decree,

24 a & S Apparel shall pay $1,666.00 in accordance with the EEOC Distribution

25 ,etter to Lian Qin Li.

26

20. By 180 days after the Efleclive Date of the Consent Decree,

27 .I & S Apparel shall pay $1,666.00 in accordance with the EEOC Distribution

28 .etter to Lian Qin Li,

1

21. By 210 days after the Effective Date of the Consent Decree,

2 L & S Apparel shall pay $1,670.00in accordance with the EEOC Distribution

3 Letter to Lian Qin Li.

4

M.

5

GENERAL I[NJzTNCTIW RELIEF

6

A. Non-Discrimination:

7

Each of the Defendants, and its successors,as well as its officers, agents,

I

a nanagement (including all supervisory employees), successors, assigns, and all

9 ,hosein active concert or participationwith them, or any of them, hereby are

la :njoined not to discriminateagainst persons on the basis ofsex or pregnancy in t h e

11 'emsand conditionsof employmentor through creation ofa hostile work
12 :nvironment .

13

B. Retaliation;

14

Each of the Defendants, its officers, agents, management (including all

15 upervisory employees), successors,assigns, and all those in active concert or

16 mrticipationwith them, or any of them, hcrcby arc cnjoined not to engage in,

17 mplement or permit my action, policy or practice with the purpose of retaliating

18 gainst any current or former employee or applicant of any ofthe Defendants

19 md/or its successors, or either of them,because he or she has in the past, or during

20 he term ofthis Decree: (a) opposed any practice made unlawful under Title VU;

21 b) filed a charge ofdiscriminationalleging such practice; (c) testified or

22 rarticipatedin any manner in any investigation (including without limitation, any

23 nternalinvestigationundertaken by any of the Defendant and/orits successors}or

24 roceedingin connectionwith this case andor relatingto any claim of a Title VI1

25 dolation; (d) was identified as a possible witness or cIaimant in this action;(e)

26 lsseried any rights under this Decree; or (f) sought andor received any relief in

27 ccordance with thisDecree.

28

-1 n-

1

X.

2

SPECIRIC INJWNCTIVE RELJXF

3

A. Policies and Procedures:

4

Each of the Defendants shdl review, implement; revise (as necessary),

5 distribute, and post its policies and procedures against discrimination and

6 retaliation prohibited by Title VI1 (the “Policy”). Such policies and practices shall

7 include:

8

1. A clear explanation of prohibited conduct;

9

2. Assurance that employees who make complaints of harassment m#o~

10

discrimination or provide information related to such complaints are

11

protected against retaliation;

12

3. Assurance that Defendants will take prompt and appropriate

13

comctive action when it determinesthat discriminationand/or

14

retaliationhas occurred.

15

Within thirty (30) days ofthe Effective Date of this Decree, each of the

16 Defendants shdi provide to the EEOC a copy ofits Policy. Withinforty-five (45)

17 days of the Effective Date, each of the Defendants shall ensure that it has

18 distributedits Policy, inthe primary language of the employee or manager, to each

19 :mployee and manager. Within forty-five (45) days ofthe Effective Date, each of

20 tbe Defendants shall submit to the Commission a statement.confirmingthe

21 distribution of the Policy.

22

Within forty-five(45) days ofthe Effective Date, each of the Defendants

23 shall ensure that it has posted the Policy, translated into Enghsh, Chinese and

24 Korean in Iegible font, in a place both conspicuous and accessible to dl employee:

25 Within foriy-five (45) days ofthe EffectiveDate, each of the Defendants shall

26 submit to the Commission a statement confirming this distribution and posting of

27 the Policy.

28

-1 1-

1

For each new employee and manager hired after the training described abuw

2 each of the Defendants shall ensure that the new employee and manager received

3 the Policy within thirty (30) days of employment.

