- Case 2:05-cv-01205-KJD-PAL

Document 1

Filed 09/30/2005

Page 1 of 5
ORIGiNAL

1 Anna Y. Park, SBN 164242
Cherry-Marie D. Rojas, SBN 141482 2 U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION 3 255 East Temple Street, Fourth Floor
Los Angeles, CA 90012 4 Telel?hone: (213) 894-1068
Facsimile: (213) 894-1301
5 E-Mail: lado.legal@eeoc.gov

" I
.. !~

6 Connie Liem, TX SBN 791113 U.S. EQUAL EMPLOYMENT
7 OPPORTUNITY COMMISSION 40 I B Street, Suite 510
8 San Diego, CA 92101 Telel?hone: (619) 557-7284
9 Facsimile: (619) 557-7274
10 Attorneys for Plaintiff U.S. EQUAL EMPLOYMENT
11 OPPORTUNITY COMMISSION

CV-S-05-1205-KJD-PAL

12

13

UNITED STATES DISTRICT COURT

14

DISTRICT OF NEVADA

15

U.s. EQUAL EMPLOYMENT 16 OPPORTUNITY COMMISSION,
17 Plaintiff,
18

) Case No.: CV-S-_ _ _ _ __

)

) )

COMPLAINT--TITLE VII

)

)

vs.

)

19

)

)
~ 20 K-T CONTRACT SERVICES, INC. and CUSA K-TCS, LLC, each d/b/a Coach USA;

21 and COACH USA TOURS-LAS VEGAS, )

22 INC.;

) )

)

23

Defendant( s).

)

24 -------------------------)

25

NATURE OF THE ACTION AND JURISDICTION

26

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

27 Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex, and to

28

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Case 2:05-cv-01205-KJD-PAL Document 1 Filed 09/30/2005 Page 2 of 5

1 provide appropriate relief to Katherine Borane, who was adversely affected by such practices.

2 Plaintiff U.S. Equal Employment Opportunity Commission alleges that the defendants

3 discriminated against Ms. Borane based on her sex by denying her the enjoyment of equal

4 compensation, terms, conditions and privileges of employment because of her pregnancy.

5 Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,1331,1337,1343 and 1345.

6 This action is authorized and instituted pursuant to Section 706(£)(1) and (3) of Title VII of the

7 Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(£)(1) and (3) ("Title VII"), the

8 Pregnancy Discrimination Act of 1978,42 U.S.C. § 2000e(k), and Section 102 of the Civil

9 Rights Act of 1991,42 U.S.C. § 1981a.

10

VENUE

11

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

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

13

PARTIES

14

3. Plaintiff, the U.S Equal Employment Opportunity Commission ("EEOC" or

15 "Commission"), is the agency of the United States of America charged with the administration,

16 interpretation and enforcement of Title VII, and is expressly authorized to bring this action by

17 Section 706(£)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(£)(I) and (3).

18

4. From at least as early as February 11,2002, through at least September 17,2003,

19 Defendant K-T CONTRACT SERVICES, INC. was and has continuously been a Texas

20 corporation doing business in the State of Nevada, County of Clark, as Coach USA and has

21 continuously had at least 15 employees.

22

5. Since at least as early as September 17, 2003, Defendant CUSA K-TCS, LLC has

23 continuously been a Delaware corporation doing business in the State of Nevada, County of

24 Clark, as Coach USA and has continuously had at least 15 employees.

25

6. From at least as early as February 11,2002, through at least September 17,2003,

26 Defendant COACH USA TOURS-LAS VEGAS, INC. was and has continuously been a Nevada

27 III

28

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- Case 2:05-cv-01205-KJD-PAL

Document 1

Filed 09/30/2005

Page 3 of 5

1 corporation doing business in the State of Nevada, County of Clark, and has continuously had at

2 least 15 employees.

3

7. On or about September 17, 2003, Defendant CUSA K-TCS, LLC purchased all or

4 a portion of the business and assets of Defendant COACH USA TOURS-LAS VEGAS, INC.

5 with notice of its legal obligations, and continued the operations and workforce of Defendant

6 COACH USA TOURS-LAS VEGAS, INC.

7

8. Defendant CUSA K-TCS, LLC is a successor-in-interest to Defendant K-T

8 CONTRACT SERVICES, INC.

9

9. During the relevant periods alleged in this Complaint, Defendants K-T

10 CONTRACT SERVICES, INC., CUSA K-TCS, LLC, and COACH USA TOURS-LAS

11 VEGAS, INC. ("Defendant Employers") have successively and/or collectively been employers

12 of Katherine Borane.

13

10. At all relevant times, Defendant Employers have continuously been employers

14 engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of

15 Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

16

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

17 attributable to all Defendants, each acting as a successor, agent, employee, or under the direction

18 and control of the others, except as specifically alleged otherwise. Said acts and failures to act

19 were within the scope of such agency and/or employment, and each Defendant participated in,

20 approved and/or ratified the unlawful acts and omissions by the other Defendants complained of

21 herein. Whenever and wherever reference is made in this Complaint to any act by a Defendant

22 or Defendants, such allegations and reference shall also be deemed to mean the acts and failures

23 to act of each Defendant acting individually, jointly, and/or severally.

