Case 2:06-rcFrvIw-L1r481197) 60-JXEM Document 1 Entered on FLSD Docket 07/05/2006 Page 1 of 7

JUN -i P qn06
MADbOX
btL

O6
C4441 7 6 UNITED STATES DI STRI C
SOU I IIERN DISTRICT OF FL~ RIDA

CIVIL ACTION NO . ~. R
UNITED STATES EQUAL EMPLOYMENT ) OPPORTUNITY COMMISSION, ) A44

Plaintiff, v.

COMPLAIN T ) JURY TRIAL DEMAND

AWARENESS TECHNOLOGY, INC . ) INJUNCTIVE RELIEF REQUESTE D

Defendant .

NATURE OF THE ACTIO N This is an action under Title VII of the Civil Rights Act of 1964 ("Title VII") and Title I of the Civil Rights Act of 1991 ("Title I"), to correct unlawful employment practices on the basis of sex, female, pregnancy, and retaliation, and to provide appropriate relief due to Suzanne Roberts ("Ms . Roberts"), who was adversely affected by such practices . As stated with greater particularity in paragraph seven below, the United States Equal Employment Opportunity Commission ("EEOC") alleges that Defendant Awareness Technology, Inc . ("Awareness Technology" or "Defendant") terminated Ms . Roberts because of her sex . female, and pregnancy . EEOC also alleges that Defendant retaliated against Ms . Roberts for complaining of being discriminated against because of her sex, female, and pregnancy by terminating her employment .

Case 2:06-cv-14176-JEM Document 1 Entered on FLSD Docket 07/05/2006 Page 2 of 7
JURISDICTION AND VENU E 1 . Jurisdiction of this Court is invoked pursuant to 28 U .S .C . §§ 451 . 1331, 1337, 1343, and 1345 . This action is authorized and instituted pursuant to Section 706 (f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended . 42 U .S.C . §2000e-5(f)(1 ) and (3) and Section 1 02 of the Civil Rights Act of 1991, 42 U .S .C . § 1981 a .
The employment practices alleged to be unlawful were committed within th e jurisdiction of"the United States District Court for the Southern District of Florida .
PARTIES 3 . Plaintiff EEOC is 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 Section 706(1)(1) and (3) of Title VII, 42 U .S .C . §2000e-5(f)(1) and (3) . 4. At all relevant times, Defendant has been a Florida corporation continuously doing business in the City of Palm City, Florida, and has continuously had at least 15 employees . 5 . At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U .S .C . § 2000e(b), (g), and (h) .
STATEMENT OF CLAIM S 6. More than thirty days prior to the institution of this lawsuit, Ms . Roberts filed a charge with EEOC alleging violations of Title VII by Defendant . This charge was investigated on behalf of Ms . Roberts . All conditions precedent to the institution of this

Case 2:06-cv-14176-JEM Document 1 Entered on FLSD Docket 07/05/2006 Page 3 of 7

lawsuit have been fulfilled .

7. Since at least May 2005 Defendant has engaged in unlawful employment

practices at its location in Palm City, Florida, in violation of Section 703(a)(I) and Section

704 (a) of Title VII . 42 U .S .C . § 2000e-2(a) and 42 U .S .C. § 2000e-3(a) ;

a. Ms . Roberts began working for Defendant in November 2003 .

b. In or about March 2005 she was promoted to Key Person .

c . In or about March 2005 Ms . Roberts informed her supervisor that she was pregnant .

d. On or about May 9, 2005 Ms . Roberts' supervisor began making discriminatory comments to Ms . Roberts regarding her pregnancy .

e . On or about May 11, 2005 Ms . Roberts was demoted to Team Member .

f. On or about May 13, 2005 Ms . Robe rts complained to the Department' s Manager about being harassed and discriminated against by her supervisor because of her pregnancy .

g.

On or about May 16, 2005 Ms . Roberts complained again to the

Department's Manager about being harassed and discriminated

against by her supervisor because of her pregnancy .

h. On May 18, 2005 Defendant unlawfully terminated Ms . Roberts .

8 . The effect of the unlawful employment practices complained of in paragraph

seven above has been to deprive Ms . Roberts of equal employment opportunities and

otherwise adversely affect her status as an employee because of her sex, female, and

pregnancy and because of her opposition to discrimination on the basis of her sex, female,

and pregnancy .
9. The unlawful employment practices complained of in paragraph seven abov e 3

Case 2:06-cv-14176-JEM Document 1 Entered on FLSD Docket 07/05/2006 Page 4 of 7
were intentional . 10. The unlawful employment practices complained of in paragraph seven above
were done with malice or with reckless indifference to the federally protected rights of Ms . Roberts .
PRAYER FOR RELIE F Wherefore, EEOC requests that this Court : A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with them, from engaging in sex and pregnancy discrimination in employment practices and any other employment practice which discriminates on the basis of sex . B . Grant a permanent injunction enjoining Defendant, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in retaliation or any other employment practice which discriminates against individuals who oppose what they believe to be unlawful discrimination . C . Order Defendant to institute and carry out policies, practices, and program s which provide equal employment opportunities for women which eradicate the effects of its past and present unlawful employment practices . D . Order Defendant to make whole Ms . Roberts by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to, reinstatement, rightful-place hiring, and/or front pay .
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E . Order Defendant to make whole Ms . Roberts by providing compensation for past and future pecuniary losses resulting from the employment practices described in paragraph seven above, including but not limited to, out-of-pocket losses, medical expenses, and job search expenses, in amounts to be determined at trial .
F. Order Defendant to make whole Ms . Roberts by providing compensation liar past and future non-pecuniary losses resulting from the employment practices described in paragraph seven above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial .
G. Order Defendant to pay Ms. Roberts for its malicious and reckless conduct described in paragraph seven above , in an amount to be determined at trial .
H . Grant such further relief as the Court deems necessary and proper in the public interest .
1 . Award EEOC its costs of this action. JURY TRIAL DEMAN D
EEOC requests a jury trial on all questions of fact raised by its Complaint . Respectfully Submitted , JAMES L . LE E Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel DELNER FRANKLIN-THOMAS Regional Attorne y 5

