99 JAN 22 PH 4: 16
IN THE UNITED STATES DISTRICT :c{;;+",1 ~:-?~!?'/"~~,~A(
FOR THE DISTRICT OF NEW MEXICO

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

Plaintiff,

)

) )

CI~IV

99 007 5 JP

)

v.

) )

_

_

_

__ _

••• _ _ _ _ _ _ _ _ oml'IKI

COMPLl.1NT ;~1. ~~LV~I'

HONSTEIN OIL CO.,

)

d/b/a CHEVRON EXPRESS

)

JURy TRIAL DEMANDED

)

Defendant.

)

)

NATURE OF THE ACTION

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

Rights Act of 1991 to correct unlawful employment practices on the bases of sex and retaliation,

and to make whole Ramona Encinias and Cynthia Ridgeway who were sexually harassed while

employed by defendant Honstein Oil Co., d/b/a Chevron Express. In addition, defendant

retaliated against and discharged Ramona Encinias for her opposition to the sexual harassment

and/or for participation in proceedings protected by Title VII. Also, the sexual harassment she

endured and defendant's failure to appropriately remedy her work environment, resulted in Ms.

Ridgeway's discharge.

JURISDICTION AND VE~l.JE
1. Jurisdiction of this Court is invoked pursuant to 28 U.S.c. §§451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended 42 U.S.c. §2000e, et seg ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.c. §1981a.
2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the District of New Mexico.
PARTIES
3. The Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.c. §2000e-5(f)(1) and (3).
4. At all relevant times to this action, the defendant Honstein Oil Co., d/b/a Chevron Express, (the "defendant" or "Employer") was a Santa Fe, New Mexico Corporation which continuously did and is now doing business in the State of New Mexico and the metropolitan Las Vegas, New Mexico area as Chevron Express, and has continuously had at least fifteen employees.
5. At all relevant times, the defendant has continuously been and is now an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g) and (h) of Title VII, 42 U.S.C. §2000e-(b), (g) and (h).
2

STATE:\IENT OF CLADIS 6. More than thirty days prior to the institution of this lawsuit, Ramona Encinias and Cynthia Ridgeway each filed a charge with the Commission alleging violations of Title VII by Chevron Express. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least July, 1997, defendant has engaged in unlawful employment practices at its Las Vegas, New Mexico metropolitan area facility in violation of Sections 703(a) and 704(a) of Title VII, 42 V.S.c. §§2000e-2(a) and 3(a). These practices include the sexual harassment of Ms. Encinias and Ms. Ridgeway. The sexual harassment and failure of defendant to appropriately remedy Ms. Ridgeway" 5 work environment resulted in her discharge. In addition, defendant retaliated against and discharged Ms. Encinias because she opposed the sexual harassment and/or participated in proceedings protected under Title VII. Ms. Encinias' opposition to the sexual harassment was protected activity under Title VII. S. The effect of the practices complained of above has been to deprive Ms. Encinias and Ms. Ridgeway of equal employment opportunities and otherwise adversely affect their status as employees because of their sex and with respect to Ms. Encinias in retaliation for opposition to practices made unlawful and/or participation in proceedings protected by Title VII. 9. The unlawful employment practices complained of in paragraphs 7-S were intentional. 10. The unlawful employment practices complained of in paragraphs 7-S were done with malice and/or reckless indifference to the federally protected rights of the charging parties.
3

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining defendant Honstein Oil Co., dlbla Chevron

Express, their officers, successors, assigns and all persons in active concen or participation with

them. from engaging in any employment practice which discriminates on the basis of sex,

including sexual harassment andlor is in retaliation for any employee engaging in protected

activity .

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

provide equal employment opportunities for individuals who are female or who engage in

protected activity, and which eradicate the effects of its past and present unlawful employment

practices. C.

Grant a judgment requiring defendant to pay appropriate back wages in an amount

to be proved at trial, and prejudgment interest, to Ms. Encinias and Ms. Ridgeway, who were

adversely affected by the unlawful practices described above.

D. Order defendant to make whole Ms. Encinias and Ms. Ridgeway, who were

adversely affected by the unlawful practices described above, by providing the affirmative relief

necessary to eradicate the effects of its unlawful practices, including but not limited to rightful

place reinstatement andlor front pay, and providing compensation for past and future pecuniary

losses, including any costs incurred for obtaining medical treatment or counseling, in amounts to

be proved at trial. E. Order defendant to make whole Ms. Encinias and Ms. Ridgeway who were

adversely affected by the unlawful employment practices described above, by providing

4

compensation for non-pecuniary losses, including emotional pain, suffering, loss of enjoyment of
life, and humiliation in amounts to be determined at trial.
F. Order defendant to pay Ms. Encinias and Ms. Ridgeway, who were adversely
affected by the unlawful employment practices described above, punitive damages for its malicious
and/or reckless conduct, in amounts to be determined at trial.
H. Grant such further relief as the Court deems necessary and proper in the public
interest.
I. Award the Commission its costs in this action.
JURy TRIAL DEMANDED
The Commission requests a jury trial on all questions of fact raised by its Complaint.
DATED this~ay of ~),.~ J999.
Respectfully submitted,
C. GREGORY STEWART General Counsel
GWENDOL~ YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSIO~
1801 L Street, NW Washington, D.C. 20507
~~
RICHARD R. TRUllfih Regional Attorney
~
MARY JO O'~EILL Supervisory Trial Attorney
5

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Phoenix District Office 3300 N. Central Ave. Suite 690 Phoenix, Arizona 85012
~ LORETTA MEDINA Senior Trial Attorney VERONICA A. MOLINA Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Albuquerque District Office 505 Marquette NW, Suite 900 Albuquerque, New Mexico 87102 (505) 248-5230 Attorneys for Plaintiff
6

 
 -, - . """ ., _ • ...J _ ~_

•

•

".""

FILED
u.s. i31° Tilcf (;Oliiif
AI P.1Jr')' ,.or)UE, ~!W M!XICO

,,' IN THE UNITED STATES DISTRICT COURT JAN 11 "000

FOR THE DISTRICT, OF NEW MEXICO

£

' ....~~400~

CLeRK

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION."

)

Plaintiff.

)

)

cry 99-0075 JP/JHG

)

v.

)

)

HONSTEIN OIL CO..

)

d/b/a CHEVRON XPRESS and

)

EMPLOYER'S DEPOT, INC.. d/b/a

)

RESOURCE NETWORK LEASING, INC., )

)

Defendants.

)

)

" "." ,. ',' STIPULATION AND ORDER OF DISMISSAL AS TO

EMPLOYER'S'DEPOT. INC.• D/B/A RESOURCE NETWORK LEASING. INC.

