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Anna Y. Park, SBN 164242

2 Cherry Rojas, SBN 141482

ConnIe Liem TX SBN 791113

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E~AL EMPLOYMENT
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Attorneys for Defendant CANYON LAKE PROPERTY OWNER'S ASSOCIATION,

d/b/a COUNTRY CLUB RESTAURANT
15

16

UNITED STATES DISTRICT COURT

17

CENTRAL DISTRICT OF CALIFORNIA

18 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Case No. EDCV 03-01118 RT (SGLx)

19

Plaintiff,

20

v.

The Honorable Robert J. Timlin
rp~] CONSENT

21 CANYON LAKE PROPERTY OWNERS' ASSOCIATION d/f/a

DECREE; ORDER .

22 COUNTRY CLUB RESTAURANT;

DOES 1-6 Inclusive

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I. INTRODUCTION
2
Plaintiff U.S. Equal Employment Opportunity Commission (the' EEOC" or
3
"Commission") and Defendant Canyon Lake Property Owner's Association, d/b/a
4
5 Country Club Restaurant (hereafter "POA") hereby stipulate and agree to entry of

this Consent Decree to resolve the Commission's complaint, filed under Title VII
6
7 of the Civil Rights Act of 1964, as amended, 42U.S.C. § 2000e et seq. ("Title

8 VII"), alleging that Charging Party Dora Lemus (hereafter "Charging Party"), and

9 other similarly situated individuals were subjected to unlawful employment

10 practices on the basis of sex, female. The Commission's complaint further alleges

11 that Charging Party Dora Lemus was subjected to unlawful retaliation in violation

12 ofTitle VII.

13 14
15 A.

II. PURPOSES AND SCOPE OF THE CONSENT DECREE The parties to this Consent Decree ("Decree") are the EEOC and POA.

16 The scope of this Decree encompasses POA's facilities, which are located in

17 Canyon Lake, CA. This Decree shall be binding on and enforceable against

18 POA and its officers, directors, agents, successors and assigns.

19 B. The parties have entered into this Decree for the following purposes:

20

1. To provide appropriate monetary and injunctive relief;

21

2. To ensure that POA's employment practices comply with

22

federal law;

23

3. To ensure a work environment free from hostility and retaliation;

24

4. To ensure training for POA'S managers and employees with

25

respect to their obligations under Title VII; and

26

27

2

28

1 (PROPOSED CONSENT DECREE; ORDER

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5. To provide an appropriate and effective mechanism for handling

2

discrimination complaints in the workplace.

3

This Decree resolves all claims the EEOC has brought or could have

4 brought against POA arising out of this Complaint. This Decree does not

5 constitute an adjudication on the merits ofthe allegations of the Complaint and

6 does not constitute an admission of wrongdoing by anyone.

7
III.

8

RELEASE OF CLAIMS

9 A. This Decree fully and completely resolves all issues, claims and allegations

10 by the EEOC against POA that are raised in the Complaint filed in this action in

11 the United States District Court, Central District of California on September 29,

12 2003, captioned U.S. Equal Employment Opportunity Commission v. Canyon

13 Lake Property Owner's Association d/b/a Country Club Restaurant; Case No.

14 EDCV 03-01118 RT (SGLx) (the "Complaint").

15 B. Nothing in this Decree shall be construed to preclude any party from

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

17 perform the promises and representations contained herein.

18 C. Nothing in this Decree shall be construed to limit or reduce POA's obligation

19 to comply fully with Title VII or any other federal employment statute.

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

21 investigate or litigate other charges that may be in existence or may later arise

22 against POA in accordance with standard EEOC procedures.

23

IV.

24

JURISDICTION

25 A. The Court has jurisdiction over the parties and the subject matter of this

26 lawsuit. The Complaint asserts claims that, if proven, would authorize the Court to

27

3

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[PROPOSED1CONSENT DECREE; ORDER

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1 grant the equitable relief set forth in this Decree. The terms and provisions of this

2 Decree are fair, reasonable and just. This Decree conforms with the Federal Rules

3 of Civil Procedure and Title VII and is not in derogation of the rights or privileges

4 of any person.

5 B. The Court shall retain jurisdiction of this action during the duration ofthe

6 Decree for the purposes of entering all orders, judgments and decrees that may be

7 necessary to implement the relief provided herein.

8

~

9

EFFECTIVE DATE AND DURATION OF DECREE

10 A. The provisions and agreements contained herein are effective immediately

11 upon the date which this Decree is entered by the Court ("the Effective Date").

12 B. Except as otherwise provided herein, this Decree shall remain in effect for

13 three (3) years after the Effective Date.

14

VI.

15

MODIFICATION AND SEVERABILITY

16 A. This Decree constitutes the complete understanding of the parties with

17 respect to the matters contained herein. No waiver, modification or amendment

18 of any provision of this Decree will be effective unless made in writing and

19 signed by an authorized representative of each of the parties.

20 B. If one or more provisions of the Decree are rendered unlawful or

21 unenforceable, the parties shall make good faith efforts to agree upon appropriate

22 amendments to this Decree in order to effectuate the purposes of the Decree. In

23 any event, the remaining provisions will remain in full force and effect unless the

24 purposes of the Decree cannot, despite the parties' best efforts, be achieved. 25 C. By mutual agreement of the parties, this Decree may be amended or

26 modified in the interests ofjustice and fairness in order to effectuate the

27

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[PROPOSED J CONSENT DECREE; ORDER

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1 provisions of this Decree.

2

VII.

3

COMPLIANCE AND DISPUTE RESOLUTION

4 A. The parties expressly agree that if the Commission has reason to believe that

5 POA has failed to comply with any provision of this Consent Decree, the

6 Commission may bring an action before this Court to enforce the Decree. Prior to

7 initiating such action, the Commission will notify POA and its legal counsel of

8 record, in writing, of the nature of the dispute. This notice shall specify the

9 particular provision(s) that the Commission believes POA has breached. Absent a

10 showing that the delay will cause irreparable harm, POA shall have thirty (30) days

11 to attempt to resolve or cure the breach,

12 B. The parties agree to cooperate with each other and use their best efforts to

13 resolve any dispute referenced in the EEOC notice,

14 C, After thirty (30) days have passed with no resolution or agreement to extend

15 the time further, the Commission may petition this Court for resolution of the

16 dispute, seeking all available relief, including an extension of the term of the

17 Decree for such period of time as POA is shown to be in breach of the Decree,

18

VIII.

19

MONETARY RELIEF

20 A. In settlement of this lawsuit, POA shall pay a total of $285,000 to resolve

21 this action. Charging Party Dora Lemus shall receive $45,000 of which $3,000

22 shall be designated as backpay and the remaining $42,000 shall be designated as

23 compensatory damages, Estela Montalvo, shall receive $30,000 which shall be

24 designated as compensatory damages. The balance of$21O,000 shall be 25 designated as the "Class Fund," The designation of any new class member and

26 allocation of the Class Fund to class member(s) shall be made at the sole discretion

27

5

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[PROPOSEDJCONSENT DECREE; ORDER

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of the EEOC, but no class member shall receive more than the applicable statutory
--
2 cap.

3

POA shall forward, via certified mail, a check to the Charging Party and

4 Estela Montalvo within ten (10) days of the effective date of this Consent Decree.

5 FICA and federal and state withholding taxes shall be deducted from the amount

.6 that is designated as back pay for Lemus only. POA shaH pay the employer's

7 share of FUTA and FICA on the Lemus back pay amount and shall not deduct it

8 from the settlement amount. For those amounts designated as compensatory

9 damages, no withholding will be made. POA shall prepare and distribute 1099 tax

10 reporting forms to each Charging Party and identified class member, and shall

11 make appropriate reports to the Internal Revenue Service and other tax authorities.

12 Within three (3) business days of the issuance of each and every settlement check,

13 POA shall submit a copy of each check and related correspondence to the

14 Regional Attorney, Anna Y. Park, U.S. Equal Employment Opportunity

15 Commission, 255 East Temple Street, 4th Floor, Los Angeles, CA. 90012.

16

The EEOC must submit to POA a form W-9 and a satisfactory executed

17 Settlement Agreement covering all claims for sexual harassment and retaliation

18 through the Effective Date for each participating class member as a condition

19 precedent to any payment to that class member.

