· I
A. Luis Lucero, Jr. Claire Cordon 2 Wesley Katahira Equal Employment Opportunity Commission 3 909 First Avenue, Suite 400 Seattle, WA 98104-1061 4 Telephone: (206) 220-6906

ORIGI Al
" -

5 Attorneys for Plaintiff

6

7

8

UNITED STATES DISTRICT COURT

9

DISTRICT OF IDAHO

10 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
II Plaintiff,
12 v.
13 J. R. SIMPLOT CO.,
14 Defendant.
15

"l~)·:
CIVIL ACTIOfJ COMPLAINT JURY TRIAL DEMAND

16

NATURE OF THE ACTION

17

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

18 1964 and Title I of the civil Rights Act of 1991 to correct

19 unlawful employment practices on the basis of national origin,

20 and to provide appropriate relief to Raquel Villagomez and a

21 group of similarly situated Hispanic and Asian American

22 applicants and employees who were adversely affected by J.R.

23 Simplot, Co. 's use of a test that has a disparate impact that

24 cannot be justified by business necessity or job-relatedness.

25

COMPLAINT - PAGE 1

u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Seattle District Office

909 First Avenue, SU"lte 400

Seattle, Washington 98104-1061

Telephone; (206! 220-6883

Facsimile: (206) 220-6911

TOD: (206) 220-6882

\ -

1

JURISDICTION AND VENUE

2

1. Jurisdiction of this Court is invoked pursuant to 28

3 U.S.C. §§451, 1331, 1337, 1343 and 1345. This action is

4 authorized and instituted pursuant to Section 706(f) (1) and (3)

5 of Title VII of the Civil Rights Act of 1964, as amended, 42

6 U.S.C. §2000e-5 (f) (1) and (3) ("Title VII") and Section 102 of

7 the civil Rights Act of 1991, 42 U.S.C. §1981A.

8

2. The employment practices alleged to be unlawful were

9 committed within the jurisdiction of the United States District

10 Court for the District of Idaho.

11

PARTIES

12

3. Plaintiff, the Equal Employment Opportunity Commission

13 (the IICommission l1 ) I is the agency of the United States of America

14 charged with the administration, interpretation and enforcement

15 of Title VII and is expressly authorized to bring this action by

16 Section 706(f) (1) and (3) of Title VII, 42 U.S.C. S§2000e-5(f) (1)

17 and (3).

18

4. At all relevant times, defendant, J.R. Simplot Co. (the

19 "Employer"), has continuously been an Idaho corporation

20 doing business in the State of Idaho, and has continuously had at

21 least 15 employees.

22

5 . At all relevant times, defendant Employer has

23 continuously been an employer engaged in an industry affecting

24 commerce within the meaning of Sections 701(b), (g) and (h)

25 of Title VII, 42 U.S.C. §§2000e(b), (g) and (h)

COMPLAINT - PAGE 2

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Avenue, Suite 400 Seattle, Washington 98104·1061
Telephone: (206) 220·6883 Facsimile: (206) 220-6911 TDD: (206) 220·6882
,._, r

STATEMENT OF CLAIMS

2

6. More than thirty days prior to the institution of this

3 lawsuit, Raquel Villagomez filed a charge with the Commission
4 alleging violations of Title VII by defendant Employer. All

5 conditions precedent to the institution of this lawsuit have been

6 fulfilled.

7

7 . Since 1992, defendant Employer has engaged in unlawful

8 employment practices at its Heyburn, Idaho, facility, in

9 violation of 703(a) of Title VII, 42 U.S.C. §2000e-2(a). These

10 practices include Simplot's use of a test that has an adverse

II impact on Hispanic and Asian American employees and applicants

12 that cannot be justified by business necessity or job-

13 relatedness.

14

8. The effect of the practices complained of in paragraph

IS 7 above has been to deprive Raquel Villagomez and a group of

16 similarly situated Hispanic and Asian American applicants and

17 employees of equal employment opportunities and otherwise

18 adversely affect their status as applicants and employees,

19 because of their national origin and race.

20

PRAYER FOR RELIEF

21

Wherefore t the Commission respectfully requests that this

22 Court:

23

A. Grant a permanent injunction enjoining defendant

24 Employer, its officers, successors, assigns, and all persons in

25 active concert or participation with it, from engaging in any

COMPLAINT - PAGE 3

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911 TDO: (206) 220-6882

1 employment practice which discriminates on the basis of national

2 origin.

3

B. Order defendant Employer to institute and carry out

4 policies, practices, and programs which provide equal employment

5 opportunities for Hispanic and Asian American applicants and

6 employees, and which eradicate the effects of its past and

7 present unlawful employment practices.

8

C. Order Defendant Employer to make whole Raquel

9 Villagomez and a group of similarly situated Hispanic and Asian

10 American applicants and employees of Defendant, by providing

11 appropriate back pay with prejudgment interest, in amounts to be

12 determined at trial, and other affirmative relief necessary to

13 eradicate the effects of its unlawful employment practices.

14

D. Grant such further relief as the Court deems necessary

15 and proper in the public interest.

16

E. Award the Commission its costs of this action.

17

18

DATED this

19
A. LUIS LUCERO, JR. 20 Regional Attorney

21 CLAIRE CORDON
Supervisory Trial Attorney 22
Wesley Katahira 23 Trial Attorney
C 24 BY: @"(.7J Y'-4oJ :21~ ~
, . ( j 25

r , ~.

\

day of ~"elie.m 0 e

1999.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Avenue, Suite 400
Seattle, Washington 98104

Telephone (206) 220-6895

COMPLAINT· PAGE 4

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911 TDO: (206) 220-6882

...... '

.,....~.

C. GREGORY STEWART General Counsel Designee 2 GWENDOLYN YOUNG REAMS 3 Associate General Counsel

4 Office of the General Counsel
1801 "L" Street NW 5 Washington, D.C. 20507

6

Attorneys for Plaintiff

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

COMPLAINT - PAGE 5

U.S. eQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: 1206) 220-6883 Facsimile: 12061 220-6911 TDD: (206) 220-6882

 
 -, ·•' ...

Case 1:99-cv-00439-BLW Document 31 Filed 06/15/01 Page 1 of 14 Case 1:99-cv-oow-BLW Document 31 Filed 06/15- Page 1 of 38

1 A. LUIS LUCERO, JR., REGIONAL ATTORNEY

BARBARA J. STANDAL, SUPERVISORY TRIAL ATTORNEY

2 WESLEY KATAHIRA, SENIOR TRIAL ATTORNEY

JOHN F. STANLEY, SENIOR TRIAL ATTORNEY

3 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

909 FIRST AVENUE, SUITE 400

4 SEATTLE, WASHINGTON 98104 TELEPHONE: (206) 220-6851
5

UNITED STATE'S DISTRICT OF COURTS IDAHO

Attorneys for Plaintiff 6

MAY 8 0 2001

DAVID E. SPURLING, ISB No. 3217

7 J.R. SIMPLOTCOMPANY

999 MAIN, SUITE 1300

8 BOISE, IDAHO 83702

TELEPHONE: (208) 336-2110

9 HARRY S. CHANDLER, ISB No. 5563
I0 STOEL RNES LLP

n;J n:.u su..rt:s cown~,
DISTRICT OF II>AHO

101 SOUTH CAPITOL BOULEVARD 11 BOISE, IDAHO 83702
TELEPHONE: (208) 387-4213 12

JUN 15 2001
:_:~-~~~~~.!;~

Attorneys for Defendant

13

14

UNITED STATES DISTRICT COURT

15

DISTRICT OF IDAHO

16
EQUALEMPLOYMENTOPPOR~TY
17 COMMJSSION,

18

Plaintiff,

19

v.

20 J.R. SIMPLOT CO.,

21

Defendant.