The United States Equal Employment Opportunity Commission (the "Commission" or
,
"EEOC") and Emp,loyer's Depot. Inc., d/h/a Resource Network Leasing. Inc., ("RNLI").
"! "
have reached a settlement of this matter as to defendant RNLIcresolving all claims of the

Commission, RamonaEncinias and Cynthia Ridgeway against defendant RNLI arising out of
;
the issues in this la"ysuit. including claims for punitive damages. The terms of the settlement
. i
are set forth in the Settlement Agreement incorporated herein and attached as Exhibit A.
j
It is hereby 9RDERED that the parties abide by the terms of the attached Settlement
!
Agreement. The C?urt shall retain jurisdiCtionover any aciion to enforce the Settlement
,. I .
Agreement for one 'Year following the entry of this Order; provided. huwcYl'r. that upon

I
~?

;

';

•

•

i

application by the dommission and good cause showing. the Court may cxtend the duration of

its jurisdiction overl t'his action to enforce compliance with the Settlement Agreemcnt.

,I

It is further ,ORDERED that this action is dismissed as to defendant RNLI only. with

. j"

.

EEOC and RNLItobear their own costs and attorney's fees incurred in this action as of the

date of the entry of!this Order.

ENTERED AND ORDERED this _ _ _ day of _ _ _ _ _• 1999.

".- .
, "" I'

', ."j
.. . :,-
.....'
, I
--I
". !
I

.". -'
. '. I. -
2

•
APPROVED AND CONSENTED TO:

;-- .

I
GALLAGHER; CA!SADOS & MANN, P.C.

317 Commercial N.'E .. 2nd Floor

I

Albuquerque, New Mexico 87102

(505) 243~7848 I

.

Attorneys for Empl9yer's Depot, Inc. d/b/a Resource Network Leasing. Inc.

•
C. GREGORY STEWART General Counsel Designate
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, NW Washington, D.C. 20507
1?;Gy;::; !t:¢6
RICHARD R.1R'UhLLO Regional Attorney
roO cbn~ .J,;lh
C. EMANUEL SMITH Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3300 N. Central Ave .. Suite 690 Phoenix, Arizona 85012
~-\L.1~ LORETTAMEDIN A Trial Attorney
VERONICA A. MOLINA Trial Attpr!ley
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Albuquerque District Office 505 Marquette NW, Suite 900 Albuquerque, New Mexico 87102-2189 (505) 248-5230
Attorneys for Plaintiff

3

-; - - ...

•

•

.'.'.
INTHE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMIS'sioN,'

.

)

'.

!

)

Plaintiff,

)

CIV 99-0075 JP/JHG

)

v.

)

)

SETTLEMENT AGRE&\lENT

HONSTEINOIL CO.,

)

AS TO EMPLOYER'S DEPOT.

d/b/a CHEVRON XPRESS and EMPLOYER'S DEPOT. INC.. d/b/a

)

INC., d/b/a RESOURCE

)

NETWORK LEASI~G. INC.

RESOUR. C':. E

NETWORK \

LEASING.

INC..

)

)

Defendants.

)

)

sJtes The United

Equal Employment Opportunity Commission (the •Commission" or

"EEOC") filed' this action against Honstein Oil Company. d/b/a Chevron Xpress and Employer's

Depot.

Inc ..

.d./.b/a

Resource \

Network

Leasing.

Inc ..

("RNU"). . .

to

enforce

Title

VII

of

the

Civil

i

.

:

.

Rights .-\ct of 1964. as amended, 42 U.s.c. §2000e et~. (Title VII) and the Civil Right Act

. ..

\

.

"\

of 1991,42 U.S: C.!• §1981a.

\'\.

.

This agreembnt is made between EEOC and RNLI only. This agreement isnOi intended

to resolve any claims the EEOC has against Honstein Oil Company. d/b/a Chevron Express.

EEOC and RNLI do not object to the jurisdiction of the Court over this action and waive

,

I

i

their rights to a hearing and the entry of fmdings of fact and conclusions of law. This agreement

• •
i
does not constitutel an admission of liability by RNLI. nor an adjudication on the merits of the

allegations of the complain! as to RNLI.
- I' i
1. Thi~ agreement resolves all claims of the Commission against RNLI including
claims for puniii~e'damages, injunctive relief, attorney's fees and costs arising out of the issues

in this lawsuit.

2. RNlh expressly acknowledges that the Commission may bring an action to enforce

.• I

.

any terms of this agreemem.

3. '.. RNJ,I shall be dismissed from this action upon execution of this agreement subject
to the following ierms.

A... ' RNLI agrees to pay the sums for monetary relief pursuant to paragraphs 4
. ,
and 5 of this agreement.

B: RNLI bas represented to the Commission that it does not presently have any

. employees in the State of New Mexico and it does not have any plans to have empl~yees in the State of New Mexico during the one year term of this agreement.
c., RN LI agrees to reasonably cooperate with the Commission in the

litigation of claims against HODS,tein Oil Company. Such cooperation shall include

fullyi",mplY.'

d~" wi.. "bp_'o< re\"m'

m'"

"''''''y 0< ","'rol

of RJ:'ILl and complying with subpoenas for testimony by depositions or at trial .

j

..... "

if necessary ..
. ,',
! .•
. RELIEF TO CHARGING PARTIES

4. Judg~ment is entered against RNLI in favor of the Commission for the benefit of

m Ramona Encinias iJ the amount of $5.000.00 punitive damages payable directly to Ramona

. .' . I

2

. ,

• •

Encinias. In exchLge for payment of this amount, Ms. Encinias will deliver to RNLI a release
I '.
in a fomi accepta~le to Ms: Encinias and RNLI.

5. ·Judgement is entered against R..'IlLI, in favor of the Commission for the

-

i

benefit of Cynthia Ridgeway in the amount of S 5.000.00 in punitive damages payable directly to

Cynthia Ridgewa). In exchange for payment of this amount, Ms, Ridgeway will deliver to RNLI

a release in a form acceptable to Ms. Ridgeway and RNLI.

6'. RNU shall pay the settlement amounts described in paragraphs 4 and 5 of

this agreement via business check within fourteen days of the entry of this agreement. 7. Th~ checks provided for in paragraphs 4 and 5 of this agreement shall be made

payable separately ,to the individual charging parties and shall be mailed directly via cenified mail

to the charging parbes at the addresses provided by the EEOC. Within ten days of issuance of the

,

I

checks", RNLI shalIl submit a' copy of the checks and any related correspondence to the Regional

!
Attorney, Equal Employment Opportunity Commission, Albuquerque District Office. 505

Marquette NW, Suite 9OO,Albuquerque, NM 87102-2189.

i

'8. RNU, shall not take any action against charging parties Ramona Encinias and/or

Cy~thia c~se RidgeWayl in this in retaliation for filing a charge of employment discrimination or

I

'

!

for participating, ~ssisting or testifying in thipctiqn.

;

\

COSTS AND DURATION

\', I

,

;' I " " 9. '': RNLI and EEOC shall bear their own costs and attorney's fees incurred as a result

of this action thro~gh the filing of this settlement agreement and the entry of a Stipulation and

Order of Dismissal in this matter.

10. The: duration of this agreement shall be one (1) year from the date of the entry of

3

. ..

•

•

\
the Stipulation and! Order of Dismissal in this matter.

