Case 2:05-cv-01203-RLH-PAL Document 39 Filed 10/02/07 Page 1 of 18

Attorne s for Plaintiff
%E UA~EMPLOYMENT
0 ORTUNITY COMMISSION Patrick H. Hicks Wendy Krincek Deborah Westbrook LITTLER MENDELSON
!?' 3960 Howard Hu es Parkway, Suite 300
Las Vegas NV 8 169
$ Telephone: 702) 862-8800
Facsimile: ( 02) 862-8811

Attorne s for Defendant T R U G ~ E NLANDCARE

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

%E UAL EMPLOYMENT
OP ORTUNITY COMMISSION,

I Case No. 2:05-CV-0 1203-RLH-PAL

Plaintiff,

TRUGREEN LANDCARE, Defendant.

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I. INTRODUCTION Plaintiff U.S. Equal Employment Opportunity Commission (the "EEOC" or "Commission") and Defendant TruGreen LandCare hereby stipulate and agree to entry of this Consent Decree to resolve the Commission's complaint, filed under
Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. fj2000e et seq.
("Title VII"), alleging that Charging Party Debbrah Bray (hereafter "Charging Party") was subjected to unlawful sex-based harassment. The Commission's complaint further alleges that Charging Party was subjected to unlawful retaliation in violation of Title VII.
11. PURPOSES AND SCOPE OF THE CONSENT DECREE A. The parties to this Consent Decree ("Decree") are the EEOC and TruGreen LandCare. The scope of this Decree encompasses TruGreen LandCare's branches located in Las Vegas, Nevada. This Decree shall be binding on and enforceable against TruGreen LandCare, and its successors and assigns. B. The parties have entered into this Decree for the following purposes: 1. To provide appropriate monetary and injunctive relief; 2. To ensure that TruGreen LandCare's employment practices in its Las
Vegas branches comply with federal law; 3. To ensure a work environment free from sex-based discrimination and
retaliation based on complaints of sex-based discrimination ("retaliation") in the Las Vegas branches; 4. To ensure training for TruGreen LandCare's managers and employees in the Las Vegas branches with respect to their obligations under Title VII; and 5 . To provide an appropriate and effective mechanism for handling

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sex-based discrimination and retaliation complaints in the Las Vegas branches. This Decree resolves all claims the EEOC has brought or could have brought against TruGreen LandCare arising out of this Complaint. This Decree does not constitute an adjudication on the merits of the allegations of the Complaint and is not, and does not constitute, an admission of wrongdoing on the part of TruGreen LandCare.
111. RELEASE OF CLAIMS A. This Decree filly and completely resolves all issues, claims and allegations by the EEOC against TruGreen LandCare that are, or could have been, raised in the Complaint filed in this action in the United States District Court, District of Nevada on September 30,2005, captioned US. Equal Employment Opportunity Commission v. TruGreen LandCare, Case No. 2:05-CV-0 1203-RLH-PAL (the "Complaint"). B. Nothing in this Decree shall be construed to preclude any party from bringing suit to enforce this Decree in the event that any party hereto fails to perform the promises and representations contained herein. C. Nothing in this Decree shall be construed to limit or reduce TruGreen Landcare's obligation to comply fully with Title VII or any other federal employment statute. D. This Decree in no way affects the EEOC's right to bring, process, investigate or litigate other charges that may be in existence or may later arise against TruGreen LandCare in accordance with standard EEOC procedures.
IV. JURISDICTION A. The Court has jurisdiction over the parties and the subject matter of this lawsuit. The Complaint asserts claims that, if proven, would authorize the Court to

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grant the equitable relief set forth in this Decree. The terms and provisions of this Decree are fair, reasonable and just. This Decree conforms with the Federal Rules of Civil Procedure and Title VII and is not in derogation of the rights or privileges of any person. B. The Court shall retain jurisdiction of this action during the duration of the Decree for the purposes of entering all orders, judgments and decrees that may be necessary to implement the relief provided herein.
v. EFFECTIVE DATE AND DURATION OF DECREE A. The provisions and agreements contained herein are effective immediately upon the date which this Decree is entered by the Court ("the Effective Date"). B. Except as otherwise provided herein, this Decree shall remain in effect for two (2) years after .the Effective Date.
VI. MODIFICATION AND SEVERABILITY A. This Decree constitutes the complete understanding of the parties with respect to the matters contained herein. No waiver, modification or amendment of any provision of this Decree will be effective unless made in writing and signed by an authorized representative of each of the parties. B. If one or more provisions of the Decree are rendered unlawful or unenforceable, the parties shall make good faith efforts to agree upon appropriate amendments to this Decree in order to effectuate the purposes of the Decree. In any event, the remaining provisions will remain in full force and effect unless the purposes of the Decree cannot, despite the parties' best efforts, be achieved. C. By mutual agreement of the parties, this Decree may be amended or modified in the interests of justice and fairness in order to effectuate the provisions of this Decree.
I//

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VII. COMPLIANCE AND DISPUTE RESOLUTION 4. The parties expressly agree that if the Commission has reason to believe that TruGreen LandCare has failed to comply with any provision of this Consent Decree, the Commission may bring an action before this Court to enforce the Decree. Prior to initiating such action, the Commission will notify TruGreen LandCare and its legal counsel of record, in writing, of the nature of the dispute. This notice shall specify the particular provision(s) that the Commission believes TruGreen LandCare has breached. Absent a showing that the delay will cause irreparable harm, TruGreen LandCare shall have thirty (30) days after receipt of such written notice to attempt to resolve or cure the breach. B. The parties agree to cooperate with each other and use their best efforts to resolve any dispute referenced in the EEOC notice. 2. After thirty (30) days have passed with no resolution or agreement to extend ;he time further, the Commission may petition this Court for resolution of the iispute, seeking all available relief, including an extension of the term of the Decree for such period of time as TruGreen LandCare is shown to be in breach of :he Decree.
VIII. MONETARY RELIEF In settlement of this lawsuit, TruGreen LandCare shall pay a total of t100,000 to resolve this action. The EEOC has designated $5,000 of the monetary :elief as backpay and $95,000 of the monetary relief as compensatory damages. For the portion of the monetary relief designated as backpay, Debbrah Bray is :esponsible for payment of the employee's share of FICA and other employment :axes normally deducted from payroll checks and TruGreen shall deduct and withhold such amounts from the backpay amount. TruGreen remains responsible for the employer share of payroll deductions on this backpay amount. Debbrah
5
[PROPOSEDC]ONSENTDECREEO; RDER

Case 2:05-cv-01203-RLH-PAL Document 39 Filed 10/02/07 Page 6 of 18

Bray shall be solely responsible for her portion of taxes payable on the

compensatory damages, if any.

