Case 5:06-cv-06142-JF Document 1 Filed 09/29/2006 Page 1 of 5

2 3

WILLIAM R. TAMAYO, SBN 084965

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<9 DAVID F. OFFEN-BROWN, SBN 063321
LINDA S. ORDONIO-DIXON, SBN 172830

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s: U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
San Francisco District Office

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350 The Embarcadero, Suite 500

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4 San Francisco, CA 94105-1260 Telephone No. (415) 625-5654

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~/.:

5 Fax No. (415) 625-5657

6 Attorneys for Plaintiff

7

8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICTOF CALIFORNIA SAN JOSE

10 EQUAL EMPLOYMENT
11 OPPORTUNITY COMMISSION, .

12

Plaintiff,

v.

13

SIZZLER USA RESTAURANTS, INC.

14

Defendant.

15

COMPLAINT-CIVIL RIGHTS EMPLOYMENT DISCRIMINATION
JURY TRIAL DEMAND

16

17 NATURE OF THE ACTION
18 This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil
19 Rights Act of 1991 to correct unlawful employment practices on the basis of sex, female, and
20 national origin, Mexican, and to provide appropriate relief to Patricia Huizache who was adversely
21 affected by such practices. As alleged below, Defendant SIZZLER USA RESTAURANTS, INC.
22 (SIZZLER) subjected Ms. Huizache to unlawful sex and national origin discrimination which led to
23 her constructive discharge on October 16,2004.
24 II
25 II
26
/1
II
27 II
28
COMPLAINT

Case 5:06-cv-06142-JF Document 1 Filed 09/29/2006 Page 2 of 5

JURISDICTION AND VENUE

2
1.

Jurisdiction of this Court is invoked pursuant to 28 U.S.c. §§451, 1331, 1337, 1343, and

3 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of

4 the Civil Rights Act of 1964, as amended (Title VII), 42 U.S.c. §2000e-5(f)(1) and (3); and Section

5 102 of the Civil Rights Act of 1991, 42 U.S.c. §1981 a.

6

7 INTRADISTRICT ASSIGNMENT

8 2.

The employment practices alleged to be unlawful were committed within the State of

9 California, County of San Mateo, City of Redwood City, within the jurisdiction of the United States

10 District Court for the Northern District of California - San Jose Division.

11

12 PARTIES

13 3.

Plaintiff, Equal Employment Opportunity Commission (EEOC), is the agency of the United

14 States of America charged with the administration, interpretation, and enforcement of Title VII and

15 is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.c.

16 §2000e-5(f)(1) and (3).

17 4.

At all relevant times, Defendant SIZZLER has continuously been doing business in the State

18 of California, County of San Mateo, City of Redwood City and has continuously had at least fifteen

19 employees.

20 5.

At all relevant times, Defendant SIZZLER has continuously been an employer engaged in an

21 industry affecting commerce within the meaning of Section 701 (b), (g), and (h) of Title VII, 42

22
US.c. §2000e-(b), (g), and (h).

23

24 STATEMENT OF CLAIMS

25 6.

More than thirty days prior to the institution ofthis lawsuit, Patricia Huizache filed a charge

26 of discrimination with the EEOC alleging violations of Title VII by Defendant SIZZLER. All

27 conditions precedent to the institution of this lawsuit have been fulfilled.

28

COMPLAINT

2.

Case 5:06-cv-06142-JF Document 1 Filed 09/29/2006 Page 3 of 5

1 7.

Since at least April 2004, Defendant SIZZLER has engaged in unlawful practices at its

2
Redwood City, California location in violation of Section 703(a)(I) of Title VII, 42 U.S.C. §2000e-

3 2(a). These practices include subjecting Ms. Huizache to a hostile, abusive, intimidating and

4 offensive work environment because of her sex, national origin and/or a combination of these

5
bases culminating in her constructive discharge.

6 8.

The effect of the practices complained of in paragraph 7 above has been to deprive Ms.

7 Huizache of equal employment opportunities and otherwise to adversely affect her status as an

8 employee because of her sex, female, and her national origin, Mexican.

9 9.

The unlawful employment practices complained of in paragraph 7, above, were and are

10 int enti onal.

11 10. The unlawful employment practices complained of in paragraph 7, above, were and are done

12 with malice and/or reckless indifference to the federally protected rights of Ms. Huizache.

13

14 PRAYER FOR RELIEF
15 WHEREFORE, the Commission respectfully requests that this Court:
16 A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors,
17 assigns, and all persons in active concert or participation with it, from engaging in sex and national
18 origin discrimination.
19 B. Order Defendant Employer to institute and carry out policies, practices, and programs
20 which provide equal employment opportunities for its female and Mexican origin employees and
21 which eradicate the effects of its past and present unlawful employment practices of sex and national
22
origin discrimination. 23
C. Order Defendant to make whole Ms. Huizache by providing appropriate backpay with 24
prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to 25
eradicate the effects of their unlawful employment practices, including but not limited to
26
reinstatement. 27

28

COMPLAINT

3.

Case 5:06-cv-06142-JF Document 1 Filed 09/29/2006 Page 4 of 5

1 D. Order Defendant Employer to make whole Ms. Huizache by providing compensation
2
for past and future pecuniary losses resulting from the unlawful employment practices described 3
above, including medical expenses, with interest, in amounts to be determined at trial. 4
E. Order Defendant Employer to make whole Ms. Huizache by providing compensation 5
for past and future non-pecuniary losses caused by the above unlawful conduct, including pain and 6
suffering, emotional distress, indignity, loss of enjoyment oflife, loss of self-esteem, and 7
humiliation, in amounts to be determined at trial. 8
F. Order Defendant Employer to pay Ms. Huizache punitive damages for its malicious 9
and reckless conduct described above, in amounts to be determined at trial.

