Case 2:05-cv-01101-PMP-PAL Document 1 Filed 09/09/2005 Page 1 of 6

I "

I ANNA Y. PARK CA SBN 164242

l

CHERRY-MARIE D. ROJAStCA SBN 141482 .

') U.S. EQUAL EfvlPLOYMEN

OPPORTUNITY COMMISSION

3 I 255 East TemQle Street, 4th Floor

"" ..

Los Angeles, CA 90012

4- Teleph9ne: (2q) 894-1083

FaCSlmIle: (2131 894-1301

:)
CONNIE LIEM, TX SBN 791113 6 U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION 7· 401 B Street" Suite 510
!I San Diego, CA 92101 8 Telephone: (619) 557-7284
Facslmile: (619) 557-7274
q ,
Attornevs for Plaintiff 10· U.S. EduAL EMPLOYMENT
OPPORtUNITY COMMISSION
1 1

UNITED STATES DT~Tt;HrT rOTTDT

13

DISTJUCT (

14 u.s. EQUAL EMPLOYMENT
15 OPPORTUNITY COMMISSION,

CV -S-05-11 01-PlvlP-PAL

16 Plaintift~
v.
18

COMPLAINT- CIVIL RIGHTS EMPLOYMENT DISCRIMINATION (42 U.S.C. §§ 2000e, et seq.)

19: ~2~D~I!i~G«Ao/~fcff1 &
20· CASINO,

JURY TRIAL DI~MAND

21

Defendant.

22

23

24

NATURE OF THE ACTION

25

This is an action under Title VII of the Civil Rights Act of 1964., as

26· amended, and Title I of the Civil Rights Act of 1991 to correclt unlawful

27 employment practices on the basis of sex, female, and unlawful retaliation against

28 I employees who engaged in protected activities in violation of Title VIJ[. Plaintiff
I

Case 2:05-cv-01101-PMP-PAL Document 1 Filed 09/09/2005 Page 2 of 6

1 United States Equal Employment Opportunity Commission ("Commission")

2 alleges that Defendant MGM Mirage, Inc., d/b/a Mandalay Bay Resort & Cas:lno

:I ("Defendant") subjected Charging Party Orasa Benpard ("Benpard") to a hostile

4 work environment on the basis of sex, female. The Commission further alJege~,

5 that Defendant subjected Charging Parties Xu M:ei ("Mei"), Jinchang Deng

6 ("Deng"), Yin-Fong Hui-Lai ("Hui-Lai"), Hong Situ ("Situ") and other similarly

7 situated individuals to retaliation in violation of Section 704(a) of Title VII for

8 opposing the sex discrimination against Benpard and engaging in other protected

9 activities.

10

JURISDICTION ANI) VENUE

11

l. Junsdiction of this Court is invoked pursuant to 28 U.S.C. §§ 45 L

12 1331,1337 ,1343 and 1345.

13

2. This action is authorized and instituted pursuant to Section 706(f)O)

14 and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.

15 § 2000e-51f)(1) and (3) ("Title VII") and Section 102 of Title ][ of the Civil Rights

16 Act of 1991~ 42 U.S.C. § 1981a.

17

3. The employment practices alleged to be unlawful were comnlitted

18· within the jurisdiction of the United States District Court for the District of

19 Nevada.

20

PARTIES

21

4. Plaintiff, Equal Employment Opportunity Commission, is the iiederal

22 agency charged with the administration, interpretation and enforcement of

23 Title VII, and is expressly authorized to bring this action by Section 7060)( 1) and

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

25

5. At all relevant times, Defendant has been a Nevada corporation

26. continuously doing business within the jurisdiction of the United States District

27 Court for 1he District of Nevada. At all relevant times, Defendant has

28 continuously employed fifteen (15) or more persons.

2

Case 2:05-cv-01101-PMP-PAL Document 1 Filed 09/09/2005 Page 3 of 6

1

6. At all relevant times, Defendant has continuously engaged in an

-.') industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of

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

4

STATEMENT OF CLAIMS

5

7. More than thirty days prior to the institution of this lawsuit, Benp2.rd,

6 Mei, Deng, Hui-Lai, and Situ filed charges with the Commission alleging

7 violations of Title VII by Defendant. The Comrnission investigated and issued a

8 Letter of Detemlination finding that Benpard was subjected to a hostile work

9, environment on the basis of sex, ft:male. The Commission also investigated and

10 issued Letters of Determination finding that Mei, Deng, Hui-Lai, Situ, and other

11 similarly situated individuals were subjected to a hostile work environment and/or

1-~I' disparate treatment in retaliation for having opposed the sexual harassment: against 1.-), Benpard and for engaging in protected activities. All conditions precedent to the

14 institution of this lawsuit have been fulfilled.

15

8. Since at least March 2003, Defendant has engaged in unlawful

16 employment practices at its Las Vegas facility, in violation of Section 703(a) of

17 i! Title VII, 42 U.S.C. §2000e-2(a)(l) by subjecting Benpard to a hostile work
:"1
18 I environment on the basis of sex, female. The sexual harassment that Benpard was
I
19 subjected to includes, but is not limited to, unwanted touching, intimidation, and

20· leering.

21

9. Since at least March 2003, Defendant has engaged in unlawful

22 employment practices at its Las Vegas facility, in violation of Section 704(a) of

23 Title VII, 42 U.S.C. §2000e-3(a) by retaliating against Mei, Deng, Hui-Lai, Si":u

24 and other similarly situated individuals for having engaged in protected activities,

2S including opposing the sexual harassment. The retaliation against Mei, Deng,

26 Hui-Lai, Situ and other similarly situated individuals includes~, but is not limited

27 I to, subjecting them to a hostile work environment and/or disparate terrns and

28 conditions of employment, including, but not limited to, writt{m and verbal tlneats,

3

Case 2:05-cv-01101-PMP-PAL Document 1 Filed 09/09/2005 Page 4 of 6

1 physical assaults, and vandalism of personal property at the workplace. For

2 example, in retaliation for having engaged in protected activities, Deng was

3 subjected to disparate discipline and subsequently discharged, Situ was subjected

4 to disparate discipline and reduced work hours, and Hui-Lai was subjected to

5 disparate discipline.

6

10. The effect of the practice(s) complained of in paragraphs 8 and 9

7 above has been w deprive Benpard, Mei, Deng, Hui-Lai, Situ, and other similarly

8 situated individuals of equal employment opportunities and otherwise adversely

9 affect their status as employees, because of sex, female, and/or because of having

10 engaged in protected activity under Title VII.

11

11. The unlawful employment practices complained of in paragraphs g

12 and 9 above were intentional.

13

12. The unlawful employment practices complained of in paragraphs g

14 and 9 above were done with malice or with reckless indifference to the

15 federally protected rights of Benpard, Mei, Deng, Hui-Lai, Situ and other

16 similarly-situated individuals.

I

!

17 "

13. As a direct and proximate result of Defendant's aforesaid acts

18 Benpard, Mei, Deng, Hui-Lai, Situ, and other similarly situated individuals have

19 each suffered emotional pain, suffering, inconvenience, loss of enjoyment oflife,

20 humiliation and damages, according to proof.

I

21 I

14. As a direct and proximate result of Defendant's afDresaid acts,

,

i ,
22 [ Deng, and Situ suffered a loss of earnings in an amount according to proof,

23

PRAYER FOR RE,LIEF

24

\Vherefon~, the Commission respectfully requests that this Court:

d "

25

A. Grant a permanent injunction enjoining Defendant, their respective

26 officers, successors, assigns, agents, and all persons in active concert or

27 !I participation with them, from engaging in any employment practice which
'[
28! discriminates on the basis of sex, female;

4

Case 2:05-cv-01101-PMP-PAL Document 1 Filed 09/09/2005 Page 5 of 6

B. Grant a permanent injunction enjoining Defendant, their respective

2 officers, successors, assigns, agents, and all persons in active concert or

3 participation with them, from retaliating against any employee who engages in any

4 protected activity under Title VII;

5

C. Order Defendant to institute and carry out policies" practices, and

6 programs which provide equal employment opportunities and a non-hostille work

7' environment for female employees, and employees who have engaged in protected

8:' activities, which eradicate the effeets of its past and present unlawful employment

9 practices;

10

D. Order Defendant to make whole Deng and Situ by providing

11 appropriate reinstatement and any back pay with prejudgment interest, front pay in

amounts to be detemlined at trial, and/or other affirmative relief necessary to

13 eradicate the efjects of its unlawful employment practices;

14

E. Order Defendant to make whole Benpard, Mei, Deng, Hui-Lai, Situ,

15 and other ~imilaTly situated individuals by providing compensation for past and

16 future non-pecuniary losses resulting from the unlawful practices complained of in

17 paragraphs 8 and 9 above, including, but not limited to, emotional pain, suffering,

18 inconvenience, loss of enjoyment of life, and humiliation, in a1'Gounts tlO be

19 determined at trial;

20

F. Order Defendants to pay Benpard, Mei, Deng, Hui-Lai, Situ, and

21 I other similarly situated individuals punitive danlages for its malicious and reckless

22 conduct described in paragraphs 8 and 9 above, in amounts to be detennined at

23 trial;

24

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

i

25 I the public interest; and

26 i

H. Award the Commission its costs of this action.

!

