1 Mary Jo O'Neill, AZ Bar No. 005924 C. Emanuel Smith, MS Bar No. 7473
2 Michelle G. Marshall, AZ Bar No. 017358 Equal Employment Opportunity Commission
3 3300 N. Central Ave., Suite 690 Phoenix, AZ 85012-2504
4 Telephone: 602-640-5020 Fax: 602-640-5009
5
E-Mail: 6 Mary.Oneill@eeoc.gov
Emanuel.Smith@eeoc.gov 7 Michelle.Marshall@eeoc.gov

8 Attorneys for Plaintiff

9

UNITED STATES DISTRICT COURT

10

DISTRICT OF ARIZONA

11

12 EQUAL EMPLOYMENT

) ) Civ.

13 OPPORTUNITY COMMISSION,

) ) COMPLAINT

14

Plaintiff,

) ) (Jury Demand)

)

15

vs.

)

) 16 SUNLAND, INC., an Arizona corporation, )

)

17

Defendant

)

)

18

19

NATURE OF THE ACTION

20

21

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

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

23 and retaliation, and to provide appropriate relief to Thomas Bloom and a class of male

24 employees who were adversely affected by such practices. As alleged with greater

25 particularity in paragraphs 7-12 below, the Commission alleges that Thomas Bloom and a

26 class of similarly situated male employees were sexually harassed while working for

27 Defendant, Sunland, Inc. The Commission further alleges that Defendant retaliated

28 against a class of male employees and constructively discharged them.

1

1

JURISDICTION AND VENUE

2

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

3 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section

4 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §

5 2000e-5(f)(1) and (3) (“Title VII”) and Section 102 of the Civil Rights Act of 1991, 42

6 U.S.C. § 1981a.

7

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

8 committed within the jurisdiction of the United States District Court for the District of

9 Arizona.

10

PARTIES

11

3. Plaintiff, the Equal Employment Opportunity Commission (the

12 “Commission”), is the agency of the United States of America charged with the

13 administration, interpretation and enforcement of Title VII, and is expressly authorized to

14 bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and

15 (3).

16

4. At all relevant times, Defendant, Sunland, Inc., (“Defendant” or

17 “Sunland”), has continuously been an Arizona corporation doing business in the State of

18 Arizona and the City of Tucson, and has continuously had at least 15 employees.

19

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

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

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

22

STATEMENT OF CLAIMS

23

6. More than thirty days prior to the institution of this lawsuit, Thomas Bloom

24 filed a charge with the Commission alleging violations of Title VII by Defendant

25 Sunland, Inc. All conditions precedent to the institution of this lawsuit have been

26 fulfilled.

27 //

28 //

2

1

FIRST CLAIM: SEXUAL HARASSMENT

2

7. Since at least September 1999, Defendant has engaged in unlawful

3 employment practices at its Tucson, Arizona facility, in violation of section 703(a) of

4 Title VII, 42 U.S.C. ' 2000e-2(a), by subjecting Thomas Bloom and a class of male

5 employees to sexual harassment.

6

8. The unlawful sexual harassment includes but is not limited to the following

7 conduct:

8

a. Defendant’s supervisor, a Foreman, tried to kiss male employees;

9

b. Defendant’s supervisor, a Foreman, grabbed the genitals of male

10

employees;

11

c. Defendant’s supervisor, a Foreman, touched male employees

12

sexually and inappropriately, including grabbing male employees

13

and “humping” or otherwise simulating having sex with them.

14

d. Defendant’s employee exposed himself to male employees;

15

e. Defendant’s employee urinated on male employees;

16

f. Defendant’s employee grabbed the genitals of male employees; and

17

g. Defendant’s employee touched male employees sexually and

18

inappropriately, including grabbing male employees and “humping”

19

or otherwise simulating having sex with them.

20

9. Although Defendant had notice of sexual harassment, it failed to exercise

21 reasonable care to prevent and/or correct promptly any sexually harassing behavior.

22

SECOND CLAIM: CONSTRUCTIVE DISCHARGE

23

10. The unlawful employment practices described above caused a class of male

24 employees to be constructively discharged in violation of section 703(a) of Title VII, 42

25 U.S.C. ' 2000e-2(a).

26

THIRD CLAIM: RETALIATION

27

11. Defendant retaliated against a class of employees for opposing unlawful

28 employment practice(s) or because they made a charge, testified, assisted, or participated

3

1 in any manner in an investigation, proceeding, or hearing under Title VII, in violation of

2 Section 704 of Title VII, 42 U.S.C. §2000e-3(a).

3

12. The unlawful retaliation includes but is not limited to the constructive

4 discharges alleged above, as well as Defendant’s refusal to promote a class member

5 because he engaged in activity protected under Section 704(a) of Title VII, 42 U.S.C.