4

B. Posting of Notice ofConsent Decree and Settlement:

5

Within thirty (30) days of the Effective Date, each of the Defendants shdl

6 ensure that it has posted the Notice of Consent Decree and Settlement (the

7 “Notice,”attached to the Consent Decree as Attachment A), translated into Englisl

8 Chinese and Korean in legible font, in a conspicuous and accessible place to all

9 employees. Within thirty (30)days of the Effective Date, each of the Defendants

IO shall submit to the Commissiona statement confJrming the posting of the Notice.

11

c. ”rainina:

12

Within ninety (90) days of the Effective Date of this Decree, each of the

13 Defendants shall provide training of at least one hour duration to all managers,

14 supervisors, and human resourcedcompliance personnel covering its Policy and

15 federal laws regarding employment discrimination on the basis of sex or pregnant:

16 All persons requircd to attend suchtraining shall veri@ their attendancein writing.

17 Within ninety (90) days of the Effective Date, each of the Defendants shall submit

18 to the Commission a statemcnt describing the training provided and the materials

19 to be used in this training.

20

By the end of each year following the Effective Date of this Decree, each of

21 the Defendantsandor its successorsshall provide an additional training to all

22 managers, supervisors, and human resourceslcompliance personnel covering its

23 Policy and federal Iaws regarding employment discrimination on fhe basis of sex

i

24 or pregnancy. All persons required to attend such training shall verify their

25 attendance in Writing. Within ten (10) days of the additional training, each ofthe

26 Defendants and/or its successors shall submit to the Commission a statement

27 describingthe training provided and the materials used in the training.

28

D. Rccord Keeping:

-12-

1

Each of the Defendants andor its successors shall establish a record-keeping

2 procedure that provides for the centralized tracking of discrimination complaints

3 and fhe monitoringof such complaintsto prevent retaliation. The records to be

4 maintained shall include:

5

AI1 documents generated in Gomection with any complaint,

6

investigation into, or resolution of every complaint of

7

discrimination or retaliationfor the duration of the Decree and the

8

identitiesof the parties invoIved;

9

All forms acknowlcdging any new employees’ rcceipt of the

10

Defendant’srevised discriminationand anti-retdiationpo1ic;y;

11

and

12

All documents verifying the occurrence of all training sessions and

. 13

names and positions of dl attendees for cach session as required

14

under this Decree

15

The foregoing documents shall be summarized in the mud reports set

16 forth below.

17

E. Remting:

18

Each ofthe Defendants and/or its successors shall provide the

19 following reports annually throughout the term of this Decree:

20

1. The attendance lists of all attendees for all training sessions

21

required under this Decrcc that took place during the previous

22

twelve months;

23

2. Acknowledgmentsof receipt of the revised discrimination and

24

harassment policy for all new employees hired during the previous

25

twelve months;

26

3. A description of all discrimination andor retaliationcomplaintsmadc

27

since the submission o f the immediately preceding report hereunder.

28

This description shall include the names ofthe individualsalleging

-13-

1

discrimination or retaliation, the nature of the harassment or

2

retaliation, the names of thc alleged pcrpctratorsof harassment or

3

retaliation,the dates of the alleged discriminationor retaliation, a

4

brief summary of how each complaint was resolved, and the identity

5

of any empIoyee(s) who investigated or resolved each complaint. If

6

no resultshave been reached as of the timeof the report, the result

7

shall be included in thc next report;

8

4. An analysis of the monitoring done for repeat complaintsby

9

employees and investigationof complaints;and

10

5. Verification that the Notice of Consent Decree and Settlement has

11

continuedto be posted in a conspicuousand accessible place to all

12

employees.

13

E. Notification of Closure:

14

If any ofthe Defendants or the Releasees have ceased all business operation

15 withiin the CNMI or any insular area or state of United States of America before

16 he expiration of this Decree, the Defendant ceasing operation andor its successor

17 will noti@ the EEOC and provide proof of such closure. Each of the Defendants 18 mderstands that its obligations under the Consent Decree continue for the hll-tern
19 ifthe Consent Decree, regardless of whether any of the Defendants eventually

20 zases operations. If any of the Defendants or the Releasees during the tern of tht

21 =onsentDecree starts anotherbusiness entity in Saipan or any insular area or state

22 )fthe United States, they shall notify the EEOC in writing within ten (10)days of 23 he initiation of operations.

