Case 2:02-cv-01554-RLH-LRL Document 1 Filed 11/26/2002 Page 1 of 5

1 ANNA Y. PARK PETER F. LAURA
2 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 255 East Temple Street, 4th Floor Los Angeles, CA 90012
4 Telephone: (213) 894·1076 Facsimile: (213) 894-1301
5
Attorneys for Plaintiff 6 U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION 7

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8

UNITED STATES D'~--'~- ~-,,--

CV -S-02-1554-RLH-LRL

9

DISTRICT 0

10

U.S. EQUAL EMPLOYMENT

)

11 OPPORTUNITY COMMISSION,

)

)

12

Plaintiff,

)

)

13 v.

)

)

14 THE MIRAGE CASINO-HOTEL,

)

a Nevada Corporation, and

)

15 DOES 1 through 5, inclusive,

)

)

16

Defendants.

)

17 ------------------------)

COMPLAINT - CIVIL RIGHTS EMPLOYMENT DISCRIMINATION (42 U.S.C. Section 2000e, et seq.; 42 U.S.c. Section 1981a)
DEMAND FOR TRIAL BY JURY

18

NATURE OF THE CASE

19

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

20 Rights Act of 1991 to correct intentional and unlawful employment practices on the basis of race

21 and retaliation, and to make whole Roger Burls and similarly situated African-American and

22 Hispanic applicants who applied for employment with The Mirage Casino-Hotel ("The Mirage")

23 who were not hired.

24

As described in greater particularity below, the Plaintiff U.S. Equal Employment

25 Opportunity Commission ("Commission" or "EEOC") alleges that The Mirage discriminated

26 against Roger Burls with respect to discipline and termination and similarly situated African-

27 American and Hispanic applicants with respect to hiring.

28 III

1

Case 2:02-cv-01554-RLH-LRL Document 1 Filed 11/26/2002 Page 2 of 5

I

In addition, the Commission alleges that The Mirage retaliated against Roger Burls for

2 engaging in activity protected under Title VII.

3

JURISDICTION AND VENUE

4

1. Jurisdiction of the Court is invoked pursuantto 28 U.S.C. Section 451,1331,1337,

5 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(l) and (3) and

6 707 ofTitle VII, 42 U.S.C. Sections 2000e-5(f)(l) and (3) and 2000e-6, and Title I of the Civil

7 Rights Act of 1991, 42 U.S.C. Section 1981a.

8

2. The unlawful employment practices alleged herein were committed within the

9 jurisdiction of the United States District Court for the District of Nevada.

10

PARTIES

II

3. The EEOC is an agency of the United States of America charged with the

12 administration, interpretation and enforcement of Title VII and is expressly authorized to bring

13 this action by Sections 706(f)(1) and (3) and 707(e) ofTitle VII, 42 U.S.C. Sections 2000e-

14 5(f)(l) and (3) and 2000e-6(e).

15

4. At all relevant times since January 1, 1996, including after its acquisition by MGM

16 Mirage in 2000, The Mirage was and is a Nevada corporation continuously doing business in the

17 District of Nevada, and continuously had fifteen or more employees.

18

5. At all relevant times since January 1, 1996, including after its acquisition by MGM

19 Mirage in 2000, The Mirage continuously was an employer engaged in an industry affecting

20 commerce within the meaning of Section 701(b), (g) and (h) of Title VII, 42 U.S.c. Sections

21 2000e(b), (g) and (h).

22

CONDITIONS PRECEDENT

23

6. More than thirty (30) days prior to the institution of this lawsuit Roger Burls filed a

24 charge with the Commission alleging that The Mirage violated Title VII.

25

7. Prior to institution of this lawsuit, all conditions precedent were satisfied. The

26 Commission's representatives attempted to eliminate the unlawful employment practices

27 hereinafter alleged and to affect voluntary compliance with the Act through informal methods of

28 III

2

COMPLAINT AND JURY DEMAND

Case 2:02-cv-01554-RLH-LRL Document 1 Filed 11/26/2002 Page 3 of 5

1 conciliation, conference and persuasion within the meaning of Section 706(b) and 707(e) of Title

2 VII, 42 U.S.C. Sections 2000e-5(b) and -6(e).

3

STATEMENT OF CLAIMS

4

FIRST CAUSE OF ACTION

5

(Race Discrimination)

6

8. Between January 1, 1996 and May 31, 1997, The Mirage has engaged in unlawful

7 employment practices in violation of Sections 703(a)(I) and 707 of Title VII, 42 U.S.C. Sections

8 2000e-3 and 2000e-6. These violations include discriminating against Roger Burls and similarly

9 situated applicants not hired by The Mirage because of their race, Black and Hispanic.

