Case 2:06-cv-00751-DAK Document 2-1 Filed 09/11/2006 Page 1 of 7

BRETT L. TOLMAN, U.S. Attorney (#8821) STEPHEN J. SORENSON, Assistant U.S. Attorney (#3049) Attorneys for the United States of America 185 South State Street, #400 Salt Lake City, Utah 84111 Telephone: (801) 524-5682 EmaiI: Stephen.Sorenson@usdoj.gov Associated Local Counsel
Mary Jo O'Neill Az #005924 (Pro Hac Vice) Sally C. Shanley AZ# 012251 (Pro Hac Vice) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Phoenix District Office 3300 North Central Avenue, Suite 690 Phoenix, Arizona 85012 Telephone: (602) 640-5032 Email: mary.oneill@eeoc.gov
sally.shanley@eeoc.gov
Loretta Medina NM#5410 (Pro Hac Vice) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Albuquerque Area Office 505 Marquette NW, Suite 900 Albuquerque, New Mexico 87102-2189 Email: loretta.medina@eeoc.gov
Attorneys for Plaintiff
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

Equal Employment Opportunity

Commission,

)

Plaintiff,
VS.
Hamlet Development Corp., Hamlet Homes Corp., Stirling Mortgage Corp., and Diversified Habitats 1, L.L.C., ("the Hamlet CompaniesJJ),
Defendants.

) COMPLAINT AND JURY TRIAL DEMAND
) ) CASE K). 2:0fKW51 WK
)

Case 2:06-cv-00751-DAK Document 2-1 Filed 09/11/2006 Page 2 of 7
NATURE OF ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct alleged unlawful employment practices on the bases of sex and retaliation and to provide appropriate relief to Julie Williams Sparks and a class of females who were adversely affected by such practices. Ms. Williams Sparks and other female ernployees were discriminated against by Defendants when they were sexually harassed by the owner and President of Hamlet Homes. In addition, Ms. Williams Sparks was subjected to retaliatory discharge because she opposed the harassment.
JURISDICTION AND VENUE 1. Jurisdictionof this Court is invoked pursuant to 28 U.S.C. $$451,1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Sections 706(f)(l)
and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. $8 2000e-
5(f)(l) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. $ 1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Utah, Central Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is

Case 2:06-cv-00751-DAK Document 2-1 Filed 09/11/2006 Page 3 of 7
the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Sections 706(f)(l) and (3) of Title VII, 42 U.S.C. $ 2000e-5(f)(l) and (3). 4. At all relevant times, Defendants Harrllet Development Corp., Hamlet Homes, Corp., Stirling Mortgage Corp. and Diversified Habitats 1, L.L.C. (collectively "Defendants" or "the Hamlet Companies"), have been an integrated enterprise doing business as the Harrllet Companies. At all relevant times, Defendants have been Utah corporation(s)doing business in the State of Utah and the cities of Salt Lake and Murray and have continuously had at least 15 employees. 5. At all relevant times, Defendants have continuously been employers engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of
Title VII, 42 U.S.C. $4 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Julie Williams Sparks filed a charge with the Commission alleging violations of Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled 7. Since at least September, 2002, Defendants have engaged in unlawful employment practices at their Utah facility, in violation of Section 703(a) of Title VII, 42 U.S.C. $ 2000e-2(a), by subjecting Ms. Williams Sparks and a class of female employees to a hostile work environment due to sexual harassment. The sexual

Case 2:06-cv-00751-DAK Document 2-1 Filed 09/11/2006 Page 4 of 7
harassment included but is not limited to: a. unwelcome touching of Ms. Williams Sparks and other females; b. unwelcome provocative comments or sexual innuendo to Ms. Williams Sparks and other females; C. unwelcome sexual jokes and comments about women's breasts or buttocks; and d. requiring Ms. Williams Sparks and other females to review sexually offensive e-mails as part of their job duties.
8. Since at least January, 2003, Defendant has engaged in unlawful retaliatory
practices in violation of Section 704(a) of Title VII, 42 U.S.C. 4 2000e-3(a). Defendants'
retaliatory conduct included but was not limited to discharging Julie Williams Sparks because she opposed practices made unlawful by Title VII. 9. The effect of the practices complained of in paragraphs 7-8 above has been to deprive Ms. Williams Sparks and a class of females of equal employment opportunities and otherwise adversely affect their status as employees because of their sex and in retaliation for opposing practices made unlawful by Title VII. 10. The unlawful employment practices complained of in paragraphs 7-8 above were and are intentional. 11. The unlawful employment practices complained of in paragraphs 7-8 above were done with malice or with reckless indifference to the federally protected rights of Ms. Williams Sparks and a class of females.

Case 2:06-cv-00751-DAK Document 2-1 Filed 09/11/2006 Page 5 of 7
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns, and all persons in active concert or participation with them from engaging in sexual harassment, retaliation and any other employment practice which discriminates on the basis of sex or retaliation. B. Order Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and those who oppose unlawful employment discrimination, and which eradicate the effects of their past and present unlawful employment practices. C. Order Defendants to make whole Ms. Williams Sparks by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of their unlawful employment practices including, but not limited to, rightful-place reinstatement of Ms. Williams Sparks. D. Order Defendants to make whole Ms. Williams Sparks and a class of females, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, in amounts to be determined at trial. E. Order Defendants to make whole Ms. Williams Sparks and a class of females by providing compensation for past and future non-pecuniary losses resulting

Case 2:06-cv-00751-DAK Document 2-1 Filed 09/11/2006 Page 6 of 7

from the unlawful.practices complained of in paragraphs 7-8 above, including emotional pain, sufferirlg, inconvenience, mental anguish, loss of epjoyment of life, humiliation, and other nonpecuniary losses in amounts to be determined at trial.
F. Order Defendants to pay Ms. Williams Sparks and a class of females punitive damages for their malicious and/or reckless conduct, described in paragraphs 7-8 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. 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 this 7th day of September, 2006.

