Case 2:06-cv-01209-JCM-RJJ Document 1-1 Filed 09/27/2006 Page 1 of 5

1 Anna Y. Park U.S. EQUAL EMPLOYMENT
2 OPPORTUNITY COMMISSION 255 East Temple Street, 4th Floor
3 Los Angeles, CA 90012 Telephone: (213) 894-1083
4 Facsimile: (213) 894-1301 Email: lado.legal@eeoc.gov
5 Attorneys for Plaintiff
6 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
7

8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10

U.S. EQUAL EMPLOYMENT

)

11 OPPORTUNITY COMMISSION,

)

)

12

Plaintiff,

)

v.

)

13

)

U-HAUL COMPANY OF NEVADA, INC.)

14 and DOES 1-10, Inclusive.

)

Defendants.

)

15 ------------------------)

16

CASE NO.
COMPLAINT - CIVIL RIGHTS EMPLOYMENT DISCRIMINATION
Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e, et seq.
DEMAND FOR TRIAL BY JURY

17

NATURE OF THE ACTION

18

This is an employment discrimination action brought by the United States Equal

19 Employment Opportunity Commission (the "Commission") under Title VII of the Civil Rights

20 Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices

21 on the basis of national origin and race, and to provide appropriate relief to Alberto A. Banico,

22 Salvador Campos, Nelson Castro, Johnny DeGuzman, Jorge L. Garcia, Jesus Jacobo, Alfred J.

23 Magana, Jimmy Pagtulingan, and similarly situated individuals who were adversely affected by

24 such practices. The Commission alleges that Defendants U-Haul Company ofNevada, Inc. and

25 Does 1-10 (collectively "Defendants" or "Defendant Employers"), subjected these named

26 individuals and others to disparate treatment in promotion, work assignments and frequent verbal

27 harassment, including epithets of "wetback" and "beaner," based on their race (Hispanic) and

28 harassment based on their national origin and race (Filipino, Asian).

Case 2:06-cv-01209-JCM-RJJ Document 1-1 Filed 09/27/2006 Page 2 of 5

1

JURISDICTION AND VENUE

2

1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

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

4 707 of Title Vll ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3)

5 and -6 ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

6

2. The employment practices alleged to be unlawful were committed within the

7 jurisdiction ofthe United States District Court for the District ofNevada.

8

PARTIES

9

3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is

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

11 enforcement of Title Vll, and is expressly authorized to bring this action by Section 706(f)(1) and

12 (3) and 707 ofTitle VII, 42 U.S.C. § 2000e-5(f)(l) and (3) and -6.

13

4. At all relevant times, Defendant Employer, U-Haul Company ofNevada, Inc., a

14 Nevada corporation, has continuously been doing business in the State ofNevada and the City of

15 Henderson, and has continuously had at least 15 employees. At all relevant times, Defendant

16 Employer, U-Haul Company of Nevada, Inc., has continuously been an employer engaged in an

17 industry affecting commerce within the meaning of Sections 701(b), (g) and (h) ofTitle VII, 42

18 U.S.C. §§ 2000e(b), (g) and (h).

19

5. Plaintiff is ignorant ofthe true names and capacities ofDefendants sued as DOES

20 1 through 10, inclusive, herein and therefore Plaintiff sues said Defendants by such fictitious

21 names. Plaintiff reserves the right to amend the complaint to name the DOE defendants

22 individually or corporately as they become known. Plaintiff alleges that each of the Defendants

23 named as DOES was in some manner responsible for the acts and omissions alleged herein and

24 Plaintiff will amend the complaint to allege such responsibility when same shall have been

25 ascertained by Plaintiff.

26

6. All of the acts and failures to act alleged herein were duly performed by and

27 attributable to all Defendants, each acting as a successor, agent, joint employer, integrated

28 enterprise, employee and/or under the direction and control of the other Defendants, except as

Case 2:06-cv-01209-JCM-RJJ Document 1-1 Filed 09/27/2006 Page 3 of 5

1 otherwise specifically alleged. Said acts and failures to act were within the scope of such agency 2 and/or employment, and each Defendant participated in, approved and/or ratified the unlawful

3 acts and omissions by other Defendants complained of herein. Whenever and wherever reference

4 is made in this Complaint to any act by a Defendant or Defendants, such allegations and

5 reference shall also be deemed to mean the acts and failures to act of each Defendant acting

6 individually, jointly, and/or severally.

7

7. It is further alleged on information and beliefthat the unnamed Defendants in the

8 complaint are alter egos, joint employers, and/or integrated enterprises of Defendants U-Haul

9 Company of Nevada, Inc.

10

STATEMENT OF CLAIMS

11

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

12 More than thirty days prior to the institution of this lawsuit, Alberto A. Banico, Salvador

13 Campos, Nelson Castro, Johnny DeGuzman, Jorge L. Garcia, Jesus Jacobo, Alfred J. Magafia,

14 and Jimmy Pagtulingan filed charges with the Commission alleging violations of Title VII by

15 Defendant Employer.

16

9. Since at least September 1, 2002, Defendant Employers have engaged in unlawful

17 employment practices at their Henderson, Nevada facility in violation of Section 703(a) of Title

18 VII, 42 U.S.C. § 2000e-2(a). These violations include subjecting Hispanic and Filipino

19 employees to disparate treatment in promotion, work assignments and frequent verbal

20 harassment based on their national origin and race.