10

9. The effect of the practices complained of above has been to deprive Roger Burls and

11 other similarly situated Black and Hispanic applicants of equal employment opportunities and to

12 otherwise adversely affect their employment status because of their race.

13

10. As a direct and proximate result of the aforesaid acts of The Mirage, Roger Burls

14 and other similarly situated Black and Hispanic applicants have suffered emotional distress,

15 embarrassment, humiliation and related damages in an amount according to proof.

16

11. As a direct and proximate result of the aforesaid acts of The Mirage, Roger Burls

17 and other similarly situated Black and Hispanic applicants have suffered a loss of earnings in an

18 amount according to proof.

19

12. The unlawful employment practices complained of above were intentional within

20 the meaning of the 1991 Civil Rights Act.

21

SECOND CAUSE OF ACTION

22

(Retaliation)

23

13. In or about August, 1996, Mirage has retaliated against Roger Burls in violation of

24 Section 704(a) of Title VII, 42 U.S.C. Section 2000e-4(a) by discharging him from his position

25 as Security Officer in retaliation for his having engaged in an activity protected by Title VII.

26

14. The effect of the practices complained of above has been to deprive Roger Burls of

27 equal employment opportunities and to otherwise adversely affect his employment status.

28 III

3

COMPLAINT AND JURY DEMAND

- Case 2:02-cv-01554-RLH-LRL

Document 1

Filed 11/26/2002

Page 4 of 5

1

15. As a direct and proximate result of the aforesaid acts, Roger Burls has suffered

2 emotional distress, embarrassment, humiliation and related damages in amounts according to

3 proof.

4

16. The unlawful employment practices complained of above were intentional within

5 the meaning ofthe 1991 Civil Rights Act.

6

PRAYER FOR RELIEF

7

Wherefore, the Commission respectfully requests that this Court:

8

A. Grant declaratory relief that The Mirage has violated Title VII by discriminating in

9 hiring because of race. Grant declaratory relief that The Mirage has violated Title VII by

10 retaliating against Roger Burls.

11

B. Grant a permanent injunction enjoining The Mirage, their officers, successors,

12 assigns and all persons in active concert or participation with them, from engaging in any

13 employment practices which discriminate on the basis of race or retaliate against employees for

14 engaging in activity protected under Title VII.

15

C. Order The Mirage to institute and carry out policies, practices and programs which

16 provide equal employment opportunities for African-Americans and Hispanics and which

17 eradicate the effects of past unlawful employment practices to the extent such effects remain.

18

D. Grant a judgment requiring The Mirage to make Roger Burls and other similarly

19 situated Black and Hispanic applicants whole by paying to them appropriate back pay, interest,

20 lost benefits and compensatory damages in an amount to be proven at trial.

21

E. Grant each item of relief set forth in the Settlement Agreement concurrently filed

22 herewith.

23

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

24 interest.

25 III

26 III

27 III

28 III

4

COMPLAINT AND JURY DEMAND

Case 2:02-cv-01554-RLH-LRL Document 1 Filed 11/26/2002 Page 5 of 5 •

1

G. Award the Commission its costs in this action.

2

JURY TRIAL DEMAND

3

The Commission requests a jury trial on all questions offact raised by this Complaint.

4

5

Respectfully submitted,

6

7

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

8

NICHOLAS INZEO,

9

Acting General Counsel

10

GWENDOLYN YOUNG REAMS

Associate General Counsel

11

ANNA Y.PARK

12

Regional Attorney

13

PETERF. LAURA

Senior Trial Attorney

14

15
16

~~?
P~T~ERiF",,'21-\U~-

Attorneys for Plaintiff

17

U.S. Equal Employment Opportunity

Commission

19

Los Angeles District Office

255 East Temple Street, 4th Floor

20'

Los Angeles, CA 90012

(213) 894-1076

21

22

23

24

25

26 S:ILegal UnitlMiragelcomplaint (11-25-02) FINAL.wpd

27

28

5

COMPLAINT AND JURY DEMAND

 
 Case 2:02-cv-01554-RLH-LRL Document 3 Filed 01/13/2003 Page 1 of 16

11 ANNA Y. PARK, SBN 164242 PETER F. LAURA, SBN 116426
2 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 255 East Temple Street, 4th Floor Los Angeles, CA 90012
4 Telephone: (213) 894-1074 FacsImile: (213) 894-1301
5
Attorneys for Plaintiff, 6 U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
7

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UNITED STATES DISTRICT COURT

9 ,

DISTRICT OF NEVADA

10 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
11
Plaintiff,
12
vs.
13
MGM MIRAGE; and DOES 1-10
14
Defendants.
15

CASE NO. CV-S-02-1554-RLH-LRL STIPULATION OF DISMISSAL
1 AND [PROPOSED) ORDER

16

17

18

IT IS HEREBY STIPULATED by and between Plaintiff U.S. Equal Employment

19 Opportunity Commission, and Defendant MGM Mirage, the only parties who have

20 appe:ared in this action, through their respective counsel, that the above-captioned action

21 is he:reby dismissed pursuant to Rule 41(a)(1)(ii) ofthe Federal Rules of Civil Procedure.