24

STATEMENT OF CLAIMS

25

12. More than thirty days prior to the institution of this lawsuit, Katherine Borane

26 filed a charge with the Commission alleging violations of Title VII by Defendant Employers.

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

28

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Case 2:05-cv-01205-KJD-PAL Document 1 Filed 09/30/2005 Page 4 of 5

1

13. From at least as early as August 8, 2003, through at least February 11,2004,

2 Defendant Employers individually and collectively engaged in unlawful employment practices at

3 their Las Vegas, Nevada, location, in violation of Section 703 of Title VII, 42 U.S.C. § 2000e-2,

4 and the Pregnancy Discrimination Act of 1978,42 U.S.C. § 2000e(k), by denying Katherine

5 Borane equal employment opportunities based on her sex, female, because of her pregnancy.

6 Defendant Employers failed to accord Ms. Borane the compensation, terms, conditions, and

7 privileges of employment equal to those enjoyed by her non-pregnant counterparts by, inter alia,

8 refusing and failing to adjust her job duties as recommended by her physician during a critical

9 period of her pregnancy, placing her on an unpaid medical leave of absence, and denying her

10 disability benefits to which she was entitled during the period she was placed on medical leave.

11

14. The effect of the practices complained of in paragraph 13 above has been to

12 deprive Katherine Borane of equal employment opportunities and otherwise adversely affect her

13 status as an employee, because of her sex.

14

15. The unlawful employment practices complained of in paragraph 13 above were

15 done with malice or with reckless indifference to the federally protected rights of Katherine

16 Borane.

17

PRAYER FOR RELIEF

18

Wherefore, the Commission respectfully requests that this Court:

19

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

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

21 sex discrimination and any other employment practice which discriminates on the basis of sex.

22

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

23 programs which provide equal employment opportunities for women, and which eradicate the

24 effects of their past unlawful employment practices.

25

C. Order Defendant Employers to make whole Katherine Borane, by providing

26 appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other

27 affirmative relief necessary to eradicate the effects of their unlawful employment practices,

28

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-- Case 2:05-cv-01205-KJD-PAL

Document 1

Filed 09/30/2005

Page 5 of 5

I including but not limited to compensation for loss of seniority and benefits, plus prejudgment

2 interest, during the period of Ms. Borane's medical leave and afterward.

3

D. Order Defendant Employers to make whole Katherine Borane, by providing

4 compensation for past and future pecuniary losses resulting from the unlawful employment

5 practices described in paragraph 13 above, in amounts to be determined at trial.

6

E. Order Defendant Employers to make whole Katherine Borane by providing

7 compensation for past and future nonpecuniary losses resulting from the unlawful practices

8 complained of in paragraph 13 above, including emotional pain, suffering, inconvenience, loss 0

9 enjoyment of life, and humiliation, in amounts to be determined at trial.

10

F. Order Defendant Employers to pay Katherine Borane punitive damages for their

11 malicious and reckless conduct described in paragraphs 13 and IS above, in amounts to be

12 determined at trial.

13

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

14 interest.

IS

H. Award the Commission its costs of this action.

16

JURY TRIAL DEMAND

17

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

18

James L. Lee

19

Deputy General Counsel

20

Gwendolyn Young Reams

21

Associate General Counsel

22
23

~~ o Y~ Anna Par

Regional Attorney 24

25

26

27

28

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 Case 2:05-cv-01205-KJD-PAL Document 26 Filed 09/20/2006 Page 1 of 14

1 Anna Y. Park, CA SBN 164242

Gregory L. McClinton. CA SBN 153553 2 Connie K. Liem, TX SBN 00791113

3

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

4 255 East Temple Street, 4th Floor

Los Angeles, CA 90012

5 Telephone: (213) 894-1053

Facsimile: (213) 894-1301
6

7 Attorneys for Plaintiff U.S. EQUAL EMPLOYMENT
8 OPPORTUNITY COMMISSION

9
UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11 US EQUAL EMPLOYMENT 12 OPPORTUNITY COMMISSION,

DOCKET NO. CV-S-05-1205-KJD-PAL

13 vs.

Plaintiff,

14 K-T CONTRACT SERVICES,

15

INC. and CUSA K-TCS , LLC, each d/b/a Coach USA; and

16

COACH USA TOURS - LAS VEGAS, INC.,

CONSENT DECREE

17

Defendants.

18

19

I.

20

INTRODUCTION

21

Plaintiff Equal Employment Opportunity Commission (the "EEOC") and

22 Defendant CUSA K-TCS, LLC, d/b/a Coach USA Tours ("CUSA"); and COACH

23 USA TOURS -Las Vegas, Inc., ("COACH") hereby stipulate and agree to entry of this

24 Consent Decree to resolve the EEOC's complaint, filed under Title VII of the Civil

25 Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII"), alleging that:

26 Katherine Borane (hereinafter "Charging Party") was discriminated against while

27 employed at Coach due to her pregnancy.

28
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Case 2:05-cv-01205-KJD-PAL Document 256 Filed 09/1290/2006 Page 2 of 14

1 this Decree is not an admission of liability, any wrongful act, or any violation of law.