II. The c:;oun shall retain jurisdiction of this action for the duration of this agreement,

I

.

during which the Cbmmission may petition this Court for compliance with this agreement. Should !
the Coundetermin~ that Employer's Depot, Inc., d/b/a Resource Network Leasing, Inc. has not

complied with this ~greement, appropriate relief. including extension of this agreement for such
. I
period as may be necessary to remedy its non-compliance, may be ordered.

12. This .agreement shall expire by its own terms at the end of one (1) year after the .
~e date of entry of. . IIStiPUlatiOn a.nd Order of Dismissal. without further action by the parties.
APPROVED AND CONSENTED TO:

C.GREGORYSTEWART General Counsel Designate

GWENDOLYN YOUNG REAMS Associate General Counsel

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 L Street, NW Washington, D.C. 20507

IZ

'.d1,

RICHA'ff1.. -:fR'clILLO

Regional Artorney

\

C. EMANUEL SMITH Supervisory Trial Attorney

4

• •
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
3300 N. Central Ave., Suite 690 Phoenix, Arizona 85012

GALLAGHER, CASADOS & MANN, P.c.

317 Commercial N!E., 2'"' Floor

Albuquerque, New\Mexico 87102

(505) 243-7848!

.

'.' I

.

Attorneys for:Employer's Depot, Inc., I
d/b/a Resource Network Leasing, Inc.

~~~h
LORETTA MEDINA Trial Attorney
VERONICA A. MOLINA Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Albuquerque District Office 505 Marquene NW. Suite 900 Albuquerque. New Mexico 87102-2189 (505) 248-5230
Attorneys for Plaintiff

I

 
 District Version v3.0.5 LIVE DB - Docket Report

https://ecf.nmd.uscourts.gov/cgi-bin/DktRpt.pl?105805717221463-L_3...

MTNDDL, REFER, TERMED
U.S. District Court District of New Mexico - Version 3.0 (Albuquerque) CIVIL DOCKET FOR CASE #: 1:99-cv-00075-JAP-JHG

EEOC v. Honstein Oil Co, et al Assigned to: District Judge James A. Parker Referred to: Joe H. Galvan Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 01/22/1999 Date Terminated: 01/11/2000 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission '

represented by C Gregory Stewart EEOC Legal Counsel Office 1801 L Street, NW Washington, DC 20507 (202) 663-4669 Fax: 663-4639 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Young Reams EEOC Legal Counsel Office 1801 L Street, NW Washington, DC 20507 (202) 663-4669 Fax: 663-4639 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Loretta F Medina EEOC 505 Marquette, NW #900 Albuquerque, NM 87102 (505) 248-5230 Fax: 248-5217 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mary Jo O'Neill EEOC Phoenix District Office 3300 North Central Avenue #690 Phoenix, AZ 85012-2504

1 of 6

5/21/2007 9:08 AM

District Version v3.0.5 LIVE DB - Docket Report
V. Defendant Honstein Oil Co doing business as Chevron Express
Defendant Employer's Depot Inc TERMINATED: 01/11/2000 doing business as Resource Network Leasing Inc
2 of 6

https://ecf.nmd.uscourts.gov/cgi-bin/DktRpt.pl?105805717221463-L_3...
(602) 640-5000 Fax: (602) 640-5009 Email: mary.oneill@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard R. Trujillo EEOC Phoenix District Office 3300 North Central Avenue #690 Phoenix, AZ 85012-1848 (602) 640-5000 Fax: 640-5009 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Veronica A Molina Equal Employment Opportunity Commission Legal Unit 505 Marquette N.W., Suite 900 Albuquerque, NM 87102 (505) 248-5231 Fax: (505) 248-5217 Email: veronica.molina@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Randolph B. Felker Felker Ish Ritchie & Geer PA 911 Old Pecos Trail Santa Fe, NM 87501 (505) 988-4483 Fax: 983-4876 Email: randfelker@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Nancy Franchini Gallagher, Casados & Mann, P.C. 317 Commercial NE, Second Floor Albuquerque, NM 87102 505-243-7848 Fax: 505-764-0153
5/21/2007 9:08 AM

District Version v3.0.5 LIVE DB - Docket Report

https://ecf.nmd.uscourts.gov/cgi-bin/DktRpt.pl?105805717221463-L_3...

Email: nfranchini@gcmlegal.com TERMINATED: 01/11/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nathan H. Mann Gallagher, Casados & Mann 317 Commercial, NE Second Floor Albuquerque, NM 87102 Email: nmann@gcmlegal.com TERMINATED: 01/11/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 01/22/1999 01/29/1999 01/29/1999 02/08/1999 04/29/1999
05/07/1999 05/17/1999 05/20/1999
05/20/1999 06/11/1999
06/14/1999

#

Docket Text

1 COMPLAINT w/Jury Trial Demanded (1 Summons(es) issued) (referred to Magistrate Judge Joe H. Galvan) (bap) (Entered: 01/25/1999)
2 ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant (mjr) (Entered: 01/29/1999)
2 ENTRY OF APPEARANCE for defendant by Randolph B. Felker (mjr) (Entered: 01/29/1999)
3 ANSWER by defendant [1-1] (mjr) (Entered: 02/08/1999)
4 INITIAL SCHEDULING ORDER by Magistrate Judge Joe H. Galvan Rule 16 scheduling conference set on 5/13/99 at 1:00 pm in Albuquerque, NM; provisional discovery plan & IPTR due 5/10/99 (cc: all counsel, electronically) (dmw) (Entered: 04/29/1999)
5 PROVISIONAL DISCOVERY PLAN by parties (vv) (Entered: 05/07/1999)
6 CLERK'S MINUTES: before Magistrate Judge Joe H. Galvan Rule 16 scheduling conference held 5/13/99 (dmw) (Entered: 05/17/1999)
7 CERTIFICATE of service by plaintiff of first request for non-uniform interrogatories, first requests for production of documents and first request for admissions to counsel on 5/19/99 (vv) (Entered: 05/24/1999)
8 CERTIFICATE of service by plaintiff of initial disclosures to counsel on 5/19/99 (vv) (Entered: 05/24/1999)
11 CERTIFICATE OF SERVICE by defendant of mailing defts initial disclosure list, response to request for production, response to first request for admissions and answers to pltfs interrogatories to opposing counsel on 6/10/99 (msm) (Entered: 06/14/1999)
9 SCHEDULING ORDER by Judge James A. Parker & Magistrate Joe H. Galvan; Discovery set for 11/19/99; mtn filing ddl set for 1/20/2000; proposed pretrial

3 of 6

5/21/2007 9:08 AM

District Version v3.0.5 LIVE DB - Docket Report

https://ecf.nmd.uscourts.gov/cgi-bin/DktRpt.pl?105805717221463-L_3...

06/14/1999
06/14/1999 06/22/1999 06/25/1999 07/15/1999 07/19/1999 07/19/1999 07/26/1999 07/26/1999 07/28/1999 07/29/1999 07/30/1999 08/06/1999 08/06/1999 08/23/1999

order due 1/10/2000; settlement/pretrial conference set on 12/16/99 at 1:30 pm before Judge Galvan in Albuquerque, NM (cc: all counsel) (dmw) (Entered: 06/14/1999)
10 INITIAL PRE-TRIAL REPORT Judge James A. Parker and Magistrate Judge Joe H. Galvan; Discovery set for 11/19/99; mtn filing ddl set for 1/20/2000; proposed pretrial order due 1/10/2000; pretrial conference set for 9:00 am on 1/4/2000 in Santa Fe, NM; jury selection at 8:30 am on 3/20/2000 & jury trial set for 9:00 am on 3/21/2000, in Santa Fe, NM; Estimated # of Trial Days: 6; Chances of Settlement: unknown (cc: all counsel) (dmw) (Entered: 06/14/1999)