20 B. Class Fund

21

Within ten (10) business days from the effective date of this Decree, POA

22 shall allocate a gross sum of$210,000 ("Class Fund") to fund an account which

23 will be used to distribute monetary payments among all eligible class members (as 24 defined below), in accordance with the provisions of this Decree. The Class Fund

25 shall be used solely to make payments to individuals who timely submit claims and

26 whom the EEOC determines to be eligible to receive monetary relief in this lawsuit

27

6

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[PROPOSED] CONSENT DECREE; ORDER

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1 ("class members"). The EEOC will identify all class members within one year of

2 the Effective Date and will distribute all funds within two years of the Effective

3 Date.

4

Within fifteen (15) days from the effective date of this Decree, POA shall

5 provide the EEOC with written verification of the funding of this account. POA

6 shall be solely responsible for all costs and fees connected with the creation and

7 maintenance of this account deemed the Class Fund.

8

1. Notification of Settlement/Claims Process

9

Within fifteen (15) business days following the entry of this Decree, POA

10 shall forward to the Commission the names and last known addresses of all

11 employees ("Potential Class Member List") who were employed by POA anytime

12 during the time period July 1,2001 to the Effective Date ("Class Time Period"). If

13 POA determines that any of these employees' addresses are not current, POA shall

14 conduct data base research for these employees' current addresses at POA's own

15 cost and immediately notify the EEOC's San Diego Area Office, Attn: Jan

16 Magnuson, Paralegal, 401 B St., Suite 510, San Diego, CA. 92101, of such current

17 addresses.

18

Within thirty (30) business days following the entry of this Decree, POA

19 shall send each individual identified in the Potential Class Member List a letter,

20 attached as Exhibit "A," notifying himlher of the instant Title VII action, the

21 existence of the Class Fund, class member eligibility criteria, and EEOC contact

22 information should he/she be interested in participating as a class member. POA

23 shall concurrently send to the EEOC's San Diego Area Office, Attn: Jan

24 Magnuson, Paralegal, 401 B St., Suite 510, San Diego, CA. 92101, a copy of all

25 correspondence to the individuals identified in the Potential Class Member List.

26 Upon receiving a claim from a potential class member, the EEOC shall, at POA's

27

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[PROPOSED] CONSENT DECREE; ORDER

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expense, send a second letter to the potential class member describing the claim

2 process and enclosing a claim form, Upon receiving and considering all claims

3 from potential class members, the EEOC shall determine the eligibility of each

4 class member no later than one year after the Effective Date and will distribute all

5 funds within two years of the Effective Date. The EEOC shall forward to POA the

6 names, social security numbers, mailing addresses, and monetary allocation of the

7 eligible class members ("Final Distribution List"). EEOC has the sole discretion in

. 8 determining class member eligibility, and the allocation of monetary amount(s)

9 from the Class Fund to each class member. EEOC's determination of these issues

10 is final, and POA agrees that it will neither participate in, nor object to the EEOC's

11 determinations.

12

2. Payment to Eligible Class Members

13

The EEOC must submit to POA with the Final Distribution List fully

14 executed adequate Release and Confidentiality Agreements ("Agreements") and

15 W-9 Forms for class members as a condition precedent to any payment from the

16 Class Fund. Within ten (10) business days after the EEOC has forwarded the Final

17 Distribution List to POA, POA shall forward payment from the Class Fund to each

18 class member by certified mail, return receipt requested, as determined by the

19 EEOC, and will send the EEOC a copy of the check in accordance with Section

20 VIlLA. All amounts distributed from the Class Fund constitute "compensatory

21 damages," under the Civil Rights Act of 1991,42 U.S.C. §1981a. POA shall issue

22 a Form 1099 to each eligible claimant for all payments disbursed from the Class

23 Fund.

24

3. Surplus in Class Fund

25

In the event that any portion of the Class Fund, including accrued interest,

26 has not been distributed as required under this Decree, the surplus shall be

27

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[PROPOSED] CONSENT DECREE; ORDER

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distributed to the YMCA in Riverside, California, for its Youth Opportunity

2 Center.

3

IX.

4

GENERAL INJUNCTIVE RELIEF

5 A.
6 7

Non-Discrimination 1. Harassment Based on Sex POA, its officers, agents, management (including all supervisory

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

9 with them, or any of them, hereby agree not to: (a) harass or tolerate harassment

10 against persons on the basis of sex in the terms and conditions of employment; (b)

11 engage in or be a party to any action, policy or practice that is intended or is known

12 to them to have the effect of harassing or intimidating any employee on the basis of

13 sex; and (c) create, facilitate or permit the existence of a work environment that is

14 hostile to female employees.

15

2. Retaliation

16

POA, its officers, agents, management (including all supervisory

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

18 with them, or any of them, hereby agree not to engage in, implement or permit any

19 action, policy or practice with the purpose of retaliating against any current or

20 former employee or applicant of POA, or either of them, because he or she has in

21 the past, or during the term of this Decree: (a) opposed any practice made unlawful

22 under Title VII; (b) filed a charge of discrimination alleging such practice; (c)

23 testified or participated in any manner in any investigation (including without 24 limitation, any internal investigation undertaken by POA), proceeding in

25 connection with this case andlor relating to any claim of a Title VII violation; (d)

26 was identified as a possible witness or claimant in this action; (e) asserted any

27

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[PROPOSED] CONSENT DECREE; ORDER

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1 rights under this Decree; or (1) sought or received any relief in accordance with this

2 Decree.

3 B. Posting

.

4

Within ten (10) business days after the Effective Date and throughout the

5 term of this Decree, POA shall post notice in the form attached as Exhibit "B", in

6 English and in Spanish, in a clearly visible location frequented by employees at

7 each of its facilities. The notice shall remain posted for two (2) years.

8 C. Equal Employment Opportunity Consultant

9

Within thirty (30) days after the Effective Date, POA shall retain an Equal

10 Employment Opportunity Consultant ("Consultant") with demonstrated experience

11 in the area of employment discrimination and sexual harassment issues, to monitor

12 POA's compliance with Title VII and the provisions of this Decree. The

13 Consultant shall be subject to the Commission's approval, which shall not be

14 unreasonably withheld. The Commission approves herein using the law firm

15 Gresham, Savage, Nolan & Tilden as the Consultant. IfPOA chooses not to use

16 Gresham, Savage, Nolan & Tilden at any point during the term of the Decree, POA

17 shall propose a different Consultant to the Commission. If the Commission does

18 not approve POA's proposed Consultant, the Commission shall provide POA with

19 a list of at least three suggested candidates acceptable to the Commission. POA

20 shall bear all costs associated with the selection and retention of the Consultant and

21 the performance ofhislherlits duties. The Consultant's responsibilities shall

22 include:

23

1. ensuring that POA's procedures to handle complaints of

24 discrimination, harassment and retaliation comply with its obligations, under this

25 Decree;

26

2. ensuring that POA's anti- harassment policy and reporting procedure

27

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effectively carry out its obligations under this Decree;

2

3. ensuring that managerial and stafflhourly employees are trained on

3 their rights and responsibilities under Title VII, including but not limited to the

4 responsibilities to provide a workplace free of discrimination;

5

4. ensuring that all employees are trained on policies and procedures

6 relating to sexual discriminationlharassment and retaliation;

7

5. monitoring POA's investigation of all complaints of sexual

8 discrimination! harassment and retaliation to ensure compliance with Title VII;

9

6. ensuring that POA properly communicates with complainants

10 regarding the complaint procedure, status of the complaint investigation, results of

11 the investigation, and any remedial action taken;

12

7. ensuring that POA's reports required by this Decree are accurately

13 compiled and timely submitted;

14

8. ensuring that POA's disciplinary policies hold employees and

15 managers accountable for failing to take appropriate action or for engaging in

16 conduct prohibited under this Decree;

17

9. ensuring that POA creates a centralized system of tracking

18 discrimination, harassment, and retaliation complaints;

19

10. further ensuring compliance with the terms of this Decree; and

20

11. and preparing a brief annual report on POA's progress and its

21 compliance under this Decree.

22

The Consultant shall ensure compliance for the foregoing provisions for the

23 term of the Decree.

24 D. Policies Concerning Discrimination and Harassment

25

POA shall, within ten (10) business days after the Effective Date, provide a

26 copy to the Commission of a policy on discrimination and sexual harassment that

27

11

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1 [PROPOSED CONSENT DECREE; ORDER

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1 shall include:

2

1. A clear explanation of prohibited conduct;

3

2. Assurance that employees who make complaints of harassment/

4 discrimination or provide information related to such complaints will be protected

5 against retaliation;

6

3. A clearly described complaint process that provides accessible and

7 confidential avenues of complaint with contact information including name (if

8 applicable), address, and telephone number of persons both internal (Le., human

9 resources) and external to POA (Le., Commission and Consultant available to

10 handle complaints concerning high level company officials of POA's corporate

11 hierarchy) to whom employees may report discrimination and retaliation, including

12 a written statement that the employee may report the discriminatory behavior to

13 designated persons o':!tside their chain of management;

14

4. Assurance that the employer will protect the confidentiality of

15 harassment/discrimination complaints to the extent possible;

16

5. A complaint process that provides a prompt, thorough, and impartial

17 investigation;

18

6. A procedure for communicating with the complainant in writing

19 regarding the status of the complaint/investigation, results of the investigation,

20 and any remedial action taken; and

21

7. Assurance that POA will take immediate and appropriate corrective

22 action when it determines that harassment/discrimination and/or retaliation has

23 occurred.