22

) NO. CN99-0439-S-BLW ) )
) G I 3&1!11i']
) CONSENf DECREE ) ) ) ) ) ) )

23

24

25

Bolse-123303.7 0017861-00030
CONSENT DBCRBE- Page I

U.5. EQUAL EMPLOYMENT OPPORTUNITY COMMI5510N 5••~t1• Dl•triot OHIGo
809 FlrtS:. /Wffit.f, Suite! 400
s....... w•.,Jn,ton 91'>104-1061
To:Ophon"' (206) 220-till!l3
Fo.,.lmllo' (206) 220-6!;111
TDD' (206) 220·6002

!J\

. '(.
··~

Case 1:99-cv-00439-BLW Document 31 Filed 06/15/01 Page 2 of 14 Case 1:99-cv-00--BLW Document 31 Filed 06/15- Page 2 of 38

1

I. INTRODUCTION

2

1. This action originated with discrimination charges filed with the Equal

3 Employment Opportunity Commission in August 1995 by the individuals identified as Charging

4 Parties on Exhibit 1. The Charging Parties alleged that J. R. Simplot Company ("the Company")

5 discriminated against them on the basis of national origin, at its Heyburn, Idaho plant, in

6 violation of Title VII of the Civil Rights Act of 1964 ("Title VIT'), 42 U.S.C. § 2000e et seq,

7 when the Company is alleged to have denied them employment opportunities because they did

8 not pass a written, English-language reading skills test then in use.

9

2. Following the issuance of Letters ofDetermination, the Commission filed this

I 0 action on September 30, 1999. The complaint alleges that the Company used a written test of

11 English language reading skills that had an adverse impact on Hispanic and Asian American

12 employees and applicants.

13

3. The EEOC and the Company want to settle at this time all claims arising out of

14 the above charges of discrimination and complaint alleging that the reading skills test described

15 in ~4.2, below, violated Title Vll based on national origin and race without expending further

16 resources in contested litigation. The charges filed by the Charging Parties listed on Exhibit 1

17 are fully and finally resolved by this Decree. Nothing in this Decree precludes the EEOC from

18 processing other charges pending as of the Effective Date of this Decree and those filed in the

19 future alleging violations of Title VII based on national origin or race as to any other selection

20 device used by the Company.

21

II. DEFINITIONS

22

4. The following definitions apply to terms used in this Decree:

23

4.1 The term "Charging Parties" refers individually and collectively to those

24 persons identified in Exhibit 1.

25

Bolo;e-123303.7 0017861-00030 CONSENT DECREE- Page 2

U.e, EQUAL EMf'LOYMENT OPf'ORTUNITY COMMISSION 5o.ot>t.lo DI&Uiot Oflloo
909 Flr6t Avonu., 6oit<> 400
s...u., 'N•ohl~• 91ll04-'061
Tolopl>oN: (206) 220-~
f..,•;mrr.: (206) 220·6811
TOO: (206) 220-61lll2

Case 1:99-cv-00439-BLW Document 31 Filed 06/15/01 Page 3 of 14 Case 1:99-cv-OO--BLW Document 31 Filed 06/15- Page 3 of 38
··.

1

4.2 The term "Claimant Groups" describes those individuals ofHispanic or

2 Asian racial or ethnic origin who have been identified by the Company and the EEOC as having

3 (1) failed the reading skills test utilized by the Company as a selection device for hire and

4 promotion into Class lAillljobs between 1992 and August 6, 1998, or (2) claimed that they were

5 deterred from taking the reading skills test for Class Will jobs during that same period because

6 they believed that they could not pass that test.

7

4.3 "Claimant" refers to each Charging Party and each member of a Claimant

8 Group who timely returns to the Company a properly completed Proof of Claim Form and

9 Release ("Claim Form") as described in paragraphs 18-21 below.

10

4.4 "Effective Date" refers to the date of entry ofthis Decree by the Court.

11

III. NONADMISSION OF LIABILITY

12

5. This Decree is not an admission ofwrongdoing or an adjudication or finding on

13 the merits of the case, The Company specifically denies the alleged violations of Title VII.

14

IV. GENERAL PROVISIONS

15

6. Nothing in this Decree shall be construed to limit or reduce the Company's

16 obligation to comply fully with Title Vll of the 1964 Civil Rights Act, as amended (''Title VIr'),

17 or the regulations promulgated pursuant thereto.

18

7. The Company agrees that there will be no retaliation of any kind against any

19 person who provided information or assistance, filed a charge, participated in any manner in any

20 proceeding or investigation related to this litigation, or received relief pursuant to this Decree.

21

V. SETTLEMENT FUND

22

8. The "Settlement Fund Administrator" is the employee identified by the Company

23 to be the internal contact person who will have primary administrative responsibility for

24 implementing the terms of this Decree.

25

Boise-123303.7 0017861-00030
CONSENT DECREE- Page 3

U,6. EQUAL EMI"LOYMENT OJ"J"OI:TUNITY COMMI5510N So•ttlo Olatrfa"t Offlc;e
008 FJrst Awnw. fJuiW 400 flN~~•• W•ohlngron 9810·4-1061
To1ophono: {200) 220·666:1 F•G61111fo: (206) 220·~11
n:>P: (206) 220-6882

' '
-.. ,_

Case 1:99-cv-00439-BLW Document 31 Filed 06/15/01 Page 4 of 14 Case 1:99-cv-00--BLW Document 31 Filed 06/15- Page 4 of 38

1

9. Within 15 days following the Effective Date of this Decree, the Company agrees to

2 deposit the $125,000.00 Settlement Fund in an interest-bearing account at an FDIC-insured

3 financial institution. The "Settlement Fund" refers to the monetary fund established by the

4 Company to resolve all monetary claims (including lost wages, back pay, interest, and FICA

5 contributions of employer and employee) of plaintiff, Charging Parties, Claimants, and the

6 Claimant Groups. Of the $125,000 Settlement Fund, $70,000 is designated as compensation for

7 lost wages, and the remaining $55,000 is designated as interest on lost wages. The interest that

8 accrues on the Settlement Fund, pursuant to paragraph 11, below, shall be added to the interest

9 portion of the Settlement Fund and shall be distributed to Claimants.

10

10. The specific amounts oflost wages and interest each Claimant is entitled to

11 receive shall be set forth in a separate Exhibit 5 to be filed with the court on completion of the

12 Claim Form process and computations described below.

13

11. Interest shall accrue on the Settlement Fund at the highest rate available for a

14 deposit of this size for a 180-day certificate of deposit from the date of deposit described in

15 paragraph 9 above until10 days preceding the mailing date described in paragraph 24 below. If

16 the Settlement Fund is not to be distributed within 10 days following the maturity of the initial

17 certificate of deposit, the Fund shall be deposited into an FDIC-insured interest bearing account

18 pending distribution of the Fund to Claimants. The Company will report the amounts of accrued

19 interest to the EEOC every 60 days following the Effective Date pending distribution of

20 settlement amooots to the Claimants. All accrued interest shall become part of the interest

21 portion of the Settlement Fund.

22

12. In developing a formula for the distribution of the Settlement Fund, the parties

23 will take the following factors into consideration:

24

a. The date the Claimant took and failed to pass the reading test at issue,

25

when the test was used as a selection device, either as an employee seeking

Boise-123303.7 0017861-00030
CONSENT DECREE- Page 4

U.S. EQUAli:MPlOYMENf Of'f'ORfUNITY COMMISSION S••ttlo Dlttrlot OfftGII
909 Flrn IIY<Inuo, 6uit& 400 S.r.tlo, W•o~;l'f!foO 001()4-1061
T&phoM: (206) 220.66-" f.oo<in'llo: (206) 220.00» TDD: (206} 220-119~2

··.. ''

Case 1:99-cv-00439-BLW Document 31 Filed 06/15/01 Page 5 of 14 Case 1:99-cv-oow-BLW Document 31 Filed 06/15- Page 5 of 38

1

a promotion/transfer to, or an external applicant applying for, a Class

2

IAIIII position.

3

b. The dates of employment, if hired by the Company.

