US DC SCAN INDEX SHEET

11111

NMC 9/29/03 3:03-CV-01934 *1* *CMP.*

14:27 EEOC V. EARL SCHEIB INC

• •

1 ANNA Y. PARK, SBN 164242 CONNIE LIEM TX SBN 791113
2 ELIZABETH ESPARZA-CERVANTES, SBN 205412 U.S. EQUAL EMPLOYMENT
3 OPPORTUNITY COMMISSION 255 E. Temple StreetJ- 4th Floor
4 Los Angeles CA 90v12 Telephone: (213) 894-1032
5 FacSImile: (213) 894-1301

FILE.D
03 SEP 29 PH I: 15

ev:

DEPUT v

6 Attorneys for Plaintiff EOUAL EMPLOYMENT
7 OPPORTUNITY COMMISSION

8

UNITED STATES DIST~CT COURT

\\

9

SOUTHERN DISTRICT OIfCALIFORNIA

,

10 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

ev CASE NO·!OS 1(;) 3 l~ BIM NLS

11

COMPLAINT- CIVIL RIGHTS

12

Plaintiff,

EMPLOYMENT ..." ..... DIS(JRIMINATION .

...,,13 v.
...: <14
: 2 EARL SCHEIB, INCAd/b/a EARL 15 SCHEIB PAINT & BvDY; DOES

(42 V:S.C. §§ 2000e, et seq.) JURY TRIAL DEMAND

!216 1-6 Inclusive,
II

0
C

:

17

Defendants.

18

19

NATURE OF THE ACTION

20

This is an action under Title VII of the Civil Rights Act of 1964, as

21 amended, and Title I of the Civil Rights Act of 1991 to correct unlawful

22 employment practices on the basis of race, Black, and retaliation. Plaintiff United

23 States Equal Employment Opportunity Commission ("Commission") alleges that

24 Defendant Earl Scheib, Inc., d/b/a Earl Scheib Paint & Body and Does 1-6

25 ("Defendant") subjected Charging Parties Byron Richardson ("Richardson") and

26 Leroy Dee ("Dee"), and a class of similarly situated individuals ("class members")

27 to racial harassment and race based discrimination. The Commission further

~,g" thot D,f,nd"" retoli,tod ntl'in" ~d""ds;n, Deo, ",d nth" simil,dy

, ,

•

•

situated individuals in violation of Section 704(a) ofTitle VII for complaining

2 about the racial discrimination and/or engaging in other protected activities.

3

JURlSDICTION AND VENUE

4

I. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,

5 1331,1337,1343 and 1345.

6

2. This action is authorized and instituted pursuant to Section 706(f)(1)

7 and (3) ofTitle VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §

8 2000e-5(f)(l) and (3) ("Title VII") and Section 102 ofTitle I of the Civil Rights

9 Act of 1991, 42 U.S.C. § 1981a.

10

3. The employment practices alleged to be unlawful were committed

11 within the jurisdiction of the United States District Court for the Southern District

12 of California.

13

PARTIES

14

4. Plaintiff, Equal Employment Opportunity Commission, is the federal

15 agency charged with the administration, interpretation and enforcement of Title

16 VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of

17 Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3).

18

5. At all relevant times, Defendant was and is a California corporation

19 continuously doing business within the jurisdiction of the United States District

20 Court for the Southern District of California. At all relevant times, Defendant has

21 continuously employed fifteen (15) or more persons.

22

6. At all relevant times, Defendant has continuously engaged in an

23 industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of

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

25

26

STATEMENT OF CLAIMS

27

7. More than thirty days prior to the institution of this lawsuit,

28 Richardson and Dee filed charges with the Commission alleging violations of Title

2

. ,

•

•

VII by Defendant. The Commission investigated and issued Letters of

2 Determination finding that Richardson, Dee and a class of similarly situated

3 individuals were subjected to unlawful racial harassment and race discrimination.

4 The Commission also found that Richardson, Dee and a class of similarly situated

5 individuals were subjected to retaliation in violation of Title VII for complaining

6 about racial discrimination and/or engaging in other protected activities. All

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

8

8. Since at least March 1998, Defendant has engaged in unlawful

9 employment practices at its San Diego County locations, in violation of Section

10 703(a) of Title VII, 42 U.S.c. §2000e-2(a)(I) by subjecting Richardson, Dee and

II other similarly situated individuals to a pattern of racial harassment, hostile work

12 environment, and race based discrimination. The racial harassment and race

13 based discrimination that Richardson, Dee and the other similarly situated

14 individuals were subjected to, includes but is not limited to, unwelcome

15 derogatory comments, unwarranted discipline resulting in humiliation, unequal

16 terms and conditions of employment, and discharge or in the alternative,

17 constructive discharge on the basis of race, Black.

18

9. Since at least July 3, 2001, the date on which Richardson and Dee

19 filed charges of discrimination, Defendant has engaged in unlawful employment

20 practices at its San Diego County locations, in violation of Section 704(a) of Title

21 VII, 42 U.S.C. §2000e-3(a) by subjecting Richardson, Dee and other similarly

22 situated employees to retaliation. The unlawful retaliatory acts that Richardson,

23 Dee and other similarly situated individuals were subjected to, includes but is not

24 limited to disparate discipline, unequal terms and conditions of employment, and

25 discharge, or in the alternative, constructive discharge.

26

10. The effect of the practice(s) complained of in paragraphs 8 and 9

27 above has been to deprive Richardson, Dee and other similarly situated individuals

28 of equal employment opportunities and otherwise adversely affect their status as

3

• •

employees, because of their race, Black and/or because they engaged in activity

2 protected under Title VII.

3

II. The unlawful employment practices complained of in paragraphs 8

4 and 9 above were intentional.

5

12. The unlawful employment practices complained of in paragraphs 8

6 and 9 above were done with malice or with reckless indifference to the

7 federally protected rights of Richardson, Dee and other similarly situated

8 individuals.

9

13. As a direct and proximate result of Defendant's aforesaid acts

10 Richardson, Dee and other similarly situated employees have each suffered

11 emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation

12 and damages, according to proof.

13

14. As a direct and proximate result of Defendant' s aforesaid acts,

14 Richardson, Dee and other similarly situated individuals suffered a loss of

15 earnings in an amount according to proof:

16

PRAYER FOR RELIEF

17

Wherefore, the Commission respectfully requests that this Court:

18

A. Grant a permanent injunction enjoining Defendant, their respective

19 officers, successors, assigns, agents, and all persons in active concert or

20 participation with them, from engaging in any employment practice which

21 discriminates on the basis of race;

22

B. Grant a permanent injunction enjoining Defendant, their respective

23 officers, successors, assigns, agents, and all persons in active concert or

24 participation with them, from retaliating against any employee who engages in any

25 protected activity under Title VII;

26

C. Order Defendant to institute and carry out policies, practices, and

27 programs which provide equal employment opportunities and a non-hostile work

28 environment for Blacks, and which eradicate the effects of its past and present

4

• •

unlawful employment practices;

2

D. Order Defendants to make whole Richardson, Dee and other

3 similarly situated employees, by providing appropriate backpay with prejudgment

4 interest, and front pay in amounts to be determined at trial, andlor other

5 affirmative relief necessary to eradicate the effects of its unlawful employment

6 practices;

7

E. Order Defendants to make whole Richardson, Dee and other similarly

8 situated female employees by providing compensation for past and future non-

9 pecuniary losses resulting from the unlawful practices complained of in

10 paragraphs 9 and 10 above, including, but not limited to emotional pain, suffering,

11 inconvenience, loss of enjoyment of life, and humiliation, in amounts to be

12 determined at trial;

13

F. Order Defendants to pay Richardson, Dee and other similarly situated

14 employees punitive damages for its malicious and reckless conduct described in

15 paragraphs 9 and 10 above, in amounts to be deterrnined at trial;

16

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

17 the public interest; and

18

H. Award the Commission its costs of this action.

19 ///1111111

20 IIIIIIIIII

21 1///111111

22 ///1111111

23 1111111111

24 ///1111111

25 111111///1

26 IIIIIIII!I

27 IIIIIIIIII

28 1111111111

5

,, '

•

•

JURY TRlAL DEMAND

2

The Commission requests a jury trial on all questions offact raised by its

3 complaint.

