Case 3:06-cv-03008-CRB Document 1 Filed 05/04/2006 Page 1 of 5

1 WILLIAM R. TAMAYO - #084965 (CA) DAVID OFFEN-BROWN - #063321 (CA)
2 RAYMOND T. CHEUNG - #176086 (CA) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 San Francisco District Office 350 The Embarcadero, Suite 500
4 San Francisco, California 94105-1260 Telephone No. (415) 625-5649
5 Facsimile No. (415) 625-5657 raymond.cheung@eeoc.gov
6

7 Attorneys for Plaintiff

8

9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

12 EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

13

)

)

14

Plaintiff,

)

)

15

v.

)

)

16

)

AMELCO ELECTRIC SAN FRANCISCO )

17 AND AMELCO CORPORATION,

)

)

18

Defendant.

)

CIVIL ACTION NO.
COMPLAINT Civil Rights
– Employment Discrimination – Class Action
JURY TRIAL DEMAND

19

20

NATURE OF THE ACTION

21

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

22 Rights Act of 1991 to correct unlawful employment practices on the basis of sex, race and

23 national origin, and to provide appropriate relief to Susanna Ortez and similarly situated

24 individuals who were adversely affected by such practices. As alleged below, defendants,

25 Amelco Electric San Francisco and Amelco Corporation subjected Ms. Ortez and others to a

26 hostile work environment because of their sex, race and/or national origin. Defendants also

27 subjected Ms. Ortez and the class of similarly situated individual to disparate treatment and/or

28 termination because of their sex, race and/or national origin.

COMPLAINT
1

Case 3:06-cv-03008-CRB Document 1 Filed 05/04/2006 Page 2 of 5

1

JURISDICTION AND VENUE

2

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337,

3 1343, and 1345. This action is authorized and instituted pursuant to sections 706(f)(1) and (3) of

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

5 (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a.

6

2. The employment practices alleged to be unlawful were committed within San

7 Francisco County which is within the jurisdiction of the United States District Court for the

8 Northern District of California.

9

INTRADISTRICT ASSIGNMENT

10

3. This case is appropriate for assignment to San Francisco because the unlawful

11 employment practices alleged were committed within San Francisco County.

12

PARTIES

13

4. Plaintiff, the Equal Employment Opportunity Commission (“EEOC”), is the

14 agency of the United States of America charged with the administration, interpretation, and

15 enforcement of Title VII and is expressly authorized to bring this action by sections 706(f)(1) and

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

17

5. At all relevant times, Defendant, Amelco Electric San Francisco, has continuously

18 been doing business in the State of California and the City and County of San Francisco and has

19 continuously had at least fifteen employees.

20

6. At all relevant times, Defendant, Amelco Corporation, has continuously been

21 doing business in the State of California and the City and County of San Francisco and has

22 continuously had at least fifteen employees.

23

7. At all relevant times, Amelco Electric San Francisco and Amelco Corportation

24 (“Defendant Employers”) have continuously been employers engaged in an industry affecting

25 commerce within the meaning of section 701(b), (g), and (h) of Title VII, 42 U.S.C. §2000e-(b),

26 (g), and (h).

27 ///

28 ///

COMPLAINT
2

Case 3:06-cv-03008-CRB Document 1 Filed 05/04/2006 Page 3 of 5

1

STATEMENT OF CLAIMS

2

8. More than thirty days prior to the institution of this lawsuit, Susanna Ortez filed a

3 charge of discrimination with the EEOC alleging violations of Title VII by Defendant Employers.

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

5

9. Since at least January 2002, Defendant Employers have engaged in unlawful

6 practices at their San Francisco, California work site in violation of section 703(a)(1) of Title

7 VII, 42 U.S.C. §2000e-2(a). These practices include subjecting Ms. Ortez and other similarly

8 situated employees to harassment and to an offensive, abusive, intimidating and hostile work

9 environment based on their sex, race and/or national origin. Defendants also subjected Ms. Ortez

10 and the class of similarly situated individual to disparate treatment and/or termination because of

11 their sex, race and/or national origin.

12

10. The effect of the practices complained of above has been to deprive Susanna

13 Ortez and others of equal employment opportunities and otherwise to adversely affect their

14 status as employees because of their sex, race and/or national origin.

