Case 3:06-cv-05989-JSW Document 1 Filed 09/27/2006 Page 1 of 4

WILLIAM R. TAMAYO - #084965 (CA)

DA VID OFFEN-BROWN - #06332 1 (CA)

2

RAYMOND T. CHEUNG - #176086 (CA)

EQUAL EMPLOYMENT OPPORTUNlTY COMM ISSION

3

San Francisco District Office

350 The Embarcadero, Suite 500

4

San Francisco, Ca li fornia 94105-1260

Telephone: (415) 625-5649

5

Facsimile: (415) 625-5657

raymood.cheuog@eeoc gov

6

Attorneys for Plaintiff 7

E-Filing

8

UNlTED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

I I EQUAL EMPLOYMENT OPPORTUN ITY I

COMMISSION, 12

13

Plaintiff,

o OjiAINT I CIVIL ACTION NO.

Civil Rights

14

v.

- Employment Discrimination

- Class Action

15

SOUTHWEST AIRLINES CO.,

JURY TRIAL DEMAND

16

Defendant.

17

18

NATURE OF THE ACTION

19

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

20 Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to provide

21 appropriate relief to Adriana Martin and simi larly situated individuals who were adversely

22 affected by such practices. As alleged below, defendant , Southwest Airlines Co. subjected Ms

23 Martin and others to a sex ually hosti le work environment because of their sex, female.

24

JURISDICTION AND VENUE

25

I. Jurisdiction oflhis Court is invoked pursuant to 28 U.S.c. §§451, 1331 , 1337,

26 1343. and 1345. This action is authorized and instituted pursuant to section 706(f)( I) and (3) of

27 ofTil le VII oflhe Civil Righls Acl of 1964, as amended (Title VII), 42 U.S.c. §2000e-5(f)( I)

28 and (3). and Seclion 102 of the Civil Rights Act of 1991 , 42 U.S.C. § 198Ia.

COl\lPLAIN T
EEOC \', Southwest Airlines Co.

Case 3:06-cv-05989-JSW Document 1 Filed 09/27/2006 Page 2 of 4

lNTRADISTRICT ASSIGNMENT

2

2.

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

3

within the State of California, County of Alameda, within the jurisdiction of the United Siaies

4

District Court for the Northern District ofCalifomia. This case is appropriate for assignment to

5

San Francisco or Oakland because the unlawful employment practices alleged were and are

6

being committed within Alameda County.

7

PARTIES

8

3.

Plaintiff, the Equal Employment Opportunity Commission ("EEOC"), is the

9

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

10 enforcement of Title VI1 and is expressly authorized to bring this action by section 706(£)(1) and

II (3) ofTitle VII, 42 U.S.c. §2000e-5(f)( I) and (3).

12

4.

At all relevant times, Defendant, Southwest Airlines Co. ("Defendant

13 Employer"), has continuously been doing business in the State of California and the city of

14 Oakland and has continuously had at least fifteen employees.

15

5.

At all relevant times, Defendant Employer has continuously been an employer

16 engaged in an indu st ry affecting commerce within the meaning of section 701(b), (g), and (h) of

17 Title VII. 42 U.S.c. §2000e-(b), (g), and (h).

18

STATEMENT OF CLAIMS

19

6.

More than thirty days prior to the institution of this lawsuit, Adriana Martin filed

vn 20 a charge of discrimination with the EEOC alleging violations of Title by Defendant

21 Employer. All conditions precedent to the institution of this lawsuit have been fulfilled.

22

7.

Since at least 200 I, Defendant Employer has engaged in unlawful practices at its

23 Oakland, California facility in violation of section 703(a)( I) of Title VII, 42 U.S.c. §2000e-2(a).

24 These practices include subjecting Ms Adriana Martin and other similarly situated employees to

25 sex ual harassment <lnd to an offensive, abusive, intimidating and hostile work environment based

26 on their sex, female.

27

8.

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

28 deprive Adriana Martin and others of equal employment opportunities and otherwise to

(O,\IPLAINT
EEOC v. Southwest Airlines Co. 2

Case 3:06-cv-05989-JSW Document 1 Filed 09/27/2006 Page 3 of 4

adversely affect their status as employees because of their sex, female.

2

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

3

are intentional.

4

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

5

arc done with malice and/or reckless indifference to the federally protected rights of Adriana

6

Martin and other simi larly situated women.

7

PRAYER FOR RELIEF

8

WHEREFORE, the Commission respectfully requests that this Court:

9

A. Grant a permanent injunction enjoining Defendant Employer, its officers,

10 successors, assigns, and all persons in active concert or participation with it, from engaging in

II sexual harassment, sex-based harassment, sex discrimination and any other employment practice

12 which discriminates on the basis of sex.

13

B. Order Defendant Employer to institute and carry out policies, practices, and

14 programs which prov ide equal employment opportunities for female employees and which

15 eradicate the effects of its past and present unlawful employment practices.