2

a

3

PURPOSES AND SCOPE OF THE CONSENT DECREE

4

A. The parties to this Consent Decree ("Decree") are the EEOC, CUSA, and

5 Coach. This Decree shall be binding on and enforceable against Coach and CUSA.

6

B. The parties have entered into this Decree for the following purposes:

7

I. To avoid further expenses incident to this litigation; and

8

II. To provide a final and binding settlement upon the parties as to all

9

Title VII claims alleged by the EEOC in the Complaint filed in this action, and

10

III. To ensure compliance with obligations under Title VII.

11

III.

12

RELEASE OF CLAIMS

13

A. This Decree fully and completely resolves all issues, claims and

14 allegations by the EEOC against CUSA and Coach that are raised in the Complaint

15 filed in this action in the United States District Court, District of Nevada on June 30,

16 2004, captioned Equal Employment Opportunity Commission v. K-T Contract

17 Services, Inc., and CUSA K-TCS, LLC, each d/b/a Coach USA Tours - Las Vegas,

18 Inc.; COACH USA TOURS - LAS VEGAS, INC., CV-S-05-1205-KJD-PAL (the

19 "Complaint").

20

B. Nothing in this Decree shall be construed to preclude the EEOC, CUSA

21 or Coach from bringing a petition before the Court to enforce this Decree in the event

22 that any party hereto fails to perform the promises and representations contained

23 herein.

24

C. Nothing in this Decree shall be construed to limit or reduce CUSA or

25 Coach's obligation to comply fully with Title VII, the ADEA, or any other federal

26 employment statute.

27

D. This Decree III no way affects the EEOC's right to bring, process,

28 investigate or litigate other charges that may be in existence or may later arise against

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Case 2:05-cv-01205-KJD-PAL Document 256 Filed 09/1290/2006 Page 3 of 14

1 CUSA or Coach in accordance with standard EEOC procedures.

2

E. This Decree constitutes the good faith, fair and equitable resolution of

3 disputed claims.

4

IV.

5

JURISDICTION

6

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

7 lawsuit. The Complaint asserts claims that, if proven, would authorize the Court to

8 grant the equitable relief set forth in this Decree. The terms and provisions of this

9 Decree are fair, reasonable and just. This Decree conforms with the Federal Rules of

10 Civil Procedure and Title VII, and is not in derogation of the rights or privileges of

11 any person.

12

B. The Court shall retain jurisdiction of this action for the duration of the

13 Decree for the purposes of entering all orders, judgments and decrees that may be

14 necessary to implement and enforce the relief agreed to herein.

15

V.

16

EFFECTIVE DATE AND DURATION OF DECREE

17

A. The provisions and agreements contained herein shall become effective

18 immediately on the date on which this Decree is entered by the Court ("the Effective

19 Date").

20

B. This Decree shall remain in effect for two (2) years after the Effective

21 Date.

22

VI.

23

MODIFICATION AND SEVERABILITY

24

A. This Decree comprises the complete understanding of the parties with

25 respect to the matters contained herein. No waiver, modification or amendment of

26 any provision of this Decree will be effective unless made in writing, signed by an

27 authorized representative of each of the parties, and entered as an order by this Court.

28

B. If one or more provisions of this Decree are rendered unlawful or

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Case 2:05-cv-01205-KJD-PAL Document 256 Filed 09/1290/2006 Page 4 of 14

1 unenforceable, the parties shall make good faith efforts to agree upon appropriate

2 amendments to this Decree in order to effectuate the purposes of this Decree. In any

3 event, the remaining provisions will remain in full force and effect unless the purposes

4 of this Decree cannot, despite the parties best efforts, be achieved.

5

C. By mutual agreement of the parties, this Decree may be amended or

6 modified in the interests ofjustice and fairness in order to effectuate the provisions of

7 this Decree.

8

VII.

9

COMPLIANCE AND DISPUTE RESOLUTION

l O A . The parties agree that if the EEOC has reason to believe that CUSA or

11 Coach has failed to comply with any provision of this Consent Decree, the EEOC may

12 bring a petition before this Court to enforce the Decree. Prior to initiating such

13 petition, the EEOC will notify Coach's legal counsel of record, in writing, of the

14 nature of the dispute. This notice shall specify the particular provisions that the

15 EEOC believes have been breached. CUSA or Coach shall have thirty (30) days after

16 receipt of the notice to attempt to resolve or cure any breach.

17

B. The parties agree to cooperate with each other and use their best efforts to

18 resolve any dispute referenced in the EEOC's notice.

19

C. After thirty days have passed with no resolution or mutual written

20 agreement to extend the time further, the EEOC may petition this Court for resolution

21 of the dispute, seeking all available relief, including an extension of the term of the

22 Decree for such period of time as Coach is shown to be in breach of the Decree, the

23 EEOC's costs and attorneys' fees incurred in securing compliance with the Decree,

24 and any other relief the Court may deem appropriate to secure compliance with the

25 Decree and any other relief the Court may deem appropriate.

26

VIII.