4

5 Dated: September 29, 2003

6

Respectfully Submitted,

7

8

ERlC S. DREIBAND,

General Counsel

9

JAMES LEE,

10

Deputy General Counsel

11

GWENDOLYN YOUNG REAMS,

Associate General Counsel

12

U,S. EQUAL EMPLOYMENT

13

OPPORtUNITY COMMISSION

1801 "L" Street, N.W.

14

waskhingt.Co. 20507

15

.......-::::-

16

BY: ~~----~~---------

ANNA Y.PARK

17

Regional Attorney

18

CONNIELIEM

Senior Trial Attorney

19
ELIZABETH ESPARZA-

20

CERVANTES

Trial Attorney

21

22

U.S. EQUAL EMPLOYMENT

OPPORtUNITY COMMISSION

23

255 E. Temple Street, 4th Floor

Los Angeles, CA 90012

24

25

26

27

28

6

• t I~ • ",,°""1 -
The

JSM

civil

cover

sheet

and

the

infonnation

!Comained

bn

~Iei(

er

rC1¥IL COVE~ SHEET
rep!act: oJ. supplement the fiiing and service of pleadings

or

other papers

as

required

by

law,

except

as

provided

by

local

rules of court. This fonn, approved by {he Judicial Confent-; ofthc lied Staw:tin'September 1974, is required for the use of the Clerk of Court for the purpose of imtiatinE the civil docket

sheet. (SEE INSTRUCTIONS ON THE SECOND PAGE OF THIS FORM.)

l(a)PLAINTIFFS

03 SEP 29 PH I: ~~NDANTS

'03 r.u

1 ,

~

,
4 8fM NLS

'Uc., EQUAL EMPLOYMENT OPPORTUNITY .. EARL SCHEIB,

d/b/a EARL SCHEIB

i!kESIDENCE'~;;;~.~ ~I;TE~ D~F~~A~ f COMMISSION

;J,l:Uj'~.r".Ir.S:!·!1UD,~'Jt.l•'Q\.i!>CrT"ar ":c',\, )2A. INT & BODY;

DOES

1-6 ..,

__'S'-,..;D::;___-t (b) COUNTY OF RESIDENCE OF FIRST LISTED

PLAINTIFf' (EXCEM

IN

U.S.

PLAINTIFF

CA~I!il).

COUNlV
DEPU 1 VV;1i; O.S. PLAINTIff CASES ONLY)

Inclusive San Diego

..,
CO,"

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED

(c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER)
Anna Y. Park (213) 894-1032
Connie K, Liem
Elizabeth Esparza-Cervantes

ATTORNEYS (IF KNOWN)
Andrew L. Satenberg

(213) 312-4221

Manatt, Phelps & Phillips, LLP

11355 W. Olympic Blvd.

Los',.'Angeles, CA 90064

II. BASIS OF JURISDICTION (PLACE AN x IN ONE BOX ONLY)

}[Mu,s, Government Plaintiff
o:W,S, Government Defendant

o3Fedcral QUestion (U.s, Government Not 11 Party)
o4Divmity (Indicate Citizenship ofPllrtks in
Itcmlll

III. CITIZEI\SHIP OF PRINCIPAL PARTIES (PLACE AN X IN ONE BOX

(For OiversityCul's Only)

FOR PLAINTIFF AND ONE BOX FOR DEFENDANT

Citizen of This State
Citizen of Another State
Citiz~ or Subject of a Forci!:,'J1 Country

PT DEF

PT DEF

0 0 04 04 I I Incorporated or Principal Place ofBu5ine~~

in This State

0 0 0 2 2 Incorporated and Principal Place of Business 5 05

in Another Stale
o 0 3 3 Furcign Nation

06 06

IV. CAUSE OF ACTION (CITI£ THI!. US CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE. DO NOT CITE
JURISOICTtONALSTATUTESUNLESSDlVERSITy). Action under Title VII of the Civil Rights

1964, as amended, and Title I of the C'vil Rights Act of 1991 to

unlawful employment practices.

,.~ 'l-OOO e.

Act of correct

V NATURE OF SUIT (PLACE AN X IN ONE BOX ONL\)

CO~TRACl

TORtS

;-€'
-(!')
-o0::

~ 110 ln~u"mce
oI~OMarine ollOMiller Act
0 140 Negouable ln~trument
o150 Itll\:owty ofOveqmymcnl &&lfortemtlll (If JudgmOOl
oI~l Mcdk~'~Act o152 R«~vel)' QfDcfuultcd SI"denl
lcan~ (Exe!. Vetcram;)
o"JRccovcry o(mfV;\ylTlent (l(VQteI'\l!l~ Uetlcfiltl
o160 Slockhokkr, Suits
~ 190 Other COO1!aCI

PERSONAL I!\JlIRY
J 10 Airv"'n~ J 15 Airplane rrod~d liability 320 A!Iliaul~ Ubd & SllI.IlIlct 330 fedel1l1 Empl~r1i' Liability
)40 Marine 34' M~rill\ll'rt>ducl Liability
350 Motor Vehide 3SS Motor vc~id~ PrW~~t Liability
36IJ Other PcrnmaJ Injul)'

rtRSO~Al.l!,<JlJlI.V
o362 P~r..ooallnjuty. MtdiCliI Malpractice
o3651'~tsCMllnjUl'YProduct Liability
oJ6S A~bcb1(!i Pcnonalln]uf)' Product Li~bi1ity rER.SO:-lAL PROPERTY
o)1f) Othtr t'ravd o371 Truth in Lending ono Olhl1f P=al
I'roperty D~tnIIg('
o385 Proplll1~ DaJruIgt PrOOltcI li~bility

REAL PROPERTY
U21(} Land Coodcmnalian
o220 f(lreclOllure o2JO Renl Ut;r;e &: Eioctm~m o24!l Tort 10 land o241 Ton ProollCl LiabililY o290 All Oth~r Real PfOpert~

CIVIL RIGHTS
~~ Voting
Z Emp1<JYl11Cnt 443 HQ"~;nWAccommodatimu;
444 we!r~rt
440 Other Civil Right);

PRlSO~ER PETITIO.'iS
~ 51(} M!JI1OO~ 10 Vac~lC Setl1etlCl:
Halx:a~ Corp~~
~ 530 Grn='
5JS CkDth Pen~lty
540 M~ndamlli &: Ofher
S50 Civil RighI>

