FILED

If\: THE UNITED ST ATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS

FEB 272002

AUSTIN DIVISION

CLERK, U.S. DISTRICT COURT B~ESTERN DIST~ OF TEXAS

EQUAL EMPLOYMENT OPPORTUNITY

§

COMMISSION,

§

Plaintiff,

§

DEPUTY CLERK

§ Civil Action No.

v.

§

§

ENTERPRISE RENT-A-CAR COMPANY OF §

TEXAS,

§

_______________D_e_D_en_d_a_n_t____________~

COMPLAINT
JURY TRIAL DEMAND
02 CA

NATURE OF ACTION

This is an action under the Age Discrimination in Employment Act, to correct unlawful

employment practices on the basis of age, and to provide appropriate relief to a class of individuals

40 years of age and older who qualified but were not hired for Management Trainee positions. This

complaint alleges that Enterprise Rent-A-Car Company of Texas failed to and continues to fail to

employ protected age group members for those positions at its Austin area rental facilities.

JURISDICTION AND VENUE

l. Jurisdiction of this Court is invoked pursuant to 28 U.S.c. §§451, 1331, 1337, 1343

and 1345. This action is authorized and instituted pursuant to Section 7(b) of the Age

Discrimination in Employment Act of 1967. as amended. 29 U.S.c. §626(b) (the "ADEA"), which

incorporates by reference Sections 16(c) and 17 of the Fair Labor Standards Act of 1938 (the

"FLSA"), as amended, 29 US.c. §§216(c) and 217.

2. The employment practices alleged to be unlawful were and are now being committed

withlll the jurisdiction of the United States District COLIn for the Westem District of Texas, Austin

DiviSIOn.

PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of the ADEA, and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.s.c. ~626(b), as amended by Section 2 of ReorganizatIOn Plan No.1 of 1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 4. At all relevant times, Defendant, Enterprise Rent-A-Car Company 0 fTexas ("Rent-ACar"), has continuously been a Texas corporation doing business in the State of Texas and the City of Austin, and has continuously had at least 20 employees. 5. At all relevant times, Defendant Rent-A-Car has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections Il(b), (g) and (h) of the ADEA, 29 U.S.c. §§630(b), (g) and (h).
CONCILIATION 6. Prior to institution of this lawsuit, the Commission's representative attempted to eliminate the unlawful employment practIces alleged below and to effect voluntary compliance with the ADEA through infonllal methods ofconciliation, conference, and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S ,C. § 626(b).
STATEMENT OF CLAIMS 7. Since at least January of 1997 and continuing thereafter, Defendant Rent-A-Car has engaged in unlawful employment practices at its Austin, Texas area locations in violation of §623(a)ofthe ADEA, 29 U.S.C. § 623(a). Such practices include Defendant Rent-A-Car's failure to employ protected age group members as Management Trainees at its Austin area rental facilities. 8. The effect of the practices complained of in paragraph seven above has been to
2

deprive individuals falling within the protected age group of equal employment opp0l1unities and to otherwise adversely affect their status as employees because of their age.
9. The unlawful employment practices complained of in paragraph seven above were and are willful within the meaning of Section 7(b) of the ADEA, 29 U.s.c. ~ 626(b).
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Rent-A-Car, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in discriminatory hiring practices, from compelling its employees to participate in those practices, and from any other employment practice which discriminates on the basis of age against individuals 40 years and older; B. Order Defendant Rent-A-Car to institute and carry out policies, practices, and programs which provide equal employment oppol1unities for individuals 40 years of age and older, and which eradicate the effects of its past and present unlawful employment practices; C. Order Defendant Rent-A-Car to make whole all protected age group individuals who were adversely affected by the unlawful practices described above, by providing appropriate back pay, and equal sums as liquidated damages to those protected age group individuals adversely affected by the unlawful practices described above. If the trier of fact should find that the unlawful employment practices complained of were not willful within the meaning of the ADEA, then the Commission respectfully requests that the Court grant awards of prejudgment interest on the back pay awards; D. Order Defendant RCllt-A-Car to make \vhole all protected age group individuals who were adversely affected by the unlawful practices described above, by providing the affirmative
3

reliefnecessary to eradicate the effects ofits unlawful practices, including but not limited to rightfulplace instatement or front pay in lieu thereof;
E. Grant such further relief as the Court deems necessary and proper in the public interest; and
F. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint. Respectfully submitted, GWENDOL YN YOUNG REAMS Associate General Counsel
pervisory Trial Attorney exas State Bar No. 19708300
~~ EDWARD JUAR Trial Attorney Texas State Bar No. 24014498 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Antonio DIstrict Office 5410 Fredericksburg Rd., Ste. 200 San Antonio, Texas 78229-3555 Telephone: (210) 281-7613 Telecoplcr: (210) 281-7669 ATTORNEYS FOR PLAINTIFF 4