21

10. The effect of the practices complained of above has been to deprive Alberto A.

22 Banico, Salvador Campos, Nelson Castro, Johnny DeGuzman, Jorge L. Garcia, Jesus Jacobo,

23 Alfred J. Magafia, Jimmy Pagtulingan, and other similarly situated individuals of equal

24 employment opportunities and otherwise adversely affect their status as employees because of

25 their national origin and race.

26

11. The unlawful employment practices complained of in above were intentional.

27

12. The unlawful employment practices complained of in above were done with

28 malice or with reckless indifference to the federally protected rights of Alberto A. Banico,

Case 2:06-cv-01209-JCM-RJJ Document 1-1 Filed 09/27/2006 Page 4 of 5

1 Salvador Campos, Nelson Castro, Johnny DeGuzman, Jorge L. Garcia, Jesus Jacobo, Alfred J.

2 Magana, Jimmy Pagtulingan, and other similarly situated individuals.

3

PRAYER FOR RELIEF

4

Wherefore, the Commission respectfully requests that this Court:

5

A. Grant a permanent injunction enjoining Defendant Employers, their officers,

6 successors, assigns, and all persons in active concert or participation with them, from engaging in

7 harassment and disparate treatment and any other employment practice which discriminates on

8 the basis of national origin.

9

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

10 programs which provide equal employment opportunities for Hispanics and Filipinos, and which

11 eradicate the effects of their past and present unlawful employment practices.

12

C. Order Defendant Employers to make whole Alberto A. Banico, Salvador Campos,

13 Nelson Castro, Johnny DeGuzman, Jorge L. Garcia, Jesus Jacobo, Alfred J. Magana, Jimmy

14 Pagtulingan, and other similarly situated individuals by providing appropriate backpay with

15 prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary

16 to eradicate the effects of their unlawful employment practices, including but not limited to

17 frontpay.

18

D. Order Defendant Employers to make whole Alberto A. Banico, Salvador Campos,

19 Nelson Castro, Johnny DeGuzman, Jorge L. Garcia, Jesus Jacobo, Alfred J. Magafia, Jimmy

20 Pagtulingan, and other similarly situated individuals by providing compensation for past and

21 future pecuniary losses resulting from the unlawful employment practices described above,

22 including relocation expenses, job search expenses, and medical expenses not covered by the

23 Employer's employee benefit plan, in amounts to be determined at triaL

24

E. Order Defendant Employers to make whole Alberto A. Banico, Salvador Campos,

25 Nelson Castro, Johnny DeGuzman, Jorge L. Garcia, Jesus Jacobo, Alfred J. Magafia, Jimmy

26 Pagtulingan, and other similarly situtauted individuals by providing compensation for past and

27 future nonpecuniary losses resulting from the unlawful practices complained of above, including

28 ///

Case 2:06-cv-01209-JCM-RJJ Document 1-1 Filed 09/27/2006 Page 5 of 5

1 emotional pain, suffering, inconvenience, loss of enjoyment oflife, and humiliation, in amounts

2 to be determined at trial.

3

F. Order Defendant Employers to pay Alberto A. Banico, Salvador Campos, Nelson

4 Castro, Johnny DeGuzman, Jorge L. Garcia, Jesus Jacobo, Alfred J. Magana, Jimmy Pagtulingan,

5 and other similarly situated individuals punitive damages for its malicious and reckless conduct

6 described above, in amounts to be determined at trial.

7

G. Grant such further relief as the Court deems necessary and proper in the public

8 interest.

9

H. Award the Commission its costs of this action.

10

JURY DEMAND

11

The Commission requests a jury trial on all questions of fact raised by its Complaint.

12 Dated: September 27, 2006

Respectfully Submitted,

13

RONALD S. COOPER

General Counsel

14

JAMES L. LEE

15

Deputy General Counsel

16

GWENDOLYN YOUNG REAMS

Associate General Counsel

17

U.S. EQUAL EMPLOYMENT

18

OPPORTUNITY COMMISSION

1801 "L" Street, N.W.

19

Washington,~....,....-......;...,__

20

21

22

23

U.S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

24

255 East Temple Street, 4th Floor

Los Angeles, CA 90012

25

26

27

28

 
 Case 2:06-cv-01209-JCM-LRL Document 19 Filed 01/29/2008 Page 1 of 13

Allna Y. Parle. Regional Attomey
Peter Laura, Senior Trial Attorney
Torn Lepak, Trial Attorney 2 U.S. EQUAL EMPLQYMFNT
OPPORfUNlTY COMMISSION
3 255 East Tempi. Street, 4th Floor
Lo. Angeles, CA 90012
4 Telephone: (213) 894-10 facsunile: (213) 894-1301
5 larlolegal@eeoc.gov

6 Angela D. Morrison) Trial Attorney (::N Bar #9630) 333 S. Las Vegas Btvd., Suite 8112
7 Las Vegas, NY 89101 • Teleplmne: (702) 388-5072 o FacslIllile: (702) 388-5094

9 Atto~fQrPlaintiff

U.s. E UALEMPLOYMENT

10 OPPOR

Y COMMISSION

II Robert Yonowil., liso. (CA BuH 132081)
FISHER & PHILLIPS, LLP
12 18400 Von Karman Avenuc. Suite 400 Irvine CA 92612
13 Telephone: (949) 851-2424 ryonowitZ@labOrlawyers.oom
14
Jeffrey D. Winohester (NY Bar # 10279) IS FISHER & PHILLIPS LLP
3993 Howard HuJ<hes Parkway, Suite 650 16 Las Vegas, NV 89169 17 Telephone: (702) 252-3131
FaCSimile: (702)252-7411

18 Attorneys for Defendant 19 U-HAUL CO. OF NEVADA, INC
{''NlTED STATES DISTRICT COURT

DISTRICT OF NEVADA

ZI U.s. EQUAL EMPLOYMENT

Case No.: 2:06-CV-01209-JCM-LRL

22 OPPORTUNITY COMMISSION,

23

Plaintiff,

ORDER

CONSENT DECREE;

24

v.