24 ;I/

2s 7/

26

27

28

XI.

-14-

1

COSTS OF ADMINISTRATION AND IMPLEMENTATION

2

OF CONSENT DECREE

j
I

3

A. Each of the Defendants shall bear all costs associated with its

4 wiministmtion and implementation of its obligations under this Consent Decree.

5

1

6

XII. COSTS AM)ATTORNEYS’ FEES

7

A. Each party shall bear its o w n costs of suit and attorneys’ fees.

I

8

XIU.

I

!

9

MISCELLANEOUS PROVISIONS

!

10

A. During the term of this Consent Decree, each of the Defendants shall

I 1 mvide any potential successor-hinterest with a copy of this Consent Decree

12 within a reasonable time ofnot less thanthirty (30) days prior to the execution of

I

13 my agreementfor acquisition or assumption of control of any or all of Defendant’!

!

14 kcilities with the intent to use them for the manufacture of garments in the cNMl[

1s ir other U.S.jurisdiction, or any other material change in corporate structure, and

I
!

16 ;hall simultaneously inform the EEOC of the same.

17

B. During the term of this Consent Decree, each of the Defendants and

1

18 ts successors shall assure that each of its officers, managers and supervisors is

19 L Wo f a~ny term(s) ofthis Decree which may be related to hidherjob duties.

20

C. Unless otherwise stated, all notices,reports and conespondence

21 nequiredunder this Decree shdl be delivered to the attention of Anna Y.Park,

I
i

22 ZegionaI Attorney, U.S. Equal Employment Opportunity Commission, 255 East

1

23 rcmple Street, 4th Floor, L o s Angdes, CA, 90012;facsimile number (213) 894-

I

1

24 301.

25

D. The Parties agree to entry ofthis Decree and Judgment subject to fina

26 ipproval by the Court.

27

All P h e s , through the undersimed,respectfbJJyapply for and consent to

28 l e entry ofthis Conscnt Decree Order.

-15-

I
1

Rcspectfidly submitted,

2

U.S. E UAL EMPLOYMENT

OPPOR%‘UNITY COMMISSION

3

Anna Y.Park

Dcrek W.Li

4

Thomas S. Lepak

5
6 Date:

~ t( i~ 1 .~ 2

7

B -plrlnc. y P& Attorneys for Plaintiff

8

9 Date:

By:

10

11

12 Date:

By:

13

14 Date:

By:

i5

16

By:

17

18

For L & S Apparel Copration

19

ORDER

20
GOOD CAUSE having been shown, the provisions of the foregoing Consen
21
22 Decree are hereby approved and compliance with all provisions thereof is

23 [s HEREBY ORDERED, ADJUDGED AND DECREED.
24

25
26 Date: 27
28

/*/?>-o@

&E-
The Honorable Alex R.Munson United States District Court Judge

-16-

 
 Case: 1:06-cv-30 Document #: <docnum> Filed: <datefiled> Page 1 of 4

U.S. District Court Northern Mariana Islands (NMI) CIVIL DOCKET FOR CASE #: 1:06−cv−00030

CLOSED

U.S. Equal Employment Opportunity Commission v. Rifu Apparel Corporation Assigned to: Alex R. Munson Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 09/28/2006 Date Terminated: 01/23/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