Case 2:06-cv-14176-JEM Document 1 Entered on FLSD Docket 07/05/2006 Page 6 of 7
ARITTA 1 . GOM rial Attorne y PR Bar No . 1518 3 Special Bar No . A5500946 U.S . EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Miami District Offic e One Biscayne Tower, Suite 2700 Two Biscayne Boulevard Miami, Florida 3313 1 Tel . (305) 808-1783 Fax (305) 808-183 5 E-mail: maritza. go► z(i ecoc .go v
6

-~,JS 44C(Reavs. 1e1/052) :06-cv-1N41I7G6H-JTEMB o XDoCcuIVmIeLntC1OVEEnRteSreHdEoEnTFLSD Docket 07/05/2006 Page 7 of 7 FILE D
The JS 44 civil cove heft and the information contained herein neither replace norsupplement the filing and service ofplcadings orotherpapers as required by law, except as pros idcd by local rules of e This form, approved by the Judicial Conference of the United States in September 1974 . is required for the use of the Clerk of Court for the purpose of initiating
the civil docket ect . (SEE INST NN VERSE OF THE FORM .) NOTICE : Attorneys MUST Indicate All Re-filed Cases Below .

1 . (a) PL INTI F S

U . S . E UAL 1; MPl„ORI ,~PIITY COMMISSION '000ML Di(LIC ~DRI- VIA
(b) County (A' Residence of First Listed Plaintiff it-Dade Co (EXCEPT IN U .S_ PLAINTIFF ) •_j; ,

AWARENESS TECHNOLOGY, INC .

fWtt unt f R en f F is efenI dant

Martin Count y

I ~ .I NTIFF CASES ONLY )

(C) Attorney's (Firm N :unc . .Address. and Telephone Number )

U .S . Equal Employment Opportunity Commissio n

2 South Biscayne Blvd., Suite 270 0

FJ 3 I C I : S ) 808 I

(

41 C_

(d) Check County Where Action Arose : O MIAMI- DADE

11 RPL_IN LA CO EM ION CASES . USE Till . LOCATION OF Till : TRACT M r_ / LANDINVOLVED.-
2
O PALM BEACHI6M MARTIA O ST . I-UCIE O INDIAN RIVER O OKEECHOBEE HIGHLAND S

11 . BASIS OF JURISDICTION (Place an "X" in One Box Only )

I U .S . Government Plaintiff

O 3 Federal Questio n (U .S Government Not a Party )

Ill .' ~ITIZENSHIP-OF PRINCIPAL PARTIES( Place an "X" in One Box for Plainutt

(.For Diversity Cases Only) and One Box for Defendant )

PTF DEF PTF DEF

Citiz(p of This State

I I (1 I Incorporated or Principal Place fl 4 '1 4 ofBusiness In This State

rl 2 U .S . Governmen t Defendant

,11 4

Diversity (Indicate Citizenship of Parties in Item II))

Citizen of Another State 1 2 (l 2 Incorporated and Principal Place 11 5 r1 5 of Business In Another State

IV . NATURE OF SUIT (Place an "X" in One Box On )

CONTRACT

TOR-US

Citizen or Subject of a 1 3 Foreign Country

rl 3 Foreign Nation

FORFEITURE/PENALTY

BANKRUPTCY

16D 6 OTHER STATUTE S

D 110 Insurance
D 120 Marine rl 130 Miller Act Cl 140 Negotiable Instrument O 15() Recovery of Overpayment
& Enforcement of Judgment O 151 Medica re Act r) 152 Recovery of Defaulted
Student Loans (Excl . Veterans) 0 153 Recovery of Overpayment of Veteran's Benefits
1 161 Stockholders' Suns O 190 Other Contract 0 195 Contract Product Liability rl 196 Franchise
REAL PROPERTY .1 210 Land Condemnation
0 220 Foreclosure 0 230 Rent Lease & Ejectment D 240 Torts to Land
0 245 Tort Product Liability Cl 290 All Other Real Property

PERSONAL INJURY O 310 Airplane
rl 315 Airplane Product Liability
0 320 Assault, Libel & Slander
O 330 Federal Employers' Liability
'1 340 Marine 1 345 Marine Product
Liability Cl 350 Motor Vehicle rl 355 Motor Vehicle
Product Liability D 360 Other Personal
Injury
CIVIL RIGHTS O 441 Voting A 442 Employment
O 443 (lousing' Accommodations
O 444 Welfare 1 445 Amer. w/Disabilities -
Employment 1 446 Amer. w/Disabilities -
Other n 440 Other Civil Right s

PERSONAL INJURY O 610 Agriculture

rl 362 Personal Injury - O 620 Other Food & Drug

Med . Malpractice rl 625 Drug Related Seizure

O 365 Personal Injury -

of Property 21 USC 881

Product Liability O 630 Liquor Laws

D 368 Asbestos Personal rl 640 R .R . & Truck

Injury Product

0 650 Airline Regs .