24

EEOC shall comment on the policy within forty-five (45) days of receipt.

25 Should the policy not require any revision, POA shall confirm distribution of the

26 policy no later than ten (10) business days after the forty-five (45) day period. The

27

12

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1 [PROPOSED CONSENT DECREE; ORDER

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1 policy shall be distributed to all employees in either English or Spanish, depending

2 on the language preference of each employee, including management/supervisory

3 staff, and shall be included in any relevant policy or employee manuals distributed

4 to employees by POA. POA shall maintain acknowledgments from each employee

5 who receives the revised poiicy, in either English or Spanish depending on the

6 language preference of each employee. Throughout the term of this Decree, POA

7 shall also post the revised policy, in English and Spanish, in a place that is clearly

8 visible to all employees at each of its facilities covered by this Decree in a legible

9 font.

10 E. Training

11

Within sixty (60) days after the Effective Date or thirty (30) days after hiring

12 the Consultant, whichever is later, all ofPOA's managerial/supervisory, human

13 resources, and staff/hourly employees shall be required to attend an intensive

14 training program of at least three (3) hours for managerial employees and one and

15 a half (1 112) hours for stafflhourly employees. The training shall be mandatory

16 and occur once every year for the term of this Decree. POA shall have one year

17 after the Effective Date, however, to provide training for any managerial

18 employees who already have received at least two hours of sexual harassment

19 training since October 1,2004. One training each year for stafflhourly employees

20 shall be conducted in Spanish, and one training each year for stafflhourly

21 employees shall be conducted in English. Each stafflhourly employee shall be

22 required to attend one training session each year, in a language that each employee

23 best understands. Any manager, supervisor, or employee who failed to attend

24 scheduled training shall be trained within (30) days of the live training set forth

25 above.

26

1.

27

28

All employees' training shall include coverage of the subjects of
13 [PROPOSED] CONSENT DECREE; ORDER

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equal employment opportunity rights and responsibilities, discrimination,

2 harassment, retaliation, and POA's revised policies and procedures for reporting

3 and handling complaints of discrimination, harassment and retaliation.

4

2. The training of managerial employees shall additionally include

5 training on how to properly handle and investigate complaints of discrimination

6 andlor harassment in a neutral manner, how to take preventive and corrective

7 measures against discrimination andlor retaliation, and how to recognize and

8 prevent discrimination andlor retaliation.

9

3. For the remainder of the term of this Decree, all new employees and

10 all employees recently promoted from a stafflhourly to a managerial position shall

11 receive the managerial or stafflhourly employee training, as appropriate, within

12 thirty (30) days ofhire or promotion.

13

4. After the initial training as specified above, all employees shall

14 receive the training at least annually thereafter for the remainder of the term of

15 this Decree.

16

5. All employees required to attend such training shall verifY their

17 annual attendance in writing.

18

6. Within forty-five (45) days after the Effective Date or fifteen (15) days

19 after hiring the Consultant, whichever is later, POA shall submit to the EEOC a

20 description of the training to be provided and an outline of the curriculum

21 developed for the trainees. POA shall give the EEOC a minimum of ten (10)

22 business days' advance written notice of the date, time and location of each training

23 program provided pursuant to this Decree, and agrees that an EEOC representative

24 may attend any such training program.

25

7. Human Resources training shall be specific to their obligations,

26 including the handling and investigating of complaints of discrimination and

27

14

28

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retaliation. This training shall be above and beyond the supervisor/manager

2 training as set forth above.

3 F. Performance Evaluations

4

For the upcoming review cycle, POA shall revise its performance

5 evaluation forms for mangers and supervisors in order to include as measures for

6 performance compliance with POA's Anti-Discrimination and Retaliation Policies

7 and Procedures,

8

At least thirty (30) days prior to implementing the performance evaluation

9 forms described above, POA will provide the EEOC and the Consultant with the

10 proposed revisions in order to provide an opportunity for comment regarding the

11 revisions, EEOC will provide comments, if any, within 30 days of receipt of the

12 proposed revisions. POA shall respond to such comments within fifteen (15) days

13 of receipt. If the parties cannot agree on the proposed revisions, any disputes will

14 be resolved according to the Dispute Resolution Procedures set forth herein.

15 G. Complaint Procedure

16

Within sixty (60) days ofthe Effective Date, POA shal1 ensure that it has

17 publicized an internal complaint procedure to provide for the filing, investigation

18 and, if appropriate, remedying of complaints of discrimination or retaliation. POA

19 shall establish an a toll-free number that shall be disseminated to all POA

20 employees informing them that a complaint can be logged at any time. The (800)

21 number shall be processed by the Consultant who will in tum monitor POA's

22 investigation, if necessary. All calls shall be tracked by the Consultant during the

23 term of the Decree. POA shall also publicizeJhe EEOC complaint line number of

24 (800) 669-4000,

25

POA shall:

26

1. publicize the complaint procedure;

27
28 1I---------------lPI~~~~~nDfIE~c~rulliE~;Swik~--------------\

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1

2, track and collect all complaints filed thereunder;

2

3. investigate and resolve such complaints in a timely and effective

3 manner; and

4

4. retain records regarding resolution of all such complaints.

5

The Consultant shall track all complaints filed thereunder and retain

6 records regarding resolution of all such complaints. The Consultant shall also

7 ensure that POA publicizes the complaint procedure and monitor POA's

8 investigation and resolution of such complaints.

9 H.
10 II

The internal complaint procedure shall incorporate the following elements: 1. A policy describing how investigations will be conducted; 2. A prompt commencement and thorough investigation by a POA

12 employee trained to conduct such investigations who is not connected with the

13 complaint;

14

3. A statement that an investigation should include interviews of all

15 relevant witnesses, including the complainant, and reviews of all relevant

16 documents;

17

4. A written record of all investigatory steps, and any findings and

18 conclusions, and any actions taken;

19

5. Provision for the reasonably prompt resolution of such complaints;

20

6. An opportunity for a the complainant to review and respond to

21 tentative findings, except in those circumstances in which it is necessary to take

22 immediate action;

23

7. Confidentiality of the complaint and investigation to the extent

24 possible;

25

8. Appropriate communication of the final conclusions of the

26 investigation provided to the complainant;

27

16

28

1 [PROPOSED CONSENT DECREE; ORDER

LA16S1364U

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9. An appeal procedure to an appropriate POA representative, should

2 the complainant be dissatisfied with the results of the investigation; and

3

10. A notice that employees or applicants complaining of discrimination

4 may use the company's internal complaint procedure and contact information for

5 the EEOC or state or local Fair Employment Practice (FEP) agencies. The notice

6 shall also state that filing an internal complaint does not relieve the complainant of

7 meeting any applicable deadline for the filing of a charge or complaint with EEOC

8 or state or local FEP agencies.

9 1. POA may encourage resolution ofiilternal complaints at a local level prior

10 to investigation, but not require such informal resolution. A complainant shall not

11 be required to first report the complaint to a person who is accused of the

12 inappropriate conduct to invoke the Internal Complaint Procedure.

13 J. The Internal Complaint Procedure will permit, but not require, an employee

14 to initiate the complaint process by submitting a written complaint on a form

15 designed for the purpose.

16 K. POA will maintain a policy of nondiscrimination and equal treatment,

17 including a policy of zero tolerance for unlawful discrimination, in all of its

18 employment practices.

19 L. The Internal Complaint Procedure is not intended to supplant the right of

20 any employee to file a charge or complaint of discrimination or retaliation under

21 any available municipal, state, or federal law.

22 M. POA shall publish with the Internal Complaint Procedure the

23 following elements that will be included in the procedure:

24

1. A statement that it is unacceptable to retaliate against any associate for

25 use of the Internal Complaint Procedure, for assisting in the investigation of a

26 complaint, or for otherwise assisting in the utilization of the procedure.

27

17

28

---------------~~--~~~~~--~-------------------I
[PROPOSED] CONSENT DECREE; ORDER

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2. A statement that if an allegation of discrimination or retaliation against

2 a manager or other associate is substantiated, then such conduct will result in

3 appropriate discipline, up to and including discharge.