4

c. Whether the Claimant filed a charge of discrimination under Title VII or

5

the Idaho Human Rights Act relating to the reading test being used as a

6

selection device for Class I A/Ill positions.

7

d. Whether the Claimant retook the reading test.

8

e. Whether the Claimant successfully passed the reading test after initially

9

failing it.

10

13. The Settlement Fund will be distributed only among those Claimants who submit

11 a valid, executed Claim Form, attached hereto as Exhibit 3, in accordance with paragraphs 18 -

12 20 below. The monetary awards to any individual Claimant as determined by the EEOC are final

13 and are inclusive of all claims for attorneys' fees and costs.

14

VI. DISTRIBUTION PROCEDURES

15

14. The Company will identify and designate the Settlement Fund Administrator to

16 (1) identify members of the Claimant Groups entitled to notice and relief under the terns of this

17 Agreement, and (2) distribute the Settlement Fund.

18

15. The parties have developed the formula to determine the individual monetary

19 awards to qualified Claimants. It is attached as Exhibit 4 to this Decree.

20

16. The parties will determine the list of Claimants and the amounts oftheir

21 individual awards based on the formula they have developed which will include the employer's

22 FICA contribution, back pay, and interest. For each Claimant, the Company will issue two

23 checks: (1) a payroll check in an amount representing back pay, reduced by all payroll

24 withholdings and FICA contributions required by law; and (2) an amount representing interest on

25 back pay, from which no deductions shall be taken. The Company will also timely issue to each

Boisc-123303.7 0017861-00030
CONSENT DECREE- Page 5

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMI5610N e~•nl~ Dl•tnot Offl""
908 Flroto Avtnw, 5urta 400 Scrltlc, Wot~lnet<>n 9ll104-1061
T'"•phano: (206) 220·68&~
F•colm;lo: (200) 220-6911
WD: (206) 220-tlll!Y-!

.. ~ ··..

Case 1:99-cv-00439-BLW Document 31 Filed 06/15/01 Page 6 of 14 case 1:99-cv-oow-BLW Document 31 Filed 06/1se Page 6 of 38

recipient an IRS W-2 Form representing back pay payments and an IRS Form 1099 representing

2 interest payments.

3

17. The Company will send the Notice of Settlement and Summary of Claim

4 Procedure ("Notice") and Proof of Claim Form and Release ("Claim Form") attached as Exhibits

5 2 and 3, and disburse the Settlement Fund, pursuant to the Notice and Mailing procedures set 6 forth in this Section VI and in Section VII below. The Company will pay all of the costs

7 associated with the Notice and Mailing procedures. The Settlement Fund shall not be used to pay

8 for any of the costs associated with administration or implementation of this Agreement.

9

VIT. NOTICE PROCEDURE

10

18. Upon the execution of this Decree, the parties shall file a motion with the court

11 seeking final approval ofthis Decree and of the proposed Notice and Claim Form. The Notice

12 shall identify a contact person at the Company that Class Members may call to obtain answers to

13 any questions about the settlement. If a Class Member asks a legal question, the Company may

14 then contact the EEOC to provide a response, as appropriate.

15

19. The parties have identified the names of potential Claimants to whom the Notices

16 and the Claim Forms shall be sent. The list of names and addresses is attached as Exhibit 6. Not

17 later than 30 days after the Effective Date of the Decree, the Company shall send by First Class

18 mail to each Charging Party and to each identified potential Claimant at their last known address

19 an English copy and a Spanish translation of:

20

a. The Notice of Settlement and Summary of Claim Procedure,

21

attached as Exhibit 2.

22

b. The Proof of Claim Form and Release, attached as Exhibit 3.

23

c. A return envelope with postage prepaid.

24
25
Boise-123303.7 0017861-00030
CONSENT DECREE- Page 6

U.6. EQUIIL EMI'LOYM ENT OPPORTUNITY COMMJ66JON 6e..Wo Dlftrlet> Offleo
909 flrH lwonuo, Sul:o 400 5c:IIC."t:lll, W••hl'1gt.on 98'04-IOtl~
Tolopo.,..,o: (206) 220-68~ F•o•lmll•; (206) 220-6911 T:>D: (206) 220-6862

, . . ·.

Case 1:99-cv-00439-BLW Document 31 Filed 06/15/01 Page 7 of 14 Case 1:99-cv-00--BLW Document 31 Filed 06/15- Page 7 of 38

To be entitled to payments from the Settlement Fund, Claimants must return the completed

2 Claim Fonn to the Company within 30 days ofthe date of this mailing, Wiless a further mailing

3 to that individual is made as provided in paragraph 21 below. Claim Fonns received by the

4 Company more than 30 days from the date ofmailing shall be deemed timely ifpostmarked

5 within the 30-day period and received during the period described in paragraph 21 below.

6 Additional names may be added to Exhibit 6 and included on the Final List of Claimants

7 described in paragraph 23 ifthey were omitted in error or otheiWise qualify as Claimants as

8 detennined by the Company and EEOC before the EEOC submits the Final List to the Company.

9

20. Within 60 days of the initial mailing described in paragraph 19 above, the

10 Company's Settlement Fund Administrator shall use reasonable means, including electronic

11 locator services, to help locate any potential Claimant whose mailing was returned to the

12 Company as undeliverable. If a new address is identified by this process, the Company shall

13 repeat the mailing described in paragraph 19 using the Claimant's new address. Such repeat

14 mailing must be made within 30 days following the identification of a new address for a

15 Claimant whose initial mailing was returned as undeliverable. To be considered for payments

16 from the Settlement Fund, the Claimant must return the completed Claim Form to the Company

17 within 30 days of the date of the second mailing. Claim Forms received by the Company more

18 than 30 days from the date of the second mailing shall be deemed timely if posbnarked within the

19 30-dayperiod and received within 60 days following the second mailing. An individual who

20 does not timely return the completed Claim Fonn under paragraphs 19 and 20, regardless of the

21 reason for not making a timely return, shall not be a Claimant under this Decree.

22

21. However, if a Claimant timely returns a Claim Form in which s/he does not

23 provide all of the information requested or has failed to execute the Release, the Company shall

24 25
Bols~>-123303.7 0017861.00030
CONSENT DECREE- Page 7

U.5. EQUAL EMPLOYMENT Of'PORTUNITY COMMI5510N 5o•ttl• Ple~rlot Offl""
909 fll'et; AVfn:Jjf, 6uft.G 4()0
So•.t~t. W11i15hi"IJ{()n oe101-l061 Tol•phO!IO: {206) 220-cl81lo'S
Faotlmllr. (206) 220.6911
TDD: {206) 220·6lw.!

Case 1:99-cv-00439-BLW Document 31 Filed 06/15/01 Page 8 of 14 Case 1:99-cv-OOtf-BLW Document 31 Filed 06/15- Page 8 of 38

promptly contact such claimant and attempt to cure any such defects. The Claimant shall be

2 required to return a properly completed or executed Claim Form and Release to the Company

3 within 30 days from the date the Company re-sends a Claimant his/her defective Claim Form (or

4 a new one) to be considered timely.

5

22. Within 150 days of the mailing described in Paragraph 19 above, the Company

6 shall provide the EEOC with a list of Claimants who timely returned the Claim Form along with

7 copies of those forms, and a notification as to any Claims Forms that the Company disputes and

8 the reasons for such disputes.