27 III

28 III

5

Case 2:05-cv-01101-PMP-PAL Document 1 Filed 09/09/2005 Page 6 of 6

1

JURY TRIAL DEN[AND

2

The Commission requests a jury trial on all questions of fact raised by itB

3 Complaint.

4

5

Respectfully Submitted,

6

JAM:ES LEE,

7

Deputy General Counsel

8

9

10

11

12

.-:8d 13 Dated:

.?(_'_ _, 2005

14

G\VENDOLYN YOUNG REAMS, Associate General Counsel

U.S. EQUAL EMPLOYMENT

OPPORIUNITY COMMISSION

1801 "L" Street, N.W. ,,")

/ . tJ'r"---- Washington, D.C. 29807 /

,_.......-...- ...-_.

AN'~ By: /"~

:~

A Y. P1\ --------,,--,

Regional Attorney

15

CONNIE LIEM

Senior Trial AttonLey

16

17

U.S. EQUAL EMPLOYMENT

OPPORIUNITY COMMISSION

18

255 E. Temple Street, 4th Floor

Los Angeles, CA 90012

19

20

21 22 23 .

24

25

26 · 27 I 28

6

 
 Case 2:05-cv-01101-PMP-PAL Document 11 Filed 12/23/2005 Page 1 of 7

1 ANNA Y. PARJ<; CA SBN 164242 U.S. EQUAL ElVIPLOYMENT
2 OPPORIUNITY COMMISSION 255 East TemQle Street, 4th Floor
3 Los Angeles CA 90012 Telephone: (213) 894-1083
4 FacsImile: (213) 894-1301

Z005 DEC 23 /.'1. \l: I b

5 CONNIE LIEM, TX SBN 791113 U.S. EQUAL EMPLOYMENT
6 OPPORIUNITY COMMISSION
401 B Stree!; Suite 510 7 San Diego, LA 92101
Telephone: (619) 557-7284
8 FacsImile: (619) 557-7274

~ "

"I . .

.

~.

"

'/

9 Attorneys for Plaintiff EQUAL EMPLOYMENT
10 OPPORTUNITY COMMISSION

11
UNITED STATES DISTRICT COURT
12
DISTRICT OF NEVADA
13

14 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
15

16

Plaintiff,

17

v.

18
MGM MIRAGE MANDALAY 19 CORP. and MANDALAYBAY
RESORT GROUP, collectively 20 d/b/~ Mandalay Bay Resort &
CasIllo,
21
Defendants. 22

CASE NO.: CV-S-05-1101-PMP-PAL
FIRST AMENDED COMPLAINT- CIVIL RIGHTS EMPLOYMENT DISCRIMINATIOJ'T
(42 U.S.C. §§ 2000e, et seq.)
JURY TRIAL DEl'IAND

23

24

NATURE OF THE ACTION

25

This is an action under Title VII of the Civil Rights Act of 1964, as

26 amended, and Title I of the Civil Rights Act of 1991 ("Title VII'') to correct

27 unlawful employment practices on the basis of sex, female, and unlawful

28 retaliation against employees who engaged in protected activitie::; in violation of

Case 2:05-cv-01101-PMP-PAL Document 11 Filed 12/23/2005 Page 2 of 7
-

1 Title VII. Plaintiff United States Equal Employment Opportunity Commission

2 ("Commission") alleges that Defendants MOM Mirage, Mandalay Corporation,

3 and Mandalay Bay Resort Group (collectively referred to as "De6:.ndants")

4 subjected Charging Party Orasa Benpard ("Benpard") to a hostile work

5 environment on the basis of sex, female in violation of Section 7Q13(a) of Title VII.

6 The Commission further alleges that Defendant subjected Charging Parties Xu

7 Mei ("Mei"), Jinchang Deng ("Deng"), Yin-Fong Hui-Lai ("Hui··Lai"), Hong Situ

8 ("Situ") and other similarly situated individuals to retaliation in violation of

9 Section 704(a) of Title VII for opposing the sex discrimination against Benpard

10 and engaging in other protected activities.

11

JURISDICTION AND VENUE

12

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

13 1331,1337,1343 and 1345.

14

2. This action is authorized and instituted pursuant to Section 706(f)(1)

15 and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §

16 2000e-5(f)(1) and (3) ("Title VII") and Section 102 of Title I of the Civil Rights

17 Actof1991,42U.S.C.§ 1981a.

18

3. The employment practices alleged to be unlawful were committed

19 within the jurisdiction of the United States District Court for the District of

20 Nevada.

21

PARTIES

22

4. Plaintiff, Equal Employment Opportunity Commission, is the federal

23 agency charged with the administration, interpretation and enforcement of Title

24 VII, and is expressly authorized to bring this action by Section 7Q16(f)(1) and (3) of

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

26

5. At all relevant times, Defendant MGM Mirage, a Delaware

27 corporation, has been continuously doing business within the jurisdiction of the

28 United States District Court for the District of Nevada. MGM Mirage is the parent
I

2

Case 2:05-cv-01101-PMP-PAL
-

Document 11

Filed 12/23/2005

Page 3 of 7

1 corporation of Defendants Mandalay Resort Group and Mandalay Corporation.

2

6. At all relevant times, Defendant Mandalay Corporation, a Nevada

3 corporation and a wholly-owned subsidiary of Defendant MGM rvlirage, has been

4 continuously doing business within the jurisdiction of the United States District

5 Court for the District of Nevada.

6

7. At all relevant times, Defendant Mandalay Resort Group, a Nevada

7 corporation and a wholly-owned subsidiary of Defendant MGM l'vlirage, has been

8 continuously doing business within the jurisdiction of the United States District

9 Court for the District of Nevada.

10

8. At all relevant times, all Defendants have continuously employed

11 fifteen (15) or more persons. At all relevant times, all Defendant:;; have

12 continuously engaged in an industry affecting commerce within the meaning of

13 Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

14

15

STATEMENT OF CLAIMS

16

9. More than thirty days prior to the institution of this lawsuit, Benpard,

17 Mei, Deng, Hui-Lai, and Situ filed charges with the Commission alleging

18 violations of Title VII by Defendants. The Commission investigated and issued a

19 Letter of Determination finding that Benpard was SUbjected to a hostile work

20 environment on the basis of sex, female. The Commission also investigated and

21 issued Letters of Determination finding that Mei, Deng, Hui-LaL Situ, and other

22 similarly situated individuals were subjected to a hostile work environment and/or

23 disparate treatment in retaliation for having opposed the sexual harassment against

24 Benpard and for engaging in protected activities. All conditions precedent to the:

25 institution of this lawsuit have been fulfilled.

26

10. Since at least March 2003, Defendants have engaged in unlawful

27 employment practices at the Las Vegas facility, known as Mandalay Bay Resort &

28 Casino, in violation of Section 703(a) of Title VII, 42 U.S.C. §2000e-2(a)(l) by

3

Case 2:05-cv-01101-PMP-PAL
-

Document 11

Filed 12/23/2005

Page 4 of 7

1 subjecting Benpard to a hostile work environment on the basis of sex, female.

2 The sexual harassment that Benpard was subjected to includes, but is not limited

3 to, unwanted touching, intimidation, and leering.

4

11. Since at least March 2003, Defendants have engaged in unlawful

5 employment practices at its Las Vegas facility, known as Mandalay Bay Resort &

6 Casino, in violation of Section 704(a) of Title VII, 42 U.S.C. §2000e-3(a) by

7 retaliating against Mei, Deng, Hui-Lai, Situ and other similarly-situated

8 individuals for having engaged in protected activities, including opposing the

9 sexual harassment. The retaliation against Mei, Deng, Hui-Lai, Situ and other

10 similarly-situated individuals includes, but is not limited to, subj ecting them to a

11 hostile work environment and/or disparate terms and conditions of employment,

12 including, but not limited to, written and verbal threats, physical assaults, and

13 vandalism of personal property at the workplace. For example, in retaliation for

14 having engaged in protected activities, Deng was subjected to disparate discipline

15 and subsequently discharged, Situ was subjected to disparate discipline and

16 reduced work hours, and Hui-Lai was subjected to disparate discipline.

17

12. The effect of the practice(s) complained of in paragraphs 10 and 11

18 above has been to deprive Benpard, Mei, Deng, Hui-Lai, Situ, and other similarly-

19 situated individuals of equal employment opportunities and otherwise adversely

20 affect their status as employees, because of sex, female and/or because of having

21 engaged in protected activity under Title VII.

22

13. The unlawful employment practices complained Ofl11 paragraphs 10

23 and 11 above were intentional.

24

14. The unlawful employment practices complained ofln paragraphs 10

25 and 11 above were done with malice or with reckless indifference: to the

26 federally protected rights of Benpard, Mei, Deng, Hui-Lai, Situ and other

27 similarly-situated individuals.

28

15. As a direct and proximate result of Defendants' aforesaid acts,

4

Case 2:05-cv-01101-PMP-PAL
-

Document 11

Filed 12/23/2005 Page 5 of 7
-

1 Benpard, Mei, Deng, Hui-Lai, Situ, and other similarly situated individuals have:

2 each suffered emotional pain, suffering, inconvenience, loss of enjoyment of life, 3 humiliation and damages, according to proof.

