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Case 1:13-cv-02065-AWI-SAB Document 1-2 Filed 12/19/13 Page 1 of 2

1

Anna Y. Park, SBN 164242 Rumduol K. Vuong, SBN 264392

2 U.S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

3 255 East Temple Street, Fourth Floor

4

Los Angeles, CA 90012 Telephone: (213) 894-1083

5 Facsimile: (213) 894-1301

E-Mail: lado.legal@eeoc.gov 6

7

Attorneys for Plaintiff U.S. EQUAL EMPLOYMENT

8 OPPORTUNITY COMMISSION

9

10

UNITED STATES DISTRICT COURT

11

FOR THE EASTERN DISTRICT OF CALIFORNIA

12 U.S. EQUAL EMPLOYMENT
13 OPPORTUNITY COMMISSION,
14 Plaintiff,
15 vs.
16
17 MCDONALD’S CORPORATION,

18

Defendant(s).

19

20

) Case No.:

)

) )

CERTIFICATION AND NOTICE OF

) INTERESTED PARTIES

)

)

)

)

)

)

)

)

)

)

)

21 TO: THE COURT AND ALL PARTIES APPEARING OF RECORD:

22

The undersigned, counsel of record for Plaintiff, U.S. Equal Employment Opportunity

23 Commission, certifies that the following listed parties have a direct, pecuniary interest in the

24 outcome of this case. These representations are made to enable the Court to evaluate possible
25 disqualification or recusal.
26 /// 27 ///
/// 28

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Case 1:13-cv-02065-AWI-SAB Document 1-2 Filed 12/19/13 Page 2 of 2

1

PARTY CONNECTION

(List the names of all such parties and identify their connection and interest.) 2

3 PARTY

4

U.S. EEOC

Shaheed Khan

5

McDonald’s Corporation

6

CONNECTION Plaintiff Interested Party Defendant

7

8

9 Date: December 18, 2013

BY:

/s/ Anna Y. Park

10

Anna Y. Park Regional Attorney

11

U.S. Equal Employment Opportunity

Commission

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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 Case 1:13-cv-02065-AWI-SAB Document 4 Filed 12/19/13 Page 1 of 5

1

Anna Y. Park, CA SBN 164242 Sue Noh, CA SBN 192134

2 U.S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

3 255 East Temple Street, Fourth Floor

4

Los Angeles, CA 90012 Telephone: (213) 894-1080

5 Facsimile: (213) 894-1301

E-Mail: lado.legal@eeoc.gov 6

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

9

10

UNITED STATES DISTRICT COURT

11

EASTERN DISTRICT OF CALIFORNIA

12

13

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

14 Plaintiff,
15

16

vs.

17 MCDONALD’S RESTAURANTS OF CALIFORNIA, INC.,
18

19

Defendant(s).

20

) Case No.: 1:13-cv-02065 AWI-SAB )

) )

FIRST AMENDED COMPLAINT –

) CIVIL RIGHTS; EMPLOYMENT

) DISCRIMINATION

)

) )

(42 U.S.C. §§ 2000e, et seq.)

)

) JURY TRIAL DEMAND

)

)

)

)

)

21

22

NATURE OF THE ACTION

23

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

24 Rights Act of 1991 (“Title VII”) to correct unlawful employment practices on the basis of

25 religion, Islam, and to seek appropriate relief on behalf of Charging Party Shaheed Khan, who

26 was adversely affected by such practices. Plaintiff U.S. Equal Employment Opportunity

27 Commission (“EEOC”) alleges that Defendant McDonald’s Restaurants of California, Inc.

28 discriminated against Charging Party on the basis of his religion, Islam, when it failed to

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Case 1:13-cv-02065-AWI-SAB Document 4 Filed 12/19/13 Page 2 of 5

1 reasonably accommodate his request for religious accommodation in violation of 42 U.S.C. §§

2 2000e, et seq.

3

4

JURISDICTION AND VENUE

5

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

6 1343 and 1345. This action is authorized and instituted pursuant to § 706(f)(1) and (3), as

7 amended, 42 U.SC. 2000e-5(f)(1) and (3), and § 102 of Title I of the Civil Rights Act of 1991,

8 42 U.S.C. § 1981a.