27

MONETARY RELIEF

28

Within ten (10) business days after the Effective Date, CUSA and Coach shall

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Case 2:05-cv-01205-KJD-PAL Document 256 Filed 09/1290/2006 Page 5 of 14

1 jointly deliver to the named Charging Party, the lump sum of $18,000.00. The sum

2 disbursed to Charging Party shall be considered emotional distress damages and shall

3 be reported by CUSA and Coach on IRS Form 1099 which forms shall be issued to

4 the Charging Party who shall make appropriate reports to the Internal Revenue

5 Service and other tax authorities. Within five (5) days, Coach and CUSA shall also

6 mail a copy of the check to Anna Y. Park, Regional Attorney, U.S. Equal

7 Employment Opportunity Commission at 255 East Temple Street, Fourth Floor, Los

8 Angeles, California 90012.

9

IX.

10

GENERAL INJUNCTIVE RELIEF

11

A. Non-Discrimination

12

1. Discrimination Based on Sex

13

CUSA and Coach, their officers, agents, management (including all supervisory

14 employees), successors, assigns, and all those in active concert or participation with

15 them, or any of them, hereby agree not to: (a) discriminate against persons on the

16 basis of sex (pregnancy) in the terms and conditions of employment; and (b) engage in

17 or be a party to any action, policy or practice that is intended or is known to them to

18 have the effect of discrimination or intimidating any employee on the basis of her sex;

19 and (c) create, facilitate or permit the existence of a work environment that is hostile

20 to employees due to their sex (pregnancy).

21

2. Retaliation

22

CUSA and Coach, their officers, agents, management (including all supervisory

23 employees), successors, assigns, and all those in active concert or participation with

24 them, or any of them, hereby agree not to engage in, implement or permit any action,

25 policy or practice with the purpose of retaliating against any current or former

26 employee or applicant of Coach or CUSA, or either of them, because he or she has in

27 the past, or during the term of this Decree: (a) opposed any practice made unlawful

28 under Title VII; (b) filed a charge of discrimination alleging such practice; (c) testified

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Case 2:05-cv-01205-KJD-PAL Document 256 Filed 09/1290/2006 Page 6 of 14

1 or participated in any manner in any investigation (including without limitation, any

2 internal investigation undertaken by Coach or CUSA), proceeding in connection with

3 this case and/or relating to any claim of a Title VII violation; (d) was identified as a

4 possible witness or claimant in this action; (e) asserted any rights under this Decree; or

5 (f) sought and/or received any relief in accordance with this Decree.

6

B. Policies and Procedures

7

CUSA shall maintain those policies and procedures as follows:

8

1. its procedures to handle complaints of discrimination;

9

2. revise and implement its anti- discriminatory policy and reporting

10 procedure to effectively carry out its obligations under this Decree;

11

3. train managerial and stafflhourly employees on their rights and

12 responsibilities under Title VII, including but not limited to the responsibilities to

13 provide a workplace free of discrimination;

14

4. train all employees on policies and procedures relating to

15 pregnancy discrimination;

16

5. investigate all complaints of discrimination;

17

6. ensure that CUSA properly communicates with complainants

18 regarding the complaint procedure, status of the complaint/investigation, results of the

19 investigation, and whether remedial action was taken;

20

7. ensure that all reports required by this Decree are accurately

21 compiled and timely submitted;

22

8. create appropriate and consistent disciplinary policies to hold

23 employees and managers accountable for failing to take appropriate action and/or for

24 engaging in conduct prohibited under this Decree;

25

9. create a centralized system of tracking discrimination complaints;

26 and

27

10. further ensure compliance with the terms of this Decree.

28

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Case 2:05-cv-01205-KJD-PAL Document 256 Filed 09/1290/2006 Page 7 of 14

1

C. Revision of Policies Concerning Discrimination

2

CUSA shall revise its policy on discrimination and provide a copy to the

3 Commission within ninety (90) days after the Effective Date. The revised policy shall

4 include:

5

l. A clear explanation of prohibited conduct;

6

2. A clearly described complaint process that provides accessible and

7 confidential avenues of complaint with contact information including address, and

8 telephone number of persons both internal (i.e., human resources) and external to

9 CUSA (Le., the EEOC and NERC) to whom employees may report discrimination.

10

3. Assurance that the employer will protect the confidentiality of the

11 discrimination complaints to the extent possible;

12

4. A complaint process that provides a prompt, thorough, and

13 impartial investigation;

14

5. A procedure for communicating with the complainant in writing

15 regarding the status of the complaint/investigation, results of the investigation, and

16 whether remedial action was taken; and

17

6. Assurance that CUSA will take immediate and appropriate

18 corrective action when it determines that discrimination has occurred.

19

This revised policy shall be distributed in English and Spanish, based upon the

20 language preference of the employee, to all of CUSA's employees, including

21 management/supervisory staff, and shall be included in the Operations Manual.

22 CUSA shall collect acknowledgments from each employee who receives the revised

23 policy, in either English or Spanish depending on the language preference of each

24 employee.

25

D. Training

26

Within sixty (60) days after CUSA revises and redistributes its policy on

27 discrimination pursuant to Section C above, all of CUSA's managerial/supervisory,

28 human resources, and stafflhourly employees employed in Nevada shall be required to

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1 attend an intensive training program of 2.0 hours for managerial employees and 1.5

2 hours for stafflhourly employees by Kim Henry, Human Resources Director

3 Western Division, CUSA. The training shall be mandatory and occur once each year

4 for the term of this Decree. One training each year for stafflhourly employees shall be

5 conducted in Spanish for any employee for whom Spanish is the language preference,

6 and one training each year for staff/hourly employees shall be conducted in English.

