IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 06-cv-01915-EWN-BNB EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, ANDY MARTINEZ, Plaintiff-Intervenor, v. PROFESSIONAL TRANSIT MANAGEMENT LTD, LLC d/b/a SPRINGS TRANSIT, Defendant. _________________________________________________________________________________
INTERVENOR’S COMPLAINT AND JURY TRIAL DEMAND _________________________________________________________________________________
Plaintiff-Intervenor Andy Martinez respectfully submits the following Intervenor’s Complaint:
JURISDICTION AND VENUE 1) Jurisdiction of this Court is invoked under 28 U.S.C. §§ 1331, and 1337 and 1343. This
action is commenced under 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and Section 102 of the Civil rights Act of 1991, 42 U.S.C. § 1981(A). 2) The alleged unlawful employment practices were committed within the jurisdiction of the United States District Court for the District of Colorado.

PARTIES 3) Andy Martinez (“Plaintiff-Intervenor”) is and was at all times relevant to this Complaint, a
resident of the State of Colorado. 4) Plaintiff Equal Employment Opportunity Commission is an agency of the United States of
American charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to being this action by 706(f)(1) of Title VII, 42 U.S.C § 2000e-5(f)(1). 5) At all relevant times, Defendant has been a foreign corporation doing business in the State of Colorado and has continuously had at least fifteen employees. Defendant is engaged in the business of providing local and express bus transportation services in Colorado. 6) At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of 42 U.S.C. §§ 2000e (b), (g) and (h). 7) At all relevant times, Defendant was the Plaintiff-Intervenor’s employer within the meaning of Title VII.
STATEMENT OF CLAIMS 8) More than thirty (30) days prior to the filing of the lawsuit by the Plaintiff EEOC, Plaintiff-
Intervenor filed a Charge of Discrimination with the Commission alleging violations of Title VII by Defendant. Plaintiff-Intervenor has fulfilled all conditions precedent to the filing of this Intervenor’s Complaint. 9) Since at least January, 2003, Defendant has engaged in unlawful employment practices, in violation of 42 U.S.C. § 2000e-2(a)(1), by discriminating against Plaintiff-Intervenor. 10) Defendant hired Plaintiff-Intervenor on or about July 14, 2004, as a mechanic and he performed the duties of his position in a satisfactory manner.
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11) Beginning in or about August 2004, Plaintiff-Intervenor began hearing racial slurs in the workplace directed at Hispanics, African Americans and Asians.
12) On or about August 2004, some of Plaintiff-Intervenor’s white co-workers continually made racial slurs in his presence and some of the derogatory comments involved references to “gassing” and “shooting” members of minority groups, including Hispanics, African Americans and Asians.
13) On or about August 2004, some of Plaintiff-Intervenor’s white co-workers stated that it should not be against the law to shoot “[n-words], Mexicans, and chinks” and that “we should be able to just line them up and shoot them down,” and, “I hate them ‘[n-words]’”.
14) On or about August 2004, Plaintiff-Intervenor’s co-workers made comments such as, “If [nwords] don’t like the way they are treated in America, get on a boat and go back to Africa” and “If I had my way, I’d gas them (African Americans) like Hitler did the Jews.”
15) On or about August 2004, Plaintiff-Intervenor confronted his white co-workers about these comments and they stated that they had a “deep hatred” for minorities.
16) On or about August 2004, some of Plaintiff-Intervenor’s white co-workers also discussed target shooting and were known by Plaintiff to keep guns in their possession.
17) The discriminatory and hostile comments made by Plaintiff-Intervenor’s co-workers were condoned and participated in by Pete Faria, Maintenance Supervisor.
18) Pete Faria is white. 19) The discriminatory and hostile comments by Plaintiff-Intervenor’s co-workers were so
pervasive and severe that Plaintiff-Intervenor and other minority employees became fearful of their personal safety while on the job.
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20) On or about August 2004, Plaintiff-Intervenor complained to Glenn Cross, EEO Manager, about the hostile environment but the discriminatory and hostile comments did not cease.
21) Glen Cross is white. 22) On or about October 2004, another white co-worker repeatedly used the word “[n-word]”
referring to African Americans and stated that his “neighborhood was going to shit because of a clan of Mexicans that were moving in next door.” 23) On or about November 2004, one of Plaintiff-Intervenor’s white co-worker stated, “I would shoot every Mexican crossing the border, women and children included.” 24) On or after November 2004, one of Plaintiff-Intervenor’s African American co-employees overheard the threatening comments and wrote to management about the racial harassment and his fear of workplace violence based on race, but the harassment and hostile environment did not cease. 25) On or about December 2004, Plaintiff-Intervenor again complained to management about the racial environment and threats but the harassment and hostile environment did not cease. 26) On or about February 2005, Plaintiff-Intervenor again complained to management about the racial comments and threats, but the harassment and hostile environment did not cease. 27) Despite the complaints of Plaintiff-Intervenor and others about the hostile work environment, management failed to take sufficient measures to stop the harassment and hostile environment. 28) All of Plaintiff-Intervenor’s managers at the time of these incidents were white.
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29) Management specifically and initially failed to allow Plaintiff-Intervenor a particular advanced mechanic position and failed to grant Plaintiff-Intervenor the pay raise that would accompany such a promotion.
30) The effect of the practices complained of in the foregoing paragraphs has been to deprive Plaintiff-Intervenor of equal employment opportunities, including but not limited to opportunities for advancement and pay raises, and otherwise adversely affect his status as an employee because of his race, color, and/or national origin.
31) Because of Plaintiff-Intervenor’s national origin (Hispanic) and race and color, Defendant denied Plaintiff-Intervenor of equal employment opportunities, including but not limited to opportunities for advancement and pay raises, and otherwise adversely affected his status as an employee.
32) As a result of Defendant’s actions, Plaintiff-Intervenor has suffered damages, including but not limited to emotional distress, lost past and future earnings and benefits, and other expenses, in amounts subject to proof.
33) The unlawful employment practices complained of in the foregoing paragraphs were and are intentional.
34) The unlawful employment practices complained of above were committed with malice or with reckless disregard for the Plaintiff-Intervenor’s federally protected rights. PRAYER FOR RELIEF Wherefore, Plaintiff-Intervenor respectfully requests that this Court:
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35) Order the Defendant to make Plaintiff-Intervenor whole by providing compensation for past, and future pecuniary losses incurred as a result of the unlawful employment practices described above, in amounts to be determined at trial.
36) Order the Defendant to make Plaintiff-Intervenor whole by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
37) Order Defendant to pay Plaintiff-Intervenor punitive damages for its malicious and reckless conduct complained of above in amounts to be determined at trial.
38) Award Plaintiff-Intervenor his costs and attorneys fees in this action, pursuant to 42 U.S.C. § 2000e-5(k).
39) Grant such further relief as the Court deems necessary and proper. JURY TRIAL DEMAND
Plaintiff-Intervenor requests a jury trial on all questions of fact raised by his Complaint. Dated this 14th day of December, 2006.
Respectfully submitted, _s/Matthew S. Martin_______________ Matthew S. Martin Law Office of Matthew S. Martin 503 N. Main Street, Suite 600 Pueblo, Colorado 81003 (719) 545-0027 matthew@mattmartin.com Attorney for Plaintiff
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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 06-cv-01915-MSK-MJW EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and ANDY MARTINEZ,
Plaintiff-Intervener, v. PROFESSIONAL TRANSIT MANAGEMENT, LTD, LLC d/b/a SPRINGS TRANSIT
Defendant. CONSENT DECREE
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RECITALS 1. This matter was instituted by Plaintiff, Equal Employment Opportunity Commission ("Commission" or "Plaintiff' or "EEOC"), an agency of the United States government, alleging that Defendant, Professional Transit Management, Ltd. d/b/a Springs Transit (Professional Transit Management), unlawfully discriminated against Andy Martinez and a class of employees and former employees on the basis of a hostile work environment based on color and race (African American) and national origin (Hispanic, Asian) in violation of Title VII of the Civil Rights Act of 1964 (Title VII). Furthermore, the Commission alleges Defendant was aware of the hostile work environment and failed to take effective measures to stop it. Martinez has intervened in this case and has made substantially the same allegations as the EEOC. Collectively, the EEOC, Defendant, and Martinez will be called "the Parties." Defendant has denied any liability for the claims as alleged. 2. The Parties, desire to settle this action by an appropriate Consent Decree ("Decree"), and agreements between Defendant and its present and former employees. The Parties agree to the jurisdiction of this Court over the Parties and the subject matter of this action, and agree to the power of this Court to enter a Consent Decree enforceable against Defendant. 3. This Decree is final and binding upon the Parties as to the issues resolved, as well as upon their successors and assigns. 4. The Parties agree that this Consent Decree fairly resolves the issues alleged in this lawsuit, and constitutes a complete resolution of all of the Commission's claims of unlawful employment practices under Title VII arising from this litigation and the charges as follows: Ronnie Huery, Charge # 541-2006-01134; Harry Wallace, Charge #541-2006-01125; Eli Jackson, Charge#541-2006-0092I; Andy Martinez Charges 541-2006-02256 and