Brett L. Tolman United States Attorney
slste~henJ. Sorenson Stephen J. Sorenson Civil Chief
UNITED STATES ATTORNEY 185 S. State #400 Salt Lake City, Utah 84111
Associated Local Counsel for Plaintiff

Ronald S. Cooper General Counsel
James L. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507

Case 2:06-cv-00751-DAK Document 2-1 Filed 09/11/2006 Page 7 of 7
sl Marv Jo O'Neill Mary Jo O'Neill Regional Attorney
sISallv C. Shanley Sally C. Shanley Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Phoenix District Office 3300 N. Central Ave., Suite 690 Phoenix, Arizona 85012
s1Loretta Medina Loretta Medina Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Albuquerque Area Office 505 Marquette NW, Suite 900 Albuquerque, New Mexico 87102-2189
Attorneys for Plaintiff

 
 Mary Jo O’Neill AZ # 005924 Sally C. Shanley AZ# 012251 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Phoenix District Office 3300 North Central Avenue, Suite 690 Phoenix, Arizona 85012 Telephone: (602) 640-5032

Loretta Medina NM# 5410 Veronica Molina EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Albuquerque Area Office 505 Marquette NW, Suite 900 Albuquerque, New Mexico 87102-2189 Email: loretta.medina@eeoc.gov

Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

Equal Employment Opportunity

)

Commission,

)

)

Plaintiff,

)

vs.

)

)

Hamlet Development Corp., Hamlet Homes )

Corp., Stirling Mortgage Corp., and

)

Diversified Habitats 1, L.L.C., (“the Hamlet )

Companies”),

)

)

Defendants,

)

Case No. 2:06-CV-00751 DAK Judge: Dale A. Kimball
CONSENT DECREE

The Commission filed this action against Hamlet Development Corp., Hamlet Homes Corp.,

Stirling Mortgage Corp., and Diversified Habitats 1, L.L.C., collectively referred to herein as the

“Hamlet Companies” to enforce Title VII of the Civil Rights Act of 1964, as amended, 42

U.S.C. §2000e et seq. (“Title VII”) and the Civil Rights Act of 1991, 42 U.S.C. § 1981a. In the

Complaint, the Commission alleged that Charging Party Julie Williams Sparks and a class of