25 U-HAUL CO. QF NEVADA INC; 26 And DOES 1-10,

27

Defendant.

28/1------------------

.,.

Case 2:06-cv-01209-JCM-LRL Document 19 Filed 01/29/2008 Page 2 of 13

I.

2

INIRQDUCTION

3

Plaintiff US, Equal Employment Opportunity Commission (the "EEOC" or

4 "Commis.ion") and Defendant V-Haul Co, ofNevada, inc, ("UHN") hereby .t!pula.., an

,") agree to entry of this Consent Decree to resolve the Commission's complaint, filed under
* 6 Title Vll oftheCivi! Rights Act of1964, as amended, 42 V,S,c' 2000e ct <eq. ("Title

7 VU'" aJ1eging that L1larging Parties, Alberto A. Banico, Salvador Camposj Nelson

8 Castro, Johnny DeGuzman, Jorge L. Garcia, Jesus Jacobo, Alfred J. Magana, Jimmy

9 PagttlIingan ("Charging Parties") and a class ofSimilarly situated individuals were

10 subjected to unlawful employment practices on the basIs of race (Hispanic, Asian) and/or

11 national origin (Filipino).

12 13 14 A.

It
PURfQSES M'P SCOPE OF DIE CQNSENT DECREE
The parties to this ConsemDccr~ {'IDecree"l) are the EEOC and URN, The scope

15 of this Decree encompasses only URN's repair facilities located in the State of Nevada.

16 This Decree shall be binding on and enforceable against UHN and its officers, directors,

t 7 agents, successOrs: and assigns.

18 B. This Decree resoJves aU claims EEOC has brought or could have brought against

19 URN, or its subsidiaries> patent companies, Qr affiliates, arising out ofthjs Complaint.

20 This Decree does not constitute an adjudication on the merits of the allegations of the

21 Complaint and does not constitute an admission by UIIN that any of the allegations in the

22 complaint were true.

23 C. There is no determination impHed or expressed in the Decree regarding whether

24 the policies, practices and procedures ofUHN comply with Title VII.

25

m.

26

RELEASE OF CLAIMS

27 A, This Decree fully and (:ompletely Teoolves all issues, claims and allegations by the

28 EEOC against UHN that are raised in the Complaint filed in this action in the United

Case 2:06-cv-01209-JCM-LRL Document 179 Filed 01/289/2008 Page 3 of 13

States District Court, District of Nevada on Septemb-er 27.2006, captioned Us. Equal

2 Employment Opportunity Commi:J.Sion v. U~Haul Co. o/Nevada, Inc. and Does 1-10,

3 Case No. 2:06-CV-01209 (the "Complaint"), or that otherwise could have been brought

4 by the EEOC in the Complaint against UHN, or its subsidiaries} parent companies, Or

5 affiliates.

6

IV~

7

JURISDICTION

8 A. The Court has jurisdiction over the parties and the subject matter of this lawsuit

9 The tenns and provisions ofthis Decree are fnir, reasonable and just, This Decree

10 conforms with the Federal Rules ofCiviJ Procedure and Title Vll and is not in derogation

11 of the rights (iT privileges ofany person.

12 B. The Court shall retain jurisdiction of this action dwin,g the duration ",fthe Decree

13 for the purposes of entering all orders, judgments and decrus that may be necessary to

14 implement the relief provided herein.

15

V.

16

EFFECTIVE DATE AND DURATION OF DECREE

17 A. The provisions and agreements contained herein are effective immediately upon

18 the date which this Decree is entered by the Court r'the Effective Date").

19 B, Except as otherwise provided hereint this Decree shalt remain in effect for three
20 (:~) yean; after the date the Complaint in this matter was filed.

Zl

VI.

22

MODll'ICATION AND SEVERAB1LlTY

23 A. This Decree constirutcs the complete understanding of the parties with respect to

24 the matters contained herein. No waiver, modification or amendment ofany provision of

25 this Decree will be effective unle:ss made in writing and signed by at! authorized

26 representative of each of the parties.

27 B. if one or more provisions of the Decree are rendered unlawful or unenforceable,

28 the parties shat! make good faith efforts to agree upon appropriate amendments 10 this

Case 2:06-cv-01209-JCM-LRL Document 179 Filed 01/289/2008 Page 4 of 13

Decree in order to effectuate the purposes of the Decree, In any event. the remaining

2 provisions will remain in full force a.nd effect unless the purposes of the Deeree cannot,

3 despite the parties' best efforts,. be achieved.

4

~L

5

COMPLIANCE AND DISPUTE RESOLUTION

6 A. The parties expressly agree that if the Commission has reason to believe that URN

7 has failed to comply with any provision of this Consent Decree~ the Conunission may

8 petition this Court for an Order to enforce the Decree, PrlQr to initiating such action. the

9 Conullission will notify URN and its legal counsel of recordt in writing. of the nature of 10 the dispute, This notice shall specify the particular provisioo(s) 1hat the Commission

1J belie""" URN has breached. URN ,hall have thirty (30) days to ahempt to resolve or OU

12 the breacn.

13 B. The parties agree· to cooperate with each other and use their best efforts 10 resolve

14 any dispute referenced in the EEOC notice.