 
 -
,'RECEIVED

APR. - /::1 ",'

l'

, ;.) ... 1

CLERK. U.S. WESTERN [)I

1R!Cl C,)URT
" I VI" I ..... , .. .,;

BY -----1--.,.
[)(Pu I Y CL::,;i'\

F " '. ~
IN THE UNITED STATES DISTRICT COURT .., FOR THE WESTERN DISTRICT OF TE~S~ ~',.~ - l
AUSTIN DIVISION

r"', r> :.IS
\"

EQUAL EMPLOYMENT OPPORTUNITY

§

COMMISSION,

§

Plaintiff,

§

§

v,

§

§

ENTERPRISE RENT-A-CAR COMPANY OF §

TEXAS,

§

Defendant.

§

§

Civil Action No. A02CA134SS

CONSENT DECREE

A. The parties to this Consent Decree are the Plaintiff, United States Equal Employment

Opportunity Commission ("EEOC"), and Defendant, Enterprise Rent-A-Car Company of Texas

("Enterprise"). This lawsuit was initiated by the EEOC on February 27, 2002, under the Age

Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §626(b) (the "ADEA").

B. The EEOC and Enterprise desire to settle this action, without the necessity offurther

litigation, pursuant to the terms delineated in this Consent Decree. Neither Enterprise's consent to

the entry of this Consent Decree, nor any of the terms set forth herein, shall constitute or be

construed as Enterprise's admission of any violation of or liability under the ADEA.

C. As used herein, records and/or documents shall mean and include all correspondence,

computer records, memoranda, reports, notes, lists, letters, applications, resumes, advertisements and

brochures that pertain to and are used by Enterprise to recruit, interview, screen, select, and/or hire

individuals to fill Management Trainee positions in the Austin Metropolitan Area during the term

of this Consent Decree. (See Exhibit "1" to this Consent Decree for a description of the "Austin

Metropolitan Area").

\'6

IT IS ORDERED, ADJUDGED AND DECREED as follows: 1. This Court has jurisdiction of the subject matter of this action and the parties
acknowledge that venue is proper. 2. This Consent Decree resolves all issues raised by the EEOC in the present lawsuit
with regard to Enterprise's recruiting, screening, interviewing, rejecting, selecting and/or hiring individuals for Management Trainee positions between January 1, 1997, and the expiration date of this Consent Decree. Exhibit "2" is an agreed list of known age-protected individuals who (i) applied and were considered for a Management Trainee position between January 1, 1997 and December 31, 2002, and (ii) have responded to written notice regarding this Consent Decree, (iii) have confirmed their age-protected status at the time of their application for employment with Enterprise, and (iv) have confirmed their desire to participate in the settlement of this action.
3. Nothing contained in this Consent Decree will prohibit the EEOC from accepting and/or processing charges of age discrimination filed by or on behalf ofpersons, age 40 and older (hereinafter "age-protected individuals"), who apply and are not selected for a Management Trainee position at any of Enterprise's offices located in the Austin Metropolitan Area after entry of this Consent Decree, provided, however, that the EEOC shall not file any legal action regarding any charges of age discrimination against Enterprise relating to Enterprise's recruiting, screening, interviewing, selecting, rejecting and/or hiring individuals for Management Trainee positions in the Austin Metropolitan Area through the expiration ofthis Consent Decree except by the enforcement provisions ofparagraph 14 this Consent Decree. Nothing contained in this paragraph shall prohibit the EEOC from applying to the Court for enforcement of any provision of this Consent Decree (in accordance with paragraph 14 below) which the EEOC believes has been violated by Enterprise.

Consen t Decree

Page 2

4. The duration ofthis Consent Decree shall be four years from the date ofentry by the

Court. This Court shall retain jurisdiction ofthis action during the period of this Consent Decree

and for one hundred thirty-five (135) days after Enterprise submits to the EEOC the final Audit

Report required under Paragraph 13, provided, however, that ifthe EEOC timely files with the Court

a petition for enforcement of this Consent Decree under paragraph 14 hereof which asserts that

Enterprise has violated this Consent Decree in the fourth year hereof, then the Court shall retain

jurisdiction ofthis action until such petition for enforcement is resolved by the parties or ruled upon

by the Court.

5. During the term of this Consent Decree, Enterprise shall be enjoined at any of its

offices in the Austin Metropolitan Area from engaging in age discrimination with regard to

recruiting, interviewing, selecting, rejecting, and/or hiring individuals to fill Management Trainee

positions in the Austin Metropolitan Area. This injunction shall not apply to any other personnel-

related actions subsequent to hiring taken by Enterprise with respect to any employee ofEnterprise.

