WILLIAM R. TAMA YO (CA Bar No. 084965) lONATHAN T. PECK (VA Bar No. 12303)
2 EQUAL EMPLOYMENT OPPORTIJNITY COMMISSION
San Francisco District Office 3 350 The Embarcadero, Suite SOO
San Francisco, CA 9410S
4 TeleflhoneNo.(4 15)62S-S646 FacSImile No. (4IS) 625-5657
5 Attorneys for Plaintiff
6 Equal Emp lo>ment Opportunity Commission

7

8

UNITED STATES DISTRICT COURT

9

EASTER.!",' DISTRICT OF CALIFORNIA

10

EQUAL E!\IPLOYMENT OPPORTUNITY )

II COMMISSION,

)

)

12

)

Plaintiff,

)

II

)

14 "

) )

)

IS MERCED COUNTY COMM UNITY

)

ACTION AGENCY

)

16

)

Defendant.
17

l

Civil Action No. CQMPLAINT Civil Rights - Employmem Discrimination
JURY TRIAL DEMAND

18
NATURE OFTHE ACTION
19 This is an action under Title VU of the Civil Rights Act of 1964 and Title I of the Civil
20 Rights Act of 199 1 to correct unlawful employment practices on the basis of race and retaliation
21
and to provide appropriate relief to Mr. Charles Price aggrieved by Defendant's unlawful
22 practices. Plaintiff alleges that Defendant, Merced County Community Action Agency
23 unlawfully subjecte<l Mr. Price to race and retaliation discrimination, denying him a promotion
24 on account of his race, African American, and discharging him in retaliation for complaining of
2S
the promotion denial.
26 1/
27 /I
28

COMPlAINT

1

J URISmCfIO;S Al'lO VENUE

2

1

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

3 1343 and 1345. This action is authorized and instituted pursuant to Section 706 (f) (I) and (3) of

4 Title VII of the Civil Rights Act of 1964, as amended (Title VII) , 42 U.S.c. §2000e-5 (I) (\) and

5 (3), and S<:(;lion 102 of the Civil Rights Act of 1991, 42 V.S .c. §1981(a).

6

INTRA· DlSTRICT ASSIG NME NT

7

2. This action is appropriate for assignment to the Fresno division of the Eastern

8 District, California, because the unlawful employment practices alleged were committed within

9 Merced County, the employment record relevant to the unlawful practices are located in Merced

]0 County, and because Defendant's principal place of business is in Merced County_

11

PARTIES

12

)

Plaintiff, the Equal EmpJo}ment Opportunity Commission ("Commission''), is the

i3 agency ofthe United States of America charged with the administration, interpretation and

14 enforcement of Title VlI, and is expressly authoriZed to bring this action by Sections 706(f)(1)

15 and (3) of Title Vl1, 42 U.S.c. §2(l()()e..5(f)(J) and (3).

16

4. At ail relevant times, Defendant Merced County Community Action Agency

17 CDefendant"') has continuously been, and is now, a California corporation, qualified and doing

18 business in the state of Cali fomi a and Ihe city of Merced and has continuously had and does now

19 have at least 15 employees.

20

5. At ail relevant times, Defendant has continuously been, and is now, an employer

21 engaged in an mdustry affecling commerce within the meaning of Sections 701(b), (g) and (h) of

22 Tille VII, 42 U.s.c. §§ 2000e(b), (g) and (h).

23

STAl'EMENT O F C LAIMS

24

FIRST CLAIM FOR RELIEF

25

Vi olation of Title VII of Civil Rigbts Act Based on Rac e Discrimination, Promotion

26

6

Mon: than thiny days prior 10 the institution of this lawsuit, Mr. Price filed

27 charges with the Commission alleging violations of Title VII by Defendant. All conditions

28 pretedent 10 the institution of this lawsuit have been fulfilled.

CO).lPLAIl'T

Page2

I

7, Since at least February 2003, Defendant has engaged in unlawful employment

2 practices of race discrimination in violation of Section 703 (a) (I) ofTitle VII, 42 U.S.c. §

3 2000e-2(a)(I), by refusing to promote Mr. Price ("Charging Party"), because of his race, African

4 American,

S

8

The effect of the practices complained of above in paragraph 7 has been 10 deprive

6 Charging Party of equal emp loyment opportunities and otherwise adversely affect his

7 employment status because oflus race,

S

9. The unlawful employment practices complained of above in paragraph 7 were and

9 are mtemional.

10

10. The unlawful employment practices complained of above in paragraph 7 were

11 done with malice and/or reckleS5 indifference to the federally protected rights of Charging Party.