15

11. The unlawful employment practices complained of above were intentional.

16

12. The unlawful employment practices complained of above were done with malice

17 and/or reckless indifference to the federally protected rights of Susanna Ortez and other similarly

18 situated individuals.

19

PRAYER FOR RELIEF

20

WHEREFORE, the Commission respectfully requests that this Court:

21

A. Grant a permanent injunction enjoining Defendant Employers, their officers,

22 successors, assigns, and all persons in active concert or participation with them, from engaging in

23 harassment and retaliation, and any other employment practice which discriminates on the basis

24 of sex, race or national origin.

25

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

26 programs which provide equal employment opportunities for racial and ethnic minority and/or

27 female employees and which eradicate the effects of their past and present unlawful employment

28 practices.

COMPLAINT
3

Case 3:06-cv-03008-CRB Document 1 Filed 05/04/2006 Page 4 of 5

1

C. Order Defendant Employers to make whole Susanna Ortez and other similarly

2 situated individuals, by providing appropriate backpay with prejudgment interest, in amounts to

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

4 unlawful employment practices, including but not limited to interest.

5

D. Order Defendant Employers to make whole Susanna Ortez and other similarly

6 situated individuals by providing compensation for past and future pecuniary losses resulting

7 from the unlawful employment practices described above, with interest, in amounts to be

8 determined at trial.

9

E. Order Defendant Employers to make whole Susanna Ortez and other similarly

10 situated individuals by providing compensation for past and future non-pecuniary losses caused

11 by the above unlawful conduct, including pain and suffering, emotional distress, indignity, loss

12 of enjoyment of life, loss of self-esteem, and humiliation, in amounts to be determined at trial.

13

F. Order Defendant Employers to pay Susanna Ortez and other similarly situated

14 individuals punitive damages for its malicious and reckless conduct described above, in amounts

15 to be determined at trial.

16

G. Grant such further relief as the Court deems proper.

17

H. Award the Commission its costs in this action.

18

JURY TRIAL DEMAND

19

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

20

21 Respectfully submitted,
22

23

JAMES L. LEE

DEPUTY GENERAL COUNSEL

24

GWENDOLYN YOUNG REAMS

25

ASSOCIATE GENERAL COUNSEL

26

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

27

1801 L Street, N.W.

28

Washington, DC 20507

COMPLAINT
4

Case 3:06-cv-03008-CRB Document 1 Filed 05/04/2006 Page 5 of 5

1 2 3 Dated: 4 5
Dated: 6 7 8 Dated: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COMPLAINT

WILLIAM R. TAMAYO Regional Attorney DAVID OFFEN-BROWN Supervisory Trial Attorney RAYMOND T. CHEUNG Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 350 The Embarcadero, Suite 500 San Francisco, California 94105-1260
5

 
 Case 3:06-cv-03008-CRB Document 3 Filed 07/14/2006 Page 1 of 1

1 WILLIAM R. TAMAYO - #084965 (CA) DAVID OFFEN-BROWN - #063321 (CA)
2 RAYMOND T. CHEUNG - #176086 (CA) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 San Francisco District Office 350 The Embarcadero, Suite 500
4 San Francisco, CA 94105 Telephone: (415) 625-5649
5 Facsimile: (415) 625-5657 raymond.cheung@eeoc.gov
6 Attorneys for Plaintiff EQUAL EMPLOYMENT
7 OPPORTUNITY COMMISSION

8

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

9

10 EQUAL EMPLOYMENT OPPORTUNITY ) Case No. C 06 3008 CRB

COMMISSION,

)

11

)

Plaintiff, ) NOTICE OF TENTATIVE

12

) SETTLEMENT

v.

)

13

)

)

14 AMELCO ELECTRIC SAN FRANCISCO, )

INC. and AMELCO CORPORATION,

)

15

)

Defendants. )

16

)

