• •

1 WILLIAM R. TAMAYO (CA Bar No. 084965) JONATHAN T. PECK (VA Bar No. 12303)
2 CINDY O'HARA (CA Bar No. 114555) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 San Francisco District Office 350 The Embarcadero, Suite 500
4 San Francisco, CA 94105
Telephone No. (415) 625-5653 5 FacsImile No. (415) 625-5657

J

6 Attorneys for Plaintiff Equal Employment Opportunity Commission
7
8 UNITED STATES DISTRICT COURT
9 NORTHERN DISTRICT OF CALIFORNIA
10

11 EQUAL EMPLOYMENT OPPORTUey U O A c t i 3 8

COMMISSION,

12

COMPLAINT

13 14 v.

Plaintiff,

Civil Rights - Employment Discrimmation

15 VASQUEZ BROTHERS, INC., DBA
16 CENTRAL COAST PACKING,

JURY TRIAL DEMAND

17

Defendant.

18

19

NATURE OF THE ACTION

20

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

21 Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex

22 and retaliation and to provide appropriate relief to Ms. Maria Ceja aggrieved by

23 Defendant's unlawful practices. Plaintiff alleges that Defendant, Vasquez Brothers, Inc.,

24 DBA Central Coast Packing, unlawfully subjected Ms. Ceja to sexual harassment.

25 Plaintiff further alleges that Defendant subjected Ms. Ceja to retaliation after she

26 complained about and/ or rejected the unlawful sexual harassment.

27 / /

28 / /

COMPLA!l\T

Pag\.' I

• •

1

JURISDICTION AND VENUE

2

1. Jurisdiction of this Court is invoked pursuant to 28 U.s.c. §§ 451, 1331,

3 1337,1343 and 1345. This action is authorized and instituted pursuant to Section 706 (f)

4 (1) and (3) of Title VII of the Civil Rights Act of 1964, as amended (Title VII), 42 U.s.c.

5 §2000e-5 (f) (1) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.s.c.

6 §1981(a).

7

INTRA-DISTRICT ASSIGNMENT

8

2. This action is appropriate for assignment to the San Jose division because

9 the unlawful employment practices alleged were committed within Monterey County,

10 the employment record relevant to the unlawful practices are located in Monterey

11 County, and because Defendant's principal place of business is in Monterey County.

12

PARTIES

13

3. Plaintiff, the Equal Employment Opportunity Commission

14 ("Commission"), is the agency of the United States of America charged with the

15 administration, interpretation and enforcement of Title VII, and is expressly authorized

16 to bring this action by Sections 706(f)(I) and (3) of Title VII, 42 U.s.c. §2000e-5(f)(I) and

17 (3).

18

4. At all relevant times, Defendant Central Coast Packing ("Defendant") has

19 continuously been, and is now, a California corporation, qualified and doing business in

20 the state of California and the city of Soledad and has continuously had and does now

21 have at least 15 employees.

22

5. At all relevant times, Defendant has continuously been, and is now, an

23 employer engaged in an industry affecting commerce within the meaning of Sections

24 701(b), (g) and (h) of Title VII, 42 U.s.c. §§ 2000e(b), (g) and (h).

25 / /

26 / /

27 / /

28 / /

COMPLAINT

Page 2

•

•

1

STATEMENT OF CLAIMS

2

FIRST CLAIM FOR RELIEF

3

Violation of Title VII of Civil Rights Act Based on Sex Discrimination, Sexual

Harassment

4

6. More than thirty days prior to the institution of this lawsuit, Ms. Maria

5

Ceja filed charges with the Commission alleging violations of Title VII by Defendant.

6

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

7

7. Since at least April 2002, Defendant has engaged in unlawful employment

8

practices of sex discrimination in violation of Section 703 (a) (1) of Title VII, 42 USc. §

9 2000e-2(a)(1), by subjecting Charging Party Maria Ceja ("Charging Party") to a sexually

10

hostile, abusive, intimidating and offensive work environment.

11 8. The effect of the practices complained of above in paragraph 7 has been to

12

deprive Charging Party of equal employment opportunities and otherwise adversely

13

affect her employment status because of her sex.

14

9. The unlawful employment practices complained of above in paragraph 7

15

were and are intentional.

16

10. The unlawful employment practices complained of above in paragraph 7

17

were done with malice and/ or reckless indifference to the federally protected rights of

18

Charging Party.