320-2005-00735. For the purpose of amicably resolving disputed claims, the Defendant joins with the Commission and Plaintiff Intervener in requesting this Court to adjudge as follows: 5. This Consent Decree resolves all claims alleged in this lawsuit, including backpay, front pay, compensatory and punitive-damages, interest, injunctive relief, attorneys' fees and costs and any other claims that may be raised out of the issues in this lawsuit.
JURISDICTION 6. The Court has jurisdiction over the Parties and the subject matter of this lawsuit. The Court shall retain jurisdiction of this action for the duration of the Consent Decree for the purposes of entering all orders, judgments, and decrees which may be necessary to implement the relief provided herein.
GENERAL PROVISIONS 7. Scope. This Consent Decree covers all Professional Transit Management's employees. 8. Term of Consent Decree. This Consent Decree shall remain in effect for three (3) years after the Effective Date. In the event the terms and obligations outlined in this Consent Decree are not completed within the term, the EEOC and Defendant Professional Transit Management shall meet and confer concerning all matters that are alleged to constitute noncompliance. The Commission reserves the right to file an enforcement action under Section VIII ("Enforcement of Consent Decree") of this Consent Decree to extend the Consent Decree for whatever period is necessary to allow Professional Transit Management to comply fully with the terms of this Consent Decree.
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9. Compliance with Federal EEO Law. Nothing in this Consent Decree shall be construed to limit or reduce Professional Transit Management's obligation to comply with the statutes enforced by the Commission. 10. Effect of Consent Decree. This Consent Decree is final and binding upon the Parties as to the issues resolved, as well as upon their successors and assigns. Professional Transit Management's compliance with this Consent Decree will fully and completely resolve all issues of law and fact which could be raised by the Commission, Martinez or any "Class Member," including Tom Hitt, Gary LeDoux, Elie Jackson, Ronnie Huery and Harry Wallace, arising out of the below-referenced charges and this litigation against Defendant Professional Transit Management. 11. Complete Consent Decree. This Consent Decree constitutes the complete understanding among the Parties with respect to the matters herein. The Parties agree that this Consent Decree resolves all issues raised in EEOC Charge Numbers 320-200500735, 541-2006-00921, 541-2006-01125, 541-2006-01134, 541-2006-02256, and 5412006-01869, and the issues alleged by EEOC and Martinez in this lawsuit, and constitutes a complete resolution of all the claims of EEOC, Martinez, Hitt, LeDoux, Jackson, Wallace and Huery, against Defendant Professional Transit Management of unlawful employment practices under Title VU. 12. Severability. If one or more provisions of this Consent Decree are rendered unlawful or unenforceable by act of Congress or by decision of the United States Supreme Court, the EEOC and Defendant Professional Transit Management shall attempt to agree upon what amendments to this Consent Decree, if any, are appropriate
3