A. After receipt of a Form W-9 signed by Debbrah Bray, TruGreen

LandCare shall forward, via certified mail, two checks payable to

Debbrah Bray within ten (10) days of the effective date of this Consent

Decree; one check in the amount of $95,000 and a second check in the

gross amount of $5,000 less normal payroll withholdings as set forth

herein. For .the amount designated as compensatory damages, no

withholding will be made. With respect to the compensatory damages

paid to Debbrah Bray, TruGreen LandCare shall prepare and distribute a

1

1099 tax reporting form to Debbrah Bray and shall make appropriate

reports to the Internal Revenue Service and other tax authorities.

B. Within three (3) business days of the issuance of the settlement checks,

TruGreen LandCare shall submit a copy of the settlement checks and

related correspondence to the Regional Attorney, Anna Y. Park, U.S.

Equal Employment Opportunity Commission, 255 East Temple Street, 4th

Floor, Los Angeles, CA 90012.

IX.

GENERAL INJUNCTIVE RELIEF

A. Non-Discrimination

1. Discrimination Based on Sex

TruGreen LandCare and its successors and assigns hereby agree that they do

not and will not: (a) discriminate or tolerate discrimination against persons on ,the

basis of sex in the terms and conditions of employment; (b) engage in or be a party

to any action, policy or practice that is intended or is known to them to have the

effect of discriminating against any employee on the basis of sex; and (c) create,

facilitate or permit the existence of a work environment that is hostile to female

employees.

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2. Retaliation TruGreen LandCare and its successors and assigns hereby agree that they do not and will not engage in, implement or permit any action, policy or practice with the purpose of retaliating against any current or former employee or applicant of TruGreen LandCare, or either of them, because he or she has in the past, or during the term of this Decree: (a) opposed any practice made unlawful Under Title VII ; (b) filed a charge of discrimination alleging such practice; (c) testified or participated in any manner in any investigation (including without limitation, any internal investigation undertaken by TruGreen LandCare) or proceeding in connection with this case; (d) was identified as a possible witness or claimant in this action; (e) asserted any rights under this Decree; or ( f ) sought or received any relief in accordance with this Decree. B. Posting Within ten (10) business days after the Effective Date and -throughout-the term of this Decree, TruGreen LandCare shall post notice in the form attached as Exhibit "A", in a clearly visible location frequented by employees at each of its Las Vegas branches. The notice shall remain posted for two (2) years. C. Compliance Monitoring TruGreen LandCare and the EEOC have designated Sandra R. Pearlman, Vice President and Associate General Counsel, Labor & Employment for the ServiceMaster Company, as a Compliance Representative to ensure that TruGreen LandCare carries out its obligations under this Consent Decree. The Compliance Representative's responsibilities shall include: 1. ensuring that TruGreen LandCare1sLas Vegas branches handle complaints of sex discrimination and retaliation in compliance with this Decree; 2. ensuring that the Memorandum Concerning Sex-Based Discrimination and Retaliation applicable at TruGreen LandCare1sLas Vegas branches complies with Section IX (D) of this Decree;
7
[PROPOSEDC] ONSENTDECREEO; RDER

Case 2:05-cv-01203-RLH-PAL Document 39 Filed 10/02/07 Page 8 of 18
3. ensuring that managerial and human resources employees assigned to TruGreen LandCare's Las Vegas Branches are trained in accordance with Section IX (E) of this Decree;
4. monitoring TruGreen LandCare's investigation of all complaints of ;ex-based discrimination and retaliation at TruGreen LandCare's Las Vegas xanches to ensure compliance with Title VII;
5 , ensuring that TruGreen LandCare properly communicates with ;omplainants at TruGreen LandCare's Las Vegas branches regarding the ;omplaint procedure, status of the complaint investigation, results of the investigation, and remedial action taken, if any;
6 . ensuring that TruGreen Landcare's reports required by this Decree are accurately compiled and timely submitted;
7. ensuring that TruGreen Landcare's Las Vegas branches hold ~mployeesaccountable for sex-based discrimination and retaliation and hold nanagers accountable when responding to complaints of sex-based discrimination 2nd retaliation;
8. ensuring that TruGreen LandCare maintains records during the term ~fthe Consent Decree for all complaints of sex-based discrimination and :etaliation at TruGreen LandCare's Las Vegas branches;
9. further ensuring compliance with the terms of this Decree; and 10. preparing a brief annual report on TruGreen Landcare's Las Vegas )ranches' compliance with this Decree. The Compliance Representative shall ensure compliance with the foregoing 3rovisions for the term of the Decree and shall certify to the EEOC that the :ompany has complied with each of the foregoing provisions on an annual basis. D. Memorandum Concerning Sex-Based Discrimination and Retaliation TruGreen LandCare shall, within ten (10) business days after the Effective late, provide a copy to the Commission of a memorandum on sex-based

