•

•

,
6 I

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION

lOO!1 JlJL - I ,6.. 10: (I?

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION, Plaintiff,

§
S~04CA05

§ Civil Action No.

v.

§

§ COMPLAINT AND

PASS & SEYMOUR, INC. AND KENNMARK § JURY TRIAL DEMAND

GROUP, LTD.,

§

§

Defendants.

§

NATURE OF ACTION

This is an action under Title VII ofthe Civil Rights Act of 1964, as amended and Title I of

the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex, male,

and to provide appropriate relief to a class ofmales who were adversely affected by such practices.

The U.S. Equal Employment Opportunity Commission (the "Commission") alleges that Defendants,

Pass & Seymour, Inc. and Kennmark Group, Ltd., acting individually and as a joint enterprise,

engaged in a pattern-or-practice of discrimination against a class of males because of their sex in

violation of § 703 of Title VII by repeatedly, regularly and routinely limiting their employment

opportunities and failing to hire them as manufacturing assemblers.

JURISDICTION AND VENUE

1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343

and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) and 707

of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(t)(!) and (3) and-6

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

\ .

• •

2. The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the Western District of Texas, San Antonio

Division.

PARTIES 3. Plaintiff, the Commission, is the agency ofthe United States ofAmerica charged with the administration, interpretation and enforcement ofTitle VII, and is expressly authorized to bring

this action by Sections 706(f)(1) and (3) and 707 ofTitle VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3) and

-6. 4. At all relevant times, Defendant, Pass & Seymour, Inc., an electrical products
manufacturer, has continuouslybeen aforeign corporation doing business in the State ofTexas, and the City of San Antonio, and has continuously had at least 15 employees.

5. At all relevant times, Defendant, Pass & Seymour, Inc., has continuously been an employer engaged in an industry affecting commerce within the meaning ofSections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
6. At all relevant times, Defendant, Kennmark Group, Ltd., an employment agency, has

continuously been a domestic limited partnership doing business in the State ofTexas, and the City of San Antonio, and has continuously had at least 15 employees.
7. At all relevant times, Defendant, Kennmark Group, Ltd., has continuously been an

employer engaged in an industry affecting commerce within the meaning ofSections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
8. At all relevant times, Defendant, Kennmark Group, Ltd., has procured employees for employers and has been an employment agency within the meaning of Section 701(c) of Title VII, 42 U.S.C. §2000(e)(c).

Plaintiff's Original Complaint

Page 2

• •

STATEMENT OF CLAIMS 9. More than thirty days prior to the institution ofthis lawsuit, a charge was filed with the Commission by Paul Steven Miller, a member thereof, alleging violations of Title VII by Defendants Pass & Seymour, Inc. and Kennmark Group, Ltd. All conditions precedent to the institution of this lawsuit have been fulfilled. 10. Since at least January of 1997 and continuing thereafter, Defendant, Pass & Seymour, Inc., acting individually and as a joint enterprise with Kennrnark Group, Ltd., has engaged in a pattern-or-practice ofunlawful employment practices at its San Antonio, Texas, facility in violation of Sections 703(a)(1) and (2) of Title VII, 42 U.S.C. §§2000e-2(a)(1) and (2). Such practices include Defendant, Pass & Seymour, Inc.' s repeated, regular and routine failure to employ males as manufacturing assemblers because oftheir sex, as well as Pass & Seymour, Inc.'s repeated conduct to limit applicants for employment in a way which deprived or tended to deprive males of employment opportunities because of their sex. 11. Since at least January of 1997 and continuing thereafter, Defendant, Kennmark Group, Ltd., acting individually and as ajoint enterprise with Pass & Seymour, Inc., has engaged in a pattern-or-practice unlawful employment practices at its San Antonio, Texas facilities in violation of Sections 703(a)(l) and (2), and (b), of Title VII, 42 U.S.C. §§2000e-2(a)(l), and (2), and (b). Such practices include Defendant, Kennrnark Group, Ltd.' s, repeated, regular and routine failure to employ males as manufacturing assemblers because oftheir sex, as well as Kennrnark Group, Ltd. 's repeated conduct to limit applicants for employment in a way which deprived or tended to deprive males ofemployment opportunities because oftheir sex. Kennrnark Group, Ltd., as an employment agency, also repeatedly failed or refused to refer for employment a class of males because of their sex.

Plaintiff's Original Complaint

Page 3

• •
12. The effect of the practices complained of in paragraphs ten and eleven above have been to deprive aclass ofmales ofequal employment opportunities and to otherwise adversely affect their status as employees or applicants, because of their sex.
13. The unlawful employment practices complained of in paragraphs ten and eleven above were and are intentional.
14. The unlawful employment practices complained of in paragraphs ten and eleven above were done with malice or with reckless indifference to the federally protected rights of a class of males.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants Pass & Seymour, Inc. and Kennmark Group, Ltd., jointly and severally, their officers, successors, assigns, and all persons in active concert or participation with them, from engaging in discriminatory hiring practices, from compelling its employees to participate in those practices, and from any other employment practice which discriminates on the basis of sex; B. Order Defendants Pass & Seymour, Inc. and Kennmark Group, Ltd., jointly and severally, to institute and carry out policies, practices, and programs which provide equal employment opportunities for males, and which eradicate the effects of their past and present unlawful employment practices; C. Order Defendants Pass & Seymour, Inc. and Kennmark Group, Ltd., jointly and severally, to make whole a class of males, by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the

Plaintiff's Original Complaint

Page 4

• •
effects of their unlawful employment practices, including, but not limited to, rightful-place hiring or front pay in lieu thereof;
D. Order Defendants Pass & Seymour, Inc. and Kennmark Group, Ltd., jointly and severally, to make whole a class ofmales, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs ten and eleven above, including, but not limited to relocation expenses, job search expenses and medical expenses, in an amount to be determined at trial;
E. Order Defendants Pass & Seymour, Inc. and Kennmark Group, Ltd., jointly and severally, to make whole a class of males, by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices complained ofin paragraphs ten and eleven above, including, but not limited to, emotional pain, suffering, humiliation, embarrassment, emotional distress, stress, anxiety, inconvenience, and loss of enjoyment oflife, in amount to be determined at trial;
F. Order Defendants Pass & Seymour, Inc. and Kennmark Group, Ltd., jointly and severally, to pay a class of males punitive damages for their malicious and reckless conduct described in paragraphs ten and eleven above, in amount to be determined at trial;
G. Grant such further relief as the Court deems necessary and proper in the public interest; and
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.