19

SECOND CLAIM FOR RELIEF

20

Violation of Title VII of Civil Rights Act Based on Retaliation

21

11. Plaintiff Commission hereby incorporates the allegations of paragraphs 1

22

through 7 above as though fully set forth herein.

23 12. In addition to the above-referenced harassment, Defendant has engaged in

24 unlawful employment practices in violation of Section 704 (a) of Title VII, 42 USc. §

25

2000e-3 (a), by subjecting Charging Party to adverse employment actions in retaliation

26 for her opposition to and rejection of sexual harassment, including, inter alia,

27

termination of her employment.

28

13. The effect of the action complained of in paragraph 12 above has been to

COMPLAINT

Page 3

• •

1 deprive Charging Party of equal employment opportunities and otherwise adversely

2 affect her status as an employee because of her protected activity.

3

14. The unlawful employment practices complained of in paragraph 12 above

4 were intentional.

5

15. The unlawful employment practices complained of in paragraph 12 above

6 were done with malice or with reckless indifference to the federally protected rights of

7 Charging Party.

8

PRAYER FOR RELIEF

9

Wherefore, the Commission respectfully requests that this Court:

10

A. Grant a permanent injunction enjoining Defendant, its officers, successors,

11 assigns, and all persons in active concert or participation with it, from engaging in

12 sexual harassment and/ or retaliation against its employees.

13

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

14 programs which provide equal employment opportunities for women and those

15 persons who complain about sexual harassment, and which eradicate the effects of its

16 past and present unlawful employment practices.

17

C. Order Defendant to make whole Charging Party by providing

18 compensation for past and future pecuniary losses resulting from the unlawful

19 employment practices complained of above, including but not limited to medical

20 expenses or other out of pocket expenses in amounts to be determined at trial.

21

D. Order Defendant to make whole Charging Party by providing

22 compensation for past and future non-pecuniary losses resulting from the unlawful

23 practices complained of above, including but not limited to pain and suffering,

24 emotional distress, indignity, loss of enjoyment of life, loss of self-esteem and

25 humiliation, in amounts to be determined at trial.

26

F. Order Defendant to pay Charging Party punitive damages for its

27 malicious and reckless conduct complained of above, in amounts to be determined at

28 trial.

COMPLAINT

Page 4

• •

1

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

2 public interest.

3

H, Award the Commission its costs of this action,

4

JURY TRIAL DEMAND

5

Pursuant to the provisions of Federal Rule of Civil Procedure 38(b), Plaintiff

6 hereby demands a jury trial.

7

James L. Lee

8

Deputy General Counsel

Gwendolyn Young Reams

9

Associate General Counsel

10

Equal Employment Opportunity Commission

1801 L Street, N,W,

11

Washington, DC 20507

12

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

13

Office of the General Counsel

Washington, DC 20507

14

15

Dated:

16

/

17

18 Dated:
19

20
t- ~: Dated:Sr h~ ;;2;:)/ (Joop

23

EQUAL EMPLOYMENT OPPORTUNITY

24

COMMISSION

San Francisco District Office

25

350 The Embarcadero, Suite 500

San Francisco, CA 94105

26

27

28

COMPLAINT

Page 5

 
 1 WILLIAM R. TAMAYO (CA Bar No. 084965) JONATHAN T. PECK (VA Bar No. 12303)
2 CINDY O’HARA (CA Bar No. 114555) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 San Francisco District Office
350 The Embarcadero, Suite 500
4 San Francisco, CA 94105 Telephone No. (415) 625-5653
5 Facsimile No. (415) 625-5657

6 Attorneys for Plaintiff Equal Employment Opportunity Commission
7

8 UNITED STATES DISTRICT COURT
9 NORTHERN DISTRICT OF CALIFORNIA
10

11 EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

12

)

)

13

Plaintiff,

)

)

14 v.

)

)

15

)

VASQUEZ BROTHERS, INC., DBA

)

16 CENTRAL COAST PACKING,

)

)

17

Defendant.

)

_______________________________________ )

18

Civil Action No. C-05-3867 PVT
CONSENT DECREE BETWEEN EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND VASQUEZ BROTHERS, INC. dba CENTRAL COAST PACKING

19

Plaintiff Equal Employment Opportunity Commission (“Commission”) filed this

20 action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of

21 1991 to correct alleged unlawful employment practices on the basis of discrimination

22 based on sex, and to provide appropriate relief to Maria Guadalupe Ceja whom the

23 Commission alleged was adversely affected by such practices. The Commission alleged

24 that Defendant Vasquez Brothers, Inc., dba Central Coast Packing (“Central Coast”)

25 subjected Ms. Ceja to unlawful harassment based on her sex, in violation of Title VII.