4

16. As a direct and proximate result of Defendants' aforesaid acts, Deng

5 and Situ suffered a loss of earnings in an amount according to proof.

6

7

PRAYER FOR RELIEF

8

Wherefore, the Commission respectfully requests that this Court:

9

A. Grant a permanent injunction enjoining Defendants: their respective

10 officers, successors, assigns, agents, and all persons in active concert or

11 participation with them, from engaging in any employment practice which

12 discriminates on the basis of sex, female;

13

B. Grant a permanent injunction enjoining Defendants: their respective

14 officers, successors, assigns, agents, and all persons in active concert or

15 participation with them, from retaliating against any employee who engages in any

16 protected activity under Title VII;

17

C. Order Defendants to institute and carry out policies, practices, and

18 programs which provide equal employment opportunities and a non-hostile work

19 environment for female employees, and employees who have engaged in 20 protected activity, which eradicate the effects of its past and pres1ent unlawful 21 employment practices;

22

D. Order Defendants to make whole Deng and Situ by providing

23 appropriate reinstatement and any back pay with prejudgment interest, front pay in

24 amounts to be determined at trial, and/or other affirmative relief necessary to

25 eradicate the effects of its unlawful employment practices;

26

E. Order Defendants to make whole Benpard, Mei, Deng, Hui-Lai, Situ,

27 and other similarly situated individuals by providing compensation for past and

28 future non-pecuniary losses resulting from the unlawful practices complained of in

5

Case 2:05-cv-01101-PMP-PAL
-

Document 11

Filed 12/23/2005

Page 6 of 7

1 paragraphs 10 and 11 above, including, but not limited to, emotional pain,

2 suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to

3 be determined at trial;

4

F. Order Defendants to pay Benpard, Mei, Deng, Hui-Lai, Situ, and

5 other similarly situated individuals punitive damages for its malicious and reckless

6 conduct described in paragraphs 10 and 11 above, in amounts to be determined at

7 trial;

8

G.

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

9 the public interest; and

10

H. Award the Commission its costs of this action.

11

12

JURY TRIAL DEMAND

13

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

14 complaint.

15

16

17
18 Dated: December 21, 2005
19 20 21
22
23 24 25
26

7 Respectfully~bmitted, /" / ..'
/ / ( p-j~
BY: L~~~._=-(_:'/_':"-:---_
ANNA Y. PARK Regional Attorney
CONNIELIEM Senior Trial Attorne•y
u.S. EQUAL EMPLOYMENT OPPORtUNITY C()MMISSION 255 E. Temple Street, 4th Floor Los Angeles, CA 90012

27

28

6

Case 2:05-cv-01101-PMP-PAL Document 11 Filed 12/23/2005 Page 7 of 7

DECLARAnON OF MAILING I am, and was at the time the herein mentioned mailing took place,l citizen of the United States, over the age of eighteen (18) years and not a party to the above-entided cause. I am employed in the Legal Unit of the Los Angeles District Office of the United States Equal Employment Opportunity Commission. My business address is Equal Employment Opportunity Commission, San Diego Area Office, 401 B Street, Suite 510, San Diego, CA 92101. On the date that this declaration was executed, as shown below, I served the foregoing FIRST AMENDED COMPLAINT- CIVIL RIGHTS EMPLOYMENT VISCRIMINATION in a sealed envelope, fully prepaid, by U. S. Mail at San Diego, County of San Diego, State of California, which was addressed as follows:

Elayna J. Youchah, Esq. Michael V. Infuso, Esq. SCHRECK BRIGNONE 300 S. Fourth Street, Suite 1200 Las Vegas, NY 89101

I declare under penalty of perjury that the foregoing is true and correct.

Executed on 4~ t2!

,2005, at San Diego, California.