22 III 23 III 24 III 251 III 26 III 27 III 28 III

1

3

Case 2:02-cv-01554-RLH-LRL Document 3 Filed 01/13/2003 Page 2 of 16

1

The parties also stipulate that any disputes relating to the Settlement Agreement

2 whi(:h is attached hereto as Exhibit "A" shall be governed by Section V of the Agreement.

3 . Each party shall bear its own costs and attorneys fees.

:1 Date:d: _...J...I/1, 2003

6

7

By:

8

9

10 11

Dated: ___~,2003

12

Attorn~s for ntiff U.S. E(.JUAL EMPLOYMENT OPPORTUNITY COMMISSION
PAUL GROSSMAN PAUL, HASTINGS, JANOFSKY & WALKER

13

14

15

Attorneys for Defendant

16

MGMMIRAGE

17 IT IS SO ORDERED:
18 19 20 21

.
~~~~~~~~E

22 S:\Legal Unit\Mirage\Pleadings\Stipulation to Dismiss.wpd 23

24

25

26

27

28

2

Case 2:02-cv-01554-RLH-LRL Document 3 Filed 01/13/2003 Page 3 of 16
'.
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT is entered into by and between the U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ("EEOC" or "Commission") and THE MIRAGE CASINO-HOTEL ("Mirage").
WHEREAS, at a time when the Mirage was owned by Mirage Resorts, Inc., prior to its acquisition by MGM Mirage, the three charging parties described below were terminated and filed charges alleging race discrimination;
WHEREAS, the EEOC found cause to believe that the Mirage had engaged in hiring practices which created an unlawful discriminatory impact upon Black and Hispanic applicants for employment, and that the Mirage had terminated and/or disciplined the charging parties set forth below and a class of other similarly situated Black employees in violation of Title VII;
WHEREAS, on May 3i, 2000, subsequent to the cause finding, Mirage Resorts, Inc. was
I,
acquired by MGM Grand, Inc. (now known as MGM MIRAGE); and
WHEREAS, the parties would like to avoid litigation;
NOW, THEREFORE, the parties agree as follows:
I. PURPOSES AND SCOPE 01' THIS SETTLEMENT AGREEME:t\TT
The parties have entered into this Settlement Agreement ("Agreement") for the following purposes.

Case 2:02-cv-01554-RLH-LRL Document 3 Filed 01/13/2003 Page 4 of 16

Case 2:02-cv-01554-RLH-LRL Document 3 Filed 01/13/2003 Page 5 of 16
A. To provide relief to Charging Party Roger Burls and Blacks and Hispanics who applied to the Mirage and were not hired between January 1, 1996 and May 31,1997;
B. To avoid expensive and protracted costs incident to litigation; and
C. To provide a fmal and binding settlement as to all claims of discrimination by Roger Burls and all claims of hiring discrimination by Blacks and Hispanics who applied and were not Illred by the Mirage between January 1, 1996 and May 31, 1997.
II. RELEASE OF CLAIMS
The EEOC's cause finding was based on the following three charges filed by the following three charging parties: Charge No. 340971016 (Roger Burls); Charge No. 340970506 (John Lige); and Charge No. 340990197 (Milton Crawford). This Agreement fiilly and completely resolves all issues, claims and allegations which were raised in the ch"rge of discrimination filed by Roger Burls, the Commission's investigation of the aforementioned charges, and the Commission's cause finding. The Commission will take no further action against the Mirage based on any of the aforementioned charges, the investigation thereof, or the cause finding thereon.
Nothing in this Agreement shall be construed to preclude the Commission from bringing suit to enforce this Agreement in the event that any party hereto fails to perform the promises and representations contained herein. Nor shall anything in this Agreement b(! construed to preclude the Commission from conducting any investigation or initiating any legal action against the Mirage in connection with allegations of discrimination which are not based on the aforementioned charges, the investigation thereof, or the cause finding thereon. Nor shall anything in this Agreement be construed to preclude the Commission from conducting any investigation or initiating any legal action against ,my entity other than the Mirage.
2
LAn6126~.4

Case 2:02-cv-01554-RLH-LRL Document 3 Filed 01/13/2003 Page 6 of 16
Nothing in this Agreement shall be construed to limit or reduce the Mirage's obligations to fully comply with Title VII.
Nothin!; in this Agreement shall suggest that the Mirage agrees that during the period between January 1, 1996 and May 31, 1997, or at any other time, it engaged in hiring, termination or discipline practices which created an unlawful discriminatory impact on Black or Hispanic applicants for employment.
The parties shall use their best efforts to defend this Agreement from any legal challenge.
m. EFFECTIVE DATE AND DURATION OF AGREEMENT
The provisions and agreements contained herein are effective immediately upon the date on which this agreement is executed by both the EEOC and the Mirage ("the Effective Date").
Except as otherwise provided herein, this Agreement shall remain in effect for three (3) years from the Effective Date, provided that all material provisions of this Agreement have been carried out and all reports are timely submitted. In the event the provisions of this Agreement have not been carried out, or l:hat final reports are not timely submitted, this Agreement will automatically be extended for a period of ninety (90) days from the date on which the final reports are received by the Commission.