16

c

Order Defendant Employer to make whole any women similarly situated to Ms.

17 Martin who lost pay , by providing appropriate backpay with prejudgment interest, in amounts to

18 be determined at trial. and oth er affirmative relief necessary to eradicate the effects of its

19 unlawful employment practices, including but not limited to reinstatement or front pay as

20 appropriate

21

o. Order Defendant Employer to make whole Adriana Martin and other similarly

22 situated women by providing compensation for past and future pecuniary losses resulting from

23 the unlawful employment practices described above, with interest, in amounts to be determined

24 at trial.

25

E. Order Defendant Employer \0 make whole Adriana Martin and other similarly

26 situated women by provid ing compensation for past and future non-pecuniary losses caused by

27 the above unlawful conduct, including pain and suffering, emotional distress, indi gni ty, loss of

28 enjoyment of li fe, loss of self-esteem. and humiliation, in amounts to be determined at trial.

CO,\1!'LAINT
EEOC v. Sout hwest Airlines Co. 3

Case 3:06-cv-05989-JSW Document 1 Filed 09/27/2006 Page 4 of 4

F. Order Defendant Employer to pay Adriana Martin and other sim il arly situated

2 women punitive damages for its maliciolls and reckless conduct described above, in amounts to

3

be deternlined al trial.

4

G. Grant such further relief as the Court deems proper.

5

H. Award the EEOC its costs in thi s action.

6

JURY TRIAL DEMAND

7

The EEOC requests a jury trial on all questions of fact raised by its complaint.

8

Respectfully submitted,

9
10 II 12
13
14 15 16
/d 17 Dated ~)'t1; t
18 19 20 21
22 Dated: ( / JG/OG
23 24
25
26

RONALD COOPER GENERAL COUNSEL
JAMES L LEE DEPUTY GENERAL COUNSEL
GWENDOLYN YOUNG REAMS ASSOC IATE GENERAL COUNSEL
EQUAL EMPLOYMENT OPPORTUNITY COM MISSION
1801 LStreet,N.W. Washington, DC 20507

~
~Q~'

rc----

DA VID F. OFFEi<I¥ OWN Supervisory Trial Attorney

/Lr:,,-J~

RAYMONDT.C HEUNG A~

Trial Attorney

/

EQUAL EMPLOYMENT OPPORTUN ITY COMM ISSION San Francisco District Office

27

28

CO~1PL'INT
EEOC v. Southwest Ai rl ines Co. 4

 
 Case 3:06-cv-05989-JSW Document 6-1 Filed 03/15/2007 Page 1 of 8

1 WILLIAM R. TAMAYO - #084965 (CA) JONATHAN T. PECK - #123023 (VA)
2 RAYMOND T. CHEUNG - #176086 (CA) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 San Francisco District Office 350 The Embarcadero, Suite 500
4 San Francisco, CA 94105 Telephone: (415) 625-5646
5 Facsimile: (415) 625-5657

6 Attorneys for Plaintiff

7

8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

11 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
12 Plaintiff,
13 v.
14 SOUTHWEST AIRLINES CO.,
15 Defendant.
16

CIV. NO. C-06-5989 JSW CONSENT DECREE

17

18

1. Plaintiff U.S. Equal Employment Opportunity Commission ("Commission" or

19 "EEOC") brought this lawsuit under Title VII of the Civil Rights Act of 1964 and Title I of the

20 Civil Rights Act of 1991, to correct alleged unlawful employment practices on the basis of sexual

21 harassment and to make whole Charging Party Adriana Martin and other similarly situated

22 employees of the defendant aggrieved by the unlawful practices. Plaintiff alleged that Defendant

23 Southwest Airlines Co. (hereinafter "Southwest" or "the Company") unlawfully subjected Ms.

24 Martin and others to a sexually hostile work environment.

25

2. Southwest denies these allegations.

26

3. In the interest of resolving this matter, and as a result of having engaged in

27 comprehensive settlement negotiations, the Commission and Southwest (hereinafter referred to as

28 "the Parties") have agreed that this action should be finally resolved by entry of this Consent

EEOC v. Southwest Airlines: Consent Decree

1

Case No. C06 5989 JSW

Case 3:06-cv-05989-JSW Document 6-1 Filed 03/15/2007 Page 2 of 8

1 Decree. This Consent Decree shall not constitute an adjudication and/or finding on the merits of

2 the case.

3

4. The parties agree that this Consent Decree resolves all claims arising out of Ms.

4 Martin's EEOC charge, Tira Island’s and Radmilla Drca’s claims as class members, and the

5 complaint filed in this action, and constitutes a complete resolution of all claims of sexual

6 harassment under Title VII that were made or could have been made by the Commission in this

7 action. This Consent Decree does not, however, resolve any future charges or charges that may

8 be pending with the EEOC other than the charge specifically referenced in this paragraph. There

9 are no current charges pending pertaining to Southwest’s Oakland station.