Plaintiff's Original Complaint

Page 5

• •
Respectfully submitted,
ERIC S. DREIBAND General Counsel
JAMES 1. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
egional Attorney District of Columbia B
upervisory Trial Attorney Texas Bar No. 19708300
~~ EDWARD JUAREZ Trial Attorney Texas Bar No. 24014498
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Antonio District Office 5410 Fredericksburg Rd., Suite 200 San Antonio, Texas 78229-3555 Telephone: (210) 281-7613 Telecopier: (210) 281-7669
ATTORNEYS FOR PLAINTIFF

Plaintiff's Original Complaint

Page 6

 
 ~. ~~\v~ <~S ~~c",,,,s -0'\~\ •

-

~'¢- '). ~:rt~'o~~ THE UNITED STATES DISTRICT COURT

~~\)\:<., \),\.J.. 0'v FOR THE WESTERN DISTRICT OF TEXAS

'vs~~~~~ \)s~

SAN ANTONIO DIVISION

\~sc"

FILED
JUN ~ 2 Z005

e~ AL EMPLOYMENT OPPORTUNITY

§

COMMISSION,

§

§

£ UiY C~ERK

Plaintiff,

§ Civil Action No. SA-04-CA-0573-WWJ

v.

§

§

PASS & SEYMOUR, INC. and

§

KENNMARK GROUP, LTD.,

§

§

Defendant.

§

CONSENT DECREE AS TO DEFENDANT PASS & SEYMOUR The parties to this Consent Decree are the Plaintiff, United States Equal Employment Opportunity Commission ("EEOC"), and Defendant, Pass & Seymour, Inc. ("Pass & Seymour"). The EEOC initiated this action under Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, and Title I of the Civil Rights Act of 1991, to correct alleged unlawful employment practices on the basis of sex, male, and to provide appropriate relief to a class of males ("class members") who allegedly were adversely affected by these practices. Pass & Seymour denies the allegations set forth in the action, and further denies that it has acted in violation of law. The EEOC and Pass & Seymour desire to settle this action, without the risks, uncertainties and expenses of continued litigation, pursuant to the terms set forth in this Consent Decree. By entering into this Consent Decree, Pass & Seymour makes no admission of liability. The EEOC and Pass & Seymour stipulate and agree to the terms of this Consent Decree as final and binding to resolve and settle in full all issues raised in the action and Commissioner's Charge No. 360A11724 ("Charge"), including any and all claims brought pursuant to the Charge or based on the allegations set forth in the action with respect to hiring for Assembler positions at Pass &
1066499.15/03/05

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Seymour's San Antonio, Texas, facility prior to the entry of this Consent Decree. Unless specifically stated otherwise, this Consent Decree only applies to hiring for Assembler positions at Pass & Seymour's San Antonio, Texas, facility prior to the entry of this Consent Decree. IT IS ORDERED, ADJUDGED AND DECREED as follows:
1. This Court has jurisdiction of the subject matter of this action and the parties, venue is proper, and all administrative prerequisites to the EEOC's filing of this action have been met.
2. The EEOC agrees to discontinue and dismiss the action against Pass & Seymour. By entering into this Consent Decree, the EEOC hereby releases and forever discharges Pass & Seymour, its corporate parents and affiliates, predecessors, successors and assigns, and any and all of its past and present employees, officers, directors, shareholders and agents, from any and all claims, causes of action, suits, proceedings, damages, liabilities, and demands raised in the action or Charge regarding Pass & Seymour's action or inaction in the recruiting, screening, interviewing, rejecting, selecting and/or hiring of individuals for Assembler positions at the San Antonio, Texas, facility between January 1, 1997, and the date this Consent Decree is entered by the Court. Exhibit" 1" is a list of male class members who applied for Assembler positions.
3. Neither this Consent Decree nor its terms shall constitute an admission to or evidence of liability or any violation of the law by Pass & Seymour, and may not be used as evidence of liability or violation of the law in any proceeding involving Pass & Seymour. The parties have entered into this Consent Decree to avoid the delay, expense and uncertainty of further litigation.
4. Nothing contained in this Consent Decree will prohibit the EEOC from accepting and/or processing charges of discrimination filed by or on behalf of any individuals against Pass

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1066499 15/03/05

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& Seymour. The EEOC agrees that it will not issue any right-to-sue notices based on discriminatory practices regarding hiring for Assembler positions at Pass & Seymour's San Antonio, Texas facility prior to the entry of this Consent Decree as alleged in the action or Charge.
5. This Decree shall remain in effect for three (3) years from the date of entry by the
Court, and shall expire at the end of the 3-year term without further action by the Court or the parties to effect the Consent Decree's termination. This Court shall retain jurisdiction of the action only for the purposes of enforcing this Consent Decree. At the expiration of the Consent Decree the parties will submit to the Court a Joint Stipulation dismissing the action against Pass & Seymour with prejudice, each party to bear its own costs and fees.
6. During the term of this Consent Decree, Pass & Seymour shall be enjoined from engaging in gender discrimination with regard to recruiting, interviewing, selecting, rejecting, and/or hiring individuals to fill Assembler positions at any of its facilities.
7. Pass & Seymour shall post the notice set forth in Exhibit "2" ("Notice") to this Consent Decree regarding its policies, practices, and intent to comply with Title VII, where Pass & Seymour customarily posts employee notices at any facility which employs Assemblers. The Notice shall be posted within ten (10) business days of the entry of this Consent Decree, and shall remain posted for the duration of this Consent Decree.
8. During the term of this Consent Decree, Pass & Seymour shall adopt a statement reflecting its commitment to maintaining a hiring program that does not discriminate on the basis of gender.
9. Within ninety (90) days of the entry of this Consent Decree, labor and employment attomey(s) of BOND, SCHOENECK & KING, PLCC ("Pass & Seymour's legal