9

23. Within 30 days of the mailing to the EEOC of the documents described in

10 Paragraph 22, the EEOC shall advise the Company of any dispute it has over which Claimants

11 will participate in the distribution of the Settlement Fund. Within the following 15 days the

12 EEOC will provide to the Company the Final List of Claimants to receive payments and the

13 allocation of the payments separately attributable to lost wages and to interest. EEOC shall have

14 the final authority to determine who is a Claimant authorized to receive benefits under this

15 Decree and the amounts oflost wages and interest to be distributed to each Claimant.

16

VIII. MAILING OF CLAIMANT CHECKS

17

24. The Company shall mail checks to Claimants on the Final List provided under

18 paragraph 23 above within 21 days following the Company's receipt of the Final List from the

19 EEOC. Checks shall be mailed by first class mail to the address provided by the Claimant on the

20 Claim Form.

21

24.1. Within 5 days ofmailing the checks, the Company will verify the mailing

22 by providing to the EEOC a list ofthe Claimants and addresses to whom the checks were mailed

23

24 25
Boise-123303.7 0017861.00030
CONSENT DECREE- Page 8

U.S. EO.UAL EMPLOYMENT OrrOKTUNITY COMMISSION fie.ottl~ Dlet.riGt. Offlc•
900 Flr6t;./woi11Jtl, 6uiU 400
S.•r..lc, W•shlngton 96104·1061 TdopiiOM: (206) 2211-~ P•c•lm~o: (206) 220·6811 TDI>. (206) 220·6~2

Case 1:99-cv-00439-BLW Document 31 Filed 06/15/01 Page 9 of 14 Case 1:99-cv-00--BLW Document 31 Filed 06/15- Page 9 of 38

1 with the amounts of those checks, copies ofthe checks, and a Declaration ofthe Settlement Fund

2 Administrator attesting that the Company mailed the checks in compliance with the Decree.

3

24.2. If any check is returned as undeliverable or unclaimed, the Company will

4 notify the EEOC within 7 days. The Settlement Fund Administrator shall attempt to locate any

5 such Claimant, including use of electronic locator services. The Company will hold all such

6 checks for a period of 60 days during which time they may be claimed by the Claimants to

7 whom they are payable. If a Claimant has not negotiated any check within 180 days following

8 the mailing of the checks under paragraph 24, the funds represented by such checks shall be

9 forfeited and shall be donated by the Company to a charitable organization mutually agreeable to

10 the parties identified in Exhibit 7. The Notice shall notify potential Claimants of the possible

11 forfeiture of their monetary relief if they fail to timely negotiate any check awarded to them or

12 their failure to timely return a properly completed and executed Claim Form. Appropriate

13 reports shall be made to the Commission under paragraph 33.4 below.

14

25. . Individuals receiving payments under the Decree bear the ultimate

15 responsibility for the tax consequences of the payments received. The Notice of Settlement of

16 Claim Procedure will notify them of this responsibility.

17

IX. INJUNCTIVE RELIEF

18

A. TRAINING AND AWARENESS PROGRAM

19

26. To further the purposes and requirements ofthis Decree, the Company will

20 provide training to all management and supervisory employees in the Heyburn plant with

21 responsibility over Class I and Class III employees, including the Human Resources Department

22 at the Heyburn plant regarding its obligations under the Decree to implement the Priority Hiring

23 List ofparagraphs 30 and 31, below.

24 25
Boise-123303.7 0017861-00030
CONSENT DECREE- Page 9

U.&. EGIUAL EMPLOYMENT OPPORTUNITY COMMI5510N 5o•t;tlo Dl&trlot Olfloo
909 flro~ IIYOMIIf, &.ito o\00
5••"'•· Wo•hfne""' 96104-1061 Tolaphono: (206) 220.6~ Faoo!mlla: (205) 22CHl911 TOD: (206) 220·6852

Case 1:99-cv-00439-BLW Document 31 Filed 06/15/01 Page 10 of 14 Case 1:99-cv-OO,_BLW Document 31 Filed 06/15/e Page 10 of 38

27. The objectives of this training will be to: (1) convey the Company's commitment

2 to the policy ofthe Priority Hiring List as provided by paragraphs 30 and 31, below; {2) provide

3 infonnation and guidance on how to carry out that policy; and (3) provide instruction on equal

4 employment opportunity principles under Title VII with a focus on national origin discrimination

5 in hiring and promotion.

6

28. The Company may develop this training according to its needs, subject to a prior

7 review of the training outline by EEOC. The Company will provide infonnation concerning the

8 scheduled training locations, dates, and times to the EEOC.

9

29. The Company is committed to conducting supervisory training on employment

10 issues. This Decree requires the company to conduct two such training sessions during the

11 pendencyofthe decree. However, the EEOC acknowledges and credits one training session that

12 was conducted just prior to the commencement of this action. Thus, the Company shall be

13 required to conduct one additional training session not later than one year after the Effective Date

14 ofthis Decree.

15

B. JOB OPPORTUNITIES

16

30. The Company will create a Priority Hiring List for those Claimants who express

17 their interest in employment in Class ill positions at the Company's Heyburn, Idaho plant by so

18 indicating in the space on the Claims Form (Exhibit 3). Hiring opportunities are limited by job
19 openings occurring in Class m positions and the seniority/job posting and bidding requirements

20 under the Company's collective bargaining agreement. The parties agree that, as a prerequisite to
m 21 obtaining Class employment with the Company, Claimants must demonstrate their ability to

22 perform the essential functions ofthe job at issue, including the successful completion ofthe

23 current selection device, the Work Keys test. The Company shall give all interested Claimants

24 25
Bo!se-123303.7 0017861-00030
CONSENT DECREE- Page 10

U.5. EQUAl EMf'LOYMENT Of'f'ORTUNITY COMMI5510N Sa•ttf• Dletrlot Offtoo
909 First '""'"""' flulto 400 SMWo. Waoll;ng-. !llll(lol-1001
Toi.phon•: {200) 220-6&111> F•o<lml~: (206) 220'-6911 TVD: (200) 22C1-eb.!lol!

Case 1:99-cv-00439-BLW Document 31 Filed 06/15/01 Page 11 of 14 Case 1:99-cv-00-BLW Document 31 Filed 06/15/- Page 11 of 38
. '

1 first opportunities for placement into Class llijob openings as they occur and, to the extent

2 consistent with job posting/bidding requirements under the terms ofthe collective bargaining

3 agreement between the Company and the Grain Millers Union, consider any interested incumbent

4 Claimants prior to considering other internal candidates. If no qualified internal applicants apply

5 for the position or accept an offer, the Company shall consider former employee Claimants and

6 any interested external applicant Claimants prior to considering other external applicants. The

7 Company will continue to consider such Claimants for each subsequent opening until the .first to

8 occur of (1) the Claimant indicates slhe is no longer interested in the position, or (2) slhe declines

9 an offered Class illjob.

10

31.

Each Claimant who desires such employment with the Company will be subject

11 to its standard hiring process and eligibility requirements.

12

X. REPORTING AND RECORD KEEPING

13

32. The reports to be submitted by the Company on a periodic basis as provided in

14 this paragraph will be forwarded so as to arrive at the Commission within 60 days after the close

15 ofthe reporting period.

16

33. The Company will provide the Commission with the following items:

17

33.1. An annual report that includes the name, race/ethnic origin, date of

18 application, social security number, last known address of external applicants who applied for,

19 and incumbents who sought promotion to, Class ill positions at the Heyburn plant during the

20 reporting period and whether or not hired or promoted and if rejected, the reason(s) for rejection.

21 The first report shall be due within 60 days ofthe one-year period following the Effective Date of

22 this Decree. The second· report shall be due within 60 days of the two-year expiration date of the

23 Decree.

24 25
Boi&e-123303.7 0017861-00030
CONSENT DECREE- Page 11

U.5, EQUAL EMf'LOYMENT OPPORTUNITY C()MMIS610N 5o.o~• Dletrlot> Offloo
909 Firfl' Avanus,. SuiW 400
S..<tlo, W•ohlrlgto• 96104-1001 Talophono: (206) 22D-6M~ f-:~rJie: (200) 220·69'11 "'DD: (206) 220·6Cb2

Case 1:99-cv-00439-BLW Document 31 Filed 06/15/01 Page 12 of 14

..

Case 1:99-cv-009BLW Document 31 Filed 06/15/e Page 12 of 38

1

33.2. A report providing the reason(s) for rejecting Claimants who expressed an

2 interest in priority job placement under paragraphs 30 and 31 above.