10

5. This Consent Decree comprises the full and exclusive agreement of the Parties

11 with respect to the matters discussed herein. No waiver, modification or amendment of any

12 provision of this Consent Decree shall be effective unless made in writing and approve by all the

13 Parties to this Decree, except that any substantive change, modification or amendment of any

14 provision of this Consent Decree shall require approval by the Court.

15

NOW, THEREFORE, in consideration of the mutual promises and agreements set forth

16 herein, the sufficiency of which is hereby acknowledged, IT IS ORDERED, ADJUDGED AND

17 DECREED that:

18

6. This Court has jurisdiction over the subject matter and the parties to this action.

19 This Court will retain jurisdiction over this Decree for all purposes until the expiration of the

20 Consent Decree.

21

7. The entry of this Consent Decree will further the objectives of Title VII and will

22 be in the best interest of the Parties, those for whom EEOC seeks relief and the public.

23

8. This Consent Decree is final and binding upon the Parties, their successors and

24 assigns.

25

9. Each Party shall bear its own costs and attorney fees.

26

General Injunctive Relief

27

10. Harassment: Southwest and its officers, agents, and managers in Oakland

28 provisioning (including supervisory employees) are enjoined from discrimination against female

EEOC v. Southwest Airlines: Consent Decree

2

Case No. C06 5989 JSW

Case 3:06-cv-05989-JSW Document 6-1 Filed 03/15/2007 Page 3 of 8

1 employees in Oakland provisioning pertaining to the terms and conditions of their employment

2 based upon the female employees’ sex.

3

11. Retaliation: Southwest and its Oakland Provisioning Department officers, agents,

4 and/or managers (including supervisory employees) are enjoined from engaging in, implementing

5 or permitting any action, policy or practice with the purpose of retaliating against any current or

6 former employee who (a) testified or participated in any manner in any investigation (including,

7 without limitation, any internal investigation undertaken by Southwest ), proceeding or hearing in

8 connection with this case (b) was identified as a possible witness in this action; (c) asserted any

9 rights under this Consent Decree; or (d) sought and/or received any monetary or non-monetary

10 relief in accordance with this Consent Decree.

11

Monetary Relief

12

12. For purposes of this decree, the term "Claimants" refers to Adriana Martin, Tira

13 Island and Radmilla Drca who the EEOC determined were entitled to recover monetary relief

14 pursuant to this Decree. It is expressly agreed by the Parties that no other individuals are entitled

15 to any monetary relief under the terms of this decree or stemming from the complaint filed in this

16 lawsuit.

17

13. In settlement of the EEOC's claims, Southwest will pay three claimants the gross

18 sum of $100,000 in non-pecuniary damages, the allocation of which to be determined by the

19 EEOC.

20

14. The above settlement amount for the claimants shall be issued in checks drafted in

21 their name and mailed to their address as provided by the EEOC. Southwest shall make payment

22 in the form of a business check, cashier's check, or certified check. Southwest also will issue an

23 IRS Form 1099 to each claimant for the above payment.

24

a. Southwest will mail a copy of each check and IRS Form 1099 to Jonathan

25 T. Peck, Supervisory Trial Attorney for the EEOC, at 350 The Embarcadero, San Francisco, CA

26 94105.

27

15. Payment shall be made no later than thirty (30) days after entry of the Consent

28 Decree.

EEOC v. Southwest Airlines: Consent Decree

3

Case No. C06 5989 JSW

Case 3:06-cv-05989-JSW Document 6-1 Filed 03/15/2007 Page 4 of 8

1

Specific Injunctive Relief

2

16. Harassment Policy.

3

a. Southwest shall enhance its harassment policy which currently states in

4

part “All complaints will be investigated promptly, impartially, and discreetly and, upon

5

completion of the investigation, the appropriate parties will be notified immediately of the

6

findings” to provide “All complaints will be investigated promptly, impartially, and

7

discreetly and, upon completion of the investigation, the appropriate parties including the

8

complainant will be notified immediately of the investigation results”.

9

b. Southwest shall submit a copy of the revised harassment policy to the

10

EEOC at the same time it submits its first report on the completion of training, as

11

described below.

12

c. Oakland provisioning employees will be provided with a hard copy of the

13

enhanced sexual harassment policy mailed to the address contained within their employee

14

files within 30 days after the decree is executed. All other Southwest employees will be

15

provided the enhanced sexual harassment policy by way of Southwest’s employee intranet

16

within 30 days after the decree is executed. The intranet site will inform the employees

17

when they log onto the site that the sexual harassment policy has been enhanced and

18

provide them with the appropriate link to read and print the policy.