FORfEITURE./PENALTY
6lOAgricuhuro 62£1 Other Food & Dru~ 625 Dru~ Relared Sd= o{ Properly 21 USC881
J630 Uquor Law~
640RR& Trutk
650Airline RCgII 660 OccupatiOflllI Safetyillealth '"00<1
LAPOR
j] 710FaiT labm SliUldllrd~ Acl 720 ",.,/M,.,. "I",,"", 730 llioorlMgmt. Reportlhg &. Dj~doll1n'Mt
740 It:lilway labor Act 790 OIlier labor Litigatj(l" 791 Empl. Ret. Inc.
S=rityA~t

PA:"KRlIPTC\'
422 Appc<lJ 28 usc 1~8
I '" Wilh, ,,,. ""''''' PROPERTY RIGHTS
n~ '20 Copyrigh. 830 I'.alenl
SOCIAL. SECURITY
861 IliA (13958)
862 mack lung (n)}
863 DIWClOlWW (405(~J)
Fl 864 ssm TiOe XVI
". ,,,.,,,"
fEDERAL TAX SUITS
P870 Tax¢> (V$, J'tainliIT or DliHmdantl
p871 IItS· Third Party 26USC 7609

01 Hj(1t STATUTES
5400 S\.IIte RCUpjKl~ntm"lll

410 Anlillml

430 ij(\ljkJ (IIld lIartklrtg
~ '" Com~""'CC " .."'.

460 DcpOl'IilUM
l 470 IWckcteer Infloonood and C(llnlI'IOrgani?,lIlioM

d ]

S10 8Sf)

SScdceucruivleicSyeOrJvmimcoeoitie~

Exchange

~ 875 Cu~lOmCf Challenge 12 USC

~91 Agricuhyflll MI.iI

~91 El:OOI)mi~ $rabiJjza.tio1I Ad

8~3 Etlvironmen11l1 Matte!$

H94 EwtfllY AII~:Ilion Ad

8~S frcNom ofln(ormallOJl A\:t

900 Appeal of Fee Drllcnnm:llion Under Equal ACi:eSli to JUlIri~C

9S(} COIulilutianwily ofSwe 890 Ofh~ $(tI\utory ActiOOJl

VI. ORIGIN (PLACE AN X IN ONE BOX ONI,\,)

el2 o] 04 0 o o x~ Original Pro~~cdjng Removal from

Remanded from Appclate

Reinstated or S Transferred from

6 Multidistrict Litigation 7 Appeal to District Judge from

VII. REQUESTED IN COMPLAINT:

State Court

Court

Reupened

oCHECK IF THIS IS A CLASS ACTION

an~her disfriCt (specify) DEMMD $

UNDER f.rcp2)

Permanent Inj unct ion

Magistrate J11dgmcnt
ChC\:k YES only if demanded in complaint:
0 JURY DEMAND:!] YES NO

DATB Se tember 2

SIGNATURE OF AlTORNEY OF RECORD

::ODMA\PCDOCS\WORDPERFEC1I2281611 January 24, 2000 (3:10pm)

 
 USDC SCAN INDEX SHEET

KSR 9/29/04 3:03-CV-01934 *15* *CONSJGM.*

14:43 EEOC V. EARL SCHEIB INC

• • --,0 ~-'"-i-- , i I ~.. " . . •'

1

04 SEP 29 p,;·ll1: 10

2 3

Anna Y. Park, SBN 164242 EElWizaAbeLthEEMSPjlLarOzaY-CMeErvNaTntes,

S.. ~. ..B, "i,.'

. _'" •.
'c
Co" ...

.•

4 ~!s ~a~[R~Jrr ~?e~~~~~l~ Los Angeles, CA 90012 5 Telephone: (213) 894-1083
Facsnnile: (213) 894-1301 6
Connie Liern, TX SBN 791113 7 EOUAL EMPLOYMENT
OPPORTUNITY COMMISSION 8 401 B St., Suite 510
San Diego, CA 92101 9 Telephone: (619) 557-7284
Facsimile: (619) 557-7274 10
Attorneys for Plaintiff 11 EOUAL EMPLOYMENT
OPPORTUNITY COMMISSION

DEPU •

12 Robert H. Platt, CA SBN 108533
13 Andrew 1. Satenberj;, CA SBN 174840 MANATT, PHELPS & PHILLIPS, LLP
14 11355 West OlyrnQic Boulevard Los Angeles, CA 90064
15 Telephone: (310) 312-4312 FaCSimile: (310) 914-5725
16 Attorneys for Defendant
17 EARL SCHEIB, INC.

18 UNITED STATES DISTRICT COURT

19 SOUTHERN DISTRICT OF CALIFORNIA

20

21 EOUAL EMPLOYMENT
22 OPPORTUNITY COMMISSION,

CgATSE~NOD. ]03 CCVO1N9S~3~4C~RLEME;

23

Plaintiff,

RDER

24

vs.

25
26
27
28
MANA TT, PHELPS & PHILLIPS, LLP
AfTOANfv$,I,r LAW
LI)SAN,.n[~

EARL SCHEIB, INC.",d/b/a EARL

SCHEIB PAINT & BuOY,

Defendant.

I

--------y,

\ fj~.

CI .~' .' .
[PROPQSED] CON.SENT.!,>ECREE: ORDER

... - _ . _ - - - - - _ . _ - - - - - - - - - - - - - -

"

•

•

1

I.

2

INTRODUCTION

3

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

4 "Commission") and Defendant Earl Scheib, Inc. and Earl Scheib of California, Inc.,

5 d/b/a Earl Scheib Paint & Body (hereafter "Defendant" or "Earl Scheib") hereby

6 stipulate and agree to entry of this Consent Decree to resolve the Commission's

7 complaint, filed under Title VII of the Civil Rights Act of 1964, as amended,

8 42 U.S.c. § 2000e et ~. ("Title VII"), alleging that Charging Parties Byron

9 Richardson, Leroy Dee and other similarly situated individuals were subjected to

10 unlawful employment practices on the basis of race, Black. The Commission's

11 complaint further alleges that Charging Parties Byron Richardson, Leroy Dee and

12 other similarly situated individuals were subjected to unlawful retaliation in

13 violation ofTitle VII (the "Lawsuit").

14

Earl Scheib has denied, and continues to deny, any and all liability in

15 connection with the Lawsuit. The parties acknowledge that the execution of this

16 document is in no wayan admission of liability.

17

II.

18

PURPOSES AND SCOPE OF THE CONSENT

19

DECREE

20

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

21 Scheib. The scope of this Decree includes Earl Scheib's stores and facilities in the

22 San Diego County area. This Decree shall be binding on and enforceable against

23 the parties and their officers, directors, agents, successors and assigns.

24

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

25

1. To reach a good faith resolution and compromise of the Lawsuit.

26

2. To provide appropriate monetary and injunctive relief;

27

3. To ensure that Defendant's employment practices comply with federal

28 law;

MANATT, PHELPS &; PHILLIPS, LLP
AHO~Nin AT LAW
LO!li ANUilh

-2-

[PROPOSED] CONSENT DECREE; ORDER

• ,

•

•

1

4. To ensure a work environment free from hostility and retaliation;

2

5. To ensure training for Defendant's managers and employees with

3 respect to their obligations under Title VII; and

4

6. To provide an appropriate and effective mechanism for handling

5 discrimination complaints in the workplace.

6

III.