10 11 12
II

G. Grant such further relief as the Court deems necessary and proper. H. Award the EEOC its costs in this action.

13 II

14 II
15 II

16
II 17
II

18
II

19
II 20
II

21
II
22
II
23
// 24
II

25 II
26
II 27
/1
28

COMPLAINT

4.

Case 5:06-cv-06142-JF Document 1 Filed 09/29/2006 Page 5 of 5

JURY TRIAL DEMAND 2
The Commission requests a jury trial on all questions of fact raised by its complaint. 3

4

RONALD COOPER

5

General Counsel

6

JAMESL. LEE

Deputy General Counsel

7

GWENDOLYN YOUNG REAMS

8

Associate General Counsel

9

U. S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

10

1801 L Street, N.W.

Washington, D.C. 205

11

12 Date: September 22, 2006

13

14

15

~~ AVIDFr .~RO~ WN

16

S

Trial Attorney

17

18

19

u. S. EQUAL EMPLOYMENT

20

OPPORTUNITY COMMISSION

San Francisco District Office

21

350 The Embarcadero, Suite 500

San Francisco, California 94105-1260

22

23

24

25

26
27

28

COMPLAINT

5.

 
 Case 5:06-cv-06142-JF Document 18 Filed 04/10/2007 Page 1 of 2

1

2

3

4

5

6

7

8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN JOSE DIVISION

11

12 EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

13

)

Plaintiff,

)

14

)

v.

)

15

)

SIZZLER USA RESTAURANTS, INC., )

16

)

__________________D__e_fe_n_d_a_n_t_s._______)

17

Case No.: C- 06-6142 JF PVT
ORDER GRANTING MOTION TO COMPEL DISCOVERY AND VACATING HEARING DATE

18

The Equal Employment Opportunity Commission (“The EEOC”) filed this Title VII

19 public enforcement action on behalf of Patricia Huizache (“Huizache”), a former employee of

20 Defendant Sizzler USA Restaurants, Inc. (“Defendant”).1 Huizache filed a successful motion to

21 intervene to in this action. Huizache claims to be a victim of sex and national origin

22 discrimination causing her constructive termination from Defendant’s Redwood City restaurant.

23

The EEOC personally served Defense counsel Glen Mertens at the CMC conference on

24 January 12, 2007 with a set of Interrogatories and a set of Requests for Production of

25 Documents. (Dixon Decl. ¶ 2.). The two Interrogatories sought the names, contact information,

26 and job titles of employees at the Redwood City Sizzler. (Dixon Decl. Exh.A). The eleven

27

28 1 The holding of this court is limited to the facts and the particular circumstances underlying the present motion.

ORDER, page 1

Case 5:06-cv-06142-JF Document 18 Filed 04/10/2007 Page 2 of 2

1 Requests for Production of Documents sought documents relating to: policies on discrimination,

2 training about discrimination policies and complaint procedures, the investigation of Huizache’s

3 complaint, the personnel files of Huizache and the alleged harasser, Daniel Viera , other

4 complaints about Viera, and investigations into other complaints of sexual or national origin

5 discrimination at the Redwood city restaurant during Viera’s employment. (Dixon Decl. Exh.

6 B.) Most the information sought had been identified by defendants as relevant in its Initial

7 Disclosures. (Dixon Decl. Exh. C.) Defendant failed to respond in any way. The EEOC

8 attempted many times to meet and confer, but received no response from Defense counsel.

9 (Dixon Decl. ¶¶ 5-10, Exhs. D-F)

10

On March 9, 2007, Plaintiff Equal Employment Opportunity Commission (“EEOC”)

11 filed a motion to compel responses to interrogatories and requests for production of documents.

12 The hearing date was set for April 17, 2007, making an opposition due by March 27, 2007. As

13 of April 10, 2007, no Opposition was filed by Defendant.2 In light of Defendant’s failure to

14 respond to the motion to compel discovery, a hearing is not necessary to resolve this motion.

15 The discovery sought is relevant and not unduly burdensome.

16

Accordingly,

IT IS HEREBY ORDERED that:

17

1. The EEOC’s motion to compel discovery is granted in full and Defendant

18

is ordered to produce all requested discovery no later than April 20, 2007

19

and

20

2. The April 17, 2007 hearing date for the Motion to Compel Discovery is

21

VACATED as moot.

22

IT IS SO ORDERED.

23 Dated: April 10, 2007

24

____________________________

PATRICIA V. TRUMBULL

25

United States Magistrate Judge

26

27 2The EEOC did not file a Reply Brief. Although the local rules do not require a reply brief, better practice would be to file a Reply Brief to inform the Court that the status of the motion
28 remains unchanged.

ORDER, page 2

 
 ANDERSON, MCPHARLIN & CONNERS LLP LAWYERS 444 SOUTH FLOWER STREET, THIRTY-FIRST FLOOR LOS ANGELES, CALIFORNIA 90071-2901 TEL (213) 688-0080 • FAX (213) 622-7594

1

2

3

**E-filed 8/28/08**

4

5

6 UNITED STATES DISTRICT COURT
7 NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
8

9 EQUAL EMPLOYMENT OPPORTUNITY
10 COMMISSION,

Case No. C-06-6142-JF/PVT

11

Plaintiff,

12 PATRICIA HUIZACHE,

[P--R--O---P--O--S--E--D] CONSENT DECREE

13

Plaintff-Intervenor,

14

vs.