U.S. Equal Employment Opportunity Commission

represented by Anna Y. Park U.S. Equal Employment Opportunity Commission Los Angeles District Office 255 E. Temple Street, 4th Floor Los Angeles, CA 90012 (213) 894−1080 Fax: (213) 894−1301 Email: Anna.Park@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thomas S. Lepak U.S. Equal Employment Opportunity Commission 255 East Temple Street Fourth Floor Los Angeles, CA 90012 (213) 894−1032 Fax: (213) 894−1301 Email: thomas.lepak@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wilfredo Tungol EEOC Honolulu Local Office Prince Kuhio Federal Building #7−127 300 Ala Moana Boulevard Honolulu, HI 94850−0051 808−541−3121 Fax: 808−541−3390 Email: wilfredo.tungol@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Rifu Apparel Corporation
Defendant

represented by Richard W. Pierce Law Office of Richard W. Pierce Alexander Building, 2nd Floor P.O. Box 503514 Saipan, MP 96950 (670) 235−3425 Fax: (670) 235−3427 Email: rwpierce@saipan.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:06-cv-30 Document #: <docnum> Filed: <datefiled> Page 2 of 4

Kyungseung (Saipan), Inc.

represented by Richard W. Pierce (See above for address) ATTORNEY TO BE NOTICED

Defendant L & S Apparel Corporation

represented by Richard W. Pierce (See above for address) ATTORNEY TO BE NOTICED

Date Filed 09/28/2006 09/28/2006 12/20/2006 01/19/2007 01/22/2007 02/02/2007 02/02/2007
03/06/2007 03/09/2007 04/05/2007 04/05/2007 04/19/2007 04/19/2007 05/17/2007 05/17/2007

# Docket Text
1 COMPLAINT and Jury Trial Demand against Rifu Apparel Corporation, filed by U.S. Equal Employment Opportunity Commission. (TPM) (Entered: 09/28/2006)
Summons Issued as to Rifu Apparel Corporation. (TPM) (Entered: 09/28/2006)
2 WAIVER OF SERVICE Returned Executed by U.S. Equal Employment Opportunity Commission. Rifu Apparel Corporation waiver sent on 11/22/2006, answer due 1/22/2007. (Park, Anna) (Entered: 12/20/2006)
3 ANSWER to Complaint by Rifu Apparel Corporation. Related document: 1 Complaint filed by U.S. Equal Employment Opportunity Commission,.(Pierce, Richard) (Entered: 01/19/2007)
4 ORDER RE: Case Management Conference set for 3/9/2007 10:30 AM in Chambers before U.S. District Judge Alex R. Munson. Signed by Judge Alex R. Munson on 1/22/07. (FMC) (Entered: 01/22/2007)
5 MOTION for Order re 4 Case Management Conference REQUESTING TELEPHONIC PARTICIPATION BY EEOC COUNSEL, THOMAS LEPAK AND DEREK LI filed by U.S. Equal Employment Opportunity Commission. (Li, Derek) (Entered: 02/02/2007)
6 ORDER Granting 5 MOTION for Order re 4 Case Management Conference REQUESTING TELEPHONIC PARTICIPATION BY EEOC COUNSEL, THOMAS LEPAK AND DEREK LI . Signed by Judge Alex R. Munson on 02/2/7. (ACH) (Entered: 02/02/2007)
7 CASE Management Conference Statement (Joint) for 3/9/07 Case Management Conference by U.S. Equal Employment Opportunity Commission. (Park, Anna) (Entered: 03/06/2007)
8 CASE MANAGEMENT PLAN. Signed by Judge Alex R. Munson on 3/9/2007. (TPM) (Entered: 03/09/2007)
9 STIPULATION re 8 Order Stipulation For Amendment to Case Management Order by Rifu Apparel Corporation. (Pierce, Richard) (Entered: 04/05/2007)
10 ORDER Granting 9 Stipulated Motion to Amend Case Management Conference. Motion to Amended Pleadings Deadline Extended from 4/5/2007 to 4/19/2007. Signed by Judge Alex R. Munson on 4/5/2007. (TPM) (Entered: 04/05/2007)
11 STIPULATION re 8 Order, 10 Order, Set Deadlines, 9 Stipulation Amendment to Case Management Order by Rifu Apparel Corporation. (Pierce, Richard) (Entered: 04/19/2007)
12 ORDER Granting 11 Stipulated Motion to Amend Case Management Conference for Second Time. Motion to amend pleadings due by 5/17/2007, rather than 04/19/2007. Signed by Judge Alex R. Munson on 04/19/07. (ACH) (Entered: 04/19/2007)
13 MOTION to Amend/Correct Complaint; Memorandum of Points and Authorities; Declaration of Thomas S. Lepak; and Exhibit; filed by U.S. Equal Employment Opportunity Commission. (Park, Anna) (Entered: 05/17/2007)
14 Proposed MOTION for Order Re: EEOC's Motion to Amend the Complaint, filed by U.S. Equal Employment Opportunity Commission. (Park, Anna) (Entered: 05/17/2007)