1

females were subjected to a hostile work environment due to sexual harassment in the workplace. In addition, the Commission alleged that Ms. Williams Sparks was discharged from employment in retaliation for her opposition to practices made unlawful by Title VII. The Defendants dispute the charges and deny that they engaged in any wrongful conduct.
The parties do not object to the jurisdiction of the Court over this action and waive their rights to a hearing and the entry of findings of fact and conclusions of law.
The Hamlet Companies consent to the jurisdiction of the Court for purposes of entry and enforcement of this Decree. The Hamlet Companies do not waive any rights to contest in future cases (1) the applicability of any statutes the enforcement of which the EEOC has been given jurisdiction or (2) the jurisdiction of the EEOC in any subsequent matters which may be brought by any other party alleging a violation of any such statutes.
It is hereby ORDERED, ADJUDGED AND DECREED: 1. This decree resolves all claims of the Commission against the Hamlet Companies on behalf of Julie Williams Sparks and the class of females identified in Exhibit A, including claims for back pay, compensatory and punitive damages, interest, injunctive relief, attorney's fees and costs arising out of the issues relating to this lawsuit. 2. The Court has jurisdiction of the subject matter of this action and of the parties. 3. The terms and provisions of the Consent Decree are adequate, fair, reasonable, equitable, and just. The rights of the parties are adequately protected by this Consent Decree. 4. This Consent Decree conforms with the Federal Rules of Civil Procedure and Title VII and is not in derogation of the rights and privileges of any person. The entry of this Consent Decree will further the objectives of Title VII and will be in the best interests of Defendants, the
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Commission and the public.
INJUNCTION 5. The Hamlet Companies, its owners, stockholders, managers, agents, officers, employees, successors and assigns and all persons in active concert or participation with them, are permanently enjoined for the duration of the decree from discriminating against any employee because of his or her sex, including subjecting employees or individuals to sexual harassment. This injunction will remain in effect for the duration of the decree at any facility operated by the Hamlet Companies in the state of Utah. 6. The Hamlet Companies, its owners, stockholders, managers, agents, officers, employees, successors and assigns and all persons in active concert or participation with them, is permanently enjoined for the duration of the decree from retaliating against any employee or individual because the employee or individual has (a) opposed practices made unlawful by Title VII or a state equal employment opportunity statute, (b) filed a charge of discrimination, including sexual harassment, (c) assisted or participated in the filing of a charge of discrimination, including sexual harassment, (d) assisted or participated in an investigation or proceeding under Title VII or a state equal employment opportunity statute, or (e) files an internal complaint of discrimination. This injunction will remain in effect for the duration of the decree at any facility operated by the Hamlet Companies in the state of Utah.
RELIEF TO CHARGING PARTY AND CLASS 7. The Hamlet Companies shall pay the total amount of $174,186.65 payable to Julie Williams Sparks and the class of females as designated in Exhibit A. For the
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payment of back pay to Julie Williams Sparks and Amanda Reed Finn, the Hamlet Companies may make lawful employer deductions for FICA and FUTA as long as such deductions are described in writing to Ms. Williams Sparks and Ms. Reed Finn. For all payments representing compensatory damages for personal injuries, the Hamlet Companies shall issue each payee a form 1099 in the amount of such payment. The Commission retains the sole discretion to apportion the compensatory damage amounts between the eligible class claimants identified in Exhibit A. The settlement checks shall be paid within ten (10) business days after entry of the Consent Decree. In order to receive the payment identified in Exhibit A, the Charging Party and each class member must execute a copy of the Release of Title VII Claims (a copy of which is attached as Exhibit C).
8. The checks provided for in Paragraph 7 and Exhibit A of this Decree shall be made payable to each of the individuals listed in Exhibit A in the amounts designated by the Commission. The checks shall be mailed directly to the Exhibit A list of claimants at the addresses provided by the Commission. Within five (5) days of issuance of the checks, the Hamlet Companies shall submit a copy of the checks and any related correspondence to the Regional Attorney, Equal Employment Opportunity Commission, Albuquerque Area Office, 505 Marquette NW, Suite 900, Albuquerque, New Mexico 87102-2189.
9. In response to any employment inquiries or reference checks concerning Julie Williams Spark or any class member, the Hamlet Companies shall provide only their dates of employment, each position held, and job duties. This provision shall remain in force for so long as Ms. Williams Sparks or any class member uses the Hamlet Companies as a reference and is not limited to the two years duration of this decree.
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10. The Hamlet Companies shall not take any action against Julie Williams Sparks, any class member, any witness in this proceeding or any other individual in retaliation for filing a charge of employment discrimination or for participating, assisting or testifying in this action.
DEFENDANT’S CORRECTIVE POLICIES AND PRACTICES 11. The Hamlet Companies shall institute and carry out policies and practices that will provide a work environment free from sex discrimination and retaliation, including policies, procedures and practices to prevent sexual harassment of its employees and other individuals, and that allow employees and other individuals to raise concerns or complaints about matters made unlawful by Title VII, whether alleged, perceived or actual without retaliation. To assist the Hamlet Companies in its efforts to provide a work environment free of sex discrimination, sexual harassment and retaliation, the Hamlet Companies shall take the actions provided for in Paragraphs 12 through 14 and 16. 12. Within sixty (60) days of the entry of this decree, the Hamlet Companies shall review any existing policies on sex discrimination, including sexual harassment and retaliation, and make any changes necessary so that their policies and procedures comply with Title VII. The Hamlet Companies shall ensure their written policy includes a statement that employees may complain directly to EEOC or any state equal opportunity agency. The Hamlet Companies shall ensure that its policies and procedures relating to sexual harassment provide for and identify at least one person at each facility in Utah who will have information about the Hamlet Companies’ complaint process, who may be designated to receive complaints, and who is responsible for reporting such complaints in a timely manner to the Hamlet Companies’ Human
5

Resources Department. After reviewing and making any necessary revisions to its policies, the Hamlet Companies shall distribute the revised sexual harassment and non-retaliation policies and complaint procedures to each of its current full and part-time employees, and to each new employee hired for the duration of this decree. The policy and procedure statements that are provided to the Hamlet Companies’ employees should be designed to present easily understood, convenient, consistent, reliable, and confidential, except as necessary to conduct an appropriate investigation, procedures for reporting incidents of sexual harassment and retaliation occurring at the Hamlet Companies’ facilities in Utah. These procedures, at a minimum, shall include provisions incorporating the following:
A. Within thirty (30) days of entry of this decree and for the duration of this decree, the Hamlet Companies shall designate at least one employee in a supervisory or managerial position to serve as an investigative officer for employees having questions, concerns or complaints about sexual harassment or retaliation. This investigative officer shall be responsible for communicating with employees about the Hamlet Companies’ complaint and investigation process, answering employee preliminary inquiries, and investigating complaints of sexual harassment.
B. Within thirty (30) days of entry of this decree and for the duration of this decree, the name(s), responsibilities, work location, and telephone number of the investigative officer(s) and any appropriate HR department officials will routinely and continuously be posted and provided to all employees so that an employee seeking such name can enjoy anonymity and remain inconspicuous to other
6