15 SIZZLER USA RESTAURANTS, INC.,

16

Defendant.

17

18

19 I. INTRODUCTION

20

Plaintiff Equal Employment Opportunity Commission ("EEOC") filed this action pursuant

21 to Title VII of the Civil Rights Act of 1964 ("Title VII"), and Title I of the Civil Rights Act of

22 1991. The EEOC alleges that Defendant Sizzler USA Restaurants, Inc. (Sizzler) subjected

23 Charging Party Patricia Huizache to a hostile environment based on her sex and/or national origin

24 which culminated in her constructive discharge. Ms. Huizache intervened into the lawsuit and

25 included parallel state claims.

26 //

27 //

28 //

691830.1 5563.077

CONSENT DECREE

C-06-6142-JF/PVT

ANDERSON, MCPHARLIN & CONNERS LLP LAWYERS 444 SOUTH FLOWER STREET, THIRTY-FIRST FLOOR LOS ANGELES, CALIFORNIA 90071-2901 TEL (213) 688-0080 • FAX (213) 622-7594

1 II. NON-ADMISSION OF LIABILITY

2

This Consent Decree is not an adjudication or finding on the merits of this case and shall

3 not be construed as an admission of a violation of Title VII or any other statute by Defendant

4 Sizzler.

5

The Court has reviewed the terms of this Consent Decree in light of the pleadings, the

6 record herein, and the applicable law, and now approves the Consent Decree in its entirety.

7

Therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:

8 III. GENERAL PROVISIONS

9

1. This Court has jurisdiction over the subject matter and the parties to this action.

10

2. This Consent Decree constitutes a full resolution of the EEOC's and Patricia

11 Huizache's complaints in EEOC/Huizache v. Sizzler USA Restaurants Inc., Civil Action C-06-

12 06142 JF.

13

3. This Consent Decree shall become effective upon-its entry by the Court.

14

4. This Consent Decree is final and binding upon the Parties, their successors and

15 assigns.

16

5. The Parties shall bear their own costs and attorney fees.

17 IV. GENERAL INJUNCTIVE RELIEF

18

1. Sexual and National Origin Based Harassment

19

Defendant, its officers, agents, management (including all supervisory employees),

20 successors and assigns, and all those in active concert or participation with them, or any of them,

21 are enjoined from, or from being a party to, any action, policy or practice that is intended to or is

22 known to them to have the effect of harassing or intimidating any employee on the basis of sex

23 and/or national origin, or which creates, facilitates or permits the existence of discrimination on

24 the basis of sex and/or national origin.

25

2. Retaliation

26

Defendant, its officers, agents, management (including supervisory employees), successors

27 or assigns, and all those in active concert or participation with them, or any of them, are enjoined

28 from engaging in, implementing or permitting any action, policy or practice with the purpose of

691830.1 5563.077

2
CONSENT DECREE

C-06-6142-JF/PVT

ANDERSON, MCPHARLIN & CONNERS LLP LAWYERS 444 SOUTH FLOWER STREET, THIRTY-FIRST FLOOR LOS ANGELES, CALIFORNIA 90071-2901 TEL (213) 688-0080 • FAX (213) 622-7594

1 retaliating against any current or former employee of Defendant because he or she complained

2 about sexual harassment, filed a charge of discrimination alleging any such practice, testified or

3 participated in any manner in any investigation (including, without limitation, any internal

4 investigation undertaken by Defendant), proceeding or hearing in connection with this case, and/or

5 relating to any claim of sexual or national origin harassment, or was identified as a possible

6 witness in this action.

7 V. SPECIFIC INJUNCTIVE RELIEF

8

In order to effectuate the objectives embodied in this Consent Decree, Defendant shall

9 make the following modifications to its existing policies, procedures, and practices at the

10 Redwood City restaurant where Ms. Huizache was formerly employed.

11

1. Policy Changes

12

Within sixty (60) days after entry of this Consent Decree, Defendant shall, to the extent it

13 has not already done so, revise its personnel policies applicable to the Redwood City restaurant to

14 include the following:

15

(i) A provision which requires Defendant to provide translation services to any

16 employee who has limited fluency in English for the purpose of reading and understanding

17 Defendant's antidiscrimination and complaint policy and procedures. As an alternative, Defendant

18 may provide copies of the subject policies/procedures in the employee's primary language.

19

(ii) A provision which designates two managers at the Redwood City restaurant as

20 contact persons with responsibility for responding to and/or turning complaints over to those

21 Sizzler employees or third parties designated as complaint investigators. This provision shall also

22 designate complaint contacts within the appropriate district manager's office. and with the

23 corporate human resources office. The names of all contact persons, their work locations and

24 telephone numbers shall be listed in the policy, and also shall be routinely and continuously posted

25 in a prominent place at the Redwood City restaurant. The corporate contact phone number shall

26 include a toll-free number or indicate that collect calls will be accepted. This provision should also

27 state that there is no requirement that an employee complain to the contacts at their work location

28 prior to making a complaint to either the district manager or the corporate human resources office.