9

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

10 jurisdiction of the United States District Court for the Eastern District of California.

11

12

PARTIES

13

3. Plaintiff, the U.S Equal Employment Opportunity Commission is the agency of

14 the United States of America charged with the administration, interpretation, and enforcement

15 of Title VII and is expressly authorized to bring this action § 706(f)(1) and (3) of Title VII, 42

16 U.S.C. § 2000e-5(f)(1) and (3).

17

4. During all relevant times, Defendant McDonald’s Restaurants of California, Inc.

18 (“Defendant”) has continuously been an employer doing business in Fresno County, State of

19 California, and continuously had at least 15 employees.

20

5. At all relevant times, Defendant McDonald’s Restaurants of California, Inc. has

21 continuously been an employer engaged in an industry affecting commerce within the meaning

22 of § 701(b), (g), (h) of Title VII, 42 U.S.C. §§ 2000e-(b), (g), and (h).

23

24

CONDITIONS PRECEDENT

25

6. More than thirty (30) days prior to the institution of this lawsuit, Charging Party

26 Shaheed Khan filed a charge of discrimination with the Commission alleging that Defendant

27 violated Title VII; and notice of the charge was provided to Defendant.

28

7. Prior to the institution of this lawsuit, the Commission investigated the charge

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Case 1:13-cv-02065-AWI-SAB Document 4 Filed 12/19/13 Page 3 of 5

1 and issued a Letter of Determination finding reasonable cause to believe that Defendant

2 discriminated against Charging Party on the basis of his religion.

3

8. Prior to the institution of this lawsuit, the Commission’s representatives

4 attempted to eliminate the unlawful employment practices alleged below and to effectuate

5 Defendants’ voluntary compliance with Title II through informal methods or conciliation,

6 conference, and persuasion. Such efforts were unsuccessful.

7

9. Prior to the institution of this lawsuit, all conditions precedent were satisfied.

8

9

STATEMENT OF CLAIMS

10

10. At all relevant times, Defendant McDonald’s Restaurants of California, Inc. is a

11 national company, which owns restaurants serving fast food to its clientele. Defendant owns a

12 number of restaurants, including the one at 3237 West Shaw Avenue, Fresno, California 93727

13 (“McDonald’s Restaurant”).

14

11. On or about 2001, Defendant hired Shaheed Khan as a crew person at its

15 McDonald’s Restaurant. In 2003, Defendant promoted Shaheed Khan to be a Crew Trainer.

16

12. Shaheed Khan had a sincerely held belief in his religion of Islam. He sincerely

17 believed that his religion required him to grow a beard.

18

13. In July and August 2005, Shaheed Khan informed Defendant of his religious

19 beliefs and sought accommodation for his religious belief to wear a beard at work. Khan was

20 not accommodated which lead to his constructive discharge.

21

14. The effect of the practices complained of as described in paragraphs 10 through

22 13 have been to deprive Shaheed Khan of equal employment opportunities.

23

19. The unlawful employment practices in paragraphs 10 through 13 above were

24 intentional.

25

20. The unlawful employment practices complained of above were done with

26 reckless disregard to Shaheed Khan’s federally protected rights.

27

28

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Case 1:13-cv-02065-AWI-SAB Document 4 Filed 12/19/13 Page 4 of 5

1

PRAYER FOR RELIEF

2

The Commission respectfully requests that this Court:

3

A. Grant a permanent injunction enjoining Defendant, its officers, successors,

4 assigns, and all persons in active concert or participation with Defendant, from engaging in any

5 employment practices which discriminate on the basis of religion.

6

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

7 ensure that they would not engage in unlawful employment practices in violation of 42 U.S.C. §

8 2000e-2(a).

9

C. Order Defendant to make Shaheed Khan whole by providing appropriate back

10 pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief

11 necessary to eradicate the effects of its unlawful employment practices, including but not

12 limited to reinstatement and/or front pay.