15 C. After thirty (30) days have passed with no resolution or agreement to extend the

16 time further, the Commission may petition this Court for resolution of the dispute and

11 any other relief the Court deems appropriate.

18

VIlL

19

MONETARY RELIEF

20

III settlement of this lawsuit, the UHN shall pay a total of$ 153.000 to resolve this

21 acti(IIL l1\e amount paid pursuant to this Paragraph does not represent wages and shaH

22 designated as non-wage compensatory damages under Title VII. Each Charging Party

23 shall be solely responsible for MY federal, state, or local tax or contributions tnat may be

24 owed or payable on the amount paid by UUN pursuant to this paragraph, if any.

25

The EEOC shall, within ten (10) business days after the Effective Date of this

26 Decree give Defendant written notice of the specific monetary distribution to be provided

27 to each of the Charging Parties. Within twenty (20) business: days after receipt of such

28

-4.

Case 2:06-cv-01209-JCM-LRL Document 179 Filed 01/289/2008 Page 5 of 13

notice. UHK shall forward, via certified mail, Ii check in the amount on the distribution

2 list to each Chargmg Party.

3

Within ten (to) business days of the issuance the settlement chec~ UHN shaH

4 submit a copy of each check and related correspondence to the Regional Attorneyt Anna

5 Y. Park, U.S. Equal Employment Opportumty Commission, 255 EastTemple Street. 4th

6 Floor. Los Angeles, CA 90012.

7

IX.

g

GENERAL INJUNCTIVE RELI.EF

9 A. Non-Discrimination

IO

l. Harassment Based on Race and/or National Origin

11

UHN, its officers. agents, management (including all supervisoI)' employees),

t2 successors, assigns agree not to: (a) harass or tolerate harassment from any individual.

13 against persons on the basis ofrace and/or national origin in the terms and conditions of

14 cnlPloyment; (b) engage in or be a party to any action, policy or practice that is intended

is or is known to them to have tbe effect of harassing any employee on the basis of race

16 andfor national origin; and (c) permit the ex:istence of a work envi:ronrnent that is hostile

!7 based on race and/or national origin.

18

2. Discrirninati91l Based on Race and/of National Origin

19

UHN, its officers. agents. management (including all supervisory empJoyees),

20 successors, assigns: agree not to discriminate in its employment practices against persons

21 On the basis of race and/or national origin.

22

3. Retaliation

23

URN. its offic~ agents} management (including all supervisory employees),

24 successors, assigns agree not to engage in retaliation against any CUrrent employee of

25 UHN because he or she has in the past, or during the term of this Decree: (a) opposed. any

26 practice made unlawful under Title VII; (0) filed a charge of discrimination alleging SMh

27 practice; (c) testified or participated in any manner in any investigation (including

28 without limitation, any intemaJ investigation undertaken by UHN). proceeding in

Case 2:06-cv-01209-JCM-LRL Document 179 Filed 01/289/2008 Page 6 of 13

connection with this case and/or relating to any claim of a Title VI{ viQlatiQn; (d) was.

1 id¢ntified as a possible witness or claimant in this a.ction; (e) asserted any rights under

3 thjs Decree; or (f) sought or received any reUef in accordance with this Decree,

4 B. Posting

5

Within ten (10) business days after the Effective Date and throughout the term of

6 this Decree, UHN shall post notice in the fonn attached as Exhibit A, in a clearJy visible

7 location frequented by employees at each of its Nevada Repair shops. 'l1le nQtice shall

8 remain posted for the term ofthe Decree.

9 C, Equal Employmeut Opportunity Policle. and Training

10

I. Policy and Procedures

I I

I:t For the term ofthis consent Decree, UHN shalt maintain policies and

12

procedures consistent with its ooligations under Title VII.

J 3

b, Within ninety (90) days after the Effective Date, UHN will distribute the

14

policy Attached hereto at Exhibit B to all repair shop employees including

t;5

managementlsupervisory staff. lbrougbout the tenn of this Decree, UHN shall

16

also post the policy in a pJace that is clearly visible to all employees at each of its

17

facilities covered by this Decree. At the time the policy is distributed, URN win

18

review its contents with repair shop employees and will additionally review

19

URN's equal employment opportunity policies.

20

2. Training

21

a, During the tenn of this Decree, UHN's managerial/supervisory, human

n

reso= employees shall be required 10 attend a training program ofat least three

23

(3) hours. Such training shall include training on how to properly handle and

24

investigate complaints ofdiscrimination aIld/or harassment in a neutral manner,

25

how to take preventive and cQrrective measures against discrimination andlor

26

retaJiatioIl, and how to recognize and prevent discrlmination and/or retaliation.

27

Any managers who are hired or promoted into a managerial position during the

28

term of this Decree win receive simiiar training within sixty (60) days oftheir

Case 2:06-cv-01209-JCM-LRL Document 179 Filed 01/289/2008 Page 7 of 13

promotion or hire, Human resouroes training sball be specific to their obligati-Qns,

2

including the handllng and investigating of complaints of discriminarion and

:;

retaliation.

4

h. During the term of this Decree, an UHN employees shall receive attnmd

5

training ofat least one (1) hour regarding URN', policies and procedures

{}

regarding harassment. and to review BEO law. All employees' training shall

7

include coverage of the subjects of equal employment tJppOrtunity rights and

8

responsibiEities, discrimination, harassmen"4 retaliation, and UHN's pOlicies and

9

procedures for reporting and handling complaints of discrimination. harassment

10

and retaliation,

11

c. Each training shan be live, however, after the initial trainin& each

12

subsequent training may be a refresher course with a component of Jive training"

l3

d. Following each training, URN shaU provide a sign~in sheet verifying the

14

rtmteS of the UHN employees who attended the training to the EEOC.