4

X

5

RECORD KEEPING AND REPORTING

6 A. Record Keeping

7

POA shall establish a record-keeping procedure that provides for the

8 centralized tracking of discrimination complaints and the monitoring of such

9 complaints to prevent retaliation. The records to be maintained shall include:

10

1 All documents generated in connection with any complaint,

II investigation into, or resolution of every complaint of discrimination or

12 retaliation for the duration of the Decree and the identities of the parties

13 involved;

14

2. All forms acknowledging employees' receipt of POA's revised

15 discrimination and anti-retaliation policy;

16

3. All documents verifYing the occurrence of all training sessions and

17 names and positions of all attendees for each session as required under this

18 Decree; and

19

4. Documents tracking and analyzing complaints filed against the same

20 employee and location.

21

The foregoing documents shall be summarized in the semi-annual reports

22 set forth below.

23 B. Reporting

24

In addition to the notices to the EEOC specified above, POA shall provide,

25 without assertion of the attorney-client privilege or attorney work product, the

26 following reports to the EEOC in writing, by mail or facsimile:

27

18

28

1 [PROPOSED CONSENT DECREE; ORDER

LA! 6513641.1

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1. Within ninety (90) days after the Effective Date, POA shall submit to

2 the EEOC an initial report which contains:

3

(a) A copy of the revised discrimination and anti-retaliation

4

policy;

5

(b) A summary of the procedures and record-keeping methods

6

developed with the Consultant for centralized tracking of

7

discrimination complaints and the monitoring of such complaints;

8

(c) A statement confirming that the required notices pertaining to this

9

Decree and the revised discrimination and anti-retaliation policies

10

have been posted; and

11

(d) Copies of all employee acknowledgment forms indicating receipt

12

of the revised discrimination and anti-retaliation policy.

13

2, POA shall also provide the following reports semiannually

14 throughout the term of this Decree:

15

(a) The attendance lists of all attendees for all training sessions

16

required under this Decree that took place during the previous six

17

months;

18

(b) Acknowledgments of receipt of the revised discrimination and

19

harassment policy for all employees hired during the previous six

20

months;

21

(c) A description of all discrimination and/or retaliation complaints

22

made since the submission of the immediately preceding report

23

hereunder. This description shall include the names of the

24

individuals alleging harassment or retaliation, the nature of the

25

harassment or retaliation, the names of the alleged perpetrators of

26

harassment or retaliation, the dates of the alleged harassment or

27

19

28

[PROPOSED1CONSENT DECREE; ORDER

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1

retaliation, a brief summary of how each complaint was resolved, and

2

the identity of the POA employee(s) who investigated or resolved

3

each complaint. Ifno results have been reached as of the time of the

4

report, the result shall be included in the next report;

5

(d) An analysis of the monitoring done for repeat complaints by

6

employees and investigation of complaints; and

7

(e) POA shall provide a report to the EEOC detailing any changes of

8

the procedures or record-keeping methods for centralized tracking of

9

discrimination complaints and the monitoring of such complaints

10

within thirty (30) days before implementing such changes.

11
XI.
12
COSTS OF ADMINISTRATION AND IMPLEMENTATION
13
OF CONSENT DECREE
14
POA shall bear all costs associated with its administration and

15 implementation of its obligations under this Consent Decree.

16

XII.

17

COSTS AND ATTORNEYS' FEES

18

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

19

20

XIII.

21

MISCELLANEOUS PROVISIONS

22 A. During the term of this Consent Decree, POA shall provide any potential

23 successor-in-interest with a copy of this Consent Decree within a reasonable time

24 of not less than thirty (30) days prior to the execution of any agreement for

25 acquisition or assumption of control of any or all of POA's facilities, or any other

26 material change in corporate structure, and shall simultaneously inform the EEOC

27

20

28

[PROPOSED1CONSENT DECREE; ORDER

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1 of same.

2 B. During the term of this Consent Decree, POA and its successors shall

3 assure that each of its officers, managers and supervisors is aware of any term( s)

4 of this Decree which may be related to hislher job duties.

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

6 under this Decree shall be delivered to the attention of the Regional Attorney,

7 Anna Y. Park, U.S. Equal Employment Opportunity Commission, Los Angeles

8 District Office, 255 E. Temple St., 4tll Fl., Los Angeles, CA. 90012.

9 D. The parties agree to entry of this Decree and judgment subject to final

10 approval by the Court.
11

12

13

14

Dated: 4/06/05

15

16

17

18

Dated:

19

EQUAL EMPLOYMENT OP'PORTUNITY COMMI~
B~~ y:-~. ark
Cherry Rojas ConmeLiem Attorneys for Plaintiff CANYON LAKE POA
By: Ron Phipps

20

21

22

23

24

25

26

27

21

28

[PROPOSED] CONSENT DECREE; ORDER

LAI6513641.1

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1 ofsama. 2 B. During the ~ of this Consent Decree, POA and its successors shall 3 assure that each ofits officem, managers and 8UpemSOl'S is aware ofany term(s)
4 ofthis Decree whiclt may be related to hislher job duties.
5 C. Unless othetwise stated, all notices, reports and correspondence required
6 under this Decree ~ be delivered to the attention ofthe Regional Attorney,
7 A.tma Y. Park, U.S. Equal Employment Opportunity Commission, Los Angeles 8 District Office, 255 B. Temple St., 41rr Fl., Los Angeles, CA. 90012. 9 D. The parties ~ to entry ofthis Decree and judgment subject to :final 10 approval by the Court
11

12

13

14

Dated:

15

16

17

18

Dated:

19 20

BOUALEMPLOYMENT OPPORTUNITY COMMISSION By:
~ T--~y~.p~mX~----------
CbenyRojas ConmeLiem. Attorneys for Plaintiff CANYON LAKE POA
By: ~_~ .ROn Phipps

21
22

23
24

25

'.

26

27 28

II~----~~---[PR=OP-OS-ED~] C=ON-S2~W1 f=DB-cR~EE~; O-kD-BIt----------~

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[P-RGPOSBfJ ORDER)

2

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GOOD CAUSE APPEARING:

3

4

The Court hereby retains jurisdiction and the provisions of the

5 foregoing Consent Decree are hereby approved and compliance with all provisions
6
thereof is HEREBY ORDERED.
7

8

9

10

Dated: '{//I/tJ~

11

12

13

14

15

16

17

18

19

20

21

22

23

24
25 26

27

22

28

[PROPOSED] CONSENT DECREE; ORDER

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EXHIBIT A

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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Los Angeles District Office

255 E. Temple Street. 4" Floor

Los Angeles. CA 90012 (213) 894-1000
TTY (213) 894-1121 FAX (213) 894-1301

CLAIMS NOTIFICATION

IF YOU WERE EMPLOYED BY CANYON LAKE PROPERTY OWNER'S ASSOCIATION AND YOU WERE SEXUALLY HARASSED OR RETALIATED AGAINST,
YOU MAY BE ENTITLED TO MONEY
The U.S. Equal Employment Opportunity Commission ("EEOC") filed a lawsuit in the United States District Court for the Central District of California against Canyon Lake Property Owners Association, Case Number EDCV 03-01118 RT (SGLx). The lawsuit was brought by the EEOC on behalf of employees and a class of similarly situated employees alleging that POA subjected them to sexual harassment and retaliated against one of them for opposing the harassment.
Canyon Lake Property Owners Association ("POA") settled the federal lawsuit by entering into a three (3) year Consent Decree with the EEOC and agreed to create a class fund to provide monetary relief for any additional claimants who may have been sexually harassed during their employment with POA for the time period of July 1,2001 through
April 11,.2005.
You have been identified as a current or former employcc of POA. If you feel you were subjected to sexual harassment by a co-worker, manager, or customer, you may be entitled to money. You may request a Claim Form or obtain further information about the settlement by calling or writing to us at:
EEOC Canyon Lake Settlement c/o Janice Magnuson 401 B Street, Suite 510 San Diego, CA 92101 (800) 669-4000 (619) 557-7241

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You cannot be subjected to retaliation for participating as a potential claimant. If you believe you have been subjected to retaliation for participating in this action as a potential claimant, please contact us immediately. It is unlawful under Title VII of the Civil Rights Act of 1964 ("Title VII") for an employer to discriminate against employees on the basis of sex, female, and for subjecting an employee to retaliation because that employee complained about unlawful discrimination or participating in an action brought by the EEOC.
In addition to monctary relicf, POA has agreed to make changes to prevcnt discrimination, harassment, and retaliation in the workplace. As required under the Consent Decree, POA must: post this notice of Settlement and Consent Decree in its place of business; revise its harassment and anti-retaliation policy; disseminate the policy in Spanish and English, hire a consultant to specifically establish a policy to properly investigate and confidentially handle any complaints of harassment and retaliation against co workers, managers, supervisors, and high level company official(s); establish a centralized tracking system for discrimination complaints; provide extensive annual EEO training for managers, supervisors, employees, and human resource employees; and report the progress of the foregoing for a term of three years to the EEOC.
EEOC enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex or national origin; the Age Discrimination in Employment Act; the Equal Pay Act; Title I of the Americans with Disabilities Act, which prohibits employment discrimination against people with disabilities in the private sector and state and local governments; prohibitions against discrimination affecting individuals with disabilities in the federal government; and sections of the Civil Rights Act of 1991. Further information about the Commission is available on its Web site at www.eeoc.gov or contact us at (800) 669·4000.
YOU MUST SUBMIT YOUR REQUEST NO LATER THAN DECEMBER 31,2006.