to effectuate the purposes of this Consent Decree. In any event, the unaffected provisions will remain enforceable.
AFFIRMATIVE RELIEF 13. Notice and Posting of Consent Decree Notice.
a. Posting. Within thirty (30) days of the Effective Date of this Consent Decree, Professional Transit Management shall conspicuously post the Notice to Employees attached hereto as Exhibit A, on the Human Resources bulletin board. 14. No Discrimination. Professional Transit Management shall not discriminate against any employee or applicant in hiring, promotions, pay, assignment of duties, performance evaluation, discipline, terms, or knowingly subject an employee to a hostile work environment, because of national origin, race and/or color. Professional Transit Management shall consider all African American, Hispanic, and Asian applicants on the same basis as all other applicants. Professional Transit Management shall afford all African American, Hispanic, and Asian employees the same training and conditions of employment it affords all other employees in similar positions including fair and nondiscriminatory testing for promotions. 15. No Retaliation. Professional Transit Management shall not retaliate against any current or former employee or Class Member for his or her participation in the EEOC process, for participation in the investigation by the EEOC into this matter, for participation in this lawsuit, or for asserting any rights under this Consent Decree.
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16. EEO Manager.

a. Professional Transit Management will designate an EEO Manager to oversee

Professional Transit Management's compliance with and implementation of this

Consent Decree.

b. The EEO Manager will be responsible for:

•

coordinating Professional Transit Management's compliance with

anti-discrimination laws;

•

monitoring Professional Transit Management's compliance with

this Consent Decree;

•

maintaining records to be preserved under Paragraph 23

("Reporting and Recordkeeping") of this Consent Decree;

•

submitting the reports required under Paragraph 24 ("Reporting and

Recordkeeping"); and

•

assisting in development and implementation of Professional

Transit Management's EEO Training Program, as required under

the following Section ("EEO Training") of this Consent Decree.

17. EEO Training.

a. Development of EEO Training Program. Within 20 (twenty) days of the

Effective Date of this Consent Decree, Professional Transit Management shall submit to

the EEOC an EEO training program for non-supervisory employees, supervisory

employees, and human resource employees. Each training program will include the

following information: (i) a detailed agenda; (ii) curriculum vitae(s) for the

individual(s) who will conduct the training; (iii) a plan to ensure that all employees

5

receive the required training. Any dispute between Professional Transit Management

and EEOC as to the adequacy of the Training Program shall be resolved under the

informal resolution procedures set forth below.

b. Amount of Training Required.

•

Non-Supervisory Employees. Professional Transit Management

will provide its non-supervisory employees at least two (2) hours of

EEO training during the first year of this Consent Decree and an

additional one (I) hour of training will be provided in each of the

following two years. This training may be by videotape or

computer presentation and may be made by qualified Professional

Transit Management human resource employees.

•

Supervisory Employees. Professional Transit Management will

provide its supervisory employees at least four (4) hours of EEO

training during the first year of this Consent Decree and an

additional four (4) hours of training will be provided in each of the

following two years.

•

Human Resource Employees. Professional Transit Management

will provide its human resource managers and directors at least

eight (8) hours of EEO training within the first year of this Consent

Decree and an additional eight (8) hours of training will be

provided in the following year.

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•

Required Subjects of Training. At a minimum, the EEO training

programs shall include the following:

instruction on the requirements of all applicable equal

employment opportunity laws including, but not limited to

Title VII of the Civil Rights Act of 1964, as amended, the

Age Discrimination in Employment Act, and the American~

with Disabilities Act;

a review of Defendant Professional Transit Management

Corporation's non-discrimination employment policies;

the prohibition on retaliating against any employee who

complains about discrimination against himself or others, or

participates in an investigation of a discrimination

complaint;

training for supervisors, managers and human resource

employees shall include instruction on how to recognize

complaints of discrimination and how to recognize

inappropriate behavior in the workplace. It will emphasize

the company's obligation to take prompt action in response

to discrimination complaints, and emphasize the Human

Resource Emp loyee's role in conducting investigations and

responding to and implementing discipline.

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18. Additional Training. During the first year of this Consent Decree, Professional Transit Management will
request its successor, Laidlaw, to provide at least one (I) hour of training for employees who grade tests for mechanic positions to enable them to conduct and score tests for advancement to mechanic positions in an objective, fair, and nondiscriminatory manner. 19. Modification and Implementation of EEO Policies and Procedures.
a. Review of Policies. During the first year of this Consent Decree, Professional Transit Management will issue or reissue policies implementing a Zero Tolerance Statement, Policy Statement on a Harassment-Free Workplace and Reaffirmation of Equal Employment Opportunities Policy. After making these revisions or additional policies, Defendant Professional Transit Management will send a copy to the EEOC.
b. EEOC Input Not a Waiver. Under no circumstances shall the EEOC, by commenting or electing not to comment upon Professional Transit Management's proposed changes or amendments, be deemed to have waived its right to investigate or litigate any alleged adverse effects of said policy upon equal employment opportunities.
MONETARY RELIEF 20. Class Monetary Relief.
a. Class Settlement Amount In full settlement of all monetary claims of the Charging Parties and/or Class Members as set out in Exhibit B, attached, including Martinez, Defendant Professional Transit Management shall pay the sum of $450,000.00 ("Class Settlement Funds"), to be distributed as listed on Exhibit C. All of the damages going to the Class Members shall be for compensatory damages.
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b. Distribution. Twenty (20) days after the Consent Decree is entered and ordered, Defendant Professional Transit Management shall disburse the Class Settlement Funds to the Claimants and/or Class Members in accordance with Exhibit C. Professional Transit Management will send these checks to Claimants and/or Class Members via certified mail or overnight mail, with a copy of the check mailed to EEOC counsel. Defendant will not condition the receipt of individual relief on the class members' agreement to (a) maintain as confidential the terms of this decree, (b) waive his or her statutory right to file a charge with any federal or state anti-discrimination agency, or (c) waive his or her right to apply for a position with the Defendant.
c. Taxes. Defendant shall prepare and distribute tax-reporting forms to Martinez and each Class Member/Claimant who receives payment under this Consent Decree. Distribution to the Class Members/Claimants will be made on an IRS form 1099. Defendant Professional Transit Management shall make appropriate reports to the Internal Revenue Service and other tax authorities.
REPORTING AND RECORD KEEPING 21. Document Preservation.
a. Records. For the duration of the Consent Decree, Professional Transit M,anagement agrees to maintain such records as are necessary to demonstrate its compliance with this Consent Decree and verify that the reports submitted are accurate, including but not limited to the documents specifically identified below.
b. Retention. During the term of the Consent Decree, Professional Transit Management shall retain the following hard-copy and computer records:
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•