...
~~~::..::;;.r~
Janice K. Magnuson
Paralegal Specialist

 
 Case 2:05-cv-01101-PMP-PAL Document 38 Filed 05/29/2007 Page 1 of 19

1 DAENRNEAKYw. P. ALRLISl."-ACSABSNB1N50116242242
U.S. EOUAL tMPLOYMENT 2 OPPORlUNlTY COMMISSION
255 East Tem12le Street, 4th Floor 3 Los Angeles, CA 90012
Telephone: (213) 894-1082 4 FacsImile: (213) 894-1301 5 CONNIE LIEM, TX SBN 791113
U.S. EOUAL EMPLOYMENT 6 OPPORlUNITY COMMISSION
401 B Stree!; Suite 510 7 San Diego, l.-A 92101
Telephone: (619) 557-7284 8 FacsImile: (619) 557-7274

9 Attorneys for Plaintiff EEOC

10 ELAYNA 1. YOUCHAH..z,tJTV Bar #5837 MICHAEL V. INFUSO 1'1 Y Bar # 7388
11 BROWNSTEIN HYATt FARBER SCHRECK, P.C. 300 South Fourth Street, Suite 1200
12 Las Vegas, Nevada 89101 Telephone: (702) 382-2101
13 FacsImile: (702) 382-8135

14 Attorneys for Defendant MGM MIRAGE andMANDALAY CORP.. d/b/a
15 MANDALAY BAY RESORT & CASINO

16
UNITED STATES DISTRICT COURT
17
DISTRICT OF NEVADA
18

19 U.S. EOUAL EMPLOYMENT OPPORlUNlTY COMMISSION,
20
Plaintiff, 21 v.

CASE NO. CV 05-1101-PMP-PAL rPROPOSEDl CONSENT DECREE AND NOTICE OF SETTLEMENT

22 MGM MIRAGE, INC., d/b/a Mandalay
23 Bay Resort and Casino

24

Defendant.

25

26

27

28

-1-

CCaassee 22::0055--ccvv--0011110011--PPMMPP--PPAALL DDooccuummeenntt 3387 FFiilleedd 0055//2219//22000077 PPaaggee 22 ooff 1199

I. INTRODUCTION

2

A. This Consent Decree (the "Decree") and Notice of Settlement is made and

3 entered into by and between the plaintiff, the United State Equal Employment
4
Opportunity Commission (the "Commission" or "EEOC"), and Defendant Mandalay
5
Corp., d.b.a. Mandalay Bay Resort and Casino (the "Company" or "Mandalay Bay") and
6
7 all of the Company's former and present affiliates, sister entities, predecessors,

8 subsidiaries, parents, officers, directors, shareholders, employees, agents, attorneys,

9 successors, assigns, heirs, executors, administrators, trustees and all other former
10
employees of the Company (collectively "Releasees"). Collectively, the EEOC, the
II
12 Company, and Releasees are referred to herein as the "Parties."

13

B. The Parties enter into this Decree for purposes of fully and finally resolving

14 the case instituted in the United States District Court for the District of Nevada entitled
15
(albeit erroneously identifying Mandalay Bay as a dba of MGM MIRAGE) Us. Equal
16
17 Employment Opportunity Commission v. MGM MIRAGE, Inc., dba Mandalay Bay

18 Resort & Casino, Case Number CV S-05-1101-PMP-PAL (the "Action") for violation of

19 Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title
20
VII"), alleging that Charging Party Orasa Benpard was subjected to sexual harassment,
21
and that Charging Parties, Xu Mei, linchang Deng, Yin-Fong Hui-Lai, Hong Situ and
22
23 other similarly situated individuals, were unlawfully retaliated against for engaging in

24 protected activity under Title VII (collectively, Orasa Benpard, Xu Mei, linchang Deng,
25 Yin-Fong Hui-Lai, Hong Situ and others similarly situated individuals are referred to as
26
the "Charging Parties").
27
28

-2-

CCaassee 22::0055--ccvv--0011110011--PPMMPP--PPAALL DDooccuummeenntt 3387 FFiilleedd 0055//2219//22000077 PPaaggee 33 ooff 1199

II. PURPOSE AND SCOPE OF THE DECREE

2

A. The Parties hereby seek entry of this Decree to resolve and bring to a close

3 this action and further seek to avoid incurring costs and burdens incident to this

4
litigation.
5
B.
6

It is understood, acknowledged, admitted and agreed that this Decree

7 represents the compromise of a disputed claim and that the relief recited herein is not an

8 admission of liability or wrongdoing of any kind on the part of the Company or the

9 Releasees, which wrongdoing is expressly denied.
10
C. Nothing in this Decree is intended to resolve any claim asserted in any
II
12 pending charge of discrimination, harassment and/or retaliation filed by any Company

13 employee other than those claims asserted in charges of discrimination, harassment

14 and/or retaliation filed by the Charging Parties or asserted on behalf of the Charging

15
Parties by the Commission.
16

17

D. Nothing in this Decree is intended to limit or in any way affect the

18 Commission's right to bring, process, investigate, or litigate other charges that may arise

19 in the future against the Company in accordance with standard Commission procedure.
20
III. RELEASE OF CLAIMS
21
This Decree fully, completely, and forever resolves all issues, claims and
22
23 allegations raised or that could have been raised by the Commission against the
24 Company in the Action filed in the United States District Court, District of Nevada on
25
September 9,2005 captioned Us. Equal Employment Opportunity Commission v. MGM
26
Mirage, Inc. d/b/a Mandalay Bay Resort and Casino; Case No. CV-S-05-JJOJPMP-
27
28

-3-

CCaassee 22::0055--ccvv--0011110011--PPMMPP--PPAALL DDooccuummeenntt 3387 FFiilleedd 0055//2219//22000077 PPaaggee 44 ooff 1199

PAL, including, but not limited to back pay, front pay, compensatory damages, punitive

2 damages, interest, and injunctive relief.

3 IV. EFFECTIVE DATE AND DURATION OF DECREE

4
The provisions of this Decree are effective immediately upon the date when the
5
Decree is entered by the Court (the "Effective Date"). This Decree shall remain in effect
6

7 for two (2) years after the Effective Date.

8 V. JURISDICTION

9

A. The Court has jurisdiction over the Parties and the subject matter of this

10
Action pursuant to 28 U.S.C. §§ 451,1331,1337,1343,1345,1367, and 42 U.S.C. §
II
2000e-5(f). The Complaint asserts claims that, if proven, would authorize the Court to
12
grant the equitable relief set forth in this Decree. The terms and provisions of this
13
Decree are fair, reasonable and just. This Decree conforms with the Federal Rules of
14
Civil Procedure and Title VII and is not in derogation of the rights or privileges of any
15

person.
16

17

B. The Court shall retain jurisdiction of this action during the duration of the

18 Decree for the purposes of entering all orders, judgments and decrees that may be

19 necessary to implement the relief provided herein.

20 VI. MODIFICATION AND SEVERABILITY

21

A. This Decree constitutes the complete understanding of the Parties with

22
respect to the matters contained herein. No waiver, modification, or amendment of any
23
provision of this Decree will be effective unless made in writing and signed by an
24

25 authorized representative of each of the Parties.

26

B. If one or more provisions of this Decree are rendered unlawful or

27
unenforceable, the Parties shall make good faith efforts to agree upon appropriate
28
amendments to the Decree in order to effectuate the purpose of the Decree. In any

-4-

CCaassee 22::0055--ccvv--0011110011--PPMMPP--PPAALL DDooccuummeenntt 3387 FFiilleedd 0055//2219//22000077 PPaaggee 55 ooff 1199

event, the remaining provisions shall remain in full force and effect unless the purposes

2 of the Decree cannot, despite the Parties' best efforts, be achieved.

3

C. This Decree may be amended or modified in the interest of justice and

4
fairness m order to effectuate the provisions herein upon mutual agreement of the
5
Parties.
6

7 VII. COMPLIANCE AND DISPUTE RESOLUTION

8

A. The Parties expressly agree that if the EEOC has reason to believe that the

9 Company has failed to comply with any material provision of this Decree, the EEOC
10
may bring an action before this Court to enforce the Decree. Prior to instituting such
11
12 action, the EEOC shall notify the Company or its legal counsel of record in reasonable

13 detail and in writing, of the nature of the alleged material non-compliance (the "Non-

14 Compliance Notice"). Absent a showing by either party that delay will cause irreparable
15
harm, the Company shall have thirty (30) days to remedy the non-compliant condition;
16
17 provided, however, that if the Company does not believe it is in material breach of the
18 Decree, it shall have ten (10) days after receipt of the Non-Compliance Notice to

19 respond in writing to such notice identifying, in reasonable detail, the basis on which it
20
contends no material non-compliance has occurred (the "Ten-Day Notice"). Within five
21
days of receiving the Ten-Day Notice, the Parties shall meet and confer by telephone
22
23 and attempt to resolve their difference. If resolution does not occur, or if the Parties
24 agree otherwise, the Parties may then proceed with a request for court intervention.
25
B. The Parties stipulate and agree to cooperate and use their respective best
26
efforts to resolve any dispute regarding a material failure to comply with the terms of
27
28 this Decree identified in a notice given in accordance with Section VI(A) above.

-5-

CCaassee 22::0055--ccvv--0011110011--PPMMPP--PPAALL DDooccuummeenntt 3387 FFiilleedd 0055//2219//22000077 PPaaggee 66 ooff 1199

C. If (i) no Ten-Day Notice is given by the Company, (ii) thirty days have

2 passed following receipt of the Non-Compliance Notice, and (iii) absent an agreement

3 between the Parties to extend time further, the EEOC may petition the court for
4
resolution of the alleged non-compliant condition(s) seeking all available relief,
5
including, but not limited to extension of the term of this Decree, monetary relief,
6
7 injunctive relief, and appropriate attorney's fees and costs associated with the petition.

8 VIII. MONETARY RELIEF

9

A. In settlement of this action, the Company shall pay a total of $300,000.00

10
(three hundred thousand dollars and zero cents). The distribution of monies to the

11
Charging Parties and to identified and unidentified class members shall be made at the
12
sole discretion of the EEOC. The EEOC shall provide Mandalay Bay with a list of the
13
names, addresses, and social security numbers of all individuals who are to receive
