IN THE UNITED STATES DISTRICT COURT 

FOR TFIE EASTERN DISTRICT OF PENNSYLVANIA 

EQUAL EMPLOYMENT OPPORTUNITY ) 

COMMISSION, ) 

> 

Plaintiff, ) 

) CIVIL ACTION NO. 

v. ) wcv-3295 (WY) 

1 

AMYCEL, WC. (a subsidiary of ) 

MONTEREY MUSHROOMS, INC.) ) 

I 

) 

Defendant. ) 

) 

CONSENT DECREE 

This Consent Docree is entered into by the Plaintiff, the United States Equal Employment 

Opportunity Commission (the "EEOC" or the "Commission") and the Defendant, Amycel, Inc. (a 

subsidiary of Monterey Mushrooms, Inc.), its directors, officers, agents, employees, successors or 

assigns. 

The Commission brought this action on June 13,2004, in the United States District Courl 

for the Eastern Disbict of Pennsylvania to enforce the provisions of Title W of the Civil Rights Act 

of 1964, as amended, and Title I of the Civil Rights Act of 1991,42 U.S.C. 5 2000e, &.% ('Title 

VIT'). In its Complaint, the Commission alleged that RonaldBerger was subjected to a hostile work 

environment because orhis national origin when he was subjected to humiliating and offensive 

insults and derogatoryrcmarks by his direct supervisor. The Commission alleged that although Mr. 

Case 2:04-cv-03295-WY Document 4 Filed 09/14/04 Page 1 of 10
Berger objected to such offensive conduct, the harassment did not stop. Instead, without just caw, 

Defendant terminated Mr. Berger's employment abruptly and denied him other employment 

oppommities in retaliation for his complaints of discrimination. Consequently. Mr. Berger has 

suffered severe emotional disbs and damages. 

As a rmult of scnlement discussion$ and in an attempt to avoid litigation costs, the parties 

to this action do hcreby ape to entry of this Consent Decree (hereinafter referred to as the 

"Decree") which shall resolve fully and findly all claims which were raised by the EEOC in its 

Complaint. It is the intcnt of the parties that this Decree shall be a final and binding settlement 

beween the pdcs signatory hereto, their successors and assigns, in N1 disposition of all claims 

alleged in the Commission's Complaint against Amycel, Inc. 

The Parties hereby agree that: 

I. This Decree is entered into in cnrnpromisc of the claims asserted in this civil action. 

Amyccl, Inc. dolics any wrongdoing, and this Decree shall. under no circumstances, be construed 

or deemed to be evidence of any wrongdoing, fault, or liability; or any infirmity in thedefenses that 

Amyccl, Inc. asserted. 

2. The EEOC is tpe agency of the United States government authorized by Congress to 

investigate allegations of awful employment discrimination, to bring civil actions based upon 

thcse allegations ofunlaw T' 1 practices. and to seck relief for individuals affected by such practices. 

3. Thepanies stipulate thaI,pursuant to Title W and28USC $451, 1331, 1337, 1343, and 

1345, the United States District for the Eastern District of Pennsylvania has jurisdiction over both 

the subject matter and the parties in this care. The parties further stipulate that venue is appropriate 

in the Eastern District of Pennsylvania. 

Case 2:04-cv-03295-WY Document 4 Filed 09/14/04 Page 2 of 10
NON-DISCRIrmNATION 

4. Amycel, Inc. will comply fully with all of the provisions of Title VII, and will avoid 

engaging in any employment practice which operates to deny equal employment opportunity based 

on national origin and/or retaliation, in violation of Title W. 

5. Amycel, Inc. shall not engage in any employment practices which retaliate in any manner 

against any person, including but not limited to RonaldBerger, because of that person's cooperation 

with the EEOC with rospgt to this civil action. Amyeel, Inc. will eomply with Title VU's 

prohibition of retaliation because of the filing of a charge, the giving of testimony or assistance, or 

participation in this matter, or in any investigation, heaxing or proceeding under Title VII. 