employees. C. For the duration of this decree, complaints of sexual harassment or retaliation will
be accepted in writing, orally, or anonymously and all complaints will be taken seriously and investigated appropriately. D. Only those who have an immediate need to know, including the investigative official(s), HR official(s), the alleged target of harassment or retaliation, the alleged harasser(s) or retaliator(s) and any witnesses, may find out the identity of the complainant. E. During an investigation of a sexual harassment complaint of an employee or other individual, investigative officers will have the responsibility for expeditiously and appropriately investigating all complaints. F. The investigative officers shall endeavor to immediately interview in person all affected individuals and potential witnesses to the alleged harassment without the presence of any management official who is not required to be present to conduct an appropriate investigation. G. All parties contacted in the course of an investigation will be advised that any retaliation or reprisal against an individual who is an alleged target of harassment or retaliation, who has made a complaint, or who has provided evidence in connection with a complaint will not be tolerated and could result in disciplinary action. H. Each investigative officer will receive thorough and appropriate training about sexual harassment and sexual harassment investigations. This training shall
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consist of at least two hours in addition to that provided under paragraph 14 of this decree. I. The investigative officer will recommend remedial measures, if appropriate, based upon the results of the investigation, and the Hamlet Companies will promptly consider and act upon such recommendation. J. The investigative officer will maintain a file on the original complaint(s) and any follow-up investigation. K. The Hamlet Companies’ managers, officials, agents or employees who engage in sexual harassment or retaliation; who fail to cooperate with company-sponsored investigations of sexual harassment or retaliation; or who refuse to implement remedial measures will be advised that they may be sanctioned severely by loss of income, suspension or dismissal. 13. The Hamlet Companies shall post within thirty (30) days of the entry of this consent decree, and continuously for the duration of this decree, in prominent places frequented by employees of their Utah facilities, the Notice attached to this decree as Exhibit B. This Notice shall be the same type, style and size as in Exhibit B. 14. The Hamlet Companies shall provide training on sex discrimination, sexual harassment, and retaliation according to the following terms: A. The Hamlet Companies shall provide at least three training sessions during the term of this decree. All owners, managers, supervisors and employees at facilities owned or operated by the Hamlet Companies in Utah shall attend the training. Duplicative sessions may be held to accommodate staffing needs. The Hamlet
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Companies shall be responsible for all costs associated with this training. B. During the first year of the decree, the Hamlet Companies shall conduct two
training sessions. The first training shall be conducted within ninety (90) days of the entry of this decree. The second training shall be conducted within one hundred eighty (180) days of the first training. Additional training shall be conducted for all Hamlet Companies’ employees in Utah facilities subject to this Decree at least once during the second and final year of this Decree. C. Defendants shall select a qualified trainer or facilitator and shall submit the trainer’s or facilitator’s name, resume, training agenda and the date(s) of the proposed training to the Regional Attorney of the Albuquerque Area Office of the Equal Employment Opportunity Commission within thirty (30) days of the entry of this decree. For the second training session in year one and the final training session in year two, the above information shall be submitted to the Regional Attorney at least sixty (60) days prior to the seminar-training session. The Commission shall have thirty days from the date of receipt of the information described above to accept or reject the proposed trainer or facilitator and/or the contents of the seminar. In the event the Commission does not approve defendants’ designated trainer or facilitator, the Commission shall designate the trainer or facilitator at a cost not to exceed $1000.00 per seminar-training session which shall be paid by defendants. D. The training shall include a minimum of three hours of instruction. All personnel, designated in Paragraph A, shall both register and attend the training.
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The registry of attendance shall be retained by Hamlet Companies at least for the duration of the decree. E. The training, at a minimum, shall include the subjects of: what constitutes sex discrimination, including sexual harassment and retaliation; that sex discrimination in the hiring, firing, compensation, assignment or other terms, conditions or privileges of employment and retaliation violates Title VII; how to prevent sex discrimination and retaliation; how to provide a work environment free from sex discrimination, sexual harassment, and retaliation; and to whom and by what means employees may complain if they feel they have been subjected to sex discrimination, sexual harassment or retaliation in the workplace. F. Immediately following the training sessions, the Director of Human Resources for the Hamlet Companies or the highest ranking managerial official in the facility shall speak to the employees about: (1) potential discipline that can be taken against supervisors, managers and employees who commit acts of sex discrimination or retaliation or who allow sex discrimination or retaliation to occur in the workplace; (2) the importance of maintaining an environment free of sex discrimination and retaliation; and (3) the employer’s policies regarding sex discrimination, sexual harassment, and retaliation. This time shall not be counted toward the three-hour minimum training required in paragraph 14D. G. For the duration of this decree, at or around the time of hire, employees hired after the annual training is presented, shall view a video tape of the training and/or a professional training tape which covers the topics set forth in paragraph 14E and
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shall be given any written material disseminated at the training. 15. The Commission, at its discretion, may designate Commission representatives to attend and participate in any of the training sessions described above.
REPORTING BY DEFENDANT AND ACCESS BY EEOC 16. The Hamlet Companies shall report in writing and in affidavit form to the Regional Attorney of the Commission's Albuquerque Area Office at 505 Marquette NW, Suite 900, Albuquerque, New Mexico 87102-2189, beginning six months from the date of the Entry of this Decree, and thereafter every six months for the duration of the decree the following information: A. Any changes, modifications, revocations, or revisions to its policies and
procedures which concern or affect the subject of sex discrimination, sexual harassment and retaliation. B. The name, address, position, and telephone number of any employee who during the six months preceding the report has brought allegations of sex discrimination, sex harassment, or retaliation arising from activities in the Hamlet Companies’ Utah facility(s) against any of the Hamlet Companies or its personnel, including but not limited to owners, management officials, vendors, agents, or employees. The nature of the complaint, investigatory efforts made and the corrective action taken, if any, shall be specified. C. The registries of persons attending each of the seminar-training sessions required in paragraphs 12 and 14 of this decree and a list of current employees on the day of the seminar-training session.
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D. An affidavit by the Hamlet Companies or Hamlet Homes’ Director of Human Resources stating: (1) the Notice required in paragraph 13 of this decree was posted and the locations where it was posted, and (2) it has complied with paragraphs 9-12 and 14 of this decree.
E. Copies of any video presentations the Hamlet Companies have utilized to comply with the requirements of this decree.
17. The Commission upon reasonable notice, which shall be defined to be at least five business days, shall have the right to enter and inspect the premises of the Hamlet Companies’ facility(s) in Utah to insure compliance with this decree and federal anti-discrimination laws.
COSTS AND DURATION 18. Each party shall bear its costs and attorney's fees incurred as a result of this action through the entry of this decree. 19. The duration of this decree shall be two (2) years from its entry. This Court shall retain jurisdiction of this action for the duration of the decree, during which the Commission may petition this Court for compliance with this decree, after having given ten (10) days written notice of noncompliance. Should the Court determine that any of the Hamlet Companies have not complied with this decree, appropriate relief, including extension of this decree for such period as may be necessary to remedy its non-compliance, may be ordered. 20. This decree shall expire by its own terms at the end of two (2) years after entry, without further action by the parties. 21. The parties agree to entry of this decree subject to final approval by the Court.
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ENTERED AND ORDERED this 12th day of July, 2007.
_______________________________________ THE HONORABLE DALE A. KIMBALL UNITED STATES DISTRICT JUDGE
APPROVED AND CONSENTED TO:
RONALD COOPER General Counsel
James L. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L. Street, N.W. Washington, D.C. 20507
/s/Mary Jo O’Neill MARY JO O’NEILL Regional Attorney
/s/Sally C. Shanley SALLY C. SHANLEY Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 3300 N. Central Ave., Suite 690 Phoenix, Arizona 85012
/s/Loretta Medina LORETTA MEDINA Senior Trial Attorney
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/s/ Scott Crook D. Scott Crook Kathryn J. Steffey SMITH HARTVIGSEN, PLLC 215 South State Street, Ste. 650 Salt Lake City, Utah 84111 (801) 413-1600
Attorneys for Defendants