6 §2000e-3(a). As part of Defendant’s refusal to promote the class member, management

7 made a statement to the effect of “You can forget about becoming Foreman” after the

8 class member had complained about the sexual harassment.

9

13. The effect of the practices complained of in paragraphs 7-12 above has

10 been to deprive Thomas Bloom and a class of male employees of equal employment

11 opportunities and otherwise adversely affect their status as employees, because of their

12 sex, male and in retaliation for opposing unlawful employment practice(s) or because

13 they made a charge, testified, assisted, or participated in any manner in an investigation,

14 proceeding, or hearing under Title VII.

15

ALLEGATIONS RELATED TO COMPENSATORY AND PUNITIVE DAMAGES

16

14. The unlawful employment practices complained of in paragraphs 7-12

17 above were and are intentional.

18

15. The unlawful employment practices complained of in paragraphs 7-12

19 above were and are done with malice or with reckless indifference to the federally

20 protected rights of Thomas Bloom and a class of male employees.

21

PRAYER FOR RELIEF

22

Wherefore, the Commission respectfully requests that this Court:

23

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

24 assigns, and all persons in active concert or participation with it, from engaging in sexual

25 harassment, retaliation or any other employment practice which discriminates on the

26 basis of sex or retaliation.

27 //

28 //

4

1

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

2 which provide equal employment opportunities for men, and which eradicate the effects

3 of its past and present unlawful employment practices.

4

C. Order Defendant to make whole Thomas Bloom and a class of male

5 employees, by providing appropriate backpay with prejudgment interest, in amounts to be

6 determined at trial, and other affirmative relief necessary to eradicate the effects of its

7 unlawful employment practices, including but not limited to rightful place reinstatement

8 or promotion or, alternatively, front pay for Thomas Bloom and a class of male

9 employees.

10

D. Order Defendant to make whole Thomas Bloom and a class of male

11 employees, by providing compensation for past and future pecuniary losses resulting

12 from the unlawful employment practices described in paragraphs 7-12 above, including

13 any relocation expenses, job search expenses, and medical expenses not covered by

14 Defendant’s employee benefit plan, in amounts to be determined at trial.

15

E. Order Defendant to make whole Thomas Bloom and a class of male

16 employees by providing compensation for past and future nonpecuniary losses resulting

17 from the unlawful practices complained of in paragraphs 7-12 above, including emotional

18 pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to

19 be determined at trial.

20

F. Order Defendant to pay Thomas Bloom and a class of male employees

21 punitive damages for its malicious and reckless conduct described in paragraphs 7-12

22 above, in amounts to be determined at trial.

23

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

24 public interest.

25

H. Award the Commission its costs of this action.

26

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its
27

Complaint.
28

5

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DATED this 21st day of September, 2005.

2

Respectfully submitted,

3

JAMES L. LEE

4

Deputy General Counsel

5

GWENDOLYN YOUNG REAMS

6

Associate General Counsel

7

EQUAL EMPLOYMENT

8

OPPORTUNITY COMMISSION

9

1801 L Street, N.W.

Washington, D.C. 20507
10

11

s/ Mary Jo O’Neill

12

MARY JO O’NEILL

13

Regional Attorney

14

15

s/ C. Emanuel Smith

C. EMANUEL SMITH

16

Supervisory Trial Attorney

17
s/ Michelle G. Marshall

18

MICHELLE G. MARSHALL

19

Trial Attorney

20

EQUAL EMPLOYMENT

21

OPPORTUNITY COMMISSION

Phoenix District Office

22

3300 N. Central Ave., Suite 690

23

Phoenix, AZ 85012

24

Attorneys for Plaintiff

25

26

27

28

6

 
 1

2

3

4

5

6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
8

9 Equal Employment Opportunity

) CV 05-562 TUC FRZ (HCE)

Commission,

)

10

)

Plaintiff,

) CONSENT DECREE

11

)

vs.

)

12

)

Sunland, Inc., an Arizona Corporation, )

13

)

Defendant.

)

14

)

15

16

INTRODUCTION

17

The United States Equal Em ployment Opportunity Com mission (“Plaintiff,” the

18 “Commission” or “EEOC”) filed this action against Defendant Sunland, Inc. (“Defendant”

19 or “Sunland”) to enforce Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e etseq.

20 (Title VII) and the Civil Rights Act of 1991, 42 U.S.C. §1981a. In its Com plaint, the

21 Commission alleges Defendant discriminated against Thomas Bloom and a class of m ale

22 employees (collectively, “class members”) on the basis of their sex by subjecting them to

23 unlawful sexual harassment. The Com mission also alleges Defendant retaliated against

24 employees who complained about the sexual harassment, and constructively discharged them

25 from their employment in violation of Title VII.

