Case 0:06-cv-03828-ADM-JSM Document 1-1 Filed 09/25/2006 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

LAND 0' LAKES, INC.,

)

)

Defendant.

)

)

CIVIL ACTION NO.
DhcJ 3~~~
C 0 M P L A I N T ,Ab'M. \}SfV\
Jury Trial Requested

NATURE OF THE ACTION

This is an action under the Age Discrimination in Employment Act of 1967

("ADEA''), Title VII of the Civil Rights Act of 1964 ("Title VII), and the Equal Pay Act

("EPA") to correct unlawful employment practices instituted and maintained by

Defendant Land 0' Lakes, Inc. (hereinafter "LOL" or "Employer"). Specifically,

Defendant LOL instituted and maintained a policy in its Separation Agreement and

Release that required terminated employees to agree, as a material term of the agreement,

that they had not filed a claim of discrimination with the EEOC and had no current intent

to file such a claim. Such a policy is believed to have been used nationwide. Such a

provision is retaliatory and violates public policy under the ADEA, Title VII, and the

EPA.

JURISDICTION AND VENUE

1. Jurisdiction of this Courtis invoked pursuant to 28 U.S. C. §§ 451, 1331,
SCANNED
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1337, 1343 and 1345. This action is authorized and instituted pursuant to sections 4(d) and 7(b) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 623(d) and 626(d) ("ADEA''), which incorporates by reference Sections 16(c) and 17 of the Fair Labor Standards Act of 1938 ("FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217; Section 706(f)(1) of Title VII of the Civil Rights Act of 1964,42 U.S.C. 2000e5(f)(1) and Section 704(a), 42 U.S.C. §2000e-3 ("Title VII"); and Section 17 of the FLSA, 29 U.S.C. §217, to enforce the requirements of the Equal Pay Act of 1963 ("EPA"), codified as Section 15 of the FLSA, 29 U.S.C. §215(a)(3).
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Minnesota.
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, Title VII and the EPA, and is expressly authorized to bring this action by Sections 4(d) and 7(b) of the ADEA, 29 U.S.C. §§ 623(d) and 626(b) as amended by Section 2 of the Reorganization Plan No. 1 of 1978, 92 Stat. 3781 and Public Law 98-532 (1984), 98 Stat. 2705; Section 706(f)(1) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3); and Section 17 of the FLSA, 29 U.S.C. § 217, as amended by Section 1 of the Reorganization Plan No. 1 of 1978, 92 Stat. 3781 and Public Law 98-532 (1984), 98 Stat. 2705.
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4. At all relevant times, Defendant LOL has continuously been incorporated in the State of Minnesota and doing business in the State of Minnesota and the City of Arden Hills, and has continuously had at least 15 employees.
5. At all relevant times, Defendant LOL has continuously been an employer engaged in an industry affecting commerce under Section ll(b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630(b), (g) and (h).
6. At all relevant times, Defendant LOL has continuously been an employer engaged in an industry affecting commerce under Sections ll(b), (g) and (h) of Title VII, 42 U.S.C. §2000e (b), (g) and (h).
7. At all relevant times, Defendant LOL has acted directly or indirectly as an employer in relation to employees and has continuously been an employer within the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d).
8. At all relevant times, Defendant LOL has continuously employed employees engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(b), (i) and (j) of the FLSA, 29 U.S.C. §§ 203(b), (i) and (j) or has continuously been an enterprise engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(r) and (s) of the FLSA, 29 U.S.C. §§ 203(r) and (s), in that said enterprise has continuously been an enterprise whose annual gross volume of sales made or business done is not less than $500,000.