6. Enterprise shall post the notice set forth in Exhibit "3" ("Notice") to this Consent

Decree regarding its polices, practices, and intent to comply with the ADEA in the location where

Enterprise customarily posts employee notices at each branch office and administrative office in the

Austin Metropolitan Area. The Notice shall be posted within 10 business days of the entry of this

Consent Decree, and shall remain posted for the duration ofthis Consent Decree.

7. During the term of this Consent Decree, Enterprise shall continue to maintain the

following statement in its written "Employee Referral Program" policy:

Enterprise is committed to maintaining an employee referral program that does not discriminate on the basis ofage or any other unlawful factor. Employees who make a referral must comply with Enterprise's EEO policy which expressly prohibits discrimination on the basis of age, race, color, creed/religion, sex, national origin,

Consent Decree

Page 3

disability or any other protected category. Enterprise encourages employees to make referrals on the basis of merit without regard to age or any other unlawful factor.
During the term of this Consent Decree, Enterprise shall continue its practice of

notifying all newly hired employees of its Employee Referral Program by providing them with a

copy of the Employee Referral Program policy with their new hire packet.

8. Within 90 days ofthe entry ofthis Consent Decree, labor and employment attomey(s)

ofBracewell & Patterson, L.L.P. ("Enterprise's legal counsel") shall provide three (3) hours ofEqual

Employment Opportunity training to Enterprise's Human Resources and Recruiting Managers,

Branch Managers, Area Managers, Group Rental Managers, and other management employees

(hereinafter, collectively, the "Management Employees") who are directly involved in the recruiting,

screening, interviewing, selecting, rejecting and/or hiring of individuals for Management Trainee

positions in the Austin Metropolitan Area (hereinafter the "Training"). The Training will include

information regarding the ADEA's prohibitions against discrimination on the basis of age and

reaffirm Enterprise's commitment to non-discriminatory hiring for the Management Trainee position

in the Austin Metropolitan Area. Enterprise's legal counsel will conduct similar Training during

each year ofthis Consent Decree for the Management Employees ofDefendant (i) hired, transferred

or promoted during the preceding 12-months into positions directly responsible for the screening,

interviewing, selecting, rejecting and/or hiring of individuals for Management Trainee positions in

the Austin Metropolitan Area, and (ii) who have not received the Training during the term of this

Consent Decree. Within 10 days after the initial and each annual Training program, Enterprise shall

provide the EEOC with written confirmation that the Training has been completed and a copy ofthe

Training syllabus and materials. Enterprise shall maintain a list of individuals, identified by name

and title/position, who attended each Training program and the date of their attendance. The

Consent Decree

Page 4

attendance records will be available for inspection by the EEOC for 30 days after it receives confinnation of each Training program.
9. During the tenn of this Consent Decree, Enterprise shall provide the EEOC with written notice in the event that it revises its non-discriminatory selection criteria ("Criteria") for offers of first in-person interviews for the Management Trainee position in the Austin Metropolitan Area within 10 days after implementation of any such revision by Enterprise.
10. During the tenn ofthis Consent Decree, Enterprise will retain electronic and/or paper copies of all applications received from individuals applying for the Management Trainee position in the Austin Metropolitan Area.
11. During the tenn of this Consent Decree, Enterprise will continue its practice of providing each applicant selected for an interview for the Management Trainee position in the Austin Metropolitan Area with a written summary of the job duties, compensation, benefits and hours expectations of the position during the first in-person interview with Enterprise.
12. During the tenn of this Consent Decree, Enterprise will continue its practice of confinning in writing the employment offer extended to each candidate selected to fill a Management Trainee position in the Austin Metropolitan Area.
13. (A) Within 60 days after each annual anniversary date ofthe entry ofthis Consent Decree, Enterprise shall conduct an annual audit of the previous 12-month period (''the Audit Period") and submit a written report (the "Audit Report") to the EEOC stating the total number of age-protected and non-age protected individuals who, during the Audit Period, (i) were interviewed for Management Trainee positions in the Austin Metropolitan Area; (ii) were hired for Management Trainee positions in the Austin Metropolitan Area; (iii) were offered Management Trainee positions

Consent Decree

Page 5

in the Austin Metropolitan Area but declined/rejected the employment offer; (iv) voluntarily withdrew from consideration for a Management Trainee position in the Austin Metropolitan Area and the reason(s) for the withdrawal, if known by Enterprise; and (v) were unresponsive to Enterprise's attempts to conduct in-person interviews for Management Trainee positions in the Austin Metropolitan Area. The Audit Report shall also state: (i) the percentages of Management Trainees hired in the Austin Metropolitan Area who are within and outside of the protected age group under the ADEA; and (ii) the total applicant flow experienced by Enterprise for the Management Trainee position in the Austin Metropolitan Area; and (iii) the percentages of such applicants who are within and outside ofthe protected age group, to the extent known by Enterprise. Each Audit Report shall also confirm whether the Notice has remained posted during the Audit Period.
(B) Enterprise will request voluntary disclosure ofage/date ofbirth data from applicants for the Management Trainee in the Austin Metropolitan Area for the limited purpose of assembling data and submitting the Audit Report to the EEOC as provided herein. The parties agree that Enterprise's submission ofincomplete age/date ofbirth data to the EEOC in any Audit Report, due to withholding of such data by any applicant for the Management Trainee position in the Austin Metropolitan Area, shall not constitute a violation of this Consent Decree.
(C) The EEOC shall have 45 days from receipt of each Audit Report in which to inspect the records and documents reviewed or relied upon by Enterprise in compiling the Audit Report. Any such request for inspection by the EEOC shall be directed in writing to Enterprise's legal counsel.
14. lithe EEOC has a reasonable beliefthat Enterprise has violated any provision ofthis