VERONICA MOLINA Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Albuquerque Area Office 505 Marquette NW, Suite 900 Albuquerque, New Mexico 87102-2189
Attorneys for Plaintiff

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DISTRIBUTION OF SETTLEMENT PROCEEDS

Julie Williams Sparks Angela Blue Gretchen Gunn Debbie Holje Machelle Johnson Amanda Moody Amanda Reed Finn

Back Pay
$6,456.23 $0 $0 $0 $0 $0 $10,730.42

Compensatory Damages
$32,000.00 $30,000.00 $20,000.00 $13,750.00 $27,500.00 $13,750.00 $20,000.00

EXHIBIT A 15

NOTICE TO ALL EMPLOYEES OF THE HAMLET COMPANIES

This Notice is posted pursuant to a Consent Decree entered into between the Hamlet Companies and the Equal Employment Opportunity Commission (EEOC).

It is unlawful under federal law (Title VII of the Civil Rights Act or 1964) and state law to discriminate against an employee on the basis of sex in hiring, firing, compensation or other terms, and conditions or privileges of employment, including sexual harassment. It is also unlawful under federal and state law to retaliate against any individual who complains of harassment.

The Hamlet Companies prohibits all forms of sex discrimination, including sexual harassment. Prohibited sexual harassment includes, but is not limited to, the following conduct:
a. unwelcome touching of a sexual nature; b. unwelcome comments, including comments regarding intimate body parts, or
clothing and discussion of sexual jokes or sexual behavior; c. unwelcome requests for dates, sexual favors and propositions d. unwelcome distribution in the workplace of cartoons, pictures of drawings
of a sexual nature; and e. unwelcome display of pornographic material in the workplace.

The Hamlet Companies, shall not discriminate on the basis of sex and shall not retaliate against any employee who opposes a practice made unlawful under federal law, files, assists or participates in the filing of a charge of discrimination or participates in any investigation under Title VII, or who files a grievance alleging discrimination.

If you believe you are being sexually harassed, discriminated against based on sex or retaliated

against you should report this to the designated investigative officer at your workplace who may

be contacted at

.

If you believe you have been discriminated against or retaliated against by any of the Hamlet Companies, you have the right to seek assistance from:

1) Equal Employment Opportunity Commission Phoenix District Office, 3300 N. Central Avenue, Ste. 690 Phoenix, Arizona 85012, (602) 640-5000, or EEOC Albuquerque Area Office, 505 Marquette NW, Suite 900, Albuquerque, New Mexico 87102, (505) 248-5202 or 1-800-669-4000. Or
2) Utah Anti-Discrimination Division, 160 East 300 South, 3rd Floor Salt Lake City, UT 84111, (801) 530-7609 or 1-800-222-1238.

You have the right to file a charge with the EEOC or the UALD if you believe you are being discriminated against or retaliated against.

EXHIBIT B

16

RELEASE OF TITLE VII CLAIMS

In consideration for $

paid to me by ___________________, in

connection with the resolution of EEOC v. Hamlet Development Corp., Hamlet Homes, Stirling

Mortgage Corp., and Diversified Habitats 1, (“the Hamlet Companies”), 2:06-CV-0075

DAK(D.Utah), I waive my right to recover for any claims of sex discrimination, including

sexual harassment arising under Title VII of the Civil Rights Act of 1964 that I had against

Hamlet Development, Hamlet Homes, Stirling Mortgage or Diversified Habitats prior to the date

of this release and that were included in the claims alleged in EEOC’s complaint in EEOC v.