Case: 1:06-cv-30 Document #: <docnum> Filed: <datefiled> Page 3 of 4

05/18/2007 05/18/2007 05/18/2007
05/21/2007 05/21/2007 05/21/2007 05/31/2007 08/16/2007 09/26/2007 09/26/2007
11/06/2007 11/06/2007 11/06/2007 11/07/2007 11/07/2007 11/09/2007 11/09/2007 11/14/2007

15 ORDER Scheduling Hearing on 13 MOTION to Amend/Correct Complaint. Motion Hearing set for 5/22/2007 10:00 AM in Courtroom before U.S. District Judge Alex R. Munson. Signed by Judge Alex R. Munson on 5/18/07. (MCM ) (Entered: 05/18/2007)
16 SUPPLEMENTAL EXHIBITS TO PROPOSED FIRST AMENDED COMPLAINT against Rifu Apparel Corporation with Jury Demand, filed by U.S. Equal Employment Opportunity Commission.(Park, Anna) (Entered: 05/18/2007)
17 MOTION for Order RE: 15 Order Setting Hearing on Motion REQUESTING TELEPHONIC PARTICIPATION BY EEOC COUNSEL, THOMAS LEPAK AND DEREK LI, filed by U.S. Equal Employment Opportunity Commission. (Park, Anna) (Entered: 05/18/2007)
18 ORDER Granting 17 Motion Requesting Telephonic Participation. Signed by Judge Alex R. Munson on 5/21/2007. (TPM) (Entered: 05/21/2007)
19 ORDER Removing May 22, 2007, Hearing from Calendar and Granting 13 Motion to Amend 1 Complaint. Signed by Judge Alex R. Munson on 5/21/2007. (TPM) (Entered: 05/21/2007)
20 First AMENDED COMPLAINT and Jury Trial Demand against Rifu Apparel Corporation, filed by U.S. Equal Employment Opportunity Commission.(TPM) (Entered: 05/29/2007)
21 Answer to First Amended Complaint ANSWER to Amended Complaint by Rifu Apparel Corporation. Related document: 20 Amended Complaint filed by U.S. Equal Employment Opportunity Commission,.(Pierce, Richard) (Entered: 05/31/2007)
22 Second MOTION to Continue filed by Rifu Apparel Corporation. (Pierce, Richard) (Entered: 08/16/2007)
23 ORDER Granting 22 Stipulated Motion to Amend Case Management Conference Order. Signed by Judge Alex R. Munson on 9/26/07. (ACH) (Entered: 09/26/2007)
Set/Reset Scheduling Order: Final Pretrial Conference set for 2/20/2008 09:00 AM in Chambers before U.S. District Judge Alex R. Munson. Jury Trial set for 3/4/2008 09:00 AM in Courtroom before U.S. District Judge Alex R. Munson. (ACH) (Entered: 09/26/2007)
24 SETTLEMENT AGREEMENT , [Proposed] Final Judgement and Consent Decree between Plaintiff EEOC and Defendant Poong In (Saipan), Inc., Only by U.S. Equal Employment Opportunity Commission. (Park, Anna) (Entered: 11/06/2007)
25 FINAL Judgment and Consent Decree Between Plaintiff EEOC and Defendant Poong In (Saipan), Inc., Only. Signed by Judge Alex R. Munson on 11/7/07. (ACH) (Entered: 11/06/2007)
26 ORDER Setting Status Conference − Status Conference set for 11/14/2007 08:00 AM in Chambers before U.S. District Judge Alex R. Munson. Signed by Judge Alex R. Munson on 11/7/07. (ACH) (Entered: 11/06/2007)
27 MOTION for Order Requesting Telephonic Participation By EEOC Counsel, Thomas Lepak and Derek Li filed by U.S. Equal Employment Opportunity Commission. (Park, Anna) (Entered: 11/07/2007)
28 ORDER Granting 27 MOTION for Order Requesting Telephonic Participation By EEOC Counsel, Thomas Lepak and Derek Li. Signed by Judge Alex R. Munson on 11/7/07. (ACH) (Entered: 11/07/2007)
29 ANSWER to Amended Complaint First Amended Complaint by Kyungseung (Saipan), Inc.. Related document: 20 Amended Complaint filed by U.S. Equal Employment Opportunity Commission,.(Pierce, Richard) (Entered: 11/09/2007)
30 ANSWER to Amended Complaint First Amended Complaint by L & S Apparel Corporation. Related document: 20 Amended Complaint filed by U.S. Equal Employment Opportunity Commission,.(Pierce, Richard) (Entered: 11/09/2007)
Minute Entry for proceedings held before Judge Alex R. Munson: Status Conference held on 11/14/2007. EEOC Attorney Tomas Lepak appeared telephonically for Plaintiff. Richard Pierce appeared for Defendant. (FMC) (Entered: 11/14/2007)