13

D. Order Defendant to make Shaheed Khan whole by providing compensation for

14 past and future pecuniary losses, including but not out-of-pocket expenses suffered by him

15 which resulted from the unlawful employment practices described above in the amounts to be

16 determined at trial.

17

E. Order Defendant to make Shaheed Khan whole by providing compensation for

18 non-pecuniary losses resulting from the unlawful employment practices described above in

19 amounts to be determined at trial. The non-pecuniary losses include emotional pain, suffering,

20 inconvenience, mental anguish, humiliation and loss of enjoyment of life, in amounts to be

21 determined at trial.

22

F. Order Defendant to pay Shaheed Khan punitive damages for their reckless

23 disregard to Shaheed Khan’s federally protected rights in an amount to be determined at trial.

24

G. Award the Commission its costs of this action.

25

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

26 interest.

27

28

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Case 1:13-cv-02065-AWI-SAB Document 4 Filed 12/19/13 Page 5 of 5

 
 1

Anna Y. Park, CA SBN 164242 UNITED STATES EQUAL EMPLOYMENT

2 OPPORTUNITY COMMISSION

255 East Temple Street, 4th Floor

3 Los Angeles, CA 90012

Telephone: (213) 894-1080

4 Facsimile: (213) 894-1301

lado.legal@eeoc.gov

5

6

Attorneys for Plaintiff UNITED STATES EQUAL EMPLOYMENT

7 OPPORTUNITY COMMISSION

8 Michael J. Gray, IL Bar No. 6210880

Jonathan M. Linas, IL Bar No. 6290055

9 JONES DAY

77 West Wacker Drive

10 Chicago, Illinois 60601

11

Telephone: (312) 269-4096 Facsimile: (312)782-8585

12
Attorneys for Defendant 13 MCDONALD’S RESTAURANTS OF CALIFORNIA, INC.

14

15

UNITED STATES DISTRICT COURT

16

EASTERN DISTRICT OF CALIFORNIA

17 U.S. EQUAL EMPLOYMENT 18 OPPORTUNITY COMMISSION,

) )

Case No. 1:13-cv-02065-AWI-SAB

)

19

Plaintiff,

) )

CONSENT DECREE AND ORDER

)

20

)

21

vs.

) )

)

22 23

MCDONALD’S RESTAURANTS OF CALIFORNIA, INC.,

) ) )

)

24

Defendant.

) )

25

)

26

27

28

Consent Decree

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1

2

I. INTRODUCTION

3

Plaintiff U.S. Equal Employment Opportunity Commission (“EEOC”) and

4 Defendant McDonald’s Restaurants of California, Inc. (“Defendant”) stipulate and

5 agree to entry of this consent decree and order (“Decree”) to resolve the EEOC’s

6 complaint against Defendant in U.S. Equal Employment Opportunity Commission

7 v. McDonald’s Restaurants of California, Inc., Civil Case No. 1:13-cv-02065-

8 AWI-SAB (the “Action”) filed in the Eastern District of California.

9

On December 18, 2013, EEOC brought this Action against Defendant

10 pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §

11 2000e et seq. (“Title VII”). In the Action, the EEOC alleged that Defendant

12 discriminated against its former employee, Charging Party Shaheed Khan, by

13 denying him reasonable accommodation and by constructive discharge on the basis

14 of religion, Islam, in violation of section 703(a)(1) of Title VII.

15

II. PURPOSES AND SCOPE

16

A. This Decree is made and entered into by and between the EEOC and

17 Defendant (collectively the “Parties”).

18

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

19

1. To avoid the expense, delay, and uncertainty that would result

20 from continued litigation;

21

2. To provide appropriate monetary and injunctive relief;

22

3. To ensure Defendant’s employment practices comply with Title

23 VII, including its prohibition against religious discrimination;

24

4. To ensure that Defendant’s managers, supervisors, and

25 employees are given effective training of their obligations under Title VII with an

26 emphasis on providing reasonable accommodation(s) to employees because of

27 their religion;

28

5. To ensure that Defendant provides reasonable

Consent Decree

-2-

1 accommodation(s) to employees because of their religion; and

2

6. To ensure that Defendant provides a workplace free from

3 retaliation.