Hamlet Development Corp., Hamlet Homes, Stirling Mortgage Corp., and Diversified Habitats

1, (“the Hamlet Companies”), 2:06-CV-0075 DAK (D. Utah).

SIGNED this

day of

, 2007.

Signed Name: ____________________________________________

Printed Name: _____________________________________________

Exhibit C

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 CM/ECF - U.S. District Court:utd

https://ecf.utd.uscourts.gov/cgi-bin/DktRpt.pl?776679605418172-L_19...

CLOSED, JURY, LODGED_DOC
Electronic Case Filing System District of Utah (Central)
CIVIL DOCKET FOR CASE #: 2:06-cv-00751-DAK

Equal Employment Opportunity Commission v. Hamlet Development et al Assigned to: Judge Dale A. Kimball Cause: 28:1331 Fed. Question: Employment Discrimination

Date Filed: 09/07/2006 Date Terminated: 07/12/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff
Equal Employment Opportunity Commission

represented by Stephen J. Sorenson US ATTORNEY'S OFFICE (UT) SALT LAKE CITY, UT 00000 (801)325-3218 Email: Stephen.Sorenson@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Loretta F. Medina EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (NM) ALBUQUERQUE AREA OFFICE 505 MARQUETTE NW STE 900 ALBUQUERQUE, NM 87102-2189 (505)248-5230 Email: loretta.medina@eeoc.gov ATTORNEY TO BE NOTICED

Mary Jo O'Neill EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (AZ) PHOENIX DISTRICT OFFICE 3300 N CENTRAL AVE STE 690 PHOENIX, AZ 85012-1848 (602)640-5000 Email: mary.oneill@eeoc.gov PRO HAC VICE ATTORNEY TO BE NOTICED

Sally C. Shanley EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (AZ) PHOENIX DISTRICT OFFICE

1 of 7

3/6/2008 3:41 PM

CM/ECF - U.S. District Court:utd
V. Defendant Hamlet Development
Defendant Hamlet Homes
Defendant Stirling Mortgage
Defendant Diversified Habitats
2 of 7

https://ecf.utd.uscourts.gov/cgi-bin/DktRpt.pl?776679605418172-L_19...
3300 N CENTRAL AVE STE 690 PHOENIX, AZ 85012-1848 (602)640-5032 Email: sally.shanley@eeoc.gov PRO HAC VICE ATTORNEY TO BE NOTICED
represented by D. Scott Crook SMITH HARTVIGSEN PLLC 215 S STATE STE 650 SALT LAKE CITY, UT 84111 (801)413-1600 Email: scott.crook@smithlawonline.com ATTORNEY TO BE NOTICED
Kathryn J. Steffey SMITH HARTVIGSEN PLLC 215 S STATE STE 650 SALT LAKE CITY, UT 84111 (801)413-1600 Email: ksteffey@smithlawonline.com ATTORNEY TO BE NOTICED
represented by D. Scott Crook (See above for address) ATTORNEY TO BE NOTICED
Kathryn J. Steffey (See above for address) ATTORNEY TO BE NOTICED
represented by D. Scott Crook (See above for address) ATTORNEY TO BE NOTICED
Kathryn J. Steffey (See above for address) ATTORNEY TO BE NOTICED
represented by D. Scott Crook (See above for address) ATTORNEY TO BE NOTICED
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Date Filed 09/07/2006 09/11/2006 09/11/2006 09/11/2006 09/11/2006 09/14/2006
09/14/2006
09/14/2006
09/26/2006

Kathryn J. Steffey (See above for address) ATTORNEY TO BE NOTICED
# Docket Text
1 Case has been opened and assigned to Judge Dale A. Kimball. Plaintiff Equal Employment Opportunity Commission is directed to E-File the Complaint by the end of the business day. Filing Fee waived (USA) (jwt, ) (Entered: 09/07/2006)
2 COMPLAINT against all defendants No Filing Fee, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet) Assigned to Judge Dale A. Kimball (Sorenson, Stephen) (Entered: 09/11/2006)
3 MOTION for Admission Pro Hac Vice of Sally C. Shanley (no registration fee required) filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Sorenson, Stephen) (Entered: 09/11/2006)
4 MOTION for Admission Pro Hac Vice of Mary Jo O'Neill (no registration fee required) filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Sorenson, Stephen) (Entered: 09/11/2006)
5 MOTION for Admission Pro Hac Vice of Loretta F. Medina (no registration fee required) filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Sorenson, Stephen) (Entered: 09/11/2006)
6 ORDER granting 5 Motion for Admission Pro Hac Vice of Loretta Medina for Equal Employment Opportunity Commission. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov . Signed by Judge Dale A. Kimball on 9/14/06.(blk, ) (Entered: 09/15/2006)
7 ORDER granting 4 Motion for Admission Pro Hac Vice of Mary Jo O'Neill for Equal Employment Opportunity Commission. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov . Signed by Judge Dale A. Kimball on 9/14/06.(blk, ) (Entered: 09/15/2006)
8 ORDER granting 3 Motion for Admission Pro Hac Vice of Sally C. Shanley for Equal Employment Opportunity Commission. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov . Signed by Judge Dale A. Kimball on 9/14/06.(blk, ) (Entered: 09/15/2006)
9 NOTICE of Appearance by Loretta F. Medina on behalf of Equal Employment Opportunity Commission (Medina, Loretta) (Entered: 09/26/2006)