26

The Commission and Sunland do not object to the jurisdiction of the Court over this

27 action and waive their rights to a hearing and the entry of findings of fact and conclusions

28 of law.

1

In the interest of res olving this m atter, and as a re sult of having engaged in

2 comprehensive settlement negotiations, the Commission and Sunland have agreed this action

3 should be resolved finally by entry of this Decree.

4

It is hereby ORDERED, ADJUDGED AND DECREED:

5

1. This Decree resolves all claim s of the Com mission and all class m embers

6 against Defendant, including back pay, front pay, com pensatory and punitive dam ages,

7 interest, injunctive relief, attorney' s fees and costs arising out of a ny of the issues in this

8 lawsuit, including any issue that could have been raised up to the date of the entry of this

9 Decree.

10 INJUNCTION

11

2. Defendant, and its officers, agents, em ployees, successors, assigns and all

12 persons in active concert or participation with it, both at the time that this Decree becomes

13 effective and for the duration of this Decree, are permanently enjoined for the duration of the

14 Decree from: (a) sexually harassing any employee or applicant; (b) retaliating against any

15 employee or applicant because he or she: (i) opposes or opposed discriminatory practices

16 made unlawful by Title VII; (ii) files or filed acharge of discrimination or is assisting or has

17 assisted or participated or is participating in the filing of a charge of discrimination; or (iii)

18 assists, assisted, participates or participated in an investigation or proceeding brought under

19 the Federal or State laws prohibiting discrimination or retaliation.

20 MONETARY RELIEF

21

3. Judgment is entered in favor of the Com mission and against Sunland in the

22 amount of one hundred twenty thousand dollars ($120,000.00).

23

4. Defendant shall pay the gross su m of one hundred twenty thousand dollars

24 ($120,000.00), to be distributed to the aggrieved persons in a manner that will be provided

25 to counsel for Defendant by the Commission. Defendant shall not condition the receipt of

26 the individual relief on a class me mber’s agreement to: (a) m aintain confidentiality; (b)

27 waive his statutory right to file a charge withany federal or state anti-discrimination agency;

28 or (c) waive his right to apply for a position with Defendant.

2

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5. Defendant shall pa y the settlem ent amounts by check, cashier’s check or

2 money order, for which sufficient funds exist, in accordance with Paragraphs Three (3) and

3 Four (4) of this Decree. Defendant’s obligation hereunder is not satisfied until each check

4 issued is negotiated for readily available funds. The payemnts described in Paragraphs Three

5 (3) and Four (4) of this Decree represent settlement of compensatory damages. By January

6 31, 2007, Defendant shall issue United States Internal Revenue Service Form1099 to each

7 class member for all such payments.

8

6. Defendant shall mail a copy of the checks provided for in Paragraphs Three (3)

9 and Four (4) of this Decree and any related correspondence to the Regional Attorney, United

10 States Equal Employment Opportunity Commission, 3300 North Central Avenue, Suite 690,

11 Phoenix, Arizona, 85012.

12 OTHER RELIEF

13

7. Defendant’s President, Douglas J. DeClusin, shall provide the Charging Party

14 and the class members (identified to counsel for Defendant by the Commission) with a verbal

15 apology, in person, at a place an d time to be agreed upon by th e parties within thirty (30)

16 days of the entry of this Decree.

17

8. Defendant shall c arry out policies and practices that help assure a work

18 environment free from sexual harassment of its employees and that allow employees to raise

19 concerns or complaints without retaliation about matters made unlawful by Title VII. To

20 assist Defendant in its efforts to assure a work environm ent free of sexual harassment and

21 retaliation, Defendant shall take the actions provided in Paragraphs Eleven (11) - Eighteen

22 (18) of this Decree.

23

9. Within thirty (30) days of the entry of the Decree, Defendant shall

24 appropriately investigate Luis Laguna, and in the event such investigation reasonably

25 establishes that Mr. Laguna engaged in any sexual misconduct, Defendant shall discipline

26 Mr. Laguna to the extent Defendant, in its sole discretion, deem s appropriate. The

27 investigation conducted by Defendant shall include, at a m inimum, interviews of Thomas

28 Bloom, Jim Rosovich, Mauro Rivera and George Abendano, assuming these individuals are

3

1 available for such interviews after good faith efforts by Defendant to contact them. In the

2 event the Defendant determines that Luis Laguna has engaged in sexual m isconduct, and

3 provided he remains employed by Defendant immediately following such determination, and

4 in addition to the sexual harassment training set forth in Paragraph Twelve (12) below, Luis

5 Laguna shall, as a c ondition of his em ployment, be required to attend individual training

6 sessions regarding sexual harassment, which shall be taught by a trainer acceptable to the