6. Amyecl, Inc. shall not divulgc, dircctly or indirectly, lo any employer or potential 

employer of Ronald Berger, the facts orcinumstancesrelated to thechargeofdiscriminationagainst 

Amycel, Inc., or any of the events relating to his participation in the litigation of this matter. 

7. l'his Decree, being entered into with tho consent of tho Commission and Amycel, hc.. 

shall not constitute an adjudication or finding on the merits of the case and shall not be construed 

as an admission of liability by Amycel, Inc.. 

MONET-Nm 

8. Amycel, Inc. agrees to pay the sum total of me Hundred Fiftv Two Thousand Five 

 dollars ($152,500) to Ronald Berger in settlement of claims brought by the EEOC in this 

action. In consideratioll, Mr. Berger will be required to promptly cxecutc the attached Release 

(Exblblt A) which will be fonvarded to Amyeel, Inc. in order to receive the monetary payment. 

9. Within fourteen(l4) days after Amyeel, !nc. has received the executedrelease, Defendant 

will make the agreed monetary payment. Proof of the paymcnt shall be mailed lo In's SantiagoCase 2:04-cv-03295-WY Document 4 Filed 09/14/04 Page 3 of 10
Flores, Senior Trial Attorney, EEOC. Philadelphia District Office, 21 S. FiAh Skeet, Suite 400, 

Philadelphia, PA 191 06. 

FOWITABLE RELIEF 

Defendant Amycel, Inc. agrees to the following injunctive relief: 

12. Amycel, lnc. agrees to post aNotice at all its Amyeel, Inc. facilities in the form attached 

hereto as Exhibit "El" for a period oftwo (2) years from the date ofthe filing ofthis Decree with the 

Court. The Notice shall be easily legible and shall be posted on the bulletin boards at Amycel, Inc. 

where notices, bulletins or announcements of this nature are usually and customarily posted for the 

benefit ofall employees. Should theposted copy of the Notice become defaced, marred or otherwise 

made unreadable, Amycel, Inc. agrees immediately to post a readable copy of the Notice. 

13. Amycel, Inc. agrees to conduct training on employment discrimination, specifically 

national origin discrimination, harassment, and relaliation, under Title VII for all its off~cials, 

directors, upper- and middle-managers, supervisors, and employees at all its Amycel, lnc. facilities. 

The (raining shall begin within 90 days of the filing of the Decree with the Court and be completed 

by March 30,2005. Defendant agrees to notify the Commission as to the date of the training, and 

pmvide the identity of the presenter(s) and information regarding the substantive content presented 

at the training to the Commission afler the (raining is completed. 

14. Amycel, Inc. agrees to pmvide to Ronald Berger aneuhal letter ofreference, statingonly 

Mr. Berger'spositions and responsibilities with Amycel, lnc., alongwith date(s)ofemployment and 

salary. 

Case 2:04-cv-03295-WY Document 4 Filed 09/14/04 Page 4 of 10
-COMPLIANQ$ 

15. The Courl may order expedited discovery under the Federal Rules of Civil Rocedure 

for purposes of determining compliance with this Decree or defending against a clain~ of noncompliance. The Court will have all equitable powers, including injunctive relief, to enforce this 

Decree. 

16. If any provision of the Consent Decree is found to be unlawful, only the specific 

provision in question shall be affected and the other provisions will remain in full force and effect. 

17. The terms ofthe Decree are and shall he binding upon the present and future employees. 

agents, trustees, admi~sMors, successors, representatives, and assigns of Amycel, Inc.. 

18. This Decree constitutes the entire agreement and commihnents of the partics. Any 

modifieations lo this agreement must be mutually agreed upon and memorialized in a writing signed 

by Amycel, Inc. and the Commission. 

19. This Decree shall be filed in the United States District Coun for the Eastern District of 

Pennsylvania and shall continue to be in effal for a period ofTwo (2) years. 