7 Each staff/hourly employee shall be required to attend one training session each year,

8 in a language that each employee best understands.

9

1. All employee training shall include coverage of the subjects of

10 equal employment opportunity rights and responsibilities, discrimination, and

11 CUSA's revised policies and procedures for reporting and handling complaints of

12 discrimination.

13

2. The training of managerial employees shall additionally include

14 training on how to properly handle and investigate complaints of discrimination in a

15 neutral manner, how to take preventive and corrective measures against

16 discrimination, and how to recognize and prevent discrimination.

17

3. For the remainder of the term of this Decree, all new employees

18 and all employees recently promoted from a stafflhourly to a managerial position shall

19 receive the managerial or stafflhourly employee training, as appropriate, within thirty

20 (30) days of hire or promotion. This training may be conducted by videotaped

21 presentation.

22

4. After the initial training as specified above, all employees shall

23 receive the training annually thereafter for the remainder of the term of this Decree.

24

5. All employees required to attend such training shall verify their

25 annual attendance in writing. Any employees who fail to attend the live training shall

26 be trained within 30 days. This training may be conducted by videotaped presentation.

27

6. Within forty-five (45) days after CUSA shall submit to the EEOC

28 a description of the training to be provided and an outline of the curriculum developed

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1 for the trainees, which complies with this Decree. Coach shall give the EEOC a

2 minimum of ten (10) business days advance written notice of the first annual training

3 of the date, time and location of each training program provided pursuant to this

4 Decree, and agrees that an EEOC representative may attend the training programs.

5

7. Human Resources training shall be specific to their obligations,

6 includ~ng the handling and investigating of complaints of discrimination. This

7 training shall be above and beyond the supervisor/manager training as set forth above.

8

E. Complaint Procedure

9

CUSA shall maintain an Internal Complaint Procedure to allow employees to

10 raise complaints relating to discrimination and retaliation. The Complaint Procedure

11 shall include:

12

1. A complainant shall not be required to first report the complaint to

13 a person who the complainant has accused of the inappropriate conduct to invoke the

14 Internal Complaint Procedure.

15

2.

CUSA will maintain a policy of nondiscrimination and equal

16 treatment, including a policy of zero tolerance for unlawful discrimination, in all of its

17 employment practices.

18

3. The Internal Complaint Procedure shall inform the employee of his

19 or his right to file a charge or complaint of discrimination or retaliation under any

20 available municipal, state, or federal law. CUSA will attempt to resolve the issues

21 internally.

22

4. CUSA shall publish with the Internal Complaint Procedure the

23 following elements that will be included in the procedure:

24

a. A statement that it is unacceptable to retaliate against any

25

employee for use of the Internal Complaint Procedure, for assisting

26

in the investigation of a complaint, or for otherwise assisting in the

27

utilization of the procedure.

28

b.

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9.

Case 2:05-cv-01205-KJD-PAL Document 256 Filed 09/1290/2006 Page 10 of 14

1

retaliation against a manager or other employee is substantiated,

2

then such conduct will result in appropriate discipline, up to and

3

including discharge.

4

F. Neutral Reference

5

Should CUSA be contacted by prospective employers at any time, CUSA shall

6 give only the dates of employment and position held for Katherine Borane.

7

x.

8

RECORD KEEPING AND REPORTING

9

A. Record Keeping

10

CUSA shall establish a record-keeping procedure that provides for the

11 centralized tracking of discrimination complaints and the monitoring of such

12 complaints to prevent retaliation. The records to be maintained shall include:

13

A. All documents generated in connection with any complaint, investigation

14 into, or resolution of every complaint of discrimination for the duration of the Decree

15 and the identities of the parties involved;

16

B. All forms acknowledging employees' receipt of CUSA's revised

17 discrimination policy;

18

C. All documents verifying the occurrence of all training seSSIOns and

19 names and positions of all attendees for each session as required under this Decree;

20 and

21

D. Documents tracking and analyzing complaints filed against the same

22 employee and location.

23

The foregoing documents shall be summarized in the annual reports set forth

24 below.

25

B.

Reporting

26

In addition to the notices to the EEOC specified above, CUSA shall provide the

27 following reports to the EEOC in writing, by mail or facsimile:

28

A. Within ninety (90) days after the first presentation of CUSA's training

LITTLER MENDELSON
350 west liberty Street
Suite 400
Reno. NV 69501 nS34S.4&88

Firmwide:80832641.1 046923.1034

'irmwide:81417788.

046923.1034

10.

Case 2:05-cv-01205-KJD-PAL Document 256 Filed 09/1290/2006 Page 11 of 14

1 program described above, CUSA shall submit to the EEOC an initial report which

2 contains:

3

(a) A copy of the revised discrimination policy;

4

(b) A summary of the procedures and record-keeping methods for

5

centralized tracking of discrimination complaints and the monitoring of

6

such complaints;

7

(c) A statement confirming that the required notices pertaining to this

8

Decree and the revised discrimination and anti-retaliation policy has been

9

posted; and

10

(d) Copies of all employee acknowledgment forms indicating receipt

11

of the revised discrimination and anti-retaliation policy.