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1066499.15/03/05

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counsel"), shall provide six (6) hours of Equal Employment Opportunity training to Pass & Seymour Human Resources and other management employees (hereinafter, collectively, the "Management Employees") who are involved in the recruiting, screening, interviewing, selecting, rejecting andior hiring of individuals for Assembler positions at any Pass & Seymour facility that employs Assemblers. The training will include information regarding Title VII's prohibitions against discrimination on the basis of gender, including performance based on stereotypical notions of gender-related job performance, and will reaffirm Pass & Seymour's commitment to non-discriminatory hiring for Assembler positions. Pass & Seymour's legal counsel will conduct similar training during each year of this Consent Decree for those Management Employees (i) hired, transferred or promoted during the preceding twelve (12) months into positions responsible for the screening, interviewing, selecting, rejecting and/or hiring of individuals for Assembler positions, and (ii) who have not received the training during the term of this Consent Decree. Within ten (10) days after the initial and each annual training program, Pass & Seymour shall provide the EEOC with written confirmation that the training has been completed and a copy of the training syllabus and materials. No less than ten (l0) days before each training program, Pass & Seymour may request pre-approval from the EEOC of the syllabus and materials to be used. Pass & Seymour shall provide a list of individuals, identified by name and title/position, who attended each training program and the date oftheir attendance.
10. Within ten (10) days after entry of this Consent Decree by the Court, Pass & Seymour shall mail an Acknowledgment of Interest and Release (the "Acknowledgment") and cover letter, copies of which are attached as Exhibit "3," to each individual at every address identified in Exhibit "1," who shall have sixty (60) days from the date of the Acknowledgment mailing to execute the Acknowledgment and deliver the executed form to Pass & Seymour, c/o

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1066499.15/03/05

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BOND, SCHOENECK & KING, PLLC, One Lincoln Center, Syracuse, New York 13202-1355. Pass & Seymour shall re-mail any notices that are returned with a forwarding address. Any individual who does not timely execute and return the Acknowledgment shall be excluded from the class. Pass & Seymour shall provide the EEOC with copies of the signed Acknowledgments. Pass & Seymour shall pay a pro rata share to each individual identified on Exhibit "1" who executes the Acknowledgment and returns it to Pass & Seymour within sixty (60) days of the Acknowledgment mailing, for a total amount of $475,000.00 (the "Funds"). Pass & Seymour shall, within ninety (90) days from the date of the Acknowledgment mailing, mail payment to all individuals who timely executed and delivered the Acknowledgment to Pass & Seymour. Pass & Seymour shall make tax withholdings from the pro rata share determined to be payable to each class member, and will issue a Form 1099 to each class member receiving payment. A copy of each payment check shall be provided to the EEOC. Any returned checks shall be re-mailed by Pass & Seymour within one-hundred fifty (150) days after the date of the Acknowledgment mailing to the forwarding address provided to Pass & Seymour by the U.S. Postal Service.
If any amount of the Funds is not successfully delivered to class members, whether through failure of check delivery or the check not being cashed within two-hundred (200) days after the date of Acknowledgment mailing (hereinafter the "Residual Amount"), the class member shall forever forfeit any and all right to his share of the settlement payment, and Pass & Seymour will immediately stop payment and void undeliverable/uncashed checks. By or before two-hundred thirty (230) days after the date of the Acknowledgment mailing, Pass & Seymour will donate the Residual Amount to the Equal Rights Advocates, 1663 Mission Street, Suite 250, San Francisco, CA 94103.

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11. Nothing in this Consent Decree is intended to confer upon any person or entity
other than the EEOC or Pass & Seymour the right to seek enforcement of this Consent Decree
andlor of any of the terms contained herein, and no class member or any individual excluded
from the class (including but not limited to individuals not listed in Exhibit 1, and individuals
excluded for having failed to timely sign and deliver an executed Acknowledgement to Pass &
Seymour) is authorized to bring any proceeding to enforce this Consent Decree andlor any of the
terms contained herein.
12. All documents required to be forwarded to the parties or their counsel shall be
mailed, delivered or faxed to counsel at the following addresses:
TO THE EEOC:
Robert B. Harwin, Regional Attorney Equal Employment Opportunity Commission San Antonio District Office 5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229-3555 Telephone: (210) 281-7643 Facsimile: (210) 281-7669
TO PASS & SEYMOUR'S LEGAL COUNSEL
David M. Ferrara BOND, SCHOENECK & KING, PLLC One Lincoln Center Syracuse, New York 13202-1355 Telephone: (315) 218-8000 Facsimile: (315) 218-8100
13. The parties to this Consent Decree shall bear their own costs and attorney's fees
incurred in this action as of the date of entry of this Consent Decree by the Court. The parties
agree that, pursuant to Section 706(k) of Title VII, 42 U.S.C. Section 2000e-5(k), there is no
"prevailing party" in this action or proceeding.
The Clerk shall furnish a copy hereof to each attorney of record.