19

Training

20

17. Training of Managers. Within 120 days of entry of this Consent Decree,

21 Southwest shall provide at least two (2) hours of harassment and retaliation training for all its

22 managers and supervisors employed in the Provisioning Department located at the Oakland,

23 California airport facility. The training shall be conducted by persons who are well-versed and

24 experienced in the area of employment discrimination under Federal and State law. The cost of

25 said training shall be borne by Southwest.

26

18. Acknowledgment of Training Attendance. All persons attending mandatory anti-

27 harassment training pursuant to this Consent Decree shall sign an acknowledgment of their

28

EEOC v. Southwest Airlines: Consent Decree

4

Case No. C06 5989 JSW

Case 3:06-cv-05989-JSW Document 6-1 Filed 03/15/2007 Page 5 of 8

1 attendance at the training, the date thereof, and their position with the company. Southwest shall

2 retain the originals of these acknowledgments and provide the EEOC with copies thereof.

3

Supervisory Accountability

4

19. Communication of Potential Discipline for Engaging in Harassment. Southwest

5 certifies that it maintains and will continue to maintain throughout the duration of the decree is

6 policy on “HARASSMENT OR DISCRIMINATION” and “SEXUAL HARASSMENT” which

7 provides that “Violations of this policy may result in corrective action, up to an including

8 termination.” In addition, Southwest shall advise all managers and supervisors at the Oakland,

9 CA Provisioning Department of their duty to actively monitor their work areas to ensure

10 employee compliance with the company's anti-harassment policies, and to report any incidents

11 and/or complaints of harassment and/or retaliation of which they become aware to the department

12 charged with handling such complaints.

13

Expungement of Records and Disclosure of Information

Regarding Claimants' Employment 14

15

20. Southwest shall not disclose any information or make references to any charges of

16 discrimination or this lawsuit in responding to employment reference requests for information

17 about any of the Claimants.

18

21. Southwest shall expunge from Claimants' personnel files any references to a

19 charge of discrimination and this lawsuit.

20

22. Southwest shall not disclose in response to inquiries from potential employers any

21 information regarding any Claimants' employment with Southwest except as follows:

22

a. In response to a specific inquiry, Southwest may disclose the Claimant's

23

dates of employment, position held and rates of pay as requested;

24

b. Southwest may report any information as required to state or federal

25 authorities;

26

c. Southwest may disclose any information under Court order;

27

d. Reference requests shall be handled by calling a Southwest verification

28 specialist in Dallas at 1-800-764-0059.

EEOC v. Southwest Airlines: Consent Decree

5

Case No. C06 5989 JSW

Case 3:06-cv-05989-JSW Document 6-1 Filed 03/15/2007 Page 6 of 8

1

Report to the Commission

2

23. Training Report: Within thirty (30) days of completion of the training required

3 by this Consent Decree, Southwest will send the EEOC verification of its completion of

4 harassment training for its managers and supervisors, including a copy of the course syllabus,

5 outline or Power Point slides for the training and any materials distributed.

6

24. Sexual Harassment Complaint Reports: Six (6) months after entry of this

7 Decree, and thirty (30) days before the expiration of the Decree, Southwest will mail to Jonathan

8 T. Peck, Supervisory Trial Attorney for the EEOC, at 350 The Embarcadero, San Francisco, CA

9 94105 a report containing the following information and documentation covering the period:

10

a. Copies of all sexual harassment complaints made during the reporting period at the

11 Oakland Provisioning Department, and a statement as to each regarding the investigation of such

12 complaints. Additionally, Southwest will identify the name, address and telephone number of the

13 complainant and identify the person to whom the initial complaint was made.

14

b. Southwest also will detail the results of any investigation into sexual harassment in

15 the Oakland Provisioning Department that it has undertaken including any discipline issued. A

16 copy of all records, documents and other writings relevant to such complaints and investigations

17 shall be maintained by Southwest during the period of the Consent Decree and will be made

18 available to the Commission, except documents protected by the attorney client or attorney work

19 product privilege within ten (10) days following a written request from the Commission to

20 Southwest's counsel.

21

Retention of Jurisdiction and Expiration of Consent Decree

22

25. This Consent Decree shall terminate twelve (12) months from the date of entry by

23 the court, unless the Commission petitions this court for an extension of the Decree because of

24 noncompliance by Southwest. Once terminated, this matter will be fully resolved in all aspects.

25 If the Commission determines that Southwest has not complied with the Consent Decree, the

26 Commission will provide written notification of the alleged breach to Southwest and will not

27 petition the court for enforcement sooner than thirty (30) days after providing written notification.

28 The thirty-day period following written notice shall be used by the parties for good faith efforts to

EEOC v. Southwest Airlines: Consent Decree

6

Case No. C06 5989 JSW

Case 3:06-cv-05989-JSW Document 6-1 Filed 03/15/2007 Page 7 of 8

1 resolve the issue. If the Commission petitions the court and the court finds Southwest to be in

2 substantial violation of the terms of the Decree, the court may extend this Consent Decree.