26 Defendant has denied all of the above allegations and claims. The Commission and

27 Defendant Central Coast now seek to resolve this action as to each other and as between

28 Central Coast and Maria Guadalupe Ceja (“Charging Party”) without further contested

Consent Decree Between EEOC and Vasquez Brothers, Inc. dba Central Coast Packing

Page 1

1 litigation through the instant Consent Decree. This resolution does not constitute an

2 admission of liability on the part of Central Coast, nor constitute a finding on the

3 allegations stated in the Commission’s Complaint.

4

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

5 herein, and the applicable law, and now approves this Consent Decree.

6

THEREFORE IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

7 GENERAL PROVISIONS

8

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

9 action. This Court retains jurisdiction over this Consent Decree during its term.

10

2. This Consent Decree constitutes a full and final resolution of the

11 Commission’s claims against Central Coast in this action.

12

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

13

4. This Consent Decree is final and binding upon the parties to it, their

14 successors and assigns.

15

5. The Commission and Central Coast will each bear its own costs and

16 attorneys fees in this action.

17 GENERAL INJUNCTIVE RELIEF

18

6. Central Coast and its current officers, agents, employees, and all persons

19 in active concert or participation with them will comply with all requirements of Title

20 VII with respect to providing a work environment free from discrimination, including

21 harassment on the basis of sex.

22

7. Central Coast and its current officers, agents, employees, and all persons

23 in active concert or participation with them agree not to retaliate against the Charging

24 Party, or any other employee or former employee, for having testified or participated in

25 any manner in the Commission’s investigation and the proceedings in this case.

26 SPECIAL INJUNCTIVE RELIEF

27

Non-Discrimination Policies

28

8. Within thirty (30) days of the entry of this Consent Decree, Central Coast

Consent Decree Between EEOC and Vasquez Brothers, Inc. dba Central Coast Packing

Page 2

1 will distribute or redistribute copies of its sexual harassment policy to all workers in

2 both English and Spanish, and will provide copies to all new and returning workers as

3 they enter or re-enter the workforce.

4

Training

5

9. Central Coast will use an outside consultant, paid for by Central Coast, to

6 train all employees in both the Salinas Valley in California and Yuma, Arizona

7 concerning sexual harassment, once each year in each location (two trainings total per

8 year) such year to be measured from the entry of this Consent Decree. The training will

9 be introduced by a member of upper management for Central Coast in both locations.

10

Record Keeping and Reports

11

10. Within thirty (30) days after completing each training session described in

12 paragraph 9, Central Coast will mail to counsel for the Commission a report containing

13 the date of training, the name and position of the individual from upper management

14 who introduced the training, an outline of the training content, a list of all attendees,

15 and copies of all materials distributed at the training.

16

11. Once every six (6) months, to be measured beginning at the date of entry

17 of this Consent Decree and continuing for the duration of this Consent Decree, Central

18 Coast will notify the counsel for the Commission whether it has received any

19 complaints of sexual harassment from its employees (whether said complaints were

20 filed with an administrative agency or simply raised to a management official at the

21 workplace), what steps were taken in response to that information, and how the

22 situation was resolved.

23 MONETARY RELIEF

24

12. Central Coast will pay the sum of $42,000.00, to Maria Guadalupe Ceja as

25 damages and in complete satisfaction of the Commission’s claims against Central Coast

26 as set forth in its Complaint. This sum will be paid by check directly to Ms. Ceja, and

27 will be mailed to her in care of the Equal Employment Opportunity Commission,

28 Attention: Maricela Medina, at 96 N. Third Street, San Jose, CA 95211. Said check will be

Consent Decree Between EEOC and Vasquez Brothers, Inc. dba Central Coast Packing

Page 3

1 sent by Central Coast within fifteen (15) days of the filing of the Consent Decree.