17

Plaintiff Equal Employment Opportunity Commission and Defendants Amelco Electric

18 San Francisco and Amelco Corporation have reached a tentative settlement of the above case.

19 The Parties have agreed to a Settlement Agreement, and have circulated a draft for signatures.

20 Once the terms of the Settlement Agreement have been satisfied, Plaintiff Equal Employment

21 Opportunity Commission will file a Dismissal with Prejudice.

22

Respectfully submitted,

23

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

24

25 Dated: July 14, 2006. 26

By /s/ Raymond T. Cheung RAYMOND T. CHEUNG Attorneys for Plaintiff

27

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

28

1
NO T IC E O F T E NT A TIV E SE T TL EM E N T

CASE NO. C 06 3008 CRB

 
 Case 3:06-cv-03008-CRB Document 7 Filed 08/28/2006 Page 1 of 6

1 WILLIAM R. TAMAYO - 084965 (CA) DAVID F. OFFEN-BROWN - 063321 (CA)
2 RAYMOND T. CHEUNG - 176086 (CA) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 San Francisco District Office 350 The Embarcadero, Suite 500
4 San Francisco, CA 94105 Telephone: (415) 625-5649
5 Facsimile: (415) 625-5657 raymond.cheung@eeoc.gov
6

7 Attorneys for Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
8

9

10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12

13 EQUAL EMPLOYMENT OPPORTUNITY ) Case No. 05-02492 MEJ and

COMMISSION,

) Case No. 06-3008 CRB

14

)

Plaintiff,) SETTLEMENT AGREEMENT

15

) BETWEEN THE EQUAL

v.

) EMPLOYMENT OPPORTUNITY

16

) COMMISSION AND AMELCO

AMELCO ELECTRIC SAN FRANCISCO ) ELECTRIC SAN FRANCISCO &

17 and AMELCO CORPORATION,

) AMELCO CORPORATION; ORDER

)

18

Defendants. )

------------------------------)
19

20

21

I. INTRODUCTION

22

A. Plaintiff Equal Employment Opportunity Commission ("Commission") filed

23 Case No. 05-02492 MEJ under Title VII of the Civil Rights Act of 1964, as amended, on

24 behalf of Carl McNair and a class of similarly situated individuals, alleging that Carl McNair

25 and class members were electricians working for Amelco Electric San Francisco and Amelco

26 Corporation (individually and collectively, "Defendants") when they were subjected to

27 harassing comments and/or disparate treatment due to their race, gender, religion and national

28 origin in violation of Title VII.

1
SETTLEMENT AGREEMENT AND ORDER

CIV NOS. 05-02492 MEJ and 06-3008 CRB

Case 3:06-cv-03008-CRB Document 7 Filed 08/28/2006 Page 2 of 6

· 1

B. Case No. 06-3008 CRB was filed by the Commission on behalf of Susanna

2 Ortez and a class of similarly situated electricians against Defendants Amelco Electric San

3 Francisco and Amelco Corporation. This action alleges that they were subjected to harassing

4 comments and/or disparate treatment due to their gender, race and/or national origin in

5 violation of Title VII.

6

C. Amelco Corporation and Amelco Electric S.F. Inc. (erroneously named as

7 Amelco Electric San Francisco), answered and denied all allegations ofdiscrimination,

8 harassment and unlawful conduct in Case No.05-02492 MEl.

9

D. Defendants were never served with Case No.06-3008 CRB, but received a copy

10 of the Complaint, and have alleged that it represents an abuse of EEOC process by the

11 Commission. The EEOC has mailed a Request for Waiver of Service of Case No.06-3008

12 CRB to Defendants' attorney of record.

13

14

The Commission and Defendants now seek to resolve both Case No. 05-02492 MEl and

15 Case No.06-3008 CRB (individually and collectively, the "Actions") as to each other, and as to

16 all Class Members referenced in the Actions (individually and collectively, the "Class

17 Members"), without further contested litigation, through the instant Settlement Agreement.

18

19

II. NON-ADMISSION OF LIABILITY

20

This resolution does not constitute any admission of liability or any other act or fact on

21 the part of Defendants, nor constitute any finding one way or the other as to any allegations

22 stated in the Commission's Complaints, or in Defendants' Answer or allegations in or about the

23 Actions. This Settlement Agreement represents a good faith settlement of contested and

24 disputed claims.