IV. MODIFICATION AND SEVERABILITY
A. This Agreement constitutes the complete understanding of the parties with respect to the matters contained herein. No waiver, modification or amendment of any provision of this Agreement will be effective unless made in writing and signed by an authorized representative of each of the parties.
3
1.A/7 ('1268.4

Case 2:02-cv-01554-RLH-LRL Document 3 Filed 01/13/2003 Page 7 of 16
B. If one or more provisions of this Agreement are rendered unlawful or unenforceable. the remaining provisions will remain in full force and effect.
C. If the parties mutually agree, this Agreement may be amended or modified. V. DISPUTE RESOLUTION
A. It is expressly agreed that if the Commission has reason to believe that this Agreement has been breached, the Commission may bring an action in federal court to enforce the Agreement. Prior to initiating such action, the Commission will notify the Mirage, in writing, of the nature of the dispute. This notice shall specify the particular provision(s) that the Commission
believes has been, breached, and a concise factual statement of the issues in dispute. A forty-five
(45) day dispute resolution period will be provided from the date of notice prior to the institution of any legal proc(:eding.
B. After the expiration of the forty-five (45) day dispute resolution period, the Commission may institute an enforcement action in federal court.
VI. NON-ADMISSION OF LIABILITY This Agreement represents the compromise of disputed claims which the parties recognize would require protracted and costly litigation. The Mirage's entry into this Agreement is not, and may not be used by any person as an admission or evidence that the Mirage has engaged in .discriminatory employment practices, which the Mirage expressly denies.
4
U./7612fiB.4

Case 2:02-cv-01554-RLH-LRL Document 3 Filed 01/13/2003 Page 8 of 16

VII. AFFIRMATIVE RELIEF A. Complaint Procedure

Within thirty (30) days of the Effective Date of this Agreement, the Mirage agrees to proviC.e proof to the Commission that it has an internal complaint procedure by which employees may register complaints of discrimination, and that this complaint procedure provides for the investigation of employee claims of discrimination and for timely and effective complaint resolution.
B. Training

~

Within ninety (90) days of the Effective Date, the Mirage shall provide training

(or provide evidence to the Commission that it has provided training-within the twelve (12) month

period prior to the Effective Date) to all supervisors and managers at the Mirage regarding equal

employment opportunity laws (including Tide VII of the Civil Rights Act of 1964, as amended, and the

Nevada Equal Rights Act) and supervisory responsibilities for compliance with those laws. At a

minimum, the subjects to be covered by the training shall include: (i) federal equal employment

opportunity laws and the Nevada Equal Rights Act, including, but not limited to, the general provisions

of these laws and the bases on which discrimination is prohibited under these laws; (ii) the identity, roles

and responsibIlities of agencies established to enforce these laws, and the pIinciples and objectives

underlying these laws, including, but llot limlled to j(,:Heiatedness; (iii) the application of equal

employment opportunity law to typical employment situations, including, but not limited to,

development and completion of employee performance appraisals, proper interviewing techniques,

making selection and promotion decisions, provision of work assignments, training and other career

advancement opportunities, setting salaries and making other compensation decisions; (iv) general

5

Case 2:02-cv-01554-RLH-LRL Document 3 Filed 01/13/2003 Page 9 of 16
supervision of a racially diverse workforce; (v) review of the internal complaint procedure; (vi) prevention of employment discrimination; and (vii) supervisory follow-up of EEO complaints, including, but not limited to, prohibinon against retaliation, and working with the complainant. Such programs shall provide (or shall have provided) an opportunity for participants to comment and ask questions of the trainer(s). Refresher training (which may be done by showing of a videorape of prior trainiag) shan be provided at the conclusion of two (2) years from the Effective Date. Supervisors and managers who are newly hired or promoted during the term of this Agreement who have not received the aforementioned training shall receive the above training (which may be done by showing of a videotape of prior training) within six (6) months of their date of hire/promotion.
,:2. The Mirage shan provide to the Commission the curriculum or a description of
the content of such training program as part of its compliance report liS set forth below.
C. EEO-l Reports
The Mirage shall continue to submit annual EEO-I reports for the Mirage pursuant to appli,~able law, and shall maintain supporting documentation as required by applicable law.
VIII. MONETARY RELIEF TO CHARGING PARTY ROGER BURLS