7 Commission. This training shall specifically include inform ation about how sexual

8 harassment victims (including male victims) are affected by the conduct. In addition, in the

9 event Luis Laguna remains employed by Defendant after the investigation described in this

10 Paragraph Nine (9), a notation shall be made and kept in the employment file of Luis Laguna,

11 stating that allegations of sexual harassm ent and retaliation were m ade against him and,

12 should he be determ ined to have engaged in any sexual ha rassment or retaliation in the

13 future, he shall be appropriately disciplined. A notation also shall be made and kept in the

14 employment file of Rogelio Laguna, a form er employee, stating that allegations of sexual

15 harassment and retaliation were m ade against him . Said notation shall be re tained in

16 Defendant’s records for the duration of this consent decree.

17

10. Mauro Rivera is eligible for employment with Defendant and, in the event he

18 submits an application for em ployment, Defendant will offer Mauro Rivera a job in an

19 available position for which he possesses the requisite qualifications and experience.

20 DEFENDANT’S CORRECTIVE POLICIES AND PRACTICES

21

11. Defendant shall post, for the duration of this Decree, in a prom inent place

22 frequented by its employees at its facilities located in the State of Arizona, including, both

23 at the time that this Decree becomes effective and for the duration of this Decree, the Notice

24 attached as Attachment A, in both English and Spanish. The Notice shall be the same type,

25 style and size as set forth in Attachment A to this Decree, and the Notice shall be posted so

26 that both pages are visible side-by-side. It shall be Defendant’s responsibility to ha ve the

27 notice properly translated.

28

12. Defendant shall provide training to the employees, supervisors and managers

4

1 of its facilities in the State of Arizona on sexual harassment and retaliation, according to the

2 following terms:

3

A. Defendant shall provide consultation and training to its em ployees,

4 supervisors and managers of its Arizona facilities for a period of five (5) years fromthe date

5 of this Decree. During each of the next five (5) years, the consultant/trainer shall conduct

6 one live seminar training session each year, during which Defendant shall ensure that an

7 officer of Defendant will m ake either a live or a recorded video statem ent regarding the

8 severe consequences of sexual harassment and of the failure to investigate and take seriously

9 complaints of unlawful harassm ent, including the fact that ma nagers and supervisors are

10 evaluated, in part, on their enforcement of Defendant's anti-discrimination policies and the

11 handling of discrim ination complaints, and that such individuals m ay be subjected to

12 discipline, up to and including term ination, for violation of Defendant’s polic ies against

13 sexual harassment and retaliation.

14

All Defendant employees, supervisors and m anagers employed or having

15 responsibility for its Arizona facilities shall attend the live session or the recorded video

16 showing of the live session in each year for the duration of this Decree. Defendant may at

17 its election have duplicative recorded video sessions to accommodate staffing needs.

18

B. During the first year, 2006, the sem inar-training session shall be

19 conducted within four m onths of the entry of this Decree. For the second year, the

20 seminar-training session shall be conducted between 10 and 12 months after the completion

21 of the preceding session. For the third year, the seminar-training session shall be conducted

22 between 10 and 12 months after the completion of the preceding session. For the fourth year,

23 the seminar-training session shall be conduc ted between 10 and 12 m onths after the

24 completion of the preceding session. For the fifth year, the seminar-training session shall be

25 conducted between 10 and 12 months after the completion of the preceding session.

26

C. The seminar-training sessions shall be approximately one and one-half

27 hours, plus 15-30 minutes of questions and answers. All personnel, designated in Paragraph

28 Eleven (11) (A), shall both register and attend the seminar-training session. The registry of

5

1 attendance shall be retained by Defendant for the duration of this Decree.

2

D. The seminars shall include the subjects of what constitutes sexual

3 harassment and retaliation; that sexual harassm ent and retaliation in the hiring, firing,

4 compensation, assignment or other terms, conditions or privileges of employment violates

5 the law; how to prevent sexual harassm ent and retaliation; how to provide a work

6 environment free fromsexual harassment and retaliation; how to conduct an effective sexual

7 harassment investigation; and to whomand by what means employees may complain if they

8 feel they have been subjected to sexual ha rassment or retaliation in the workplace. The

9 session shall also review and explain Defendant’s policies set out in Paragraph Fifteen (15)

10 (A)-(K) of this Decree.

11

E. During each training session, Defendant shall ensure that an officer of

12 Defendant will speak either live or via recorded video to the em ployees, supervisors and

13 managers about the discipline that can be taken against supervisors, amnagers and employees

14 of Defendant who commit acts of sex harassment or retaliation or allow sex harassment or

15 retaliation to occur in the workplace; the importance of maintaining an environment free of

16 sexual harassment and retaliation; and Defendant’spolicy in regard to sexual harassment and

17 retaliation referred to in Paragraph Fifteen (15) (A)-(K) of this Decree.