14

money from the settlement.
15

B. In addition to the amounts identified in Section VIlLA above, the Company
16

17 shall make a $10,000.00 (Ten thousand dollars and zero cents) contribution to the Voice

18 Foundation whose mission is to build stronger communities where Company employees

19 live and work.

20

C. The Company shall forward, via certified mail, a check to each of the

21 individuals identified by the EEOC pursuant to Section VIlLA above within ten (10)

22 days of its receipt of the EEOC's list of such individuals; provided, however, that prior

23 to the distribution of settlement funds, the individuals identified by the EEOC shall each

24 complete, as required, a W-9 or other tax forms necessary. The monies shall be
25 designated as non-wage compensation under Title VII and no tax withholding shall be 26 made. The Company shall prepare and distribute 1099 tax reporting forms to each
27
individual identified by the EEOC, and shall make appropriate reports to the Internal
28
Revenue Service and other tax authorities. Within three (3) business days of the

-6-

CCaassee 22::0055--ccvv--0011110011--PPMMPP--PPAALL DDooccuummeenntt 3387 FFiilleedd 0055//2219//22000077 PPaaggee 77 ooff 1199

issuance of each and every settlement check and 1099 forms, the Company shall submit

2 a copy of each check and related correspondence to Anna Y. Park, Regional Attorney for 3 the U.S. Equal Employment Opportunity Commission, 255 East Temple Street, 4th Floor, 4 Los Angeles, California 90012.

5

D. In the event that any portion of the monies paid by the Company is not

6 claimed by the Charging Parties or the class members, the surplus shall be distributed to

7 the Company's Voice Foundation, which distributes monies to worthy charitable causes.

8 The Company agrees to use reasonable efforts to add Lideras Compasinas to the Voice

9 Foundation's list of recipient charities so that should there by any unclaimed amounts
10 paid pursuant to this Decree these amounts may, if reasonably practicable, be allocated
11 to this charity. Upon notice by the EEOC informing the Company of any unclaimed
12
funds, the Company, through its Consultant (defined below), shall work with the EEOC
13
to ensure that such funds are donated to the Voice Foundation for distribution to, if
14
possible, Lideras Compasinas, or other appropriate non-profit agencies.
15
IX. ADDITIONAL RELIEF FOR CHARGING PARTIES
16
A. Charging Party Jinchang Deng
17
The records reflecting Jinchang Deng's termination documentation shall be
18
19 changed to show a "voluntary resignation" and Deng shall be considered by the
20 Company to be available for rehire at any properties owned by the Company.
21 X. EQUAL EMPLOYMENT OPPORTUNITY CONSULTANT

22

Within thirty (30) days after the Effective Date, Mandalay Bay shall retain an

23 Equal Employment Opportunity Consultant ("Consultant") with demonstrated

24 experience in the area of employment discrimination and sexual harassment issues, to

25 assist with Mandalay Bay's compliance with the provisions of this Decree. The 26 Consultant shall be subject to the Commission's approval, which shall not be 27 unreasonably withheld. If the Commission does not approve Mandalay Bay's proposed 28 Consultant, the Commission shall provide Mandalay Bay with a list of at least three

-7-

CCaassee 22::0055--ccvv--0011110011--PPMMPP--PPAALL DDooccuummeenntt 3387 FFiilleedd 0055//2219//22000077 PPaaggee 88 ooff 1199

suggested candidates acceptable to the Commission. Mandalay Bay shall bear all costs

2 associated with the selection and retention of the Consultant and the performance of

3 hislherlits duties. The Consultant's responsibilities shall include:

4

1. Reviewing Mandalay Bay's reporting, investigating, and response

5 procedures relating to complaints of discrimination, harassment, and retaliation for

6 compliance with this Decree;

7

2. Reviewing Mandalay Bay's anti-harassment policy to ensure compliance

8 with this Decree;

9

3. Reviewing the training of employees described in Section XI.E below, for

10 compliance with Title VII and this Decree;

11

4. Reviewing the manner and process through which Mandalay Bay

12
communicates with complainants regarding its complaint procedure, status of complaint
13
investigations, results of investigations, and any remedial action taken for compliance
14
with this Decree;
15
5. Working with Mandalay Bay so as to allow the Company to make accurate
16
and timely reports to the EEOC in compliance with this Decree;
17

6. Reviewing Mandalay Bay's disciplinary policies pertaining to Title VII,
18

19 including procedures for disciplining employees for failing to take appropriate action as

20 well as for engaging in conduct prohibited under Title VII, for compliance with this

21 Decree;

22

7. Reviewing Mandalay Bay's centralized system of tracking discrimination,

23 harassment, and retaliation complaints in compliance with this Decree;

24

8. Monitoring Mandalay Bay's compliance with the terms of this Decree; and

25

9. Preparing a brief annual report on Mandalay Bay's compliance with this

26
Decree. The first report shall be due to the EEOC within 30 days prior to the first
27

28

-8-

CCaassee 22::0055--ccvv--0011110011--PPMMPP--PPAALL DDooccuummeenntt 3387 FFiilleedd 0055//2219//22000077 PPaaggee 99 ooff 1199

anniversary of the Effective Date of this Decree. The second annual report is due to the

2 EEOC 30 days prior to the second anniversary of the Effective Date of this Decree.

3 XI. INJUNCTIVE RELIEF
4
A. Non-Discrimination
5
Mandalay Bay, its officers, agents, management (including all supervisory
6
employees), successors, assigns, and all those in active concert or participation with
7
8 them, or any of them, hereby agree not to: (a) knowingly harass or tolerate harassment 9 against persons on the basis of sex in the terms and conditions of employment; (b)
10 engage in or be a party to any action, policy or practice that is intended or is known to
II them to have the effect of harassing or intimidating any employee on the basis of sex;

12 and (c) create, facilitate or ratify the existence of a work environment that is hostile to

J3 female employees.

14

B. Retaliation

15

Mandalay Bay, its officers, agents, management (including all superViSOry

16 employees), successors, assigns, and all those in active concert or participation with

17 them, or any of them, agree not to engage in, implement, or ratify any action, policy,
18
practice, or procedure that violates with the purpose of retaliating against any current or
19
former employee or applicant because he or she has in the past, or during the term of this
20
Decree: (a) opposed any practice made unlawful under Title VII; (b) filed a charge of
21
discrimination alleging such practice; (c) testified or participated in any manner in any
22
investigation (including without limitation, any internal investigation undertaken by
23
24 Mandalay Bay), proceeding in connection with this case and/or relating to any claim of a
25 Title Vltviolation; (d) was identified as a possible witness or claimant in this action; (e)

26 asserted any rights under this Decree; or (f) sought or received any relief in accordance

27 with this Decree.

28

-9-

CCaassee 22::0055--ccvv--0011110011--PPMMPP--PPAALL DDooccuummeenntt 3387 FFiilleedd 0055//2219//22000077 PPaaggee 1100 ooff 1199

C. Policies and Procedures Concerning Discrimination, Harassment, and

2

Retaliation.

3

Mandalay Bay shall review, implement, reVIse (as necessary), and continue to

4 distribute its policies and practices against discrimination, harassment, and retaliation

5 prohibited by Title VII. Such policies and practices shall continue to include:

6
l. A clear explanation of prohibited conduct;
7

8

2. Assurance that employees who make complaints of harassment

9

and/or discrimination or provide information related to such

10

complaints are protected against retaliation;

11
3. A clearly described complaint procedure that provides the identity of
12
those to whom employees may report such complaints, including
13

14

departmental supervisors, managers, individuals outside the chain of

15

command. The complaint procedure shall encourage the employee to

16
make such complaints to Mandalay Bay's Human Resources
17
Department, but shall also provide employees with the EEOC's
18

19

address, identifying the Commission as the agency with whom

20

employees may also file any complaints;

21

4. An internal telephone number that can be accessed 24 hours a day, in

22
the language the employee is most comfortable communicating, for
23

24

purposes of reporting any complaints of discrimination, harassment,

25

or retaliation.

26

5. Assurance that the reporting and complaint procedures are

27
confidential to the extent reasonably possible;
28

-10-

CCaassee 22::0055--ccvv--0011110011--PPMMPP--PPAALL DDooccuummeenntt 3387 FFiilleedd 0055//2219//22000077 PPaaggee 1111 ooff 1199

6. A complaint process that provides for a prompt, thorough, and

2

impartial investigation;

3

7. A procedure for communicating with the complainant regarding the

4
status of the complaint / investigation, results of the investigation,
5
and any remedial action taken; and
6

7

8. Assurance that Mandalay Bay will take prompt and appropriate

8

corrective action when it determines that harassment, discrimination

9

and/or retaliation has occurred.

10
Within sixty (60) of the Effective Date of the Consent Decree, Mandalay Bay
II

12 shall provide to the EEOC a copy of its existing policy together with its supplemental

13 module regarding retaliation (the "Retaliation Module" or the "Module"). In addition to

14 all other information contained within the Retaliation Module, the Module shall provide
15