The Mirage agrees to pay a total of$75,000 to Charging Party Roger Burls in full and complete resolution of all his claims against the Mirage, including, but not limited to, all issues raised in his charge and the investigation by the Commission. This payment is subject to the terms and conditions to be memorialized in a written settlement agreement entered into by the Mirage with Charging Party Roger Burls individually, which requires that Roger Burls release any and all claims of employment discrimination under Title VII, 42 U.S.C. § 1981, Nevada state law, or otherwise
6
LA/7('11('8.4

Case 2:02-cv-01554-RLH-LRL Document 3 Filed 01/13/2003 Page 10 of 16
against the Mirage. The Mirage shall deliver payment to Roger Burls' counselor Roger Burls within ten (10) business days after both this Agreement and the individual settlement have been fully executed. A copy of the check used for payment shall be submitted to the EEOC.
IX. MONETARY RELIEF TO THE CLASS A. .Claims Administrator
Within thirty (30) days of the Effective Date ofthis Agreement, the Mirage shall hire a Claims Administrator, whose retention shall be subject to the approval of the EEOC, which approval shall not be unreasonably withheld. The Mirage shall be solely responsible for all costs and fees of the Claims Admi'nistrator and monitoring of the performance of the Claims Administrator. The Claims Administrator shall be responsible for: (1) the distribution ~f claims forms; (2) the initial verification of [he validity of claims; and (3) the distribution of the moneys due to persons who file valid claims.
B. Definition of Class Entitled to Share in Relief
Class members consist of each applicant identified to the Mirage by the Commission as being Black or Hispanic who applied for a position at the Mirage between January I, 1996 and May 31, 1997, and was not hired. The EEOC shall immediately following the Effective Date provide the Mirage with a list of such applicants. The Mirage shall provide a list of the names provided it by the EEOC together with the address of the applicant contained on the application to the Claims Administrator as soon as practicable but no later than sixty (60) days after receipt from the EEOC of said list of applicants.
7

Case 2:02-cv-01554-RLH-LRL Document 3 Filed 01/13/2003 Page 11 of 16
C. Claims Procedure; Payment of Claims
As soon as practicable after receipt, and in no event later than thirty (30) days after names and addresses of class members are provided to the Claims Administrator, the Claims Administrator shall send a written Notice and Release, via first-class United States Mail, to each class member advising himlher ofhislher rights pursuant to this Agreement. Copies of the forms of Notice and Release are attached hereto as Exhibits A and B. The Notice shall be sent to the address contained on the application for employment submitted to the Mirage during the aforementioned time frame. For e:ach Notice that is returned as undeliverable by the postal service, the Claims Administrator, no later than seven (7) days after receipt of the undeliverable notice, shall arrange for a computer database trace fd'r such potential class member, and shall promptly re-mail the Notice to each addre>s obtained for such class member. The Mirage will post a notice on its employee bulletin board informing potential class members how to contact the Claims Administrator to obtain copies of the Notice and Release.
Each class Member who signs and returns a release form to the Mirage postmarked within one hundred twenty (120) days of the initial mailing or the first re-mailing, as applicable, of the Notice and Release, shall be eligible to receive the benefits of this Agreement.
As soon as payments are made to class members, the Mirage shall submit a distribution report to the Commission which shall include: (I) the name, address and social security number of each class member who has received a payment; and (2) an accounting of total class funds distributed or f:xpended to date.
8
LA/"l(,12ML4

Case 2:02-cv-01554-RLH-LRL Document 3 Filed 01/13/2003 Page 12 of 16
D. The Amount Payable to Each Class Member
The amount payable to each class member will be determined by dividing the total number of valid and timely claims filed into the amount of$765,000. As soon as the number of valid claims is determined, the Mirage shall promptly provide the aforementioned sum to the Claims Administrator so that all valid claims can be promptly paid. The EEOC and the Mirage agree that the amounts paid are not wages ~md not subject to wage withholding.
E. Training
The Mirage agrees that the training programs it implements over the three(3) year term of this Agreement, in accordance with the requirements of this Agreel)lent, and/or the training programs it has implemented during the twelve (12) months prior to the Effective Date for the objec:tives described above, will have a fair market value and/or cost of at least $300,000. No more than half of this amount can be allocated to training performed internally and/or internal costs of training; at least $150,000 must be spent on outside trainers, commercial training aids, or professional development of training tools (e.g., videotapes). For purposes of this obligation, the amount the Mirage pays to the outside Claims Administrator (not to exceed $75,000) will be considered spent for outside training.