18

13. The Commission may designate Commission representatives to attend and

19 participate in the seminar-training sessions. The representatives shall have the right to attend

20 and fully participate in the sessions.

21

14. Defendant shall designate, for the duration of this Consent Decree, person(s)

22 at Sunland to receive and forward complaints of discrimination from its employees within

23 the State of Arizona.

24

15. Defendant shall maintain written policies, in English and in Spanish concerning

25 sexual harassment and retaliation, that conform with the law. Defendant represents that its

26 written policies substantially conform with Paragraphs A-K below:

27

A. A strong and clear com mitment to a workplace free of sexual

28 harassment;

6

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B. Clear and complete definitions of sexual harassment and of retaliation,

2 with at least four relevant examples;

3

C. A clear and strong encouragem ent of persons who believe the y have

4 been sexually harassed to come forward and make management aware of the harassment;

5

D. A description of the consequences, up to and including terimnation, that

6 will be imposed upon violators of the policies;

7

E. A promise of maximum feasible confidentiality for persons who believe

8 that they have been sexually harassed;

9

F. An assurance of non-retaliation for persons who have reported to

10 Defendant that they believe they have been sexually harassed, and for witnesses;

11

G. That sexual harassment by any person, including management officials,

12 supervisors, co-workers, customers and third parties is prohibited and will not be tolerated;

13

H. The identification of specific individuals, with their telephone numbers,

14 to whom employees who believe that they have been sexually harassed may report the sexual

15 harassment, including a written statement that the employee may report the harassment to

16 designated persons outside of their chain of management. This information also shall be

17 posted in a conspicuous place at Defendant's facilities in the State of Arizona;

18

I. That employees are not to discuss sexual conduct and/or sexual jokes

19 while at work and that employees are not to expose their genitalia to one another or urinate

20 on one another;

21

J. That no sexually oriented materials or objects shall be brought on the

22 premises of Defendant;

23

K. Assurances that Defendant will investigate sexual harassm ent

24 allegations promptly, fairly, thoroughly and impartially by using appropriate investigators

25 and that appropriate corrective action will betaken by Defendant to eradicate any known or

26 reported sexual harassment.

27

16. These policies, referred to in Paragraph Fifteen (15) (A)-(K) above, shall be

28 transmitted to employees, supervisors and managers of Defendant’s Arizona facilities by an

7

1 officer of Defendant and distributed to each current em ployee of Defendant’s Arizona

2 facilities within thirty (30) days of the en try of this Decree. These policies shall be

3 distributed, in English and Spanish, to all new employees of Defendant’s Arizona facilities

4 when hired and reissued, in English and Spanish, to each employee once a year for the term

5 of this Decree. The sexual harassment policies also shall be posted, in English and Spanish,

6 in a prominent place frequented by the em ployees and shall include a phone num ber for

7 employees to complain and/or ask questions.

8

17. Defendant shall promptly and appropriatelyinvestigate all complaints of sexual

9 harassment by employees of its Arizona facilities. Where the com plaint is substantiated,

10 Defendant shall take immediate appropriate corrective action to discipline sexual harassers,

11 and to eradicate the sexual harassm ent. If Defendant determ ines that a victim of sexual

12 harassment has been denied a tangible em ployment benefit as a result of the harassm ent,

13 Defendant shall restore the com promised benefit and take such actions as are reasonably

14 necessary to place the employee in the position the employee would have been absent the

15 discrimination or retaliation.

16

18. Defendant shall not retain docum ents related to the investigation in the

17 personnel file of any employee who complains of harassment. All disciplinary actions taken

18 against employees, supervisors and managers of Defendant’s Arizona facilities for violation

19 of Defendant sexual harassment policy shall be retained in that em ployee’s personnel file

20 where a violation is found and discipline is imposed.

21 REPORTING BY DEFENDANT AND ACCESS BY EEOC

22

19. Defendant shall report in writing to the Regional Attorney of the Commission's

23 Phoenix District Office at 3300 N. Central Ave., Suite 690, Phoenix, Arizona 85012,

24 beginning six (6) months from the date of the entry of this Decree, and thereafter every six

25 (6) months for the duration of the Decree the following information:

26

A. Any changes, modifications, revocations, or revisions to its policies

27 which concern or affect the subject of sexual harassment or retaliation.

28

B. The registry of persons attending the seminars required in Paragraph

8

1 Twelve (12) of this Decree and a list of current personnel em ployed by Defendant at its

2 Arizona facilities on the day of the seminar-training session.

3

C. Confirmation that: (i) the Notice required in Paragraph Eleven (11) of

4 this Decree was posted, in English and in Spanish, and the locations where it was posted, (ii)

5 the policies required in Paragraph Fifteen (15) (A)-(K) of this Decree were distributed to

6 each current and new employee of Defendant’s Arizona facilities, and posted.