3

26. Except as provided in the preceding paragraph, twelve (12) months after the entry

4 of this Consent Decree, this lawsuit will automatically expire, provided that Southwest has

5 complied substantially with the terms of this Consent Decree. Southwest will be deemed to have

6 complied substantially if the Court has not made any findings or orders during the term of the

7 Decree that Southwest has failed to comply with any of the terms of this Decree.

8

Respectfully submitted,

9

RONALD S. COOPER, General Counsel,

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

10

1801 L Street, N.W.

Washington, D.C. 20507

11

WILLIAM R. TAMAYO

12

JONATHAN T. PECK

RAYMOND T. CHEUNG

13

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

San Francisco District Office

14

350 The Embarcadero, Suite 500

San Francisco, CA 94105

15

16 Dated: 3/12/07 17
18 Dated:3/9/07
19
20

/s/ WILLIAM R. TAMAYO Regional Attorney
/s/ JONATHAN T. PECK Supervisory Trial Attorney

21 Dated:3/12/07 22 23 24

/s/ RAYMOND T. CHEUNG Senior Trial Attorney
ANGELA E. DOTSON MORRISON & FOERSTER, LLP

25 Dated: 3/15/07 26 27

/s/ ANGELA E. DOTSON Attorneys for Southwest Airlines Co.

28

EEOC v. Southwest Airlines: Consent Decree

7

Case No. C06 5989 JSW

Case 3:06-cv-05989-JSW Document 6-1 Filed 03/15/2007 Page 8 of 8

1 IT IS SO ORDERED:

2

3 Dated: 4

United States District Judge

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

EEOC v. Southwest Airlines: Consent Decree

8

Case No. C06 5989 JSW

 
 CCaassee33:0:066-c-cvv-0-055998899-J-JSSWW DDooccuummeennt t67-1 FFileiledd0033/1/165/2/2000077 PPaaggee11oof f88

1 WILLIAM R. TAMAYO - #084965 (CA) JONATHAN T. PECK - #123023 (VA)
2 RAYMOND T. CHEUNG - #176086 (CA) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 San Francisco District Office 350 The Embarcadero, Suite 500
4 San Francisco, CA 94105 Telephone: (415) 625-5646
5 Facsimile: (415) 625-5657

6 Attorneys for Plaintiff

7

8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

11 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
12 Plaintiff,
13 v.
14 SOUTHWEST AIRLINES CO.,
15 Defendant.
16

CIV. NO. C-06-5989 JSW CONSENT DECREE

17

18

1. Plaintiff U.S. Equal Employment Opportunity Commission ("Commission" or

19 "EEOC") brought this lawsuit under Title VII of the Civil Rights Act of 1964 and Title I of the

20 Civil Rights Act of 1991, to correct alleged unlawful employment practices on the basis of sexual

21 harassment and to make whole Charging Party Adriana Martin and other similarly situated

22 employees of the defendant aggrieved by the unlawful practices. Plaintiff alleged that Defendant

23 Southwest Airlines Co. (hereinafter "Southwest" or "the Company") unlawfully subjected Ms.

24 Martin and others to a sexually hostile work environment.

25

2. Southwest denies these allegations.

26

3. In the interest of resolving this matter, and as a result of having engaged in

27 comprehensive settlement negotiations, the Commission and Southwest (hereinafter referred to as

28 "the Parties") have agreed that this action should be finally resolved by entry of this Consent

EEOC v. Southwest Airlines: Consent Decree

1

Case No. C06 5989 JSW

CCaassee33:0:066-c-cvv-0-055998899-J-JSSWW DDooccuummeennt t67-1 FFileiledd0033/1/165/2/2000077 PPaaggee22oof f88

1 Decree. This Consent Decree shall not constitute an adjudication and/or finding on the merits of

2 the case.

3

4. The parties agree that this Consent Decree resolves all claims arising out of Ms.

4 Martin's EEOC charge, Tira Island’s and Radmilla Drca’s claims as class members, and the

5 complaint filed in this action, and constitutes a complete resolution of all claims of sexual

6 harassment under Title VII that were made or could have been made by the Commission in this

7 action. This Consent Decree does not, however, resolve any future charges or charges that may

8 be pending with the EEOC other than the charge specifically referenced in this paragraph. There

9 are no current charges pending pertaining to Southwest’s Oakland station.

10

5. This Consent Decree comprises the full and exclusive agreement of the Parties

11 with respect to the matters discussed herein. No waiver, modification or amendment of any

12 provision of this Consent Decree shall be effective unless made in writing and approve by all the

13 Parties to this Decree, except that any substantive change, modification or amendment of any

14 provision of this Consent Decree shall require approval by the Court.