the information identified in Section XI.C.3 and 4 above thereby fulfilling Mandalay
16
17 Bay's obligations under this Section XI.C. Within fifteen (15) days of the receipt of
18 Mandalay Bay's Retaliation Module, the EEOC shall comment on the Module. Within

19 fifteen (15) days of receiving any comments from the EEOC regarding revisions to the
20
Retaliation Module, Mandalay Day shall either revise its the Module to conform with the
21
EEOC's comments or contact the EEOC to discuss a mutually agreeable revision to the
22
23 same. The finally agreed upon Retaliation Module is to be sent to the EEOC within 90

24 days of the date upon which agreement to the content of the Retaliation Module IS
25
reached.
26
27
28

- 11-

CCaassee 22::0055--ccvv--0011110011--PPMMPP--PPAALL DDooccuummeenntt 3387 FFiilleedd 0055//2219//22000077 PPaaggee 1122 ooff 1199

D. Distribution of Policies and Procedures Concerning Discrimination,

2

Harassment, and Retaliation.

3

1. Within one hundred and twenty (120) days of the Effective Date,

4 Mandalay Bay shall ensure that it has distributed its Retaliation Module to all Mandalay

5 Bay employees.

6

2. The Company's existing policies and procedures, as well as its

7

Retaliation Module, shall be translated and distributed, as appropriate, in English and
8

9 Spanish, and Chinese. The entirety of the Company's policies and procedures pertaining

10 to harassment, discrimination, and retaliation shall be included in the materials provided

11 to Mandalay Bay's new hires at the time of orientation beginning no later than 90 days

12
after the date upon which the Parties agree to the content of the Retaliation Module.
13

14

3. Mandalay Bay shall develop an acknowledgment fonn for its existing

IS policies and procedures as well as its Retaliation Module that shall infonn employees

16 that the Vice President of Human Resources is available to obtain translation of the
17
policy and procedure in the primary language of the employee if the language is other
18
than those set forth above. The acknowledgement fonns shall also include the
19
20 following statement translated into English, Spanish, Chinese, and the two other most

21 commonly spoken non-English languages, identified in good faith by Mandalay Bay:

22
IT IS YOUR RESPONSIBILITY TO KNOW AND UNDERSTAND TillS
23
POLICY. IF YOU DO NOT READ AND UNDERSTAND THE LANGUAGE
24

25

IN wmCH TillS POLICY IS WRITTEN, CONTACT THE VICE-PRESIDENT

26

OF HUMAN RESOURCES, DEBBIE WOOTAN-WillTE AT 632-7172. SHE

27

WILL PROVIDE YOU WITH A TRANSLATION OF THIS POLICY IN YOUR

28
PRIMARY LANGUAGE.

-12-

CCaassee 22::0055--ccvv--0011110011--PPMMPP--PPAALL DDooccuummeenntt 3387 FFiilleedd 0055//2219//22000077 PPaaggee 1133 ooff 1199

4. Throughout the term of this Decree, Mandalay Bay shall also post the

2 Retaliation Module in English, Spanish, and Chinese in a conspicuous and accessible

3 place to all Food and Beverage employees in legible font that is a minimum of 15 points

4 In SIze.

5

E. Training

6

1. The Commission and Mandalay Bay understand and agree that

7
Mandalay Bay employs in excess of six thousand (6,000) employees. The Mandalay Bay
8
Food and Beverage Department comprises over two thousand, five hundred (2,500) of
9

10 these employees.

II

2. Main Kitchen Employees

12
During the term of this Decree, Mandalay Bay agrees to provide training covering
13
the subjects of equal employment opportunity rights and responsibilities (with an
14
15 emphasis on the Company's Retaliation Module), and Mandalay Bay's reporting and

16 investigative procedures to all Main Kitchen employees. For Main Kitchen supervisory

17 and management level employees, the training shall also emphasize how to properly
18
handle a report discrimination or harassment in a neutral manner, when and how to
19
20 contact Human Resources for assistance, and how to recognize and prevent

21 discrimination, harassment and retaliation.

22

3. New Employees

23
Mandalay Bay shall include in the orientation of new employees a presentation
24
regarding Mandalay Bay's anti-discrimination / harassment / retaliation policy as well as
25

26 an overview of the reporting and investigative procedures.

27

28

-13-

CCaassee 22::0055--ccvv--0011110011--PPMMPP--PPAALL DDooccuummeenntt 3387 FFiilleedd 0055//2219//22000077 PPaaggee 1144 ooff 1199

4. Employees Promoted to or Newly Hired as Managerial or

2

Supervisory Positions

3

For the remainder of the term of this Decree, all new employees hired to

4 managerial positions and all employees recently promoted from a stafflhourly to a

5 managerial position shall receive training covering all topics identified in Section Xl.E.2

6
above. Such training shall occur within ninety (90) days of hire or promotion.

7
5. Training of Human Resources Employees
8
Human Resources shall, during the term of this Decree, receive annual training
9
specific to their obligations, including the handling and investigating of complaints of
10
discrimination and retaliation. This training shall include, but not be limited to, the
II

training set forth in Section Xl.E.2 above.
12

13

6. All training in addition to that which is specifically required by this

14 Decree shall be at the recommendation of the Consultant.

15

7. All employees required to attend such training shall verify their

16 attendance in writing.

)7 XII. RECORDKEEPING AND REPORTING

18

A. Recordkeeping

19
Mandalay Bay shall continue its record-keeping procedure that provides for
20
tracking discrimination complaints and monitoring of such complaints to prevent
21

22 retaliation. More specifically and in addition to this requirement, Mandalay Bay shall

23 maintain the following records:

24
1. All documents generated in connection with any complaint Mandalay
25
Bay reasonably believes may be construed to allege a violation of
26

27

Title VII discrimination, harassment or retaliation, and any

28

-14-

CCaassee 22::0055--ccvv--0011110011--PPMMPP--PPAALL DDooccuummeenntt 3387 FFiilleedd 0055//2219//22000077 PPaaggee 1155 ooff 1199

investigation or resolution of such a complaint for the duration of the

2

Decree;

3

2. All acknowledgments of receipt by employees of Mandalay Bay's

4
revised discrimination and anti-retaliation policy; and
5
3. All documents verifying the trainings and attendance at trainings
6

7

identified in Section XI.E. above.

8

Mandalay Bay shall make the aforementioned records available to the

9
Commission within ten (10) business days following a written request by the
10
Commission to Mandalay Bay.
II

12

B. Reporting

13

Mandalay Bay shall provide the following reports to the Commission:

14

1. Within ninety (90) days after the implementation of its Retaliation

15
Module , Mandalay Bay shall submit to the Commission an initial
16

17

report that contains:

18

a. A copy of the Module as described in Section XI.C above;

19

b. A summary of the procedure and recordkeeping methods for

20
centralized tracking of discrimination complaints and
21
monitoring of such complaints in compliance with Section
22

23

XII.A;

24

c. A statement confirming that the required policies pertaining to

25
this Decree and the Retaliation Module have been posted as
26
identified in Section XI.DA above; and
27

28

-15-

CCaassee 22::0055--ccvv--0011110011--PPMMPP--PPAALL DDooccuummeenntt 3387 FFiilleedd 0055//2219//22000077 PPaaggee 1166 ooff 1199

d. A statement confirming the receipt of acknowledgement forms

2

from all employee indicating receipt of the Retaliation Module

3

in accordance with this Section XII.

4
e. A description of the training to be provided and the materials
5
to be used in the training of its employees.
6

7

2. Mandalay Bay will also provide the following annual reports starting

8

from the Decree's Effective Date. An initial report in compliance

9
with Section XI.C above, and two annual reports specifying its
10
progress and status regarding compliance of all provisions under this
II

12

Decree. The first report shall be due to the EEOC within 30 days

13

prior to the first anniversary of the Effective Date of this Decree.

14

The second annual report is due to the EEOC 30 days prior to the

I1S

second anniversary of the Effective Date of this Decree. Each of the

16

17

annual reports shall include:

18

a. A statement confirming the training of all employees III

19

accordance with Section XI.E;

20
b. Confirmation that the revised policy and complaint procedure
21
have been distributed to all new hires in accordance with
22

23

Section XI.D;

24

c. A brief description of any complaint(s) that the Mandalay Bay

25
reasonably believes may be construed to allege a violation of
26
Title VII discrimination, harassment or retaliation made in the
27

28

prior twelve months made by any member of Mandalay Bay's

-16-

CCaassee 22::0055--ccvv--0011110011--PPMMPP--PPAALL DDooccuummeenntt 3387 FFiilleedd 0055//2219//22000077 PPaaggee 1177 ooff 1199

Food and Beverage Department. The description shall include

2

the names of the individuals alleging a Title VII violation, a

3

summary of the complaint made, the job classification of the

4
alleged perpetrator, the date(s) of the alleged events, and a
5
description of how the complaint was resolved.
6

7 XIII. NOTICES, REPORTS, POLICIES, AND PROCEDURES

8

A. Any and all notices, reports, policies and procedures to be provided under

9

or pursuant to this Decree shall be in writing and shall be mailed and faxed

10
as follows:
II

12

1. If to the Commission: Anna Y. Park, Regional Attorney, United

13

States Equal Employment Opportunity Commission, 255 East

14

Temple Street, 4th Floor, Los Angeles, CA 90012; facsimile number

15
(213) 894-1301;
16

17

2. If to Mandalay Bay: Wendy L. Nutt, General Counsel for Labor and

18