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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Diego Area Office

401 B Street, Suite 510 San Diego, CA 92101
(619) 557-7235 lTY (619) 557·7232 FAX (619) 557-7274

NOTIFICACION DE DEMANDA

SI USTED FUE EMPLEADO POR CANYON LAKE PROPERTY OWNER'S ASSOCIATION Y USTED FUE ACOSADO SEXUALMENTE 0 FUE SUJETO A REPRESALIAS ES POSIBLE OUE USTED TENGA DERECHO A DINERO
La Comisi6n de IguaJdad de Oportunidad en el Empleo ("EEOC") entablo una demanda legal en el tribunal de distrito de Estados Unidos por el Distrito Central de California en contra de Canyon Lake Property Owner's Association ("POA"), Niirnero de Caso, EDCV 03-01118 DCHA (SGLx), La demanda fue entablada por el EEOC a favor de una empleada del sexo femenino y una clase de empleadas en situaci6n similar, alegando que POA las sujet6 a acoso sexual y tomo represalia en contra de una de elIas por oponerse al acoso.
Canyon Lake Property Owner's Association ("POA") resolvi6la demanda federal entrando en un Decreto de Consentimiento con el EEOC que durara tres (3) aiios, y acord6 en crear un fondo para proporcionar reparaci6n de daftos para alglin demandante adicional que halla sido acosado sexualmente durante su empleo con POA por el periodo de tiempo de ell de julio de 2001 a II de abril de 2005.
Usted ha sido identificada como una empleada actual 0 previa de POA. Si usted cree que fue sujeta a acoso sexual por un colega, por el director, 0 por alglin cliente, usted podria tener derecho a compensaci6n. Usted puede solicitar una Forma de Reclamo u obtener informaci6n adicional acerca del arreglo lIamando 0 escribiendonos a nosotros al:
Convenio de EEOC Canyon Lake Property Owner's Association C/O Janice Magnuson 401 B Street, Suite 510 San Diego, CA 92101 (800) 669-4000 (619) 557-7241
Usted no puede ser sujeta a represalias por participar como demandante potencial. Si usted cree que usted ha sido sujeta a represalias por tomar parte en esta acci6n como demandante potencial, por favor contactenos inmediatamente. Es iJegal bajo el Titulo VII del Acto Civil de Derechos de 1964 (Hel Titulo VII") que un empleador discrimine contra empleados por su sexo, 0 de tomar represalia contra empleados(as) por interponer quejas de discriminaci6n i1egal 0 por haber tomado parte en una acci6n iniciada por el EEOC. Ademas de reparaci6n monetaria, POA ha acordado en hacer cambios para prevenir la discriminaci6n, e) acoso, y represalias en ellugar de trabajo. Cuando requerido bajo el Edicto de Consentimiento, POA debe: difundir esta noticia del

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Arreglo y el Decreto de Consentimiento en su oficina; revisar sus reglas contra el acoso y la politica contra la represalia; difundir la politica en espaiiol y en ingles, emplear a un consultor para establecer un proeeso efeetivo para investigar para manejar confidencialmente y apropiadamente cualquier queja del acoso y/o represalia por trabajadores, contra los directores, contra los supervisores, 0 contra funcionario(s) de alto plano de la compaiifa; establecer un sistema centralizado para presentar reclamaciones 0 agravios y tomar accion inmediata y apropiada cuando un empleado presente una reclamacion; proporcionar instruccion anual extensa de EEOC para directores, para los supervisores, para los empleados, y para empleados de recursos humanos; e informar de el progreso al terminG de tres afios al EEOC.
EEOC administra el Titulo VII del Acto Civil de Derechos de 1964, cual prohibe la discriminacion en el empleo basada en raza, color, religion, sexo, u origen nacional; la Ley contra la Discriminacion en el Empleo por Motivo de Edad eual protege a individuos de 40 alios 0 mas contra la discriminacion en el empleo por motivo de edad; La Ley de 19ualdad de Salarios (EPA) que protege a hombres y mujeres que desempenen substancialmente el mismo trabajo en el mismo establecimiento contra la discriminacion en salarios por motivo de sexo; y La Ley para Personas con Impedimentos de 1990 eual prohibe la discriminacion en el empleo contra personas calificadas que tengan un impedimento fisieo 0 mental en el sector privado y el estado y administraciones munieipales; las prohibiciones contra individuos afeetados por discriminacion con incapacidades en el gobierno federal; y Las secciones del Acto Civil de Derechos de 1991. La informacion adicional acerca de la Comision esta disponible en su sitio web en www.eeoc.gov 0 nos contacta al numero de telefono (800) 669-4000.
USTED DEBE SOMETER SU PEDIDO ANTES DE el 31 de diciembre del 2006. SI USTED TRABAJO CON
CANYON LAKE PROPERTY OWNER'S ASSOCIATION
QUIZAs TIENE DERECHO A
RECIBIR COMPENSACION MONET ARIA

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EXHIBIT B

Case 5:03-cv-01118-RT-SGL Document 33 Filed 04/11/2005 Page 30 of 33

u.s. EQIEMPLOYMENT OPPORTUNITY LSSION

Los Angeles District Office

255 E. Temple Stree~ 4· Floor . Los Angeles, CA 90012

(213) 894- 1000 TTY (213) 894-1121 FAX (213) 894-1118

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NOTICE OF CONSENT DECREE AND SETTLEMENT

TO: ALL EMPLOYEES OF CANYON LAKE PROPERTY OWNERS ASSOCIATION

The U.S. Equal Employment Opportunity Commission ("EEOC") filed a lawsuit

in the United States District Court for the Central District of California against Canyon

Lake Property OJvners Association, Case Number EDCV 03-01118 RT (SGLx). The

lawsuit was brought by the EEOC on behalf of female employees and a class of similarly

situated employees, alleging that POA subjected them to sexual harassment and

retaliated against one of them for opposing the harassment.

.

Canyon Lake Property Owners Association ("POA") settled the federal lawsuit by entering into a three (3) year Consent Decree with the EEOC.

Among the terms of the Consent Decree, POA must: post this notice of Settlement and Consent Decree in its place of business; revise its harassment and anti-retaliation policy; disseminate the policy in Spanish and English, hire a consultant to specifically establish a policy to properly investigate and confidentially handle any complaints of harassment and retaliation against co workers, managers, supervisors, customers, and high level company official(s); establish a centralized tracking system for discrimination complaints; provide extensive annual EEO training for managers, supervisors, employees, and human resource employees; hold managers and supervisors accountable for meeting their obligations under Title VII, and report the progress of the foregoing for a term of three years to the EEOC.

POA is providing notice to all of its employees that discrimination, harassment, or retaliation of any kind will not be tolerated.

Should you believe that you have been discriminated against, harassed, or retaliated against because of your sex, race, color, national origin, religion, age or disability by POA, you may follow POA's intemal procedures or seek assistance by filing a charge of discrimination with the EEOC at:

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 255 East Temple Street 4th Floor Los Angeles, CA 90505 or

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401 B Street Suite 510 San Diego, CA 92101
(800) 669·4000
.
EEOC enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex or national origin; the Age Discrimination in Employment Act; the Equal Pay Act; Title I of the Americans with Disabilities Act, which prohibits employment discrimination against people with disabilities in the private sector and state and local governments; prohibitions against diserimination affecting individuals with disabilities in the federal government; and sections of the Civil Rights Act of 1991. Further information about the Commission is available on its Web site at www.eeoc.gov or contact us at (800) 669·4000.

You may obtain a copy of the settlement document ("Consent Decree") at your expense. To obtain a copy, you must contact the Office ofthc U.S. District Court Clerk.

THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE

This Notice must remain posted for 2 years, 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: EEOC Regional Attorney, 255 East TempleStreet, 4th

Floor, Los Angeles, CA 90012.