Case: 1:06-cv-30 Document #: <docnum> Filed: <datefiled> Page 4 of 4

11/28/2007 12/06/2007
12/06/2007 01/23/2008 01/23/2008 01/23/2008 01/25/2008 01/25/2008 04/01/2008

31 NOTICE of Scheduling Settlement Conference − Settlement Conference set for 12/6/2007 08:00 AM in Chambers before U.S. District Judge Alex R. Munson. (ACH) (Entered: 11/28/2007)
Minute Entry for proceedings held before U.S. District Judge Alex R. Munson: Settlement Conference held on 12/6/2007. Tom Lepak and Derek Lee appeared for EEOC. Richard Pierce appeared for Rifu Apparel Corporation. (FMC) (Entered: 12/07/2007)
32 Minute Entry for proceedings held before U.S. District Judge Alex R. Munson: Hearing on Settlement Terms held on 12/6/2007. (Court Reporter SNS) (ACH) (Entered: 12/07/2007)
33 SETTLEMENT AGREEMENT and [Proposed] Final Judgment and Consent Decree by U.S. Equal Employment Opportunity Commission. (Park, Anna) (Entered: 01/23/2008)
34 Final JUDGMENT and Consent Decree Between Plaintiff EEOC and Defendants Rifu Apparel Corporation; Kyungseung (Saipan), Inc.; and L & S Apparel Corporation. Signed by Chief Judge Alex R. Munson on 1/23/08. (ACH) (Entered: 01/23/2008)
35 ORDER Closing File. Signed by Chief Judge Alex R. Munson on 1/23/08. (ACH) (Entered: 01/23/2008)
36 ERRATA filed by U.S. Equal Employment Opportunity Commission re 33 Settlement Agreement, 34 Judgment Regarding "Attachment A" to Consent Decree. (Attachments: # 1 Attachment A) (Park, Anna) (Entered: 01/25/2008)
37 NOTICE of Consent Decree (ACH) (Entered: 01/25/2008)
38 NOTICE by U.S. Equal Employment Opportunity Commission Notice of Compliance with Monetary Provisions of Consent Decree (Park, Anna) (Entered: 04/01/2008)