3

33.3. A report identifying any changes in testing instruments the Company has

4 used during the previous reporting period in the selection of internal and external applicants for

5 Class III positions at its Heyburn facility.

6

33.4. A report on the distribution of the Settlement Fund and the allocation and

7 donation of any forfeited funds ooder paragraph 24.2 above.

8

33.5. A report identifying Claimants whose settlement checks were returned to

9 the Company as undeliverable and the Company's attempts to locate the Claimants and resend

10 the checks.

11

34. After the expiration ofthis Decree, records will be maintained by the Company as

12 required by law and Commission regulations.

13

XI. DISPUTE RESOLUTION PROCEDURES

14

35. The Commission shall have the right to initiate an action pursuant to the Court's

15 continuing jurisdiction for an unresolved dispute or for non-compliance with any provision of the

16 Decree, as follows:

17

35.1. If the EEOC believes that there is an issue to resolve, it shall promptly

18 give notice, in writing, to the Company regarding (1) the specific provision which it believes has

19 not been met, and (2) a complete factual statement of the issue.

20

35.2. The parties shall promptly oodertake efforts to resolve the areas of dispute

21 or alleged non-compliance, through meetings, mediation, or other appropriate means for a period

22 not to exceed thirty (30) days.

23

35 .3. If the EEOC determines that efforts to resolve the matter have failed, it

24 25
Boi•c-123303.7 0017861·00030
CONSENT DECREE- Page 12

U.S. EQUAL EMPLOYMENT Of'f'ORTUNilY COMMISSION 5eat.tle Oletric;t Offl""
~First llvcr~w. 6uit4 400 5Mttlo, Wothlnston 9&104·1061
Toloophono' (206) 220·!111~ feoarmuo, (206) 220-Ei911
ll>P: (206) 220.61l82

Case 1:99-cv-00439-BLW Document 31 Filed 06/15/01 Page 13 of 14
Case 1:99-cv-00-BLW Document 31 Filed 06/15/- Page 13 of 38
·.

shall notify the Company in writing of such failure to resolve the matter and may move the Court

2 to enforce the terms of this Decree.

3

XII. AMENDMENTS TO DECREE

4

36. This Decree may be modified by mutual written agreement between the

5 Commission and the Company, or by motion to the Court. Any modification to the Decree is

6 subject to approval by the Court.

7

XIII. DURATION OF DECREE

8

37. This Decree will become effective on the date entered by the United States

9 District Court for the District ofldaho, and it will remain in effect for a period of two (2) years

10 commencing on the Effective Date ofthis Decree and terminating one hundred eighty (180) days

11 following the second anniversary of the Effective Date. Ifthe EEOC petitions the Court for

12 enforcement ofthe terms of the Decree, and the Court finds there has been a violation, the Court

13 has the authority to extend the duration of the Decree.

14

15

XIV. RETENTION OF JURISDICTION

16

38. The United States District Court for the District ofldaho shall retain jurisdiction

17 over this matter for the duration of the Decree.

18

IT IS SO ORDERED AND DECREED.

19

Dated this JtStl1Iay of ~

20

,2001.

21

22

23

24 25
Bolse-123303.7 0017861-00030
CONSENT DECREE- Page 13

U.S. EQUfll EMPLOYMENT OPPORTUNITY COMMISSION 6•attle Dletrlot Offlc:e
900 Flro~ Avonu., 6ult<l400
5ontl•, W•ohlnetoo 9!!104-!001 T~n<: (206) 220-~ F...,.;noJI"' (206) 220-6911 11)0: (206) 220--

Case 1:99-cv-00439-BLW Document 31 Filed 06/15/01 Page 14 of 14 Case 1:99-cv-OO~BLW Document 31 Filed 06/15/- Page 14 of 38

1 Agreed:

2 For the Equal Employment Opportunity

Commission 3

4 &,~~~

5

A. Luis Lucero, Jr.

/

6 Barbara J. Standal John F. Stanley

7 Wesley Katahira

8 Equal Employment Opportunity Commission
9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Bolse-123303.7 0017861-00030
CONSENT DECREE- Page 14

For J. R. Simplot Company Stoel ·ves LLP
U.&. EQUIIL EMPLOYMENT OPPOI:TUNITY COMMI&SION 6ollttla Dl&trlot OfiiC<O
909 flro~ ""'"""' 5urto 400
s~~t.~ao. W•6hlnaton 9l»Q4·1061 To~phono: (206) 220-01>~ P.c;elmllo: (200) 220·6911 TPP: (208) 220.fl&82

..

Case 1:99-cv-00439-BLW Document 31-1 Filed 06/15/01 Page 1 of 15

Case 1:99-cv-OO-BLW Document 31 Filed 06/15/e Page 15 of 38

EXIllBIT 1

List of Charging Parties and Charge Numbers

EEOC No.

ffiRCNo.

1. Delia Arteaga 2. Benita Barnes 3. Edelmira Ceja 4. Adela Granillo 5. Alicia Juarez 6. Dora Labra 7. Magdelena Martinez 8. Maria Martinez 9. Carmen Ortiz 10. Rita Palomo 11. Raquel Villagomez

38C950342 38C950331 38C950337 38C950328· 38C950350 38C950329 38C960036 38C950334 38C950336 38C950330 38C950333

E-0896-049 E-0896-038 E-0896-044 E-0896-035 E-0896-058 E-0896-036 E-1195-125 E-0896-041 E-0896-043 E-0896-037 E-0896-040

EXHffiiT 1

Case 1:99-cv-00439-BLW Document 31-1 Filed 06/15/01 Page 2 of 15

. ..

Case 1:99-cv-001t'BLW Document 31 Filed 06/15/- Page 16 of 38

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

vs.

)

)

J. R. SIMPLOT COMPANY,

)

)

Defendant.

)

_________________________))

Case No. CIV99-0439-S-BLW
NOTICE OF SETTLEMENT AND SUMMARY OF CLAIM PROCEDURE

NOTICE:

THIS NOTICE AND THE ENCLOSED CLAIM FORM ARE IMPORTANT

LEGAL PAPERS. IF YOU QUALIFY, YOU MAY RECEIVE A

PAYMENT OF MONEY AND MAY BE CONSIDERED FOR A CLASS III

JOB AT SIMPLOT'S HEYBURN, IDAHO PLANT UNDER A

SETTLEMENT AGREEMENT THAT HAS BEEN APPROVED BY THE

COURT. IF YOU FAIL TO FILL OUT AND RETURN A CLAIM FORM

WITHIN 30 DAYS AFTER

2001, YOU WILL NOT

RECEIVE ANY PAYMENT OF MONEY OR BE CONSIDERED FOR

HIRE OR PROMOTION TO A CLASS III JOB UNDER THIS

SETTLEMENT.

1. Background. On September 30, 1999, the United States Equal Employment

Opportunity Commission ("EEOC") sued the J.R. Simplot Company ("the Company")

regarding the English-language reading test that it used for hiring and promotion into Class

1A/III positions (linepersons) at the Company's Heyburn, Idaho plant. The test was used

between 1992 and August 1998. EEOC claims that the reading test discriminated against

NOTICE OF SETTLEMENT AND SUMMARY OF CLAIM PROCEDURE, Page 1
Boise-124668.3 0017861-()(J020

... .