.

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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Diego Area Office

401 B Street, Suite 510
San Di'gu, CA 92101 (619) 557· 7235
TIY (619) 557·7232 FAX (619) 557·7274

NOTA DE CONSENTIMIENTO Y DECRETO DE ACUERDO
A: TODOS LAS EMPLEADAS DE CANYON LAKE PROPERTY OWNERS ASSOCIATION
La Comisi6n de igualdad de Oportunidad en el Empleo ("EEOC") archiv6 una demanda en el Tribunal de Distrito de Estados Unidos en el Distrito Central de California contra CANYON LAKE PROPERTY OWNERS ASSOCIATION. Numero de Caso EDCV 03-01118 DCHA (SGLx). La Demanda fue entablada por EEOC a favor de una empleada del sexo femenino y una clase de empleadas en situaci6n similar, alegando que POA las sujet6 a acoso sexual y tome acciones de represalia en contra de una de ellas par oponerse a dicho acoso.
CANYON LAKE PROPERTY OWNERS ASSOCIATION. ("POA") reso]vi6 la demanda federal entrando en un Decreto de Consentimiento con EEOC el cual durara tres (3) allos.
Los terminos del Decreto de Consentimiento indican que POA debe: exponer esta nota del Arreglo yel Decreto de Consentimiento en su oficina; revisar su politica contra el acoso sexual y contra represalia; difundir la pOlitica en espanol yen ingles, emplea a un consultor para establecer especificamente una politica para investigar, para manejar en forma confidencial y apropiada cualquier queja del acoso y represalia por los trabajadores, los direetores, los supervisores, los clientes, y contra funcionario (funcionarias) de alto plano de la compania; establecer un sistema centralizado para quejas de discriminacion; proporcionar instrucci6n anual extensa de EEO para directores, supervisores, empleados, y empleados de recursos humanos; directores y supervisores responsables para definir sus obJigaciones bajo el Titulo Vll, e informar sobre el progreso dentro de un termino de tres afios al EEOC. POA les notificara a sus empleados que la discriminaci6n, el acoso, 0 represalia de cualquier tipo no sera tolerada.
Si usted cree que usted ha sido discriminado, acosado, 0 se ha tornado represalia en su contra por razon de su sexo, raza, color, origen nacional, religi6n, su edad 0 incapacidad por parte de POA, usted puede seguir los procedimientos internos de POA 0 buscar ayuda archivando una queja de discriminacion con el EEOC en:
U.S, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 255 East Temple Street 4th Floor Los Angeles, CA 90505 or 401 B Street Suite 510 San Diego, CA 92101 (800) 669-4000

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EEOC administra el Titulo VII del Acto Civil de Derechos de 1964, cual prohlbe la discriminaci6n en el empleo basada en raza, color, religi6n, sexo, u origen nacional; la Ley contra la Discriminaci6n en el Empleo por Motivo de Edad la cual protege a individuos de 40 anos 0 mas contra la discriminaci6n en el empleo por motivo de edad; La Ley de Igualdad de Salarios (EPA) que protege a hombres y mujeres que desempenen substancialmente el mismo trabajo en el mismo establecimiento contra la discriminaci6n en salarios por motivo de sexo; y La Ley para Personas con Impedimentos de 1990 cual prohibe la discriminaci6n en el empleo contra personas calificadas que tengan un impedimento fisico 0 mental en el sector privado yel estado y administraciones municipales; las prohibiciones contra individuos afectados por discriminaci6n con incapacidades en el gobiemo federal; y Las secciones del Acto Civil de Derechos de 1991. La informaci6n adicional acerca de la Comisi6n estt'i disponible en su sitio web en www.eeoc.gov 0 nos contacta al numero de telefono (800) 669-4000.
Si 10 desea usted puede obtener una copia del acuerdo ("Decreto de Consentimiento") pagando la cantidad requerida. Para obtener una copia, usted debe contactar la Oficina de los EE.UU. EmpJeado de tribunal de distrito. '
E8TO E8 UNA NOTA OFICIAL Y NO DEBE 8ER REMOVIDA MUTILADO PORNADIE
Esta Nota debe permanecer a la vista durante un periodo de 2 an os, y no debe ser alterado, mutilada 0 cubierta por cualquier otro material. Cualquie pregunta aeerea de esta Nota 0 la conformidad con sus terminos puede ser dirigido a: EEOC Regional Attorney, 255 East Temple Street, 4th Floor, Los Angeles, CA 90012.

2

 
 tx 1 ANNAY. PARK SBN 164242 CONNIE LIEM SBN 791113

2 ELIZABETH ESPARZA-CERVANTES, SBN 205412

U.S. EQUAL EMPLOYMENT

3 OPPORIUNITY COMMISSION

255 East Temple Street, 4th Floor

i

4 Los Angeles CA 90012 Telephone: (213) 894-1032

:J .
;

5 Facsimile: (213) 894-1301

6 .7
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Attorneys for Plaintiff EQUAL EMPLOYMENT OP-PORTUNITY COMMISSION
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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10 EQUAL EMPLOYMENT OP-PORTUNITY COMMISSION,
11

12

Plaintiff,

13 v.

14
1 CANYON LAKE PROPERTY 15 OWNER'S ASSOCIATION d/b/a
COUNTRY CLUB 16 RESTAURANT; DOES 1-6
Inclusive,

CASE NO.: e;oCJJ 0'3 -( II g f.::r{~&LJt..)
COMPLAINT- CIVIL RIGHTS EMPLOYMENT DISCRIMINATION (42 U.S.C. §§ 2000e, et seq.) JURY TRIAL DEMAND

17
Defendant.

18

19

20

NATURE OF THE ACTION

21

This is an action under Title VII of the Civil Rights Act of 1964, as

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

23 employment practices on the basis of sex, female, and retaliation. Plaintiff United

24 States Equal Employment Opportunity Commission ("Commission") alleges that

25 Defendant Canyon Lake Property Owner's Association and Does 1-6

26 ("Defendant") subjected Charging Party Dora Lemus ("Lemus") and at least

27 another similarly situated individual to sex discrimination. The Commission

28

!~

'1
'\

,,''\

further alleges that Defendant retaliated against Lemus~in::-v~i~o~la~tiQon~o~~~::-"l
EN i ' ='---\ • ..."... 1"""" ~ ir-,~ ~-_ l ~ t""'% tH UiIJ ~ OCT -3 2003

1 704(a) of Title VII for complaining about the sex discrimination and/or engaging

2 in other protected activities.

3

JURISDICTION AND VENUE

4

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

5 1331,1337,1343 and 1345.

6

2. This action is authorized and instituted pursuant to Section 706(f)(1)

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

8 2000e-5(f)(1) and (3) ("Title VII") and Section 102 of Title I of the Civil Rights

9 Act of 1991,42 U.S.C. § 1981a.

10

3. The employment practices alleged to be unlawful were committed

11 within the jurisdiction of the United States District Court for the Central District

12 of California.

13

PARTIES

14

4. Plaintiff, Equal Employment Opportunity Commission, is the federal

15 agency charged with the administration, interpretation and enforcement of Title

16 VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of

17 Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3).

18

5. At all relevant times, Defendant was and is a California corporation

19 continuously doing business within the jurisdiction of the United States District

20 Court for the Central District of California. At all relevant times, Defendant has

21 continuously employed fifteen (15) or more persons.

22

6. At all relevant times, Defendant has continuously engaged in an

23 industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of

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

25

STATEMENT OF CLAIMS

26

7. More than thirty days prior to the institution of this lawsuit, Lemus

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

28 The Commission investigated and issued a Letter of Determination finding that

2

1 Lemus and at least another similarly situated individual were subjected to a hostile

2 work environment on the basis of sex, female. The Commission also found that

3 Lemus was subjected to a retaliatory discharge in violation of Title VII for

4 complaining about sex discrimination and/or engaging in other protected

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

6 fulfilled.

7

8. Since at least July 2002, Defendant has engaged in unlawful

8 employment practices at its Riverside County location, in violation of Section

9 703(a) of Title VII, 42 U.S.C. §2000e-2(a)(1) by subjecting Lemus and at least

10 another similarly situated individual to a hostile work environment on the basis of

11 their sex, female. The sexual harassment that Lemus and the other similarly

12 situated individual were subjected to, includes but is not limited to, unwelcome

13 derogatory comments and unwanted touching on the basis of sex, female.

14

9. Since at least September 2002, Defendant has engaged in unlawful

15 employment practices at its Riverside County location, in violation of Section

16 704(a) of Title VII, 42 U.S.C. §2000e-3(a) by discharging Lemus in retaliation for

17 having complained about, and otherwise opposed the sexual harassment.