7

RELEASE OF CLAIMS

8

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

9 allegations by the EEOC against Earl Scheib that are raised in the Complaint filed

10 in this action in the United States District Court, Southern District of California on

11 September 29,2003, captioned U.S. Equal Employment Opportunity Commission

12 v. Earl Scheib, Inc .. d/b/a Earl Scheib Paint & Body; Case No. 03 CV 1934 BTM

13 BLM (the "Complaint").

14

B. Nothing in this Decree shall be construed to preclude any party from

15 bringing suit to enforce this Decree in the event that any party hereto fails to

16 perform the promises and representations contained herein.

17

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

18 Scheib's obligation to comply fully with Title VII or any other federal employment

19 statute.

20

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

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

22 against Earl Scheib in accordance with standard EEOC procedures.

23

IV.

24

JURISDICTION

25

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

26 this lawsuit. The Complaint asserts claims that, if proven, would authorize the

27 Court to grant the equitable relief set forth in this Decree. The terms and provisions

28
MANATT, PHELPS k PHIL1.IP'S, UP
... Tt{)RNn~ AT L~w
LOS ANCHES

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

-3-

[PROPOSED] CONSENT DECREE; ORDER

. ~ •

•

•

1 Rules of Civil Procedure and Title VII and is not in derogation of the rights or

2 privileges of any person.

3

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

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

5 be necessary to implement the relief provided herein.

6

V.

7

EFFECTIVE DATE AND DURATION OF DECREE

8

A. The provisions and agreements contained herein are effective

9 immediately upon the date which this Decree is entered by the Court ("the Effective

10 Date").

11

B. Except as otherwise provided herein, this Decree shall remain in effect

12 for three (3) years after the Effective Date.

13

VI.

14

MODIFICATION AND SEVERABILITY

15

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

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

17 any provision of this Decree will be effective unless made in writing and signed by

18 an authorized representative of each of the parties.

19

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

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

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

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

23 purposes of the Decree cannot, despite the parties' best efforts, be achieved.

24

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

25 modified in the interests of justice and fairness in order to effectuate the provisions

26 of this Decree.

27

28
MANATT. PHELPS &: PHILLIPS, LLP
ATtQAJoI[YS "T t,A W 1.0$ "NCHfS

-4-

[PROPOSED) CONSENT DECREE; ORDER

"

•

•

1

VII.

2

COMPLIANCE AND DISPUTE RESOLUTION

3

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

4 believe that Earl Scheib has failed to comply with any provision of this Consent

5 Decree, the Commission may bring an action before this Court to enforce the

6 Decree. Prior to initiating such action, the Commission will notify Earl Scheib and

7 its legal counsel of record, in writing, of the nature of the dispute. This notice shall

8 specify the particular provision(s) that the Commission believes Earl Scheib has

9 breached. Absent a showing by either party that the delay will cause irreparable

10 harm, Earl Scheib shall have thirty (30) days to attempt to resolve or cure the

11 breach.

12

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

13 efforts to resolve any dispute referenced in the EEOC notice.

14

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

15 extend the time further, the Commission may petition this Court for resolution of

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

17 Decree for such period of time as Earl Scheib is shown to be in breach of the

18 Decree and the Commission's costs and attorneys' fees incurred in securing

19 compliance with the Decree.

20

VIII.

21

MONETARY RELIEF

22

A. In settlement of this lawsuit, Earl Scheib shall pay a total of

23 $375,000.00 (THREE HUNDRED AND SEVENTY-FIVE THOUSAND

24 DOLLARS) of which $295,000.00 shall be paid to Charging Parties Richardson

25 and Dee, and three previously identified class members (Rafael Herrera, Kevin

26 Davis and Chris Reeves) (known collectively hereafter as "Claimants"). The

27 balance of $80,000.00 shall be designated as the Class Fund for unidentified class

28
MA.NATT, PHELPS &. PHILLIPS, UP
w ATlV~NlnA'L ..
lo~AIWUU

members (known hereafter as "Unidentified Claimants"). The allocation of the

-5-

[PROPOSED} CONSENT DECREE; ORDER

"

•

•

1 monetary relief shall be made at the sole discretion of the EEOC, The EEOC's

2 decision shall be final and binding,

3

Upon notification of the allocation of the monies to the Claimants, Earl

4 Scheib shall issue a check to the individual Claimants within fifteen (15) business

5 days of receiving notice from the EEOC Earl Scheib shall prepare and distribute

6 1099 tax reporting forms to each Claimant. Within three (3) business days of the

7 issuance of each and every settlement check, Earl Scheib shall submit a copy of

8 each check and related correspondence to the Regional Attorney, Anna y, Park,

9 U,S, Equal Employment Opportunity Commission, 255 East Temple Street, 4th

10 Floor, Los Angeles, CA, 90012,

11

B, Class Fund

12

Within ten (10) business days from the effective date of this Decree, Earl

13 Scheib shall allocate a gross sum of $80,000,00 (EIGHTY-THOUSAND

14 DOLLARS) ("Class Fund") in order to fund/create an account which will be used

15 to distribute monetary payments among all Unidentified Claimants, SUbject to the

16 criteria set forth in Section VIILB,2 below, the EEOC shall have the sole discretion

17 to determine the eligibility and the allocation of the monies from the Class Fund as

18 it deems appropriate to the Unidentified Claimants, The EEOC's determination

19 shall be binding and final,

20

Within fifteen (IS) business days from the effective date ofthis Decree, Earl

21 Scheib shall provide the EEOC with written verification of the funding/creation of

22 this account. Earl Scheib shall be solely responsible for all costs and fees

23 connected with the creation and maintenance of the Class Fund.

24

1. Notification of Settlement/Claims Process

25

Within ten (10) business days following the entry of this Decree, Earl Scheib

26 shall forward to the Commission the names and last known addresses of all

27 employees ("Potential Unidentified Claimant List") who were employed by Earl

28
MANATT, PHELPS &I: PUll.UPS, LLP
An"~"n$ At lAW l05 ANCHU

Scheib in the San Diego County area anytime during the time period September 1,

-6-

[PROPOSED] CONSENT DECREE; ORDER

"

•

•

1 2000, through December 31, 2003 ("Class Time Period").

2

Within ten (10) business days following receipt of the Potential Unidentified

3 Claimant List, the EEOC shall send each individual identified in the Potential

4 Unidentified Claimant List a letter, notifying himlher of the instant Title VII action,

5 the existence of the Class Fund, claimant eligibility criteria, and EEOC contact

6 information should he/she be interested in participating as an Unidentified

7 Claimant.

8

If any of the letters referenced above are returned as a result of an inaccurate

9 address, Earl Scheib shall conduct one on-line search for the employee's current

10 address at Earl Scheib's own cost and within three (3) business days shall notify the

II EEOC's San Diego Area Office, Attn: Jan Magnuson, Paralegal, 401 B St., Suite

12 510 San Diego, CA. 92101, of such current address, if discovered.