Case 2:05-cv-01203-RLH-PAL Document 39 Filed 10/02/07 Page 9 of 18
discrimination and retaliation that shall include: 1. A clear explanation of prohibited conduct; 2. Assurance that employees who make complaints of sex-based
discrimination or provide information related to such complaints will be protected against retaliation;
3. A clearly described complaint process that provides accessible avenues of complaint with contact information including name (if applicable), address, and telephone number of persons both internal (i.e., human resources) and external to TruGreen LandCare (i.e. the EEOC and Nevada Equal Rights Commission ("NERC")) to whom employees may report complaints of sex-based discrimination and retaliation, including a written statement that the employee may report the alleged discriminatory or retaliatory behavior to designated persons outside their chain of management;
4. The current toll-free number where employees may report complaints of sex-based discrimination and retaliation;
5 . Assurance that the employer will protect the confidentiality of sex-based discrimination and retaliation complaints to the extent possible;
6. Assurance that the complaint process provides a prompt, thorough, and impartial investigation and follow-up with the complainant;
7. Assurance that the complainant will be informed regarding the status of the complaint/investigation, results of the investigation, and any remedial action taken; and
8. Assurance that TruGreen LandCare will take "immediate and zorrective action" within the meaning of the applicable Title VII case law if it determines that sex-based discrimination andlor retaliation has occurred; and
9. Assurance that TruGreen LandCare will hold employees accountable Cbr sex-based discrimination and/or retaliation and hold managers accountable when responding to complaints of sex-based discrimination and retaliation;

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10. The contact information of the Compliance Representative to whom :mployees may appeal if they are dissatisfied with the results of an investigation.
EEOC shall comment on the memorandum within forty-five (45) days of neceipt. Should the memorandum not require any revision, TruGreen LandCare ;hall confirm distribution of the memorandum to the Las Vegas branches no later .han ten (10) business days after the forty-five (45) day period. The memorandum ;hall be distributed to all employees, including management/supervisory staff, at rruGreen LandCare's Las Vegas branches during the term of the Decree. The nemorandum shall also be distributed to each new employee at TruGreen ,andcare's Las Vegas branches upon his or her hire during the term of the Decree. rruGreen LandCare shall maintain acknowledgments from each employee who beceives the memorandum. Throughout the term of this Decree, TruGreen ,andcare shall also post the memorandum, in a place that is clearly visible to :mployees at its Las Vegas branches covered by this Decree in a legible font. E. Sex-Based Harassment and Retaliation Training
Within sixty (60) days after the Effective Date, all of TruGreen LandCare's nanagerial/supervisory, and human resources employees at the company's Las Jegas branches shall be required to attend an intensive training program of at least wo (2) hours. All other employees at the Las Vegas branches shall be required to ~ttenda training program of at least one (1) hour. The mandatory training shall :over sex-based harassment and retaliation and shall occur once every year for the erm of this Decree. Any manager, supervisor, or employee who fails to attend cheduled training shall be trained within (30) days of the live training set forth .bove.
1. All employees' training shall include coverage of the subjects of sexlased harassment, retaliation, and TruGreen LandCare's policies and procedures
or reporting and handling complaints of sex-based harassment and retaliation. .
2. Training for managerial/supewisory employees shall additionally

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include training on how to properly respond to complaints of sex-based harassment, how to take preventive and corrective measures against sex-based harassment, and how to recognize and prevent sex-based harassment and retaliation.
3. Training for the human resources employee(s) assigned to the Las Vegas branches shall additionally include training on how to properly investigate complaints of sex-based harassment and retaliation.
4. For the remainder of the term of this Decree, all new managerial/supervisory and human resources employees and all employees recently promoted from a staffhourly to a managerial position at the Las Vegas branches shall be required to attend the managerial/supervisory training, as appropriate, within sixty (60) days of hire or promotion.
5 . After the initial training as specified above, all managerial/supervisory and human resources employees at the Las Vegas branches shall receive the training at least annually thereafter for the remainder of the term of this Decree.
6. All employees required to attend such training shall verifj their annual attendance in writing.
7. Within forty-five (45) days after the Effective Date, TruGreen LandCare shall submit to the EEOC a description of the training to be provided and an outline of the curriculum developed for the trainees. TruGreen LandCare shall give the EEOC a minimum of ten (10) business days' advance written notice of the date, time and.location of each training program provided pursuant to this Decree, and agrees that an EEOC representative may attend any such training program. F. Complaint Procedure
During the term of this Decree, TruGreen LandCare agrees that its Las Vegas branches will maintain and adhere to internal policies which set forth the procedures to follow in handling complaints of sex-based discrimination and

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retaliation. 1. TruGreen LandCare shall: a. publicize the steps employees should take to bring a complaint of discrimination or retaliation via inclusion of such information in its employee handbook, the memorandum referenced in Section 1X.D. herein and through the training referenced in Section 1X.E. herein; b. track and collect all complaints filed thereunder; c. investigate and resolve such complaints in a timely and
effective manner; and d. retain records regarding resolution of all such complaints.
2. The internal complaint procedure should incorporate the following elements:
a. A statement describing how investigations will be conducted directed to those conducting the investigation;
b. A statement that investigations should be promptly commenced and thoroughly investigated by a TruGreen LandCare employee trained to conduct such investigations who is not connected with the complaint;
c. A statement that an investigation should include interviews of the complainant, alleged offender, and third-party witnesses as appropriate, including if complainant and alleged offender present inconsistent stories;
d. A statement that a written record of all investigatory steps, and any findings and conclusions, and any actions taken should be maintained;
e. Provision for the reasonably prompt resolution of such complaints;
f. A statement that the confidentiality of the complaint and investigation shall be maintained to the extent possible;
g. A statement that appropriate communication of the final conclusions of the investigation provided to the complainant should

Case 2:05-cv-01203-RLH-PAL Document 39 Filed 10/02/07 Page 13 of 18
be made; and h. the contact information for the Compliance Representative to
whom employees may report if they are dissatisfied with the results of an investigation.
3. The Internal Complaint Procedure is not intended to supplant the right of any employee to file a charge or complaint of discrimination or retaliation under any available municipal, state, or federal law.
X.
RECORD KEEPING AND REPORTING A. Record Keeping
During the term of the Decree, TruGreen LandCare shall establish a record-keeping procedure that provides for .thetracking of complaints of sexbased discrimination at the company's Las Vegas branches and the monitoring of such complaints to prevent retaliation. The records to be maintained shall include:
1 All documents generated in connection with any complaint, investigation into, or resolution of every complaint of sex-based discrimination or retaliation at the company's Las Vegas branches for the duration of the Decree;
2. All forms acknowledging employees' receipt of TruGreen Landcare's Memorandum Concerning Sex-Based Discrimination and Retaliation;
3. All documents verifLing the occurrence of all training sessions and names and positions of all attendees for each session as required under this Decree; and
4. Documents tracking and analyzing complaints filed against the same employee and location, if any.
The foregoing documents shall be summarized in the semi-annual reports