18

10. The effect of the practice(s) complained of in paragraphs 8 and 9

19 above has been to deprive Lemus and at least another similarly situated individual

20 of equal employment opportunities and otherwise adversely affect their status as

21 employees, because of their sex, female and/or because of having engaged in

22 activity protected under Title VII.

23

11. The unlawful employment practices complained of in paragraphs 8

24 and 9 above were intentional.

25

12. The unlawful employment practices complained of in paragraphs 8

26 and 9 above were done with malice or with reckless indifference to the

27 federally protected rights of Lemus and at least another similarly situated

28 individual.

3

1

13. As a direct and proximate result of Defendant's aforesaid acts Lemus

2 and at least another similarly situated individual have each suffered emotional

3 pain, suffering, inconvenience, loss of enjoyment of life, humiliation and damages,

4 according to proof.

5

14. As a direct and proximate result of Defendant's aforesaid acts,

6 Lemus suffered a loss of earnings in an amount according to proof.

7

PRAYER FOR RELIEF

8

Wherefore, the Commission respectfully requests that this Court:

9

A. Grant a permanent injunction enjoining Defendant, their respective

10 officers, successors, assigns, agents, and all persons in active concert or

11 participation with them, from engaging in any employment practice which

12 discriminates on the basis of sex;

13

B. Grant a permanent injunction enjoining Defendant, their respective

14 officers, successors, assigns, agents, and all persons in active concert or

15 participation with them, from retaliating against any employee who engages in any

16 protected activity under Title VII;

171

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

18 programs which provide equal employment opportunities and a non-hostile work

19 environment for females, and which eradicate the effects of its past and present

20 unlawful employment practices;

21

D. Order Defendant to make whole Lemus by providing appropriate

22 backpay with prejudgment interest, and front pay in amounts to be determined at

23 trial, and/or other affirmative relief necessary to eradicate the effects of its

24 unlawful employment practices;

25

E. Order Defendant to make whole Lemus and at least one other

26 similarly situated individual by providing compensation for past and future non-

27 pecuniary losses resulting from the unlawful practices complained of in

28 paragraphs 8 and 9 above, including, but not limited to emotional pain, suffering,

4

1 inconvenience, loss of enjoyment of life, and humiliation, in amounts to be

2 determined at trial;

3

F. Order Defendants to pay Lemus and at least one other similarly

4 situated individual punitive damages for its malicious and reckless conduct

5 described in paragraphs 8 and 9 above, in amounts to be determined at trial;

6

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

7 the public interest; and

8

H. Award the Commission its costs of this action.

9

JURY TRIAL DEl'vIAND

10

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

11 complaint.

12 Dated: September 29, 2003

Respectfully Submitted,

13

ERIC S. DREIBAND,

General Counsel

14

JAMES LEE,

15

Deputy General Counsel

16

GWENDOLYN YOUNG REAMS,

Associate General Counsel

17

u.s. EQUAL EMPLOYMENT

18

O18P0P1O"RL"IUSNtreIeTtY, NC.WOM. MISSIO/N;7

19

WaShing~ 20507~~/-::::::_-_

20

BY:~~

21

--=----~-------

A1\TNA Y. PARK

22

Regional Attorney

23

CONNIELIEM

Senior Trial Attorney

24

25

ELIZABETH ESPARZA-

CERVANTES

26

Trial Attorney

27

u.s. EQUAL EMPLOYMENT

OPPORIUNITY COMMISSION

28

255 Los

AE.nTgeelmesp,leCAStre9e0tvA

4th 12

Floor

5

 
 CM/ECF - California Central District - Docket Report

https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?787613222427353-L_3...
(SGLx), CLOSED, MANADR

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Eastern Division - Riverside)
CIVIL DOCKET FOR CASE #: 5:03-cv-01118-RT-SGL

EEOC v. Canyon Lake Prop, et al Assigned to: Judge Robert J. Timlin Referred to: Magistrate Judge Stephen G. larson Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/29/2003 Date Terminated: 04/11/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Anna Y Park US Equal Employment Opportunity Commission Los Angeles District Office 255 E Temple St, 4th Floor Los Angeles, CA 90012 213-894-1000 Email: anna.park@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Connie Liem US Equal Employment Opportunity Commission 401 B St, Ste 510 San Diego, CA 92101 619-557-7241 Email: connie.liem@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Elizabeth Esparza-Cervantes US Equal Employment Opportunity Commission Los Angeles District Office 255 E Temple St, 4th Fl Los Angeles, CA 90012 213-894-1000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant

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Canyon Lake Property Owner's Association doing business as Country Club Restaurant
Defendant Does 1-6 Inclusive

represented by Anne E Jollay Seyfarth Shaw 2029 Century Park E, Ste 3300 Los Angeles, CA 90067-3063 310-277-7200 LEAD ATTORNEY ATTORNEY TO BE NOTICED
David D Kadue Seyfarth Shaw 2029 Century Park E, Ste 3300 Los Angeles, CA 90067-3063 310-277-7200 Fax: 310-201-5219 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hayley E Macon Seyfarth Shaw 2029 Century Park E, Ste 3300 Los Angeles, CA 90067-3063 310-277-7200 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/2003 09/29/2003 09/29/2003 09/29/2003 10/03/2003 10/06/2003

#

Docket Text

1 COMPLAINT filed 20-day Summons issued referred to Discovery Stephen G. Larson (ad) (Entered: 10/03/2003)
2 CERTIFICATION AS TO INTERESTED PARTIES filed by plaintiff (ad) (Entered: 10/03/2003)
3 MOTION by plaintiff EEOC for leave to permit appearance of government attorney ; Lodged Proposed Order (ad) (Entered: 10/03/2003)
4 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed (ad) (Entered: 10/03/2003)
5 AMENDED MOTION by plaintiff EEOC for leave to permit Connie K Liem to practice before this Court ; Lodged Order (ad) (Entered: 10/06/2003)
6 ORDER by Judge Robert J. Timlin on Amended Motion for leave to permit Connie K Liem to practice before this Court [5-1]: IT IS HEREBY ORDERED that Connie Liem be permitted to practice before the bar of this court in all matters relating to the US Equal Employment Opportunity Commission during her employment by the United States of America (ad) (Entered: 10/06/2003)

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10/06/2003 11/20/2003 12/03/2003 12/03/2003 12/03/2003 12/03/2003 01/13/2004 01/15/2004 01/29/2004 01/29/2004
05/10/2004
05/10/2004 05/10/2004
05/24/2004 05/24/2004

PLACED IN FILE - NOT USED Proposed Order Lodged 9/29/03 (ad) (Entered: 10/07/2003)
7 WAIVER OF SERVICE of SUMMONS by defendant Canyon Lake Property Owners Association sent by plf on 10/3/03 (ad) (Entered: 11/21/2003)
8 ANSWER filed by defendant Canyon Lake Prop to complaint [1-1] (ad) (Entered: 12/05/2003)
9 CERTIFICATE OF INTERESTED PARTIES filed by defendant (ad) (Entered: 12/05/2003)
10 NOTICE by defendant Canyon Lake Prop of Appearance by attorneys David D Kadue and Hayley E Macon on behalf of defendant (ad) (Entered: 12/05/2003)
11 AMENDED CERTIFICATE OF INTERESTED PARTIES filed by defendant (ad) (Entered: 12/05/2003)
12 MINUTES: ORDER SETTING SCHEDULING CONFERENCE-(FRCP 16(b)): This matter is set for a Scheduling Conference 5/10/2004 11:30 AM by Honorable Robert J. Timlin; Court Reporter: NONE (ad, ) (Entered: 01/16/2004)
13 NOTICE filed by plaintiff Equal Employment Opportunity Commission to Clerk (ad, ) (Entered: 01/21/2004)
14 JOINT REPORT Rule 26(f) Discovery Plan filed; estimated length of trial 5-10 days. (mrgo, ) (Entered: 01/30/2004)
15 ADR PILOT PROGRAM QUESTIONNAIRE filed by attorney David D Kadue, Connie Liem, Hayley E Macon on behalf of Defendant Canyon Lake Property Owner's Association, Plaintiff Equal Employment Opportunity Commission.(mrgo, ) (Entered: 01/30/2004)
16 ORDER/REFERRAL TO ADR PILOT PROGRAM by Judge Robert J. Timlin, case ordered to Attorney Settlement Officer Panel for a Local Rule 16-14 settlement conference. Within 10 days, plaintiff shall notify the ADR Program Coordinator of name of Attorney Settlement Officer who will conduct the settlement conference; The Court further sets a Further Scheduling conference on 3/4/05 at 1:30 PM.(ad, ) (Entered: 05/11/2004)
Set Hearings: Scheduling Conference set for 3/4/2005 01:30 PM before Honorable Robert J. Timlin. (ad, ) (Entered: 05/11/2004)
17 MINUTES: SCHEDULING CONFERENCE (TELEPHONIC): Court and counsel discuss the management of the case. Court ORDERS all proceeding suspended except discovery necessary for settlement. Said discovery shall be completed not later than 2/1/05; Court continues the Scheduling Conference to 3/4/2005 01:30 PM (TELEPHONIC) by Judge Robert J. Timlin; Court Reporter: Phyllis Preston (ad, ) (Entered: 05/11/2004)
18 NOTICE OF RANDOM SELECTION of Attorney Settlement Officer under the ADR Pilot Program filed. ADR Coordinator randomly selected Attorney Settlement Officer Walter Weiss to conduct settlement conference.(jp, ) (Entered: 05/26/2004)
19 STIPULATION REGARDING SELECTION of Attorney Settlement Officer Filed; Parties request that Program Coordinator randomly assign Attorney Settlement Officer from the following area of law: employment discrimination(ad, ) (Entered: 05/28/2004)