4

III. RELEASE OF CLAIMS

5

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

6 allegations raised or that could have been raised in EEOC Charge No. 370-2006-

7 00193 and the complaint filed on December 18, 2013 by the EEOC in U.S. Equal

8 Employment Opportunity Commission v. McDonald’s Restaurants of California,

9 Inc., Civil Case No. 1:13-cv-02065-AWI-SAB. The EEOC shall not bring any

10 other action or other proceeding against Defendant or its employees arising out of

11 EEOC Charge No. 370-2006-00193 or the complaint in this Action.

12

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

13 moving to enforce this Decree in the event that Defendant fails to comply with the

14 promises or representations contained herein.

15

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

16 Defendant’s obligation to comply with Title VII or any other federal law.

17

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

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

19 against Defendant in accordance with standard EEOC procedures, except for any

20 claims contained in EEOC Charge No. 370-2006-00193 and the complaint in this

21 Action.

22

E. It is understood and agreed by the parties that the execution of this

23 Consent Decree by the parties, and its entry by the Court, shall not constitute an

24 adjudication or findings on the merits of this Action and shall not be an admission

25 of liability or wrongdoing by Defendant with regard to the claims asserted in

26 EEOC Charge No. 370-2006-00193 or this Action.

27

IV. JURISDICTION AND FINDINGS

28

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

Consent Decree

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1 this Action. The complaint in this Action asserts claims that, if proven, would

2 authorize the Court to grant the equitable relief set forth in this Decree.

3

B. The terms and provisions of this Decree are fair, reasonable, and just.

4

C. This Decree conforms to the Federal Rules of Civil Procedure and

5 Title VII and does not derogate the rights or privileges of any person.

6

D. The Court shall retain jurisdiction over this Action during the duration

7 of the Decree for the purpose of entering any order, judgment, or decree that may

8 be necessary to implement the relief provided herein.

9

V. EFFECTIVE DATE AND DURATION

10

A. The provisions and agreements contained herein are effective

11 immediately upon the date which this Decree is entered by the Court (the

12 “Effective Date”).

13

B. The obligations of Defendant included in this Decree shall remain in

14 effect for two (2) years after the Effective Date. In the event that the EEOC proves

15 that Defendant has not complied with the Decree, the duration of this Decree may

16 be extended by court order to effectuate the purposes of the Decree.

17

VI. MODIFICATION AND SEVERABILITY

18

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

19 respect to the matters contained herein.

20

B. By mutual written agreement of the Parties, this Decree may be

21 amended or modified in the interests of justice and fairness in order to effectuate

22 its provisions.

23

C. No waiver, modification, or amendment of any provision of this

24 Decree will be effective unless made in writing and signed by an authorized

25 representative of each of the Parties.

26

D. If one or more of the provisions of this Decree is rendered unlawful or

27 unenforceable, (1) the Parties shall make good faith efforts to agree upon

28 appropriate amendments in order to effectuate the purposes of the Decree, and (2)

Consent Decree

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1 the remaining provisions will remain in full force and effect unless, despite the

2 Parties’ best efforts, the purposes of this Decree cannot be achieved.

3

VII. COMPLIANCE AND RESOLUTION

4

A. The Parties agree that if the EEOC has reason to believe that

5 Defendant has failed to comply with any provision of this Decree, the EEOC may

6 file a motion before this Court to enforce the Decree. Prior to initiating such

7 action, the EEOC will notify Defendant and its legal counsel of record, in writing,

8 of the nature of the dispute. This notice shall specify the particular provision(s)

9 that the EEOC believes Defendant has breached and the factual basis for the

10 alleged breach.

11

B. The Parties agree to cooperate with each other and to act in good faith

12 to resolve any dispute referenced in the EEOC’s notice before the EEOC petitions

13 the Court for resolution of the dispute.