Consent Decree

Page 6

Consent Decree during the term hereof, the parties shall follow the notification, resolution and enforcement procedures set forth below:
(A) If, after reviewing any annual Audit Report and Enterprise's records and documents regarding the recruiting, screening, interviewing, selecting, rejecting and/or hiring process for the Management Trainee position during the Audit Period, the EEOC believes that Enterprise has violated any provision(s) ofthis Consent Decree during the Audit Period, it shall notify Enterprise's legal counsel in writing of the alleged violation (the "Post-Audit Notification"). The Post-Audit Notification must be delivered to Enterprise's legal counsel within 90 days from the EEOC's receipt ofthe Audit Report. The Post-Audit Notification shall state the paragraph(s) and provision(s) ofthis Consent Decree alleged to be violated and a statement ofthe facts and circumstances relied upon as the basis for the EEOC's claim of violation. Enterprise will have 30 days from receipt of the Post-Audit Notification to respond to the EEOC in writing regarding the alleged violation. If the parties cannot reach agreement regarding the alleged violation, the EEOC may apply to the Court for enforcement of the provision(s) of this Consent Decree alleged to have been violated by Enterprise.
(B) If the EEOC believes that Enterprise has violated anyprovision(s) of this Consent Decree during the term hereof (apart from any Post-Audit Violation under paragraph 14(A) above), it shall notify Enterprise's legal counsel in writing of the alleged violation (the "Violation Notification"). The Violation Notification must be delivered to Enterprise's legal counsel within 90 days after the EEOC becomes aware (by the filing of charges, submission of any written materials or verbal complaints to the EEOC, or the EEOC's investigation) of a potential violation of this Consent Decree. The Violation Notification shall state the paragraph(s) and provision(s) of this

Consen t Decree

Page 7

l I

-

Consent Decree alleged to be violated and a statement ofthe facts and circumstances relied upon as the basis for the EEOC's claim of violation. Enterprise will have 30 days from receipt of the Violation Notification to respond to the EEOC in writing regarding the alleged violation. If the parties cannot reach agreement regarding the alleged violation, the EEOC may apply to the Court for enforcement of the provision(s) of this Consent Decree alleged to have been violated by Enterprise and appropriate relief pursuant to the ADEA.
15. Enterprise shall pay the amount of money stated for each individual identified on Exhibit "2" who signs a waiver oftheir individual rights under the ADEA (the "Waiver") with regard to issues alleged in Civil Action No. A02CA134SS, a copy of which Waiver is attached hereto as Exhibit "4", for a total payment of$160,000.00 (the "Funds"). Within 10 days after entry of this Consent Decree, Enterprise will mail a Waiver to each individual identified in Exhibit "2", who shall have 35 days after the entry ofthis Consent Decree to sign the Waiver and deliver it to Enterprise. Any individual who does not timely sign and return this Waiver to Enterprise shall be excluded from the class. Enterprise will provide the EEOC with copies of the signed Waivers. Enterprise will, within 60 days after the entry of this Consent Decree, mail payment to all individuals who timely signed and delivered the Waiver to Enterprise. A copy of each payment check shall be provided to the EEOC. Any returned checks shall be remailed by Enterprise within 125 days after entry of this Consent Decree to the forwarding address provided to Enterprise by the U.S. Postal Service.
If any amount of the Funds is not successfully delivered to class members, whether through failure to execute the Waiver, failure of check delivery, or the check not being cashed, within 160 days after the entry of this Consent Decree (hereinafter the "Residual Amount"), then Enterprise will immediately stop payment and void such undeliverable/uncashed checks. By or