25

26

III. GENERAL PROVISIONS

27 1. This Settlement Agreement constitutes a full and final resolution as against Defendants,

28

and each of them, of all claims in the Actions by and on behalf of the Commission and

2 SETTLEMENT AGREEMENT AND ORDER

CIV NOS. 05-02492 MEJ and 06-3008 CRB

Case 3:06-cv-03008-CRB Document 7 Filed 08/28/2006 Page 3 of 6

1 2 2. 3 4 3. 5 6 4. 7 8 9 10 5. 11 12 13 14 15 16 6. 17 18 19 20 21 22 23 24 25 26 27 28

by and on behalf of all Class Members. This Settlement Agreement will be filed as an exhibit to Plaintiff EEOC's Notice of Dismissal of the Actions. This Settlement Agreement is final and binding on Defendants, the Commission and the Class Members, and each of them, and their successors and assigns, and each of them. The Commission, Class Members, and Defendants will each bear their own costs and attorneys' fees in this action.
IV. NON-RETALIATION The Defendants and their current officers, agents, employees agree not to. retaliate against Carl McNair, Susanna Ortez and class members for having testified or participated in any manner in the Conimission' s investigation and the proceedings in these cases.
V. MONETARY AND OTHER TERMS Upon execution of this Agreement, and subject to other conditions stated herein, Defendants agree to pay a total of$125,000.00 in settlement of the Actions.
(A) The specific allocation of these monies among Carl McNair, Susanna Ortez and/or other Class members shall be within the sole discretion of the EEOC, without any input requested from or required of Defendants.
(B) Within ten days of the full execution of this Settlement Agreement by all signatory Plaintiffs and Defendants, EEOC will notify Defendants' counsel of record, in writing, of the allocation of all settlement monies, identifying recipient individuals and amounts.
(C) Within twenty (20) days of Defendants' receipt of such notification, Defendants will send checks (for the amounts and made payable to the persons specified in the notification) via certified mail, Federal Express, or United Parcel Service delivery to Commission attorney Raymond Cheung at the Commission's San Francisco District

3
SETTLEMENT AGREEMENT AND ORDER

CIV NOS. 05-02492 MEJ and 06-3008 CRB

Case 3:06-cv-03008-CRB Document 7 Filed 08/28/2006 Page 4 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 7. 16 17 18 19 20 21 22 8. 23 24 25 26 27 III 28 III

Office - 350 The Embarcadero, Suite 500, San Francisco, California 94105. Defendants will issue the appropriate tax documents (1099) directly to the payees at addresses to be provided to Defendants by EEOC.
(D) Upon receipt of settlement checks totaling $125,000, the Commission shall send to Defendants' counsel of record a signed Notice of Dismissal with Prejudice of the entirety of both Actions, which Defendants shall be responsible for filing with the Court.
(E) The Commission shall not distribute any check to any specified individual Class Member unless and until said individual signs a Release of Claims acceptable to Defendants, which signed Releases of Claims the Commission shall thereafter send to Defendants' undersigned counsel. If any individual refuses to sign their Release of Claims form, their check shall be returned to Defendants, for reissuance of a check or checks totaling that same amount to such other Class Member(s) as EEOC shall designate, such reissued checks being subject to the same conditions set forth herein. The EEOC agrees not to institute any civil or administrative proceeding or action against Defendants, or either of them, or their officers, directors, employees, agents or representatives, based in whole or in part on any act alleged in EEOC Charge Nos. 3702003-00215 and/or 370-2002-08472, respectively, filed by Carl McNair and Susanna Ortez, or any act alleged in the Actions, or either of them.
VI. RETENTION OF JURISDICTION AND DISMISSAL For the purposes of enforcing the provisions of this Settlement Agreement, and pursuant to Kokkonen v. Guardian Life Ins. Co. ofAm., 511 U.S. 375,381-82 (1994) and Flanagan v. Arnaiz, 143 F.3d 540, 543-44 (9th Cir. 1998), this Court will retain jurisdiction of these two actions until Entry of the Dismissals with Prejudice of both Case Nos. 05-02492 MEJ and Case No. 06-3008 CRB.

4
SETTLEMENT AGREEMENT AND ORDER

CIV NOS. 05-02492 MEJ and 06-3008 CRB

Case 3:06-cv-03008-CRB Document 7 Filed 08/28/2006 Page 5 of 6

1

2

3
4 Dated: '\-\2 -0 ~

5

6

7
8 Dated: 1 ..\1.\ - Ok

9

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11

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13 Dated: - - - - - -
14

15

16 Dated: - - - - -
17

18

19 Dated: - - - - 20

21 22

23

24

It is so ordered.