14

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

15 harm, Defendant shall have forty-five days to attempt to resolve or cure the

16 putative breach. If forty-five days pass without resolution, the EEOC may petition

17 this Court for resolution of the dispute, seeking all available relief, including an

18 extension of the term of the Decree for such period of time as Defendant is shown

19 to be in breach of the Decree or any other relief the Court deems appropriate.

20

VIII. RELIEF SPECIFICALLY TO SHAHEED KHAN

21

A. Monetary Relief

22

1. In settlement of this Action, Defendant shall pay a total of

23 $50,000 (the “Settlement Amount”) within ten days of the Effective Date of this

24 Decree by mailing a check by certified mail to an address provided by the EEOC.

25 The entire Settlement Amount shall be made payable to Shaheed Khan.

26

2. The EEOC deems that all of the Settlement Amount be

27 designated as non-wage compensation for emotional distress under Title VII and

28 no tax withholding will be made. Defendant shall prepare and distribute a 1099 tax

Consent Decree

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1 reporting form to Shaheed Khan and shall make appropriate reports to the Internal

2 Revenue Service and other tax authorities, if necessary.

3

3. Within three days of the issuance of the check, Defendant shall

4 submit a copy of the check and related correspondence to Anna Y. Park, EEOC

5 Regional Attorney, 255 East Temple Street, 4th Floor, Los Angeles, California,

6 90012.

7

B. Other Relief Specific to Shaheed Khan

8

1. Defendant shall purge Shaheed Khan’s employee records of any

9 negative warnings, disciplines, or other negative references relating to his request

10 for religious accommodation; to disciplinary action after his request for religious

11 accommodation; and to his quitting and/or being terminated from his position with

12 Defendant.

13

2. If prospective employers of Shaheed Khan inquire of Defendant

14 by contacting McDonald’s The Work Number at (800) 367-5690 about his

15 employment with Defendant, McDonald’s shall limit any response to verify only

16 his employment by Defendant, the period of such employment, and his job title(s).

17

IX. GENERAL INJUNCTIVE RELIEF

18

A. Non-Discrimination

19

Defendant, its officers, agents, management, successors, assigns, and

20 directors are enjoined from discriminating in violation of Title VII based on the

21 sincerely held religious beliefs of an employee at any of the Designated

22 Restaurants (as defined Paragraph IX.D., below).

23

B. Non-Retaliation

24

Defendant shall not retaliate against any current or former employee or

25 applicant at any of the Designated Restaurants (as defined in Paragraph IX.D.,

26 below) because he or she opposed any discrimination based on his or her sincerely

27 held religious beliefs or because the employee has made a charge, testified,

28 assisted, or participated in any manner in an investigation, proceeding, or hearing

Consent Decree

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1 concerning discrimination in violation of Title VII based on the sincerely held

2 religious beliefs of an employee.

3

C. Policies and Procedures

4

1. Defendant shall have an anti-discrimination policy and

5 complaint procedure for the duration of the Decree. Its current anti-discrimination

6 policy and complaint procedure are attached as Exhibit A (“Policy”). If Defendant

7 makes changes to its Policy during the term of the Decree, Defendant will provide

8 a copy of the revised Policy to the EEOC within thirty days of the revision.

9

D. Distribution

10

1. Within ninety days of the Effective Date, Defendant shall

11 distribute its Policy to all management and non-management employees in

12 restaurants in the same patch of restaurants as the restaurant where Shaheed Khan

13 used to work (the “Designated Restaurants”). The “Designated Restaurants” and

14 their current locations are:

15

1 Store No. 06008 - 5645 E. Kings Canyon, Fresno, California 93727.

16

2. Store No. 19189 - 4190 N. West Avenue, Fresno, California 93705.

17

3. Store No. 07579 -368 E. Shaw Avenue, Fresno, California 93710.

18

4. Store No. 05487 - 1718 W. Olive, Fresno, California 93728.

19

5. Store No. 25557 – 1197 N. Willow, Clovis, California 92612.

20 Within thirty days of hire, Defendant shall distribute its Policy to any employees

21 newly hired to work at the Designated Restaurants.