Consent Decree

Page 8

before the 190th day after the entry of this Consent Decree, Enterprise will donate the Residual Amount to the United Way of Austin with a designation for senior's programs.
16. For each year during the term ofthis Consent Decree, Enterprise shall have an annual hiring goal offive (5) qualified age·protected persons to fill available Management Trainee positions in the Austin Metropolitan Area.
17. IfEnterprise fails to meet any annual hiring goal described in paragraph16 above, the EEOC shall review Enterprise's good faith compliance with its obligations under this Consent Decree in order to determine whether Enterprise has violated this Consent Decree. IfEnterprise has acted in good faith in the hiring process for the Management Trainee position but, in spite ofits good faith efforts, has not attained the hiring goal for that year, then Enterprise will be excused from such non·compliance and shall not be deemed in violation of paragraph 16 of this Consent Decree. If, however, the EEOC contends that Enterprise has violated paragraph 16 ofthis Consent Decree, the parties shall follow the procedure set out in paragraph 14 above for resolution of any dispute or enforcement of this Consent Decree.
18 . Nothing in this Consent Decree is intended to confer upon any person or entity other than the EEOC the right to seek enforcement of this Consent Decree and/or of any of the terms contained herein.
19. All documents required to be forwarded to the parties or their counsel shall be mailed, delivered or faxed to counsel at the following addresses:

Consent Decree

Page 9

TO THE EEOC: Robert B. Harwin Regional Attorney Equal Employment Opportunity Commission San Antonio District Office 5410 Fredericksburg Road, Suite 200 San Antonio, Texas, 78229-3555 Telephone: (210) 281-7643 Telecopier: (210) 281-7669
TO ENTERPRISE LEGAL COUNSEL: James H. Kizziar, Jr. Bracewell & Patterson, L.L.P. 800 One Alamo Center 106 South St. Mary's St. San Antonio, Texas 78205-3603 Telephone: (210) 226-1166 Telecopier: (210) 226-1133
19. The parties to this Consent Decree shall bear their own costs and attorney's fees
incurred in this action as of the date of this Consent Decree.
SO ORDERED.
7Et Signed this ----'_t--_ day of ~ /lAA";' ,2003.
~~- SAM SPARKS
United States DIS t Judge
Respectfully submitted,
GWENDOLYN YOUNG REAMS Associate General Counsel
~b~
ROBERT B. HARWIN Regional Attorney State Bar No. 076083 (District of Columbia)

Consent Decree

Page 10

,
\
617726v6
Cons en t Decree

Supervisory Trial Attorney Texas State Bar No. 1970 00
Trial Attorney Texas State Bar No. 24014498
EQUALE~LOYMENTOPPOR~TY
COMMISSION San Antonio District Office 5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229-3555 Telephone: (210) 281-7613 Telecopier: (210) 281-7669
ATTORNEYS FOR PLAINTIFF
A orney Texas State Bar No. 11547600
~---
State Bar No. 00791252
BRACEWELL & PATTERSON, L.L.P. 800 One Alamo Center 106 S. St. Mary's Street San Antonio, Texas 78205-3603 Telephone: (210) 226-1166 Telecopier: (210) 226-1133
ATTORNEYS FOR DEFENDANT
Page 11

..
EXHIBIT 1 The"Austin Metropolitan Area" includes the City ofAustin and the County ofTravis, and the towns ofRoundrock, Georgetown, and Pfugerville.
617726v6

..

Shahab Ahmed Patricia Allen Matt Anderson Michael Anderson Theodore Andreas Albert Apel Diana Ayala Peggy Bass Linda Baxter Scott Beaman, Jr. Noel Beavers Kimberly Beissert Patti Bielss Glen Brashear Barbara Brewer Bruce Brint Tracy Britton R. D. Brown Steven Bruce Jane Bunte Gregory Buntyn Mary Burger Michael Burns Scott Burns Tommy Burns Robert Bynoe James Mark Byrom James Caddell
Exhibit 2

EXHIBIT 2
Billie Cadwallader Terry Canipe Sally Cassell Veronica Chalk Jehangir Chinoy Stephen Cofer Frederick Coffey Larry Coleman JackW. Cook Dianna Coolidge Don Copeland Zane Dee Coquat Jesus Coronel Eric Shawn Courter Carolyn Cross John Cruz-Solano James Cummings Richard Curlee Earle Dahill Leo Davis John B. Davitt Teresa Delgado Wes DeVall Joy Faye Dickey Diane Dietiker Angel Dominguez Gilda Dominguez Thomas Driscoll

Arlen Ellis Janet Erlandson Pam Eulenfeld Richard Farrell William Flinn, Jr. Suzanne Galbraith David George, Jr Glen Gerber Marvin Gershowitz David Gibson Richard Gilbert Willie Goode Willie Graham Joseph Clarence Green Karen Green Christopher Gropp Jerry Grudzien Lyle Hansen Sheila Harlow Lee Harrold Floyd Haught John Harley Hawkins Fred Hay Mark Head LenHenk Yolanda Lee Hinkley Bobby Hodge William Holland
Page 1 of3