Case 1:99-cv-00439-BLW Document 31-1 Filed 06/15/01 Page 3 of 15
Case 1:99-cv-OO~BLW Document 31 Filed 06/15/e Page 17 of 38

Hispanics and Asian-Americans because of their race/national origin in violation of Title VII of the Civil Rights Act of 1964. EEOC and the Company have identified you from Company records. If you qualify. you may receive a payment of money from the Company and may be hired or promoted into a Class III position. There are two ways to qualify if you are of Hispanic or Asian race or national origin. One way is if you applied for a Class IA/III position at the Company's Heyburn plant between 1992 and August 1998 and failed to pass the reading test. The second way for you to qualify is if you did not take the reading test because you believed that you could not pass it.
2. Settlement. The EEOC and the Company have now agreed to settle the dispute with a Consent Decree to avoid further costs and delay that would result if they continued with the case. The United States District Court for the District of Idaho has approved this settlement and Consent Decree. As part of the settlement, the Company has agreed to pay a total of $125,000 to be divided among all persons who qualify, as noted above, called "Claimants." The amount of money that a Claimant may receive will be decided later and will include payment for lost wages (called back pay) and interest on those lost wages. Claimants who may receive payment include those who filed charges of discrimination with the EEOC based on the reading test; those who were denied a Class IA/III lineperson job because they did not pass the reading test; and those who did not take the reading test because they believed that they could not pass the test.
3. Money Payments. The amount of money you may receive will depend on how many other Claimants also receive payments and cannot be decided until after all Claims

NOTICE OF SETTLEMENT AND SUMMARY OF CLAIM PROCEDURE, Page 2
Bol!e-124668.3 0017861-00020

. ...
··.

Case 1:99-cv-00439-BLW Document 31-1 Filed 06/15/01 Page 4 of 15 Case 1:99-cv-OO-BLW Document 31 Filed 06/15/- Page 18 of 38

Forms have been reviewed by the EEOC and the Company. The Court has already approved
how the EEOC and the Company will decide if a person receives any money and how much
that person receives. In making that decision, EEOC and the Company will consider: (1) the
dates you worked for the Company (if you worked for the Company); (2) the dates you applied
for a Class 1A/III lineperson position but were not hired or promoted because of the reading
. test, (3) the dates you took the reading test, (4) the date you eventually passed the reading test
(if you were able to pass the test), and (5) if you never took the reading test, your reasons for
not taking the test.
YOU MUST FILL OUT AND RETURN THE CLAIM FORM TO QUALIFY TO RECEIVE ANY MONEY UNDER THE SETTLEMENT AGREEMENT. YOU WILL NOT RECEIVE ANY MONEY IF YOU FAIL TO RETURN A COMPLETED CLAIM FORM. IF YOU RECEIVE ANY MONEY, YOU MUST ALSO CASH THE SETTLEMENT CHECKS WITHIN SIX MONTHS FROM THE DATE YOU RECEIVE THEM. FAILURE TO RETURN THE PROPERLY COMPLETED CLAIM FORM OR TO CASH ANY SETTLEMENT CHECKS RECEIVED WITHIN 180 DAYS OF RECEIPT WILL FORFEIT ANY RIGHTS YOU HAVE TO RECEIVE PAYMENT UNDER THIS SETTLEMENT.
The Company will withhold required payroll taxes from the back pay checks. You will
be responsible for all taxes on any payments you receive.
4. Priority Hiring/Promotion. If you are interested in a Class DI lineperson job at
the Heyburn, Idaho plant, the Company has agreed to consider you for hire or promotion to a
Class III job that becomes open during the next two years after _ _, 2001. You must
check the space on the Claim Form to show that you are interested in a Class III job. The
Company will then add your name to a list of persons interested in working as a Class III
lineperson. Your name will be added to the list in the order of your Company seniority if you

NOTICE OF SETTLEMENT AND SUMMARY OF CLAIM PROCEDURE, Page 3
Boisc-124668.3 0017861-00020

Case 1:99-cv-00439-BLW Document 31-1 Filed 06/15/01 Page 5 of 15

. .

Case 1:99-cv-OO-BLW Document 31 Filed 06/15/e Page 19 of 38

are a Company employee; your years of service if you used to work for the Company but are

no longer an employee; or your application date if you were not hired by the Company for a Class lli lineperson job. You will be hired or promoted, before the Company hires other

applicants, if: (1) you indicate your interest in a Class lli job by checking the space on the Claim Form; (2) a Class III job opening is not filled by another qualified employee with more Company seniority under the Company's collective bargaining agreement with the Grain Millers Union; (3) you qualifY for the Class lll job by passing the Work Keys reading test now

being used, which is a different test than the one that the Company used from 1992- 1998; and

(4) you meet the hiring standards and eligibility requirements used by the Company. You do not have to request to be placed on the Hiring List to receive money payments
under the settlement. However, you will not be hired or promoted to a Class lll job under the

Consent Decree if you do not accept a Class III job if offered to you during the two years after

- - ' 2001.

NOTICE:

YOU WILL NOT BE HIRED OR PROMOTED TO A CLASS III JOB

UNDER THIS SETI'LEMENT IF: (1) YOU FAIL TO FILL OUT AND

RETURN A CLAIM FORM WITHIN 30 DAYS FOLLOWING

=--........-------' 2001; (2) YOU FAIL TO QUALIFY BY PASSING THE

WORK KEYS TEST WITiflN TWO YEARS AFfER

, 2001; OR

(3) YOU DO NOT ACCEPT A CLASS III JOB IF OFFERED TO YOU

WITIDN TWO YEARS FROM

, 2001.

5. Filing a Claim. To receive a money payment in this settlement and to show

your interest in a Class III job, you must sign and return a Proof of Claim Form and Release,

which is included, within 30 days of the date of this Notice. By signing the Claim Form, you

will be giving up all claims of discrimination you may have against the Company under Title

NOTICE OF SETTLEMENT AND SUMMARY OF CLAIM PROCEDURE, Page 4
Boise-124668.3 0017861.00020

Case 1:99-cv-00439-BLW Document 31-1 Filed 06/15/01 Page 6 of 15

... ..

Case 1:99-cv-00-BLW Document 31 Filed 06/15/- Page 20 of 38

VII of the federal Civil Rights Act of 1964 or the Idaho Human Rights Act based on your

national origin/race/ethnicity regarding the Company's reading test that was used from 1992 to

1998. You must fill out, sign and return your Claim Form in the envelope, that is included,

addressed to:

Mr. Tom Martinez J.R. Simplot Company Settlement Fund Administrator P.O. Box 9386 Boise, Idaho, 83707-3386.

6. Mailing Checks/Address Changes. Money payments will not be mailed until

approximately March 2002 to give the EEOC and the Company time to notify all persons who

are to receive payments, to review all of the Claim Forms received, to locate missing persons

and to decide the amounts of money you and others are to receive. lf you qualify for money

payments, you will receive your checks by first class mail. If you change your address at any

time after you return your completed Claim Form, you must fill out the attached Change of

Address Form and send it to the Settlement Fund Administrator at the address listed above.

7. Questions? If you have any questions about filing a claim, please contact the

Settlement Fund Administrator at the address in paragraph 5. You may also request a copy of

the Consent Decree from the Settlement Fund Administrator.

NOTICE:

TIDS NOTICE AND THE CLAIM FORM ARE IMPORTANT LEGAL

PAPERS. IF YOU FAIL TO COMPLETE, SIGN AND RETURN THE

CLAIM FORM WITHIN 30 DAYS AFTER

, 2001 YOU

WILL NOT RECEIVE ANY MONEY PAYMENTS OR BE CONSIDERED

FOR A CLASS III JOB OPENING UNDER TIDS SETTLEMENT.

NOTICE OF SETTLEMENT AND SUMMARY OF CLAIM PROCEDURE, Page 5
Bolse-124668.3 0017861-00020

. ...
. '

Case 1:99-cv-00439-BLW Document 31-1 Filed 06/15/01 Page 7 of 15 Case 1:99-cv-00-BLW Document 31 Filed 06/15/- Page 21 of 38

DATED this __ day of _ _ _ _ _, 2001.

EQUAL EMPLOYMENT OPPORTUNlTY COMMISSION

STOEL RIVES LLP Attorneys for J. R. Simplot Company

Wesley Katahira

Harry S. Chandler

NOTICE OF SETTLEMENT AND SUMMARY OF CLAIM PROCEDURE, Page 6
Boise-124668.3 0017861-00020

Case 1:99-cv-00439-BLW Document 31-1 Filed 06/15/01 Page 8 of 15 Case 1:99-cv-00-BLW Document 31 Filed 06/15/- Page 22 of 38

lN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

EQUAL EMPLOYMENT OPPORTUNITY )

COMMlSSION,

)

)

Plaintiff,

)

)

vs.