J 5

e, After the first training. UHN shall provide a copy of the trdining

16

materia1s it used to the EEOC. Ifthe training materials are revised or changed,

17

URN shan provide a copy of tile revised or changed training materials to the

IS

EEOC.

19

3. Complaint PrQcedure

20

il. For the term armis consent Decree, UHN shall maintain 11

21

Complaint Procedure consistent with its obligations under Title VII.

22

b. Within ninety (90) days after the Effeclive Date, UHN will dj'tribu

23

the procedure atw.~h~ hereto at Ex. B to all repair shop employees including

24

management/supervisory staff. ThrQughout the term of this Decree, UHN shall

25

also post the procedure in a place that is clearly visible to aiT empioyees at each of

26

its facilities covered by this DecretL At the time the procedure is distributed,

27

win review its contents with repair shop employees and will additionally review

28

UHN's equal employment opportunitjlpolicies.

Case 2:06-cv-01209-JCM-LRL Document 179 Filed 01/289/2008 Page 8 of 13

4. Promotion Policies

2

u. For the tenn of this consent Decree, L'HN shall maintain a formal

3

job posting policy for all positions tha.t become available in the Nevada Repair

4

Shop. consistent with its obligations under Title VlL

5

b. At a minimum, each job position shaU contain:

6

1. sjob description;

7

2. information as to the pay scale associated with the job;

8

3, minimum qualifications for the job~ and

9

4. directions for applying for the pooition.

10

In making decisions as to filling open job positions, URN

11

mana.gement may consider the applicant's evaluations and performance.

12

X.

13

RECORD KEEPING & REPORTING

14

UHN shall maintajn for the term of the Consent Decree the following records and

15 report.:

16

1. All documents generated in cQnncctlon with any complaint, investigation

17 into, or resolution of every complaint of discrimination or retaliation for the duration of

18 the Decree and the identitie.o; ofthe parties involved;

19

2. AU fonns acknowledging employees' receipt ofUHN~$ anti-discrimination

20 and anti-ootaliation policy~ and

21

3. All documents verifying the occurrence of all training sessions and names

22 and positions of all attendees fot each session as required under this Decree.

23

4. AU documents relating to job promotions.

24

5. For the term of the Decree. UHN shall provide annual reports to the EEOC

25 summarizing (1') whether the Human Resources Department or Marketing Company

26 President received complaints of discrimination or harassment pursuant to the Complaint

27 Procedure outlined in IX.3; (2) if such complaints were received, the nature of the

28 complain~ the investigation it undertookl and the resolution of the -complamt UHN shall

Case 2:06-cv-01209-JCM-LRL Document 179 Filed 01/289/2008 Page 9 of 13

affinnative1y identify the Illdiyiduals a~inst whom two or more complaints are lodged.

2 EEOC shall have the right to inspect documents relating to the complaintst provided the 3 EEOC give L"HN and its counsel twenty (20) days notice of its intent to inspect such

4 documents.

s

6. For the tenn of the Decree, L'HN shall provide annual reports tQ tbe EEOC

6 summarizing (I) the number of indlvjdurus promoted. (2) the identity of individuals

7 promoted, and (3) the nat:ional origin and race of the individuals promoted. "Promotion"

.8 for the purposes of this Consent Decree is defined as a change in job title associated with

I) an increase in pay. EEOC shall have the right to inspect documents relating to the

10 promotions~ provided the EEOC give UHN and its CQunsel twenty (20) days notice of its

11 intent to inspect such documents,

12

Xl.

13

COSTS OF ADMINISTRATION AND IMPLEMENTATION

14

QF CONSENT DECREE

15

UlIN shall bear aU costs associated with its administration and implementation of

t 6 its obligations under this Consent Decree,

17

XII.

18

COSTS ANI> ATT2R!:!EYS' FEES

19

F.ach party shall bear its own costs of suit and attorneys' fees,

20

XIIL

2[

MISCELLANEOUS PROVISIONS

22 A. During the term or this Consent Decree, UHN shall provide any potential

23 successor~in~inteteSt with a copy of this Consent Decree within a reasonable time of not

24 less than thjrty (30) days prior to the execution of any agreement for acquisition or

25 assumption of control Qf any or all orUHN's faoilities, or any other material change In

26 eorporate structure~ and shan simultaneously IOfonn EEOC of same.

27

28

.,.

Case 2:06-cv-01209-JCM-LRL Document 19 Filed 01/29/2008 Page 10 of 13

B. During the term of this Consent Decree, UHN and its successors shall assure that

2 each of its officers, managers and supervisors working at a lJHN Repair shop is aware of

3 any term(s) of this Decree which may be relnted to hislher job duties.

4 C. Unless otherwise StAtod, all correspondence required under this Decree shall be

5 delivered to the attention of the Regional Auomey, Anna Y. Park, U.S. Equal

6 Employment Opportunity Commission, Los Angeles District Office, 255 E. Temple St.,

7 41h fl., Los Angeles, CA 90012.

8 D. The parties agree to entry of this Decree subject [0 final approval by the Court.

9 10 EQUAL EMPLOYMENT

U-HAUL CO. OF NEVADA, INC.
O.led: / /~<f/O~

By:

, &w-

15 Anna Y. Park

lIS : __~=::.?-..:.•....:S",~=chL=",-~="'+r__

16 Attorneys for Plaintiff

17

18

19

ORDER

20 GOOD CAUSE APPEARING:

21 The Court hereby retains jurisdiction and the provisions of the foregoing Consent Decree

22 are hereby approved and compliance with nil provisions thereof is HEREBY ORDERED.