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SO ORDERED.
Signed this # d ay of 6 1{'1\ V1 e...,2005.
tiL~~c
WILLIAM' WAYNEJTIC
~~toJl.:lJNITED STATES DISTRICT JUDGE

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Respectfully submitted,
ERIC S. DREIBAND General Counsel
JAMES 1. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

DAVID M. FERRARA N.D.N.Y. Bar Roll No. 101637 PAUL LIMMIATIS N.D.N.Y. Bar Roll No. 510483
BOND, SCHOENECK & KING, PLLC One Lincoln Center Syracuse, New York 13202-1355 Telephone: (315) 218-8000 Facsimile: (315) 218-8100
TIMOTHY H. BANNWOLF Texas State Bar No. 01697105 NATALIE C. ROUGEUX Texas State Bar No. 24041828
BRACEWELL & GIULIANI LLP 106 South St. Mary's Street, Suite 800 San Antonio, Texas 78205-3603 Telephone: (210) 226-1166 Facsimile: (210) 226-1133
ATTORNEYS FOR DEFENDANT PASS & SEYMOUR, INC.

ROBERT B. HARWIN Regional Attorney District of Columbia Bar No. 076083
Trial Attorney Texas State Bar No. 24014498
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229 Telephone: (210) 281-7613 Facsimile: (210) 281-7669 ATTORNEYS FOR PLAINTIFF

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1066499.15/03/05

01. James Adams 02. Chris Alaniz 03. Roger Aguilar 04. Arthur Aguilar

Exhibit 1 CLASS MEMBERS

05. William Allen

06. Oscar Arteaga, 07. Doniocio Arispe 08. Joe Arce 09. Jesus Apolinar

10. Craig Anderson 9

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11. Jose Alvarez 12. Emilio Alvarez
13. Paul Aguilar 14. Javier Ambrose 15. Antonio Acosta
16. Guadalupe Alvarado, 17. Thomas Anthony 18. Ralph Almendarez 19. Ralph Alcoser, 20. Chauncey 1. Bush
21. James Briones 22. Ken Blair
10

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1066499.15103105

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23. Oscar Barrera
24. Delbert Bray Jr.
25. Jesse Botello 26. Adrian Barrientos 27. Jonathan Barrier
28. Gualberto Barron
29. Hervey Beal 30. Oscar Benavides 31. Eric Bermudez 32. John Bocanegra 33. Kirby Bordelon,
11

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34. Henry Bosquez 35. Robert Briseno
36. LD Byrd Jr.
37. Fernando Cansino 38. Victor Cedeno
39. Mario Cervantes 40. Orlando Chapa 41. Melvin Clavin 42. Rick Casares 43. Abelardo Castaneda
44. Joe Luis Casias Jr.

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45. Steve Chavez 46. David Cavazos 47. Jose Casteneda
48. Gilbert Davila
49. Harmon Spelle Dowell Jr.
50. Jesus Diaz 51. Raymond Espino 52. Louis Figueroa
53. Jose Luis Garcia 54. Alejandro Gutierrez
55. Robert Garcia Sr. 13

•
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56. Jesse Gonzales
57. Albert Gomez

58. Jerry Gutierrez,

59. Chris Garcia

60. David Guerrero 61. Michael Gonzalez 62. Robert Garcia 63. Sean Guillory

64. Thomas Gregurich 65. Jacob Hernandez

66. Matthew Humble 14

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67. Andy Haselfoff
68. Frank Hernandez 4 .
69. Gerardo Hernandez 70. Frank Lujano Jr. 71. "Trey" Robert Lockwood 72. Henry Lopez
73. Juan Lopez
74. Willie Lozano
75/ James Hemb~
76. Robert Allen Johnson 77. Kenneth Johnson Jr.
15

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78. Thomas Love
79. Moses Maldanado
80. James Moran 81. Edward Lopez Jr. 82. David Long 83. Samuel Mancillas 84. John Mello 85. Manuel Mendiola 86. Charles Morales
87. Hector Neira 88. McKenzie M. Price
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89. Johnny Reyes
90. Alfonso Ramos 91. Arthuro Miranda Ramirez 92. Steven Smith
93. Mark Snow 94. Armando Torres
95. Mark Anthony Quintero 96. Ivey Michael Bryant
97. Andrew Johnson, Jr. 98. Bobby Aguilar
99. Mario Arida 17

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100. Michael Arevalo 101. David Ayala,
102. Jesus Arriaga
103. Gerardo Alvarez
104. Rogelio Arizmendi
105. Ray Alvarado 106. Gerald Adkisson 107. Roman Banda 108. Lonnie Brogan 109. Raymond Broadnax
110. Johnas Brewster
18

•
44
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111. Robert Baxter
112. Epifanio Barrera, 113. Robert Cardenas 114. Carlos Cardenas 115. James Castro 116. Pedro Chavez
117. Robert Carreno 118. Casareo Cantu, 119. Hunter DeLeon
120. Carlos Diaz 121. Christopher Davis
122. Ivan Crawford
19

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123. Robert Cruz 124. Steven Enriquez 125. Joe Errisuriz 126. Alejandro Fabela 127. Christopher Fuentes, 128. Daniel Guzman
129. Eliseo Guzman 130. Juan Guerra 131. Rodrigo Garcia
132. Carlos Gonzales
133. Robert Gonzales

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134. Gary Hernandez 135. Quiton Holland 136. David Hernandez 137. Daniel Herrera 138. Juan Hernandez 139. Richard Hernandez
140. Robert Johnson 141. Christopher Juarez 142. Eddie Jefferson 143. Brian Johnson
144. Anthony Lopez 145. Robert Leal
21

•
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146. Benito Lucio
147. Rick Levine 148. Travis Lamb 149. Paul Lozano
150. Larry Lubbering
151. Ricardo Lopez, 152. Julian Lopez 153. Andrew Lopez 154. Mark Lopez 155. Daniel Martinez 156. David Martinez
I
22

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157. Eloy Martinez 158. Fernando Martinez
159. Moses Martinez
160. Robert Martinez 161. Roger Martinez
162. Eraclio Machado 163. Steve Martinez 164. Michael Moreno 165. Louis Medina
166. Clifford McLendon
167. Freddy Martinez 23