12

SECOND C LAIM FOR RELIEF

13

V iolati on of Title VII of Civil Ri ghts Act Based on Retali ation

14

II. PlaintiffCommiS5ion hereby incorporates the allegations ofparagraphs I through

IS 7 above as though fully set forth herein.

16

12, In addition to the above-referenced promotion denial , Defendant has engaged in

17 unlawful employmem practices in violation of Section 704 (a) of Title VII, 42 U.s ,C. § 2000e-3

18 (a), by subjecting Charging Party to adverse employment actions in retaliation for his opposition

19 to race discrimination, including, inter alia, tennination of his employment.

20

13. The effect of the action complained of in paragraph 12 abo ve has been to deprive

21 Charging Party of equal employment opponunities and otherwise adversely affect his status as an

22 employee because of his protected activity.

23

14, The unlawful employment practices complained of in paragraph 12 above were

24 intentional.

25

IS. The unlawful employment practices complained of in paragraph 12 above were

26 done with malice or with reckless indifference 10 the federally protected rights of Charging Party.

27

PRAYER FOR RELIEF

28

Wherefore, the Commission respectfully requests that this Coun:

COMPLAINT

A. Grant a pcnnanent injunction enjoining Defendant, its officers, successors,

2 assigns, and all pC'rSOlIli in active concert or panicipation with it, from engaging in race

3 discrimination and/or retaliation against its employees.

4

B Order Defendant to institute and carry OUI policies, practices, and programs which

5 provide equal employment opportunities for African Americans and those persons who oomplain

6 aboul race discrimination, and which eradicate the effects of its past and present unlawful

7 employment praclices.

8

c. Order Defendant to make whole Charging Pany by providing oompensation for

9 past and furure pecuniary 10SSC1 resulting from the unlawful employment practices complained of
10 above, including but oot limited 10, l05t wages and benefits, medical expenses or other OUI of

II pocket expenses in amounts to be detennined at lrial.

12

D. Order Defendanlto make whole Charging Party by providing compensation for

13 paSI and future non-pecuniary losses resulting from the unlawful practices complained of above,

14 inclUding but not limited 10 pain and suffering, emotional distress, indignity, los5 of enjoyment of

IS life, loss ofself-esleem and humiliation, in amounts to be determined at trial.

16

F

Order Defendant to pay Charging Partypunill\·e damages for its malicious and

17 reckless conduct complained ofabo\·e. in amounts 10 be determined at trial.

18

G. Grant such funher reliefas the Coun deems necessary and proper in the public

19 interest.

20
, 1 il
22 /I

H. Award the Commission its costs oflhis aClion.

" /I
24 /I

" /I
26 /I

" /I " /I

COMPU,!",.

1

2

JURY TRIAL DEMANp

3

PursuanllO the provisions ofFedenl Rule ofCivil Procedure 38(b). Plaintiffhereby

James L. L« Deputy General Counsel
G""cn dolya Young RUIIlli Associate General Counsel
Equal Employmeot Opportuolty Commission 1801 L Street, N.W. WashingtOn, DC 20507
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of the General Counsel Washington, DC 20507

Regional Anomey

I'18 Daled: ---"9-<,,,-21>-1'1U",,-__
20 21 22
23 24
"
26 27 28

EQUAL EMPLOYMENT OPPORTUNITY
COMMtsSION
San Francisco District Office 350 The Embarcadero, Suite SOO
San Francisco, CA 94105

COMPU,Il«,.

Pag.5

 
 1 WILLIAM R. TAMAYO - #084965 (CA) JONATHAN T. PECK - #12303 (VA)
2 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 San Francisco District Office 350 The Embarcadero, Suite 500
4 San Francisco, California 94105 Telephone: (415) 625-5646
5 Facsimile : (415) 625-5657
6 Attorneys for Plaintiff

7

8

GARY BETHEL - #117547 GAGE DUNGY - #227977

9

LITTLER MENDELSON 5200 North Palm Avenue, Suite 302

10

Fresno, California 93704 Telephone: (559) 244-7500

11 Facsimile : (559) 244-7525

12 Attorneys for Defendant

13

UNITED STATES DISTRICT COURT

14

EASTERN DISTRICT OF CALIFORNIA

15

16

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

17

Plaintiff,

18

v.

19 MERCED COUNTY COMMUNITY 20 ACTION AGENCY,

21

Defendant.