Case 2:05-cv-01203-RLH-PAL Document 39 Filed 10/02/07 Page 14 of 18
set forth below. B. Reporting
In addition to the notices to the EEOC specified above, during the term of the Decree, TruGreen LandCare shall provide, without assertion of the attorneyclient privilege or attorney work product, the following reports to the EEOC in writing, by mail or facsimile:
1. Within ninety (90) days after the Effective Date, TruGreen LandCare shall submit to the EEOC an initial report which contains:
(a) A copy of the Memorandum Concerning Sex-Based Discrimination and Retaliation for the Las Vegas branches; (b) A summary of the procedures and record-keeping methods for tracking sex-based discrimination and retaliation complaints and monitoring such complaints at the Las Vegas branches; (c) A statement confirming that the required notices pertaining to this Decree and .the Memorandum Concerning Sex-Based Discrimination and Retaliation have been posted at the Las Vegas branches; and (d) Copies of all employee acknowledgment forms indicating receipt of the Memorandum Concerning Sex-Based Discrimination and Retaliation. 2. TruGreen LandCare shall also provide the following reports semi-annually throughout the term of this Decree: (a) The attendance lists of all attendees for all training sessions required under this Decree that took place during the previous six months; (b) Acknowledgments of receipt of the Memorandum Concerning Sex-Based Discrimination and Retaliation for all employees hired at the Las Vegas branches during the previous six months; (c) A summary of all sex-based discrimination andlor retaliation

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complaints at the Las Vegas branches during the period of the Decree. The summary shall include the following information: (i) a description of the nature of the complaint, including the identities of the parties; (ii) the date the complaint was received; (iii) the date the complaint was resolved; (iv) TruGreen Landcare's findings; and (v) a summary of any corrective action and/or discipline taken in response to the complaint. The summary shall include the tracking of multiple complaints by or against a single employee, if any; and (d) TruGreen LandCare shall provide a report to the EEOC detailing any changes to the complaint procedures set forth in Section IX (F) of this Decree. (e) The Compliance Representative shall audit each internal complaint investigation at the Las Vegas branches to ensure that such complaints were handled in accordance with the terms of the Consent Decree, especially with respect to multiple complaints received regarding the same individual, if any. The semi-annual report shall include information on the results of the audit. (f) An EEOC attorney shall review the semi-annual reports on behalf of the EEOC.
XI. COSTS OF ADMINISTRATION AND IMPLEMENTATION
OF CONSENT DECREE TruGreen LandCare shall bear all costs associated with its administration and implementation of its obligations under this Consent Decree.
XII. COSTS AND ATTORNEYS' FEES Each party shall bear its own costs of suit and attorneys' fees.

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XIII.
MISCELLANEOUS PROVISIONS
A. During the term of this Consent Decree, TruGreen LandCare shall provide
any potential successor-in-interest with a copy of this Consent Decree within a
reasonable time of thirty (30) days or less prior to the execution of any agreement
for acquisition or assumption of control of any or all of TruGreen Landcare's
facilities, or any other material change in corporate structure, and shall
simultaneously inform the EEOC of same.
B, During the term of this Consent Decree, TruGreen LandCare and its
II successors shall assure that each of its managers and supervisors at the Las Vegas 11branches are aware of any term(s) of this Decree which may be related to hisher
11job duties.
11 C. Unless otherwise stated, all notices, reports and correspondence required under this Decree shall be delivered to the attention of the Regional Attorney,
IIAnna Y. Park, U.S. Equal Employment Opportunity Commission, Los Angeles District Office, 255 E. Temple St., 4thFl., Los Angeles, California 90012.
1) The parties agree to entry of this Decree and judgment subject to final D. approval by the Court. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

7 / h - Da..t-e- d-.:. ,10 // V

Anna Y. Park Attorney for Plaintiff

TRUGREEN LANDCARE
n

Patrick Hicks Attorney for Defendant

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[PORRODPEORSED ORDER] GOOD CAUSE APPEARING:
The Court hereby retains jurisdiction and the provisions of the oregoing Consent Decree are hereby approved and compliance with all provisions ~ereoifs HEREBY ORDERED.
IT SO ORDERED.

Dated: OOccttoobbeerr12,,22000077

The Honorable Roger L. Hunt Chief United States District Court Judge

17
[PROPOSED]CONSENTDECREEO; RDER

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EXHIBIT "A" NOTICE TO ALL EMPLOYEES

This Notice is being posted pursuant to a Consent Decree entered by the federal court in Equal Employment Opportuni~Commission v. TruGreen LandCare, Case No. 2:05-CV-01203, settling a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC").

In its suit, the EEOC alleged that TruGreen LandCare ("TruGreen") subjected Charging Party to harassment and retaliation because of her sex, Female, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). TruGreen denies the allegations.

To resolve this lawsuit the parties have entered into a Consent Decree which includes monetary relief and injunctive relief, requiring that, among other things, TruGreen:

1) provide periodic reports to the EEOC covering TruGreen's obligations under the Consent Decree for training, all sex-based discrimination and/or retaliation complaints
the Las Vegas Branches of TruGreen receive, and any changes to TruGreenYsComplaint
Procedures; and
2) provide training to its employees covering sex-based harassment, retaliation, and procedures for reporting and handling complaints of sex-based harassment and
retaliation.

The EEOC enforces the federal laws against discrimination in employment on the basis ~f disability, race, color, religion, national origin, sex, pregnancy, and age. If you believe you have been discriminated against, you may contact the EEOC at 333 S. Las Vegas Blvd., Suite B 112, Las Vegas, NV 89101, (702)388-5099; or the Nevada Equal Rights Commission; 1515 E. Tropicana Ave., Las Vegas, NV 89119, (702)486-7161. The EEOC charges no fees and has employees who speak languages other than English.