•
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168. Antonio Mandujano 169. Daniel Maldonado 170. Antonio Olivares
171. Jorge Ortiz 172. Ismael Olivo 173. Edward Ortiz
174. Sergio Perez 175. Hector Javier Parra 176. Marcos Quinones
177. Jose Romero
178. Thomas Russo
24

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179. Pedro Ramirez 180. Jesse Rodriguez
181. Billy Rendon 182. Alfredo Reyes 183. Jose Rico 184. Victor Rico 185. Gino Rios 186. Omar Salinas 187. Paul Sanchez 188. Daniel Spruell 189. Valentin Suttles
190. William Steen
25

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191. Derrick Soto
192. Ulysses Solis 193. Jeff Solis 194. Jimmy Smith 195. Christopher Torres 196. Tirwan Trammel 197. Mario Vela
198. Raymond Vina
199. Alvino Sarabia 200. Sing Thephavong 201. Jesus Arraiga

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202. James Saucedo 203. Alejandro Valle 204. Paul Santana 205. Joel Ortegon 206. Nick Palencia 207. Antonio Cortinas 208. Rocio Martinez
209. Humberto Salas 210. Mike Reyna 211. Mark Trevino 212. George Rubio 213. Juan Viera
27

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214. Joaquin Ramirez
215. Fred Noriega
216. John Solis

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Exhibit 2 Pass & Seymour, Inc., is committed to hiring applicants for employment without regard to their sex, race, color, religion, age, national origin, or disability. Pass & Seymour will not tolerate discrimination which violates state or federal laws or local ordinances, including failing to hire individuals on account of their sex, race, color, creed/religion, age, national origin, or disability. Pass & Seymour in particular will not tolerate gender discrimination in hiring such as for example discriminatorily preferring women and excluding men in hiring for Assembler positions. If any employee believes he or she has been discriminated against, the employee should immediately notify hislher supervisor or manager. If the complaint involves someone in the employee's direct line of supervision, the employee is encouraged to speak directly with the Human Resources Manager or the Vice-President/General Manager. Employees may also contact the Equal Employment Opportunity Commission at 1-800-669-4000 (TTY: 1-800-6696820). Pass & Seymour will take appropriate corrective action, up to and including termination, based on the circumstances involved, against any employee who violates Pass & Seymour's policies against discrimination.

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Exhibit 3 Date

Name Address City, State Zip
Dear Mr. - - - - - -
The Equal Employment Opportunity Commission ("EEOC") and Pass & Seymour, Inc. ("Pass & Seymour") are parties to a lawsuit pending in the U.S. District Court in San Antonio, Texas. The lawsuit involves a claim that Pass & Seymour did not hire a class of males for Assembler positions at the facility located in San Antonio because of their gender. Pass & Seymour denies the EEOC's claim and the District Court has made no decision in this case. Nevertheless, the EEOC and Pass & Seymour have entered into a settlement agreement (Consent Decree).
It is our understanding that you applied for an Assembler position with Pass & Seymour in San Antonio, Texas. The parties are in the process of identifying potential class members who desire to be included in the settlement of this lawsuit and thus receive a portion of the money damages. In order to participate, eligible class members must complete, sign, and timely return the attached Acknowledgment of Interest and Release. The payment amount that each class member receives will be based on the number of eligible class members who timely respond to this letter and sign the Acknowledgement of Interest and Release.

If you desire to participate in this settlement, please complete the enclosed form and return it in the envelope provided, and be certain to include your address.

In order to be included in the settlement, the enclosed form must be received at the

office listed above not later than 5:00 p.m., E.n.T., on or before

,2005. Any

form or requested information received after 5:00 p.m. on

, 2005, will not

be accepted or included in the settlement.

If you have any questions about this letter, please contact Eduardo Juarez, EEOC Trial Attorney, at (210) 281-7613.

Very truly yours,

BOND, SCHOENECK & KING, PLLC

David M. Ferrara Paul Limmiatis

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Exhibit 3
Acknowledgment of Interest and Release
SEND TO:
BOND, SCHOENECK & KING, PLLC One Lincoln Center Syracuse, New York 13202-1355
ATTN: David M. Ferrara Paul Limmiatis
RE: PASS & SEYMOUR, INC.
Full Name: (print)
Current Address: (include zip code)

Social Security Number: _ _ _ _ _ _ _ _ _ _ _ __
I applied for an Assembler position with Pass & Seymour in San Antonio, Texas. I desire to be included in the settlement of the lawsuit between the Equal Employment Opportunity Commission and Pass & Seymour, Inc. I understand that in return for the monetary amount payable to me under this settlement, I release Pass & Seymour from any claims alleging gender discrimination regarding my application or hiring for any Assembler position at Pass & Seymour's San Antonio, Texas, facility prior to the entry of the Consent Decree.
This form must be signed, and received by Pass & Seymour no later than 5:00 p.m., E.S.T. on _ _ _ _ _ _, 2005.

Signature

Date

Your response will not be processed unless all of the above information is completed.

31

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CLOSED, NSN
U.S. District Court [LIVE] Western District of Texas (San Antonio) CIVIL DOCKET FOR CASE #: 5:04-cv-00573-WWJ

Equal Employment v. Pass & Seymour, Inc., et al Assigned to: Judge William Wayne Justice Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 07/01/2004 Date Terminated: 08/11/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Edward Juarez U.S. EEOC San Antonio District Office 5410 Fredericksburg Road Suite 200 San Antonio, TX 78229-3555 (210) 281-7613 Fax: (210) 281-7669 Email: eduardo.juarez@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Judith G. Taylor U.S. EEOC San Antonio District Office 5410 Fredricksburg Rd. Suite 200 San Antonio, TX 78229-3555 (210) 281-7673 Fax: 210/281-7669 Email: judith.taylor@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert B. Harwin Equal Employment Opportunity Commission San Antonio District Office 5410 Fredericksburg Road Suite 200 San Antonio, TX 78229-3555 (210) 281-7643 Fax: (210) 281-7669 Email: robert.harwin@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. Defendant Pass & Seymour, Inc. TERMINATED: 06/02/2005
Defendant Kennmark Group, Ltd.