12 CERTIFICATE of service by defendant of first set of interrogatories to opposing counsel on 6/10/99 (mjr) (Entered: 06/14/1999)
13 CERTIFICATE of service by defendant of first set of interrogatories to opposing counsel on 6/14/99 (mjr) (Entered: 06/22/1999)
14 CERTIFICATE by defendant of mailing two offers of judgment to pltf along with this certificate on 6/24/99 (msm) (Entered: 06/28/1999)
15 CERTIFICATE of service by plaintiff of answers and objections to first interrogatories to counsel on 7/14/99 (vv) (Entered: 07/16/1999)
16 MOTION by plaintiff to amend complaint to add defendant Employer's Depot, Inc., d/b/a Resource Network Leasing, Inc. (dmw) (Entered: 07/19/1999)
17 CERTIFICATE of Service by plaintiff of answers and objections to first interrogatories, mailed to opposing counsel on 07/16/99 (bap) (Entered: 07/20/1999)
18 ORDER by Magistrate Judge Joe H. Galvan granting motion to amend complaint to add defendant Employer's Depot, Inc., d/b/a Resource Network Leasing, Inc. [16-1] (cc: all counsel) (former employee) (Entered: 07/26/1999)
19 CERTIFICATE of service by plaintiff of first supplemental initial disclosures to counsel on 7/23/99 (vv) (Entered: 07/27/1999)
20 CERTIFICATE of service by deft of 1st request for production to counsel on 7/28/99 (pz) (Entered: 07/29/1999)
21 AMENDED COMPLAINT [1-1] by plaintiff; jury demand; adding Employer's Depot Inc (1 Summons(es) issued) (dmw) (Entered: 07/30/1999)
22 MOTION for Extension by defendant to 8/13/99 within which to respond to pltf motion to compel (motion not on file) (msm) (Entered: 07/30/1999)
23 ANSWER by defendant Honstein Oil Co to the first amended complaint [21-1] (mjr) (Entered: 08/06/1999)
24 RESPONSE to motion to extend time to respond to motion to compel by plaintiff (dmw) (Entered: 08/09/1999)
25 CERTIFICATE of service by plaintiff of first supplemental answers and objections to first interrogatories to counsel on 8/20/99 (vv) (Entered: 08/24/1999)

4 of 6

5/21/2007 9:08 AM

District Version v3.0.5 LIVE DB - Docket Report

https://ecf.nmd.uscourts.gov/cgi-bin/DktRpt.pl?105805717221463-L_3...

08/25/1999 08/27/1999 09/01/1999 09/08/1999 09/08/1999 09/09/1999 09/09/1999 09/09/1999 09/09/1999
09/10/1999 09/16/1999 09/20/1999 09/22/1999 10/01/1999 10/07/1999 10/15/1999

26 CERTIFICATE of service by plaintiff of first supplemental answers and objections to first interrogatories to counsel on 8/24/99 (vv) (Entered: 08/25/1999)
27 CERTIFICATE of service by plaintiff of answers and objections to first request for production of documents to counsel on 8/27/99 (vv) (Entered: 09/02/1999)
28 CERTIFICATE of Service by plaintiff of disclosure of expert witness, mailed to opposing counsel on 08/31/99 (bap) (Entered: 09/02/1999)
29 ENTRY OF APPEARANCE for defendant Employer's Depot Inc by Nancy J. Franchini & Nathan H. Mann (dmw) (Entered: 09/09/1999)
29 ACCEPTANCE OF SERVICE of s/c by defendant Employer's Depot Inc (dmw) (Entered: 09/09/1999)
30 MOTION for Extension of time to respond to defendant's motion for summary judgment on punitive damages claims (written motion not filed) by plaintiff EEOC (former employee) (Entered: 09/09/1999)
31 AFFIDAVIT of Loetta Medina regarding EEOC's Motion to extend time to respond to defendant's motion for summary judgment on punitive damages claims [30-1] (former employee) (Entered: 09/09/1999)
32 MEMORANDUM by plaintiff EEOC in support of motion for extension of time to respond [30-1] (former employee) (Entered: 09/09/1999)
33 ORDER by Magistrate Judge Joe H. Galvan granting defendant's motion to extend time to respond to plaintiff's motion to compel responses to request for production; granting plaintiff's motion to extend time to respond to defendant's motion for summary judgment on punitive damages claims [30-1]; and granting extension of time for filing motion package for plaintiff's motion to compel (former employee) Modified on 09/14/1999 (Entered: 09/09/1999)
34 CERTIFICATE of service by plaintiff of second supplemental disclosures to counsel on 9/2/99 (vv) Modified on 09/15/1999 (Entered: 09/14/1999)
35 MOTION by defendant to order psychological evaluations of Ramona Encinias and Cynthia Ridgeway (msm) (Entered: 09/16/1999)
36 ORDER by Magistrate Judge Joe H. Galvan granting motion to order psychological evaluations of Ramona Encinias and Cynthia Ridgeway [35-1] (cc: all counsel) (former employee) (Entered: 09/20/1999)
37 CERTIFICATE of service by defendant of affidavit of Cynthia S Holloway to counsel on 9/22/99 (vv) (Entered: 09/23/1999)
38 ANSWER to first amended complaint by defendant Employer's Depot Inc [21-1] (dmw) (Entered: 10/04/1999)
39 NOTICE of hearing before Magistrate Judge Joe H. Galvan hearing on discovery matters for 2:30 pm on 10/13/99 in Albuquerque, NM (cc: all counsel, electronic mailing) (sl) (Entered: 10/07/1999)
40 CLERK'S MINUTES: before Magistrate Judge Joe H. Galvan on discovery matters; attorneys to submit amended scheduling order by 11/1/99 (dmw)

5 of 6

5/21/2007 9:08 AM

District Version v3.0.5 LIVE DB - Docket Report

https://ecf.nmd.uscourts.gov/cgi-bin/DktRpt.pl?105805717221463-L_3...

11/10/1999
11/15/1999 12/13/1999 12/28/1999 01/11/2000 01/11/2000

Modified on 10/15/1999 (Entered: 10/15/1999)
41 AMENDED SCHEDULING ORDER by Judge James A. Parker & Magistrate Judge Joe H. Galvan; Discovery set for 1/14/2000; mtn filing ddl set for 3/13/2000; proposed pretrial order due 2/25/2000; pretrial conference set before Judge Galvan on 1/21/2000 in Albuquerque, NM (cc: all counsel) (dmw) (Entered: 11/10/1999)
42 NOTICE of hearing; settlement conference set on 12/16/99 at 1:30 pm before Magistrate Judge Joe H Galvan in Albuquerque, NM (cc: all counsel*) (dmw) (Entered: 11/15/1999)
43 NOTICE by Magistrate Judge Joe H Galvan vacating settlement conference set on 12/16/99 (dmw) (Entered: 12/14/1999)
44 NOTICE of hearing Pretrial conference set before Magistrate Judge Joe H Galvan vacated (cc: all counsel*) (dmw) (Entered: 12/28/1999)
45 STIPULATION & ORDER of dismissal as to Employer's Depot by Judge James A. Parker dismissing party (cc: all counsel) (dmw) (Entered: 01/12/2000)
46 ORDER by Judge James A. Parker dismissing action dismissing case (cc: all counsel) (dmw) (Entered: 01/12/2000)

PACER Service Center

Transaction Receipt

PACER Login:
Description:
Billable Pages:

05/21/2007 08:06:22

hs0328 Client Code: eeoc

Docket Report

Search Criteria:

1:99-cv-00075-JAP-JHG

4

Cost:

0.32

6 of 6

5/21/2007 9:08 AM

 
 ------------- --.-

'- ..

•

fILED
u.s. DlqRIP C;;OUR' AI mOllFP.QUE, NEW MfXleO

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT or NEW MEXICO
. ,i

JAN 1 1 2000
. ,.,( A...__ 1) 'I.'~'~~~
CLERK

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

HONSTEIN OIL CO.,