Donna Hopper Greg Howard Patricia Humburg Connie Hundley Harmon Hunter William Hutchinson John Hyndman Temple Innis LaryIrwin Alma Jackson Sherilyn Jackson Sarah Jamison Peter Janson Steven Jennings Patricia Jensen Ellis Joffrion David B. Johnson Ken Johnson Robert Johnson Charles Jones George Kanelos Steve Keith John Kellam, Jr. Joe Wilson Kendrick, Jr. Eric Key L. Ray Killough Adolphus R. Kimbrough Jo Rowe Kirby Karen Koenreich
Exhibit 2

Timothy Krone Scott Kuckes Gary Lamb Stephen Langdon Wayne Leonard James Liles Mary Louise Lindeberg C. Dwayne Little Patricia Littleton James Logue John Lowery Mike Lundgren Michelle Macdonald Charles Machacek, Jr. Richard Maciok Flor MacKenzie Idais Maher Rene Martell Stanley Martin Elizabeth Matt Betty Mayo Mark McAlister Johnny McCarty Bobby J. McFarland, Jr. Cherry McIntosh Robert McKown Cherie McMahan Myrtle Orlena Mehrabian Jesus Mendez, Jr.

Bob Miller Mary Miner Thomas Moeller William Scott Moneyhon Curtis Moore Pamela Moore Bonnie Moran Rudy Moreno Elizabeth Moses Barbara Myers Wayne P. Neeley Robert Neighbors Gregory Newman Diarmuid Nicholson Robert Padovano Ronald Holmes Page Lester Paine Robert Parkhurst Kevin Parkinson Anthony Plathe Evonne Pomeroy Elvie Pope Gary C. Powell, Sr. Robert Paul Ream Art Residori Nina Richards Sylvia Richards Heidy Richter Randy Rochelle
Page 2 of3

!

Richard Rodriguez Peter Romanenko Leo Ross Don 1. Rutter John Ryan Allen Sallee William Sammon Tommy Sansom James Sauls Leo Schaaf Makita Schichtel Luann Schiller-Van Lier Barbara Self Cheryl Sellers Richard Sepulvado Forrest Shade Howard Shapiro Ronald Sheaffer Mohammad Hamid Siddiqui Susan Sides Elsie Simins T. Davis Simmons Melody Slater Gary Smith Stephen Spees Lexine Spillman Ron Stephenson Marcus Sterling James D. Stockman

Don Strieber Jerry Summerhill, Jr. Kathryn Svatek Wayne Swisher Paul Tassey Virginia Taylor William Thurmond John Trainor Lawrence Trevino Tony Truitt Rocky Tubbs Ken Tuck Kenneth Vasseau Michael Verzwyvelt Karen Vigil Eric Vincent Valerie Volk Barney Walther William Waltz Margaret White Dennis W. Whitehouse Nancy Whitwell Cyril Lee Wilcox Robert 1. Williams Manley Wilson Pamela Wilson Teresa Witten Richard Wood William Charles Yoakum

Exhibit 2

Page 3 of3

"" .·
EXHIBIT 3
Enterprise Rent-A-Car Company of Texas is committed to hiring qualified applicants for employment without regard to their age, race, color, religion, sex, national origin, disability or any other protected category. Enterprise will not tolerate discrimination which violates state or federal laws or local ordinances, including failing to hire individuals on account of their age, race, color, creed/religion, sex, national origin, disability and/or any other protected category.
If any employee believes he or she has been discriminated against, the employee should immediately notify his/her supervisor or manager. If the complaint involves someone in the employee's direct line ofsupervision, the employee is encouraged to speak directly with the Human Resources Manager or the Vice President/General Manager. Employees may also contact the Equal Employment Opportunity Commission, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229 (210-281-7600 or 1-800-669-4000).
Enterprise will take appropriate corrective action, up to and including termination, based on the circumstances involved, against any employee who violates Enterprise's policies against discrimination.
617726v6

,,P

EXHIBIT 4

COMPLETE AND FINAL RELEASE OF AGE DISCRIMINATION CLAIMS

1. In return for payment by Enterprise Rent-A-Car Company of Texas ("Enterprise") of

$

(the "Funds"), I hereby release Enterprise and all of its officers, directors, agents and

employees from any and all claims of age discrimination that I may have under the Age

Discrimination in Employment Act of 1967, as amended, including the claims raised by the Equal

Employment Opportunity Commission ("EEOC") in Civil Action No. A02CA134SS, pending in the

United States District Court, for the Western District of Texas, Austin Division.

2. This Release shall apply to any and all acts andlor omissions of Enterprise occurring on or

before the date that I sign this Release which arise from or relate to (i) my application for

employment with Enterprise as a Management Trainee; (ii) my non-selection for the Management

Trainee position, (iii) all ofthe allegations raised in the pleadings and papers on file in Civil Action

No. A02CA134SS; and (iv) the claim that a class ofpersons was not selected by Enterprise for the

Management Trainee position because of their age.