No action may be taken against you by any management official of TruGreen for: (1) 3pposing discriminatory practices made unlawhl by federal law, (2) filing a charge or assisting 3r participating in the filing of a charge of discrimination, or (3) assisting or participating in an investigation brought under Title VII. Should any such retaliatory actions be taken against you, you should contact the EEOC or NERC at the address listed above.

THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE

rhis Notice must remain posted for two (2) years from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice or compliance with its terms may be directed to: EEOC, 333 S. Las Vegas Blvd., Suite 8112, Las Vegas, NV or call (702)388-5099.

Date: OOctobbeerr22,,22000077.

U.S. District Judge

 
 Case 2:05-cv-01203-RLH-PAL Document 1-2809148 Filed 09/30/05 Page 1 of 5

'e,

'-I

- 1 Anna Y. Park, CA SBN 164242 Cherry- Marie D. Rojas, CA SBN 141482 2 Sue J. Noh, CA SBN 192134
U.S. EQUAL EMPLOYMENT 3 OPPORTUNITY COMMISSION
255 East Temple Street, 4th Floor 4 Los Angeles, CA 90012
Telephone: (213) 894-1082
5 Facsimile: (213) 894-1301

P 230

14: L3

ORIGINAL

6 Attorneys for Plaintiff U.S. EQUAL EMPLOYMENT
7 OPPORTUNITY COMMISSION

8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10

CV-S-05-1 203-RLH-PAL

11

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

12

Plaintiff,

13

y.

5 COMPLAINT-CIVIL RIGHTS ) SEX HARASSMENT AND

14

) RETALIATION

)

15

TRUGREEN LANDCARE, AND DOES 1- )

10 INCLUSIVE,

)

16

Defendants.

17

) (42 U.S.C. § 2000e, et seq.;)

) )

DEMAND

FOR JURY TRIAL

)

18

) )

19

)

20

NATURE OF THE ACTION

21

This is a sexual harassment and retaliation action brought by the United States Equal

22 Employment Opportunity Commission ("the Commission" or "Plaintiff'), under Title VII of the

23 Civil Rights Act of 1964, as amended, to correct unlawful employment practices on the basis of

24 sex and to provide appropriate relief to the Charging Party Debbrah Bray ("Charging Party")

25 who was adversely affected by such practices. The Commission alleges that the Charging Party

26 was sexually harassed or subjected to sex-based harassment during her employment with

27 Defendant TruGreen Landcare and Doe Defendants l-10 (named and uimamed defendants

28 III

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Case 2:05-cv-01203-RLH-PAL Document 1-2809148 Filed 09/30/05 Page 2 of 5

1 collective "Defendant Employers"). The Charging Party was subjected to a hostile work

2 environment perpetuated by Defendant Employers' supervisor.

3

The Commission also alleges that the Charging Party who had complained of the

4 harassment by her supervisor was subjected to retaliation in the form of demotion, reassignment,

S further harassment, denial of promotion and discipline.

6

JURISDICTION AND VENUE

7

Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. sections 451, 1331,

8 1337, 1343 and 1345. This action is authorized and instituted pursuant to §706(f)(1) and (3)

9 Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5ffl(1) and (3) and

10 pursuant to § 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981A.

li

The employment practices alleged herein to be unlawful were committed within

12 the jurisdiction of the United States District Court for the State of Nevada.

13

Prior to institution of this lawsuit, the Commission's representatives attempted to

14 eliminate the unlawful employment practices alleged below and to effect voluntary compliance

15 with Title VII through informal methods of conciliation, conference and persuasion within the

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

17 precedent to the institution of this lawsuit have been fulfilled.

18

PARTIES

19

Plaintiff Commission is an agency of the United States of America charged with

20 the administration, interpretation and enforcement of Title VII, and is expressly authorized to

21 bring this action under §706(f)(l) and (3) of Title VII, 42 U.S.C., § 2000e-5(f)(1) and (3).

22

At all relevant times, "Defendant Employers," have continuously been and are

23 now doing business in the State of Nevada, and City of Las Vegas, Nevada. At all relevant

24 times, Defendant Employers have continuously employed fifteen (15) or more persons.

25

Plaintiff is ignorant of the true names and capacities of"Defendant Employers,"

26 sued as DOES 1 through 10, inclusively, and therefore Plaintiff sues said "Defendant

27 Employers" by such fictitious names. Plaintiff reserves the right to amend the complaint to

28 name the DOE "Defendant Employers" individually or collectively as they become known.

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Case 2:05-cv-01203-RLH-PAL Document 1-2809148 Filed 09/30/05 Page 3 of 5

1 Plaintiff alleges that each of the "Defendant Employers" named as DOES was in some manner 2 responsible for the acts and omissions alleged herein and Plaintiff will amend the complaint to

3 allege such responsibility when same has been ascertained by Plaintiff

4

All of the acts and failures to act alleged herein were duly performed by and

5 attributable to "Defendant Employers", each acting as a successor, agent, employee or under the

6 direction and control of the others, except as specifically alleged otherwise. Said acts and

7 failures to act were within the scope of such agency and/or employment, and each "Defendant

8 Employers" participated in, approved andlor ratified the unlawful acts and omissions by other

9 "Defendant Employers" complained of herein. Whenever and wherever reference to any act in

lo this Complaint to any act by a defendant employer or "Defendant Employers," such allegations

11 and reference shall also be deemed to mean the acts and failures to act of each "Defendant

12 Employer" acting individually, jointly and/or severally.

13

At all relevant times, "Defendant Employers" have continuously been employers

14 engaged in an industry affecting commerce within the meaning of § 701 (b), (g) and (h) of Title

15 VII, 42 U.S.C., § 2000e-1(b), (g) and (h).

16

STATEMENT OF CLAIMS

17

Since in or about May 1, 2000, "Defendant Employers" have engaged in

18 unlawful employment practices at its facility in Las Vegas, Nevada in violation of §706(f)Çl)

19 and (3) of Title VII, 42 U.S. C., §2000e-5(f)(1) and (3). The unlawful sexual harassment and

20 sex based harassment in the form of verbal harassment directed at the Charging Party impacted

21 the terms and conditions of her employment and created a hostile working environment at

22 "Defendant Employers." The Charging Party was also subject to retaliation for having

23 complained about the hostile work environment and suffered adverse employment actions. The

24 Charging Party was denied a promotion, reassigned to a less desirable position and a demotion.

25

The impact of the aforementioned conduct deprived the Charging Party of equal

26 employment opportunities and otherwise adversely impacted her employment status because of

27 her sex and in retaliation for opposing discriminatory practices or engaging in a protected

28 activity that resulted in adverse employment action.