represented by David M. Ferrara Bond, Schoeneck & King, PLLC One Lincoln Center Syracuse, NY 13202-1355 (315) 218-8000 Fax: 315/476-6024 TERMINATED: 06/02/2005 LEAD ATTORNEY
Natalie C. Rougeux Bracewell & Giuliani, LLP 106 South St. Mary's Street Suite 800 San Antonio, TX 78205-3603 (210) 299-3439 Fax: 210/299-0134 Email: natalie.rougeux@bgllp.com TERMINATED: 06/02/2005 LEAD ATTORNEY
Paul Limmiatis Bond, Schoeneck & King, PLLC One Lincoln Center Syracuse, NY 13202-1355 (315) 218-8000 Fax: (315) 218-8100 TERMINATED: 06/02/2005 LEAD ATTORNEY
Timothy Herman Bannwolf Bracewell & Giuliani, LLP 106 South St. Mary's Street Suite 800 San Antonio, TX 78205 (210) 226-1166 Fax: 210/226-1133 Email: tim.bannwolf@bracewellgiuliani.com TERMINATED: 06/02/2005 LEAD ATTORNEY
represented by Christopher J. McKinney The McKinney Law Firm, PC 3107 Broadway St. San Antonio, TX 78209

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Date Filed 07/01/2004 07/01/2004 07/01/2004 07/01/2004 07/30/2004
08/02/2004 08/03/2004 08/25/2004 08/25/2004 09/01/2004

(210) 447-9051 Fax: (210) 568-4101 Email: chris@themckinneylawfirm.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED
David M. Ferrara (See above for address) TERMINATED: 09/16/2004 LEAD ATTORNEY
Natalie C. Rougeux (See above for address) TERMINATED: 09/16/2004 LEAD ATTORNEY
Timothy Herman Bannwolf (See above for address) TERMINATED: 09/16/2004 LEAD ATTORNEY

#

Docket Text

Case assigned to Honorable Orlando L. Garcia (ga) (Entered: 07/02/2004)

1 Complaint filed. (Pages: 6) (ga) (Entered: 07/02/2004)

2 Demand for jury trial by Equal Employment Opportunity Commission (ga) Modified on 07/08/2004 (Entered: 07/02/2004)

If ordered by the court, all referrals will be assigned to Magistrate Judge Nowak (ga) (Entered: 07/08/2004)

2 Waiver of Service by Pass & Seymour, Inc., Kennmark Group, Ltd.; Notice and Request Mailed on 7/19/04 ; Answer due on 9/17/04 for Pass & Seymour, Inc., for Kennmark Group, Ltd. (rg) (Entered: 08/02/2004)

Summons issued for Pass & Seymour, Inc. (rg) (Entered: 08/03/2004)

6 Waiver of Service by Pass & Seymour, Inc.; Notice and Request Mailed on 7/1/04 (rg) (Entered: 09/02/2004)

3 Motion by Pass & Seymour, Inc. for David M. Ferrara to appear pro hac vice (tm) Modified on 09/15/2004 (Entered: 08/26/2004)

4 Answer by Pass & Seymour, Inc. (tm) Modified on 09/15/2004 (Entered: 08/26/2004)

5 ORDER granting motion for David M. Ferrara to appear pro hac vice [31] signed by Honorable Orlando L. Garcia (tm) (Entered: 09/02/2004)

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09/16/2004 10/06/2004 10/06/2004 10/18/2004 10/22/2004 11/04/2004
01/10/2005 01/18/2005 02/07/2005 03/16/2005 04/26/2005 05/10/2005 05/26/2005 06/02/2005 06/02/2005 06/02/2005

7 Answer by Kennmark Group, Ltd. (tm) (Entered: 09/17/2004)
8 Order transferring case to the docket of Judge William Wayne Justice signed by Honorable Orlando L. Garcia (sj) (Entered: 10/07/2004)
Case reassigned from Honorable Orlando L. Garcia to Judge William W. Justice (sj) (Entered: 10/07/2004)
9 Report by Equal Employment, Pass & Seymour, Inc., Kennmark Group, Ltd. of parties' rule 26(f) joint discovery/case management plan (tm) (Entered: 10/19/2004)
10 Recommendations for scheduling order by Equal Employment, Pass & Seymour, Inc., Kennmark Group, Ltd. (tm) (Entered: 10/25/2004)
11 Scheduling order setting; Alternate Dispute Resolution Report due by 1/18/05, Joining of parties, amending of pleadings on 4/15/05, Discovery cutoff 10/24/05, Deadline for filing of all dispositive motions 9/1/05 signed by Judge William W. Justice (tm) (Entered: 11/05/2004)
12 Motion by Pass & Seymour, Inc. for (Paul Limmiatis) to appear pro hac vice (tm) (Entered: 01/11/2005)
13 Alternate Dispute Resolution Report filed by Pass & Seymour, Inc., Kennmark Group, Ltd., Party(s) agree to Alternate Dispute Resolution (tm) (Entered: 01/19/2005)
14 Order granting motion for (Paul Limmiatis) to appear pro hac vice [12-1] signed by Judge William W. Justice (tm) (Entered: 02/07/2005)
15 Stipulation filed by Equal Employment, Pass & Seymour, Inc., Kennmark Group, Ltd. (tm) (Entered: 03/16/2005)
16 Joint notice by Equal Employment, Pass & Seymour, Inc., Kennmark Group, Ltd. of pending settlement between EEOC and Pass & Seymour, Inc (tm) (Entered: 04/27/2005)
17 Joint Notice by Equal Employment, Kennmark Group, Ltd. of: Pending Settlement between EEOC and Kennmark Group, LTD (ac) (Entered: 05/11/2005)
18 Joint motion by Equal Employment, Pass & Seymour, Inc. to enter consent decree as to defendant Pass & Seymour (tm) (Entered: 05/27/2005)
19 Joint motion by Equal Employment, Kennmark Group, Ltd. to enter consent decree as to defendant Kennmark Group, LTD (tm) (Entered: 06/06/2005)
20 Order granting joint motion to enter consent decree as to defendant Pass & Seymour [18-1] signed by Judge William W. Justice (tm) (Entered: 06/06/2005)
21 Final Judgment and order entering consent decree as to defendant Pass & Seymour, Inc. signed by Judge William W. Justice (Pages: 2) (tm)