 
 1 ANNA Y. PARK U.S. Equal Employment Opportunity Commission
2 Los Angeles District Office
6 255 East Tern le Street, 41hFloor
3 Los An eles, A 90012 Tel: (2 15 894- 1083
4 Fax: ( 2 1 4 894-1031 email: la o.lecal@,eeoc.gov
5 6 WILFRED0 TUNGOL
EEOC Honolulu Local Office 7 Prince Kuhio Federal Building #7-127
300 Ala Moana Boulevard 8 Honolulu, Hawaii 96850-005 1
!i Telephone: 808) 541-3121
9 Facsimile: ( 08) 541-3390 email: wilfredo.tun pol @,eeoc.e;ov
10 Attorneys for Plaintiff
11

FILED
Clerk
District Court
2 i

ForThe NorthernMailanaIslands

BY

d

(Deputy Clerk)

12

IN THE UNITED STATES DISTRICT COURT

13

FOR THE DISTRICT OF THE NORTHERN MARIANA ISLANDS

14
Qr 15 U.S. E UAL EMPLOYMENT OPPOR UNITY COMMISSION,

- Civil Action No. 0.6 00 3 0

16

P1ai nt iff,

17

FIRST AMENDED

V.

AND JURY TRIAL

18

DEMAND

RIFU APPAREL CORPORATION;
A 19 KYUNGSEUNG (SAIPAN ,INC.; POONG IN SAIPAN ,LT .; and L

20 & S A P P AR LLC OR JORATION;

21

Defendants.

22

23 NATURE OF THE ACTION
24 This is an action under Title VI1 of the Civil Rights Act of 1964, as
25 amended (“Title VII”), the Pregnancy Discrimination Act of 1978,42 U.S.C. 9
26 2000e(k) and Title I of the Civil Rights Act of 1991 to correct intentional and
27 unlawful employment practices on the basis of sex (pregnancy), and to provide
28

1 appropriate relief to Ou He Qian, Xiao Yan Chen, Peng Ying Lu, and Lian Qin Li

2 and other similarly situated women who were discriminated against due to their

3 sex (pregnancy). The Commission alleges that Ou He Qian, Xiao Yan Chen, Peng

4 Ying Lu, and Lian Qin Li were terminated and/or discriminated against on the

5 basis of their gender (female) and their pregnancies.

6

JURISDICTION AND VENUE

7

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. $5 45 1,

8 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to

9 Section 706(f)( 1) and (3) of Title VI1 of the Civil Rights Act of 1964, as

10 amended, 42 U.S.C. $ 2000e-5(f)( 1) and (3) ("Title VII''), the Pregnancy
1 1 Discrimination Act of 1978,42 U.S.C, 5 2000e(k), and Section 102 of the Civil

12 Rights Act of 1991,42 U.S.C. $ 1981a.

13

2. The employment practices alleged to be unlawhl were committed in

14 Saipan, Northern Mariana Islands and within the jurisdiction of this Court.

15

PARTIES

16

3. Plaintiff, the U.S. Equal Employment Opportunity Cornmission (the

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

18 administration, interpretation and enforcement of Title VII, and the Pregnancy

19 Discrimination Act of 1978,42 U.S.C. $ 2000e(k).

20

4. At all relevant times, Defendants Rifu Apparel Corporation;

21 Kyungseung (Saipan), Inc.; Poong In (Saipan), Ltd.; and L & S Apparel

22 Corporation (the "Employers"), corporations registered to do business in the

23 Commonwealth of the Northern Mariana Islands, have continuously been doing

24 business in the island of Saipan, Northern Mariana and have continuously had at

25 least 15 employees.

26

5 . At all relevant times, Defendant Employers have continuously been

27 employers engaged in an industry affecting commerce within the meaning of
28 Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. $9 2000e(b), (8) and (h).

2

1

STATEMENT OF CLAIMS

2

6. More than thirty days prior to the institution of this lawsuit, Ou He

3 Qian, Xiao Yan Chen, Peng Ying Lu, and Lian Qin Li (“charging parties”) each

4 filed a charge with the Commission alleging violations of Title VI1 by

5 Defendant Employers. All conditions precedent to the institution of this lawsuit

6 have been fulfilled.