all complaints (if any) of its employees of discrimination or

harassment based upon national origin, race or color, and all non-

privileged records of the investigation of those complaints,

including any action taken as a result of an investigation;

•

all complaints (if any) of its employees of retaliation based on

national origin, race or color, and all non-privileged records of the

investigation of those complaints, including any action taken as a

result of an investigation.

22. Reports.

a. Initial Report. Within thirty (30) days of the Effective Date of this Consent

Decree, Professional Transit Management shall provide the EEOC with verification of

what actions have been taken or will be taken that all supervisors and human resource

employees with authority over people employed by Professional Transit Management,

have attended training on the terms and provisions of this Consent Decree.

b. Periodic Reports.

•

During the term of this Consent Decree, the EEO Manager shall

submit semi-annual reports to the EEOC. With each report, the

EEO Manager shall submit documentation related to this Consent

Decree.

•

The first reporting period will begin on the Effective Date of this

Consent Decree, and will end on December 31, 2007. Each

subsequent reporting period will be six (6) calendar months, for

example, June 30, 2008 and December 31, 2008.

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•

Each report shall contain the following information for the relevant

reporting period:

copies of all complaints, formal or informal, of national

origin, race or color discrimination, harassment or retaliation

made by Defendant's employees, and copies of the non-

privileged investigative files relating to each complaint;

copies of all action or discipline taken as a result of the

complaints above; and

verification of employee attendance for all EEO training

conducted during the reporting period.

ENFORCEMENT OF CONSENT DECREE

23. Enforcement by EEOC. It is expressly agreed that if EEOC concludes that

Professional Transit Management has breached this Consent Decree, EEOC may initiate

an action in this Court, after complying with the informal resolution procedures set

forth in Paragraph 24, below.

24. Requirement of Informal Resolution Efforts. Prior to initiating an action to

enforce the Consent Decree, the EEOC will provide written notice to Defendant

Professional Transit Management and the EEO Manager, of the nature of the dispute.

This notice shall specify the particular provision(s) believed to have been breached and

a statement of the issues in dispute. The notice may also include a reasonable request for documents or information relevant to the dispute. The partie~ shall have ten days to

informally resolve the dispute before any formal action is taken.

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MISCELLANEOUS PROVISIONS 25. Implementation. The Commission and Defendant Professional Transit Management agree to take all steps that may be necessary to fully effectuate the terms of this Consent Decree. 26. Notice. Arty notice, report, or communication required under the provisions of this Consent Decree shall be sent by overnight mail, postage prepaid, and by e-mail, to the appropriate representatives of the Commission and Professional Transit Management as follows:
Regional Attorney Phoenix District Office 3300 N. Central Ave. Phoenix, Arizona 85012 Nancy A. Weeks, Esq. Denver Field Office Equal Employment Opportunity Commission 303 E. 17th Avenue, Suite 510 Denver, Colorado 80203 e-mail: nancy.weeks@eeoc.gov
and to Defendant Professional Transit Management Corporatioq as follows: Professional Transit Management, Ltd. Attn: Tom Hock, Esq. 6405 Branch Hill-Guinea Pike, #203 Loveland, OH 45140
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SIGNATURES

APPROVED AS TO FORM:

SHERMAN & HOWARD L.L.C.

MARY JO O'NEILL Regional Attorney
NANCY A. WEEKS Supervisory Trial Attorney (303) 866-1947
ANN FULLER Trial Attorney (303) 866-1319 Equal Employment Opportunity Commission 303 E. 17th Avenue, Suite 510 Denver, Colorado 80203

Attorney for Professional Transit Management
Ma t ew Martin Atto ney for Interven r Martinez and Class Members Wallace, Hueryand Jackson

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SIGNATURES

APPROVED AS TO FORM:

SHERMAN & HOWARD L.L.C.

MARY JO O'NEILL Regional Attorney
'~Qrr~~ NANCY A. EEKS SupervIsory nal Attorney (303) 866-1947
ANN FULLER Trial Attorney (303) 866-1319
Equal Employment Opportunity Commission 303 E. 17th Avenue, Suite 510 Denver, Colorado 80203

Glenn H. Schlabs Attorney for Professional Transit Management
Matthew Martin Attorney for Intervener Martinez and Class Members Wallace, Huery and Jackson