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Case 2:05-cv-01203-RLH-PAL Document 1-2809148 Filed 09/30/05 Page 4 of 5
The unlawfiul employment practices complained of above were and are willful within the meaning of §7O6(f)(1) and (3) of Title VII, 42 U.S. C., §2OOOe-5(f)(j) and (3).
The unlawful employment practices complained of above were intentional and
caused the Charging Party to suffer emotional distress. "Defendant Employers" have acted with malice or reckless indifference to the
federally protected rights of the Charging Party by subjecting her to harassment consisting of
derogatory statements, and obscene and vulgar language. When Charging Party complained to "Defendant Employers" about the harassment she was being subjected to, her complaints were either ignored or she was subjected to further harassment. The Charging Party was also subject to retaliation for opposing discrimination or engaging in a protected activity resulting in an adverse employment action that harmed her.
PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests thai: this Court: Grant a permanent injunction enjoining "Defendant Employers," its officers,
successors, assigns and all persons in active concert or participation with them, from engaging
in any employment practices that discriminate on the basis of sex or from engaging in unlawful
retaliation; Grant a permanent injunction enjoining "Defendant Employers," their officers,
successors, assigns and all persons in active concert or participation with them, from engaging
in any employment practice which discriminates on the basis of sex;
Order "Defendant Employers" to institute and carry out policies, practices and programs which provide equal employment opportunities for females which eradicate the effects
of their past and present unlawful employment practices; Grant a judgment requiring "Defendant Employers" to pay the Charging Party
appropriate back pay, front pay, compensatory damages and benefits in an amount to be determined at trial including prejudgment interest;
Order "Defendant Employers" to make the Charging Party whole by providing
affirmative reliefnecessary to eradicate the effects of its unlawful practices including, but not
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Case 2:05-cv-01203-RLH-PAL Document 1-2809148 Filed 09/30/05 Page 5 of 5

1 limited to, payment of compensatory damages to Charging Party;

2

Order "Defendant Employers" to pay Charging Party punitive damages in an

3 amount to be determined at trial;

4

Award the Commission its costs in this action; and

5

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

6 the public interest.

7

JURY DEMAND

8

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

9

Respectfully Submitted By:

lo

11

U.S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

12

1801 "L" Street, N.W.

Washington, D.C. 20507

13

James Lee

14

Deputy General Counsel

15

Gwendolyn Reams

Associate General Counsel

16

17

i

18 Dated: September 29, 2005
19
20

By:
Anna Y. Park, Regional Attorney Cherry-Marie D. Rojas, Supervisory Trial Attorney Sue J. Noh, Trial Attorney

21

U.S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

22

23

24

25

26

27

28

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 Case: 2:05-cv-1203 As of: 04/28/2010 02:36 PM PDT 1 of 5
CLOSED, ENE
United States District Court District of Nevada (Las Vegas) CIVIL DOCKET FOR CASE #: 2:05−cv−01203−RLH−PAL

U.S. EEOC VS TRUGREEN LANDCARE Assigned to: Chief Judge Roger L. Hunt Referred to: Magistrate Judge Peggy A. Leen
Magistrate Judge George Foley, Jr (Settlement) Cause: 42:2000
Plaintiff

Date Filed: 09/30/2005 Date Terminated: 10/02/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

U.S. Equal Employment Opportunity Commission

represented by Angela D Morrison Nevada Immigrant Resource Project William S Boyd School of Law, Thomas &Mack Legal Clinic 4505 Maryland Parkway Box 451082 Las Vegas, NV 89154−1082 702−895−2082 Fax: 702−895−2081 Email: angela.morrison@unlv.edu LEAD ATTORNEY

Anna Park U.S. Equal Employment Opportunity Commission 255 East Temple Street 4th Floor Los Angeles, CA 90012− 213−894−1083 Email: anna.park@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sue J. Noh United States Equal Employment Opportunity Commission Legal Unit 255 East Temple Street 4th Floor Los Angeles, CA 90012− (213) 894−1082 Fax: 213−894−1118 Email: sue.noh@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wilfredo Tungol U.S. Equal Employment Opportunity Commission Honolulu Local Office 300 Ala Moana Blvd. #7−127 P.O. Box 50082 Honolulu, Ha 96850 (808)541−3121 Fax: (808)541−3390 Email: wilfredo.tungol@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

Case: 2:05-cv-1203 As of: 04/28/2010 02:36 PM PDT 2 of 5

Defendant Trugreen Landcare

represented by Bruce C Young Littler Mendelson, PC 3960 Howard Hughes Parkway Suite 300 Las Vegas, NV 89169−5937 702−862−8800 Fax: 702−862−8811 Email: byoung@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Deborah L. Westbrook Littler Mendelson 3960 Howard Hughes Parkway Suite 300 Las Vegas, NV 89169−5937 (702) 862−8800 Fax: (702) 862−8811 Email: dwestbrook@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patrick H. Hicks Littler Mendelson, PC 3960 Howard Hughes Parkway Suite 300 Las Vegas, NV 89109 Email: phicks@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wendy M. Krincek Littler Mendelson, PC 3960 Howard Hughes Parkway Suite 300 Las Vegas, NV 89169−5937 702−862−8800 Fax: 702−862−8811 Email: wkrincek@littler.com ATTORNEY TO BE NOTICED

Date Filed 09/30/2005 09/30/2005 12/23/2005
02/03/2006
02/03/2006 02/21/2006 03/20/2006