X. RECORD-KEEPING AND REPORTING A. For the duration of this Agreement, the Mirage agrees to maintain all employment applications.
9
Lr\/~'(j 1::GI!A

Case 2:02-cv-01554-RLH-LRL Document 3 Filed 01/13/2003 Page 13 of 16
B. For the duration of this Agreement, the Mirage agrees to maintain an applicant log for all hourly positions. The applicant log shall include: (1) name, race/national origin of applicant (where ascertainable); (2) recruitment source; (3) date of application; (4) position for which applicant applied; (5) position for which applicant was considered; (6) final action with respect to application; (7) if a position was offered, title of position, and whether position was accepted; (8) if the applicant was rejected, the reason; (9) date of final action; and (10) name and title of the principal decisionmaker(s).
C. For the duration of this Agreement, the Mirage agrees to maintain the records set forth above to demonstrate the Mirage's compliance with this Agreement and to verify that the reports submitteg are accurate. Upon fifteen (15) days' written notice from the Commission, the Mirage shall make such records available to the Commission for inspection and copying.
D. Every six (6) months from the Effective Date to the date on which this Agreement expires, the Mirage shall submit a written report describing its compliance with the terms of this Agre,ement to the Los Angeles District Office of the Equal Employment Opportunity Commission at 255 East Temple Street, 4th Floor, Los Angeles, California 90012, Attention: Peter F. Laura, Senior Trial Attorney (or other person subsequently designated). The first report shall also contain a written description of the Mirage's internal complaint procedure.
E. The EEOC has informed the Mirage that contemporaneous with this Settlement Agreement it will file a lawsuit against The Mirage Casino-Hotel, a Nevada corporation. Promptly after being filed, said lawsuit will be dismissed pursuant to the stipulation attached as Exhibit C.
10
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Case 2:02-cv-01554-RLH-LRL Document 3 Filed 01/13/2003 Page 14 of 16

XI. COSTS AND ATTORNEYS' FEES Each party and all class members/beneficiaries shall bear their own costs and attorneys' fees.

I Dated: 11 I:}d 0 '2.--

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
B~===::::~==---J..--· _ Anna Y. Park Peter F. Laura

Dated:

THE MIRAGE CASINO-HOTEL
BY:~ William P. McBeath President

LA/761268.4

11

. ,

Case 2:02-cv-01554-RLH-LRL Document 3 Filed 01/13/2003 Page 15 of 16

NOTICE TO ALL UNSUCCESSFUL BLACK AND HISPANIC APPLICANTS FOR POSITIONS AT THE THE MIRAGE CASINO-HOTEL
BETWEEN JANUARY 1. 1996 AND MAY 31.1997

The U.S. Equal Employment Opportunity Commission (hereinafter referred to as the "EEOC") is a Federal Agency charged with enforcing Title VII of the Civil Rights Act of 1964, as amended, which prohibits employment discrimination based on race, color, sex, religion, and national ongin; the Equal Pay Act of 1963, which prohibits wage discrimination based on gender; the Age Discriminati.on in Employment Act of 1967, as amended, which prohibits employment discrimination against indi,~duals forty years of age and older; and the Americans with Disabilities Act of 1990, which prohibits discrimination in employment against qualified individuals with disabilities.
The EEOC alleges that The Mirage Casino-Hotel (hereinafter referred to as the "Mirage") discriminated against Black and Hispanic applicants for employment who applied between January 1, 1996 and May 31, 1997. The Mirage denies such allegations but has entered into a Conciliation Agreement with the EEOC in which the Mirage has agreed to make monetary payments 1:0 all B.lack and Hispanic applicants who applied for and were denied employment with the Mirage between January 1, 1996 and May 31,1997.
Each unsuccessful Black or Hispanic applicant who applied for any position at the Mirage between January 1, 1996 and May 31,1997 and was not hired who files a valid and timely clairr, is entitled to an equal share of the class fund of $765,000. According to our records you may have been an unsuccessful Black or Hispanic applicant during the time period and may therefore be entitled to a share of the ct..ss fund.
If you believe that you are eligible and wish to receive the payment, please complete the enclosed Release Agreement and return it to the Claims Administrator at the address shown. If you are eligible to receive a payment, the Claims Administrator will mail you a check as soon as the toral number of valid and timely claims is determined. BY SIGNING THE RELEASE AGREEMENT AND ACCEPTING THE PAYMENT, YOU WILL WAIVE YOUR RIGHT TO SUE THE MIRAGE AND ITS AFFILIATES FOR RACE OR NATIONAL ORIGIN DISCRIMINATION. If you do not retum the signed Release Agreement to the Claims Administrator within one hundred twenty (120) days of the mailing date of this notice, you will not be entitled to any payment.
[f you have any questions about the Release Agreement or the payment, please call the Clairns Administrator at _ _ _ _ _ _.

[,A/77367!,]

EXHIBIT "A"

Case 2:02-cv-01554-RLH-LRL Document 3 Filed 01/13/2003 Page 16 of 16