23

24

IT IS SO ORDERED.

25 26 Dated: January 29, 2008

27

States District Coun Judge

28

., ..

Case 2:06-cv-01209-JCM-LRL Document 179 Filed 01/289/2008 Page 11 of 13

EXillBITA

2

NOTICE TO ALL EMPLOYEES

This Notice is being posted pursuant to a Consent Decree entered by the

3 federal court in Equal Employment Opportunity Commission v. U-Haul Co. of

4 Nevada, Inc., et at, Case No. 2:06-CV-OI209, seltling a lawsuit filed by the Equal

Employment Opportunity Conunission ("EEOC").

5

In its suit, the EEOC alleged that U-Haul ofN.vod. ("UHN") subjected a

6 group of employees to harassment and discrimination because oftheir ra.,., and/or

7 national origin, in violation ofTille VII ofthe Civil Rights Act of 1964 ("Title

VH"). UHN denies the allegations,

To resolve this lawsuit tbe parties have entered into a Consent Decre. which

9 requires, among other things, that UHN provide monetary relief and to:

I) implement policies and procedures against discrimination and

10

harassment: and

tl

2) provide training to its employees to prevent and corroct

discrimination.

t2

The EEOC enforees the federal la",.s against discrimination in employment

13 on the basis ofdisability, race~ color, re1igion, national origin, sexj pregnancy, and

14 age. If you beHeve you have been discriminated against, you may contact the

EEOC at 333 S. Las Vegas Blvd, Las Vegas, NV 89101 (702)388-5099, The

IS EEOC charges no fees and has employees who speak languages other than English

16

No action may be taken against you by any management official for. (1)

opposing discriminatory pmctices made unlawful by federal law, (2) filing a

t7 charge or assisting or participating in the filing ofa charge of discrimination, or (3)

18 assisting or participating in an investigation brought under Title VII, Should any

19 such retaliatory actions be taken against you, you should contact the EEOC at the

address listed .bove.
20

21

TillS IS AN OFFlCIAL NOTICE AND MUST NOT BE DEFACED

BY ANYONE 22

23 This Notice must remain posted until September 27,2009, and must not be altered, 24 defaced or covered by any other material. Any questions about this Notiee or
compliance with its terms may be directed to: EEOC, 255 East Temple Street, 4th 25 Floor, Los Angeles, CA 90012 or call (213) 894-1000.

26

27 Date:

28

--------

u.s. District Judge

- 11-

Case 2:06-cv-01209-JCM-LRL Document 179 Filed 01/289/2008 Page 12 of 13
EXHIBITB

Case 2:06-cv-01209-JCM-LRL Document 179 Filed 01/289/2008 Page 13 of 13

Augtnlt2007
ISSU~To,
t).I"butCQ. ot~ R~ ~hop MiI~
IJ.HauI~. '" ~ Moiling CMMr G'Ir>J>ra! MaMgct1
U..Haul O:Qmp.wy of N.-vada

Eqwl EmplO)'lMnt Oppol1t!llt~

W_III" mmmIt!IKI topcoY!dIig l/IqJaI oppothmI!y <nail!)! or €fTl~j prRtic&s indu<.lini ~,hiring, poQmOl!on, Ii_f",f an<;!

' ' 1)01'1, (Om~ led Q'Jd!ied .,p!!ean1S and.~ w~houl r~O forau,

toIof, fiX. tlillonal OII9in. age. ~11Iy

V!etN!m Veteran's Slatu& Wi/fIY!lItler pr\Jj~ $I<!WS it'; a60tu'{jltf'l(>t! -....u, the IJ;!QWcmeol$ of all ~mI.,tate lind b:tl ~

polley AQain$t "IW8It!Iment
Wr. rItJ flOl IOlei'ute I.I!'!bWfUI tlaraUmM! of any of ::sur emp1ayee5 tit other oo-worlwfs. a'~, MY fQml of hMaHrneni whim VKIIat9s- t.Jd6tal. slate orloeal laW, IneIodfrl,g. Wi I'IOl k......ttO 00 hal1ilJ5fflIfIIl'lt Mltal6Cl1O atI ind:~ roc&.. fl'fJlgIM. C(Ilor, SIU. ~ otII}Ifl. flQ9. dI,allIRty orl/lHlam 'l4l1etan'$ St3iw.!$ it ~ d Ihi$ poUcy SflItvlilibe ltUt.d., a ~ m"l,ter. FmthsM ~ tho loon '1lar1!3~, ItldiIdQ ,1>.ItS MId ."Y OII'K on.~ remafk.6. ~ QiJJle( vertla"~. t;lf physic51 t:OfIdud

All OOIllPlairrts of ~ rJal3SS!Mnt ~ are- r!'!poIUIO It> 1ll~1 wd! be In~~ B ptOtIIplly as ~ and t.tYf!'!di""

wner. a<':iM wilt be taIIen

~t9t' ami wN be traalO(1 wllt1 as mue:.. UIMl!:1'i'llfa;lry as. p(:I$~, ~tent ¥;!Ih \tie tltMKI to (;1)4!luCl tlfl

~.aM inv&bQ.l!Ilon.