22

2. Defendant shall ensure that all employees who receive a copy

23 of the Policy sign a form acknowledging having received, read, and understood the

24 policy and complaint procedure.

25

E. Training

26

1. Within ninety days of the Effective Date, Defendant shall

27 ensure that all non-management employees of the Designated Restaurants attend a

28 training program of at least one hour in duration regarding their rights and

Consent Decree

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1 responsibilities under Title VII with an emphasis on its prohibition against

2 religious discrimination and retaliation. The training also should include a review

3 of the employee’s right to seek accommodation of his or her religious beliefs and

4 Defendant’s policy and procedure for reporting and handling requests for

5 accommodation of the employee’s religious beliefs, complaints of harassment,

6 discrimination, and retaliation (“Non-Management Employee Training”).

7 Defendant shall hold a live “Non-Management Employee Training.” Non-

8 management employees who are not present at the live Non-Management

9 Employee Training shall attend a separate live training or view a recorded version

10 of the live Non-Management Employee Training with a live component where they

11 can ask questions and receive answers from someone who has attended the live

12 training and is knowledgeable of the issues covered in the training.

13

2. Within ninety days of the Effective Date, Defendant shall

14 ensure that its human resources managers and consultants and restaurant managers

15 and supervisors with responsibility for the Designated Restaurants attend a training

16 program of at least one hour in duration on Title VII’s prohibition against religious

17 discrimination and retaliation, the Policy, the handling of any request for

18 accommodation of an employee’s religious beliefs in compliance with Title VII

19 and its prohibition against retaliation (“HR and Manager Training”). Defendant

20 shall hold a live HR and Manager training. For management employees who are

21 not present at the live HR and Manager Training, Defendant shall ensure that they

22 attend a separate live training or view a recorded version of the live HR and

23 Manager training with a component where they personally can ask questions and

24 receive answers from someone who has attended the live training and is

25 knowledgeable of the issues covered in the training. This HR and Manager

26 Training shall include instruction regarding:

27

a. Defendant’s responsibility under Title VII to provide

28 reasonable accommodation(s) to employee’s sincerely held religious beliefs;

Consent Decree

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1

b. Defendant’s Policy on the handling of an employee’s

2 request for accommodation of his or her sincerely held religious beliefs, on

3 engaging in the interactive process, and on providing reasonable accommodation to

4 its employees because of his or her sincerely held religious beliefs;

5

c. Title VII’s prohibition against retaliation against any

6 employee who engages in protected activity under Title VII.

7

3. During the term of this Decree, Defendant shall ensure that any

8 newly hired non-management employee in one of the Designated Restaurants shall

9 receive Non-Management Employee Training as described herein individually

10 either live or through video within thirty days of hire.

11

4. During the term of this Decree, Defendant shall ensure that any

12 newly hired management employee in one of the Designated Restaurants shall

13 receive the HR and Management Training as described herein individually either

14 live or through video within thirty days of hire.

15

5. Defendant shall ensure that all employees in any of the

16 Designated Restaurants who receive Non-Management Employee Training or HR

17 and Manager Training sign a form acknowledging his or her attendance at the

18 training(s).

19

F. Posting of Notice

20

Within ten business days after the Effective Date, and throughout the term of

21 this Decree, Defendant shall post at each of the Designated Restaurants the Notice

22 of the terms of this Decree in a clearly visible location frequented by employees at

23 that facility.

24

G. Record Keeping and Reporting

25

1. Document Preservation: For the duration of the Decree,

26 Defendant shall retain such records as are necessary to demonstrate its compliance

27 with this Decree, including the following:

28

a. its existing policy or revised anti-discrimination policy

Consent Decree

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1 and complaint procedure, if changes are made;

2

b. the forms signed by employees acknowledging their

3 receipt, reading, and understanding of Defendant’s anti-discrimination policy and

4 complaint procedure;

5

c. the training materials used in Non-Management

6 Employee Training and HR and Manager Training;

7

d. the attendance sheets or verifications signed by

8 employees concerning attendance at Non-Management Employee Training and HR

9 and Manager Training; and

10

e. documentation in a centralized tracking system of any

11 complaint of discrimination and any requests for accommodation of an employee’s