20. The Parties agree to file a Stipulation of Dismissal with Prejudice in the form attached 

hereto as Exhibit "C". 

21. Failure by the Commission to seek enforcement of this Decrce with regard lo one 

provision shall not be construed as a waiver of its rights to do m with regard to the same or other 

provisions of this Decree. 

Case 2:04-cv-03295-WY Document 4 Filed 09/14/04 Page 5 of 10
For: For: 

EQUAL EMPLOYMENT OPPORTUNlTY AMYCEL, INC. 

COMMISSION 

Eric S. Dreiband 

General Counsel 

James L. Lee 

I Deputy General Counsel 

Gwendolm Yo g Reams 

Associate Gene X Counsel 

" 

~eg&.l Attorney 

Annie Long, D'u~ctor of &an Resources 

260 Westgate Drive 

Watsonville. California 95076 

Dale: h 'D/zocP 

U.S. EEOC 

Philadelphia DisIiict Office 

21 S. 5U Street, Suite 400 

Philadelphia, PA 19106 

(215) 440-2828 

Case 2:04-cv-03295-WY Document 4 Filed 09/14/04 Page 6 of 10
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DLSTRICT OF PENNSYLVANIA 

EQUAL EMPLOYMENT OPPORTUNITY ) 

COMMISSION, 1 

1 

PlalntiU, 1 

) CMLACTIONNO. 

v. ) 04-cv-3295 0 

) 

AMYCEL, MC. (a subrldlnry of ) 

MONTEREY MUSHROOMS, INC.) ) 

) 

) 

Defendant. ) 

hrrsuant to the terms of the Consent Decrec entered into by the Equal Employment Opportunity 

Commission ("EEOC") and Amycel, Inc. in the above-captioned care, [,RonaldBerper, do 

hereby waive, remit, release and forever discharge Amycel, Inc., its subsidiary companies, and 

any and all of the officers, directors, agents, employees, and members of such entities fmm any 

and all claims, demands or causes of action under Title W, arising fmm any right or entitlement 

now existing until the date of execution of this Release for facts arising from or allegations made 

in EEOC v. Amvcel. Inc. Civil Action No.04-cv-3295, based on claims of national origin 

discrimination and retaliation occuning prior to this date. This Release is freely executed in 

return for thc good and valuable consideration set forth in the above-referenced Consent Decree. 

Date: ., 2004 SIGNATURE: 

Ronald Berger 

Sworn to and Subscribed 

Before me this .day 

of -2004. 

NOTARY PUBLIC 

My Commission Expires: 

Erhlblt =A" 

Case 2:04-cv-03295-WY Document 4 Filed 09/14/04 Page 7 of 10
NOTICE 

Title VII of the Civil Rights Act of 1964,42 U.S.C. Section 2000e, el seq., as amended, 

("Title W"), prohibits discrimination against employees and applicants for employment based 

upon race, color, sex, religion, or national origin. Title W further prohibits retaliation against 

employees or applicants who avail themselves of the rights under Title W by engaging in 

protected activities, such as filing a charge of discrimination and/or testifying or participating in a 

Commission investigation. 

The Equal Employment Oppottunity Commission (the "EEOC or the "Commission") is 

the federal agency which investigates charges of unlawful employment discrimination. The 

EEOC has the authority to bring lawsuits in federal cotut to enforce Title W. 

This notice is being posted as part of the resolution of EEOC v. AMYCEL. WC.. Civil 

Action No.04-cv-3295. The EEOC brought this action against Amycel, Inc. to enforce provisions 

of Title VII, specifically alleging that Amycel, Inc. violated Title W of the 1964 Civil Rights 

Act. In its Complaint. the Commission alleaed that Mr. Beraer was subiected to a hostile work 

environment because of his national origin ;hen hc was subrected to h&iiliating and offensive 

insults and deroaatow remarks bv his direct supervisor. The Commission alleaed that althouh 

Mr. Berger obj&ed io such ofle"sive conduct: the hwarsment did not stop. lmkad, without~ust 

cause, Defendant tcrmi~iated Mr. Bnger's employmml abmptl\ and dmied him other 

employment oppottunities in retaliation for his complaints o>&scrimination. 