Liability

0 660 Occupational

PERSONAL PROPERTY

Safety/Health

O 370 Other Fraud

O 690 Other

0 371 Truth in Lending 0 380 Other Personal

LABOR 0 710 Fair Labor Standards

Property Damage

Act

1 385 Property Damage O 720 Labor/Mgmt . Relations

Product Liability 0 730 LaiwdMgmt .Report ing

& Disclosure Act

PRISONER PETITIONS n 740 Railway Labor Act

D 510 Motions to Vacate 1 790 Other Labor Litigation

Sentence

O 791 Empl . Ret . Inc .

Ilrbcas Corpus :

Security Act

O 530 General

0 535 Death Penalty

0 540 Mandamus & Other

0 550 Civil Rights

Cl 555 Prison Condition

D 422 Appeal 28 USC 158 rl 423 Withdrawal
28 USC 157
PROPERTY RIGHTS O 820 Copyrights O 830 Patent Cl 840 Trademark
SOCIAL SECURITY D 861 HIA (139511 rl 862 Black Lung (923) O 863 DIWC/DIW W (405(g)) O 864 SSID Title XVI O 865 RSI (405(g))
FEDERAL TAX SUITS 0 870 Taxes (U .S . Plaintiff
or Defendant) 0 871 IRS-Third Party
26 USC 7609

1 400 State Reapportionment D 410 Antitrus t O 430 Banks and Bankin g 0 450 Commerc e 0 460 Deportation rl 470 Racketeer Influenced an d
Corrupt Organizations O 480 Consumer Credi t rl 490 Cable/Sat T V O 810 Selective Service O 850 Securities/Commodities .'
Exchang e rl 875 Customer Challeng e
12 USC 341 0 0 890 Other Statutory Action s D 891 Agricultural Act s O 892 Economic Stabilization Ac t 0 893 Environmental Matters 0 894 Energy Allocation Ac t
0 895 Freedom of Information Act
O 900Appeal of Fee Determinatio n Under Equal Acces s to Justice
Cl 950 Constitutionality o f State Statutes

V . ORIGIN (Place an "X" in One Box Only) O I Original O 2 Removed from O 3 Re-filed- O 4 Reinstated or
Proceeding State Court (see VI below ) Reopened

V1 . RELATED/RE-FILED (See instructions

CASE(S) .

second page) :

a) Re-filed Case Cl YES O NO JUDGE

Transferred from

0 ano(t5hseecr f distric t t• P Y )

O 6 Multidistrict 7 7 Litigation

b) Related Cases OYES ON O

DOCKET NUMBER

Appeal to District Judge from Magistrate
Judgment

Cite the U .S . Civil Statute under which you are filing and Write a Brief Statement of Cause ( Do not cite jurisdictional statutes unless

VII . CAUSE O F ACTION

diversity) :
TITLE VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 . Employment Discrimination on the basis of sex (female . nreenancv) and retaliation .

LENGTH OF TRIAL via 3-5 days estimated ( for both sides to try entire case)

VIII . REQUESTED IN u CHECK IF THIS IS A CLASS ACTION COMPLAINT : UNDER F .R .C .P . 2 3

DEMAND S

CHECK YES only if demanded in complaint : JURY DEMAND: Ir' Ycs I" No

ABOVE INFORMATION IS TRUE & CORRECT TO THE BEST OF MY KNOWLEDGE

 
 Case 2:06-cv-14176-JEM Document 41-1 Entered on FLSD Docket 06/29/2007 Page 1 of 11
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA Fort Pierce Division
Case No. 06-14176-CIV-MARTINEZ-LYNCH
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, vs. AWARENESS TECHNOLOGY, INC.,
Defendant. I
CONSENT DECREE I. THE LITIGATION 1. This Consent Decree ("Decree") is made and entered into by and between Plaintiff, the Equal Employment Opportunity Commission ("Commission" or "EEOC") and Awareness Technology, Inc. ("Awareness" or "Defendant"). The Commission and Defendant are collective referred to as the "Parties" throughout this Decree. 2. PlaintiffEEOC filed this action alleging Awareness violated Title VII of the Civil Rights Act of 1964, as amended, 42 V.S.C. § 2000e et. seq.,("Title VII") and the Pregnancy Discrimination Act ("PDA") when it discriminated against Charging Party Suzanne Roberts because she was pregnant and when it retaliated against Suzanne Roberts after she complained about discrimination. Specifically, EEOC alleged that Awareness violated Title VII when it harassed Suzanne Roberts because she was pregnant and then demoted her to a lesser position because of her pregnancy. After Suzanne Roberts complained to her direct supervisor, Peggy Peaslee, and to higher management about the discrimination and harassment, Awareness fired

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Case 2:06-cv-14176-JEM Document 41-1 Entered on FLSD Docket 06/29/2007 Page 2 of 11

Suzanne Roberts without conducting an investigation of her discrimination complaints.

Defendant denies and continues to deny that it engaged in any form of discrimination or

retaliation but is resolving this matter to avoid the time and expense of continued litigation.

There has been no finding of fact by the Court as to whether discrimination or retaliation

occurred.

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

comprehensive settlement negotiations, the parties have agreed that this action should be finally

resolved by entry of this Consent Decree ("Decree"). This Decree fully and finally resolves any

and all issues and claims arising out of the Complaints filed by EEOC in this action arising from

the Charge of Discrimination filed by Suzanne Roberts against Awareness Technology, Inc. The

Parties further agree that this Decree does not resolve any future or pending Charges of

Discrimination other than the Charge referred to in this paragraph.