# Docket Text
SUMMONS ISSUED to Pltf (1) (Entered: 10/04/2005)
1 COMPLAINT by Pltf w/jd. (Entered: 10/04/2005)
2 WAIVER OF SERVICE Returned Executed by Defendants Trugreen Landcare, Trugreen Landcare. Trugreen Landcare waiver sent on 12/7/2005, answer due 2/5/2006. (MMM, ) (Entered: 12/29/2005)
3 ANSWER to 1 Complaint by Defendant Trugreen Landcare. Certificate of Interested Parties due by 2/13/2006. Discovery Plan due by 3/20/2006.(Young, Bruce) (Entered: 02/03/2006)
4 CERTIFICATE of Interested Parties by Defendant Trugreen Landcare. (Young, Bruce) (Entered: 02/03/2006)
5 ORDER for ENE session on 4/20/06 @ 9:00am. Signed by Judge George W Foley Jr. on 2/10/06. (AXM, ) (Entered: 02/21/2006)
6 PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff U.S. Equal Employment Opportunity Commission Stipulated. (Noh, Sue) (Entered: 03/20/2006)

Case: 2:05-cv-1203 As of: 04/28/2010 02:36 PM PDT 3 of 5

03/21/2006 03/23/2006 03/27/2006 04/27/2006 06/02/2006 06/02/2006
08/10/2006 08/16/2006 11/16/2006 11/30/2006
12/26/2006 12/26/2006 12/29/2006

7 First MOTION to Continue Early Neutral Evaluation Conference by Defendant Trugreen Landcare. Responses due by 4/8/2006. (Young, Bruce) (Entered: 03/21/2006)
8 NOTICE: Pursuant to Special Order No. 102 this case has been assigned to the Early Neutral Evaluation Program. Magistrate Judge George W Foley, Jr will be the evaluating judge in this case. Early Neutral Evaluation set for 6/2/2006 09:00 AM before Magistrate Judge George W Foley Jr.. (no image attached)(AXM, ) Additional attachment(s) added on 3/28/2006 (AXM, ). (Entered: 03/23/2006)
9 ORDER denying 6 Proposed Discovery Plan/Scheduling Order. Discovery deadline due by 10/17/06. Motions due by 11/16/06. Proposed Joint Pretrial Order due by 12/18/2006. Interim Status Report due by 8/18/2006. Signed by Judge Peggy A. Leen on 3/24/06. (MJZ) (Entered: 03/28/2006)
10 NOTICE of Appearance by attorney wilfredo tungol on behalf of Plaintiff U.S. Equal Employment Opportunity Commission. (tungol, wilfredo) (Entered: 04/27/2006)
11 MINUTES OF PROCEEDINGS − Early Neutral Evaluation Conference held on 6/2/2006 before Judge George W Foley Jr..Pla Counsel: Wilfredo Tungol; Def Counsel: Patrick Hicks;. No settlement was reached. (AXM) (Entered: 06/02/2006)
12 MINUTES OF PROCEEDINGS − Early Neutral Evaluation Conference held on 6/2/2006 before Judge George W Foley Jr.. Crtrm Administrator: Julia Hill; Pla Counsel: Wilfredo Tungol; Def Counsel: Patrick Hicks; Time of Hearing: 9:00 a.m.. The Court heard presentations from counsel and each of the parties present and thereafter met individually with counsel and each individual party. No settlement was reached. Accordingly, the court finds this case should be returned to the normal litigation track. (no image attached) (KLS, ) (Entered: 06/07/2006)
13 STIPULATION AND ORDER TO EXTEND DISCOVERY PERIOD [FIRST EXTENSION] by Defendant Trugreen Landcare. (Hicks, Patrick) (Entered: 08/10/2006)
14 ORDER ON STIPULATION re 13 Stipulation. SCHEDULING ORDER. Discovery due by 1/15/2007. Motions due by 2/14/2007. Proposed Joint Pretrial Order due by 3/16/2007. Signed by Judge Peggy A. Leen on 8/11/06. (AXM) (Entered: 08/16/2006)
15 STATUS REPORT Joint Interim Status Report by Defendant Trugreen Landcare. (Westbrook, Deborah) (Entered: 11/16/2006)
16 MINUTE ORDER IN CHAMBERS of the Honorable Roger L. Hunt, U.S. District Judge on 11/30/2006. By Deputy Clerk: Kandy Capozzi. Having reviewed the Joint Interim Status Report, IT IS HEREBY ORDERED this case shall be referred to the U.S. Magistrate Judge upon close of discovery, which is currently 1/15/2007, for the scheduling of a settlement conference. Calendar Call set for 6/13/2007 08:45 AM in LV Courtroom 6C before Judge Roger L. Hunt. Jury Trial set for 6/18/2007 08:30 AM in LV Courtroom 6C before Judge Roger L. Hunt. These dates shall be included in the Joint Pretrial Order. Any requests for continuances of discovery or dispositive motions shall also include a concurrent request for continuance of the trial date and supply available dates.(no image attached) (KMC, ) (Entered: 11/30/2006)
17 STIPULATION To Extend Discovery and Order to Extend Discovery Period by Plaintiff U.S. Equal Employment Opportunity Commission. (Morrison, Angela) (Entered: 12/26/2006)
18 STIPULATION Request for Continuance of Trial Date by Plaintiff U.S. Equal Employment Opportunity Commission. (Morrison, Angela) (Entered: 12/26/2006)
19 SCHEDULING ORDER Re: 17 Stipulation to Extend Discovery Period. Discovery due by 2/14/2007. Motions due by 3/16/2007. Proposed Joint Pretrial Order due by 4/15/2007. Signed by Judge Peggy A. Leen on 12/27/06. (AAB) (Entered: 12/29/2006)

Case: 2:05-cv-1203 As of: 04/28/2010 02:36 PM PDT 4 of 5

01/08/2007
01/09/2007 02/26/2007 03/02/2007 03/05/2007 03/13/2007
03/13/2007 04/26/2007 05/01/2007 07/11/2007 07/13/2007
07/13/2007 07/17/2007 08/23/2007 08/28/2007