15

NOW, THEREFORE, in consideration of the mutual promises and agreements set forth

16 herein, the sufficiency of which is hereby acknowledged, IT IS ORDERED, ADJUDGED AND

17 DECREED that:

18

6. This Court has jurisdiction over the subject matter and the parties to this action.

19 This Court will retain jurisdiction over this Decree for all purposes until the expiration of the

20 Consent Decree.

21

7. The entry of this Consent Decree will further the objectives of Title VII and will

22 be in the best interest of the Parties, those for whom EEOC seeks relief and the public.

23

8. This Consent Decree is final and binding upon the Parties, their successors and

24 assigns.

25

9. Each Party shall bear its own costs and attorney fees.

26

General Injunctive Relief

27

10. Harassment: Southwest and its officers, agents, and managers in Oakland

28 provisioning (including supervisory employees) are enjoined from discrimination against female

EEOC v. Southwest Airlines: Consent Decree

2

Case No. C06 5989 JSW

CCaassee33:0:066-c-cvv-0-055998899-J-JSSWW DDooccuummeennt t67-1 FFileiledd0033/1/165/2/2000077 PPaaggee33oof f88

1 employees in Oakland provisioning pertaining to the terms and conditions of their employment

2 based upon the female employees’ sex.

3

11. Retaliation: Southwest and its Oakland Provisioning Department officers, agents,

4 and/or managers (including supervisory employees) are enjoined from engaging in, implementing

5 or permitting any action, policy or practice with the purpose of retaliating against any current or

6 former employee who (a) testified or participated in any manner in any investigation (including,

7 without limitation, any internal investigation undertaken by Southwest ), proceeding or hearing in

8 connection with this case (b) was identified as a possible witness in this action; (c) asserted any

9 rights under this Consent Decree; or (d) sought and/or received any monetary or non-monetary

10 relief in accordance with this Consent Decree.

11

Monetary Relief

12

12. For purposes of this decree, the term "Claimants" refers to Adriana Martin, Tira

13 Island and Radmilla Drca who the EEOC determined were entitled to recover monetary relief

14 pursuant to this Decree. It is expressly agreed by the Parties that no other individuals are entitled

15 to any monetary relief under the terms of this decree or stemming from the complaint filed in this

16 lawsuit.

17

13. In settlement of the EEOC's claims, Southwest will pay three claimants the gross

18 sum of $100,000 in non-pecuniary damages, the allocation of which to be determined by the

19 EEOC.

20

14. The above settlement amount for the claimants shall be issued in checks drafted in

21 their name and mailed to their address as provided by the EEOC. Southwest shall make payment

22 in the form of a business check, cashier's check, or certified check. Southwest also will issue an

23 IRS Form 1099 to each claimant for the above payment.

24

a. Southwest will mail a copy of each check and IRS Form 1099 to Jonathan

25 T. Peck, Supervisory Trial Attorney for the EEOC, at 350 The Embarcadero, San Francisco, CA

26 94105.

27

15. Payment shall be made no later than thirty (30) days after entry of the Consent

28 Decree.

EEOC v. Southwest Airlines: Consent Decree

3

Case No. C06 5989 JSW

CCaassee33:0:066-c-cvv-0-055998899-J-JSSWW DDooccuummeennt t67-1 FFileiledd0033/1/165/2/2000077 PPaaggee44oof f88

1

Specific Injunctive Relief

2

16. Harassment Policy.

3

a. Southwest shall enhance its harassment policy which currently states in

4

part “All complaints will be investigated promptly, impartially, and discreetly and, upon

5

completion of the investigation, the appropriate parties will be notified immediately of the

6

findings” to provide “All complaints will be investigated promptly, impartially, and

7

discreetly and, upon completion of the investigation, the appropriate parties including the

8

complainant will be notified immediately of the investigation results”.

9

b. Southwest shall submit a copy of the revised harassment policy to the

10

EEOC at the same time it submits its first report on the completion of training, as

11

described below.

12

c. Oakland provisioning employees will be provided with a hard copy of the

13

enhanced sexual harassment policy mailed to the address contained within their employee

14

files within 30 days after the decree is executed. All other Southwest employees will be

15

provided the enhanced sexual harassment policy by way of Southwest’s employee intranet

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within 30 days after the decree is executed. The intranet site will inform the employees

17

when they log onto the site that the sexual harassment policy has been enhanced and

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provide them with the appropriate link to read and print the policy.

19

Training

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17. Training of Managers. Within 120 days of entry of this Consent Decree,

21 Southwest shall provide at least two (2) hours of harassment and retaliation training for all its

22 managers and supervisors employed in the Provisioning Department located at the Oakland,

23 California airport facility. The training shall be conducted by persons who are well-versed and

24 experienced in the area of employment discrimination under Federal and State law. The cost of

25 said training shall be borne by Southwest.

26

18. Acknowledgment of Training Attendance. All persons attending mandatory anti-

27 harassment training pursuant to this Consent Decree shall sign an acknowledgment of their

28

EEOC v. Southwest Airlines: Consent Decree

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1 attendance at the training, the date thereof, and their position with the company. Southwest shall

2 retain the originals of these acknowledgments and provide the EEOC with copies thereof.