691830.1 5563.077

3
CONSENT DECREE

C-06-6142-JF/PVT

ANDERSON, MCPHARLIN & CONNERS LLP LAWYERS 444 SOUTH FLOWER STREET, THIRTY-FIRST FLOOR LOS ANGELES, CALIFORNIA 90071-2901 TEL (213) 688-0080 • FAX (213) 622-7594

1

(iii) A provision allowing an employee to make an anonymous complaint of

2 discrimination but explaining the limitations that may be encountered in investigating and taking

3 corrective action in response to such a complaint.

4

(iv) A provision ensuring employees that complaints of discrimination need not be

5 made in writing.

6

(v) A provision requiring that witnesses in an investigation be assured that they will

7 not be retaliated against and that any statement made by that person will be kept in strict

8 confidence to the extent that is feasible and consistent with the objectives of the investigation.

9

(vi) A provision requiring the documentation of a complaint of discrimination by the

10 person responsible for receiving the complaint and/or the complaint investigator. The

11 documentation must include a detailed explanation of the complaint, including the date and time

12 received, describe the action taken to investigate the complaint, include summaries of witness

13 statements, and provide the findings and any action taken in response to the complaint.

14

(vii) A provision that advises that managers and supervisors who become aware of

15 discrimination by their subordinates but do not take immediate action to prevent or correct the

16 situation will be subjected to disciplinary action up to and including termination.

17

(viii) A provision which advises employees that they may file complaints of

18 discrimination with the federal Equal Employment Opportunity Commission; employees can learn

19 more by calling 1-800-669-4000, by emailing the EEOC at info@ask.eeoc.gov or by visiting the

20 EEOC's website at www.eeoc.gov. The provision should also indicate that the EEOC's services are

21 free.

22

(ix) A provision which requires the company to record within an employee's personnel

23 file any disciplinary action based on conduct found to be discriminatory following an investigation

24 of the sort called for herein.

25

2. Policy Dissemination:

26

(i) Beginning within ninety (90) days of the entry of this decree, the company policies

27 and procedures, as revised above, shall be hand-delivered to each and every employee of

28 Defendant's Redwood City restaurant.

691830.1 5563.077

4
CONSENT DECREE

C-06-6142-JF/PVT

ANDERSON, MCPHARLIN & CONNERS LLP LAWYERS 444 SOUTH FLOWER STREET, THIRTY-FIRST FLOOR LOS ANGELES, CALIFORNIA 90071-2901 TEL (213) 688-0080 • FAX (213) 622-7594

1

(ii) The revised policies and procedures shall also be posted on all company bulletin

2 boards at the Redwood City restaurant for the duration of this Consent Decree.

3

3. Supervisor Accountability Policy

4

(i) Defendant is ordered to impose substantial discipline - up to and including

5 termination, suspension without pay or demotion - upon any supervisor or manager at the

6 Redwood City restaurant who is found, after an appropriate investigation, to have engaged in

7 sexual and/or national origin discrimination, permitted such conduct to occur in his or her work

8 area or among employees under his or her supervision, and/or prevented or otherwise impedes the

9 investigation or reporting of such discrimination or harassment.

10

(ii) Supervisors and managers shall also be accountable for promptly responding to

11 complaints of sexual and/or national origin harassment and to forward complaints to the

12 individuals charged with handling them.

13

(iii) Defendant is ordered to revise its supervisor appraisal process, as necessary, to

14 ensure that appropriate communication of anti-discrimination policies and appropriate handling of

15 sexual harassment complaints are included as elements of the appraisals.

16

(iv) Defendant is ordered to advise all current and new managers and supervisors at the

17 Redwood City restaurant of their duties under these revised policies.

18

4. Training Program

19

Defendant is ordered to present to all of its current and new employees at the Redwood

20 City restaurant, including management employees, at least two hours of mandatory equal

21 employment opportunity training, once every two years for the duration of this Consent Decree.

22 The first training shall be for those employees and new hires at the Redwood City restaurant who

23 have not previously received equal employment opportunity/harassment training within the last

24 twelve months and shall be conducted within a reasonable period mutually agreed upon by the

25 parties, but no later than ninety (90) days after the entry of this Consent Decree. The cost of the

26 training shall be borne by Defendant.

27

The training described in the preceding paragraph shall be in-person training, accompanied

28 by materials prepared by experienced educators and/or investigators, and shall educate the

691830.1 5563.077

5
CONSENT DECREE

C-06-6142-JF/PVT

ANDERSON, MCPHARLIN & CONNERS LLP LAWYERS 444 SOUTH FLOWER STREET, THIRTY-FIRST FLOOR LOS ANGELES, CALIFORNIA 90071-2901 TEL (213) 688-0080 • FAX (213) 622-7594

1 employees about the problems of discrimination-in the workplace. The purpose of the training

2 will be to give participants a thorough understanding of discrimination and harassment issues,

3 including policies (including discipline policies) and practices related to discrimination,

4 harassment and retaliation. The training will further inform each participant that he or she is

5 responsible for knowing and complying with the contents of Defendant's equal employment

6 opportunity policy.

7

Managers and Supervisors shall receive an additional two hours of training once every two

8 years, as required under California law, for the duration of this Consent Decree on the employer's

9 responsibility to provide a workplace free of sexual harassment and retaliation, appropriate

10 techniques for investigating discrimination and harassment, and remedying it.

11

Defendant shall provide to the EEOC thirty (30) days in advance of the each training a

12 copy of the course syllabus for the training.

13

All persons attending each mandatory equal employment opportunity training shall sign an

14 acknowledgment of his or her attendance at the training, the date thereof, and his or her position

15 with the company. All participants shall also be given a questionnaire through which they will be

16 asked to critique the training and to provide suggestions to improve future training sessions.