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06/24/2005 08/11/2005 08/11/2005

(Entered: 06/06/2005)
22 Order granting joint motion to enter consent decree as to defendant Kennmark Group, LTD [19-1] signed by Judge William W. Justice (tm) (Entered: 06/28/2005)
23 Final Judgment and Order entering consent decree as to defedant Kennmark Group, LTD signed by Judge William W. Justice (tm) (Entered: 08/12/2005)
Case closed (tm) (Entered: 08/12/2005)

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FILED

JUN 24 2005

IN THE UNITED STATES DISTRICT COURT CI.ERK1 FOR THE WESTERN DISTRICT OF TEXAS WliTiR

SAN ANTONIO DIVISION

"v -~~-~-

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
PASS & SEYMOUR, INC. AND KENNMARK GROUP, LTD.,
Defendants.

§ § § § § § Civil Action No. SA-04-CA-OS73-WWJ § § § § § §

CONSENT DECREE AS TO DEFENDANT KENNMARK GROUP, LTD.

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

Employment Opportunity Commission ("EEOC"), and Defendant, Kennmark Group, Ltd..

("Kenrunark"). The EEOC initiated this lawsuit under Title VII of the Civil Rights Act of 1964,

as amended, and Title I of the Civil Rights Act of 1991, to correct unlawful employment

practices on the basis of sex, male, and to provide appropriate relief to a class of males who were

adversely affected by these practices.

B. The EEOC and Kennmark desire to settle this action, without the risks,

lIncertainties and expenses of continued litigation, pursuant to the terms delineated in this

Consent Decree. By entering into this Consent Decree, Kennrnark makes no admission of

liability.

IT IS ORDERED, ADJUDGED AND DECREED as follows:

1. This Court has jurisdiction of the subject matter of this action and the parties,

venue is proper, and all administrative prerequisites to the EEOC's filing of this action have been

met. The parties stipulate to the Court's jurisdiction.

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2. This Consent Decree resolves all issues raised by the EEOC in the present lawsuit with regard to Kennmark's recruiting, screening, interviewing, rejecting, selecting and/or hiring individuals for Assembler positions between January 1, 1997, and the date this Consent Decree is entered by the Court.
3. Nothing contained in this Consent Decree will prohibit the EEOC from accepting and/or processing charges of discrimination filed by or on behalf of any individuals against Kennmark.
4. The duration of this Decree shall be five (5) years from the date of entry by the Court and in any case shall not expire until Kenrunark makes its last payment as required by Paragraph 9 of this Decree. This Court shall retain jurisdiction of the EEOC's claims and cause of action asserted against Kennmark during the period of this Consent Decree.
5. During the tenn of this Consent Decree, Kennmark shall be enjoined from engaging in gender discrimination with regard to recruiting, interviewing~ selecting, rejecting, referring and/or hiring individuals to fill any position.
6. Kennmark shall post the notice set forth in Exhibit "1" ("Notice") to this Consent Decree regarding its policies, practices, and intent to comply with Title VII where Kennmark customarily posts employee notices at its facility. The Notice shall be posted within ten (10) business days of the entry of this Consent Decree, and shall remain posted for the duration of this Consent Decree.
7. During the tenn of this Consent Decree, Kenrunark shall adopt a statement reflecting its commitment to maintaining a referral and hiring program that does not discriminate on the basis of gender.
8. Within ninety (90) of the entry of this Consent Decree, Christopher J. McKinney, of McKINNEY & WEBSTER, P.C. ("Kenrunark's legal counsel"), shall provide four (4) hours of
2

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Equal Employment Opportunity training to Kerutmark Human Resources and other management employees (hereinafter. collectively, the "Management Employees") who are involved in the recruiting, screening, interviewing, selecting, rejecting, referring andlor hiring of individuals for any position. The training will include infonnation regarding Title Vll's prohibitions against discrimination on the basis of gender, including performance based on stereotypical notions of gender-related job performance, and will reaffirm Kennmark's commitment to nondiscriminatory hiring. Kennmark's legal counsel will conduct similar training during each year of this Consent Decree for those Management Employees (i) hired, transferred or promoted during the preceding twelve (12) months into positions responsible for the screening, interviewing, selecting, rejecting, referring andlor hiring of individuals for any position, and (ii) who have not received the training during the term of this Consent Decree. Within ten (10) days after the initial and each annual training program, Kennmark shall provide the EEOC with written confirmation that the training has been completed and a copy of the training syllabus and materials. Kennmark shall provide a list of individuals, identified by name and title/position, who attended each training program and the date of their attendance.
9. Begilming July 1, 2005, and monthly thereafter (on or before the first of each month) for a total of 72 months ending June 1, 2011, Kennmark shall make a payment by check, either directly or on its behalf, in the amount of $348.00 (THREE HUNDRED FORTY-EIGHT DOLLARS AND NO/CENTS), and shall send it as a donation, to the Equal Rights Advocates, 1663 Mission Street, Suite 250, San Francisco, CA 94103 for a total payment over the 72-month period of $25,056.00 (TWENTY-FIVE THOUSAND FIFTY-SIX DOLLARS AND NO/CENTS). A copy of each check and any accompanying transmittal documents shall be forwarded to the EEOC to the attention of Robert B. Harwin, Regional Attorney, 5410 Fredericksburg Rd., Suite 200, San Antonio, Texas 78229.
3

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10. Nothing in this Consent Decree is intended to confer upon any person or entity

other than the EEOC the right to seek enforcement of this Consent Decree and/or of any of the

tenns contained herein.