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10/16/2006 10/16/2006
10/16/2006 10/16/2006 10/16/2006 10/16/2006 10/16/2006 10/17/2006 10/17/2006

10 NOTICE of Appearance by D. Scott Crook on behalf of Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats (Crook, D.) (Entered: 10/16/2006)
11 ACKNOWLEDGEMENT OF SERVICE Executed as to 2 Complaint Acknowledgement filed by Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats.Hamlet Development served on 10/16/2006, answer due 11/6/2006; Hamlet Homes served on 10/16/2006, answer due 11/6/2006; Stirling Mortgage served on 10/16/2006, answer due 11/6/2006; Diversified Habitats served on 10/16/2006, answer due 11/6/2006. (Crook, D.) (Entered: 10/16/2006)
12 ANSWER to Complaint filed by Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats.(Crook, D.) (Entered: 10/16/2006)
13 Defendant's MOTION for Summary Judgment filed by Defendants Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (Crook, D.) (Entered: 10/16/2006)
14 MEMORANDUM in Support re 13 Defendant's MOTION for Summary Judgment filed by Defendants Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (Crook, D.) (Entered: 10/16/2006)
15 AFFIDAVIT of Scott Carter re 14 Memorandum in Support of Motion For Summary Judgment filed by Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (Crook, D.) (Entered: 10/16/2006)
16 AFFIDAVIT of Susan Lister re 14 Memorandum in Support of Motion For Summary Judgment filed by Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (Crook, D.) (Entered: 10/16/2006)
17 NOTICE OF ADR, e-mailed or mailed to Plaintiff Equal Employment Opportunity Commission, Defendants Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (blk, ) (Entered: 10/17/2006)
18 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by clerk) The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 30 days before the Initial Pretrial Conference hearing date.
NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel (a) file a stipulated Attorneys Planning Meeting Report; and (b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov 30 days before the scheduled hearing. See instructions at http://www.utd.uscourts.gov/documents/ipt.html
Initial Pretrial Conference set for 1/17/2007 09:00 AM in Room 477 before Magistrate Judge Paul M. Warner. (blk, ) (Entered: 10/17/2006)

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11/06/2006
11/06/2006 11/06/2006
11/08/2006 11/14/2006 12/06/2006 12/08/2006 12/15/2006 12/27/2006
01/12/2007

19 Stipulated MOTION to Respond to Defendant's Motion for Summary Judgment re 16 Affidavit, 13 Defendant's MOTION for Summary Judgment, 14 Memorandum in Support of Motion, 15 Affidavit filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order Order Approving Parties' Rule 56(f) Stipulation)(Medina, Loretta) (Entered: 11/06/2006)
20 DECLARATION of Loretta Medina re 19 Stipulated MOTION to Respond to Defendant's Motion for Summary Judgment re 16 Affidavit, 13 Defendant's MOTION for Summary Judgment, 14 Memorandum in Support of Motion, 15 Affidavit filed by Equal Employment Opportunity Commission. (Medina, Loretta) (Entered: 11/06/2006)
21 CLERK'S NOTICE OF ERROR re: 19 Stipulated MOTION to Respond to Defendant's Motion for Summary Judgment re 16 Affidavit, 13 Defendant's MOTION for Summary Judgment, 14 Memorandum in Support of Motion, 15 Affidavit. Description of error: filer linked more than the previously-filed motion to this motion and used the wrong motion relief. Motion should have read simply 'MOTION re: Rule 56(f)' (alt) (Entered: 11/06/2006)
22 ORDER granting 19 Motion to have additional time for discovery and to Respond to Motion for Summary Jgm. Signed by Judge Dale A. Kimball on 11/8/06.(blk, ) (Entered: 11/08/2006)
23 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission First Set of Non-Uniform Interrogatories and First Request for Production Of Documents To Defendants (Medina, Loretta) (Entered: 11/14/2006)
24 Stipulated MOTION to Amend/Correct 22 Order on Motion to Respond filed by Defendants Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (Attachments: # 1 Text of Proposed Order)(Crook, D.) (Entered: 12/06/2006)
25 ORDER granting 24 Motion to Amend/Correct Order Approving Parties Rule 56(f)Stipulation. Signed by Judge Dale A. Kimball on 12/7/06.(blk, ) (Entered: 12/08/2006)
26 REPORT OF ATTORNEY PLANNING MEETING. (Medina, Loretta) (Entered: 12/15/2006)
27 SCHEDULING ORDER: Initial Pretrial Conference set for 1/17/07 is vacated. Amended Pleadings due by 3/31/2007. Joinder of Parties due by 3/31/2007. Discovery due by 7/20/07 fact, 8/8/2007 expert. Motions due by 9/7/2007. Final Pretrial Conference set for 1/29/2008 02:30 PM in Room 220 before Judge Dale A. Kimball. 7 day Jury Trial set for 2/11/2008 08:30 AM in Room 220 before Judge Dale A. Kimball.. Signed by Judge Brooke C. Wells on 12/27/06. (blk, ) (Entered: 12/27/2006)
28 NOTICE of Appearance by Kathryn J. Steffey on behalf of Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats (Steffey, Kathryn) (Entered: 01/12/2007)