RELEASE OF HIRING DISCRIMINATION CLAIMS

T,

, Claimant, certify that I am Black or Hispanic and that I

applied for a position at The Mirage Casino-Hotel between January 1, 1996 and May 31,

:1997 and was not hired. I agree to waive any and all claims of hiring discrimination against

Mirage Resorts, Inc. and its affiliates or their successors, including, but not limited to, claims

under Tide VII of the Civil Rights Act of 1964, as amended, 42 U.s.c. ~i 1981, the Nevada

Equal Rights Act, and under any other federal or state law prohibiting discrimination in

hiring.

AGREED: Date: _ _ _ _,2002

By:._ _ _ _ _ _ _ _ _ _ _ ___ Claimant

Print Name Street Address City, State & Zip Code Social Security Number

1,:\/773677.1

EXHIBIT "B"

 
 MGM Mirage units settle cases

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MGM Mirage units settle cases
3 May 2007
by Arnold M. Knightly
Las Vegas Gaming Wire
Las Vegas Gaming Wire
LAS VEGAS, Nevada -- Two subsidiaries of MGM Mirage on Wednesday signed settlements with the Justice Department ending 5-year-old cases addressing Americans with Disabilities Act violations at the company's Mandalay Bay and Tunica, Miss., Gold Strike resorts.
"We hope that these agreements ... will serve as models for the industry on how these types of structures should be made," said Assistant U.S. Attorney General for Civil Rights Wan Kim said.
The settlements stem from a case that began after a customer slipped in the shower at the Mississippi resort.
Kim said the agreement was not a "seal of approval" for other hotels and casinos in Las Vegas and around the country, including other MGM Mirage properties.
Kim said other problems could exist locally but declined to say whether there were any open investigations.
"I think all casinos, all resorts, all hotels should take a hard look and determine whether they are compliant with the ADA," Kim said.
The agreements calls for several improvements, including improved access to guest rooms and suites, visual alarms in guest rooms for hearing impaired, better access to entertainment venues, restaurants and other assembly areas, and training for staff and management.
The federal government also levied $30,000 in civil penalties for violations at the Strip resort and an additional $25,000 for violations in Tunica.
MGM Mirage has three to six years to comply with the agreement, which will be monitored by government officials.
Company spokesman Alan Feldman said the violations predate MGM Mirage's acquisition of the properties from Mandalay Resorts. But he added that the company has worked closely with the government and has already gotten many of the rooms up to code.
"We have worked for a very lengthy period of time to conclude this agreement," Feldman said. "We've already completed many of the improvements called for under the agreement."
He said the company will spend around $20 million during the next five years on both properties to improve and upgrade accessibility. Much of the cost will be included in renovations at Mandalay Bay and in a larger master plan for the Gold Strike, which could be announced by year's end.
MGM Mirage acquired both properties in April 2005 in the $7.9 billion buyout of Mandalay Resort Group.
The initial investigation began in 2002 after the Justice Department received a complaint from a customer at the Gold Strike who fell in a shower because the controls were not located within reach as required by law.

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5/7/2007

MGM Mirage units settle cases

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Kim declined to specify how the incident in Mississippi led to the investigation of the Las Vegas property. He added that the customer who filed the original complaint had reached an earlier settlement with the property.
Feldman said the company knew of the investigation at the time and decided to take responsibility for resolving the issues.
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5/7/2007

 
 CM/ECF - nvd - District Version 2.05 - Docket Report

https://ecf.nvd.uscourts.gov/cgi-bin/DktRpt.pl?111159234564805-L_92...

United States District Court District of Nevada (Las Vegas) CIVIL DOCKET FOR CASE #: 2:02-cv-01554-RLH-LRL

EEOC vs. The Mirage Casino-Hotel Assigned to: Chief Judge Roger L. Hunt Referred to: Magistrate Judge Lawrence R. Leavitt
Magistrate Judge Robert J. Johnston (Settlement)

Date Filed: 11/26/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
U.S. Equal Employment Opportunity Commission

represented by Anna Park U.S. Equal Employment Opportunity Commission 255 East Temple Street 4th Floor Los Angeles, CA 90012213-894-1083 Email: anna.park@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter F. Laura United States Equal Employment Opportunity Commission Legal Unit 255 East Temple Street 4th Floor Los Angeles, CA 90012(213) 894-1000 Fax: 213-894-1118 Email: peter.laura@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Mirage Casino-Hotel

represented by Paul Grossman Paul, Hastings, Janofsky & Walker 555 Flower Street 23rd Floor Los Angeles, CA 90071(213) 683-6000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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CM/ECF - nvd - District Version 2.05 - Docket Report