17 Defendant shall provide a copy of these attendance records, the completed post-training

18 questionnaires, and the training materials to the Commission within thirty (30) days of completion

19 of the trainings.

20

5. Posting and other Notices to Employees

21

Defendant is ordered to conspicuously post notices, a copy of which is attached as Exhibit

22 1, in clearly visible locations where such notices generally addressing employee issues are

23 normally and customarily posted. Such notices shall be posted for the duration of the Consent

24 Decree. Defendant shall monitor the notices and replace within ten (10 days) any notice which is

25 defaced or removed.

26

Within ninety (90) days of the entry of this Consent Decree, Defendant shall issue to all

27 employees, supervisors and managers, the revised policies required under this section entitled

28 Specific Injunctive Relief. Each employee shall be asked to sign an acknowledgment that he or

691830.1 5563.077

6
CONSENT DECREE

C-06-6142-JF/PVT

ANDERSON, MCPHARLIN & CONNERS LLP LAWYERS 444 SOUTH FLOWER STREET, THIRTY-FIRST FLOOR LOS ANGELES, CALIFORNIA 90071-2901 TEL (213) 688-0080 • FAX (213) 622-7594

1 she has-received and read the policy. The same acknowledgment shall be required of all newly

2 hired employees, including all managers and supervisors, at the start of their employment.

3 VI. MONETARY RELIEF

4

1. Defendant is ordered to pay to Charging Party Patricia Huizache the amount of

5

$300,000.00

6

2. The amount above is to be paid in complete compromise of all disputed issues

7 arising out of the Complaints filed in this lawsuit EEOC/Huizache v. Sizzler USA Restaurants,

8 Inc., Civil Action No. 06-06142 JF in the United States District Court for the Northern District of

9 California - San Jose.

10

3. The monetary relief shall be paid within fifteen (15) days of the entry of this

11 Consent Decree in the form of a check payable to "Patricia Huizache and her attorney Matthew T.

12 Newman." The check shall be delivered by verifiable method to Matthew T. Newman, Matthew

13 T. Newman and Associates, 1735 N. First Street, Suite 290, San Jose, California 95112. A

14 photocopy of the check shall be provided to EEOC counsel.

15 VII. REPORTING

16

1. One year after entry of the Decree and every year thereafter for five years,

17 Defendant shall submit reports to the EEOC summarizing any complaints of discrimination from

18 the Redwood City restaurant received by Defendant during the preceding year. The reports will

19 include the identities of the complainant(s) and the alleged harasser(s), if any, and a summary of

20 action taken in response to the request or complaint.

21

2. Within ninety (90) days of the entry of this Consent Decree, Defendant shall send

22 to the EEOC a copy of the company's revised policies and procedures in accordance with Section

23 V, above.

24

3. Within thirty (30) days after completion of the biannual employee and supervisory

25 trainings described in Section V(C) above, Defendant shall send the EEOC appropriate

26 verification of its completion of training, and shall provide a copy of the records indicated in

27 Section V(C)(5).

28 //

691830.1 5563.077

7
CONSENT DECREE

C-06-6142-JF/PVT

ANDERSON, MCPHARLIN & CONNERS LLP LAWYERS 444 SOUTH FLOWER STREET, THIRTY-FIRST FLOOR LOS ANGELES, CALIFORNIA 90071-2901 TEL (213) 688-0080 • FAX (213) 622-7594

1

4. Defendant shall submit a certification to the EEOC sixty (60) days prior to the

2 expiration of this Consent Decree containing a statement verifying the company's compliance with

3 the terms of the Consent Decree.

4 VIII. RETENTION OF JURISDICTION AND EXPIRATION OF CONSENT DECREE

5

1. The duration of this Consent Decree shall be five (5) years from the date of entry of

6 the Decree, provided that Defendant has complied substantially with the terms of this Consent

7 Decree. Defendant shall be deemed to have complied substantially if the Court has not made any

8 finding or orders during the term of the Consent Decree that the Defendant has failed to comply

9 with any terms of this Consent Decree.

10

2. The EEOC shall be entitled to its reasonable costs and attorneys' fees in connection

11 with any civil action to enforce compliance with the terms and conditions of this Consent Decree.

12

3. This Court shall retain jurisdiction over this matter and the Parties for the purpose

13 of enforcing compliance with the Consent Decree, including issuing such orders as may be

14 required to effectuate its purposes.

15

4. If any provision of this Consent Decree is found to be unenforceable by a court of

16 competent jurisdiction, only the specific provision in question shall be affected and the other

17 enforceable provisions shall remain in full force and effect.

18

5. Any documents or information required to be submitted by Defendant to the EEOC

19 under the terms of this Consent Decree shall be sent to Linda Ordonio-Dixon, EEOC, 350 The

20 Embarcadero Street, Suite 500, San Francisco, California 94102.

21

22 IT IS SO ORDERED.

23 8/28/08

24

UNITED STATES DISTRICT COURT JUDGE

25

JEREMY FOGEL

26

27

28

691830.1 5563.077

8
CONSENT DECREE

C-06-6142-JF/PVT

ANDERSON, MCPHARLIN & CONNERS LLP LAWYERS 444 SOUTH FLOWER STREET, THIRTY-FIRST FLOOR LOS ANGELES, CALIFORNIA 90071-2901 TEL (213) 688-0080 • FAX (213) 622-7594

1

NOTICE TO ALL EMPLOYEES

2

This notice is being posted pursuant to a Consent Decree issued by the Federal Court in a

lawsuit brought against Sizzler USA Restaurants, Inc. by the Equal Employment Opportunity

3 Commission and Patricia Huizache. [Civil Action 06-06142 JF, United States District Court of

California - San Jose.]