7

7. Since at least September 2004, Defendant Employers have engaged in

8 unlawhl employment practices at their Saipan facilities, in violation of Section
9 703(a) of Title VII, 42 U.S.C. 9 2000e-2(a) by failing to renew the employment

10 contracts of charging parties Qian, Chen, and Li and the Temporary Work

11 Authorization contract of Lu because they became pregnant. Defendant

12 Employers deprived them and similarly situated individuals of employment

13 benefits given to employees not affected by pregnancy.

14

8. The effect of the practice complained of above has been to deprive

15 the charging parties and other similarly situated individuals of equal employment

I t opportunities and otherwise adversely affect their status as an employee, because

17 of their sex (pregnancy).

18

9. The unlawful employment practices complained of above were

15 intentional.

2c

10. The unlawhl employment practices complained of above were done

21 with malice or with reckless indifference to the federally protected rights of the

22 charging parties and other similarly situated individuals who were discriminated

23 against because they became pregnant.

24

PRAYER FOR RELIEF

25

Wherefore, the Commission respectfully requests that this Court:

26

A. Grant a permanent injunction enjoining Defendant Employers, their

27 officers, successors, assigns, and all persons in active concert or participation with

28 them, from engaging in discrimination on the basis of pregnancy and any other

3

1 employment practice which discriminates on the basis of sex.

2

B. Order Defendant Employers to institute and carry out policies,

3 practices, and programs which provide equal employment opportunities for

4 women, and which eradicate the effects of their past and present unlawful

5 employment practices.

6

C. Order Defendant Employers to make whole Ou He Qian, Xiao Yan

7 Chen, Peng Ying Lu, and Lian Qin Li and other similarly situated individuals who

8 were discriminated against on the basis of pregnancy, by providing appropriate

9 backpay with prejudgment interest, in amounts to be determined at trial, and other

10 affirmative relief necessary to eradicate the effects of their unlawfid employment

11 practices.

12

D. Order Defendant Employers to make whole Ou He Qian, Xiao Yan

13 Chen, Peng Ying Lu, and Lian Qin Li and other similarly situated individuals who

14 were discriminated against on the basis of pregnancy, by providing compensation

15 for past and future pecuniary losses resulting from the unlawful employment

16 practices described above, including medical expenses not paid by the Employer,

17 in amounts to be determined at trial.

18

E. Order Defendant Employers to make whole Ou He Qian, Xiao Yan

19 Chen, Peng Ying Lu, and Lian Qin Li and other similarly situated individuals who

20 were discriminated against on the basis of pregnancy, by providing compensation

21 for past and future nonpecuniary losses resulting from the unlawful practices

22 complained of above, including emotional pain and suffering, inconvenience, loss

23 of enjoyment of life, and humiliation, in amounts to be determined at trial.

24

F. Order Defendant Employers to pay Ou He Qian, Xiao Yan Chen,

25 Peng Ying Lu, and Lian Qin Li and other similarly situated individuals punitive

26 damages for their malicious and reckless conduct described above, in amounts to

27 be determined at trial.

28 ///

4

1

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

2 the public interest.

3

H. Award the Commission its costs of this action.

4

JURY TRIAL DEMAND

5

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

6 complaint.

7

8

RONALD S. COOPER

9

General Counsel

10

JAMES LEE

Deputy General Counsel

11 GWENDOLYN YOUNG REAMS

12

Associate General Counsel

13

U.S. Equal Employment Opportunity

Commission

14

1801 L Street, N.W.

Washington, DC 20507

15

16 Date: May 16, 2007
17 18 19 20

--
ANWAY. ARK .Regional Attorney U.S. Equal Employment Opportunity Commission 255 East Tern le Street 4' Floor Los Angeles, EA 90012

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