Employment, 3799 S. Las Vegas Blvd. Las Vegas, NY 89109;

19

facsimile number (702) 862-1296, with a copy to William T. Martin,

20
General Counsel, Mandalay Bay Resort and Casino, 3950 Las Vegas
21
Blvd. South, Las Vegas, Nevada 89109; facsimile number (702)
22

23

6741; and to Elayna J. Youchah, Brownstein Hyatt Farber Schreck,

24

300 South Fourth Street, Suite 1200, Las Vegas, Nevada, 89101;

25
facsimile number (702) 382-8135.
26
XIV. ATTORNEY'S FEES AND COSTS
27

28

The Parties agree that each will bear its own attorneys' fees and costs.

-17-

CCaassee 22::0055--ccvv--0011110011--PPMMPP--PPAALL DDooccuummeenntt 3387 FFiilleedd 0055//2219//22000077 PPaaggee 1188 ooff 1199

xv. COSTS OF ADMINISTRATION AND IMPLEMENTATION

2

OF CONSENT DECREE

3

Mandalay Bay shall bear all costs associated with its administration and

4 implementation of its obligations under this Consent Decree.

5
6 XVI. MISCELLANEOUS PROVISONS

7

A. During the term of this Decree, Mandalay Bay shall provide any potential

8 successor in interest with a copy of this Decree within a reasonable time of not less than
9
thirty (30) days prior to the execution of any Decree for the acquisition or assumption of
10
II control over any or all of Mandalay Bay's facilities or operations, and shall

12 simultaneously inform the Commission of the same.

13

B. During the term of this Decree, Mandalay Bay and its successors shall

14
ensure that each of its department executives at the vice president level or above, and all
15

16 Food and Beverage department managers are aware of the terms of this Decree which

17 may be related to hislher job functions and duties.

18

C.

19
Court.
20

The Parties agree to entry into this Decree subject to final approval of the

21

22

23

24

25

26 27

28

-18-

Case 2:05-cv-01101-PMP-PAL Document 38 Filed 05/29/2007 Page 19 of 19

D. The Parties expressly understand and agree that there are neither any

2 express nor implied third party beneficiaries to this Decree and that no person or entity,

3 other than the EEOC, has any right whatsoever to bring an action of any kind, in any

4
forum, seeking either to enforce the terms of this Decree or which seeks relief arising

5
from any alleged violation of this Decree.
6

7 DATED: May iLcs 2007
8

u.s. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

9

Anna Y. Park, Regional Attorney

Connie Liem, Senior Trial Attorney

10 II

-- =>< ~ Derek _...L.i,-~rney

)

12

Anna Y. Park, Regional Attorney

13

Attorneys for Plaintiff

U.S. Equal Employment Opportunity Commission

14

Los Angeles District Office

15

255 East Temple Street, 4th Floor

Los Angeles, CA 90012
16

17

BROWNSTEIN HYATT FARBER SCHRECK

300 South Fourth Street, Suite 1200

18

Las Vegas, NY 89101

19

20
21 DATED: May 14, 2007

22

23
ORDER
24

25

GOOD CAUSE HAVING BEEN SHOWN, IT IS SO ORDERED.

~-1'n.Q--c 26
27 DATED: May _29 , 2007

28

Honorable Phillip M. Pro

UNITED STATES DISTRICT JUDGE

-19-

 
 CM/ECF - nvd - District Version 3.1.2

https://ecf.nvd.uscourts.gov/cgi-bin/DktRpt.pl?471730377902955-L_19...

CLOSED, ENE
United States District Court District of Nevada (Las Vegas) CIVIL DOCKET FOR CASE #: 2:05-cv-01101-PMP-PAL

U.S. EEOC v. MGM Mirage, Inc. Assigned to: Judge Philip M. Pro Referred to: Magistrate Judge Peggy A. Leen
Magistrate Judge George W Foley, Jr (Settlement) Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/09/2005 Date Terminated: 05/29/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Anna Park U.S. Equal Employment Opportunity Commission 255 East Temple Street 4th Floor Los Angeles, CA 90012213-894-1083 Email: anna.park@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Connie Liem U.S. Equal Employment Opportunity Commission Legal Unit 401 B St., Suite 510 San Diego, CA 92101 619 557-7282 Fax: 619 557-7274 Email: connie.liem@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Derek W. Li Equal Employment Opportunity Commission 255 East Temple Street 4th Floor Los Angeles, CA 90012 213-894-1077 Fax: 213-894-1301 Email: DEREK.LI@EEOC.GOV LEAD ATTORNEY

1 of 6

3/4/2008 5:00 PM

CM/ECF - nvd - District Version 3.1.2

https://ecf.nvd.uscourts.gov/cgi-bin/DktRpt.pl?471730377902955-L_19...

V. Defendant MGM Mirage, Inc.
Defendant Mandalay Bay Resort Group agent of Mandalay Bay Resort & Casino Defendant Mandalay Corporation

ATTORNEY TO BE NOTICED
represented by Elayna J Youchah Brownstein Hyatt Farber Schreck, LLP 300 S. Fourth St Suite 1200 Las Vegas, NV 89101(702) 382-2101 Fax: (702) 382-8135 Email: eyouchah@bhfs.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Elayna J Youchah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Elayna J Youchah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/09/2005 09/09/2005 09/09/2005 10/25/2005
11/18/2005
12/05/2005
12/15/2005

# Docket Text
1 COMPLAINT w/JD obo P. (Entered: 09/16/2005)
SUMMONS ISSUED to P (1) (Entered: 09/16/2005)
2 CERTIFICATE OF INTERESTED PARTIES obo P. (Entered: 09/16/2005)
3 WAIVER OF SERVICE EXECUTED re D MGM Mirage, Inc. on 10/5/05 (Entered: 10/28/2005)
4 MOTION to Dismiss by Defendant MGM Mirage, Inc.. Responses due by 12/6/2005. (Attachments: # 1 Main Document part 2 of 2)(MMM, ) (Entered: 12/07/2005)
5 RESPONSE to 4 MOTION to Dismiss; Replies due by 12/19/2005. (Attachments: # 1 # 2)(RFJ) (Entered: 12/08/2005)
6 MINUTE ORDER IN CHAMBERS of the Honorable Philip M. Pro, U.S. District Judge on 12/15/2005 by Deputy Clerk: Donna Andrews. Motion Hearing set for 12/16/2005 at 09:00 AM in LV Courtroom 7C before Chief Judge Philip M. Pro on Defendant's Emergency Motion to Extend the Due Date for Defendant's Reply

2 of 6

3/4/2008 5:00 PM

CM/ECF - nvd - District Version 3.1.2

https://ecf.nvd.uscourts.gov/cgi-bin/DktRpt.pl?471730377902955-L_19...

12/15/2005 12/15/2005 12/16/2005
12/16/2005 12/23/2005 12/28/2005 01/04/2006 01/09/2006
01/10/2006 01/18/2006 01/25/2006

in Support of Motion to Dismiss; Motion for Attorney's Fees.(no image attached) (DMA) (Entered: 12/15/2005)
7 EMERGENCY MOTION for Extension of Time by Defendant MGM Mirage, Inc.. (AXM, ) (Entered: 12/15/2005)
9 CERTIFICATE OF SERVICE by Defendant MGM Mirage, Inc. re 7 MOTION for Extension of Time. (MJZ ) (Entered: 12/21/2005)
8 MINUTES OF PROCEEDINGS - Motion Hearing held on 12/16/2005 before Judge Philip M. Pro. Crtrm Administrator: Donna Andrews; Pla Counsel: Anna Y. Park, Connie Liem (Present Telephonically); Def Counsel: Elayna J. Youchah, Michael Infuso; Court Reporter/FTR #: Erin Smith; Time of Hearing: 9:00 a.m. 9:10 a.m.. RE: 7 EMERGENCY MOTION to Extend the Due Date for Defendant's Reply in Support of Motion to Dismiss; Motion for Attorney's Fees filed by MGM Mirage, Inc. IT IS ORDERED Defendant's Emergency Motion is granted. Defendant's Reply brief due by 12/28/2005. IT IS FURTHER ORDERED Defendant's Motion for Attorney's Fees is denied. The Court reserves ruling on whether a Sur-Reply can be filed pending the filing of an appropriate motion for such relief. (no image attached) (DMA) (Entered: 12/16/2005)
10 RESPONSE to 7 MOTION for Extension of Time; filed by Plaintiff Equal Employment Opportunity Commission. (MJZ ) (Entered: 12/21/2005)
11 AMENDED COMPLAINT with Jury Demand against Mandalay Bay Resort Group, Mandalay Corporation, MGM Mirage, Inc., filed by Equal Employment Opportunity Commission. Certificate of Interested Parties due by 1/2/2006.(MAJ, ) (Entered: 12/29/2005)
12 REPLY to Response to 4 MOTION to Dismiss; filed by Defendants MGM Mirage, Inc., Mandalay Bay Resort Group, Mandalay Corporation. (RFJ) (Entered: 12/30/2005)
13 ORDER Setting Hearing on 4 MOTION to Dismiss filed by Defendant MGM Mirage, Inc.: Motion Hearing set for 1/25/2006 at 03:30 PM in LV Courtroom 7C before Chief Judge Philip M. Pro. Signed by Judge Philip M. Pro on 1/4/06. (DMA) (Entered: 01/04/2006)
14 ORDER for Certificate of Interested Parties. IT IS ORDERED that counsel for defendant shall have a period of 10 calendar days from the filing date of this order within which to fully comply with the provisions of Local Rule 10-6. Certificate of Interested Parties due by 1/19/2006. Signed by Judge Peggy A. Leen on 1/4/06. (AXM, ) (Entered: 01/09/2006)
15 CERTIFICATE of Interested Parties by Defendants MGM Mirage, Inc., Mandalay Bay Resort Group, Mandalay Corporation. (Infuso, Michael) (Entered: 01/10/2006)
16 ORDER Resetting Hearing on 4 MOTION to Dismiss: Motion Hearing reset for 1/25/2006 at 10:00 AM in LV Courtroom 7C before Chief Judge Philip M. Pro. Signed by Judge Philip M. Pro on 1/18/2006. (DMA) (Entered: 01/18/2006)
17 MINUTES OF PROCEEDINGS - Motion Hearing held on 1/25/2006 before Judge Philip M. Pro. Crtrm Administrator: Donna Andrews; Pla Counsel: Connie

3 of 6

3/4/2008 5:00 PM

CM/ECF - nvd - District Version 3.1.2

https://ecf.nvd.uscourts.gov/cgi-bin/DktRpt.pl?471730377902955-L_19...

02/07/2006 02/14/2006 02/24/2006 03/01/2006
03/03/2006
03/07/2006 03/15/2006 03/21/2006 04/12/2006 04/13/2006

Liem; Def Counsel: Elayna J. Youchah, Michael V. Infuso, Wendy Nutt; Court Reporter/FTR #: Erin Smith; Time of Hearing: 9:55 a.m.. RE: 4 MOTION to Dismiss filed by MGM Mirage, Inc. The Court hears the arguments of Ms. Youchah and Ms. Liem. IT IS ORDERED Defendant's Motion to Dismiss (#4) is DENIED. (no image attached) (DMA) (Entered: 01/25/2006)
18 ANSWER to [] Complaint First Amended by Defendants MGM Mirage, Inc., Mandalay Bay Resort Group, Mandalay Corporation. Certificate of Interested Parties due by 2/17/2006. Discovery Plan due by 3/24/2006.(Youchah, Elayna) (Entered: 02/07/2006)
19 VACATED by ORDER #21 CASE REFERRED to Early Neutral Evaluation Program. Magistrate Judge Peggy A. Leen will be the evaluating judge in this case. (MXS) Modified on 4/4/2006 (GEW). (Entered: 02/14/2006)
20 ORDER Scheduling Early Neutral Evaluation Session. Early Neutral Evaluation set for 4/21/2006 09:00 AM before Magistrate Judge George W Foley Jr.. Signed by Judge George W Foley Jr. on 2/24/06. (MJZ) (Entered: 02/28/2006)