3

Supervisory Accountability

4

19. Communication of Potential Discipline for Engaging in Harassment. Southwest

5 certifies that it maintains and will continue to maintain throughout the duration of the decree is

6 policy on “HARASSMENT OR DISCRIMINATION” and “SEXUAL HARASSMENT” which

7 provides that “Violations of this policy may result in corrective action, up to an including

8 termination.” In addition, Southwest shall advise all managers and supervisors at the Oakland,

9 CA Provisioning Department of their duty to actively monitor their work areas to ensure

10 employee compliance with the company's anti-harassment policies, and to report any incidents

11 and/or complaints of harassment and/or retaliation of which they become aware to the department

12 charged with handling such complaints.

13

Expungement of Records and Disclosure of Information

Regarding Claimants' Employment 14

15

20. Southwest shall not disclose any information or make references to any charges of

16 discrimination or this lawsuit in responding to employment reference requests for information

17 about any of the Claimants.

18

21. Southwest shall expunge from Claimants' personnel files any references to a

19 charge of discrimination and this lawsuit.

20

22. Southwest shall not disclose in response to inquiries from potential employers any

21 information regarding any Claimants' employment with Southwest except as follows:

22

a. In response to a specific inquiry, Southwest may disclose the Claimant's

23

dates of employment, position held and rates of pay as requested;

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b. Southwest may report any information as required to state or federal

25 authorities;

26

c. Southwest may disclose any information under Court order;

27

d. Reference requests shall be handled by calling a Southwest verification

28 specialist in Dallas at 1-800-764-0059.

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1

Report to the Commission

2

23. Training Report: Within thirty (30) days of completion of the training required

3 by this Consent Decree, Southwest will send the EEOC verification of its completion of

4 harassment training for its managers and supervisors, including a copy of the course syllabus,

5 outline or Power Point slides for the training and any materials distributed.

6

24. Sexual Harassment Complaint Reports: Six (6) months after entry of this

7 Decree, and thirty (30) days before the expiration of the Decree, Southwest will mail to Jonathan

8 T. Peck, Supervisory Trial Attorney for the EEOC, at 350 The Embarcadero, San Francisco, CA

9 94105 a report containing the following information and documentation covering the period:

10

a. Copies of all sexual harassment complaints made during the reporting period at the

11 Oakland Provisioning Department, and a statement as to each regarding the investigation of such

12 complaints. Additionally, Southwest will identify the name, address and telephone number of the

13 complainant and identify the person to whom the initial complaint was made.

14

b. Southwest also will detail the results of any investigation into sexual harassment in

15 the Oakland Provisioning Department that it has undertaken including any discipline issued. A

16 copy of all records, documents and other writings relevant to such complaints and investigations

17 shall be maintained by Southwest during the period of the Consent Decree and will be made

18 available to the Commission, except documents protected by the attorney client or attorney work

19 product privilege within ten (10) days following a written request from the Commission to

20 Southwest's counsel.

21

Retention of Jurisdiction and Expiration of Consent Decree

22

25. This Consent Decree shall terminate twelve (12) months from the date of entry by

23 the court, unless the Commission petitions this court for an extension of the Decree because of

24 noncompliance by Southwest. Once terminated, this matter will be fully resolved in all aspects.

25 If the Commission determines that Southwest has not complied with the Consent Decree, the

26 Commission will provide written notification of the alleged breach to Southwest and will not

27 petition the court for enforcement sooner than thirty (30) days after providing written notification.

28 The thirty-day period following written notice shall be used by the parties for good faith efforts to

EEOC v. Southwest Airlines: Consent Decree

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1 resolve the issue. If the Commission petitions the court and the court finds Southwest to be in

2 substantial violation of the terms of the Decree, the court may extend this Consent Decree.

3

26. Except as provided in the preceding paragraph, twelve (12) months after the entry

4 of this Consent Decree, this lawsuit will automatically expire, provided that Southwest has

5 complied substantially with the terms of this Consent Decree. Southwest will be deemed to have

6 complied substantially if the Court has not made any findings or orders during the term of the

7 Decree that Southwest has failed to comply with any of the terms of this Decree.

8

Respectfully submitted,

9

RONALD S. COOPER, General Counsel,

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

10

1801 L Street, N.W.

Washington, D.C. 20507

11

WILLIAM R. TAMAYO

12

JONATHAN T. PECK

RAYMOND T. CHEUNG

13

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

San Francisco District Office

14

350 The Embarcadero, Suite 500

San Francisco, CA 94105

15

16 Dated: 3/12/07 17
18 Dated:3/9/07
19
20

/s/ WILLIAM R. TAMAYO Regional Attorney
/s/ JONATHAN T. PECK Supervisory Trial Attorney

21 Dated:3/12/07 22 23 24

/s/ RAYMOND T. CHEUNG Senior Trial Attorney
ANGELA E. DOTSON MORRISON & FOERSTER, LLP

25 Dated: 3/15/07 26 27

/s/ ANGELA E. DOTSON Attorneys for Southwest Airlines Co.