13

2. Criteria for Determining Eligible Unidentified Claimants

14

Only those individuals who satisfy the following criteria will be considered

15 by the EEOC as an Unidentified Claimant:

16

a. Employed at an Earl Scheib facility in the San Diego County

17 area at any time during the Class Time Period; and

18

b. Was subjected to an unlawful employment practice by Earl

19 Scheib on the basis of race, African-American, andlor subjected to unlawful

20 retaliation by Earl Scheib during the Class Time Period. The EEOC may seek Earl

21 Scheib's input with respect to eligibility, if necessary to make this determination.

22

3. Period for Determination and Notification of Eligibility

23

Upon receiving and considering all claims from Unidentified Claimants, the

24 EEOC shall make a determination as to the eligibility of each Unidentified

25 Claimant who presents a claim. Any person who has not contacted the EEOC as an

26 Unidentified Claimant within six (6) months after entry of this Decree ("eligibility

27 period") shall be deemed to be ineligible and barred from receiving any payments

28
MANATT, PUELPS &: PHILLIPS, llP
Att(lllUYS M LAW LOSANr.llU

under this Decree. Unless notified otherwise, within sixty (60) days after the

-7-

[PROPOSED] CONSENT DECREE; ORDER

---_._-------------------------------

• •

1 eligibility period, EEOC shall forward to the attention of Earl Scheib's Vice-

2 President and/or General Counsel, 15206 Ventura Blvd. Suite 200, Shennan Oaks,

3 CA. 91403, the names, social security numbers, mailing addresses, and monetary

4 allocation of the eligible Unidentified Claimants ("Final Distribution List"). A

5 copy of the Final Distribution List shall be sent to Earl Scheib's legal counsel.

6

4. Payment to Eligible Unidentified Claimants

7

Within ten (10) business days after the EEOC has forwarded the Final

8 Distribution List pursuant to paragraph 3 above, Earl Scheib shall forward payment

9 from the Class Fund to each eligible Unidentified Claimant by certified mail, return

10 receipt requested as determined by the EEOC. Earl Scheib shall issue a Form 1099

11 to each eligible Unidentified Claimant for all payments disbursed from the Class

12 Fund. Within three (3) business days of the issuance of each and every check, Earl

13 Scheib shall submit a copy of each check and related correspondence to the

14 Regional Attorney, Anna Y. Park, U.S. Equal Employment Opportunity

15 Commission, 255 East Temple Street, 4th Floor, Los Angeles, CA. 90012.

16

5. Surplus in Class Fund

17

In the event that any portion of the Class Fund, including accrued interest,

18 has not been distributed as required under this Decree, and a period of one year has

19 elapsed from the date of entry of this Decree, Earl Scheib may use any remaining

20 amounts, if any, to comply with the terms set forth in this Decree. Written

21 confinnation shall be given to the EEOC that any surplus was used in furtherance

22 of the Decree.

23

IX.

24

GENERAL INJUNCTIVE RELIEF

25

A. Non-Discrimination

26

1. Harassment Based on Race

27

Earl Scheib, their officers, agents, management (including all supervisory

28
MANATT, PHELPS" PHILLIPS, LLP AnO~NnJ AT LAW
LOfoIlNCHts

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

-8-

[PROPOSED] CONSENT DECREE; ORDER

"

•

•

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

2 basis of race in the terms and conditions of employment; (b) engage in or be a party

3 to any action, policy or practice that is intended or is known to them to have the

4 effect of harassing or intimidating any employee on the basis of race; and (c) create,

5 facilitate or permit the existence of a work environment that is hostile to Black

6 employees.

7

2. Retaliation

8

Earl Scheib, their officers, agents, management (including all supervisory

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

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

11 action, policy or practice with the purpose of retaliating against any current or

12 former employee or applicant of Earl Scheib, or either of them, because he or she

13 has in the past, or during the term of this Decree: (a) opposed any practice made

14 unlawful under Title VII; (b) filed a charge of discrimination alleging such practice;

15 (c) testified or participated in any manner in any investigation (including without

16 limitation, any internal investigation undertaken by Earl Scheib), proceeding in

17 connection with this case and/or relating to any claim of a Title VII violation; (d)

18 was identified as a possible witness or claimant in this action; (e) asserted any

19 rights under this Decree; or (f) sought and/or received any relief in aceordance with

20 this Decree.

21

B. Posting

22

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

23 term of this Decree, Earl Scheib shall post notice (attached as Exhibit "AI!) of the

24 terms of this Decree, in English and in Spanish, in a clearly visible location

25 frequented by employees at each of its facilities in the San Diego County area.

26

C. Equal Employment Opportunity Consultant

27

Within thirty (30) days after the Effective Date, Earl Scheib shall retain an

28
MANATT, PHEl.r$ I.l. PHILLIPS, LLP AttDlhlln At l"w lO)A1<I<:nU

outside Equal Employment Opportunity Consultant ("Consultant") with

-9-

[PROPOSED] CONSENT DECREE; ORDER

• •

1 demonstrated experience in the area of employment discrimination and racial

2 harassment issues, to ensure the implementation and monitoring Earl Scheib's

3 compliance with Title VII and the provisions of this Decree. Earl Scheib may, but

4 is not required to, select it's counsel in the Lawsuit to act as the Consultant. If Earl

5 Scheib does not select it's counsel in the Lawsuit to act as the Consultant, the

6 Consultant shall be subject to the Commission's approval, which shall not be

7 unreasonably withheld. If the Commission does not approve Earl Scheib's

8 proposed Consultant, the Commission shall provide Earl Scheib with a list of at

9 least three suggested candidates acceptable to the Commission. Earl Scheib shall

10 bear all costs associated with the selection and retention of the Consultant and the

11 performance of his/her/its duties. The Consultant's responsibilities shall include

12 the following with respect to the San Diego County area:

13

1. Assisting Earl Scheib in reviewing or developing procedures to handle

14. complaints of discrimination, harassment and retaliation, including developing and

15 revising such procedures as necessary;

16

2. Assisting Earl Scheib in reviewing, creating, applying and

17 implementing its anti-harassment policy and reporting procedure to more

18 effectively carry out its obligations under this Decree, including creating new

19 policies as necessary;

20

3. Assisting Earl Scheib in training managerial and stafflhourly

21 employees on their rights and responsibilities under Title VII, including but not

22 limited to the responsibilities to provide a workplace free· of discrimination;

23

4. Assisting Earl Scheib in training all employees on policies and

24 procedures relating to racial discrimination/harassment and retaliation;

25

5. Assisting Earl Scheib in monitoring and assuring the adequate

26 investigation of all complaints of racial discrimination/harassment and retaliation;

27

28
MANATT. PUEI.PS It PHILLIPS, UP
AHOtNfuATL"w l"'ANCHU

-10-

[PROPOSED] CONSENT DECREE; ORDER

• •

1

6. Assisting Earl Scheib in ensuring proper communication with

2 complainants regarding the complaint procedure, status of the complaint

3 linvestigation, results of the investigation, and any remedial action taken.

4

7. Assisting Earl Scheib in ensuring that all reports required by this

5 Decree are accurately compiled and timely submitted;

6

8. Assisting Earl Scheib in reviewing and creating appropriate and

7 consistent disciplinary policies to hold employees and managers accountable for

8 failing to take appropriate action andlor for engaging in conduct prohibited under

9 this Decree, including development of new policies as necessary;

10

9. Assisting Earl Scheib in reviewing and creating a centralized system of

11 tracking discrimination, harassment, and retaliation complaints, including creation

12 of a new system if necessary; and

13

10. Further ensuring compliance with the terms of this Decree.

14

D. Revision of Policies Concerning Discrimination and Harassment

15

With the assistance of the Consultant, Earl Scheib shall review and revise its

16 policy on discrimination and racial harassment, and provide a copy to the

17 Commission within sixty (60) days after the Effective Date. The revised policy

18 shall include:

19

1. A clear explanation of prohibited conduct;

20

2. Assurance that employees who make complaints of

21 harassment/discrimination or provide information related to such complaints will be

22 protected against retaliation;

23

3. A clearly described complaint process that provides accessible and

24 confidential avenues of complaint with contact information including name (if

25 applicable), address, and telephone number of persons both internal (i.e. human

26 resources) and external to Earl Scheib (i.e. Commission and outside Consultant

27 available to handle complaints concerning high level company officials of

28
MANATT, PIiBLPS &
PHILLIPS, LLP A.TlQ~NH~"T l. ... w
Lo~ "'Nr~HfS

Defendants' corporate hierarchy) to whom employees may report discrimination

-11-

[PROPOSED] CONSENT DECREE; ORDER

• •

1 and retaliation, including a written statement that the employee may report the

2 discriminatory behavior to designated persons outside their chain of management;

3

4. Assurance that the employer will protect the confidentiality of

4 harassment/discrimination complaints to the extent possible;

5

5. A complaint process that provides a prompt, thorough, and impartial

6 investigation;

7

6. A procedure for communicating with the complainant in writing

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

9 any remedial action taken; and

10

7. Assurance that Earl Scheib will take immediate and appropriate

11 corrective action when it determines that harassment/discrimination andlor

12 retaliation has occurred.