7

D. A copy of the polices referred to in Fifteen (15) (A)-(K) of this Decree

8 will be provided with the first report.

9

20. The Commission shall have the right to enter and inspect Defendant premises

10 located in Arizona upon ten (10) days written notice to De fendant counsel, to ensure

11 compliance with this Decree and Title VIIs' prohibition of sexual harassment and retaliation.

12 COSTS, DURATION AND PENALTIES FOR NON-COMPLIANCE

13

21. The parties shall each bear theriown costs, and the Commission and Defendant

14 shall each bear their own attorneys’ fees incurred as a result of this action through the filing

15 of this Decree.

16

22. The duration of this Decree shall be five (5) years from its entry. This Court

17 shall retain jurisdiction over this action for the duration of the Decree, during which the

18 Commission may petition this Court for compliance with this Decree.

19

23. In the event that the Commission believes that Defendant has failed to comply

20 with any provision(s) of the Decree, the Commission shall:

21

(a) Notify Defendant in writing of the alleged non-com pliance, which

22

notice shall state that it is being given pursuant to this Paragraph

23

Twenty-Three (23) (a) of this Decree and shall be sent by fax and by

24

first-class mail both to the counsel and the corporate officers who sign

25

this Decree on behalf of Defendant, using the fax num bers and

26

addresses shown in connection with their signatures below.

27

24. Should the Court determine that Defendant has not materially complied with

28 this Decree, appropriate relief may be ordered. This Decree shall expire by its own terms at

9

1 the end of sixty (60) months from the date of entry, without further action by the parties.

2

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

3 by the Court.

4

5

DATED this 27th day of June, 2006.

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1 APPROVED AND CONSENTED TO: 2 GWENDOLYN YOUNG REAMS
Associate General Counsel 3
EQUAL EMPLOYMENT OPPORTUNITY 4 COMMISSION
1801 L Street , N.W. 5 Washington, D.C. 20507 6 7
s/ Mary Jo O’Neill 8 MARY JO O’NEILL
Regional Attorney 9 10 11
s/ Sally C. Shanley 12 SALLY C. SHANLEY
Supervisory Trial Attorney 13 14 15
s/ Michelle G. Marshall 16 MICHELLE G. MARSHALL
Trial Attorney 17
EQUAL EMPLOYMENT 18 OPPORTUNITY COMMISSION
Phoenix District Office 19 3300 N. Central Ave., Suite 690
Phoenix, Arizona 85012 20 (602) 640-5020 21 Attorneys for Plaintiff 22 23 24 25 26 27 28

s/ Douglas J. Declusin DOUGLAS J. DECLUSIN PRESIDENT Sunland, Inc.
s/ Tibor Nagy Tibor Nagy, Esq. Erica Rocush, Esq. SNELL & WILMER LLP One South Church Avenue Suite 1500 Tucson, AZ 85701-1630 Approved as to form only

11

ATTACHMENT A

NOTICE TO ALL EMPLOYEES OF SUNLAND, INC.
This Notice is posted pursuant to a Consent Decree entered into between Sunland and the Equal Employment Opportunity Commission (EEOC), entering judgment against Sunland.
It is unlawful under federal law, Title VII of the Civil Rights Act and state law to discriminate against an employee on the basis of sex, including sexual harassment, in the recruitment, hiring, firing, compensation, assignment, or other terms, and conditions or privileges of employment. Sexual harassment includes unwelcome or offensive sexual advances or touching, requests for sexual favors, or other verbal or physical conduct directed at a person because of her/his sex. It is also unlawful to retaliate against any person because the person protested discriminatory practices or contacted the EEOC or the Arizona Civil Rights Division (ACRD).
Sunland shall not discriminate against any employee on the basis of sex, including sexual harassment, and shall not retaliate against any employee for complaining about sexual harassment.
If you believe you have been discriminated against or sexually harassed, you should immediately report such conduct to Sunland’s Human Resources Manager, LaVerne Doherty, at (602) 288-5012. You also have the right to seek assistance from:
(1) EEOC, 3300 North Central Avenue, Suite 690, Phoenix, Arizona 85012 Telephone: (602) 640-5000 TTY: (602) 640-5072 Website (national): www.eeoc.gov; or