4

Under the Consent Decree, Sizzler USA Restaurants, Inc. is ordered not to discriminate

5 against any employee by subjecting employees to a discriminatory work environment or

retaliation for complaining about discrimination in the workplace.

6

Should you have any complaints of discrimination, you can follow the complaint

7 procedures established by the company, or you can contact the Equal Employment Opportunity

Commission (EEOC). The EEOC is the federal agency that enforces federal anti-discrimination in

8 employment laws. The EEOC charges no fees for its services, and has employees that speak

languages other than English, including Spanish.

9

EEOC Contact Information:

10

EEOC San Francisco District Office

11

350 The Embarcadero Street, Suite 500 San Francisco, CA 94105

Telephone (800) 669-400

12

Fax (415) 625-5609

TDD: (515) 625-5610

13

Email: info@ask.eeoc.gov

Website: www.eeoc.gov

14

15 THIS POSTING IS AN OFFICIAL NOTICE AND BY ORDER OF THE COURT MUST NOT BE DEFACED OR OBSCURED.
16

17

18 IT IS SO ORDERED.
19

20
UNITED STATES DISTRICT COURT JUDGE 21

22

23

24

25

26

27

28

691830.1 5563.077

CONSENT DECREE

C-06-6142-JF/PVT

 
 Case: 5:06-cv-6142 As of: 06/03/2017 10:36 AM PDT 1 of 4
ADRMOP,CLOSED,E−Filing,MEDTERM
U.S. District Court California Northern District (San Jose) CIVIL DOCKET FOR CASE #: 5:06−cv−06142−JF

Equal Employment Opportunity Commision v. Sizzler USA Restaurants, Inc. Assigned to: Hon. Jeremy Fogel Referred to: Magistrate Judge Patricia V. Trumbull Cause: 28:1331 Fed. Question: Employment Discrimination
Plaintiff

Date Filed: 09/29/2006 Date Terminated: 08/28/2008 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commision

represented by William Robert Tamayo U.S. EEOC 450 Golden Gate Ave POB 36025 San Francisco, CA 94102 415−522−3425 Fax: 415−625−5657 Email: william.tamayo@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

David F. Offen−Brown U.S. EEOC 350 The Embarcadero Suite 500 San Francisco, CA 94105−1260 415−625−5652 Fax: (415) 625−5657 Email: David.Offen−Brown@eeoc.gov ATTORNEY TO BE NOTICED

Linda Susan Ordonio−Dixon Equal Employment Opportunity Commission 350 Embarcadero Street Suite 500 San Francisco, CA 94105−1687 (415) 625−5654 Fax: (415) 625−5657 Email: linda.ordonio−dixon@eeoc.gov ATTORNEY TO BE NOTICED

V. Intervenor Pla Patricia Huizache

represented by Eric Carroll Shaw Melvin D. Honowitz and Associates One Embarcadero Center, Suite 500 San Francisco, CA 94111 (415) 773−2880 Fax: (415) 433−5994 Email: eric@shawesq.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Sizzler USA Restaurants, Inc.

represented by

Case: 5:06-cv-6142 As of: 06/03/2017 10:36 AM PDT 2 of 4

Glen Henry Mertens Anderson, McPharlin & Conners LLP 444 S. Flower St., Ste 3100 Los Angeles, CA 90071

(213) 688−0080 Fax: Email: ghm@amclaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Patricia Huizache

represented by Eric Carroll Shaw (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Matthew Taylor Newman Matthew T. Newman & Associates 111 W Saint John Street Suite 620 San Jose, CA 95113−1105 408−453−3500 Fax: 408−453−3900 Email: matthew@mtnewman.com ATTORNEY TO BE NOTICED

Date Filed 09/29/2006
09/29/2006 09/29/2006 09/29/2006 12/08/2006 12/20/2006 12/20/2006 12/21/2006 12/21/2006 12/22/2006

# Docket Text
1 COMPLAINT − Civil Rights Employment Discrimination against Sizzler USA Restaurants, Inc.. Filed byEqual Employment Opportunity Commision. (gm, COURT STAFF) (Filed on 9/29/2006) Additional attachment(s) added on 10/18/2006 (gm, COURT STAFF). (Entered: 10/02/2006)
Summons Issued as to Sizzler USA Restaurants, Inc.. on 9/29/2006 (gm, COURT STAFF) (Filed on 9/29/2006) (Entered: 10/02/2006)
2 ADR SCHEDULING ORDER: Case Management Statement due by 1/5/2007. Case Management Conference set for 1/12/2007 10:30 AM. (Attachments: # 1 Standing Order)(gm, COURT STAFF) (Filed on 9/29/2006) (Entered: 10/02/2006)
CASE DESIGNATED for Electronic Filing. (gm, COURT STAFF) (Filed on 9/29/2006) (Entered: 10/02/2006)
3 MOTION to Intervene filed by Patricia Huizache. Motion Hearing set for 1/12/2007 09:00 AM. (Attachments: # 1 Proposed Order)(Shaw, Eric) (Filed on 12/8/2006) (Entered: 12/08/2006)
4 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commision (Ordonio−Dixon, Linda) (Filed on 12/20/2006) (Entered: 12/20/2006)
5 Statement of Non−Opposition re 3 MOTION to Intervene filed byEqual Employment Opportunity Commision. (Related document(s) 3 ) (Ordonio−Dixon, Linda) (Filed on 12/20/2006) (Entered: 12/20/2006)
6 STIPULATION and Proposed Order selecting Mediation by Equal Employment Opportunity Commision on behalf of EEOC and Defendant Sizzler (Ordonio−Dixon, Linda) (Filed on 12/21/2006) (Entered: 12/21/2006)
7 ADR Certification (ADR L.R. 3−5b) of discussion of ADR options (Ordonio−Dixon, Linda) (Filed on 12/21/2006) (Entered: 12/21/2006)
8 ORDER REFERRING CASE to Mediation.. Signed by Judge Jeremy Fogel on 12/22/06. (jfsec, COURT STAFF) (Filed on 12/22/2006) (Entered: 12/22/2006)