II. FINDINGS

4. Having carefully examined the terms and provisions of this Decree, and based on the

pleadings, record, and stipulations of the parties, the Court finds the following: a. This Court has jurisdiction of the subject matter of this action and of the

parties.

b. No party shall contest the jurisdiction of this Federal Court to enforce this

Decree and its terms or the right of EEOC to bring an enforcement suit upon alleged breach of

any term(s) of this Decree. c. The terms of this Decree are adequate, fair, reasonable, equitable, and just.

The rights of the Charging Party and the public interest are adequately protected by this Decree.

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Case 2:06-cv-14176-JEM Document 41-1 Entered on FLSD Docket 06/29/2007 Page 3 of 11

d. This Decree conforms with the Federal Rules of Civil Procedure and Title

VII and is not in derogation of the rights or privileges of any person. The entry of this Decree

will further the objectives of Title VII and will be in the best interests of Charging Party, EEOC,

the public, and Defendant. The Court determines that this Agreement is in the best interests of

the parties. e.

The terms of this Decree are and shall be binding upon the present and

future representatives, agents, directors, and officers of Awareness. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: III. GENERAL INJUNCTIVE PROVISIONS 5. Defendant, its officers, managers, employees, agents, partners, successors, and

assigns are enjoined from engaging in conduct that discriminates on the basis of pregnancy or in conduct that constitutes retaliation in violation of Title VII of the Civil Rights Act of 1964, as

amended, and the Pregnancy Discrimination Act. 6. Defendant, its officers, agents, employees and all persons acting in concert with it

are enjoined from engaging in any form of retaliation against any person because such person

has opposed any practice made unlawful under Title VII, filed a Charge of Discrimination under Title VII, testified or participated in any manner in any investigation, proceeding, or hearing

under Title VII, or asserted any rights under this Decree.
IV. ADOPTION AND DISTRIBUTION OF POLICY AGAINST PREGNANCY DISCRIMINATION AND RETALIATION
7. Awareness shall revise its anti-discrimination policy ("Policy") to be distributed

to all current and future employees within thirty (30) calendar days after the entry ofthis Consent Decree. After review by EEOC pursuant to paragraph 8, Awareness shall distribute its anti-

discrimination policy pursuant to paragraph 9. The Policy shall clearly define prohibited conduct

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and specifically prohibit harassing, demoting, firing, or taking any adverse action against an employee because that employee is pregnant or because of condition related to pregnancy, such as pregnancy related health care, medical appointments, and/or pregnancy related absences. The Policy shall also prohibit discrimination and harassment against employees who seek information about whether certain job duties should be performed during pregnancy. The Policy shall provide that complaints of discrimination, inquiries about making such complaints, or inquiries about Defendant's Policy, may be made to any supervisory person in the chain of command or directly to human resources personnel. The Policy shall provide that employees may complain about discrimination or seek information about making such a complaint during working hours without making an appointment for such purpose. The Policy shall state that no employee will be penalized in any manner for making such complaint, seeking information about making such a complaint, seeking information about the Awareness Policy, and/or participating in any investigation or follow-up contact concerning such a complaint, even if the employee must leave his or her workstation to do so, provided that the employee shall notify his or her supervisor that the employee is leaving the workstation to go Human Resources. The Policy shall state that if an employee requests permission to leave his or her workstation for the purpose of seeking guidance or assistance from human resources personnel or to review information about Defendant's policies, including its discrimination Policy, Awareness must grant the employee permission to leave his or her workstation and Awareness will not penalize or criticize any employee who makes such a request or leaves the workstation for such purpose. The Policy shall state that employees who make discrimination complaints, seek information about making such a complaint, or provide information related to such complaints will be protected against retaliation; employees will not be required to complain of discrimination to a person against
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Case 2:06-cv-14176-JEM Document 41-1 Entered on FLSD Docket 06/29/2007 Page 5 of 11
whom they allege; the employer will protect the confidentiality such complaints to the extent possible; the employer will take immediate and appropriate corrective action if and when it determines that discrimination has occurred; and employees who violate the policy are subject to discipline up to and including discharge. The Policy shall also specify that prohibited behavior will not be tolerated from its employees, customers, clients and any other persons present at any of its facilities.
8. A copy of the Policy referenced in paragraph 7 shall be forwarded to EEOC within thirty (30) calendar days of entry of this Consent Decree. This and any other submissions, reports, certifications, notices, or other materials that are required to be submitted to EEOC shall be mailed to: Awareness Settlement, c/o Trial Attorney Maria Kate Boehringer, United States Equal Employment Opportunity Commission, One Biscayne Tower, 2 S. Biscayne Blvd., Suite 2700, Miami, Florida 33131.
9. The Policy referenced in paragraph 7 shall be distributed to all of Defendant's employees and management staff within sixty (60) calendar days of entry of this Consent Decree and shall be included in any relevant policy or employee manuals kept by Defendant's business. The Policy referenced in paragraph 7 shall also be kept and maintained in a conspicuous and accessible place for all employees at all of Defendant's facilities and printed in a font that is easily legible (at least 11 point font). The Policy shall be kept and maintained in an area that is accessible to all assembly workers and shall not be maintained in the office of any particular supervisor, team leader, or manager.
10. A copy of the Policy referenced in paragraph 7 shall be distributed to each new regular full-time, part-time, or temporary employee on the day the employee is hired. If an employee requests another copy of the Policy, Awareness shall provide a duplicate copy of the
5