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STATEMENT OF CLAIMS 9. More than thirty days prior to the institution of this lawsuit, Kathyrn Beste filed a charge alleging violations of the ADEA, Title VII and the EPA. All conditions precedent to the institution of this lawsuit have been fulfilled. 10. From at least 2004, Defendant LOL used a Separation Agreement and Release ("Agreement") with its employees that required them, as a material term of the Agreement, to represent that they had not filed a charge with an administrative agency and that they had no current intent to file a charge. On information and belief, this Separation Agreement and Release was used nationwide. II. The provision in the Agreement prohibits and chills employees from filing or prosecuting a charge of discrimination with the EEOC. 12. LOL denied separation payments and benefits to persons who did not sign the Agreement. 13. The provision is unlawful and retaliatory in violation of the ADEA, and specifically the provisions of the ADEA contained in the Older Workers Benefits Protection Act and its regulations. 14. The provision is unlawful and retaliatory in violation of Title VII. 15. The provision is unlawful and retaliatory in violation of the EPA. 16. The provision is void as against public policy underlying the ADEA, Title VII and the EPA.
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17. The unlawful employment practices complained of above were intentional. 18. The unlawful employment practices complained of above were done with malice or reckless indifference to the federally protected rights of employees. 19. The unlawful employment practices complained of in were willful within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
PRAYER FOR RELIEF Wherefore, the EEOC respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant LOL, its officers, successors, assigns, and all persons in active concert or participation with it, from instituting and maintaining a Separation Agreement and Release, or any other similar agreement, which retaliates because of an employee's right to file a charge with the EEOC, or participate in an EEOC investigation or proceeding. B. Order Defendant LOL to contact former employees who were affected by the Separation Agreement and Release by delivering a corrective notice with a revised Severance Separation Agreement and Release, and tolling all limitations periods for a charge, claim or (under the EPA) suit filing until the date of actual delivery of corrective notice, which sets the applicable time limitation running anew. C. Order Defendant LOL to institute and carry out policies, practices and procedures, which provide equal employment opportunities for employees who wish to
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file charges with the EEOC or participate in an EEOC investigation or proceeding, and which eradicate the effects of its past and present unlawful employment practices.
D. Order Defendant LOL to make whole any employees by providing affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to revising the Separation Agreement and Release to expressly permit employees to file charges with the EEOC, and to participate in an EEOC investigation or proceeding without losing their severance pay and benefits and without violating the agreement.
E. Order Defendant LOL to make whole any employee whose severance pay and/or benefits were withheld by Defendant LOL because he or she either filed a charge with the EEOC or participated in an EEOC investigation or proceeding.
F. Order Defendant LOL to make whole any employee whose severance pay and/or benefits were withheld by Defendant LOL because they refused to sign the Separation Agreement and Release because it prohibited the individual from filing a charge with the EEOC or participating in an EEOC investigation or proceeding.
G. Order Defendant LOL to make whole employees adversely affected by the unlawful provision in the Separation Agreement and Release by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, in amounts to be determined at trial.
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H. Order Defendant LOL to make whole employees adversely affected by the unlawful provision in tbe Separation Agreement and Release by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of above, including emotional pain, suffering, inconvenience, and humiliation, in amounts to be determined at trial.
I. Order Defendant LOL to pay employees adversely affected by the unlawful provision in the Separation Agreement and Release punitive damages for its malicious and reckless conduct described above, in amounts to be determined at trial.
J. Grant such further relief as the Court deems necessary and proper in tbe public interest.
K. Award the EEOC its costs oftbis action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION RONALD S. COOPER General Counsel JAMES LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
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Dated:

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Va?I Dated:

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Chicago District Office 500 West Madison Street, Suite 2800 Chicago, IL 60661 (312) 353-8550
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Senior Trial Attorney
Minneapolis Area Office 330 Second Avenue South, Suite 430 Minneapolis, MN 55401 (612) 335-4061

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 Case 0:06-cv-03828-ADM-AJB Document 3-1 Filed 02/05/2007 Page 1 of 7

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

v.

)

)

LAND O’LAKES, INC.,

)

)

Defendant.

)

)

Civil Action No. 06-3828 (ADM/JSM)
CONSENT DECREE

Introduction

Plaintiff Equal Employment Opportunity Commission (hereinafter the

“Commission”) has instituted this action alleging that Defendant Land O’Lakes,

Inc. instituted and maintained a policy in its Separation Agreement and Release

that retaliated against certain of its employees by requiring terminated employees

to agree that they had not filed a claim of discrimination with the EEOC and had

no current intent to file such a claim. In its Complaint, the EEOC alleged that this

violated the Age Discrimination in Employment Act of 1967 (“ADEA”), Title VII

of the Civil Rights Act of 1964 (“Title VII”), and the Equal Pay Act (“EPA”).

THEREFORE, it is the finding of this Court, made on the pleadings and on

the record as a whole and upon agreement of the parties, that: (i) this Court has

jurisdiction over the parties to and the subject matter of this action, (ii) the

requirements of the ADEA, Title VII and the EPA will be carried out by the

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implementation of this Decree, (iii) this Decree is intended to and does resolve all matters in controversy in this lawsuit among the parties, and (iv) the terms of this Decree constitute a fair and equitable settlement of all issues in this lawsuit.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows:
I. Injunctive Relief 1. Defendant is enjoined from requiring as part of any agreement with employees that the employees will not file charges with the EEOC. Defendant will cease from instituting and maintaining a Separation Agreement and General Release, or any other similar agreement, which prohibits an employee from filing a charge with the EEOC or participating in an EEOC investigation or proceeding. 2. Within fifteen days of the entry of the Consent Decree or approval by the EEOC of the notice discussed in this paragraph, whichever is later, Defendant will send a notice, by certified mail to the last known address, to all former employees who, between April 1, 2004 and the present, signed an agreement that contained language prohibiting the filing of an administrative charge with the EEOC. The notice will inform the employees that any language contained in the release prohibiting the filing of an administrative charge with the EEOC has been severed from the remainder of the document. The employees will be advised that they have a right to file a charge of discrimination with the EEOC and participate
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in EEOC proceedings without losing severance benefits or violating the agreement. The EEOC will review and approve the notice before it is mailed to the former employees.
3. Land O’Lakes, Inc. waives the limitation periods for filing a charge of discrimination with the EEOC for all former employees who, between April 1, 2004 and the present, signed an agreement that contained language prohibiting the filing of an administrative charge with the EEOC. Land O’Lakes, Inc. will advise the employees receiving the notice in subsection (2) that they have 300 days from the date of actual receipt of the certified letter (sent to the employees’ last known addresses) to file a charge of discrimination with the EEOC. If after sending such a notice by certified mail, no receipt acknowledgment is returned, the measure of 300 days will begin on the date the notice is mailed.
4. Within 30 days of the entry of this Decree or approval by the EEOC of the notice discussed in this paragraph, Defendant will send out a notice by certified mail to any employee who was offered the agreement between April 1, 2004 and the present, and who refused to sign the agreement and with whom Defendant has not reached a subsequent agreement or otherwise paid the separation amounts. In the notice, Defendant will re-offer the previously offered separation benefits under the Separation Agreement and Release as revised. The amount offered by Defendant shall be no less than that which was previously
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offered by Defendant. Defendant may offer a larger benefit in its discretion. Employees who did not sign the separation agreement containing the waiver of charge filing rights will not have the 300-day charge filing period revived. The EEOC will review and approve the notice before it is mailed to the former employees covered by this Paragraph. The employee receiving such notice will have 45 days from the receipt of the offer to accept the offer. The 45 days will run from the date on the acknowledgment receipt of the notice, or from the date of mailing if no acknowledgment receipt is returned.
5. Land O’Lakes will provide the EEOC with a list of the names and addresses of all former employees who are sent the letters referred to in paragraph (2) as well as all former employees who are re-offered the separation benefits pursuant to paragraph (4). Land O’Lakes will submit a certification to undersigned counsel of the EEOC within fourteen days of its completion of its obligations under paragraphs (2) and (4) above. The EEOC shall receive copies of the letters sent by Land O’Lakes upon request.
6. Defendant will not retaliate against any employee or former employee for making a charge, testifying, assisting, or participating in an investigation, proceeding or hearing, or for exercising the right to oppose any practice made an unlawful employment action by the ADEA, Title VII, or the EPA.
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II. Reporting 1. Within thirty (30) days of the entry of this Decree, Defendant shall prepare and submit to the undersigned EEOC attorney a letter indicating that it has complied with the provisions of this Decree. 2. During the term of this Decree Defendant shall allow representatives of the Commission to review Defendant’s compliance with this Decree by inspecting and photocopying relevant documents and records, interviewing employees and management officials on their premises, and inspecting their premises. Such review of compliance shall be initiated by written notice to the Defendant’s attorney of record at least seven (7) business days in advance of any inspection of a Defendant’s documents or premises.
III. Term and Effect of Decree 1. This Decree constitutes the full, final and complete resolution of the EEOC’s claim that Land O’Lakes, Inc. violated the ADEA, Title VII, and the EPA by retaliating against former employees by requiring that they waive their right to file a charge with the EEOC as a condition of receiving severance pay. This Decree does not resolve the issue of whether the Separation Agreement is valid in other respects, or whether a party could assert that the agreement is invalid in future proceedings.
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2. This Decree shall be for a period of two years and can only be extended for good cause shown. During the Decree’s term the Court shall retain jurisdiction of this cause for purposes of compliance.
3. Each party shall bear that party’s own costs and attorneys fees.