11. All documents required to be forwarded to the parties or their counsel shall be

mailed, delivered or faxed to counsel at the following addresses:

TO THE EEOC:

Robert B. Harwin, Regional Attorney Equal Employment Opportunity Commission San Antonio District Office 5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229~3555 Telephone: (210) 281-7643 Facsimile: (210) 281-7669

TO THE KENNMARK GROUP:

Kennmark Group Attn: Legal Counsel 121 Interpark Suite 200 San Antonio, TX 78216

12. The parties to this Consent Decree shall bear their own costs and attorney's fees

incurred in this action as of the date of this Consent Decree. The parties agree that, pursuant to

Section 706(k) of Title VII, 42 U.S.C. section 2000e-5(k}, there is no "prevailing party" in this

action or proceeding.

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

tlllS¥ J SO ORDERED.
Signed

day of

l{ 11 t..

,2005.

4

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McKINNEY & WEBSTER, P.C. 2935 Thousand Oaks, Suite 6-193 San Antonio, Texas 78247 Telephone: (210) 200-8559 Facsimile: (210) 568-4101
ATTORNEY FOR DEFENDANT KENNMARK GROUP, LTD.

Respectfully submitted, ERIC S. DREffiAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
ROBERT B. HARWIN Regional Attorney District of Colwnbia Bar No. 076083
pervisory Trial Attorney exas State Bar No. 19708300
rial Attorney Texas State Bar No. 24014498
EQUALE~LOYMENTOPPOR~Y
COMMISSION San Antonio District Office 5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229-3555 Telephone: (210) 281-7613 Facsimile: (210) 281-7669 ATTORNEYS FOR PLAINTIFF

5

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')
Exhibit 1 The Kennmark Group, Ltd., is committed to hiring and referring applicants for employment without regard to their sex, race, color. religion. age, national origin, or disability. Kennmark will not tolerate discrimination which violates state or federal laws or local ordinances, including failing to hire individuals on account of their sex, race, color, creed/religion, age, national origin, or disability. Keruunark in particular will not tolerate gender discrimination in hiring such as for example discriminatorily preferring women and excluding men in hiring for any position. If any employee believes he or she has been discriminated against, the employee should immediately notify hislher supervisor or manager. If the complaint involves someone in the employee's direct line of supervision, the employee is encouraged to speak directly with the Human Resources Manager. Employees may also contact the Equal Employment Opportunity Commission at (210) 281-7600 or 1-800-669-4000 (TTY: 1-800-669-6820). Kennmark will take appropriate corrective action, up to and including termination, based on the circumstances involved, against any employee who violates Kennmark's policies against discrimination.

6

 
 EEOC LITIGATION SETTLEMENT REPORT - June 2005

Page 1 of 1

EEOC Litigation Settlements June 2005
z EEOC v. Pass & Seymour, Inc., and Kennmark Group, Ltd No. SA-04-CA-0573-WWJ (W.D. Tex. June 2 and June 24, 2005)
The San Antonio District Office alleged that Pass & Seymour (P&S) (an electrical products manufacturing subsidiary of Legrand, a French multinational company) and Kennmark Group (a staffing agency) engaged in a pattern-or-practice of discrimination against men in hiring for positions as assemblers at P&S's San Antonio facility. In December 1997, P&S contracted with Kennmark Group to provide about 130 temporary assemblers and an onsite manager to hire and supervise the temporary workers. P&S's Human Resources Manager instructed the first onsite manager to hire primarily women, restricting men to about 25% of the assembler positions even though men constituted about half of the applicant pool. She instructed a subsequent onsite manager not to hire men because women were more dexterous. P&S hired permanent assemblers from the pool of temporary assemblers who had worked for at least 90 days.
The EEOC entered into a 3-year consent decree with P&S and a 5-year consent decree with Kennmark Group. Under the June 2, 2005, decree with P&S, defendant will distribute $475,000 pro rata to those of the 216 class members identified in the decree who execute timely releases. P&S will pay any residual amount (resulting from failure of check delivery or uncashed checks) to Equal Rights Advocates in San Francisco. The decree also enjoins P&S from discriminating based on sex in recruiting and hiring for Assembler positions at any of its facilities. In addition, each P&S facility that employs Assemblers will: (a) post a notice on bulletin boards regarding Title VII's requirements; (b) adopt a statement reflecting its commitment to nondiscriminatory hiring; and (c) provide 6 hours of EEO training to human resources and management employees involved in recruiting and hiring Assemblers.
Under the June 24, 2005, decree with Kennmark Group, Kennmark will make a total payment of $25,056 (in 72 monthly installments of $348 each) to Equal Rights Advocates. Kennmark is enjoined from engaging in gender discrimination in recruiting, hiring, and referring individuals to fill any position.

http://www.eeoc.gov/litigation/settlements/settlement06-05.html

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 Office of General Counsel FY 2005 Annual Report

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Occasionally, EEOC comes across cases that serve as a reminder that the discrimination laws protect not only historically disadvantaged or excluded groups, but all workers. In EEOC v. Pass & Seymour, Inc., and Kennmark Group, Ltd. (W.D. Tex. June 24, 2005),
the Human Resources Manager for an electrical products manufacturer instructed the onsite manager for an employment agency to hire primarily women, restricting men to about 25% of the assembler positions even though men constituted about half of the applicant pool. In addition, she instructed another onsite manager not to hire men because women "had better dexterity" and "smaller hands." Under consent decrees with the manufacturer and the employment agency, $475,000 will be distributed among 216 men, $25,000 will go to a civil rights advocacy group, the manufacturer will provide EEO training to human resources and management employees involved in recruiting and hiring, and both entities are enjoined from future gender discrimination.

http://www.eeoc.gov/litigation/05annrpt/index.html

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