Case: 5:06-cv-6142 As of: 06/03/2017 10:36 AM PDT 3 of 4

01/05/2007 01/05/2007 01/05/2007 01/09/2007 01/09/2007 01/12/2007 01/12/2007
01/16/2007 01/26/2007 03/09/2007
03/23/2007
04/10/2007 05/22/2007
06/11/2007 06/26/2007
07/05/2007 08/10/2007

9 CASE MANAGEMENT STATEMENT filed by Equal Employment Opportunity Commision. (Ordonio−Dixon, Linda) (Filed on 1/5/2007) (Entered: 01/05/2007)
10 ANSWER to Complaint with Jury Demand bySizzler USA Restaurants, Inc.. (gm, COURT STAFF) (Filed on 1/5/2007) (Entered: 01/09/2007)
11 Certificate of Interested Entities or Persons of Defendant Sizzler USA Restaurants, Inc. (gm, COURT STAFF) (Filed on 1/5/2007) (Entered: 01/09/2007)
12 CLERK'S NOTICE re: Failure to E−File Answer to Complaint and Certificate of Interested Entities or Persons and/or Failure to Register as an E−Filer (gm, COURT STAFF) (Filed on 1/9/2007) (Entered: 01/09/2007)
13 ADR Clerk's Notice Appointing Kristen W. Maloney as Mediator. (cmf, COURT STAFF) (Filed on 1/9/2007) (Entered: 01/09/2007)
14 ORDER by Judge Jeremy Fogel granting 3 Motion to Intervene (jflc1, COURT STAFF) (Filed on 1/12/2007) (Entered: 01/12/2007)
15 Minute Entry: Motion to Intervene hearing held on 1/12/2007 before Judge Jeremy Fogel. The motion is taken under submission. (See Order−Docket Number 14) (Date Filed: 1/12/2007). Case Management Conference held on 1/12/2007 before Judge Jeremy Fogel. Court adopts the proposed case schedule. (Date Filed: 1/12/2007). Jury Trial set for 7/11/2008 01:30 PM. Pretrial Conference set for 6/6/2008 11:00 AM. (Court Reporter Irene Rodriguez.) (dlm, COURT STAFF) (Date Filed: 1/12/2007) (Entered: 01/16/2007)
Pre MED phone conference scheduled on 1/24/2007 at 9:00 a.m. (cmf, COURT STAFF) (Filed on 1/16/2007) (Entered: 01/16/2007)
Set/Reset Hearings: Mediation Hearing set for 3/15/2007 at 09:30 AM at the EEOC's office in San Francisco. (cmf, COURT STAFF) (Filed on 1/26/2007) (Entered: 01/26/2007)
16 MOTION to Compel Discovery Responses filed by Equal Employment Opportunity Commision. Motion Hearing set for 4/17/2007 10:00 AM in Courtroom #5, 4th Floor, San Jose. (Attachments: # 1 Affidavit of Dixon# 2 Proposed Order # 3 Exhibit A to G)(Ordonio−Dixon, Linda) (Filed on 3/9/2007) (Entered: 03/09/2007)
17 CERTIFICATION OF MEDIATION Session dated 3/21/2007 by Mediator, Kristen Maloney; Mediation session hled 3/15/2007; Case did not settle; No follow−up contemplated; Mediation process is complete. (cmf, COURT STAFF) (Filed on 3/23/2007) (Entered: 03/23/2007)
18 ORDER by Judge Patricia V. Trumbull granting 16 Motion to Compel and Vacating Hearing Date (pvtlc2, COURT STAFF) (Filed on 4/10/2007) (Entered: 04/10/2007)
19 MOTION to Compel "Notice of Motion and Motion for Order of Civil Contempt" filed by Equal Employment Opportunity Commision. Motion Hearing set for 6/26/2007 10:00 AM in Courtroom #5, 4th Floor, San Jose. (Attachments: # 1 Affidavit "Dixon Declaration in Support of Motion for Order of Civil Contempt"# 2 Proposed Order)(Ordonio−Dixon, Linda) (Filed on 5/22/2007) (Entered: 05/22/2007)
20 Reply Memorandum re 19 MOTION to Compel "Notice of Motion and Motion for Order of Civil Contempt" filed byEqual Employment Opportunity Commision. (Ordonio−Dixon, Linda) (Filed on 6/11/2007) (Entered: 06/11/2007)
21 Minute Entry: Motion Hearing held on 6/26/2007; Matter Submitted before Patricia V. Trumbull (Date Filed: 6/26/2007) re 19 MOTION to Compel "Notice of Motion and Motion for Order of Civil Contempt" filed by Equal Employment Opportunity Commision. (Court Reporter Jana Ridenour.) (cm, COURT STAFF) (Date Filed: 6/26/2007) (Entered: 06/26/2007)
22 ORDER re: Plaintiff's Motion for Contempt. Signed by Judge Patricia V. Trumbull on July 5, 2007. (pvtlc2, COURT STAFF) (Filed on 7/5/2007) (Entered: 07/05/2007)
23 MOTION for Extension of Time to Complete Discovery (Joint) filed by Equal Employment Opportunity Commision. (Ordonio−Dixon, Linda) (Filed on 8/10/2007) (Entered: 08/10/2007)