)

d/b/a CHEVRON XPRESS and

)

EMPLOYER'S DEPOT, INC., d/b/a

)

RESOURCE NETWORK LEASING, INC.,. )

)

Defendant.

)

)

CIV 99-0075 JP/JHG

ORDER OF DISMISSAL

The United States Equal Employment Opportunity Commission (the "Commission" or

"EEOC") tiled this actiim againstHonstein Oil Co., d/b/a Chevron Xpress ("Honstein Oil")

and Employer's Depot; Inc., d/b/a Resource Network Leasing, Inc., ("RNLI"), collectively

the. "Defendant," to enforce Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c.

§2000e et seq. (Title VII) and the Civil Right Act of 1991, 42 U.S. C., §1981a. In the

Amended Complaint the Commission alleged that Ramona Encinias and Cynthia Ridgeway,

.

.

who were employed by defendant in Las Vegas, New Mexico, were subjected to sexual

harassment by defendant in violation of Title VII. It was alleged that the sexual harassment she
ok.
endured and defendant' failure to appropriately remedy her work environment, resulted in Ms.

.,

.
-

•

Ridgeway's discharge. The Commission also alleged that defendant retaliated against and

.

.

constructively discharged Ramona Encinias for her opposition to the sexual harassment and/or

for participation in proceedings protected by Title VII.

The parties have reached a settlement of this matter resolving all claims of the

Commission, Ramona Encinias and Cynthia Ridgeway against defendant Honstein Oil

Company arising out of the issues in this lawsuit. The terms of the settlement are set forth in

the Settlement Agreement incorporated in this Order and attached as Exhibit A.

The parties agree the attached Settlement Agreement is binding and enforceahle at law

or in equity. The Court shall retain jurisdiction over any action to enforce the Settlement

Agreement for three years following the entry of this Order; provided. however. that upon

application by the Commission and good cause showing. the Court may extend the duration of

its jurisdiction over this action to enforce compliance with the Settlement Agreement.

It is further ORDERED that this action is dismissed, each party is to bear it own costs

and attorney's fees incurred in this action as of the date of the entry of this Ordcr.

ENTERED AND ORDERED this _ _ day of _ _ _ _ _, 1999.
.,..

ORABLE JAMES A. PARKER ED STATES DISTRICT COURT JUDGE

2

APPROVED AND CONSENTED TO:'

•
. C. GREGORY STEWART General Counsel Designate
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 180\ L Street, NW Washington. D.C. 20507
. R. ICHARt D R.~ ~LL~ O
. Regional Attorney

FELKER, ISH, RITCHIE & GEER. P.A. Attorney's at Law 911 Old Pacos Trail
.".
Attorneys for Honstein Oil Co.. d/b/a Chevron Xpress

C. EMANUEL SMITH Supervisory Trial Attorney
'EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3300 N. Central Ave., Suite 690 Phoenix. Arizona 85012
~~
LORETTA MEDINA Trial Attorney
VERONICA A. MOLINA Trial Attorney
EQUAL EMPLOYMENT .: OPPORTUNITY COMMISSION '" AIbuquerque District Office
505 MarquetteNW. Suite 900 Albuquerque, New Mexico 87102-2189 (505) 248-5230
.. :;
Attorneys for Plaintiff

3

" ..

::' .

"_ .J. ._,"

-.

•

IN THE UNITED STATE5 DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,.

)

)

Plaintiff,

)

)

v.

)

)

HONSTEIN OIL C O . , )

d/b/a CHEVRON XPRESS and

)

EMPLOYER'S DEPOT, INC., d/b/a

)

RESOURCE NETWORK LEASING, INC., )

)

Defendant.

)

)

CIV 99-0075 JP/JHG
SETTLEMENT AGREEME~T AS TO HONSTEIN OIL CO., d/b/a CHEVRON XPRESS

The United States Equal Employment Opportunity Commission (the "Commission" or

"EEOC") filed this' action against Honstein Oil Company, d/b/a Chevron Xpress ("Honstein Oir')

and Employer's Depot, Inc., d/b/a Resource NetWork Leasing, Inc., ("RNU"), collectively the

"Defendant", to enforce Title VII of the Civil Rights Act of 1964, as amended, 42 U.s.c.
.' .
§2000e et~. (Title VII) and tbe Civil Right Act of 1991,42 U.S. c., §19,8Ia. In the Amended
Complaint the Conimission alleged that Ramona Encinias and Cynthia Ridgeway, who were

employed by defendant in Las Vegas, New Mexi.co, were subjected to sexual harassment by

defendant in violation of Title VII. It was alleged that the sexual harassment she endured and

defendant' failure to appropriately remedy her work. environment, resulted in Ms. Ridgeway's

discharge. The C;:ommission also alleged that defendant retaliated against and constructively
; ,

-. •

discharged Ramona Encinias for her opposition w the sexual harassment and/or for participation
in proceedings protected by Title VII. _

Claims of the Commission against defendant Employer's Depot Inc., d/b/a Resource Network Leasing have been resolved by a separate settlement agreement. This agreement pertains to the Commission's claims against defendant Honstein Oil Company, d/b/a Chevron Xpress, herein after ."defendant" or •Honstein Oil Company .•
The parties do not object to- the jurisdiction of the Court over this -action and waive their

rights to-a hearing and the entry of findings of fact and conclusions of law. This agreement does

not constitute an admission of liability by the defendant, nor an adjudication on the merits of the

allegatiOnS of the complaint. ,1. This' agreement resolves all claims of the Commission against defendant including
claims for back pay, compensatory and punitive damages; interest. injunctive relief, attorney's fees and costs arising out of the issues in this lawsuit.

2. Defendant Honstein Oil Company agrees that for the duration of this agreement it:

A. - ,B.

shall not discriminate against any individual because of his or her sex,
including sexual harassme'nt.
shall not retaliate against any individual who:
(i) opposes practices rna~Ie unlawful by Title VII or a state equal
. ,
employment opportunity statUte.

(ii) makes a charge of discrimination or assists or participates in an

investigation or proceeding under Title VII or a state equal employment opportUnity statute, or

(iii) fr..Ies an internal complaint of discrimination.

-. •

3. This agreement to refrain from discrimination and retaliation will remain in effect for

the duration of this agreement at any store location or facility operated by Honstein Oil Company

in the state of New :Mexico.
4. Honstein Oil Company expressly:a~knowledges that the Commission may bring an
'. ., I
action to enforce any terms of this agreement, including the provisions of this agreement

prohibiting discrimination and retaliation in violation of Title VII.

RELIEF TO CHARGING PARTIES

5. Honstein Oil Company shall pay Ramona Encinias the amount of $15.000.00

in compensatory damages payable directly to"Ramona Encinias. In exchange for payment of this

amount, Ms. Encinias will deliver to Honstein Oil Company a release in a form acceptable to Ms.

Encinias and Honstein Oil Company.