28

EEOC v. Southwest Airlines: Consent Decree

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This case shall be terminated and will only be re-opened in 1 IT IS SO ORDERED: compliance with the provisions of this Consent Decree.

2 March 16, 2007
3 Dated:
4

United States District Judge

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EEOC v. Southwest Airlines: Consent Decree

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Case No. C06 5989 JSW

 
 CAND-ECF - Docket Report

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ADRMOP, CLOSED, E-Filing
U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:06-cv-05989-JSW

Equal Employment Opportunity Commission v. Southwest Airlines Co. Assigned to: Hon. Jeffrey S. White Cause: 28:451 Employment Discrimination

Date Filed: 09/27/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Raymond T. Cheung US EEOC 350 The Embarcadero, Suite 500 San Francisco, CA 94105-1260 415-625-5600 Fax: 415-625-5657 Email: raymond.cheung@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

David F. Offen-Brown U.S. EEOC 350 The Embarcadero Suite 500 San Francisco, CA 94105-1260 (415) 625-5652 Fax: (415) 625-5657 Email: David.Offen-Brown@eeoc.gov ATTORNEY TO BE NOTICED

William Robert Tamayo U.S. EEOC 350 Embarcadero Street Suite 500 San Francisco, CA 94105-1687 415-625-5645 Fax: 415-625-5657 Email: william.tamayo@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant Southwest Airlines Co.

represented by Angela E. Dotson Morrison & Foerster LLP 555 West Fifth Street

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Suite 3500 Los Angeles, CA 90013 213/892-5252 Fax: 213/892-5454 Email: adotson@mofo.com ATTORNEY TO BE NOTICED
Tom E. Wilson Morrison & Foerster LLP 755 Page Mill Road Palo Alto, CA 94304-1018 (415)354-1504 Email: twilson@mofo.com ATTORNEY TO BE NOTICED

Date Filed 09/27/2006
09/27/2006 09/27/2006 09/27/2006 09/28/2006
11/17/2006
11/21/2006
11/21/2006

#

Docket Text

1 COMPLAINT against Southwest Airlines Co. (Filing fee $ waived). Filed byEqual Employment Opportunity Commission. (hdj, COURT STAFF) (Filed on 9/27/2006) Additional attachment(s) added on 9/29/2006 (hdj, COURT STAFF). (Entered: 09/28/2006)
2 ADR SCHEDULING ORDER: Case Management Statement due by 2/16/2007. Case Management Conference set for 2/23/2007 01:30 PM. (Attachments: # 1)(hdj, COURT STAFF) (Filed on 9/27/2006) (Entered: 09/28/2006)
Summons Issued as to Southwest Airlines Co.. (hdj, COURT STAFF) (Filed on 9/27/2006) (Entered: 09/28/2006)
CASE DESIGNATED for Electronic Filing. (hdj, COURT STAFF) (Filed on 9/27/2006) (Entered: 09/28/2006)
3 INITIAL SCHEDULING CONFERENCE ORDER: Case Management Conference set for 2/23/2007 01:30 PM. Case Management Statement due by 2/16/2007.. Signed by Judge Jeffrey S. White on 9/28/06. (jjo, COURT STAFF) (Filed on 9/28/2006) (Entered: 09/28/2006)
4 STIPULATION AND [PROPOSED] ORDER TO SUSPEND DISCOVERY AND CONTINUE OTHER DEADLINES PENDING EARLY MEDIATION by Southwest Airlines Co.. (Attachments: # 1 Proposed Order)(Wilson, Tom) (Filed on 11/17/2006) (Entered: 11/17/2006)
5 ORDER GRANTING 4 Stipulation TO SUSPEND DISCOVERY AND CONTINUE OTHER DEADLINES PENDING EARLY MEDIATION. Signed by Judge Jeffrey S. White on 11/21/06. (jjo, COURT STAFF) (Filed on 11/21/2006) (Entered: 11/21/2006)
Set/Reset Hearings: Case Management Conference set for 4/27/2007 01:30 PM. (hdj, COURT STAFF) (Filed on 11/21/2006) (Entered: 11/22/2006)

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6 Proposed Order Consent Decree by Southwest Airlines Co.. (Attachments: # 1 Signature Page (Declarations/Stipulations) Attorney Attestation and Signature Page)(Dotson, Angela) (Filed on 3/15/2007) (Entered: 03/15/2007)
7 ORDER Approving 6 Consent Decree. Signed by Judge Jeffrey S. White on March 16, 2007. (jswlc2, COURT STAFF) (Filed on 3/16/2007) (Entered: 03/16/2007)

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