2 EXPIRATION OF CONSENT DECREE

3

13. This Consent Decree constitutes a full and final resolution of all the

4 Commission’s claims against Central Coast in this action. This Consent Decree will be in

5 effect for three (3) years, and will expire at midnight of the date three (3) years after its

6 entry by the Court, provided that Central Coast has substantially complied with the

7 terms of this Consent Decree. Central Coast will be deemed to have complied

8 substantially if the Court has not made any findings or orders during the term of the

9 Decree that Central Coast has failed to comply with any of the terms of this Decree.

10

E-filing concurrence: I, Cindy O’Hara, attorney for Plaintiff Commission, attest

11 that I have obtained the concurrence of Lainie Cohen, attorney for Defendant Vasquez

12 Brothers, Inc. dba Central Coast Packing for the lodging of this Consent Decree.

13

14 On Behalf of Plaintiff Commission:

On Behalf of Defendants:

15 Dated: October 3, 2006
16 EQUAL EMPLOYMENT OPPORTUNITY
17 COMMISSION

Dated: October 3, 2006 LERCH, STURMER, LLP

18 ______/S/____________________ WILLIAM R. TAMAYO
19 Regional Attorney
20 ______/S/____________________ JONATHAN PECK
21 Supervisory Trial Attorney

_______/S/_______________________
LAINIE COHEN Attorneys for Defendant Vasquez Brothers, Inc. dba Central Coast Packing

22 ______/S/____________________ CINDY O’HARA
23 Senior Trial Attorney

24

25

ORDER

26

It is so ordered.

27

28 Dated:____1_0_/_5__/_0_6__________

____________________________________ U.S. XDXisXtrXicXtXCXoXuXrt Judge

Magistrate

Consent Decree Between EEOC and Vasquez Brothers, Inc. dba Central Coast Packing

Page 4

 
 CAND-ECF - Docket Report

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ADRMOP, CLOSED, E-Filing, MEDTERM
U.S. District Court California Northern District (San Jose) CIVIL DOCKET FOR CASE #: 5:05-cv-03867-PVT

Equal Employment Opportunity Commission v. Vasquez Brothers, Inc. Assigned to: Magistrate Judge Patricia V. Trumbull Cause: 28:1331 Federal Question: Other Civil Rights

Date Filed: 09/26/2005 Date Terminated: 11/28/2006 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Jonathan T. Peck U.S. EEOC 350 Embarcadero Street Suite 500 San Francisco, CA 94105-1687 415/625-5600 Fax: 415-625-5657 Email: Jonathan.Peck@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cynthia Senner O'Hara Equal Employment Opportunity Commission 350 The Embarcadero, Suite 500 San Francisco, CA 94105-1260 415/625-5653 Fax: 415-625-5657 Email: cindy.ohara@eeoc.gov ATTORNEY TO BE NOTICED

William Robert Tamayo U.S. EEOC 350 Embarcadero Street Suite 500 San Francisco, CA 94105-1687 415-625-5645 Fax: 415-625-5657 Email: william.tamayo@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant

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Vasquez Brothers, Inc. doing business as Central Coast Packing

represented by Lainie E. Cohen Lerch Sturmer LLP 333 Bush Street Suite 2020 San Francisco, CA 94104 415-217-6340 Fax: 415-217-2782 Email: lcohen@lerchsturmer.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Debra Steel Sturmer Lerch Sturmer LLP 333 Bush Street Suite 2020 San Francisco, CA 94104 415 217-6340 Fax: 415-217-2782 Email: DSturmer@lerchsturmer.com ATTORNEY TO BE NOTICED

Date Filed 09/26/2005 09/26/2005
09/26/2005 09/26/2005 10/19/2005
10/20/2005 10/20/2005

#

Docket Text

1 COMPLAINT (Summons Issued); jury demand; fee waived; against Vasquez Brothers, Inc.. Filed by Equal Employment Opportunity Commission. (bw, COURT STAFF) (Filed on 9/27/2005) (Entered: 09/27/2005)
2 ADR SCHEDULING ORDER: Case Management Statement due by 1/24/2006. Case Management Conference set for 1/31/2006 02:00 PM. (Attachments: # 1 Standing Order)(bw, COURT STAFF) (Filed on 9/26/2005) (Entered: 09/27/2005)
Summons Issued as to Vasquez Brothers, Inc.. (bw, COURT STAFF) (Filed on 9/27/2005) (Entered: 09/27/2005)
CASE DESIGNATED for Electronic Filing. (bw, COURT STAFF) (Filed on 9/26/2005) (Entered: 09/27/2005)
3 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 1 Complaint, 2 ADR Scheduling Order, Summons Issued, with Acknowledgment of Service attached. (Attachments: # 1 Exhibit Acknowledgment of Receipt of Service)(O'Hara, Cindy) (Filed on 10/19/2005) (Entered: 10/19/2005)
4 ANSWER to Complaint with JURY DEMAND byVasquez Brothers, Inc.. (Cohen, Lainie) (Filed on 10/20/2005) (Entered: 10/20/2005)
5 AFFIDAVIT re 4 Answer to Complaint Declaration of Service of Answer to Complaint by Vasquez Brothers, Inc.. (Cohen, Lainie) (Filed on 10/20/2005) (Entered: 10/20/2005)