13

This revised policy shall be distributed to all of Earl Scheib's employees in

14 the San Diego County area, including management/supervisory staff, and shall be

15 included in any relevant policy or employee manuals distributed to employees in

16 the San Diego County area by Earl Scheib. Earl Scheib shall collect

17 acknowledgments from each employee in the San Diego County area who receives

18 the revised policy. Throughout the term of this Decree, Earl Scheib shall also post

19 the revised policy in a place that is conspicuous and accessible to all employees at

20 each of its locations covered by this Decree in a legible font that is a minimum of

21 15 points in size.

22

E. Training

23

Within ninety (90) days after the Effective Date or thirty (30) days after

24 hiring the Consultant, whichever is later, all of Earl Scheib's

25 manageriaUsupervisory and stafflhourly employees in San Diego County shall be

26 required to attend EED training. The training shall include coverage of the subjects

27 of equal employment opportunity rights and responsibilities, racial discriminationl

28
MANArI, PHELPS &. PHIllIPS. LLP
ATTORNlU AT LA .... LOJ "NellIS

harassment, gender discrimination, retaliation, and Earl Scheib's policies and

-12-

[PROPOSED] CONSENT DECREE; ORDER

• •

1 procedures for reporting and handling complaints of discrimination, harassment and

2 retaliation. The training shall also include training on how to properly handle and

3 investigate complaints of discrimination and/or harassment in a neutral manner,

4 how to take preventive and corrective measures against discrimination and/or

5 retaliation, and how to recognize and prevent discrimination and/or retaliation.

6

1. Managerial/Supervisory Employees. All managerial/supervisory

7 employees in San Diego County will attend a "live" training program of at least

8 four hours conducted by a live instructor on an annual basis for the duration of this

9 Decree.

10

2. For the remainder of the term of this Decree, all new supervisory

11 employees and all employees recently promoted from a stafflhourly to a managerial

12 position in the San Diego County area shall receive all appropriate training

13 materials, instruction from a supervisor on the topics outlined above and shall

14 review the videotaped training program discussed below, within thirty (30) days of

15 hire or promotion. Thereafter, each of these employees shall attend the next

16 scheduled live training session as required under this Decree.

17

3. StafflHourly Employees .. All stafflhourly employees in San Diego

18 County will attend an actual training program of at least two (2) hours on an annual

19 basis for the duration of this Decree. This training may consist of viewing a video

20 (which tape shall be subject to the EEOC's prior written approval) on equal

21 employment opportunity topics as outlined in Section IX.E. above. At least ten

22 (10) days prior to the scheduled training session, Earl Scheib shall forward a copy

23 of the training video to the EEOC for such prior approval. Earl Scheib shall ensure

24 that the training video is updated as necessary. Earl Scheib shall also make its EEO

25 policies and training materials available for employee inspection and review at each

26 store location in San Diego County, and inform all employees of such availability.

27

28
MANATT, PHELPS &. PHILLIPS, lLP
AtTOlNH$ All,.AW l.O)AlWHU

-13-

[PROPOSED] CONSENT DECREE; ORDER

• •

1

x.

2

RECORD KEEPING AND REPORTING

3

A. Record Keeping

4

Earl Scheib shall work with the Consultant to establish a record-keeping

5 procedure that provides for the centralized tracking of discrimination complaints

6 and the monitoring of such complaints to prevent retaliation. The records to be

7 maintained shall include:

8

1. All documents generated in connection with any complaint,

9 investigation into, or resolution of every complaint of discrimination or retaliation

10 in the San Diego County area for the duration of the Decree and the identities of the

11 parties involved;

12

2. All forms acknowledging employees' receipt of Earl Scheib's revised

13 discrimination and anti-retaliation policy; and

14

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

15 names and positions of all attendees for each session as required under this Decree.

16

Earl Scheib shall make the aforementioned records available to the EEOC

17 within ten (10) business days following a written request by the EEOC.

18

B. Reporting

19

In addition to the notices to the EEOC specified above, Earl Scheib shall

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

21

1. Within ninety (90) days after the Effective Date, EMI Scheib shall

22 submit to the EEOC an initial report which contains:

23

a. A copy ofthe Earl Scheib's discrimination and anti-retaliation

24 policy, including any revisions thereto;

25

b. A summary of the procedures and record-keeping methods

26 developed with the Consultant for centralized tracking of discrimination complaints

27 and the monitoring of such complaints;

28
MANATI, PHELPS &
PH!LlIPS, LLP
AllOIIHUAfLul
LOS I"..cnu

-14-

[PROPOSED] CONSENT DECREE; ORDER

. . "'~

•

•

1

c. A statement confirming that the required notices pertaining to

2 this Decree and the revised discrimination and anti-retaliation policies have been

3 posted; and

4

d. Any and all training materials, including any training video(s),

5 Earl Scheib intends to utilize or has used to fulfill the training requirements in this

6 Decree.

7

2. Earl Scheib shall also provide the following reports every nine (9)

8 months throughout the term of this Decree:

9

a. A description of all discrimination and/or retaliation complaints

10 in the San Diego County area made since the submission of the immediately

11 preceding report hereunder. This description shall include the names of the

12 individuals alleging harassment or retaliation, the nature of the harassment or

13 retaliation, the names of the alleged perpetrators of harassment or retaliation, the

14 dates of the alleged harassment or retaliation, a brief summary of how each

15 complaint was resolved, and the identity of the person(s) who investigated or

16 resolved each complaint. If no results have been reached as of the time of the

17 report, the result shall be included in the next report.

18

3. Earl Scheib shall provide a report to the EEOC detailing any changes

19 of the procedures or record-keeping methods for centralized tracking of

20 discrimination complaints and the monitoring of such complaints within thirty (30)

21 days before implementing such changes.

22

4. Earl Scheib shall provide all training materials and videos, including

23 any modifications, for review to the EEOC.

24

XI.

25

COSTS OF ADMINISTRATION AND

26

IMPLEMENTATION OF CONSENT DECREE

27

Earl Scheib shall bear all costs associated with its administration and

28
M"NATT. PHELPS &: PHILLIPS, Ltl'
ATTORNH' AflAW
LOSA ....nu

implementation of its obligations under this Consent Decree.

·15·

[PROPOSED) CONSENT DECREE; ORDER

• •

1

XII.