12

B. CUSA shall also provide the following reports semi annually for the two-

13 year period throughout the term of this Decree:

14

(a) The attendance lists of all attendees for all training seSSIons

15

required under this Decree that took place during the previous six

16

months;

17

(b) Acknowledgments of receipt of the revised discrimination and

18

harassment policy for all employees hired during the previous six

19

months; and

20

(c) A description of all discrimination andlor retaliation complaints

21

made since the submission of the immediately preceding report

22

hereunder. This description shall include the names of the individuals

23

alleging harassment or retaliation, the nature of the harassment or

24

retaliation, the names of the alleged perpetrators of harassment or

25

retaliation, the dates of the alleged harassment or retaliation, a brief

26

summary of how each complaint was resolved, and the identity of the

27

person(s) who investigated or resolved each complaint. Ifno results have

28

been reached as of the time of the report, the result shall be included in

LITILER MENDELSON
350Wett Ubetty strfMIl Suite 400
RIfIO, NV 8Q501 nS348A388
:innwide:81417788.

Finnwide:80832641.1 046923.1 034

046923.1034

11.

Case 2:05-cv-01205-KJD-PAL Document 256 Filed 09/1290/2006 Page 12 of 14

1

the next report;

2

(d) An analysis of the monitoring done for repeat complaints by

3

employees and by location; and

4

(e) CUSA shall provide a report to the EEOC detailing any changes of

5

the procedures or record-keeping methods for centralized tracking of

6

discrimination complaints and the monitoring of such complaints within

7

thirty (30) days before implementing such changes.

8

XI.

9

COSTS OF ADMINISTRATION AND IMPLEMENTATION

10

OF CONSENT DECREE

11

CUSA shall bear all costs associated with its administration and implementation

12 of its obligations under this Consent Decree.

13

XII.

14

COSTS AND ATTORNEYS' FEES

15

Each party shall bear its own costs of suit and attorneys' fees.

16

XIII.

17

MISCELLANEOUS PROVISIONS

18

A. During the term of this Consent Decree, CUSA shall provide any

19 potential successor-in-interest with a copy of this Consent Decree within a reasonable

20 time of not less than thirty (30) days prior to the execution of any agreement for

21 acquisition or assumption of control of CUSA's Nevada facilities, or any other

22 material change in corporate structure, and shall simultaneously inform the EEOC of

23 same.

24

B. During the term of this Consent Decree, CUSA and its successors shall

25 assure that each of its officers, managers and supervisors located in Nevada are aware

26 of any term(s) of this Decree which may be related to his/her job duties.

27

C. Unless otherwise stated, all notices, reports and correspondence required

28 under this Decree shall be delivered to the attention of the Regional Attorney, Anna Y.

LITILER MENDELSON 350 west Uberty Str..t
Suitit400
R~,HV 89501 775348,4888

Firmwide:80832641.1 046923.1034

;irmwide:81417788.

046923.1034

12.

Case 2:05-cv-01205-KJD-PAL Document 256 Filed 09/1290/2006 Page 13 of 14

1 Park, U.S. Equal Employment Opportunity Commission, Los Angeles District Office,

2 255 E. Temple St., 4th FI., Los Angeles, CA 90012.

3

D. The parties agree to entry of this Decree and judgment subject to final

4 approval by the Court.

E. The parties agree to sign in counterparts, and each such counterpart shall

be deemed an original as to the party to be charged.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Anna Y. Park, Regional Attorney Connie K. Liem, Trial Attorney Gregory L. McC . Trial Attorney

1/ Date:

, 1:>( [1 Ct

By: ~A-n-n-a~.::;::;:a:::;ri""',~R;:;-e-g--;i-on-a--;I-A"t;-:-to-rn-ey--

Attorneys for Plaintiff

LITTLER MENDELSON
BY:~W..&~ KaIJCM. Tayor,sq: Attorneys for Defendants CUSA K-TCS, LLC

JENNING STROUSS & SALMON PLC

By:

20

21

22

ORDER

23

This Court having found that the foregoing Consent Decree was entered into in

24 good faith and that the terms of the foregoing Consent Decree are fair, reasonable, and

25 just, the provisions of the foregoing Consent Decree are hereby approved and

26 compliance with all provisions thereof is HEREBY ORDERED. IT IS SO

27

ORDERED. Date: 9/20/06

28

UNITED STATES DISTRICT JUDGE

LlnLER MENDELSON
l5OW_litMrt)'~HI
SUiI.400 R~, NV 88501
n s .348 ...aae

Firmwide:80832641.l 046923 .1034

: irmwide :81417788 .

046923 .1034

13.

Case 2:05-cv-01205-KJD-PAL Document 256 Filed 09/1290/2006 Page 14 of 14 LITTLER MENDELSON ®
", I' K (1 If:,,"! (1 N ,; I «(']l.. I' i.', Il.. .\ 'I I ():-.