Amycel, Inc.. denies these allegations. A Consent Decree has been entered into in 

compromise of disputecl claims asserted in this civil action in order to avoid the expense and 

inconvenience of litigation and was in no way a finding or admission of wrongdoing or illegal 

conduct by Amycel, Inc. 

Amycel, Jnc. fully supports and will comply with Title W in all respects. ln furtherance 

of the resolution of this matter. Amvcel. Inc, is committed to the orincinle of eaualih of . .. . . . . opportunity and will not engage in any employment practice which in any way operates to deny 

esual em~loment ooooxlmities in violation of Title VII on the basis ofrace. color. reli~on. sex. . -. o;natiokl drigin. F'&hermore, in accordance with Title W, Amycel, Inc. kill not take any 

action against any employee, any applicant for employment or any family member of any . . 

emp!oy& because he or fhe hGxk;ciscd any rig);[ under Title V%, incllding the filing bra 

charge of - discrim~nation with the F4ual Employment Opportunily Commission or for testifying . . . . . - or participating in a Commission investigation. 

This Notice will remain posted at all Amycel, lnc facilities lor a period oftwo (2) yean. 

pursuant to provisions of the Consent Decree, and must not bs defaced or moved. This Notice 

will be available for inspection by all employecs of Amycel. Inc. andlor by the EWC, pursuant 

to the provisions of the Consent Dccree entered by the parties in resolution of the underlying . . . - litigation. 

THIS NOTICE MUST NOT BE REMOVED [ FOR A PERIOD OF TWO (2) YEARS 

portunity Commission 

Exblbit "Bn 

Case 2:04-cv-03295-WY Document 4 Filed 09/14/04 Page 8 of 10
IN THE UNITED STATES DISTRICT COURT 

FOR TKE EASTERN DISTRICX OF PENNSYLVANIA 

EQUAL EMPLOYMENT OPPORTUNITY ) 

COMMISSION, ) 

) 

Plaintiff, ) 

) CIVIL ACTION NO. 

v. ) Okv-3295m 

1 

AMYCEL, INC. (a subsidiary of ) 

MONTEWY MUSHROOMS, INC.) ) 

) 

Defendant. ) 

1 

1 

Pursuant to Rule Il(aXl)(ii) of the Federal Rules of Civil Rocedwe and pursuant to 

provisions of the Consent Decree, the Plaintiff, Equal Employment Opportunity Commission 

("EEOC"), and Defendant, Amycel, Inc., hereby agree to dismiss Civil Action No. Okv-3295 

with prejudice, each party to bear its own wsts and attorneys' fees. 

Jurisdiction over this matter will be retained by the Court for aperiod of two (2) years 

andlor until the monetary and equitable reliefpmvisions of the Consent Decree are fully 

For: For: 

EQUAL EMPLOYMENT OPPORTUNITY AMYCEL, INC. 

COMMISSION 

Eric S. Dreiband 

General Counsel 

James L. Lee 

Deputy General Counsel 

Gwendolyn Young Reams 

Associate General Counsel 

Washington, D.C. 

u Anme Lana. -- Director of Human sources 

260 Westgate Drive 

Watsonville, California 95076 

Date: + )a, Aaax~ 

Case 2:04-cv-03295-WY Document 4 Filed 09/14/04 Page 9 of 10
J 

U.S. EEOC 

Philadelphia DisI3ct Office 

21 S. 5' Streef Suite 400 

Philadelphia, PA 19106 

(2 15) 440-2828 

Date: q\iL(kf 

APPROVED AND SO ORDERED: 

DATE 

Exhibit "C" 

Case 2:04-cv-03295-WY Document 4 Filed 09/14/04 Page 10 of 10