(2) Arizona Civil Rights Division (“ACRD”) of the Attorney General's Office Phoenix Office: 1275 W. Washington, Phoenix, Arizona, 85007 Telephone: (602) 542-5263 TDD: (602) 542-5002 Toll Free: (877) 491-5742 Toll Free TDD: (877) 624-8090
Tucson Office: 400 West Congress, Suite S215 Tucson, AZ 85701 Telephone: (520) 628-6500 TDD: (520) 628-6872 Toll Free: (877) 491-5740 Toll Free TDD (877) 881-7552 Website: www.azag.gov/civil_rights
You have the right to file a charge with the EEOC or ACRD if you believe you are being discriminated against, retaliated against or sexually harassed.
No Retaliation Clause. It is against the law for any action to be taken against you by any supervisory or management official of Sunland for: (1) opposing sexual harassment or other discriminatory practices made unlawful by federal or state law; (2) filing a charge or assisting or participating in the filing of a charge of discrimination; or (3) assisting or participating in an investigation or proceeding brought under Title VII. Should any such retaliatory actions be taken against you, you should immediately contact the EEOC or the ACRD at the addresses or telephone numbers listed above.

 
 CM/ECF - azd - Docket Report

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CLOSED, STD
U.S. District Court DISTRICT OF ARIZONA (Tucson Division) CIVIL DOCKET FOR CASE #: 4:05-cv-00562-FRZ-HCE

Equal Employment Opportunity Commission v. Sunland,Inc. Assigned to: Judge Frank R Zapata Referred to: Magistrate Judge Hector C Estrada Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/21/2005 Date Terminated: 06/30/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Michelle G Marshall EEOC 3300 N Central Ave Ste 690 Phoenix, AZ 85012-1848 602-640-5020 Fax: 602-640-5009 Email: michelle.marshall@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sally Clifford Shanley EEOC 3300 N Central Ave Suite 690 Phoenix, AZ 85012-1848 602-640-5007 Fax: 602-640-5009 Email: sally.shanley@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Sunland, Inc.

represented by Erica K Rocush Ogletree Deakins Nash Smoak & Stewart PC 6760 N Oracle Rd Ste 200 Tucson, AZ 85704-5608 520-544-0300 Fax: 520-575-9625 Email: erica.rocush@ogletreedeakins.com LEAD ATTORNEY

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ATTORNEY TO BE NOTICED
Tibor Nagy Ogletree Deakins Nash Smoak & Stewart PC 6760 N Oracle Rd Ste 200 Tucson, AZ 85704-5608 520-544-0300 Fax: 520-575-9625 Email: tibor.nagy@ogletreedeakins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/21/2005 09/22/2005
09/22/2005 09/22/2005 10/24/2005 10/24/2005 10/26/2005
10/27/2005 10/27/2005
11/01/2005
11/07/2005 11/07/2005

#

Docket Text

1 COMPLAINT, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Marshall, Michelle) (Entered: 09/21/2005)
Notice to filer of case assignment:CV05-562-TUC-HCE, assigned to the Honorable Magistrate Judge Hector C. Estrada. Filer to provide courtesy copy of complaint to Judge. (ARS, ) (Entered: 09/22/2005)
2 Summons Issued as to Sunland, Inc.. (ARS, ) (Entered: 09/22/2005)
Magistrate Election Form Deadline (LMF, ) (Entered: 09/22/2005)
3 ANSWER to Complaint by Sunland, Inc..(Nagy, Tibor) (Entered: 10/24/2005)
11 Party Elects Assignment of Case to District Judge Jurisdiction (LMF, ) (Entered: 11/07/2005)
4 Notice re Notice of Service of Defendant's Request for Production (First Set) and Non-Uniform Interrogatories (First Set) by Sunland, Inc. (Rocush, Erica) (Entered: 10/26/2005)
5 Notice re Service of First Set of Discovery Requests by Equal Employment Opportunity Commission (Marshall, Michelle) (Entered: 10/27/2005)
6 Notice re of Rule 30(b)(6) Deposition and Service of Rule 30(b)(5) Request for Documents by Equal Employment Opportunity Commission (Marshall, Michelle) (Entered: 10/27/2005)
7 SUMMONS Returned Executed by Equal Employment Opportunity Commission. Sunland, Inc. served on 10/13/2005, answer due 11/2/2005. (Marshall, Michelle) (Entered: 11/01/2005)
8 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. (LMF, ) (Entered: 11/07/2005)
9 ORDER, Judge Frank R Zapata added. Judge Hector C Estrada no longer assigned to case. (LMF, ) (Entered: 11/07/2005)

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11/07/2005 11/15/2005
11/17/2005 11/21/2005 11/21/2005 11/28/2005 11/30/2005
12/02/2005 12/20/2005 12/28/2005 01/09/2006 03/02/2006 03/13/2006 03/17/2006