13

EXHIBIT A NOTICE TO EMPLOYEES
This Notice is being posted as part of the remedy agreed to pursuant to a Consent Decree
between Professional Transit Management and the u.s. Equal Employment Opportunity
Commission (EEOC). Unlawful Discrimination: Under federal law, it is unlawful for an employer to discriminate based on race, color, religion, sex, national origin, age (over 40), or disability. This means that a supervisor or manager cannot make decisions about hiring, promotion, pay, or other conditions of employment, based on race, color, religion, sex, national origin, age (over 40), or disability. This also means that the work environment should be free from harassment or ridicule based on race, color, religion, sex, national origin, age (over 40), or disability. Unlawful Retaliation: Retaliation against a person who files a charge of discrimination, participates in an investigation, or opposes an unlawful employment practice is prohibited. Reporting Improper Conduct: If you are aware of any events, conduct, or information, which you believe may indicate some improper discrimination or harassment, it is very important that you report the information so the necessary steps may be taken to investigate, identify, and promptly remedy any problems. You may report such improper to conduct to any of the following: Reporting to Professional Transit Management: Within the Professional Transit Management organization, you may make such a report to any employee in the Human Resource Department, any manager or supervisor. By reporting a problem to Professional Transit Management, you do not waive any rights to file a charge of discrimination with the EEOC or the Colorado Civil Rights Division. Reporting to the EEO Manager: Under the Consent Decree between EEOC and Professional Transit Management, ------------has been designated as an EEO Manager to ensure

enforcement of the Consent Decree. By reporting a problem to the EEO Coordinator, you do not waive any rights to file a charge of discrimination with the EEOC or the Colorado Civil Rights Division. You may directly contact the EEO Manager: You may also contact ------------------- at: Reporting to the U.S. Equal Employment Opportunity Commission: The EEOC is responsible for enforcing federal laws prohibiting employment discrimination based on race, color, religion, sex, national origin, age (over 40), or disability. You may directly contact the Denver Field Office of the EEOC:
303 East 17th Avenue, Suite 510 Denver, Colorado 80205 Telephone: 303-866-1300 TTY: 303-866-1950 Fax: 303-866-1085 Toll Free: 1-800-669-4000
Reporting to the Colorado Civil Rights Division: The CCRD is the agency responsible for enforcing state laws prohibiting employment discrimination based on race, color, religion, sex, national origin, age (over 40), or disability. You may directly contact the Colorado Civil Rights Division:
1560 Broadway, Suite 1050, Denver, Colorado 80202 Telephone: 303-894-2997 Toll Free: 800-262-4845
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1. Andy Martinez 2. Thomas Hitt 3. Elie Jackson 4. Ronnie Huery 5. Harry Wallace 6. Gary LeDoux

EXHIBITB

EXHIBITC
1. Andy Martinez- $95,337.00 2. Thomas Hitt-$64,152.00 3. Elie Jackson-$95,337.00 4. Ronnie Huery-$95,337.00 5. Harry Wallace-$95,337.00 6. Gary LeDoux-$4,500.00

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. PROFESSIONAL TRANSIT MANAGEMENT LTD, LLC d/b/a SPRINGS TRANSIT
Defendant.
COMPLAINT AND JURY TRIAL DEMAND
NATURE OF THE ACTION This action arises under Title VII of the Civil Rights Act of 1964 (“Ti tle VII”) to correct unlawful employment practices on the basis of a hostile work environm ent for a class of employees based on color and race (African American) and national origin (Hispanic, Asian) and to provide appropriate relief to Andy Martinez (“Martinez”), and other sim ilarly situated employees and former employees of Defendant, PROFESSIONAL TRANSIT MANAGEMENT, LTD LLC d /b/a SPRINGS TRANSIT , who were advers ely affected by such practices. As set forth below, the Equal Em ployment Opportunity Commission (EEOC or Commission) alleges that Defendant discriminated against Martinez and a class of sim ilarly situated individuals by subjecting them hostile work environment because of national origin, race, and color in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a).
Page 1 of 7

JURISDICTION AND VENUE

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 706(f)(1) and (3) of Title VII

of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3), and Section 102

of the Civil Rights Act of 1991, 42 U.S.C. § 1981(A).

2. The alleged unlawful employment practices were committed within the

jurisdiction of the United States District Court for the District of Colorado.

PARTIES

3. Plaintiff, Equal Employment Opportunity 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 706(f)(1) of Title VII, 42 U.S.C. §

2000e-5(f)(1).

4. At all relevant times, Defendant has continuously been a Colorado corporation

doing business in the State of Colorado and has continuously had at least fifteen employees.

Defendant is engaged in the business of providing local and express bus transportation services

in Colorado.

5. At all relevant times, Defendant has continuously been 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).

STATEMENT OF CLAIMS

6. More than thirty days prior to the institution of this lawsuit, Martinez filed a

charge of discrimination with the Commission alleging violations of Title VII by Defendant. All

Page 2 of 7

conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least January, 2003, Defendant has engaged in unlawful employment
practices, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1), by discriminating against Martinez and a class of similarly situated individuals by subjecting them to a hostile work environment because of race and color (African American) and national origin (Hispanic, Asian).
8. Martinez was hired by Defendant on or about July 14, 2004, as a mechanic and performed the duties of his position in a satisfactory manner.
9. Beginning in or about August 2004, Martinez began hearing racial slurs directed at Hispanics, African Americans, and Asians.
10. On or about August 2004, Martinez’ co-workers continually made racial slurs and some of the derogatory comments involved references to “gassing” and “shooting” members of minority groups including Hispanics, African Americans, and Asians.
11. On or about August 2004, Martinez’ co-workers stated that it should not be against the law to shoot “[n-words], Mexicans, and chinks” and that “we should be able to just line them up and shoot them down,” and, “I hate them “ [n-words]”.
12. On or about August 2004, Martinez’ co-worker made comments such as, “ If [nwords] don’t like the way they are treated in America, get on a boat and go back to Africa” and “If I had my way, I’d gas them (African Americans) like Hitler did the Jews.”
13. On or about August 2004, Martinez confronted his co-workers about these comments and they stated that they had a “deep hatred” for minorities.
14. On or about August 2004, Martinez’ co-workers also discussed target shooting
Page 3 of 7