12 sincerely held religious beliefs made to McDonald’s HR consulting hotline by an

13 employee employed at any of the Designated Restaurants, including the date, the

14 name of the employee who filed the request for accommodation, the name of the

15 person who handled the request, a summary of Defendant’s response to the

16 request, and the resolution of the request. Human Resources Managers and

17 Consultants with responsibility for the Designated Restaurants shall maintain a list

18 of complaints of discrimination made to them based on an employee’s sincerely

19 held religious beliefs and any requests for accommodation of an employee’s

20 sincerely held religious beliefs made by an employee employed at any of the

21 Designated Restaurants, including the date, the name of the employee who filed

22 the complaint, the name of the person who handled the complaint, a summary of

23 any investigation, and the resolution of the complaint

24

2. Changes in Policy and Procedure: If Defendant makes any

25 changes to its anti-discrimination policy and procedure during the term of this

26 Consent Decree, Defendant will provide a copy of the revised policy and procedure

27 to the EEOC within thirty days of the revision.

28

3. Initial Reporting: Within ninety days of the Effective Date,

Consent Decree

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1 Defendant shall provide to the EEOC a written report of the status of its

2 compliance with the Decree since the Effective Date. The Initial Report shall

3 include the following:

4

a. confirmation that Defendant has distributed its anti-

5 discrimination policy and complaint procedure in accordance with the Decree;

6

b. confirmation that Defendant has provided the training in

7 accordance with the Decree;

8

c. confirmation that Defendant has complied with the

9 record keeping requirements of the Decree;

10

d. confirmation that Defendant has posted the Notice of the

11 terms of the Decree (attached as Exhibit A);

12

e. a copy of the training materials used in Non-Management

13 Employee Training and HR and Manager Training; and

14

f. a log of all complaints of discrimination based on an

15 employee’s sincerely held religious belief and requests for accommodation of an

16 employee’s sincerely held religious beliefs made to McDonald’s HR Consulting

17 hotline or to Human Resources Managers or Consultants with responsibility for the

18 Designated Restaurants by an employee employed at any of the Designated

19 Restaurants, including the date, the name of the employee who filed the complaint,

20 the name of the person who handled the complaint, a summary of any

21 investigation, and the resolution of the complaint.

22

4. Annual Reporting: Twelve months after the deadline for Initial

23 Reporting and one month before the termination of the Decree, Defendant shall

24 provide to the EEOC a written report as to Defendant’s compliance with the

25 Decree since the last report.

26

5. Request by the EEOC: Within thirty days of a request by the

27 EEOC, Defendant shall provide to the EEOC a log of all complaints of

28 discrimination based on an employee’s sincerely held religious belief and requests

Consent Decree

-11-

1 for religious accommodation of an employee’s sincerely held religious beliefs

2 made to McDonald’s HR Consulting hotline or to Human Resources Managers or

3 Consultants with responsibility for any of the Designated Restaurants by an

4 employee employed at any of the Designated Restaurants, including the date, the

5 name of the employee who filed the complaint, the name of the person who

6 handled the complaint, a summary of any investigation, and the resolution of the

7 complaint.

8

X. COSTS OF ADMINISTRATION AND IMPLEMENTATION

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Defendant shall bear all costs associated with the administration and

10 implementation of its obligations under this Decree.

11

XI. ATTORNEYS FEES AND COSTS

12

Each Party shall bear its own costs of suit and attorneys’ fees.

13

XII. MISCELLANEOUS PROVISIONS

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

15 potential successor-in-interest with a copy of this Decree within a reasonable time

16 prior to the execution of any agreement for acquisition or assumption of control of

17 any or all of the Designated Restaurants.

18

B. During the term of this Decree, Defendant shall ensure that each of its

19 officers, managers, supervisors and Human Resources staff is aware of any term in

20 this Decree which may be related to his/her job duties.

21

C. All reporting under this Decree shall be directed to: Anna Y. Park,

22 EEOC Regional Attorney, 255 East Temple Street, 4th Floor, Los Angeles, CA,

23 90012.