September 5, 2006 VIA U.S. MAIL

Sandra Ketner Direct: 775.785.6387 Direct Fax: 775.562.8147
sketner@littler.com

I I \~
;lj"-(!U' ,)1
(1':: \1:\1\

Gregory McClinton, Esq. Trial Attorney Equal Employment Opportunity Commission Los Angeles District Office 255 East Temple Street, 4th Floor Los Angeles, CA 90012

Re: Katherine Borane v. CUSA, LLC, et al.; Case No.: CV-S-05-1205-KJD-PAL

Dear Mr. McClinton:

Enclosed please find the original Consent Decree in the above-referenced matter. CUSA, LLC's and Coach USA's settlement checks will follow under separate cover within the timeframe prescribed by the Consent Decree.

Please do not hesitate to contact me if you have any questions or concerns regarding this matter.

~~ Sandra Ketner cc: Jack Sestak, Esq.

,,;,

! I l ,\H.! 11 I " "

Firmwide:81457941.1 046923,1034 9/5/063:54 PM

Reno, ~cvada W)S0L19H Td: 775,348.4888 Fax: 775.786,[1127 \Vww,litd~l"COl1l

 
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CLOSED, ENE
United States District Court District of Nevada (Las Vegas) CIVIL DOCKET FOR CASE #: 2:05-cv-01205-KJD-PAL

U.S. EEOC VS K-T CONTRACT SERVICES, INC., ET AL Assigned to: Judge Kent J. Dawson Referred to: Magistrate Judge Peggy A. Leen
Magistrate Judge George W Foley, Jr (Settlement) Cause: No cause code entered

Date Filed: 09/30/2005 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

Connie Liem U.S. Equal Employment Opportunity Commission Legal Unit 255 East Temple Street 4th Floor Los Angeles, CA 90012 213-894-1074 Email: connie.liem@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant CUSA K-TCS, LLC

represented by John G. Sestak, Jr. Jennings Strouss & Salmon 201 E. Washington Street Phoenix, AZ 85004 US 602-262-5827 Email: jsestak@jsslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Defendant K-T Contract Servics, Inc.
Defendant COACH USA TOURS-LAS VEGAS, INC.

Gregory F. Buhyoff Weide & Miller, Ltd. 7251 W. Lake Mead Blvd Suite 530 Las Vegas, NV 89128 Email: GBuhyoff@weidemiller.com ATTORNEY TO BE NOTICED
Karyn M Taylor Littler Mendelson, PC 50 West Liberty Street Suite 400 Reno, NV 89501775-348-4888 Fax: 775-562-8126 Email: kmtaylor@littler.com ATTORNEY TO BE NOTICED
represented by John G. Sestak, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory F. Buhyoff (See above for address) ATTORNEY TO BE NOTICED
represented by John G. Sestak, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory F. Buhyoff (See above for address) ATTORNEY TO BE NOTICED

Date Filed
09/30/2005 09/30/2005 12/06/2005

#

Docket Text

SUMMONS ISSUED To K-T contract services (Entered: 10/17/2005)
1 COMPLAINT Complaint for ENE. (Entered: 10/17/2005)
4 WAIVER OF SERVICE Returned Executed by Plaintiff Jeffrey U'ren, Defendants CUSA K-TCS, LLC, K-T Contract Servics, Inc.. CUSA K-TCS, LLC waiver sent on 11/21/2005, answer due 1/20/2006; K-T Contract Servics, Inc. waiver sent on 11/21/2005, answer due 1/20/2006. (WM) (Entered: 12/14/2005)

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12/12/2005 12/12/2005 12/22/2005 12/22/2005 12/28/2005 01/05/2006 01/06/2006
01/06/2006
01/13/2006 01/30/2006
01/30/2006 01/31/2006
02/06/2006

2 ANSWER to 1 Complaint by Defendant CUSA K-TCS, LLC. Certificate of Interested Parties due by 12/22/2005. Discovery Plan due by 1/26/2006.(Taylor, Karyn) (Entered: 12/12/2005)
3 CERTIFICATE of Interested Parties by Defendant CUSA K-TCS, LLC. (Taylor, Karyn) (Entered: 12/12/2005)
5 ORDER Scheduling ENE session, 2/24/06 @9:00am, Signed by Judge George W Foley Jr. on 12/21/05. (AXM, ) (Entered: 12/22/2005)
6 NOTICE of waiver of service of summons by Plaintiff EEOC (AXM, ) (Entered: 12/23/2005)
Deadlines/Hearings re: filing of certificate of interested parties by D/CUSA terminated. CIP filed 12/12/05. (PAV, ) (Entered: 12/28/2005)
7 ANSWER to 1 Complaint by Defendants CUSA K-TCS, LLC, K-T Contract Servics, Inc.. Certificate of Interested Parties due by 1/15/2006. Discovery Plan due by 2/19/2006.(Buhyoff, Gregory) (Entered: 01/05/2006)
8 CERTIFICATE OF SERVICE by Defendants COACH USA TOURS-LAS VEGAS, INC., CUSA K-TCS, LLC, K-T Contract Servics, Inc. re 2 Answer to Complaint. (Buhyoff, Gregory) Incomplete document filed. Attorney Gregory Buhyoff contacted and advised to refile a Notice of Filing Corrected Document and attach complete document. (Entered: 01/06/2006)
9 NOTICE of Docket Correction to 8 Certificate of Service, : Error: Incomplete document attached; Correction: Attorney Gregory Buhyoff advised to refile a Notice of Filing Corrected Document and attach the correct document. (no image attached)(MJZ) (Entered: 01/10/2006)
10 CERTIFICATE of Interested Parties by Coach USA Tours-Las Vegas, Inc. and by Defendant K-T Contract Servics, Inc.. (Buhyoff, Gregory) (Entered: 01/13/2006)
11 VERIFIED PETITION for Permission to Practice Pro Hac Vice submitted by attorney John G. Sestak, Jr., by Defendants COACH USA TOURS-LAS VEGAS, INC., K-T Contract Servics, Inc.. (Buhyoff, Gregory) (Entered: 01/30/2006)
12 DESIGNATION of Local Counsel by Gregory F. Buhyoff on behalf of Defendants COACH USA TOURS-LAS VEGAS, INC., K-T Contract Servics, Inc.. (Buhyoff, Gregory) (Entered: 01/30/2006)
13 ORDER granting 11 Verified Petition for Permission to Practice Pro Hac Vice for Attorney John G. Sestak, Jr for COACH USA TOURS-LAS VEGAS, INC. and CUSA K-TCS, LLC. Signed by Judge Kent J. Dawson on 1/31/06. (MAJ, ) (Entered: 02/06/2006)
14 DESIGNATION of Local Counsel John G. Sestak, Jr hereby designates by Gregory F. Buhyoff on behalf of Defendants COACH USA TOURS-LAS VEGAS, INC., CUSA K-TCS, LLC, K-T Contract Servics, Inc.. (MAJ, ) (Entered: 02/06/2006)