21 MINUTE ORDER IN CHAMBERS of the Honorable Robert J. Johnston, U.S. Magistrate Judge on 3/1/2006. IT IS THE ORDER OF THE COURT that the Court's Order (#19) having been inadvertently entered in this case, is hereby VACATED. By Deputy Clerk: MXS. (no image attached) (MXS) (Entered: 03/01/2006)
22 MINUTE ORDER IN CHAMBERS of the Honorable George W Foley Jr., U.S. Magistrate Judge on 3/3/2006. By Judicial Assistant: Julia Hill. The Early Neutral Evaluation set for April 21, 2006 is hereby VACATED and RESCHEDULED for WEDNESDAY, May 17, 2006, at 9:00 AM before Magistrate Judge George W Foley Jr. The confidential evaluation statements shall be provided to chambers Room 3099 - not later than 4:00 p.m. on May 10, 2006. DO NOT SERVE A COPY ON OPPOSING COUNSEL. DO NOT DELIVER OR MAIL COPIES TO THE CLERK'S OFFICE. (no image attached) (JXH) (Entered: 03/03/2006)
23 TRANSCRIPT of Proceedings: 17 Motion Hearing, held on 1/25/06 before Judge Philp M. Pro. Court Recorder: Erin Smith. (EDS) (Entered: 03/08/2006)
24 PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff Equal Employment Opportunity Commission Joint Report/Discovery Plan and [Proposed] Scheduling Order. (Liem, Connie) (Entered: 03/15/2006)
25 SCHEDULING ORDER. Pretrial order due 3/30/07. Discovery due by 12/29/2006. Motions due by 2/7/2007. Signed by Judge Peggy A. Leen on 3/20/06. (AXM, ) (Entered: 03/21/2006)
26 Third Party MOTION for Leave to Appear U.S. Government Attorney. Attorney: Derek Li. by Plaintiff Equal Employment Opportunity Commission. (Park, Anna) (Entered: 04/12/2006)
27 ORDER granting 26 Motion for Leave to Appear for Attorney Derek Li for Equal Employment Opportunity Commission. Signed by Judge Philip M. Pro on 4/12/06. (AXM, ) (Entered: 04/13/2006)

4 of 6

3/4/2008 5:00 PM

CM/ECF - nvd - District Version 3.1.2

https://ecf.nvd.uscourts.gov/cgi-bin/DktRpt.pl?471730377902955-L_19...

05/03/2006
05/26/2006 06/09/2006
11/01/2006 12/22/2006 01/04/2007 04/23/2007 04/24/2007 05/07/2007 05/21/2007 05/29/2007

28 MINUTE ORDER IN CHAMBERS of the Honorable George W Foley Jr., U.S. Magistrate Judge on 5/3/2006. By Judicial Assistant: Julia Hill. Due to a conflict with the Court's calendar, the early neutral evaluation session currently set for May 17, 2006 has been RESCHEDULED for TUESDAY, May 23, 2006, at 9:00 a.m. The written evaluation statements shall be submitted directly to my chambers - Room 3099 - no later than 4:00 p.m. on May 16, 2006. DO NOT DELIVER OR MAIL THEM TO THE CLERK'S OFFICE. DO NOT SERVE A COPY ON OPPOSING COUNSEL. (no image attached) (JXH) (Entered: 05/03/2006)
29 MINUTES OF PROCEEDINGS - Early Neutral Evaluation Conference held on 5/26/2006 before Judge George W Foley Jr..Time of Hearing: 9:00am. Status Conference set for 6/9/2006 02:00 PM before Magistrate Judge George W Foley Jr..No settlement reached, negotiations continue. (AXM) (Entered: 05/26/2006)
30 MINUTE ORDER IN CHAMBERS of the Honorable George W Foley Jr., U.S. Magistrate Judge on 6/9/2006. By Judicial Assistant: Julia Hill. Counsel for the parties appeared for a telephonic status conference on June 9, 2006 and advised the court this matter has not settled. The parties stated that they will continue to negotiate and will contact the court if they feel a continuation of the ENE session will advance the goal of settlement. Accordingly, the court finds this case should be returned to the normal litigation track.(no image attached) (JXH) (Entered: 06/09/2006)
31 STATUS REPORT Joint Interim Status Report by Defendants MGM Mirage, Inc., Mandalay Bay Resort Group, Mandalay Corporation. (Infuso, Michael) (Entered: 11/01/2006)
32 STATUS REPORT Status Report by Defendants MGM Mirage, Inc., Mandalay Bay Resort Group, Mandalay Corporation. (Youchah, Elayna) (Entered: 12/22/2006)
33 NOTICE by Defendants MGM Mirage, Inc., Mandalay Bay Resort Group, Mandalay Corporation NOTICE OF CHANGE OF FIRM NAME (Youchah, Elayna) (Entered: 01/04/2007)
34 ORDER. Proposed Joint Pretrial Order due by 5/2/2007. Signed by Judge Peggy A. Leen on 4/18/07. (AXM) (Entered: 04/23/2007)
35 STATUS REPORT JOINT STATUS REPORT RE: SETTLEMENT AND REQUEST TO SUSPEND THE DUE DATE FOR THE JOINT PRETRIAL CONFERENCE ORDER by Plaintiff Equal Employment Opportunity Commission. (Li, Derek) (Entered: 04/24/2007)
36 ORDER granting 35 Status Report request to SUSPEND THE DUE DATE FOR THE JOINT PRETRIAL CONFERENCE ORDER Signed by Judge Peggy A. Leen on 4/26/07. (AXM) (Entered: 05/07/2007)
37 STIPULATED/CONSENT JUDGMENT [PROPOSED] CONSENT DECREE AND NOTICE OF SETTLEMENT by Plaintiff Equal Employment Opportunity Commission. (Park, Anna) (Entered: 05/21/2007)
38 CONSENT DECREE and SETTLEMENT. Signed by Judge Philip M. Pro on 5/29/07. (AXM) (Entered: 05/29/2007)

5 of 6

3/4/2008 5:00 PM

CM/ECF - nvd - District Version 3.1.2

https://ecf.nvd.uscourts.gov/cgi-bin/DktRpt.pl?471730377902955-L_19...

PACER Service Center

Transaction Receipt

PACER Login:
Description:
Billable Pages:

03/04/2008 15:00:45

wu0079 Client Code: eeoc

Docket Report

Search Criteria:

2:05-cv-01101-PMP-PAL

4

Cost:

0.32

6 of 6

3/4/2008 5:00 PM

 
 EEOC Sues Mandalay Bay Resort & Casino for Sexual Harassment and Retaliation

Page 1 of 2

The U.S. Equal Employment Opportunity Commission
FOR IMMEDIATE RELEASE September 13, 2005

CONTACT: TTY:

A. Luis Lucero, Acting Regional (213) 894-1083
Connie Liem Senior Trial Att (619) 557-7284 (213) 894-1121

EEOC SUES MANDALAY BAY RESORT & CASINO FOR SEXUAL HARASSMENT AND
RETALIATION
Second Recent Suit by Federal Agency for Employment Bias on Las Vegas Strip
LAS VEGAS – A female employee of Mandalay Bay Resort & Casino on the Las Vegas Strip was subjected to physical and verbal sexual harassment and her co-workers were severely retaliated against for opposing the unlawful conduct, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today in federal court. The charging parties were all Chinese kitchen workers who were discriminated against by a male supervisor.
The litigation is the second recent lawsuit by EEOC against a major Las Vegas Strip resort/casino over the past six months. In April, the EEOC sued Caesars Palace for sexual harassment and retaliation against a class of Hispanic kitchen workers.
The sexual harassment alleged against Mandalay Bay consisted of unwanted touching, intimidation, and leering, according to the EEOC. In its court-filed complaint, the EEOC alleges that since March 2003, the workers who complained of the sexual harassment were themselves victimized by egregious retaliatory harassment, including, but not limited to, verbal threats, physical assaults, vandalism of personal property, unwarranted discipline, reduced work hours, and termination. Such conduct violates Title VII of the 1964 Civil Rights Act, which prohibits employment discrimination based on race, color, religion, sex (including sexual harassment or pregnancy) and national origin. Title VII also protects from retaliation against employees who complain about such discrimination. The EEOC’s suit, (EEOC v. MGM Mirage, Inc., d/b/a Mandalay Bay Resort & Casino, Case No. CV-S-05-1101-PMP-(PAL) was filed in U.S. District Court for the District of Nevada after the agency first attempted to reach a voluntary pre-litigation settlement through its conciliation process.
Acting Regional Attorney A. Luis Lucero, Jr., of the EEOC’s Los Angeles District Office, said of the case, "The sexually harassing and retaliatory behavior exhibited here was egregious. When the harassment victim’s coworkers, who were Chinese kitchen workers, came to her aid, their supervisor openly threatened them with physical harm and termination and called them offensive names."
Olophius Perry, District Director of the EEOC’s Los Angeles District Office, added, "The retaliation alleged here was clearly intended to deter the workers from exercising their civil rights. Retaliation raises large red flags for us because it often does operate as a deterrent, and many acts of discrimination don’t see the light of day because people are too afraid to come forward. These workers were brave to come forward. Hopefully, their example will help other workers out there realize there is

http://www.eeoc.gov/press/9-13-05.html

5/15/2007

EEOC Sues Mandalay Bay Resort & Casino for Sexual Harassment and Retaliation

Page 2 of 2

a remedy if they are retaliated against for complaining of discrimination."
During April 2005, Mandalay Bay finalized a merger with MGM Mirage, Inc., to form one of the top three casino gaming companies in the world. As a result of the merger, the newly formed company, MGM Mirage, Inc. (“MGM Mirage”), now earns approximately $7 billion in revenue and has upwards of 70,000 employees. In addition to Mandalay Bay, MGM Mirage operates and owns 24 hotel-casinos, including the world famous Bellagio, MGM Grand, Treasure Island, Monte Carlo, Luxor, and Excalibur in Las Vegas.
In addition to enforcing Title VII, the EEOC enforces the Age Discrimination in Employment Act of 1967 (ADEA), which protects workers age 40 and older from discrimination based on age; the Equal Pay Act of 1963, which prohibits gender-based wage discrimination; the Rehabilitation Act of 1973, which prohibits employment discrimination against people with disabilities in the federal sector; Title I of the Americans with Disabilities Act of 1990 (ADA), which prohibits employment discrimination against people with disabilities in the private sector and state and local governments; and sections of the Civil Rights Act of 1991. Further information about the Commission is available on the agency’s web site at www.eeoc.gov, or by calling (800) 669-4000.
This page was last modified on September 13, 2005.
Return to Home Page

http://www.eeoc.gov/press/9-13-05.html

5/15/2007