6. Honstein Oil Company shall pay Cynthia Ridgeway the amount of $4.524.97 in

compensatory damages payable directly to Cynthia Ridgeway. In exchange for payment of this

amount, Ms. .Ridgew. ay will deliver to Honstein Oil Company a release in a fonn acceptable to
Ms. Ridgew~y.3nd !-{onstein Oil Company. 7. Defendant shall pay the settlement amounts described in paragraphs 5 and 6 of

this agreement via business checks within ten days of the entry pf this agreement.

8. " The checks prpvided for in paragraphs 5 and 6 of this agreement shall be made

payable separately to the individual charging panies and shall be mailed directly via certified mail
•
to the charging parties at the addresses provided by the EEOC. Within five days of issuance of

the checks, defendant shall submit a copy of the checks and any related correspondence to the

Regional Attorney, Equal Employment Opportunity Commission, Albuquerque District Office.

I

.

..

505 Marquette NW, Suite 900, Albuquerque, NM 87102-2189.

3

-. •

9: __ - In response to any employment inquiries or reference checks concerning charging

parties Ramona EJcinias and/or Cynthia Ridgeway; defendant shall provide only the dates of

employment, each position held. job duties and salary. This provision shall remain in force for

so long as Charging!,parties Ramona Encinias and Cynthia Ridgeway use Honstein Oil Company
as a reference and i,s not limited to the three-year duration of this agreement.
-i -
10. . Honstein Oil Company shall nO! take any action against cbarging panies Ramona
I
Encinias and/or Cynthia Ridgev.;.y in this case iii retaliation for fIling a charge of employment
discriminati~n or fdr pariicipating, assisting or testifying in this action. Honstein Oil Company
I -
shall also advise the Manager(s) and employee(s) of its Las Vegas, New Mexico facility that

- retaliation against RlamOnaEnCiniaS and/or Cynthia Ridgeway is prohibited by this agreement and

that disciplinary action may be taken by Honstein Oil Company against any individual(s) who

I - retaliate against eitljer Ms. Encinias or Ms. Ridgeway.
HONSTEIN OIL COMPANY'S CORRECTIVE POLICIES ~~ PRACTICES

. 11. Honstein 9il Company agrees that it 'shall institute and carry out policies and

provi~e practices that

work environments free from sex discrimination. including policies and

I

practices to prevent sexual harassment of their employees and other individuals, and that allow

employees and othe} individuals to raise concerns or -complaints abolit matters made unlawful by

- I,

-'.

-

Title VII, whether' alleged, perceived or actual without retaliation. To assist Honstein oil

;

-

"

Com~any in their effort to provide a work envir~nment free- of sex discrimination, sexual

,- . I

-

i-

harassment and retaliation, Honstein Oil Company shall take the actions provided for in

..-~

, I Paragraphs 12 through 18.

-

. -

- 12. - Within sixty (60) days of the entry of ibis agreement, Honstein Oil Company's

-- I - - - existing poliCies on sex discrimination. including sexual harassment, shall be throughly rcviewed 4

;...

•

and changes shall be made to assure that Honstein Oil Company policies comply with Title VII
and foster an enviro"nment in which employees will be encouraged to complain about alleged sex

discrimina.tiona. nd',sexual harassment. Honstein Oil Company shall further ensure their wrioen policy includes a statement that employees are encouraged to complain directly to EEOC or any
state equal o~rtunitY agency in addition to or as an alternative to complaining directly to

Honstein Oil Company. . After reviewing and making any necessary revisions to its policies.

Honstein Oil Company shall distribute the revised sexual harassment policy to each of its current

. full and part-time employees. and to each new employee hired for the duration of this agreement.

13. . Within sixty (60) days of the entry of this agreement. Honstein Oil Company shall

provide employees'with revised written policy statements and procedures regarding reporting and

prevention of sexual harassment and retaliation. The policy and procedure statements that are

provided to employees should be designed to pre~ent easily understood. convenient. consistent.

confidential and reliable procedures for reporting incidents of sexual harassment and retal wion

in Honstein Oil Company, New Mexico facilities. These procedures, at a minimum. shall pro\'ide

as follows:

A. At .least one employee in a supervisory or managerial position at Honstein Oil

, Company's Santa Fe, New Mexico headquarters shall be designated to serve as

\; .

.

;
iriv~stigative officer for sexual harassment issues at all locations.

,
. B. At least one other employee in defendant' organization who has executive

I .

.

supei rvisory or managerial responsib. ility for operations of store locations/facilities

j

shal,1 be designated to supervise investigative officers and/or serve as an alternate

!

. i

investigative officer.

I.

.

I·

5

•

C. The names. responsibilities. work locations. and telephone numbers of the

inVergative officers and the supervisory investigati\'e officer will routinely and

continuously be posted and provided to all employees so that an employee seeking
I.
1
such name can enjoy anonymity and remain inconspicuous to other employees.

D. Co~plaints of sexual harassment or retaliation will be accepted in writing. orally.

or anonymously and will be taken seriously and investigated promptly.
I
E. Only those who have an immediate need to know. including the investigative

offi~er(s). other Honstein Oil Company executive officers. the alleged target of
i
harassment or retaliation. the alleged harasser(s) or retaliator(s) and any witnesses.

may find out the identity of the complainant.

F. During an investigation of a sexual harassment complaint of an employee. the

I

.

inve~tigative officer(s) shall endeavor to immediately interview all affected

employees and potential witnesses to the alleged harassment.

G. All parties contacted in the course of an investigation will be advised that any

retaliation or reprisal against an individual who is an alleged target of harassment

I

.

or r~taliation. who has made a complaint. or who has provided evidence in

conrtection with a complaint will not be tolerated and could result in disciplinary I
aCl.l1on.
I
H. Each investigative officer will receive thorough training about sexual harassment

and Lill have the responsibility for expeditiously investigating all complaints. This
! .'
traiJ,ing shall consist of at least six hours in addition to that provided under
paragraph 15.

6

, ,

•

I. The investigative oftker will recommend remedial measures, if appropriate. ha,ed

upon the results of the investigation. and Honstein Oil Company will promptly