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02/16/2006 02/17/2006
02/27/2006 03/03/2006 03/20/2006
03/23/2006
05/02/2006 05/03/2006 06/22/2006 07/31/2006 09/19/2006 09/20/2006

15 STIPULATION JOINT STIPULATION TO VACATE EARLY NEUTRAL EVALUATION by Defendants COACH USA TOURS-LAS VEGAS, INC., CUSA K-TCS, LLC, K-T Contract Servics, Inc., Plaintiff Jeffrey U'ren. (Ketner, Sandra) (Entered: 02/16/2006)
16 ORDER on Stipulation re 15 Stipulation filed by Jeffrey U'ren, CUSA K-TCS, LLC, K-T Contract Servics, Inc., COACH USA TOURS-LAS VEGAS, INC. ENE session is vacated. If case does not settle within 30 days of this order, counsel will contact courtroom deputy to reschedule ENE. Signed by Judge George W Foley Jr. on 2/17/06. (MJZ) (Entered: 02/27/2006)
17 STIPULATION JOINT STIPULATED DISCOVERY PLAN by Defendants COACH USA TOURS-LAS VEGAS, INC., CUSA K-TCS, LLC, K-T Contract Servics, Inc., Plaintiff Jeffrey U'ren. (Taylor, Karyn) (Entered: 02/27/2006)
18 SCHEDULING ORDER. Pretrial Order due 9/13/06. Discovery due by 7/14/2006. Motions due by 8/14/2006. Signed by Judge Peggy A. Leen on 3/1/06. (AXM, ) (Entered: 03/03/2006)
19 MINUTE ORDER IN CHAMBERS of the Honorable George W Foley Jr., U.S. Magistrate Judge on 3/20/2006. By Judicial Assistant: Julia Hill. Telephonic Status Conference set for THURSDAY, March 23, 2006, at 9:30 AM in LV Courtroom 3A before Magistrate Judge George W Foley Jr. regarding the need to reschedule an early neutral evaluation in this matter.(no image attached) (JXH) (Entered: 03/20/2006)
20 MINUTES OF PROCEEDINGS - TELEPHONIC Status Conference held on 3/23/2006 before Judge George W Foley Jr.. Crtrm Administrator: Kris Schulke; Pla Counsel: Greg McClinton; Def Counsel: Karen Taylor and Greg Buhyoff; Court Reporter/FTR #: 9:36:29-9:40:51; Time of Hearing: 9:30 a.m.. Representation by counsel is heard that they are still in possible settlement negotiations. For the reasons stated, IT IS ORDERED that counsel will file a status report in 30 days from today's date. (no image attached) (KLS, ) (Entered: 03/23/2006)
21 ORDER That counsel for the parties to file a status report regarding settlement negotiations no later than 5/10/2006. Status Report due by 5/10/2006. Signed by Judge George W Foley Jr. on 5/1/06. (RFJ) (Entered: 05/02/2006)
22 STATUS REPORT by Plaintiff U.S. Equal Employment Opportunity Commission. (McClinton, Gregory) (Entered: 05/03/2006)
23 STATUS REPORT by Defendant CUSA K-TCS, LLC. (Ketner, Sandra) (Entered: 06/22/2006)
24 STATUS REPORT by Defendant CUSA K-TCS, LLC. (Ketner, Sandra) (Entered: 07/31/2006)
25 STIPULATED/CONSENT JUDGMENT [PROPOSED CONSENT DECREE] by Plaintiff U.S. Equal Employment Opportunity Commission. (Park, Anna) (Entered: 09/19/2006)
26 CONSENT DECREE. Signed by Judge Kent J. Dawson on 9/20/06. (MAJ) (Entered: 09/26/2006)

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