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11/16/2004 12/15/2004 12/15/2004 12/15/2004 12/15/2004 12/15/2004 12/15/2004 12/28/2004
01/19/2005
02/03/2005 02/25/2005

20 ATTORNEY SETTLEMENT OFFICER PROCEEDING REPORT filed; Settlement Proceedings held on 11/10/04; Settlement Proceedings Outcome: Unable to settle;(am, ) (Entered: 12/01/2004)
21 ORDER (1) AMENDING ORDER, DATED DECEMBER 19, 2000 AND (2) DIRECTING NO ORAL ARGUMENT ON MOTIONS IN CIVIL ACTIONS (See document for details), by Judge Robert J. Timlin. (de, ) (Entered: 12/16/2004)
22 NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by defendant Canyon Lake Property Owner's Association. Motion set for hearing on 1/24/2005 at 10:00 AM before Honorable Robert J. Timlin. Lodged proposed order; statement. (mrgo, ) (Entered: 12/17/2004)
FAX number for Attorney Anne E Jollay, David D Kadue is 310-201-5219. (mrgo, ) (Entered: 12/17/2004)
23 MEMORANDUM in Support of its MOTION for Partial Summary Judgment[22] filed by plaintiff Canyon Lake Property Owner's Association. (mrgo, ) (Entered: 12/17/2004)
24 APPENDIX OF EXHIBITS in support of defendant's MOTION for Partial Summary Judgment[22] filed by defendant Canyon Lake Property Owner's Association. (mrgo, ) (Entered: 12/17/2004)
25 PROOF OF SERVICE filed by defendant Canyon Lake Property Owner's Association re Memorandum in Support of Motion[23], Motion Related Document[24], MOTION for Partial Summary Judgment[22], was served on 12/13/04. (mrgo, ) (Entered: 12/17/2004)
26 JOINT STIPULATION FOR CONTINUANCE ON DATES Regarding Defendants Motion for Partial Summary Judgment and Discovery Cut-Off, AND ORDER. GOOD CAUSE APPEARING, IT IS HEREBY ORDERED THAT: The hearing date on Defendants Motion for Partial Summary Judgment is continued to 2/7/05; Plaintiffs Opposition to such motion will be filed and served via facsimile no later than 1/21/05; Defendants reply to such opposition will be filed and served via facsimile no later than 1/31/05; Discovery cut-off date is continued to 4/1/05; and The previously scheduled Court status conference for 3/4/05, is not affected, by Judge Robert J. Timlin. (de, ) (Entered: 12/29/2004)
27 JOINT STIPULATION FOR CONTINUANCE ON DATES REGARDING DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT [22] AND ORDER. GOOD CAUSE APPEARING, IT IS HEREBY ORDERED THAT: The hearing date on Defendants Motion for Partial Summary Judgment is continued to 2/22/05; Plaintiffs opposition to such motion will be due on 2/4/05; and Defendants reply to such opposition will be due 2/14/05, by Judge Robert J. Timlin. (de, ) (Entered: 01/20/2005)
28 STIPULATION AND ORDER by Judge Robert J. Timlin :for continuance on dates regarding defendant's MOTION for Partial Summary Judgment[22]. Responses due by 2/25/2005 Replies due by 3/7/2005. Motion re-set for hearing on 3/15/2005 at 10:00 AM before Honorable Robert J. Timlin.(mrgo, ) (Entered: 02/04/2005)
29 STIPULATION AND ORDER by Judge Robert J. Timlin: Motion for Partial Summary Judgment continued to hearing on 3/28/2005 at 10:00 AM before Honorable Robert J. Timlin. Plaintiff's Opposition to Motions due by 3/11/2005. Defendant's reply to such opposition will be due on March 21, 2005. IT IS SO

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03/03/2005 03/15/2005 04/04/2005
04/11/2005

ORDERED.(th) (Entered: 02/28/2005)
30 JOINT STIPULATION AND ORDER by Judge Robert J. Timlin: IT IS HEREBY ORDERED THAT: The current Scheduling Conference is hereby vacated. The Scheduling Conference is rescheduled to 5/16/2005 11:30 AM before Honorable Robert J. Timlin.(th) (Entered: 03/04/2005)
31 JOINT NOTICE AND STIPULATION OF SETTLEMENT AND ORDER by Judge Robert J. Timlin: Good cause having veen shown, IT IS ORDERED that all dates be vacated pending final settlement, that this Court retain jurisdiction over this matter, and that a Status Conference be scheduled for 4/15/2005 02:00 PM before Honorable Robert J. Timlin.(th) (Entered: 03/15/2005)
32 MINUTES OF PROCEEDINGS: ORDER REGARDING JOINT STATUS REPORT. ORDER by Judge Consuelo B. Marshall that the parties in the action to meet and confer within 10 days of date of this Order and to file a joint status report with 15 days thereafter consisting of not more than 2 pages. This report shall include: (1) Summary of the case (briefly describe the facts surrounding your case); (2) Status of the case (previous rulings, pending motions, what, if any, future action will be required); (3) Suggestion of procedures that would result in resolution of the case. **see document for further details**Court Reporter: none. (pbap, ) (Entered: 04/05/2005)
33 CONSENT DECREE by Judge Robert J. Timlin in favor of Equal Employment Opportunity Commission and against defendant Canyon Lake Property Owner's Association. Property Owner's Association (POA) shall pay a total of $285,000 to resolve this action. Charging party Dora Lemus shall receive $45,000 of which $3,000 shall be designated as backpay and the remaining $42,000 shall be designated as compensatory damages. Estela Montalvo shall receive $30,000 which shall be designated as compensatory damages. The balance of $210,000 shall be designated as the "Class Fund." Each party shall bear its own costs of suit and attorneys' fees. (See document for further specifics).(MD JS-6, Case Terminated)(mrgo, ) (Entered: 04/13/2005)

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 EEOC LITIGATION SETTLEMENT REPORT - April 2005

http://www.eeoc.gov/litigation/settlements/settlement04-05.html

The U.S. Equal Employment Opportunity Commission
EEOC Litigation Settlements April 2005
EEOC v. Canyon Lake Property Owner's Association, d/b/a Country Club Restaurant No. EDCV 03-01118 RT (SGLx) (C.D. Cal. April 13, 2005)
In the Title VII complaint in this case, the Los Angeles District Office alleged that defendant, a Riverside County, California property owners' association which operates various recreational facilities, subjected two female dishwashers and other female employees in its restaurant to a sexually hostile work environment and retaliated against the charging party after she complained. The restaurant manager and a cook perpetrated the harassment, which consisted of offensive sexually-oriented comments and unwelcome physical contact. Charging party and another woman complained to the Human Resources Department in early September and again on October 28, 2002. Shortly after the first complaint, the restaurant manager reduced charging party's hours. Shortly after the second complaint, the restaurant manager issued charging party a warning letter for an incident that had occurred in July 2002, and then discharged her on November 3, 2002.
Under the 3-year consent decree resolving this suit, defendant will pay $285,000 in monetary relief, consisting of $45,000 ($42,000 in compensatory damages and $3,000 in backpay) for charging party, $30,000 (compensatory damages) for another female dishwasher, and $210,000 (compensatory damages) into a "Class Fund." After a notice and claims procedure, the EEOC will designate the individuals eligible for the Class Fund and the amounts they are to receive. Defendant will retain an outside EEO Consultant to monitor its compliance with Title VII and the provisions of the decree.

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