and were known to keep guns in their possession. 15. The discriminatory and hostile comments made by Martinez’ co-workers were
condoned and participated in by Pete Faria, Maintenance Supervisor. 16. The discriminatory and hostile comments by Martinez’ co-workers were so
pervasive and severe that Martinez and other minority employees became fearful of their personal safety while on the job.
17. On or about August 2004, Martinez complained to Glenn Cross, EEO Manager about the hostile environment but it did not cease.
18. On or about October 2004, another co-worker repeatedly used the word “[nword]” referring to African Americans and stated that his “neighborhood was going to shit because of a clan of Mexicans that were moving in next door.”
19. On or about November 2004, Martinez’ co-worker stated, “I would shoot every Mexican crossing the border, women and children included.”
20. On or after November 2004, an African American employee overheard the threatening comments and wrote to management about the racial harassment and his fear of workplace violence based on race but the harassment and hostile environment did not cease.
21. On or about December 2004, Martinez again complained to management about the racial environment and threats but the harassment and hostile environment did not cease.
22. On or about February 2005, Martinez again complained to management about the racial comments and threats but the harassment and hostile environment did not cease.
23. Despite the complaints of Martinez and others about the hostile work environment, management failed to take sufficient measures to stop the harassment and hostile
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environment. 24. The effect of the practices complained in paragraphs 7 through 23 above has been
to deprive Martinez and others of equal employment opportunities and otherwise adversely affect their status as employees because of their race, color, and/or national origin.
25. Because of their national origin (Hispanic, Asian) and race and color (African American, black), Defendant denied Martinez and other similarly situated current and former employees equal employment opportunities and otherwise adversely affected their status as employees.
26. As a result of Defendant’s actions, Martinez and a class of similarly situated individuals has suffered damages, including but not limited to emotional distress, lost earnings and benefits, and other expenses, in amounts subject to proof.
27. The unlawful employment practices complained of in the foregoing paragraphs were and are intentional.
28. The unlawful employment practices complained of above were committed with malice or with reckless disregard for the federally protected rights of Martinez and a class of similarly situated current and former employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining the Defendant, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of national origin, race and/or color.
B. Order the Defendant to institute and carry out policies, practices and programs
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which provide equal employment opportunities for Hispanic, Asian and African American

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

practices.

C. Order the Defendant to make whole Martinez, and a class of similarly situated

individuals by providing compensation for past, and future pecuniary losses incurred as a result

of the unlawful employment practices described above, in amounts to be determined at trial.

D. Order the Defendant to make whole Martinez and a class of similarly situated

individuals, by providing compensation for past and future nonpecuniary losses resulting from

the unlawful practices complained of above, including emotional pain, suffering, inconvenience,

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

E. Order Defendant to pay punitive damages for its malicious and reckless conduct

complained of above in amounts to be determined at trial.

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

G. Award the Commission its costs in this action.

JURY TRIAL DEMAND

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

Dated: September 26, 2006

Respectf

ully submitted,

RONALD S. COOPER General Counsel

Associate

JAMES LEE General Counsel

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

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LYNN

1801 L Street, N.W. Washington, D.C. 20507

MARY JO O’NEILL Regional Attorney Phoenix District Office

s/Nancy A. Weeks NANCY A. WEEKS Supervisory Trial Attorney 303-866-1947 nancy.weeks@eeoc.gov
s/Ann Fuller ANN FULLER Senior Trial Attorney EEOC Denver Field Office 303 E. 17th Ave., Suite 510 Denver, CO 80203 303-866-1319 ann.fuller@eeoc.gov

s/Lynn L. Palma

L. PALMA

Senior

Trial Attorney

303-866-1374

lynn.palma@eeoc.gov

PLEASE NOTE: It is sufficient for purposes of service on the Plaintiff Equal Employment Opportunity Commission that pleadings, notices, and any other court document be served upon the Trial Attorney. Therefore, duplicate service is not required on the General Counsel or Deputy General Counsel located in Washington, D.C.

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ALLMTN, TERMED
U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:06-cv-01915-MSK-MJW

Equal Employment Opportunity Commission v. Professional Transit Management LTD, LLC Assigned to: Judge Marcia S. Krieger Referred to: Magistrate Judge Michael J. Watanabe Cause: 42:2000no Job Discrimination (National Origin)

Date Filed: 09/26/2006 Date Terminated: 05/22/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Ann Louise Fuller Equal Employment Opportunity Commission-Colorado 303 East 17th Avenue #510 Denver, CO 80203 303-866-1319 Fax: 303-866-1375 Email: ann.fuller@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lynn L. Palma Equal Employment Opportunity Commission-Colorado 303 East 17th Avenue #510 Denver, CO 80203 303-866-1374 Fax: 303-866-1375 Email: lynn.palma@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nancy A. Weeks Equal Employment Opportunity Commission-Colorado 303 East 17th Avenue #510 Denver, CO 80203 303-866-1947 Fax: 303-866-1375 Email: nancy.weeks@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Intervenor Plaintiff Andy Martinez
V. Defendant Professional Transit Management LTD, LLC doing business as Springs Transit
Intervenor Defendant Professional Transit Management LTD, LLC doing business as Springs Transit

represented by Matthew S. Martin Matthew Martin, Law Offices of 503 North Main Street #600 Pueblo, CO 81003 719-545-0027 Fax: 719-583-8217 Email: matthew@mattmartin.com ATTORNEY TO BE NOTICED
represented by Glenn H. Schlabs Sherman & Howard, L.L.C.-Colorado Springs 90 South Cascade Avenue #1500 Colorado Springs, CO 80903 719-475-2440 Fax: 719-635-4576 Email: gschlabs@sah.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patrick John Miller Sherman & Howard, L.L.C.-Denver 633 Seventeenth Street #3000 Denver, CO 80202 303-299-8354 Fax: 298-0940 Email: pmiller@sah.com ATTORNEY TO BE NOTICED
represented by Patrick John Miller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/26/2006

#

Docket Text

1 COMPLAINT and Jury Trial Demand against Professional Transit Management LTD, LLC Summons Issued, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(pap, ) (Entered: 09/27/2006)

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10/02/2006 10/02/2006
10/02/2006 10/23/2006 11/07/2006 12/05/2006 12/06/2006 12/06/2006 12/11/2006 12/14/2006 12/18/2006