BY CONSENT: FOR DEFENDANT:

Dated: _January 25____, 2007
BY CONSENT: FOR PLAINTIFF:

__s/Ellen G. Sampson________________ Ellen G. Sampson Leonard, Street and Deinard 150 South Fifth Street, Suite 2300 Minneapolis, MN 55402 (612) 335-1698
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
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GWENDOLYN YOUNG REAMS Associate General Counsel
1801 L Street, N.W. Washington, DC 20507
JOHN C. HENDRICKSON Regional Attorney
JEAN P. KAMP Associate Regional Attorney
Chicago District Office 500 West Madison Street, Suite 2800 Chicago, IL 60661 (312) 353-8550

Dated: _1/24/07 ____, 2007

_s/Laurie A. Vasichek _____________ LAURIE A. VASICHEK (#0171438) Senior Trial Attorney Minneapolis Area Office 330 Second Avenue South, Suite 430 Minneapolis, MN 55401 (612) 335-4061 laurie.vasichek@eeoc.gov

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 CM/ECF - District of Minnesota - Live - Docket Report

https://ecf.mnd.uscourts.gov/cgi-bin/DktRpt.pl?108860283269564-L_9...

U.S. District Court District of Minnesota (DMN) CIVIL DOCKET FOR CASE #: 0:06-cv-03828-ADM-AJB

CLOSED, CV

Equal Employment Opportunity Commission v. Land O'Lakes, Inc. Assigned to: Judge Ann D. Montgomery Referred to: Magistrate Judge Arthur J. Boylan Cause: 42:2000 Job Discrimination (Age)

Date Filed: 09/25/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Gwendolyn Young Reams Not Admitted LEAD ATTORNEY ATTORNEY TO BE NOTICED

James - NA Lee Not Admitted LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jean P Kamp Equal Employment Opportunity Commission 310 W Wisconsin Ave Ste 800 Milwaukee, WI 53203-2292 414-297-1860 Fax: 414-297-3146 Email: jean.kamp@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

John-NA C Hendrickson Not Admitted LEAD ATTORNEY ATTORNEY TO BE NOTICED

Laurie A Vasichek Equal Employment Opportunity Commission 330 S 2nd Ave Ste 430 Minneapolis, MN 55401-2224 612-335-4040 Fax: 612-335-4044 Email: laurie.vasichek@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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CM/ECF - District of Minnesota - Live - Docket Report

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V. Defendant Land O'Lakes, Inc.

Ronald - NA S Cooper Not Admitted LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ellen G Sampson Leonard Street and Deinard, PA 150 S 5th St Ste 2300 Minneapolis, MN 55402 612-335-1500 Fax: 612-335-1657 Email: ellen.sampson@leonard.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/25/2006
09/25/2006 02/05/2007
02/07/2007
02/09/2007

#

Docket Text

1 COMPLAINT with Jury Demand against Land O'Lakes, Inc. assigned to Judge Ann D Montgomery per Civil Rights List and referred to Magistrate Judge Janie S Mayeron , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(kt) (Entered: 09/25/2006)
2 Summons Issued as to Land O'Lakes, Inc. (kt) (Entered: 09/25/2006)
3 SETTLEMENT AGREEMENT (Consent Decree) by Equal Employment Opportunity Commission, Land O'Lakes, Inc., Equal Employment Opportunity Commission, Land O'Lakes, Inc.. (Attachments: # 1 Certificate of Service)(Vasichek, Laurie) (Entered: 02/05/2007)
4 ORDER OF RECUSAL. Magistrate Judge Janie S. Mayeron recused. Case reassigned to Magistrate Judge Arthur J. Boylan for all further proceedings. New case number is 06cv3828 ADM/AJB. Signed by Magistrate Judge Janie S. Mayeron on 2/7/07. (JME) (Entered: 02/07/2007)
5 CONSENT JUDGMENT. Signed by Judge Ann D. Montgomery on 2/9/07. (kt) (Entered: 02/09/2007)

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