consider and act upon such recommendation.

J. The investigative officer will maintain a file on the original complaint(s) and any

foll~w-up investigation for the duration of this agreement,

K. Hon~tein Oil Company managers. officials. agents or employees who engage in
I
sexual harassment or retaliation. who fail to cooperate with company-sponsored
. I . . mveslIgalIons 0 f sexuaI h aras'sment or retaI',lalI.on, or whorefuse to .ImpIement

remictial measures will be advised that they may be sanctioned severely by
I ' d ' . suspension or IsmlssaI,

14. Honltein Oil Company shall post within 30 days of the entry of this agreement and

continuously for a period of 36 months, in prominent places frequented by employees in all

Honstein Oil Company. New Mexico facilities. the Notice attached to this agreement as Exhibit
i
A. This Notice sh*1l be the same type, style and size as in Exhibit A .
i
15. Hon~tein Oil Company shall provide training on sex discrimination. sexual

harassment and ret~liation according to the following terms:
A. At I~ast three training sessions for employees shall be conducted during the term

of this agreement. All managers. supervisors and employees of Honstein Oil

Company in New Mexico shall attend the training. Duplicative sessions may be

held to accommodate staffmgor facility needs. Employees who cannot personally

attend an annual training session shall be required to view a videotape covering the

topics described in paragraph 15F. Honstein Oil Company shall be responsible for

all cbists associated with. this training,

7

B.

• . During the first year of the agreement, the training shall be conducted within four

... m. on,ths of. the entry of this agreement. Additional training shall be conducted at

- .' lea~; ~nce each remaining year of lhis agreement.

. ••..• 1. _'(_.__

c. .,

.. I' .

-.

Honstein·Oil Company shall select a qualified trainer and shall submit the trainer's

· .~ .

,;

narne,:'re~uine,training agenda and the date(s) of the proposed training to the ....•..

. . '. Regionai Aitorney of the Albuquerque office of the Equal Employment Opporrunity

-j ~ .
.Co~ssion within sixty' days of the entry of this agreement. During the second

-'.'

• j-

· and lhird 'years of the agreement, the above information sball be submitted to the

. ,

Regional·Attorney
,

at

least

ninety

days

prior

to

the

seminar-training

session.

The

..

I .. ' .

Commission shall have thirty days from the date of receipt of the information

! .~

•. ; describ.ed· above· to accept or reject the proposed consultantllecturer and/or the

• '. I"

.....

.

" :
· . contents of 'the seminar. In the .event the Commission does not approve of the

:. ctesigmited ~o'nsuitantllecturer proposed by Honstein Oil Company, the Commission

sh~i; d~~ig~ate the consultantilecturer at a cost not to exceed $500.00 per seminar-

.','

I

.

•..

_

"

tglining session which shall be paid by Honstein Oil Company.

aii O.

.Himste'in

.-.' '.

.

-

C-

ompany .

has

requested

the

opportunity

to

seek

technical

assistance

,':'.

'i~~m" th~ Commission through the Albuquerque District Office's Small Business

,;,' '",

'-. '.

.. -

.. '-, .:=..

-.. ." ,'.... ' .

.'

.

'. " . . . ,' . . .', :'"

..

Initiatiye 'program and/or through the <;:orIirIiission's fee based technical assistance

-

"

' . -',;'

"

,. arid i"r~ining program as authoriz"ect byth:e:kEOC Education. Technical Assistance

:,', ".

. ...

•. and Training ReYolving Fund'Aci ofl992,:'Any trainingassistailce sought under

.. ~!.'" ,-: .~
'-'

: .- - .: - :. ~"'.' ~: ~."
.... .. \., , .

.

.·.·thi~ paragraph sli3Jl be reported and~pproxed by the Regional Attorney as provided

.. ......, "....,.., ,: ; , .. ,

.......•. .< .-: .~: ~ ....

j'

': .

·1",

.. ( ..

. ~

E. ... The .trainirig sessions required by p~iag'raph 15 shall include a minimum of two

. 'i

•

. !, ..

.',

_ hours of instruction,. All personnel, designated in Paragraph A shall both register

' .. ,-

" .
,.. ' I·
! .

• • and attend the training, The registry of attendance shall be retained by HOll.!u:in ,
Oil Company for tbe duration of this agreement.

F, The training sessions required by paragraph 15, at a minium shall include the

subjects of: what constitutes sex discrimination, including sexual harassment,

harassment based on gender, and retaliation; that sex discrimination in the hiring.
;
,firing, compensation, assignment or other terms, conditions or privileges of
i
employment and retaliation violates Title VII; how to prevent sex discrimination
I and retaI"latlon; how to provi'de a worken:v'ironment free from sex dIs"cn"mmawn.

sexull barassment and retaliation; and 10 whom and by what means employees may

comtlain if they feel they have been subjected to sex discrimination. sexnal

haralsment and retaliation in the workplace,

Imm~diatelY G,

following the training sessions. "onstein Oil Company's highest

ranking managerial official in New Mexico shall speak to the employees about:
I

(I) potential discipline that can be taken against supervisors, managers and

!

I

',',

employees who commit acts of sex discrinlination , sexual harassment or retaliation

or who allow sex discrimination, sexual harassment or retaliation to occur in the

workplace; (2) the importance of maintaining an environment free of sex

discrimination, sexual harassment and retaliation; and (3) the employer's policies
rega~ding sex discrimination, sexu~1 harassment and retaliation, This time shall not
\
be counted toward the two-hour ~inimum training required in paragraph 15 D,

H, For the duration of this agreement, at or around the time of bire, all employees
shall; view a video tape of the training andlor a: professional training tape which
cove~s the topics set forth in paragraph 15E and shall be given any written material
I
dissenlinated at the training, I
9

16.

• • I
The .commission, at its discretion. may designate Commission represematives to

!

attend and participdte in any of the training sessions described ahove.
I
17. Wit~in ten days of the emry of this agreement. Honstein Oil Company shall issue

I

.

appropriate disciplinary action to Peter Trujillo for his conduct in this matter. Appropriate

discipline inclUdes) at a minimum. a one week suspension without pay for Peter Trujillo.

Honstein Oil comJany shall advise the Conunission and the charging parties in writing of all

disciplinary actions taken pursuant to this agreement.

18. In the evem Peter Trujillo remains employed by Honstein Oil Company during the
I
first six months of this agreement, Honstein Oil Company shall require that Mr. Trujillo attend
!
at least three counse!,Iing sessions with a qualified counselor. therapist or psychologist to acquaim