2

COSTS AND ATTORNEYS' FEES

3

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

4 shall be solely responsible for bearing all costs associated with effectuating the

5 terms of this Decree.

6

XIII.

7

MISCELLANEOUS PROVISIONS

8

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

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

10 reasonable time of not less than thirty (30) days prior to the execution of any

11 agreement for acquisition or assumption of control of any or all of Earl Scheib's

12 Southern California facilities, or any other material change in corporate structure,

13 and shall simultaneously inform the EEOC of same.

14

B. During the term of this Consent Decree, Earl Scheib and its successors

15 shall assure that each of its officers, managers and supervisors is aware of any

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

17

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

18 required under this Decree shall be delivered to the attention of the Regional

19 Attorney, Anna Y. Park, U.S. Equal Employment Opportunity Commission, Los

20 Angeles District Office, 255 E. Temple St., 4th Fl .• Los Angeles. CA. 90012.

21

D. This Decree may be executed in Counterparts.

22

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

23 approval by the Court.

24

All parties, through the undersigned. respectfully apply for and consent to the

25 entry of this Consent Decree Order.

26

27

28
MANATT, PHELPS &. PHI1.1.IPS, LLP
ATT(,).NH' At L"w Lo, AI\I(JtLU

-16-

[PROPOSED] CONSENT DECREE; ORDER

• •

1

AGREED AS TO FORM AND CONTENT:

2

3 Date: 4 5 6 7 8
Date: 9 10 11
12

U.S. EQUAL EMPLOYMENT OPPORl'UNITY COMMISSION
CBy;-=&a_ Q nna . Connie Liem Elizabeth Esparza-Cervantes Attorneys for Plaintiff MANAIT, PHELPS & PHILLIPS, LLP BY:~~ Robert~ Andrew L. Satenberg Attorneys for Defendant

13

14

ORDER

15 GOOD CAUSE APPEARING:

16

The provisions of the foregoing Consent Decree are hereby approved and

17 compliance with all provisions thereof is HEREBY ORDERED.

18 IT IS SO ORDERED.

. o y q 19

i'::-

Date:

20

21

22

23

24 40783827.)

25

26

27

28
MANATT, PHELPS &;
PHILLrI'S, LLP
AnO~"HIA'l ... w
lo~ "IoHlHU

-17 -

[PROPOSED] CONSENT DECREE; ORDER

• ~UG, ~3~. 2~04 10: IS ~M FR MPIltP, LLPlt2

• 3103126546 TO 1t1t1939181t1619557 P.0'

1

AGREED AS TO FORM AND CONTENT:

2

3 Date:
4

U.S. EQUAL EMPLOYMENT OPPOR-nINITY COMMISSION

5

By:

6

~Ann--a~Y~.~P~M~k--------------

7

ConnieLiem Elizabeth EspMza-Cervantes

Attorneys for Plaintiff 8

9

MANATl', PHELPS & PHILLIPS. LLP

10
11

BY:~~4.~ o ert . att

12

Andrew L. Satenberg Attorneys for Defendant

13

14

ORDER

15 GOOD CAUSE APPEARING:

16

The provisions of the foregoing Consent Decree are hereby approved and

17 compliance with all provisions thereof is HEREBY ORDERED.

18 IT IS SO ORDERED.

19
Date: 20
21

The Honorable Bam' T. Moskowitz United States District Court Judge

22

23

24 41170827.1

25

26

27

28
MANAM'. P~e:t.P$'" PliIL1.II'S. l..Lr An....".,.' A, LA_
"''''O\ ... ,'~U

-17-

[PROPOSBD] CONSENT DECRl!.E; OROER

,-, fI;} It(

•

•

1

AGREED AS TO FORM AND CONTENT:

2

3 Date: 4

U.S. EQUAL EMPLOYMENT OPPORIUNITY COMMISSION

5

6

By: ~A-n-na~Y~. rPa-rk----------­

Connie Liem

7

Elizabeth Esparza-Cervantes

Attorneys for Plaintiff 8

MANATT, PHELPS & PHILLIPS, LLP 9

10 11

~~4 By: '" o•eUrtI1:att ---L

12

Andrew L. Satenberg Attorneys for Defendant

l3

14

ORDER

15 GOOD CAUSE APPEARING:

16

The provisions of the foregoing Consent Decree are hereby approved and

17 compliance with all provisions thereof is HEREBY ORDERED.

18 IT IS SO ORDERED.

19
20 Date:

21

22

23

24 40783827.1

25 26

27

28
MA:\A H, PHEU'S & PHilLIPS. LLP

-17-

[PROPOSED] CONSENT DECREE; ORDER

. .~ ... , ..'

• •
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Diego Area Office

401 B Street, Suite 510 San Diego, CA 92101
(619) 557-7235 TrY (619) 557·7232 FAX (619) 557·7274

NOTICE OF SETTLEMENT AND CONSENT DECREE

TO:

ALL EMPLOYEES OF EARL SCHEIB, INC., AND EARL SCHEIB OF

CALIFORNIA, INC., IN THE SAN DIEGO COUNTY AREA

The U.S. Equal Employment Opportunity Commission ("EEOC") filed a lawsuit in the United States District Court for the Southern District of California against Earl Scheib, Inc., d/b/a Earl Scheib Paint & Body, Case Number 03 CV 1934 BTM (BLM). The lawsuit was brought by the EEOC on behalfof identified individuals and a class ofsimilarly situated employees, alleging that they had been subjected to harassment, unequal terms and conditions, on the basis of race, Black, and retaliation when they opposed such discrimination. Earl Scheib, Inc., and Earl Scheib of California, Inc. ("Earl Scheib") deny any liability for the EEOC's claims and settled the case by entering into a "Consent Decree" with the EEOC and paying monetary relief in the amount of $375,000.00, of which $80,000.00 has been set aside for a class sum to provide monetary relief for any additional claimants who were employed at Earl Scheib's San Diego County area locations, and have claims of discrimination and harassment on the basis of race, Black, and/or retaliation for opposing discriminatory practices or participation in a protected activity based upon race (Black).

As required under the Consent Decree, Earl Scheib must provide the following for store locations within the San Diego County area: posting ofthe terms and conditions ofthe Consent Decree in its place ofbusiness; revision ofits race discrimination and anti-retaliation policy, including companywide dissemination; the hiring of an outside EEO consultant to revise and establish a policy to properly investigate and confidentialIy handle any complaints ofrace discrimination and retaliation against managers, supervisors, and high level company official(s); establishing a centralized tracking system for discrimination complaints; providing extensive annual EEO training for managers, supervisors, and employees; and reporting requirements ofthis EEO policy and training to the EEOC; and outside monitoring of its employment practices for the duration of the Consent Decree.

EEOC enforces Title VII ofthe Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex or national origin; the Age Discrimination in Employment Act; the Equal Pay Act; Title I ofthe Americans with Disabilities Act, which prohibits employment discrimination against people with disabilities in the private sector and state and local governments; prohibitions against discrimination affecting individuals with disabilities in the federal government; and sections of the Civil Rights Act of 1991. Further

• •
information about the Commission is available on its Web site at www.eeoc.gov or contact us at (800) 669-4000.
Ifyou believe that you have been discriminated against because ofyour sex, national origin, age, race, color, religion, disability, or retaliated against by a supervisor, you may seek assistance from:

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
255 East Temple Street 4th Floor Los Angeles, CA 90505 or 401 8 Street Suite 510 San Diego, CA 92101 (800) 669-4000
You may obtain a copy of the settlement document ("Consent Decree") at your expense. To obtain a copy, you must contact the Office of the U.S. District Court Clerk at (619)
557-5600.

THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE

This Notice must remain posted for 3 years from

, 2004, and must not be

altered, defaced or covered by any other material. Any questions about this Notice

or compliance with its terms may be directed to: EEOC Legal Unit, 255 East Temple

Street, 4th Floor, Los Angeles, CA 90012.

"Exhibit A"
2

 
 CM/ECF - casd - Docket Report

https://ecf.casd.uscourts.gov/cgi-bin/DktRpt.pl?277718726901486-L_3...

REFER, TERMED
U.S. District Court Southern District of California (San Diego) CIVIL DOCKET FOR CASE #: 3:03-cv-01934-BTM-BLM

EEOC v. Earl Scheib Inc, et al Assigned to: Judge Barry Ted Moskowitz Referred to: Magistrate Judge Barbara Lynn Major Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/29/2003 Date Terminated: 09/29/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Anna Y Park US Equal Employment Opportunity Commission 255 East Temple Street Fourth Floor Los Angeles, CA 90012 (213)894-1076 Fax: (213)894-1301 Email: anna.park@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Earl Scheib Inc doing business as Earl Scheib Paint & Body
Defendant DOES 1-6, inclusive

represented by Robert H Platt Manatt Phelps and Phillips 11355 West Olympic Boulevard Los Angeles, CA 90064-1614 (310)312-4000 Fax: (310)312-4224 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/2003

#

Docket Text

1 Complaint Filed; (referred to Magistrate Judge Nita L. Stormes); Receipt No/Amt of Fee: No fee paid, Govt is plaintiff; jury demand. (dkt clerk) (Entered: 09/29/2003)

1 of 3

7/23/2007 3:27 PM

CM/ECF - casd - Docket Report

https://ecf.casd.uscourts.gov/cgi-bin/DktRpt.pl?277718726901486-L_3...

09/29/2003 09/29/2003 11/05/2003 12/22/2003 12/22/2003
01/13/2004 02/27/2004 04/28/2004
04/28/2004 06/04/2004 07/16/2004 08/03/2004 08/30/2004 09/29/2004

2 Summons issued (dkt clerk) (Entered: 09/29/2003)
3 Notice of Party with Financial Interest by EEOC (dkt clerk) (Entered: 09/29/2003)
4 Waiver of service of summons by defendant Earl Scheib Inc on 10/14/03 (tkl) (Entered: 11/06/2003)
5 Motion by plaintiff EEOC to permit appearance of govt atty (LR1.1(d) and 83.3) [ motion(s) referred to Judge Barry T. Moskowitz ] (tkl) (Entered: 12/22/2003)
6 Order by Judge Barry T. Moskowitz: it is ordered that Connie Liem be permitted to practice before the bar of this ct in all matters relating to the US EEOC during her employment by the US EEOC subject to the requirement that she comply w/ LR 83.3C.3.b [5-1] (tkl) (Entered: 12/22/2003)
7 Notice by Connie Liem attorney for plaintiff EEOC of change of address (dkt clerk) (Entered: 01/15/2004)
8 Order by Magistrate Judge Nita L. Stormes Case referred to Magistrate Judge Barbara L. Major , New case:03cv1934-BTM(BLM) (tkl) (Entered: 02/27/2004)
9 JOINT NOTICE AND Stipulation of settlement and Order by Judge Barry T. Moskowitz: It is ordered that all dates be vacated pending final settlement, this Court retains jurisdiction over this matter status conf set for 11:30 6/4/04 before Judge Barry Ted Moskowitz (dkt clerk) (Entered: 04/28/2004)
10 Minutes: Enter Order by Judge Barry T. Moskowitz: On Court's own motion a status hrg is set for 06/04/04 at 11:30am. Court Reporter: n/a (dkt clerk) (Entered: 04/30/2004)
11 Minutes: Enter Order by Judge Barry T. Moskowitz Parties have reached a Settlement conf cont 11:30 7/16/04 before Judge Barry Ted Moskowitz Court Reporter: B. Harris (tkl) Modified on 06/15/2004 (Entered: 06/07/2004)
12 Minutes Enter Order by Judge Barry T. Moskowitz: Settlement conf continued to 10:00 8/3/04 before Judge Barry Ted Moskowitz ; Court Reporter: N/A (lmh) (Entered: 07/21/2004)
13 Minutes Enter Order by Judge Barry T. Moskowitz: Status conf held and continued to 4:30 8/30/04 before Judge Barry Ted Moskowitz ; Court Reporter: Cameron Kircher (lmh) (Entered: 08/05/2004)
14 Minutes: Enter Order by Judge Barry T. Moskowitz; consent degree has been submitted; status conf off calendar 4:30 8/30/04 ; Court Reporter: N/A (ksr) (Entered: 09/02/2004)
15 Consent Judgment by Judge Barry T. Moskowitz; the provisisons of the consent decree are hereby approved and compliance with all provisions. terminating case (ksr) (Entered: 09/29/2004)

PACER Service Center

2 of 3

7/23/2007 3:27 PM

CM/ECF - casd - Docket Report

https://ecf.casd.uscourts.gov/cgi-bin/DktRpt.pl?277718726901486-L_3...

Transaction Receipt

07/23/2007 13:26:46

PACER Login:

hs0328

Client Code:

clearinghouse

Description:

Docket Report

Search Criteria:

3:03-cv-01934-BTM-BLM

Billable Pages:

2

Cost:

0.16

3 of 3

7/23/2007 3:27 PM

 
 EEOC LITIGATION SETTLEMENT REPORT - August 2004

http://www.eeoc.gov/litigation/settlements/settlement08-04.html

EEOC v. Earl Scheib, Inc., d/b/a Earl Scheib Paint & Body No. 03-cv-1934-BTM/BLM (S.D. Cal. Aug. 30, 2004)
The Los Angeles District Office filed this Title VII class suit, alleging race discrimination and retaliation at defendant's San Diego-area auto paint and body shop stores. Defendant operates 122 auto paint and body shops in more than 100 cities nationwide, including 50 shops in Southern California. The district office asserted that two black charging parties endured racial harassment by white coworkers, including the wife of a white district manager. Los Angeles alleged that another white district manager used racial slurs such as "nigger" and "boy" when referring to African American employees and led a campaign of race-based discrimination and retaliation, that included disparate discipline, placement in less desirable stores, and forced demotions and reassignments, especially after the two charging parties filed complaints with the EEOC. One of the charging parties was discharged and the other was constructively discharged. Lastly, the district office alleged that defendant retaliated against a white store manager and an Hispanic employee by disciplining them, demoting them, cutting the Hispanic employee's wages, and then forcing them out because they complained about or refused to participate in the racial harassment and discrimination directed at black employees.
The case was resolved by a three-year consent decree, applicable to defendant's San Diego County facilities, that requires defendant to pay a total of $375,000: $295,000 to five former employees and $80,000 to a class fund for individuals employed from September 1, 2000, to December 31, 2003, who were subjected to discrimination on the basis of race, African American, or to unlawful retaliation. Using an outside EEO consultant, defendant is to develop procedures for handling and tracking complaints of discrimination, harassment, and retaliation; revise and implement anti-harassment and anti-discrimination policies; and train managerial and hourly employees about their rights and responsibilities under Title VII on annual basis.

1 of 1

7/23/2007 3:33 PM