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01/10/2006 01/23/2006 01/24/2006 01/24/2006 01/27/2006 01/30/2006 01/30/2006 01/31/2006
01/31/2006 02/01/2006 03/06/2006 03/14/2006 06/06/2006 07/20/2006 10/03/2006

https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?418763418311885-L_3...
6 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (O'Hara, Cindy) (Filed on 1/10/2006) (Entered: 01/10/2006)
7 ADR Clerks Notice Setting ADR Phone Conference on 1/30/06 at 9:30 a.m. Please take note that plaintiff's counsel initiates the call to all parties. (tjs, COURT STAFF) (Filed on 1/23/2006) (Entered: 01/23/2006)
8 JOINT CASE MANAGEMENT STATEMENT filed by Vasquez Brothers, Inc.. (Cohen, Lainie) (Filed on 1/24/2006) (Entered: 01/24/2006)
9 NOTICE of Change of Address by Lainie E. Cohen (Cohen, Lainie) (Filed on 1/24/2006) (Entered: 01/24/2006)
10 JOINT CASE MANAGEMENT STATEMENT FIRST AMENDED filed by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 1/27/2006) (Entered: 01/27/2006)
ADR Remark: ADR Phone Conference conducted on 1/30/05 by RWS. (tjs, COURT STAFF) (Filed on 1/30/2006) (Entered: 01/30/2006)
11 CONSENT to Proceed Before a US Magistrate Judge by Equal Employment Opportunity Commission.. (O'Hara, Cindy) (Filed on 1/30/2006) (Entered: 01/30/2006)
12 Minute Entry: Initial Case Management Conference held on 1/31/2006 before Patricia V. Trumbull (Date Filed: 1/31/2006). Jury Trial set for 4/27/2007 09:30 AM. Pretrial Conference set for 4/10/2007 02:00 PM. (Court Reporter FTR.) (cm, COURT STAFF) (Date Filed: 1/31/2006) (Entered: 01/31/2006)
13 CONSENT to Proceed Before a US Magistrate Judge by Vasquez Brothers, Inc... (bw, COURT STAFF) (Filed on 1/31/2006) Additional attachment(s) added on 1/31/2006 (bw, COURT STAFF). (Entered: 01/31/2006)
14 CASE MANAGEMENT CONFERENCE ORDER. Signed by Judge Patricia V. Trumbull on 01/31/06. (pvtlc1) (Filed on 2/1/2006) (Entered: 02/01/2006)
CASE REFERRED to court-sponsored Mediation. See #14. (af, COURT STAFF) (Filed on 3/6/2006) (Entered: 03/06/2006)
15 ADR Clerk's Notice Appointing Jessica M. Notini as Mediator dated 3/14/2006. (af, COURT STAFF) (Filed on 3/14/2006) (Entered: 03/14/2006)
Set/Reset Hearings: Mediation Hearing set for 6/12/2006 10:00 AM., in the offices of the EEOC, 96 North Third St., Suite 200, San Jose, CA. (af, COURT STAFF) (Filed on 6/6/2006) (Entered: 06/06/2006)
16 CERTIFICATION OF MEDIATION Session on 6/12/2006, case full settled, mediation complete. Filed by Mediator, Jessica Notini, dated 6/25/2006. (af, COURT STAFF) (Filed on 7/20/2006) (Entered: 07/20/2006)
17 Consent Decree Between Equal Employment Opportunity Commission and Vasquez Brothers, Inc. dba Central Coast Packing by Equal Employment Opportunity Commission (O'Hara, Cindy) (Filed on 10/3/2006) Text modified on 10/4/2006 to conform to caption of document post by counsel (bw, COURT STAFF). (Entered: 10/03/2006)

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18 CONSENT DECREE. Signed by Judge Patricia V. Trumbull on 10/5/06. (pvtlc1) (Filed on 10/5/2006) (Entered: 10/05/2006)

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