10 ORDER ; Redocketed document #9 to attach PDF (LMF, ) (Entered: 11/07/2005)
12 ORDER:Pursuant to General Order 98-62 this case reassigned to the Judge Zapata, is hereby referred to Magistrate Judge Hector C Estrada for all pretrial proceedings and report and recommendation in accordance with the provisions of 28 U.S.C & 636(b)(1) and LRCiv 72 72.1 and LRCiv 72.2 of the Rules of Practice of the United States District Court for the District of Arizona, Local Rules of Civil Procedure. All future filings in this case shall be designated 05-CV-562-TUC-FRZ(HCE).Signed by Judge Frank R Zapata on 11/15/05. (REC, ) (Entered: 11/15/2005)
13 ORDER Scheduling Conference set for 1/5/2006 10:00 AM before Judge Estrada's law clerk, Suzanne Kaplan McKee.. Signed by Judge Hector C Estrada on 11/16/05 (KDT, ) (Entered: 11/17/2005)
14 Notice re Service of Initial Disclosure Statement by Equal Employment Opportunity Commission (Marshall, Michelle) (Entered: 11/21/2005)
15 Notice re Service of Defendant's Initial Rule 26 Disclosure Statement by Sunland, Inc. (Rocush, Erica) (Entered: 11/21/2005)
16 Notice re Service of First Discovery Responses to Defendant by Equal Employment Opportunity Commission (Marshall, Michelle) (Entered: 11/28/2005)
17 Notice re Service of Defendant's Response to Plaintiff's First Set of Non-Uniform Interrogatories; Response to Plaintiff's First Set of Requests for Admissions; and Response to Plaintiff's First Set of Requests for Production of Documents by Sunland, Inc. (Rocush, Erica) (Entered: 11/30/2005)
18 Notice re Notice of Service by Sunland, Inc. of First Supplemental Response to Plaintiff's First Set of Requests for Production of Documents (Rocush, Erica) (Entered: 12/02/2005)
19 Notice re Service of First Supplemental Disclosure Statement by Equal Employment Opportunity Commission (Marshall, Michelle) (Entered: 12/20/2005)
20 REPORT re: Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission. (Marshall, Michelle) (Entered: 12/28/2005)
21 Rule 16 SCHEDULING ORDER: Discovery due by 6/30/2006. Dispositive motions due by 8/18/2006. Proposed Pretrial Order due by 9/22/2006.Signed by Judge Hector C Estrada on 1/6/06. (REC, ) (Entered: 01/09/2006)
22 NOTICE of Attorney Substitution by Sally Clifford Shanley (Shanley, Sally) (Entered: 03/02/2006)
23 Notice re Rule 30(b)(6) Deposition of Defendant and Rule 30(b)(5) Request for Production of Documents by Equal Employment Opportunity Commission (Marshall, Michelle) (Entered: 03/13/2006)
24 Joint MOTION for Extension of Time Case Deadlines by Equal Employment Opportunity Commission. (Marshall, Michelle) (Entered: 03/17/2006)

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03/21/2006
03/24/2006 03/28/2006 05/26/2006 06/15/2006 06/16/2006 06/23/2006 06/30/2006

25 It Is ORDERED granting 24 Motion for Extension of Time of Deadlines; Discovery due by 10/27/2006. Dispositive motions due by 12/15/2006. Proposed Pretrial Order due by 1/15/2007. All other provisions of the Courts January 6, 2006 Scheduling Order shall remain ineffect and are unchanged by this Order.Signed by Judge Hector C Estrada on 3/20/2006. (REC, ) (Entered: 03/21/2006)
26 STIPULATION Request to Schedule Judicial Settlement Conference by Equal Employment Opportunity Commission, Sunland, Inc.. (Rocush, Erica) (Entered: 03/24/2006)
27 It Is ORDERED re 26 that a Settlement Conference is set for 5/16/2006 09:30 AM before Magistrate Judge Hector C Estrada.Signed by Judge Hector C Estrada on 3/27/2006. (REC, ) (Entered: 03/28/2006)
28 It Is ORDERED that the parties shall have until June 16, 2006 in whichto file a stipulation and order of dismissal with the Honorable Frank R. Zapata.Signed by Judge Hector C Estrada on 5/23/2006. (REC, ) (Entered: 05/26/2006)
29 Joint MOTION for Extension of Time to File Consent Decree by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Marshall, Michelle) (Entered: 06/15/2006)
30 It Is ORDERED granting 29 Motion for Extension of Time and that the parties shall have until 6/23/06 to file the Consent Decree in this matter.Signed by Judge Hector C Estrada on 6/15/2006. (REC, ) (Entered: 06/16/2006)
31 MOTION to Approve Consent Judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Consent Decree)(Marshall, Michelle) (Entered: 06/23/2006)
32 CONSENT DECREE JUDGMENT; Granting motion re: Consent Decree Judgment, The parties agree to entry of this Decree and judgment subject to final approval by the Court.. Signed by Judge Frank R Zapata on 6/27/06. (JKM, ) (Entered: 06/30/2006)

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