25 26 Dated: August 21, 2006

27

28

AMELCO ELECTRIC S.F. INC., erroneously named as AMELCO
ELE. ~' "~ : F:NCISCO
BY __~~~L-__________~_______
AMELCO CORPORATION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
By__-=~~~=-~~~~__________ WILLIAM R. TAMAYO Regional Attorney
By_-=~~~====~~~~________ DAVID F. OFFEN-BROWN Supervisory Trial Attorney
By__~~~~~~~~~_________ RAYMOND T. CHEUNG Senior Trial Attorney

ORDER

TATES DISTRICT C IT IS SO ORDERED
Judge Charles R. Breyer

5
SETTLEMENT AGREEMENT AND ORDER

ERN DISTRICT OF C

UNITED S ALIFORNIA

OURT NORTH

Case 3:06-cv-03008-CRB Document 7 Filed 08/28/2006 Page 6 of 6

1

2

3

4 Dated:

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7

8 Dated:

9

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~ 12
13 I).ted: 14

Z#~I 15
16 I).ted: 17

18

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24

It is so ordered.

25

26 Dated:

27

28

AMELCO ELECTRIC S.F. INC., erroneously named as AMELCO ELECTRIC SAN FRANCISCO By AMELCO CORPORATION By EQUAL EMPLOYMENT OPPORTUNITY COMMISSION By
ORDER
United States District Judge

5
SETTLEMENT AGREEMENT AND ORDER

CIY NOS. 05-02492 MEJ and 06-3008 CRE

 
 CAND-ECF - Docket Report

https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?242511605945116-L_9...

ADRMOP, CLOSED, E-Filing
U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:06-cv-03008-CRB

Equal Employment Opportunity Commission v. Amelco Electric Date Filed: 05/04/2006

San Francisco et al

Jury Demand: Plaintiff

Assigned to: Hon. Charles R. Breyer

Nature of Suit: 442 Civil Rights: Jobs

Cause: 42:2000e Job Discrimination (Employment)

Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Raymond T. Cheung US EEOC 350 The Embarcadero, Suite 500 San Francisco, CA 94105-1260 415-625-5600 Fax: 415-625-5657 Email: raymond.cheung@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Amelco Electric San Francisco
Defendant Amelco Corporation

Date Filed 05/04/2006
05/04/2006
05/04/2006 07/14/2006

#

Docket Text

1 COMPLAINT against Amelco Electric San Francisco, Amelco Corporation. SUMMONS ISSUED. Filed byEqual Employment Opportunity Commission. (mcl, COURT STAFF) (Filed on 5/4/2006) Additional attachment(s) added on 5/5/2006 (mcl, COURT STAFF). (Entered: 05/04/2006)
2 ADR SCHEDULING ORDER: Case Management Statement due by 7/28/2006. Case Management Conference set for 8/4/2006 08:30 AM. (mcl, COURT STAFF) (Filed on 5/4/2006) Additional attachment(s) added on 5/4/2006 (mcl, COURT STAFF). (Entered: 05/04/2006)
CASE DESIGNATED for Electronic Filing. (mcl, COURT STAFF) (Entered: 05/04/2006)
3 NOTICE of Settlement [Tentative] by Equal Employment Opportunity Commission (Cheung, Raymond) (Filed on 7/14/2006) (Entered: 07/14/2006)

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CAND-ECF - Docket Report
07/17/2006 08/21/2006 08/28/2006 08/28/2006

https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?242511605945116-L_9...
4 ORDER DISMISSING CASE (30 day conditional dismissal). Signed by Judge Charles R. Breyer on 7/17/06. (be, COURT STAFF) (Filed on 7/17/2006) (Entered: 07/17/2006)
5 NOTICE of Voluntary Dismissal with Prejudice by Equal Employment Opportunity Commission (Attachments: # 1 Supplement)(Cheung, Raymond) (Filed on 8/21/2006) (Entered: 08/21/2006)
6 ORDER re 5 Notice of Voluntary Dismissal filed by Equal Employment Opportunity Commission,. Signed by Judge Charles R. Breyer on 8/21/06. (be, COURT STAFF) (Filed on 8/28/2006) (Entered: 08/28/2006)
7 Settlement Agreement Between EEOC and Amelco Electric & Signed by Judge Charles R. Breyer on 8/21/06. (be, COURT STAFF) (Filed on 8/28/2006) (Entered: 08/28/2006)

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