3. This Release does not apply to any events occurring after I sign this Release.

4. I understand that to receive the Funds, I must (i) sign this Release and (ii) deliver it to

Enterprise, c/o Bracewell & Patterson, L.L.P., 111 Congress Avenue, Suite 2300, Austin, Texas

78701-4043 within 21 days from

,200_. If I do not sign this Release and deliver it

to Bracewell & Pattt;rson by S:00 p.m. on

,200_, Ishall be ineligible for the Funds and

the offer set forth in this Release shall automatically become null and void.

S. I understand that I am responsible for the tax consequences, ifany, resulting from my receipt

Page 1

4 I

ofthe Funds. I understand that Enterprise encourages me to consult with my personal tax advisor. 6. Enterprise will mail the Funds to the address listed below after this Release has been signed by me and timely delivered to Bracewell & Patterson. 7. I acknowledge that I have been given the opportunity to review this Release and that I understand all of its terms and provisions. 8. Notice Regarding Attorney: I understand that I am entitled to consult with an attorney ofmy choice, at my expense, before signing this Release. 9. I acknowledge that I am signing this Release voluntarily and without coercion or duress by anyone associated with Enterprise. 10. I agree to maintain this Release in confidence and to not disclose it to any other person or organization except my spouse, attorney, tax advisor or as requried by law. Prior to disclosing this Release to my spouse, attorney or tax advisor, I shall notify them of this confidentiality obligation and that they must also maintain this Release in confidence. 11. This Release will become effective, binding and enforceable when I have signed and delivered it to Bracewell & Patterson within 21 days of _____, 20o_.
SIGNED in duplicate copies on this the _ _ day of _ _ _ _ _, 20o_.

Signature: ____________
Print Name: ---------------
Social Security Number ___-_-_ __
617726v6

Address: -----------------
Telephone: ____________

Page 2

 
 CM/ECF LIVE - U.S. District Court:txwd - Docket Report

https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?669418582878544-L_3...

U.S. District Court [LIVE] Western District of Texas (Austin) CIVIL DOCKET FOR CASE #: 1:02-cv-00134-SS

CLOSED

Equal Employment Opp v. Enterprise Texas Assigned to: Honorable Sam Sparks Demand: $0 Cause: 28:451 Employment Discrimination
Plaintiff Equal Employment Opportunity Commission

Date Filed: 02/27/2002 Date Terminated: 04/07/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Edward Juarez U.S. EEOC San Antonio District Office 5410 Fredericksburg Road Suite 200 San Antonio, TX 78229-3555 (210) 281-7613 Fax: (210) 281-7669 Email: eduardo.juarez@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Judith G. Taylor U.S. EEOC San Antonio District Office 5410 Fredricksburg Rd. Suite 200 San Antonio, TX 78229-3555 (210) 281-7673 Fax: 210/281-7669 Email: judith.taylor@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert B. Harwin Equal Employment Opportunity Commission San Antonio District Office 5410 Fredericksburg Road Suite 200 San Antonio, TX 78229-3555 (210) 281-7643 Fax: (210) 281-7669 Email: robert.harwin@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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CM/ECF LIVE - U.S. District Court:txwd - Docket Report

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V.
Defendant Enterprise Rent-A-Car Company of Texas

represented by James H. Kizziar, Jr. Bracewell & Giuliani, L.L.P. 106 S. St. Mary's Street 800 One Alamo Center San Antonio, TX 78205 (210) 226-1166 Fax: 210/226-1133 Email: james.kizziar@bracewellgiuliani.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laura M. Merritt Wilson Sonsini Goodrich & Rosati 8911 Capital of Texas Hwy North Westech 360, Suite 3350 Austin, TX 78759-4943 (512) 338-5400 Fax: 512/338-5499 Email: lmerritt@wsgr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 02/27/2002 02/27/2002 03/01/2002
03/01/2002 03/29/2002
03/29/2002
04/30/2002

#

Docket Text

Case assigned to Honorable Sam Sparks (fe) (Entered: 02/28/2002)
1 Complaint filed. Filing Fee: $ waived (Pages: 4) (fe) (Entered: 03/01/2002)
Letter sent to atty Harwin re: non-admission status; UPDATE 3/7/02 - atty Harwin was admitted 10/15/90; database corrected (fe) Modified on 03/07/2002 (Entered: 03/01/2002)
Court file sent to Judge Sparks (fe) (Entered: 03/01/2002)
2 Waiver of Service by Enterprise Texas (signed by Anne Leavens); Notice and Request Mailed on 3/1/02 ; Answer due on 4/30/02 for Enterprise Texas (td) (Entered: 04/02/2002)
3 Waiver of Service by Enterprise Texas (signed by Richard T. Janicki); Notice and Request Mailed on 3/1/02; Answer due on 4/30/02 for Enterprise Texas (td) (Entered: 04/02/2002)
4 Joint motion by Equal Employment Opp, Enterprise Texas to extend time to answer: added attorney James H. Kizziar, Jr., Laura M. Merritt for Enterprise Texas (mc2) Modified on 06/12/2002 (Entered: 05/01/2002)