2 ORDER REFERRING CASE to Magistrate Judge Michael J. Watanabe by Judge Krieger. (erv, ) (Entered: 10/02/2006)
3 ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS IT IS ORDERED that, within 30 days after judgment is entered, counsel for the parties shall obtain from the Court any exhibits and depositions used during this case. Counsel shallretain same for 60 days beyond the later of the time to appeal or conclusion of all appellate proceedings. Failure to retrieve the exhibits and depositions in this matter in conformance with this Order may result in their destruction. Signed by Judge Marcia S. Krieger on 10/2/06. (erv, ) (Entered: 10/02/2006)
4 Amended ORDER of Reference to Magistrate Judge and Letter to Counsel re: 2 Order Referring Case to Magistrate Judge. Signed by Judge Marcia S. Krieger on 10/2/06. (gms, ) (Entered: 10/03/2006)
5 ORDER setting Scheduling/Planning Conference: Scheduling Conference set for 12/18/2006 08:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Signed by Magistrate Judge Michael J. Watanabe on 10/23/06. (dln, ) (Entered: 10/23/2006)
6 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Professional Transit Management LTD, LLC waiver sent on 10/24/2006, answer due 12/26/2006. (Fuller, Ann) (Entered: 11/07/2006)
7 Unopposed MOTION For Extension of Time to Extend Deadlines by Defendant Professional Transit Management LTD, LLC. (Schlabs, Glenn) (Entered: 12/05/2006)
8 MEMORANDUM regarding 7 Unopposed MOTION For Extension of Time to Extend Deadlines by Defendant. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Marcia S. Krieger on 12/6/06. (Text Only Entry - No Document Attached)(dln, ) (Entered: 12/06/2006)
9 MINUTE ORDER denying 7 Unopposed MOTION For Extension of Time to Extend Deadlines by Defendant by Magistrate Judge Michael J. Watanabe on 12/6/06.(dln, ) (Entered: 12/06/2006)
10 Proposed Scheduling Order by Plaintiff Equal Employment Opportunity Commission, Defendant Professional Transit Management LTD, LLC. (Schlabs, Glenn) (Entered: 12/11/2006)
11 MOTION to Intervene by Interested Party Andy Martinez. (Attachments: # 1 Proposed Document Intervenor's Complaint and Jury Trial Demand# 2 Proposed Order (PDF Only) Order Granting Motion for Intervention as Party Plaintiff)(Martin, Matthew) (Entered: 12/14/2006)
12 PRE-TRIAL PREPARATION AND TRIAL SETTING ORDER-CIVIL: Five (5) Day Jury Trial set for 1/5/2009 01:00 PM in Courtroom A 901 before Judge Marcia S. Krieger. This setting is a first position setting. Rule 702 motions filed by 8/20/07. Final Pretrial Conference set for 10/3/2008 04:00 PM before Judge Marcia S. Krieger. Trial is scheduled for 1/5/2009 at 1:00 p.m. Signed by Judge Marcia S. Krieger on 12/18/06. (dln, ) (Entered: 12/18/2006)

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12/18/2006 12/18/2006
12/22/2006 12/22/2006 12/26/2006
01/02/2007
01/04/2007 01/11/2007 01/11/2007 01/11/2007 01/12/2007 01/26/2007 01/30/2007 03/01/2007

13 Minute Entry for proceedings held before Judge Michael J. Watanabe : Scheduling Conference held on 12/18/2006. (Court Reporter FTR - Shelley Moore.) (dln, ) (Entered: 12/18/2006)
14 SCHEDULING ORDER: Discovery due by 7/20/2007.,Dispositive Motions due by 8/20/2007., Settlement Conference set for 3/13/2007 01:30 PM before Magistrate Judge Michael J. Watanabe. Signed by Magistrate Judge Michael J. Watanabe on 12/18/06. (dln, ) (Entered: 12/18/2006)
15 MOTION to Stay Case by Defendant Professional Transit Management LTD, LLC. (Attachments: # 1 Exhibit A-1# 2 Exhibit A-2)(Schlabs, Glenn) (Entered: 12/22/2006)
16 ANSWER to Complaint and Jury Trial Demand, by Professional Transit Management LTD, LLC.(Schlabs, Glenn) (Entered: 12/22/2006)
17 MEMORANDUM regarding 11 MOTION to Intervene by Interested Party Andy Martinez. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Marcia S. Krieger on 12/22/06. (Text Only Entry - No Document Attached)(dln, ) (Entered: 12/26/2006)
18 ORDER granting 11 Motion to Intervene as Party Plaintiff. Intervenor's complaint to be refiled with the court by 1/8/07. Plaintiff Intervenor to serve defendant no later than 1/31/07. Signed by Magistrate Judge Michael J. Watanabe on 1/2/07.(gms, ) (Entered: 01/02/2007)
19 INTERVENOR COMPLAINT against Professional Transit Management LTD, LLC d/b/a Springs Transit, filed by Andy Martinez.(Martin, Matthew) (Entered: 01/04/2007)
20 RESPONSE to Motion re 15 MOTION to Stay Case filed by Intervenor Plaintiff Andy Martinez. (Martin, Matthew) (Entered: 01/11/2007)
21 WAIVER OF SERVICE Returned Executed by Andy Martinez. Professional Transit Management LTD, LLC waiver sent on 1/4/2007, answer due 3/5/2007. (Martin, Matthew) (Entered: 01/11/2007)
22 RESPONSE to Motion re 15 MOTION to Stay Case filed by Plaintiff Equal Employment Opportunity Commission. (Fuller, Ann) (Entered: 01/11/2007)
23 Exhibits in Support of 22 Response to Motion to Stay Case by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Fuller, Ann) (Entered: 01/12/2007)
24 REPLY to Response to Motion re 15 MOTION to Stay Case filed by Defendant Professional Transit Management LTD, LLC. (Miller, Patrick) (Entered: 01/26/2007)
25 ORDER granting 15 MOTION to Stay Case by Defendant. All deadlines in this case are stayed until 04/02/2007. Signed by Judge Marcia S. Krieger on 1/29/07.(dln, ) (Entered: 01/30/2007)
26 Joint MOTION to Vacate 14 Scheduling Order Settlement Conference by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Fuller, Ann) (Entered: 03/01/2007)