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n -- - -- n -

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Case 2:06-cv-14176-JEM Document 41-1 Entered on FLSD Docket 06/29/2007 Page 6 of 11

Policy to the employee. The manager responsible for distributing the Policy to each new employee shall review the Policy in depth with the employee. Defendant shall maintain records demonstrating that each new employee discussed the Policy with the responsible manager and illustrating the length of time spent discussing the Policy. If the new employee does not communicate in English, Defendant shall use an interpreter to ensure that the new employee receives and understands the Policy in his or her native language.
v. TRAINING 11. During each of the three (3) years covered by this Decree, Defendant shall provide specific training to all Awareness employees, including all management personnel, on all equal employment opportunity laws (including pregnancy discrimination and retaliation) and the Policy referenced in paragraph 7. This training shall be conducted separately ITomother jobrelated training and/or business-wide meetings and the training session/s shall be dedicated solely to all equal employment opportunity laws and Defendant's Policy referenced in paragraph 7. Defendant shall provide specific training to all employees, supervisors, team leaders, and managers concerning the strict prohibition against penalizing any employee in any manner whatsoever for making a complaint of discrimination, for making inquiries about making such a complaint, and/or for participating in any investigation of such a complaint. The training shall be conducted by Indian River Community College by a trainer agreed upon by EEOC. Defendant shall, within thirty (30) calendar days ITomthe entry of this Consent Decree, provide to EEOC the resume of the person whom it suggests to conduct the training. The first training shall take place within sixty (60) calendar days of entry ofthis Decree. The remainder of the training sessions shall take place annually and no later than August 1st of each year throughout

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the duration of the Decree. Defendant shall use interpreters at all trainings to ensure that non-

English speaking employees understand the information discussed. 12. Within ten (10) business days of the completion of training, Defendant shall

notify EEOC of the dates the training was conducted, the name and job title of the person(s) who

conducted the training, the name and job title of the interpreter(s) used for the training and

languages spoken at the training, and the name and job title of each person who received the

training. 13.

Defendant will provide to EEOC any and all copies of pamphlets, brochures,

outlines or other written materials provided to the participants of the training sessions before any

materials are used during the training. VI. POSTING OF NOTICE
14. Within ten (10) business days after entry of this Decree, Defendant shall post

eleven (11) inches by fourteen (14) inches laminated copies of the Notice attached as Exhibit A

to this Decree at all of its facilities in a conspicuous location easily accessible to and commonly

frequented by employees of Defendant. The Notices shall be posted in English and Spanish. The

Notices shall remain posted for three (3) years from the date of entry of this Decree. Defendant

shall take all reasonable steps to ensure that the postings are not altered, defaced or covered by

any other material. Defendant shall certify to EEOC in writing within fifteen (15) business days

after entry of the Decree that the Notices have been properly posted. VII. RECORD KEEPING AND REPORTING
15. Defendant shall furnish to EEOC the'following written reports twice annually for

a period of three (3) years following entry of this Decree. The first report shall be due six (6)

months after entry of the Decree. Each such report shall contain:

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Case 2:06-cv-14176-JEM Document 41-1 Entered on FLSD Docket 06/29/2007 Page 8 of 11
a. A description of each complaint of discrimination, including the names of the complaining parties and witnesses and the resolution of such complaint (including the name, gender, social security number, address, telephone number) of each person complaining about discrimination.
b. A description of any and all action Defendant took in response to each complaint, conclusions reached, and actions taken as a result of each complaint.
c. A certification by Defendant that the Notice required to be posted remained posted during the entire six (6) month period preceding the report.
16. Defendant shall provide EEOC with copies of all documents or records referred to in Paragraph 15. In addition, Defendant shall provide the last known home address, home telephone number, and mobile telephone number for all persons within its employ during the term of the Decree whom EEOC requests and identifies for purposes of verifying compliance with this Decree within ten (10) business days ofEEOC's request. Defendant shall permit employees whom EEOC requests to interview for the purposes of verifying compliance with this Decree to speak confidentially with EEOC. In the event that EEOC is unable to contact an employee for purposes of verifying compliance with this Decree, it shall notify Defendant and Defendant shall, within ten (10) business days, provide EEOC with the employee's scheduled hours of work over the next fourteen (14) day period so that EEOC can conduct these interviews at these employees' breaks, at the end of the day, or at some other time convenient to the employee and EEOC. Defendant agrees that it will not discourage employees from participating in these interviews.
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Case 2:06-cv-14176-JEM Document 41-1 Entered on FLSD Docket 06/29/2007 Page 9 of 11

17. Nothing contained in this Decree shall be construed to limit any obligation

Defendant may otherwise have to maintain records under Title VII or any other law or

regulation.

VIII. MONETARY RELIEF FOR CHARGING PARTY

18.

Defendant shall pay an aggregate of $ 60.000.00 to resolve this litigation to be

paid solely to Suzanne Roberts within ten (10) calendar days after entry of the Consent Decree and to be distributed to Suzanne Roberts as follows:

a. $15.000.00 shall be representative of lost wages, less amounts required to

be withheld for federal, state, and local income taxes. Defendant will issue an

IRS Form W-2 to Suzanne Roberts for such amount, and Defendant shall be

responsible for paying the employer's share of any federal, state and local, income

taxes, and social security withholdings.

b.

$45.000.00 shall be representative of compensatory damages. Defendant

shall issue an I.R.S. Form 1099 to Suzanne Roberts for this amount.