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01/12/2007 01/19/2007 02/16/2007 02/16/2007 02/16/2007 02/20/2007 02/28/2007
03/01/2007 03/02/2007 03/21/2007
03/21/2007

29 Stipulated MOTION for Protective Order filed by Defendants Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (Attachments: # 1 Text of Proposed Order)(Crook, D.) (Entered: 01/12/2007)
30 STIPULATED CONFIDENTIALITY ORDER granting 29 Motion for Protective Order. Signed by Judge Dale A. Kimball on 1/19/07. (blk) (Entered: 01/19/2007)
31 MEMORANDUM in Opposition re 13 Defendant's MOTION for Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit List and Exhibits A - D# 2 Exhibits E - N# 3 Exhibits O - FF)(Medina, Loretta) (Entered: 02/16/2007)
32 Cross MOTION for Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Medina, Loretta) (Entered: 02/16/2007)
33 MEMORANDUM in Support re 32 Cross MOTION for Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit List and Exhibits A - D# 2 Exhibits E - N# 3 Exhibits O - FF)(Medina, Loretta) (Entered: 02/16/2007)
34 **SEALED DOCUMENT**EXHIBIT S re 31 Memorandum in Opposition to Motion, 33 Memorandum in Support of Motion filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # Exhibit S part 2)(blk) (Entered: 02/20/2007)
35 Stipulated MOTION for Extension of Time to File Response/Reply as to 32 Cross MOTION for Summary Judgment, 13 Defendant's MOTION for Summary Judgment filed by Defendants Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (Attachments: # 1 Text of Proposed Order)(Crook, D.) (Entered: 02/28/2007)
36 ERRATA to 31 Memorandum in Opposition to Motion, 33 Memorandum in Support of Motion filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibits G and H)(Medina, Loretta) (Entered: 03/01/2007)
37 ORDER granting 35 Motion for Extension of Time to File Response/Reply re 32 Cross MOTION for Summary Judgment, 13 Defendant's MOTION for Summary Judgment. Replies due by 4/13/2007. Signed by Judge Dale A. Kimball on 3/1/07. (blk) (Entered: 03/02/2007)
38 REPLY to Response to Motion re 32 Cross MOTION for Summary Judgment, 13 Defendant's MOTION for Summary Judgment Reply Memorandum in Support filed by Defendants Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (Attachments: # 1 Exhibit A- Relevant Portions of the Deposition of Michael Brodsky# 2 Exhibit B- Relevant Portions of the Deposition of Scott Carter# 3 Exhibit C- Relevant Portions of the Deposition of Susan M. Lister# 4 Exhibit D- (Part 1) Photographs of White Boards# 5 Exhibit D- (Part 2) Photographs of White Boards)(Steffey, Kathryn) (Entered: 03/21/2007)
39 AFFIDAVIT of John H. Aldous re 38 Reply Memorandum/Reply to Response to Motion,, filed by Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (Steffey, Kathryn) (Entered: 03/21/2007)

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03/21/2007
03/21/2007 03/21/2007 03/21/2007 04/13/2007 05/07/2007
05/21/2007 06/14/2007 07/11/2007 07/12/2007

40 AFFIDAVIT of Michael M. Brodsky re 38 Reply Memorandum/Reply to Response to Motion,, filed by Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (Attachments: # 1 Exhibit A-(Part 1) Photographs of White Boards# 2 Exhibit A- (Part 2) Photographs of White Boards)(Steffey, Kathryn) (Entered: 03/21/2007)
41 AFFIDAVIT of David S. Irwin re 38 Reply Memorandum/Reply to Response to Motion,, filed by Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (Steffey, Kathryn) (Entered: 03/21/2007)
42 AFFIDAVIT of Susan M. Lister re 38 Reply Memorandum/Reply to Response to Motion,, Second Affidavit filed by Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (Steffey, Kathryn) (Entered: 03/21/2007)
43 AFFIDAVIT of Scott Carter re 38 Reply Memorandum/Reply to Response to Motion,, Second Affidavit filed by Hamlet Development, Hamlet Homes, Stirling Mortgage, Diversified Habitats. (Steffey, Kathryn) (Entered: 03/21/2007)
44 REPLY to Response to Motion re 32 Cross MOTION for Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Medina, Loretta) (Entered: 04/13/2007)
45 NOTICE OF HEARING ON MOTION re: 13 Defendant's MOTION for Summary Judgment, 32 Cross MOTION for Summary Judgment : Motion Hearing set for 6/20/2007 03:00 PM in Room 220 before Judge Dale A. Kimball. (kmj) (Entered: 05/07/2007)
46 NOTICE of Unavailability by Equal Employment Opportunity Commission Notice Of Unavailability (Medina, Loretta) (Entered: 05/21/2007)
47 DOCUMENT LODGED consisting of: correspondence (alt) (Entered: 06/15/2007)
48 NOTICE of Filing Consent Decree by Equal Employment Opportunity Commission (Attachments: # 1)(Medina, Loretta) (Entered: 07/11/2007)
49 ORDER/CONSENT DECREE and PERMANENT INJUNCTION. Signed by Judge Dale A. Kimball on 7/12/07. CASE CLOSED.(blk) (Entered: 07/12/2007)

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