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03/02/2007
03/05/2007 03/19/2007 03/20/2007
04/02/2007 05/16/2007 05/17/2007 05/18/2007 05/22/2007
05/22/2007

27 MEMORANDUM regarding 26 Joint MOTION to Vacate 14 Scheduling Order Settlement Conference filed by Equal Employment Opportunity Commission. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Marcia S. Krieger on 3/2/07. (Text Only Entry - No Document Attached)(pap2, ) (Entered: 03/02/2007)
28 MINUTE ORDER granting 26 Joint MOTION to Vacate Settlement Conference. Settlement Conference set for 3/13/2007 is VACATED by Magistrate Judge Michael J. Watanabe on 3/5/07.(dln, ) (Entered: 03/05/2007)
29 Joint STATUS REPORT on Mediation by Plaintiff Equal Employment Opportunity Commission. (Fuller, Ann) (Entered: 03/19/2007)
30 MINUTE ORDER re: 29 Joint STATUS REPORT on Mediation Dismissal Paper due by 4/2/2007 OR Defendant shall file an Answer to the Intervenor's Complaint by 4/2/2007 by Magistrate Judge Michael J. Watanabe on 3/20/07. (dln, ) (Entered: 03/20/2007)
31 ANSWER to Intervenor Complaint by Professional Transit Management LTD, LLC.(Miller, Patrick) (Entered: 04/02/2007)
32 SETTLEMENT AGREEMENT /Consent Decree by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Consent Decree)(Fuller, Ann) (Entered: 05/16/2007)
33 Docket Annotation re: 32 SETTLEMENT AGREEMENT/Consent Decree. [Document is actually a motion - to be refiled by Counsel]. Text only entry - no document attached. (dln, ) (Entered: 05/17/2007)
34 Joint MOTION to Enter Consent Decree by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Consent Decree)(Fuller, Ann) (Entered: 05/18/2007)
35 ORDER granting 34 Joint MOTION to Enter Consent Decree by Plaintiff. The Clerk of Court shall separately file the Consent Decree. The Clerk of Court is directed to close this case. Signed by Judge Marcia S. Krieger on 5/22/07.(dln, ) (Entered: 05/22/2007)
36 CONSENT DECREE entered on 5/22/07. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(dln, ) (Entered: 05/22/2007)

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 Professional Transit Management to Pay $450,000 for Race and Nationa...

http://www.eeoc.gov/press/5-17-07.html

The U.S. Equal Employment Opportunity Commission

FOR IMMEDIATE RELEASE May 17, 2007

CONTACT: TTY:

MARY JO O’NEILL Regional Attorney (602) 640-5044
NANCY A. WEEKS Supervisory Trial Attorney (303) 866-1947 (303) 866-1950

PROFESSIONAL TRANSIT MANAGEMENT TO PAY $450,000 FOR RACE AND NATIONAL ORIGIN
HARASSMENT

EEOC Consent Decree Also Includes Work Force Training, Other Injunctive Relief
DENVER – The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has settled a discrimination lawsuit alleging racial and national origin harassment against Professional Transit Management, doing business as Springs Transit. The Colorado Springs facility will pay $450,000, to be divided between six class members, according to the terms of the consent decree resolving the case – which also includes significant injunctive relief, such as training.
The EEOC’s lawsuit (Case No. 06-cv-01915 in federal district court for the District of Colorado) alleged that Springs Transit maintained a racially hostile work environment for minority workers. In particular, several employees, including supervisors, routinely used egregious ethnic slurs for African Americans, Hispanics, and Asians in the workplace. On one occasion, a co-worker commented that it should not be against the law to shoot Mexican men, women and children or to shoot African Americans and Chinese people. This employee also allegedly stated, “If I had my way I’d gas them [referring to Black employees] like Hitler did the Jews.”
There were other threats of violence against minorities including references to “shooting” them and “gassing” them or “killing” them. Many of these remarks were made in front of supervisors who did nothing to stop it and sometimes participated in the abusive behavior. Likewise, management was aware of the hostile environment and did nothing to end it.
“Race discrimination at work has been illegal in this country for over 40 years,” said Phoenix District Director Chester Bailey, whose district includes Colorado. “Employees should know that they can file charges with the EEOC because of job discrimination.”
In addition to the monetary relief contained in the consent decree, Springs Transit will be required to implement an equal employment opportunity training program for non-supervisory employees, supervisory employees, and human resource employees that will ensure that the entire work force receives the required training.
EEOC Phoenix Regional Attorney Mary Jo O’Neill, said: “The EEOC takes seriously its obligation to ensure that every employee works in an environment free of harassment and racially-based threats. We are pleased that Springs Transit will be implementing a training program for all of its employees to make sure that this type of hostile environment will not occur in the future.”
Nancy A. Weeks, supervisory trial attorney in the EEOC’s Denver Field Office, which brought the suit, added, “The egregiousness of the threats and racial and national origin harassment in this case is stunning. We are pleased that the minority employees at Springs Transit have been compensated in some way for the terrible treatment they endured.”
On February 28, 2007, EEOC Chair Naomi C. Earp launched the Commission's E-RACE Initiative (Eradicating Racism And Colorism from Employment), a national outreach, education, and enforcement campaign focusing on new and emerging race and color issues in the 21st century workplace. Further information about the E-RACE Initiative is available on the EEOC’s web site at http://www.eeoc.gov/initiatives/e-race/index.html.
In Fiscal Year 2006, the EEOC received 27,238 charges alleging race-based discrimination, accounting for 36 percent of the agency's private sector caseload. Historically, race-based charges have been the most frequent

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type of filing with EEOC offices nationwide. The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at http://www.eeoc.gov.
This page was last modified on May 17, 2007.

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