YOllrfldlil\iJiltiC<\ (]( llIe prut>lilm l$e~1 io us. we- taMt)lil$lp MSctYe .. ~"rawneottoro«em unleu _ Mow at'iou1lL Ihtt~, JI'$
ycur ~~ fll blltIQ VlosEt tiil<.b» ct ~ \Q QUf .,lWIlliln so Illat we can take WI\a\eVei $~ 1\If& ~IY 10 eorred Ihll """"",

I( :nan~ fl'\d$ that il:n _;.lie)'M t>a3- Vlohlted "'.. ~y p<:Ilicy, I,Iwropia1e lfitcIpIInal')'''Gtkr. maybo:l1aklm, op to ~ iocAAljolQ Ie/'ITllrtation.

Ii ~ !Hf that yOo hilYil OOIltl MriIsiIed, pleatlc repoIt 8111 llJ'f(j Bt/. lncidlill'lt$ 10 ywt ;SUpGrvisor m~, TIlls CCIr!\pany takeS ~ complil/lll$ 'Iet'f seriously, and !til PQlili)' os til take prMlpl iltlior: 10 tf!!IOIlIe ItHt matter.
If it is yoor /ltlI'JI&fYfSQf 'M\() is hillil$&lllg )'01.1 or if your complain! 10 ycur supetviMt d1cIs (\(J! brins~, plO'SQ tpeak ~ yOJI' MaltMng Company PtMidanf. NIck MIl". at j (702}251.41tl$ Of cal! lll't V~ ?lMIidenl ofHurmID ftesoU.'~ al 1 (tlOO}518JJ4tl2 \lxl. 66250( nIIl t (602) 26J.6625.
m rhe ~nt~ $h<.>UId iocfu4e 00tal1s. of ~'le IrlCldel'll!lI'J. \he:la'TIPS ItlI.fMOu& irw¢I~. 1M namw of.l\)' ~ dW'eCI
qJotfls.n '....am, aru:.tooy dOCllJl'ilerlUlf)' t"idt\IlCV (tloIes, pil:ilmm. &kd
WhIm we t~ \he «mJ'.Ii1iint,. _ 'WI prompll'l ¥l~W 'fit> 311e\)al.!on M 3: tiI'n&Iy manner. llI9!~ will be OOOU\l;;!~ In tiUCII a way 3$ h;J~ con1i~ t'l'1!Nt IXl$nl prlldicabIB LMsr the cllU.ltnlllanc:es-. When we hav6 COf!'fC~ I;)I.A'lllvij$k<P1i1Xl
W4 wKI. 101M 6l:tMI: ilpPfOOrlat.o;., ir'dorm I!le pilrson fiIio'Ii!lI'I& canp::Mnt
A~ aotJ(Jrl ......u $ISQ tI¢ lIIken to dl~r a"" fI.Ioft IUlrassmet11. jf a ;;;Q(npi....,1 01 hlll'OmIeJ't;, wb6tanliall!Ht Ilpptq:nat.: :lisdplirnll'y (i\:~on. up 10 ""nd in(:I<AlifHJ 1~UOOll. WIt! be takeo.
/ik;k Marra Man.etlnll CCtI'l'IJ'UliI"li' Prdid¢f'!1 U.}IltOi Co. of N....adll

 
 Case: 2:06-cv-1209 As of: 06/01/2017 12:40 PM PDT 1 of 3
CLOSED,ENE
United States District Court District of Nevada (Las Vegas) CIVIL DOCKET FOR CASE #: 2:06−cv−01209−JCM−LRL

U.S. Equal Employment Opportunity Commission v. U−Haul Co. of Nevada, Inc. Assigned to: Judge James C. Mahan Referred to: Magistrate Judge Lawrence R. Leavitt
Magistrate Judge Peggy A. Leen (Settlement) Cause: 42:2000 Job Discrimination (Race)
Plaintiff

Date Filed: 09/27/2006 Date Terminated: 01/29/2008 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

U.S. Equal Employment Opportunity Commission

represented by Angela D Morrison Nevada Immigrant Resource Project William S Boyd School of Law, Thomas & Mack Legal Clinic 4505 Maryland Parkway Box 451082 Las Vegas, NV 89154−1082 702−895−2082 Fax: 702−895−2081 Email: angela.morrison@unlv.edu LEAD ATTORNEY

Anna Park U.S. Equal Employment Opportunity Commission 255 East Temple Street 4th Floor Los Angeles, CA 90012− 213−894−1083 Email: anna.park@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant U−Haul Co. of Nevada, Inc.

represented by Robert Yonowitz Fisher & Phillips LLP 18400 Von Karman Avenue Irvine, CA 92612 (949) 851−2424 Fax: (949) 851−0152 Email: ryonowitz@laborlawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey D Winchester Jackson Lewis LLP 3800 Howard Hughes Parkway Suite 600 Las Vegas, NV 89169 702−921−2455 Fax: 702−921−2461 Email: jeffrey.winchester@jacksonlewis.com (Inactive) ATTORNEY TO BE NOTICED

Date Filed # Docket Text

Case: 2:06-cv-1209 As of: 06/01/2017 12:40 PM PDT 2 of 3

09/27/2006 09/27/2006 09/28/2006 12/22/2006 12/22/2006 12/26/2006 01/23/2007 01/26/2007 01/30/2007
01/30/2007 02/02/2007 03/09/2007
05/11/2007
06/18/2007 06/26/2007