19. Defendant shall mail all payments described in paragraph 18 directly to Suzanne

Roberts, by Certified Mail (Return-Receipt) at the following address: 3494 Southeast Jake Court.

Apt. #79. Stuart. Florida 34994. Copies of all payments and I.R.S. Forms shall be forwarded to

the attention of Maria Kate Boehringer, Trial Attorney, U.S. Equal Employment Opportunity

Commission, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida

33131 within five (5) calendar days of issuance. 20. If Defendant fails to tender the payments described in paragraph 18, above, then

Defendants shall pay interest on the defaulted payment at the rate calculated pursuant to 26

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Case 2:06-cv-14176-JEM Document 41-1 Entered on FLSD Docket 06/29/2007 Page 10 of 11

U.S.C. Section 6621(b) until the same is paid, and bear any additional costs incurred by the caused by the non-compliance or delay of the Defendant.
IX. DISPUTE RESOLUTION 21. In the event that EEOC believes that Defendant has failed to comply with any provision(s) of the Decree, EEOC shall have the right to seek Court intervention. Additionally, no party shall contest the Court's jurisdiction to hear a dispute arising from the Decree nor challenge EEOC' s ability to bring an action to enforce the terms of the Decree in this Court. X. DURATION OF THE DECREE AND RETENTION OF JURISDICTION 22. All provisions of this Decree shall be in effect for a period of three (3) years immediately following entry of the Decree. 23. Each party to this Decree shall bear its own expenses, costs and attorneys' fees.

For U.S. Equal Employment Opportunity Commission:
{,4f; rtA-r--C!Lu:j-:=>
/'NORA E. CURTIN Regional Attorney United States Equal Employment Opportunity Commission One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, Flw1da~3131

For Defendant:
~~ 1ARY F EMAN
Awareness Technology, Inc.
DATED: ()~ / :3 / wt1r

MARIA KATE 130EHRINGER
Senior Trial Att6mey Florida Bar No. 0041157

ENTERED:

THE HONORABLE JOSE E. MARTINEZ UNITED STATES DISTRICT COURT JUDGE
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Case 2:06-cv-14176-JEM Document 41-1 Entered on FLSD Docket 06/29/2007 Page 11 of 11

EXHIBIT A
NOTICE TO ALL AWARENESS TECHNOLOGY. INe. EMPLOYEES POSTED PURSUANT TO CONSENT DECREE
This Notice is being posted pursuant to a Consent Decree entered by the United States District Court in EEOC v. Awareness Technology. Inc., Civil Action No. 06-14176-CIVMARTINEZ. In the lawsuit, EEOC alleged that Awareness Technology, Inc. ("Awareness") discriminated against Suzanne Roberts because she was pregnant and retaliated against her after she complained about discrimination in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). Awareness has not admitted to EEOC's allegations of discrimination or retaliation. Under the terms of the Consent Decree Awareness made a monetary payment to Suzanne Roberts. Awareness has adopted a policy that prohibits discrimination and retaliation against employees. Title VII protects individuals from employment discrimination because of their race, religion, color, national origin, and/or sex, including pregnancy. Title VII also protects individuals from retaliation for having complained of an unlawful employment practice. Awareness does not condone employment discrimination of any kind as set forth in federal antidiscrimination laws, including, but not limited to, pregnancy discrimination and retaliation.
Awareness assures its employees that it supports Title VII and will not take any action against an individual because he/she has exercised his/her rights under the law to oppose discriminatory acts or to file charges with EEOC. Appropriate corrective action, up to and including termination, based upon the circumstances involved, shall be taken against any employee (including management personnel) found to have violated the Awareness policy prohibiting discrimination.
EEOC enforces the federal laws against discrimination in employment on the basis of disability, race, color, religion, national origin, sex, and age. If you believe you have been discriminated against, you may contact EEOC at (305) 808-1740. EEOC charges no fees and has employees who speak languages other than English.
This Notice must remain posted for three (3) years from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice or compliance with its terms may be directed to: Awareness Settlement, c/o Senior Trial Attorney Maria Kate Boehringer, EEOC, One Biscayne Tower, 2 S. Biscayne Blvd., Suite 2700, Miami, Florida 33131.

Dated:

Mary Freeman President/Owner
Awareness Technology, Inc.

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CLOSED, REF_DISCOV
U.S. District Court Southern District of Florida (Ft. Pierce) CIVIL DOCKET FOR CASE #: 2:06-cv-14176-JEM

US Equal Employment v. Awareness Technology Assigned to: Judge Jose E. Martinez Referred to: Magistrate Judge Frank J. Lynch, Jr Demand: $0 Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 06/30/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
United States Equal Employment Opportunity Commission

represented by Maria Kate Boehringer Boehringer Law Office PA 1515 N Federal Highway Suite 300 Boca Raton, FL 33432 561-392-2120 Fax: 392-2250 Email: maria.boehringer@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Maritza I. Gomez Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-808-1783 Fax: 808-1835 TERMINATED: 05/17/2007 LEAD ATTORNEY

Michael Wells Equal Employment Opportunity Commission 501 E Polk Street 10th Floor Timberlake Federal Bldg Tampa, FL 33602 813-202-7902 Fax: 813-228-2045 TERMINATED: 05/17/2007 LEAD ATTORNEY

Nora E. Curtin

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V. Defendant Awareness Technology, Inc.

Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-808-1789 Email: nora.curtin@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by George Frederic Bovie, III Crary Buchanan Bowdish Bovie et al 555 Colorado Avenue PO Drawer 24 Stuart, FL 34995-0024 772-287-2600 Fax: 287-9988 Email: gfb@crarybuchanan.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/30/2006 06/30/2006 07/10/2006
07/19/2006 07/31/2006 08/01/2006 09/05/2006

#

Docket Text

1 COMPLAINT filed; Magistrate Judge Frank J. Lynch, Jr. (vp, Deputy Clerk) (Entered: 07/05/2006)
2 SUMMONS(ES) issued for Awareness Technology (vp, Deputy Clerk) (Entered: 07/05/2006)
3 ORDER requiring counsel to meet and file Joint Scheduling Report and Proposed Order and directing parties to file certificates of interested parties (Signed by Judge Jose E. Martinez on 7/10/06) [EOD Date: 7/11/06] (bb, Deputy Clerk) (Entered: 07/11/2006)
4 NOTICE of attorney appearance for Awareness Technology by George Frederic Bovie III (Former Deputy Clerk) (Entered: 07/20/2006)
5 Certificate of interested persons and corporate disclosure statement by US Equal Employment (bb, Deputy Clerk) (Entered: 08/01/2006)
6 Statement of Non-Governmental Corporate disclosure, by Awareness Technology (Former Deputy Clerk) (Entered: 08/03/2006)
8 Joint Scheduling Report of Scheduling Meeting by US Equal Employment, Awareness Technology (Former Deputy Clerk) (Entered: 09/08/2006)

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09/05/2006 09/06/2006 09/08/2006 09/14/2006 09/28/2006 09/28/2006 10/16/2006 10/16/2006 10/25/2006 11/01/2006 11/01/2006 11/03/2006
12/07/2006
02/06/2007
03/20/2007 03/26/2007
03/26/2007

9 CONSENT to Trial by Magistrate by US Equal Employment, Awareness Technology (Former Deputy Clerk) (Entered: 09/08/2006)
7 AMENDED JOINT Scheduling Report of Scheduling Meeting by US Equal Employment, Awareness Technology (bb, Deputy Clerk) (Entered: 09/07/2006)
10 ANSWER to Complaint by Awareness Technology (Attorney ) (Former Deputy Clerk) (Entered: 09/11/2006)
11 NOTICE of service of Defendant, first set of interrogatories to Plaintiff by Awareness Technology (lh, Deputy Clerk) (Entered: 09/15/2006)
13 NOTICE to Take Deposition duces tecum of Acacia Gomez by Awareness Technology, Inc.(bb) (Entered: 10/17/2006)
14 NOTICE to Take Deposition of Jody Northrop by Awareness Technology, Inc.(bb) (Entered: 10/17/2006)
12 NOTICE by Awareness Technology, Inc. Notice of Cancellation of Deposition Duces Tecum (Bovie, George) (Entered: 10/16/2006)
15 NOTICE of filing affidavit of service by Awareness Technology, Inc. (bb) (Entered: 10/17/2006)
16 NOTICE by Awareness Technology, Inc. Notice of Taking Deposition Duces Tecum (Bovie, George) (Entered: 10/25/2006)
17 NOTICE by Awareness Technology, Inc. Notice of Filing Verified Return of Service (Bovie, George) (Entered: 11/01/2006)
18 NOTICE by Awareness Technology, Inc. Notice of Filing Verified Return of Service (Bovie, George) (Entered: 11/01/2006)
19 NOTICE of Attorney Appearance by Michael Wells on behalf of United States Equal Employment Opportunity Commission (Wells, Michael) (Entered: 11/03/2006)
20 SCHEDULING ORDER:, ORDER REFERRING CASE to Magistrate Judge Frank J. Lynch, Jr for discovery, ORDER REFERRING CASE to Mediation. Jury Trial set for 8/6/2007 in Fort Pierce Division before Judge Jose E. Martinez. Calendar Call set for 8/2/2007 01:45 PM before Judge Jose E. Martinez.. Signed by Judge Jose E. Martinez on 12/06/2006. (bs) (Entered: 12/07/2006)
21 Unopposed MOTION to Substitute Attorney by United States Equal Employment Opportunity Commission. Responses due by 2/21/2007 (Boehringer, Maria) (Entered: 02/06/2007)
22 NOTICE by Awareness Technology, Inc. of Filing List of Privileged Documents from Files of Counsel for Defendant (Bovie, George) (Entered: 03/20/2007)
23 Unopposed MOTION for Extension of Time to File Motion to Compel by United States Equal Employment Opportunity Commission. (Boehringer, Maria) (Entered: 03/26/2007)
24 Unopposed MOTION for Extension of Time to File Motion to Compel by United States Equal Employment Opportunity Commission. (Attachments: # 1 Text of

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03/27/2007 04/24/2007 04/24/2007 04/24/2007 04/25/2007 04/26/2007 05/03/2007
05/04/2007
05/07/2007 05/07/2007