Case: 5:06-cv-6142 As of: 06/03/2017 10:36 AM PDT 4 of 4

08/28/2007 08/28/2007 09/04/2007
11/07/2007 04/14/2008
04/15/2008 05/06/2008 05/07/2008 05/13/2008 05/14/2008 05/16/2008 05/20/2008 06/23/2008
07/15/2008
08/22/2008 08/26/2008 08/28/2008 11/25/2009

24 ORDER by Judge Jeremy Fogel granting 23 Motion to Extend Case Deadlines. (dlm, COURT STAFF) (Filed on 8/28/2007) (Entered: 08/28/2007)
Set/Reset Hearings: Jury Trial set for 10/27/2008 09:00 AM. Pretrial Conference set for 9/26/2008 11:00 AM. (dlm, COURT STAFF) (Filed on 8/28/2007) (Entered: 08/28/2007)
25 Declaration of Glen H. Mertens Regarding Defendant Sizzler USA Restaurants, Inc.'s Efforts to Provide Responsive Documents and Comply With Discovery Order filed bySizzler USA Restaurants, Inc.. (Mertens, Glen) (Filed on 9/4/2007) (Entered: 09/04/2007)
26 ORDER by Judge Patricia V. Trumbull Denying As Moot and Without Prejudice 19 Motion for Contempt (pvtlc2, COURT STAFF) (Filed on 11/7/2007) (Entered: 11/07/2007)
27 MOTION to Compel filed by Equal Employment Opportunity Commision. Motion Hearing set for 5/20/2008 10:00 AM in Courtroom #5, 4th Floor, San Jose. (Attachments: # 1 Affidavit of Ordonio−Dixon, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Proposed Order)(Ordonio−Dixon, Linda) (Filed on 4/14/2008) (Entered: 04/14/2008)
28 CLERK'S NOTICE Continuing Motion Hearing Motion Hearing set for 6/3/2008 10:00 AM. (cm, COURT STAFF) (Filed on 4/15/2008) (Entered: 04/15/2008)
29 MOTION for Entry of Default against Sizzler USA Restaurants Inc., filed by Patricia Huizache. (Shaw, Eric) (Filed on 5/6/2008) (Entered: 05/06/2008)
30 Reply Memorandum re 27 MOTION to Compel filed byEqual Employment Opportunity Commision. (Attachments: # 1 Affidavit of Dixon)(Ordonio−Dixon, Linda) (Filed on 5/7/2008) (Entered: 05/07/2008)
31 Clerk's DECLINATION OF DEFAULT (Related documents(s) 29 ) (srm, COURT STAFF) (Filed on 5/13/2008) (Entered: 05/13/2008)
32 MOTION for Entry of Default filed by Patricia Huizache. (Shaw, Eric) (Filed on 5/14/2008) (Entered: 05/14/2008)
33 Clerk's Notice ENTRY OF DEFAULT (Related documents(s) 32 ) (srm, COURT STAFF) (Filed on 5/16/2008) (Entered: 05/19/2008)
34 ORDER GRANTING PLAINTIFF EEOC'S MOTION TO COMPEL by Judge Patricia V. Trumbull granting 27 Motion to Compel (pvtlc2, COURT STAFF) (Filed on 5/20/2008) (Entered: 05/20/2008)
35 MOTION for Discovery Order for Civil Contempt ( filed by Equal Employment Opportunity Commision. Motion Hearing set for 7/29/2008 10:00 AM in Courtroom #5, 4th Floor, San Jose. (Attachments: # 1 Affidavit of Dixon)(Ordonio−Dixon, Linda) (Filed on 6/23/2008) (Entered: 06/23/2008)
36 MOTION to Continue Hearing on Renewed Motion For Contempt (Jt Stipulation) filed by Equal Employment Opportunity Commision. Motion Hearing set for 8/26/2008 10:00 AM in Courtroom #4, 5th Floor, San Jose. (Ordonio−Dixon, Linda) (Filed on 7/15/2008) (Entered: 07/15/2008)
37 Proposed Order − CONSENT DECREE by Equal Employment Opportunity Commision. (Ordonio−Dixon, Linda) (Filed on 8/22/2008) (Entered: 08/22/2008)
38 Notice of Withdrawal of Motion for Order of Civil Contempt filed byEqual Employment Opportunity Commision. (Ordonio−Dixon, Linda) (Filed on 8/26/2008) (Entered: 08/26/2008)
39 CONSENT DECREE re 37 Proposed Order filed by Equal Employment Opportunity Commision. Signed by Judge Jeremy Fogel on 8/28/08. (jfsec, COURT STAFF) (Filed on 8/28/2008) (Entered: 08/28/2008)
FILE located at Federal Records Center (FRC), San Bruno, CA: Accession No: 021−2009−5152, Box No: 103. (mpb, COURT STAFF) (Filed on 11/25/2009) (Entered: 11/25/2009)