)

)

J. R. SIMPLOT COMPANY,

)

)

Defendant.

)

__________________________))

Case No. CIV99-0439-S-BLW CLAIM FORM AND RELEASE

INSTRUCTIONS: If you wish to file a Claim in this case to receive a possible money payment, to add your name to the list for possible hire or promotion to a Class III job at the Heyburn, Idaho plant, or both, please answer each question below. You must answer each question, sign and return this Claim Form to the Company (using the enclosed return envelope) before ____ , 2001. If you do not return your Claim Form and Release by that date, you will NOT qualify to receive any money payments or be hired or promoted to a Class III job under this Settlement Agreement. 1. Name:

2. Social Security N u m b e r : - - - - - - - - - - - - - - - - - - - -

CONSENT AND RELEASE, page 1
Bolse--124680.3 0017861-00030

Case 1:99-cv-00439-BLW Document 31-1 Filed 06/15/01 Page 9 of 15 Case 1:99-cv-00-BLW Document 31 Filed 06/15/- Page 23 of 38

3. A d d r e s s : - - - - - - - - - - - - - - - - - - - - - - - - - Street

City

State

Zip Code

4. If you were hired by the Company, the date you were hired:

Month/DayfYear 5. The dates you took the reading test for a Class lA/III linepersonjob:

Month/Day/Year

Month/Day/Year

Month/Day /Year 6. The date you passed the reading test, if you passed:

Month/Day /Year 7. If you did not take the test, please explain why you did not take the test:

8. Are you Hispanic? Yes

No

Asian-American? Yes

No

Caucasian?

Yes

No

African American? Yes

No

Native American? Yes

No

CONSENT AND RELEASE, page 2
Bolse-124680.3 0017861-00030

..

Case 1:99-cv-00439-BLW Document 31-1 Filed 06/15/01 Page 10 of 15

. •.

case 1:99-cv-004-LW Document 31 Filed 06/15/cePage 24 of 38

9. Do you want your name to be placed on a list for possible hire or promotion to a Class lli job at the Company's Heyburn, Idaho plant during the next two years?
Yes - - - - - - No - - - - - - - - - -
BEFORE YOU ARE OFFERED A CLASS III JOB, YOU MUST PASS THE WORK KEYS TEST THAT IS NOW BEING USED AND MEET THE COMPANY'S OTHER lllRING REQUIREMENTS. THE COMPANY WILL CONTACT YOU ABOUT SETTING UP A DATE FOR YOU TO TAKE THE WORK KEYS TEST. SEE THE ENCLOSED NOTICE FOR MORE INFORMATION.
RELEASE OF CLAIMS: In consideration of money payments that I may receive from the Settlement Fund and having the opportunity to request that my name be placed on the Priority Hiring List under the Consent Decree in this case, I hereby release and agree not to sue J .R. Simplot Company (its officers, directors, agents, or employees) with regard to any claims I might otherwise have based on national origin, race, or ethnicity discrimination because of the reading test used by the Company between 1992 and 1998 for Class lA/III jobs at its Heyburn, Idaho plant. This Release includes such claims based on Title VII of the Civil Rights Act of 1964 and the Idaho Human Rights Act. I declare under penalty of perjury that the foregoing is true and correct.

Date

Signature

CONSENT AND RELEASE, page 3
Boise-124680.3 0017861-00030

Case 1:99-cv-00439-BLW Document 31-1 Filed 06/15/01 Page 11 of 15

. ..

case 1:99-cv-004-LW Document 31 Filed 06/15/cePage 25 of 38

NOTE: If you move at any time after you return your Claim Form, you must complete and return the enclosed Change of Address form to:
Mr. Tom Martinez J .R. Simplot Company Settlement Fund Administrator P.O. Box 9386 Boise, Idaho 83707-3386
If you fail to do so, you may not receive any money payments or be offered a Class III job that you may be qualified for under this Settlement Agreement.

CONSENT AND RELEASE, page 4
Bolse-124680.3 0017861-00030

Case 1:99-cv-00439-BLW Document 31-1 Filed 06/15/01 Page 12 of 15

. .

Case 1:99-cv-004-LW Document 31 Filed 06/15/~Page 26 of 38

CHANGE OF ADDRESS FORM EEOC y. SIMPLOT COMPANY
Please use this Change of Address Form if you move after you have returned a completed
Proof of Claim Form and Release. You must complete and return this Form so that you may
receive any money payments or an offer of a Class ill job that you may be qualified for under the
Consent Decree in the case of EEOC v. Simplot Company.
Please write or print clearly and return this Form to:
J.R. Simplot Company Settlement Fund Administrator P.O. Box Boise, Idaho 837_
Name _________________________________________________________
New Address __________________________________________________ Street Number

City

State

Zip Code

New Telephone-----------=------------------------------------

Date At New Address-------------------------------------------Month/Day/Year

Case 1:99-cv-00439-BLW Document 31-1 Filed 06/15/01 Page 13 of 15 Case 1:99-cv-004-LW Document 31 Filed 06/15/<ePage 27 of 38

DISTRIBUTION FORMULA
The back pay and interest portions ofthe Settlement Fund (including interest earned on the Settlement Fund after the deposit under paragraph 9 untill 0 days prior to the mailing date described in paragraph 24) shall be distributed among eligible Claimants based on the following formula:
A. Each eligible Claimant shall be assigned points as follows:
1. Each full or partial year of employment at the Company's Heyburn plant ending December 31, 1998 ................... 1 point
2. Each attempt to pas~ the reading test prior to August 6, 1998 . . . . . 1 point
3. Passing the reading test prior to August 6, 1998 after initially failing the test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 points
4. Filing a charge/complaint under Title Vll or the Idaho Human Rights Act regarding the reading test . . . . . . . . . . . . . . . . . . . . . . . 1 point
B. Each eligible Claimant's points shall be totaled.
C. The sum of all eligible Claimants' points will be aggregated.
D. An individual Claimant's share of each portion of the Settlement Fund (back pay portion and interest portion (pre- and post-Effective Date)) will be determined by the sum of the Claimant's points divided by the aggregate ofall Claimants' points, multiplied by the money in that portion ofthe Fund.
Back Pay Check: (Individual Claimant's points)/(sum of all Claimants' points)
X
$$ in back pay portion of Fund
Interest Check: (Individual Claimant's points)/(sum of all Claimants' points)
X
$$ in interest portion ofFund

Boise-125032.2 0017861-00030

EXHIBlT_~......_-

' I ' ,..,·.~· fl'

t,oi

~

Case 1:99-cv-00439-BLW Document 31-1 Filed 06/15/01 Page 14 of 15 Case 1:99-cv-004WLW Document 31 Filed 06/15/- Page 37 of 38

.IDAHO HUMAN RIGHTS EDUCATION CENTER

EXHIBIT_/.;__

..., I\

;

'·

Case 1:99-cv-00439-BLW Document 31-1 Filed 06/15/01 Page 15 of 15 Case 1:99-cv-004~LW Document 31 Filed 06/15/- Page 38 of 38

CERTIFICATE OF MAILING

I HEREBY CERTIFY that a true and correct copy of the foregoing was

mailed this 151'- day of ~

, 2001, to the following

parties:

A. Luis Lucero, Jr. US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Ave #400 Seattle, WA 98104-1061

David E. Spurling JR SIMPLOT CO. Legal Department- P.O. Box 27 Boise, ID 83707

Harry S. Chandler STOELRIVES 101 South Capitol Blvd, #1900 Boise, ID 83702-5958

Cameron S. Burke, Clerk
United States District Court
~--:
I.:aDonna Ganca, Deputy Clerk

 
 District of Idaho Live CM/ECF - Docket Report

https://ecf.idd.uscourts.gov/cgi-bin/DktRpt.pl?291408425039708-L_35...