20 ORDER ON STIPULATION GRANTING 18 Stipulation to reset trial deadlines. Calendar Call set for 10/10/2007 08:30 AM in LV Courtroom 6C before Judge Roger L. Hunt. Jury Trial set for 10/15/2007 08:45 AM in LV Courtroom 6C before Judge Roger L. Hunt. Ordered that upon close of discovery case shall be referred to U.S. Magistrate Judge for settlement conference. Signed by Judge Roger L. Hunt on 1/3/07. (AXM) (Entered: 01/08/2007)
21 ORDER Scheduling Settlement Conference: Settlement Conference set for 5/10/2007 09:30 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. Signed by Judge Peggy A. Leen on 1/5/07. (AAB) (Entered: 01/10/2007)
22 STIPULATION Stipulation and order continuing dispostivie motions and pretrial order deadlines by Defendant Trugreen Landcare. (Westbrook, Deborah). (Entered: 02/26/2007)
23 NOTICE of Hearing:on #22 Stiulation Miscellaneous Hearing set for 3/13/2007 08:45 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. (AXM) (Entered: 03/02/2007)
24 NOTICE of Hearing: Hearing reset for 3/13/2007 02:00 PM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. Hearing set for 3/13/07 is VACATED.(AXM) (Entered: 03/06/2007)
25 MINUTES OF PROCEEDINGS − Discovery Hearing held on 3/13/2007 before Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Angela D. Morrison, Esq.; Def Counsel: Deborah L. Westbrook, Esq. (via telephone); Court Reporter/FTR #: 2:03:40 − 2:08:31; Time of Hearing: 2:00pm. After discussing this matter with counsel, The Court will approve and sign their proposed stipulation to extend motions and pretrial deadlines. (no image attached) (JAM, ) (Entered: 03/13/2007)
26 SCHEDULING ORDER. Motions due by 6/11/2007. Proposed Joint Pretrial Order due by 7/11/2007. Signed by Judge Peggy A. Leen on 3/13/07. (MAJ) (Entered: 03/16/2007)
27 STIPULATION STIPULATION AND REQUEST FOR ORDER VACATING SETTLEMENT CONFERENCE by Defendant Trugreen Landcare. (Westbrook, Deborah) (Entered: 04/26/2007)
28 ORDER ON STIPULATION granting 27 Stipulation to VACATE settlement conference. Signed by Judge Peggy A. Leen on 4/30/07. (AXM) Modified on 5/4/2007 (AXM, correcting judge). (Entered: 05/01/2007)
29 PROPOSED Pretrial Order by Plaintiff U.S. Equal Employment Opportunity Commission. (Morrison, Angela) (Entered: 07/11/2007)
30 PRETRIAL ORDER: Jury Trial set for 10/15/2007 08:30 AM in LV Courtroom 6C before Chief Judge Roger L. Hunt.,Calendar Call set for 10/10/2007 08:45 AM in LV Courtroom 6C before Chief Judge Roger L. Hunt.,Proposed Jury Instructions due by 10/10/2007.,Proposed Voir Dire due by 10/10/2007. Signed by Judge Roger L. Hunt on 7/13/07. (Copies have been distributed pursuant to the NEF − AXM) (Entered: 07/17/2007)
31 ORDER REFERRING CASE to Magistrate Judge for settlement conference. Signed by Judge Roger L. Hunt on 7/13/07. (Copies have been distributed pursuant to the NEF − AXM) (Entered: 07/17/2007)
32 ORDER Scheduling Settlement Conference: Settlement Conference set for 8/30/2007 09:30 AM in Chambers before Magistrate Judge Peggy A. Leen. Signed by Judge Peggy A. Leen on 7/17/07. (Copies have been distributed pursuant to the NEF − MJZ) (Entered: 07/19/2007)
33 STIPULATION STIPULATION AND ORDER VACATING SETTLEMENT CONFERENCE by Defendant Trugreen Landcare. (Krincek, Wendy) (Entered: 08/23/2007)
34 ORDER ON STIPULATION Granting 33 Stipulation to vacate settlement conference. Signed by Judge Peggy A. Leen on 8/27/07. (Copies have been distributed pursuant to the NEF − AXM) (Entered: 08/28/2007)

Case: 2:05-cv-1203 As of: 04/28/2010 02:36 PM PDT 5 of 5

09/26/2007
09/26/2007
09/26/2007 10/01/2007 10/02/2007

35 ORDER REGARDING TRIAL: Jury Trial set for 10/15/2007 08:30 AM in LV Courtroom 6C before Chief Judge Roger L. Hunt. Calendar Call set for 10/15/2007 08:45 AM in LV Courtroom 6C before Chief Judge Roger L. Hunt. Exhibit List due by 10/10/2007. Proposed Voir Dire due by 10/10/2007. Proposed Jury Instructions due by 10/10/2007. Trial Briefs due by 10/10/2007. Signed by Judge Roger L. Hunt on 9/26/2007. (Copies have been distributed pursuant to the NEF − KMC) (Entered: 09/26/2007)
36 ORDER REGARDING TRIAL: Bench Trial set for 10/15/2007 08:30 AM in LV Courtroom 6C before Chief Judge Roger L. Hunt. Calendar Call set for 10/10/2007 08:45 AM in LV Courtroom 6C before Chief Judge Roger L. Hunt. Exhibit List due by 10/10/2007. Proposed Findings of Fact and Conclusions of Law due by 10/10/2007. Signed by Judge Roger L. Hunt on 9/26/2007. (Copies have been distributed pursuant to the NEF − KMC) (Entered: 09/26/2007)
37 NOTICE ORDER REGARDING TRIAL 36 rescinded. (Docketed in wrong case.) (KMC) (Entered: 09/26/2007)
38 SETTLEMENT AGREEMENT [Proposed] Consent Decree; Order by Plaintiff U.S. Equal Employment Opportunity Commission. (Park, Anna) (Entered: 10/01/2007)
39 CONSENT DECREE. Signed by Judge Roger L. Hunt on 10/2/07. (Copies have been distributed pursuant to the NEF − AXM) (Entered: 10/02/2007)