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Date Filed
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12/13/2002
01/09/2003 01/13/2003

#

Docket Text

1 COMPLAINT w/JD (Entered: 02/10/2003)
MISCELLANEOUS DOCUMENT stip for disml - RLH (returned unsigned 1/6/03) (Entered: 02/10/2003)
2 NOTICE (OTHER) of referral to ENE; evaluating Judge RJJ. (cps dist) (Entered: 02/10/2003)
MISCELLANEOUS DOCUMENT stip for disml - RLH (Entered: 02/10/2003)
3 ORDER ON STIPULATION of dismissal. (cps dist) (Entered: 02/10/2003)

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 EEOC SETTLES RACE DISCRIMINATION SUIT WITH THE MIR...

http://www.eeoc.gov/press/11-27-02.html

The U.S. Equal Employment Opportunity Commission

FOR IMMEDIATE RELEASE November 27, 2002

CONTACT: Anna Y. Park, Regional Attorney (213) 894-1080 or Peter F. Laura, Trial Attorney (213) 894-1076
TTY: (213) 894-1301

EEOC SETTLES RACE DISCRIMINATION SUIT WITH THE MIRAGE FOR $1.14 MILLION

LAS VEGAS - The U.S. Equal Employment Opportunity Commission (EEOC) today announced it has settled a major race discrimination lawsuit against The Mirage Hotel and Casino on the Las Vegas Strip for over $1 million. The EEOC's suit (Case No. CV S-02-1554 RLH - LRL), in U.S. District Court for the District of Nevada, charged the Mirage with discriminating against African- American and Hispanic applicants from January 1, 1996, until May 31, 1997 a time period prior to the acquisition of The Mirage by MGM Grand, Inc. (Now MGM Mirage) in 2000.
The Settlement Agreement, filed concurrently with the EEOC's lawsuit, provides for $840,000, in financial compensation for a class of African-American and Hispanic applicants, along with implementation of appropriate complaint procedures, anti-discrimination training, and record-keeping obligations to be monitored by the EEOC over the duration of the three-year term of the Agreement. The remaining money will be used to implement training programs.
"We commend the MGM Mirage for working cooperatively with us to reach this agreement," said EEOC Chair Cari M. Dominguez. "Unfortunately, almost 40 years after the passage of the landmark Civil Rights Act of 1964, discrimination against people of color is still all too common in our nation's workplaces. This settlement is another step toward making the promise of equal employment opportunity a reality."
Olophius Perry, Director of the EEOC's Los Angeles District Office, which has jurisdiction for Nevada, said: "In addition to providing a substantial amount of monetary relief to the victims, the settlement puts in place extensive mechanisms to help prevent discrimination in the future. By monitoring the employer for the next three years, the Commission will be in a position to act quickly should discrimination or retaliation occur again."
Debbie Thomas, Vice President of Human Resources for The Mirage, said: "Under this agreement, The Mirage will supplement its already extensive diversity training program, which is one of the principal elements of the commitment to diversity within our company."
Ms. Thomas continued: "In 2000, our parent company established the industry's first formal diversity program; we greatly value diversity in our workforce. More than 50% of our employees are of minority backgrounds. Additionally, we believe our parent company is the only company in the industry to have established a comprehensive vendor/supplier diversity program as well as a requirement that any contract of construction services include a minority component. We are proud of our record on diversity and look forward to supplementing our existing training efforts with those agreed to as part of this settlement."
Remarking on the cooperation between the EEOC and MGM Mirage in resolving the suit, Anna Y. Park, Regional Attorney of EEOC's Los Angeles District Office, said, "The Commission congratulates all concerned in reaching this settlement. We believe that The Mirage and its parent company are committed to a policy of non-discrimination. During the next three years, we will work with The Mirage to ensure that the procedures put in place by this Settlement Agreement will be administered properly."
In addition to enforcing Title VII of the Civil Rights Act of 1964, as amended, which prohibits employment discrimination based on race, color, religion, sex (including sexual harassment or pregnancy) or national origin and protects employees who complain about such offenses from retaliation, the EEOC enforces the Age Discrimination in Employment Act of 1967, which protects workers age 40 and older from discrimination based on age; the Equal Pay Act of 1963, which prohibits gender-based wage discrimination; the Rehabilitation Act of 1973, which prohibits employment discrimination against people with disabilities in the federal sector; Title I of the Americans with Disabilities Act, which prohibits employment discrimination against people with disabilities in the private sector and state and local governments; and sections of the Civil Rights Act of 1991. Further information about the Commission is available on its web site at www.eeoc.gov.

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