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05/06/2002 06/19/2002 06/24/2002 06/25/2002 06/28/2002
08/01/2002 08/30/2002 09/05/2002
10/18/2002 01/10/2003 01/15/2003 02/21/2003 03/04/2003 04/01/2003 04/07/2003 04/07/2003

5 Order granting joint motion to extend time to answer [4-1] answer due 8/2/02 for Enterprise Texas (SS). (td) (Entered: 05/06/2002)
6 Joint motion by Equal Employment Opp, Enterprise Texas to extend time - for extension of deadlines pursuant to FRCP 16 & 26 & Local Rule CV-16(c) (mc2) (Entered: 06/19/2002)
7 Order denying joint motion to extend time - for extension of deadlines pursuant to FRCP 16 & 26 & Local Rule CV-16(c) [6-1]. (Noticed 6/25/02.) (mc2) (Entered: 06/25/2002)
8 Joint motion by Equal Employment Opp, Enterprise Texas for clarification regarding Court's 6/24/02 Order denying joint motion for extension of deadlines pursuant to FRCP 16 & 26 & Local Rule CV-16(C) (mc2) (Entered: 06/26/2002)
9 Order ranting joint motion for clarification regarding Court's 6/24/02 Order denying joint motion for extension of deadlines pursuant to FRCP 16 & 26 & Local Rule CV-16(C) [8-1] setting answer due for 8/2/02 for Enterprise Texas , and that parties present a scheduling order by 8/30/02. (Noticed 7/1/02.) (mc2) (Entered: 07/01/2002)
10 Answer by Enterprise Texas (mc2) (Entered: 08/01/2002)
11 Recommendations for scheduling order by Equal Employment Opp, Enterprise Texas (mc2) (Entered: 09/03/2002)
12 Scheduling order setting Joining of parties, amending of pleadings on 12/3/02 Deadline for filing of all motions 7/5/03 Discovery cutoff 6/20/03 ; Docket Call set for 11:00 8/1/03 ; Alternate Dispute Resolution Report due by 10/18/02. (Noticed 9/5/02.) (mc2) (Entered: 09/05/2002)
13 Joint Alternate Dispute Resolution Report filed by Equal Employment Opp, Enterprise Texas, Partys do not agree to Alternate Dispute Resolution at this time (fe) (Entered: 10/21/2002)
14 Joint Motion by Equal Employment Opp, Enterprise Texas to place in abeyance all pending scheduling order deadlines (fe) (Entered: 01/13/2003)
15 Order granting motion to place in abeyance all pending scheduling order deadlines [14-1]; for 45 days after the entry of this Order signed by Honorable Sam Sparks (fe) (Entered: 01/16/2003)
16 Joint Advisory to the court filed by Pltf Equal Employment Opp, and Dft Enterprise Texas regarding settlement (tdk) (Entered: 02/24/2003)
17 Order abating discovery and pre-trial deadlines until 4/30/03; signed by Honorable Sam Sparks (fe) (Entered: 03/06/2003)
Notice of filing Consent Decree by Equal Employment Opp, Enterprise Texas forwarded to Judge Sparks (fe) (Entered: 04/02/2003)
18 Consent Decree signed by Honorable Sam Sparks (Pages: 18) (fe) (Entered: 04/08/2003)
Case closed (fe) (Entered: 04/08/2003)

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 EEOC LITIGATION SETTLEMENT REPORT - APRIL 2003

http://www.eeoc.gov/litigation/settlements/settlement04-03.html

EEOC v. Enterprise Rent-A-Car Company of Texas, Inc. No. A-02-CA-134-SS (W.D. Tex. April 7, 2003)
The San Antonio District Office alleged in this ADEA lawsuit that defendant, a car rental company with 48 branch offices in the Austin, Texas metropolitan area, refused to hire individuals age 40 and older into Management Trainee positions. Each branch office has one or more Management Trainee positions which are entry level management positions. In 1998, approximately 1100 individuals applied for Management Trainee positions in the Austin area, almost 10% of whom were in the protected age group. Of the 110 candidates hired for trainee positions in 1998, none were age 40 or older. The case was resolved through a consent decree which provides for a total payment of $160,000 in monetary relief. Defendant is enjoined from engaging in age discrimination with regard to recruiting, interviewing, rejecting, selecting and/or hiring individuals for Management Trainee positions at its offices in the Austin metropolitan area. Defendant also agrees that for each year during the four-year term of the decree, it shall have an annual goal of hiring five qualified age-protected persons to fill available Management Trainee positions in the Austin metropolitan area.

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