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

25 approval by the Court.

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Consent Decree

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1 2 3
4 Date: December 19, 2013
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11 Date: December 19, 2013
12 13 14 15 IT IS SO ORDERED. 16 Dated: December 20, 2013 17 18 19 20 21 22 23 24 25 26 27 28
Consent Decree

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION By: /s/ Anna Y. Park Anna Y. Park Attorney for Plaintiff EEOC
By: /s/ Brett Rawitz McDonald’s Restaurants of California, Inc.
SENIOR DISTRICT JUDGE
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1

ORDER

2

GOOD CAUSE having been shown, the provisions of the foregoing

3 Consent Decree are hereby approved and compliance with all provisions thereof is

4 fair and adequate.

5

IT IS SO ORDERED.

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Consent Decree

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 Case: 1:13-cv-02065-AWI-SAB As of: 03/12/2014 05:36 PM PDT 1 of 2
CIVIL,CLOSED
U.S. District Court Eastern District of California − Live System (Fresno) CIVIL DOCKET FOR CASE #: 1:13−cv−02065−AWI−SAB

U.S. Equal Employment Opportunity Commission v. McDonalds Corporation Assigned to: District Judge Anthony W. Ishii Referred to: Magistrate Judge Stanley A. Boone Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 12/18/2013 Date Terminated: 03/11/2014 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

U.S. Equal Employment Opportunity Commission

represented by Anna Y Park US Equal Employment Opportunity Commission 255 East Temple Street Fourth Floor Los Angeles, CA 90012 213−894−1083 Email: anna.park@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant McDonalds Corporation
Defendant McDonald's Restaurants of California, Inc.

Date Filed 12/19/2013 12/19/2013
12/19/2013
12/19/2013 12/20/2013
12/20/2013

# Docket Text
1 COMPLAINT against McDonalds Corporation by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet, # 2 Notice of Interested Parties)(Park, Anna) (Entered: 12/19/2013)
2 SUMMONS ISSUED as to *McDonalds Corporation* with answer to complaint due within *21* days. Attorney *Anna Y Park* *US Equal Employment Opportunity Commission* *255 East Temple Street, Fourth Floor* *Los Angeles, CA 90012*. (Gonzalez, R) (Entered: 12/19/2013)
3 CIVIL NEW CASE DOCUMENTS ISSUED, Initial Scheduling Conference set for 3/25/2014 at 09:15 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: # 1 Consent Form, # 2 VDRP) (Gonzalez, R) (Entered: 12/19/2013)
4 FIRST AMENDED COMPLAINT against − McDonald's Restaurants of California Inc by U.S. Equal Employment Opportunity Commission.(Park, Anna) (Entered: 12/19/2013)
5 NOTICE of Consent Decree and [Proposed] Order by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Conent Decree and Proposed Order, # 2 Exhibit A − McDonalds Anti Discrimination Policy)(Park, Anna) (Entered: 12/20/2013)
6 SUMMONS ISSUED as to *McDonald's Restaurants of California, Inc.* with answer to complaint due within *21* days. Attorney *Anna Y. Park* *US Equal Employment Opportunity Commission* *255 East Temple Street, Fourth Floor* *Los Angeles, CA 90012*. (Jessen, A) (Entered: 12/20/2013)

Case: 1:13-cv-02065-AWI-SAB As of: 03/12/2014 05:36 PM PDT 2 of 2

12/20/2013 03/11/2014
03/11/2014

7 Consent Decree and Order, signed by District Judge Anthony W. Ishii on 12/20/2013. (Figueroa, O) (Entered: 12/20/2013)
8 MINUTE ORDER: (TEXT ENTRY ONLY) Due to the consent decree which resolved all claims and action was settled. The Court vacates the Scheduling Conference set on March 25, 2014 before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 3/11/2014. (Hernandez, M) (Entered: 03/11/2014)
9 JUDGMENT dated *12/20/13* pursuant to order signed by District Judge Anthony W. Ishii on 12/20/2013. (Lundstrom, T) (Entered: 03/11/2014)