22

CIVIL ACTION 1:05-CV-01241-OWW-LJO
STIPULATION FOR DISMISSAL WITH PREJUDICE AND FOR RETENTION OF JURISDICTION BY THE COURT AND ORDER

23

24

Plaintiff Equal Employment Opportunity Commission (EEOC) and Defendant, Merced

25 County Community Action Agency, (Agency) and through their undersigned counsel, hereby

26 stipulate to dismissal with prejudice of all claims against the Agency. There are no remaining issues

27 or parties in this action.

28

Pursuant to Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 381-82 (1994)

STIPULATION & ORDER OF DISMISSAL CV -01241-OWW-LJO

1 and Flanagan v. Arnaiz, 143 F.3d 540, 543-44 (9th Cir. 1998), the parties further stipulate that this

2 Court shall retain jurisdiction of this action for the purpose of resolving any disputes that may arise

3 in the future regarding the parties’ Settlement Agreement, attached hereto as Exhibit A to this

4 Stipulation. The parties further agree that the Court’s jurisdiction over this matter shall

5 automatically expire on August 15, 2006. This stipulation is based on Rule 41 (a) (l) (ii) of the

6 Federal Rules of Civil Procedure and has been signed for all parties. The EEOC and the Agency

7 agree to bear their own attorney’s fees and costs.

8

On Behalf of Defendant, Agency

9

10 DATED: 10/24/05

/s/ Gage C. Dungy

11

LITTLER MENDELSON

12

On Behalf of Plaintiff, EQUAL EMPLOYMENT

13

OPPORTUNITY COMMISSION

14

15 DATED: 16

10/14/05

/s/ William R. Tamayo WILLIAM R. TAMAYO Regional Attorney

17 18 DATED: 19

10/12/05

/s/ Jonathan T. Peck JONATHAN T. PECK Supervisory Trial Attorney

20

21

22

APPROVED AND SO ORDERED:

23

24 25 DATED: October 28, 2005
26

_/s/ OLIVER W. WANGER__________ U.S. DISTRICT JUDGE

27

28

LITTLER M ENDELSON

A PROFESSIONAL CORPORATION 5200 North Palm Avenue Suite 302 Fresno, CA 93704.2225

STIPULATION & ORDER OF DISMISSAL CV -01241-OWW-LJO

2.

559.244.7500

 
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CIVIL, CLOSED
U.S. District Court Eastern District of California - Live System (Fresno) CIVIL DOCKET FOR CASE #: 1:05-cv-01241-OWW-LJO

Equal Employment Opportunity Commission v. Merced County Community Action Agency Assigned to: Judge Oliver W. Wanger Referred to: Magistrate Judge Lawrence J. O'Neill, MJ Cause: 28:451 Employment Discrimination

Date Filed: 09/28/2005 Date Terminated: 11/01/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Jonathan Peck Equal Employment Opportunity Commission San Francisco District Office 350 Embarcadero Street Suite 500 San Francisco, CA 94105-1687 415-625-5646 Email: Jonathan.Peck@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

William Robert Tamayo U.S. Equal Employment Opportunity Commission 350 The Embarcadero, Suite 500 San Francisco, CA 94105-1260 (415) 625-5645 Fax: (415) 625-5657 Email: william.tamayo@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant Merced County Community Action Agency

represented by Gage C Dungy Littler Mendelson 5200 North Palm Avenue, Suite 302 Fresno, CA 93704 (559) 244-7500 Fax: (559) 244-7525 Email: gdungy@littler.com ATTORNEY TO BE NOTICED

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Date Filed 09/28/2005 10/03/2005
10/03/2005
10/26/2005 11/01/2005

#

Docket Text

1 COMPLAINT against Merced County Community Action Agency, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Peck, Jonathan) (Entered: 09/28/2005)
2 SUMMONS ISSUED as to *Merced County Community Action Agency* with answer to complaint due within *20* days. Attorney *Jonathan Peck* *Equal Employment Opportunity Commission* *350 Embarcadero Street, Suite 500* *San Francisco, CA 94105-1687*. (Balli, R) (Entered: 10/03/2005)
3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 1/19/2006 at 08:45 AM in Courtroom 2 (OWW) before Judge Oliver W. Wanger. (Attachments: # 1 Magistrate Standing Order # 2 Consent Forms # 3 VDRP Forms) (Balli, R) (Entered: 10/03/2005)
4 STIPULATION and PROPOSED ORDER Stipulation for Dismissal and Proposed Order by Merced County Community Action Agency. (Dungy, Gage) (Entered: 10/26/2005)
5 ORDER upon stipulation dismissing action with prejudice and retaining jurisdiction signed by Judge Oliver W. Wanger on 10/28/2005. CASE CLOSED.(Lucas, G) (Entered: 11/01/2005)

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