1 COMPLAINT Civil Rights Employment Discrimination against U−Haul Co. of Nevada, Inc., filed by U.S. Equal Employment Opportunity Commission. Certificate of Interested Parties due by 10/7/2006. (Attachments: # 1 Civil Cover Sheet # 2 Summons)(Park, Anna) (Entered: 09/27/2006)
Case assigned to Judge James C. Mahan and Robert J. Johnston. (MJZ) (Entered: 09/27/2006)
2 SUMMONS Issued as to U−Haul Co. of Nevada, Inc. (MJZ) (Entered: 09/28/2006)
3 WAIVER OF SERVICE Returned Executed by Plaintiff U.S. Equal Employment Opportunity Commission, Defendant U−Haul Co. of Nevada, Inc.. U−Haul Co. of Nevada, Inc. waiver sent on 11/24/2006, answer due 1/23/2007. (Morrison, Angela) (Entered: 12/22/2006)
4 VERIFIED PETITION for Permission to Practice Pro Hac Vice and DESIGNATION of Local Counsel and Designation of Local Counsel submitted by attorney Jeffrey D. Winchester, (Filing fee $ 175 receipt number 437811) by Defendant U−Haul Co. of Nevada, Inc.. (Winchester, Jeffrey) (Entered: 12/22/2006)
5 ORDER granting 4 Verified Petition for Permission to Practice Pro Hac Vice and DESIGNATION OF LOCAL COUNSEL for Attorney Robert Yonowitz for U−Haul Co. of Nevada, Inc.. Signed by Judge James C. Mahan on 12/26/06. (AAB) (Entered: 12/27/2006)
6 ANSWER to 1 Complaint by Defendant U−Haul Co. of Nevada, Inc.. Certificate of Interested Parties due by 2/2/2007. Discovery Plan/Scheduling Order due by 3/9/2007.(Winchester, Jeffrey) (Entered: 01/23/2007)
7 ORDER OF RECUSAL. This action is referred to Chief Judge Roger L. Hunt for reassignment. Signed by Judge Robert J. Johnston on 1/24/07. (AXM) (Entered: 01/26/2007)
8 MINUTE ORDER IN CHAMBERS of the Honorable Roger L. Hunt, Chief U.S. District Judge on 1/30/2007. By Deputy Clerk: V. Hayes. IT IS ORDERED that this case is reassigned to Magistrate Judge Lawrence R. Leavitt for all further proceedings routinely referred to the magistrate judge. Magistrate Judge Robert J. Johnston no longer assigned to case. All further documents must bear the correct case number 2:06−cv−01209−JCM−LRL. (no image attached) (VHM, ) (Entered: 01/30/2007)
10 ORDER Scheduling Early Neutral Evaluation Session: Early Neutral Evaluation set for 3/7/2007 01:30 PM in Chambers of Magistrate Judge Peggy A. Leen. Signed by Judge Peggy A. Leen on 1/29/07. (AAB) (Entered: 02/02/2007)
9 CERTIFICATE of Interested Parties Certificate Required By FRCP Rule 7.1 and Local Rule 7.1.1 by Defendant U−Haul Co. of Nevada, Inc.. (Winchester, Jeffrey) (Entered: 02/02/2007)
11 MINUTES OF PROCEEDINGS − Early Neutral Evaluation Conference held on 3/9/2007 before Judge Peggy A. Leen. Judicial Assistant: Carol Knight; Pla Counsel: Anna Park; Def Counsel: Robert Yonowitz; Jeffrey D. Winchester; Court Reporter/FTR #: None; Time of Hearing: 1:30 PM. Second Early Neutral Evaluation set for 5/9/2007 01:30 PM in Chambers before Magistrate Judge Peggy A. Leen. Obligation to submit a discovery plan and scheduling order is STAYED. (MJZ) (Entered: 03/13/2007)
12 MINUTE ORDER IN CHAMBERS of the Honorable Peggy A. Leen, U.S. Magistrate Judge, on 5/11/2007 Re Early Neutral Evaluation Session. By Deputy Clerk: Carol Knight. Response to EEOC draft proposal due within the next seven to fourteen days. Early Neutral Evaluation set for 6/15/2007 09:30 AM in Chambers before Magistrate Judge Peggy A. Leen. (AAB) (Entered: 05/15/2007)
13 MINUTE ORDER IN CHAMBERS of the Honorable Peggy A. Leen, U.S. Magistrate Judge, on 6/18/2007. Case is returned to the normal litigation track. (Copies have been distributed pursuant to the NEF − AXM) (Entered: 06/22/2007)
14 PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff U.S. Equal Employment Opportunity Commission. (Morrison, Angela) (Entered: 06/26/2007)

Case: 2:06-cv-1209 As of: 06/01/2017 12:40 PM PDT 3 of 3

06/27/2007
01/23/2008 01/24/2008 01/28/2008 01/29/2008

15 SCHEDULING ORDER. Discovery due by 3/24/2008. Motions due by 4/25/2008. Proposed Joint Pretrial Order due by 5/23/2008. Signed by Judge Lawrence R. Leavitt on 6/27/07. (Copies have been distributed pursuant to the NEF − AXM) (Entered: 06/29/2007)
16 STIPULATION and Request to Extend Deadline for Joint Interim Status Report by Plaintiff U.S. Equal Employment Opportunity Commission. (Morrison, Angela) (Entered: 01/23/2008)
18 ORDER ON STIPULATION granting 16 Stipulation for time. Status Report due by 1/29/2008. Signed by Judge Lawrence R. Leavitt on 1/24/08. (Copies have been distributed pursuant to the NEF − AXM) (Entered: 01/28/2008)
17 SETTLEMENT AGREEMENT [Proposed] Consent Decree; Order by Plaintiff U.S. Equal Employment Opportunity Commission. (Park, Anna) (Entered: 01/28/2008)
19 CONSENT JUDGMENT. Signed by Judge James C. Mahan. (Copies have been distributed pursuant to the NEF − AXM) (Entered: 01/31/2008)