JURY, MTNDDL, TERMED
U.S. District Court District of Idaho (LIVE Database)Version 3.0.4 (Boise) CIVIL DOCKET FOR CASE #: 1:99-cv-00439-BLW

EEOC v. JR Simplot Co Assigned to: Honorable B. Lynn Winmill Demand: $0 Cause: 42:2000 Job Discrimination (Employment)

Date Filed: 09/30/1999 Date Terminated: 12/21/2001 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by A Luis Lucero, Jr US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6883 Fax: 1-206-220-6911 Email: luis.lucero@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Claire Cordon US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6883 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wesley Katahira US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6883 Fax: 1-206-220-6911 Email: wesley.katahira@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

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Defendant JR Simplot Co

represented by David E Spurling JR SIMPLOT CO Legal Dept PO Box 27 Boise, ID 83707 (208) 336-2110 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Harry S Chandler STOEL RIVES 101 S Capitol Blvd #1900 Boise, ID 83702-5958 (208) 389-9000 Fax: 1-208-389-9040 Email: hschandler@stoel.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/30/1999 10/13/1999 12/28/1999 12/29/1999 01/07/2000 01/11/2000 01/28/2000
05/02/2000 05/18/2000
06/30/2000 07/07/2000

#

Docket Text

1 COMPLAINT (Summons(es) issued) (jml) (Entered: 10/05/1999)
2 ORDER by Honorable Edward J. Lodge Case reassigned to Honorable B. Lynn Winmill (cc: all counsel) (wm) (Entered: 10/14/1999)
3 ANSWER by def (wm) (Entered: 12/29/1999)
4 NOTICE OF STATUS CONFERENCE ; Telephonic Status Conference set for 1:30 1/19/00 before BLW (wm)
5 SCHEDULING CONFERENCE FORM - LITIGATION PLAN by def (wm)
6 SCHEDULING CONFERENCE FORM - LITIGATION PLAN by pla (wm)
7 SCHEDULING ORDER by Honorable B. Lynn Winmill ; Telephonic Status Conference held 1/19/00 ; Discovery ddl set for 9/1/00 ; Disp Motion ddl set 9/18/00 ; Pretrial Conference set for 1/9/01 at 8:30 ; Non-Jury Trial set for 1/22/01 at 1:30 (cc: all counsel) (wm) (Entered: 01/31/2000)
8 JOINT MOTION by pla requesting entry of order extending expert disclosure deadline (wm) (Entered: 05/03/2000)
9 ORDER by Honorable B. Lynn Winmill granting motion requesting entry of order extending expert disclosure deadline [8-1] (cc: all counsel) (wm) (Entered: 05/19/2000)
10 STIPULATED MOTION to extend discovery deadline (wm)
11 STIPULATED MOTION amend courts scheduling order (wm)

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07/13/2000 07/13/2000
07/31/2000 08/04/2000 08/08/2000 08/21/2000 08/21/2000 08/21/2000 08/21/2000 09/05/2000 09/08/2000 09/08/2000 10/12/2000 10/17/2000 10/20/2000 11/28/2000

12 ORDER by Honorable B. Lynn Winmill granting stipulation to extend def's deadline for responding to pla's initial discovery [10-1] DDL 8/1/00 (cc: all counsel) (dkh)
13 AMENDED SCHEDULING ORDER by Honorable B. Lynn Winmill granting stipulation amend courts scheduling order [11-1] ; Discovery ddl set for 12/15/00 ; Motion Filing ddl 1/12/01 ; Trial set for 6/11/01 1:30 Boise ; Pretrial conference set for 5/31/01 8:00 (cc: all counsel) (dkh)
14 STIPULATED MOTION to extend discovery deadlines (wm) (Entered: 08/01/2000)
15 ORDER by Honorable B. Lynn Winmill granting stipulation to extend discovery deadlines [14-1] dft has until 8/7/00 to respond to plas discovery requests (cc: all counsel) (wm)
16 STIPULATED MOTION to extend discovery response deadlines (wm) (Entered: 08/09/2000)
17 NOTICE of taking deposition of Dale Baker on 8/29/00 (wm) (Entered: 08/22/2000)
18 NOTICE of taking deposition of JoAnn Bagby on 8/30/00 (wm) (Entered: 08/22/2000)
19 NOTICE of taking deposition of Paul Richardson on 8/30/00 (wm) (Entered: 08/22/2000)
20 NOTICE of taking deposition of Chris Sullivan on 8/31/00 (wm) (Entered: 08/22/2000)
21 ORDER by Honorable B. Lynn Winmill granting stipulation to extend discovery response deadlines until 8/14/00 [16-1] (cc: all counsel) (wm) (Entered: 09/06/2000)
22 STIPULATED MOTION to extend experts disclosure deadline (wm) (Entered: 09/12/2000)
23 ORDER by Honorable B. Lynn Winmill granting stipulation to extend experts disclosure deadline until 10/20/00 [22-1] (cc: all counsel) (wm) (Entered: 09/12/2000)
24 STIPULATED MOTION requesting entry of order extending rebuttal expert disclosure deadline (wm) (Entered: 10/13/2000)
25 ORDER by Honorable B. Lynn Winmill granting stipulation requesting entry of order extending rebuttal expert disclosure deadline until 11/20/00 [24-1] (cc: all counsel) (wm) (Entered: 10/18/2000)
26 STIPULATED MOTION by def to extend disclosure of witnesses; rebuttal witnesses; completion of discovery; and dispositive motions deadlines (wm) (Entered: 10/23/2000)
27 ORDER by Honorable B. Lynn Winmill granting motion to extend disclosure of witnesses; rebuttal witnesses; completion of discovery; and dispositive motions deadlines [26-1] ; Discovery ddl set for 1/12/01 ; Motion Filing ddl 1/26/01 (cc:

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12/22/2000 01/10/2001
05/30/2001
06/15/2001
07/10/2001 07/16/2001 12/21/2001 01/14/2002 01/25/2002 02/14/2002 02/22/2002 04/30/2002 05/03/2002

all counsel) (wm)
28 STIPULATED MOTION by def to extend discovery and dispositive motions deadlines (wm) (Entered: 12/26/2000)
29 ORDER by Honorable B. Lynn Winmill granting motion to extend discovery and dispositive motions deadlines [28-1] Discovery ddl set for 2/12/01 ; Motion Filing ddl 2/26/01 (cc: all counsel) (wm)
30 JOINT MOTION by def for order approving consent decree, notice of settlement and summary of claim procedure and claim form and release (wm) (Entered: 05/31/2001)
31 CONSENT DECREE by Honorable B. Lynn Winmill granting motion for order approving consent decree, notice of settlement and summary of claim procedure and claim form and release [30-1] (cc: all counsel) (wm) (Entered: 06/18/2001)
32 MOTION by def to substitute exhibit 6 (wm)
33 ORDER by Honorable B. Lynn Winmill granting motion to substitute exhibit 6 [32-1] (cc: all counsel) (wm)
34 ORDER by Honorable B. Lynn Winmill administratively terminating case (cc: all counsel) (wm) (Entered: 12/27/2001)
35 STIPULAT MOTION to extend date until 2/15/02 for EEOC to provide final list of claimanst (wm) (Entered: 01/15/2002)
36 ORDER by Honorable B. Lynn Winmill granting stipulation to extend date until 2/15/02 for EEOC to provide final list of claimanst [35-1] (cc: all counsel) (wm)
37 STIPULATED MOTION by def to extend date to provide final list of claimants (wm)
38 ORDER by Honorable B. Lynn Winmill granting motion to extend date until 3/15/02 to provide final list of claimants [37-1] (cc: all counsel) (wm)
39 JOINT MOTION to incorporate exhibit 5 with consent decree (wm) (Entered: 05/01/2002)
40 ORDER by Honorable B. Lynn Winmill granting motion to incorporate exhibit 5 with consent decree [39-1], exhibit 5 shall be removed and sealed (cc: all counsel) (wm) (Entered: 05/06/2002)

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