Proposed Order Order Granting Extension of Time to File Motion to Compel)(Boehringer, Maria) (Entered: 03/26/2007)
25 ORDER granting 23 Motion for Extension of Time to File, granting 24 Motion for Extension of Time to File until 3/29/07.Signed by Magistrate Judge Frank J. Lynch Jr. on 3/27/07. (cga) (Entered: 03/27/2007)
26 NOTICE by United States Equal Employment Opportunity Commission of Mediation (Boehringer, Maria) (Entered: 04/24/2007)
27 NOTICE by United States Equal Employment Opportunity Commission of Mediation (Boehringer, Maria) (Entered: 04/24/2007)
28 MOTION for Discovery to Re-Open Discovery and For Leave to Re-Depose the Charging Party on Interrogatory Answer No.3, Incorporated Memorandum of Law, and Statement Certifying Good Faith Effort to Resolve Dispute with Opposing Counsel by Awareness Technology, Inc.. Responses due by 5/8/2007 (Bovie, George) (Entered: 04/24/2007)
29 Notice of Instruction to Filer re 27 Notice (Other), 26 Notice (Other) filed by United States Equal Employment Opportunity Commission. ERROR: Incorrect "Notice (Other)" event used; Correct event to use in the FUTURE is "Notice of Mediation Hearing" found under Mediation Documents. (gp) (Entered: 04/25/2007)
30 ORDER granting in part 28 Motion to Reopen Discovery ;Signed by Judge Jose E. Martinez on 04/26/2007. (bs) (Entered: 04/26/2007)
31 RESPONSE in Opposition re 28 MOTION for Discovery to Re-Open Discovery and For Leave to Re-Depose the Charging Party on Interrogatory Answer No.3, Incorporated Memorandum of Law, and Statement Certifying Good Faith Effort to Resolve Dispute with Opposing Counsel filed by United States Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit EEOC Exhibit 1# 2 Exhibit EEOC Exhibit 2# 3 Exhibit EEOC Exhibit 3# 4 Exhibit EEOC Exhibit 4# 5 Exhibit EEOC Exhibit 5# 6 Exhibit EEOC Exhibit 6)(Boehringer, Maria) (Entered: 05/03/2007)
Notice of Undeliverable Mail re31 Response in Opposition to Motion,, filed by United States Equal Employment Opportunity Commission, Email returned for: Maritza I. Gomez Resolved by: Legal Assistant Jessica Jimenez informed that attorney Gomez is not longer with the agency. She will inform the attorney in charge of this case to file a motion to terminate attorney Gomez from this case. The attorney cannot be located no forwarded address or an email address was found. E-mail address has been deleted and the attorney was deactivated. (mc) (Entered: 05/04/2007)
32 NOTICE by United States Equal Employment Opportunity Commission to Terminate Attorney of Record for EEOC (Boehringer, Maria) (Entered: 05/07/2007)
33 NOTICE by United States Equal Employment Opportunity Commission of Appearance to Add Attorney of Record for EEOC (Boehringer, Maria) (Entered: 05/07/2007)

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05/07/2007 05/09/2007 05/09/2007 05/15/2007 05/17/2007
06/12/2007 06/19/2007 06/29/2007 07/03/2007 07/05/2007 07/10/2007 07/13/2007 07/16/2007

34 MOTION to Withdraw as Attorney, Maritza I. Gomez for United States Equal Employment Opportunity Commission. (originally filed as 32) Responses due by 5/21/2007. (de) (Entered: 05/09/2007)
35 Notice of Docket Correction: Wrong event chosen; filed as 32 Notice (Other); redocketed as [34] MOTION to Withdraw as Attorney. Notice of Instruction to Filer: In the future choose the correct event. (de) (Entered: 05/09/2007)
36 Notice of Instruction to Filer: In the future choose the correct event (Notice of Attorney Appearance) re 33 Notice (Other). (de) (Entered: 05/09/2007)
37 ORDER denying28 Motion For Leave to Re-Depose the Charging Party on Interrogatory Answer No.3 filed by Awareness Technology, Inc., Signed by Magistrate Judge Frank J. Lynch Jr. on 5/15/07.(cga) (Entered: 05/17/2007)
38 ORDER granting 21 Motion to Substitute Attorney. Attorney Maritza I. Gomez and Michael Wells terminated, granting [34] Motion to Withdraw as Attorney. Attorney Maritza I. Gomez and Michael Wells terminated Signed by Judge Jose E. Martinez on 5/17/07. (lh) (Entered: 05/17/2007)
39 FINAL REPORT of Mediation Disposition: Settled(Hankins, Robyn) (Entered: 06/12/2007)
40 ORDER ON NOTICE OF SETTLEMENT re 39 Report of Mediation. Documents necessary to conclude this action Deadline 6/29/2007.Signed by Judge Jose E. Martinez on 6/19/07.(lh) (Entered: 06/19/2007)
41 SETTLEMENT AGREEMENT /CONSENT DECREE by United States Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order Proposed Order of Dismissal)(Boehringer, Maria) (Entered: 06/29/2007)
42 FINAL ORDER DISMISSING CASE AND ORDER DENYING ALL PENDING MOTIONS AS MOOT, Signed by Judge Adalberto Jordan on 7/3/07.(lh) (Entered: 07/03/2007)
43 Plaintiff's MOTION for Execution of Consent Decree by United States Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A (Consent Decree))(Boehringer, Maria) (Entered: 07/05/2007)
44 ORDER granting 43 Motion for execution of consent decree; Signed by Judge Cecilia M. Altonaga on 07/06/2007. (bs) (Entered: 07/10/2007)
45 Notice of Filing: Attachment to 44 Order (nm) (Entered: 07/13/2007)
Notice of Undeliverable Mail re42 Order Dismissing Case, 43 Plaintiff's MOTION for Execution of Consent Decree filed by United States Equal Employment Opportunity Commission,, 44 Order on Motion for Miscellaneous Relief, 45 Notice (Other), Email returned for: Michael Wells Resolved by: leaving voice mail for attorney to update email address. (sk) (Entered: 07/16/2007)

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