him with the effects: of actual and/or perceived sexual harassmem upon the victim. Honstein Oil

Company' shall be responsible for paying for such counseling sessions but it shall not be obligated

to pay more than $300.00. In addition. Honstein Oil Company shall require that Peter Trujillo

attend all sexual harassment training sessions required for employees pursuant to this agreement.

REPORTING BY DEFENDANT AND ACCESS BY EEOC
. ,
19. Honstein Oil Company shall repon in writing and in affidavit form to the Regional

Attorney of the CO\nmission's Albuquerque District Office at 505 Marquette NW, Suite 900.

Albuquerque. New Mexico 87102-2189, twice in the first year Of the agreement. beginning six

! .

.

months from the datf of thefntry of this agreement, and ag~in after six mcmthons in the first year

i

'o,:

!.
Ii

of this agreement a;nd thereafter every twelve months for the duration of this agreemem the

I

'. .

following information:

A. Any lhanges, modifications, revocations, or revisions to its policies and procedures

, whiJ concern or affect the subject of sex discrimination, sexual harassment and
reta1I·1all.on.

10

8.

• • The;name, address, position, social securiry number and telephone number of any

, "'.

,

employee who during the six months preceding the repon has brought allegations

of s~x discrimination, harassment, or retaliation arising from activities in Honstein

Oil :Compariy's Jl!ew Mexico store locations or facilities against Honstein Oil

Company or its personnel, including but not limited to management officials.
I
; vendors, agents. or employees. The nature of the complaint, investigatory effons

made by Honstem Oil Company and the corrective action taken, if any, shall be I

i spe~itied ..

I,.

c. Thel registries of persons attending each of the seminar-training sessions required

!

. .

in phragraphs 13 and 15 of this agreement and a list of current employees on the

day.Iof the seml.nar-tram. m. g seSSi.On.
I .
D. An 1ffidavit by Honstein Oil Company's President stating: (I) the Notice required
I
in paragraph 14 of this agreement was posted and the locations where it was

postld, (2) any disciplinary or corrective actions involving Peter Trujillo and (3)

c~mplied '. it hJs

with paragraphs 13-19 of this Agreement.

20. The Commission upon reasonable notice shall have the right to enter and inspect

the premises of Honstein Oil Company's New Mexico store locations and facilities to insure
. I·.
compliance with this agreement and federal anti-discrimination laws.

';

.\
\

COSTS AND DURATION

. \ 21. Each party shall bear its costs and attorney's fees incurred as a result of this action
thr~Ugh th~ the filing bf this settlement agreement and entry of an Order of Dismissal in this

matter. 22.

The duration of this agreement shall be three (3) years from the date of the entry

of the Stipulation and Order of Dismissal in this maneT.
. I 11

• • ; 23. - - The Court shall retaiD jurisdiction of this action for the duration of this agreement. j

during which the C6rnmission may petition this Coun for compliance with this agreement. Should

Cou~ the

determiJ that Honstein Oil Company has not ctlmplied with this agreement, appropriate

-! relief. including eXtension of this agreement for such period as may be necessary to remedy its
. i."·

non-compliance: may be ordered.

24. This agreement shall expire by its own terms at the end of three (3) years after the
i
date of entry of thJ Order of Dismissal, without further action by the parties.
- -I - -
APPROVED AND CONSENTED TO:
I
C. GREGORY STEWART General Counsel Designate

GWEN DOLYN YOUNG REAMS Associate General Counsel

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 L Street, NW Washington, D.C. 20507

Regional Anorney
. i

FELKER, ISH, RITCHIE & GEER. P.A.
Attorneys at Law -
911 Old Pacos Trail
Santa Fe, New Mexico 87501
(?;j~ ,'(505988~
RANDOLPH B. FELKER
I I

C. EMANUEL SMITH Supervisory Trial Anorney
-EQUALEMPLOYMENT OPPORTUNITY COMMISSION
3300 N. Central Ave., Suite 690 Phoenix, Arizona 85012

kO~~~N~~1

LORETTAMEDINA

• "

Trial Attorney

12

;

•

Attorneys for Defendant for Honstein Oil Compkny, u/h/a
Chevron Xpress I
I

VERONICA A'OLINA Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Albuquerque District Office 505 Marquette NW, Suite 900 Albuquerque, New Mexico 87102-2189 (505) 248-5230
Attorneys for Plaintiff

13

.'

•

•

NOTICE TO ALL EMPLOYEES OF HONSTEIN OIL COMPANY
This Notice is posted pursuant to an Agreement entered into between Honstein Oil Company and the Equal Employment Opportunity Commission (EEOC).
It is unlawful ubder the federal law (Title VII of the Civil Rights Act) and state law to
discriminate ag~inst an' employee on the basis of sex in hiring, firing, compensation or other terms, and conditions or privileges of employment, including ~exual harassment.
I.
Honstein Oil <!:ompany prohibits all forms of sex discrimination, including sexual I
harassment. ~rohibited sexual harassment includes, but is not limited to, the following conduct.
1. uI nwelcome touchm. g of a senlal nature;
2. lmwelcome discussion of senlal jokes and sexual behavior; 3. ~nwelcome requests for dates, sexual favors and propositions; and 4. unwelcome distribution in the workplace of cartoons, pictures or
drawings of a seInal nature.
Honstein Oil Company shall not discriminate on the basis of sex and shall not retaliate against any employee who opposes a practice made unlawful under federal law, files, assists or participates in the filing of a charge of discrimination or participates in any investigation u~der Title VII, or who files a grievance alleging discrimination.

If you believe you arc being sexually harassed, discriminated against or retaliated against. you should report this to your supervisor for resolution or to Julie Haggerty, Honstein Oil Company's Re~ail Manger and designated investigative officer who may be contacted at (505) 228-8114, II Paseo Real, Santa Fe, New Mexico 87501.

If for any reason you believe your complaint of sexual harassment or retaliation may not be effective at your work place, YOU ARE ENCOURAGED TO CONTACT ROD HONSTEIN. PRESIDENT OF HONSTEIN OIL COMPANY, AT (505) 471-1800, 11 PASEO R~AL. SANTA FE. NEW MEXICO 87501.
i
If you believe )~ou have been discriminated against by Honstein Oil Company, you have the right to filela charge with the EEOC or the New Me~i.co Department of Labor.
. I You may contact them at:

I) Equal Employment Opportunity Commission (EEOC), 505 Marquette N.W., I Suite 900, Albuquerque, New Mexico 87102, 1-800-669-4000.

2)

The

I
New

Mexico

Department

of

Labo or, H~r rria'n

Rights

Division,

1596

Pacheco

I

Street, Suite 103. Santa Fe, New Mexico 87505, (505) 827-6838.

EXHffilT A