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Consent Decree 

Civil Action No. CIV-S-04-1751 FCD GGH

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WILLIAM R. TAMAYO – #084965 (CA) 

JONATHAN T. PECK -- #12303 (VA) 

EVANGELINA FIERRO HERNANDEZ -- #168879 (CA) 

EQUAL EMPLOYMENT OPPORTUNITY 

 COMMISSION 

San Francisco District Office 

350 The Embarcadero, Suite 500 

San Francisco, California 94105 

Telephone: (415) 625-5622 

Facsimile: (415) 625-5657 

Attorneys for Plaintiff Equal Employment Opportunity Commission 

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION,

Plaintiff, 

v. 

LAMBKA & RENFROE L.L.C., d/b/a/ 

PERKO’S CAFÉ and DYNACO, INC., 

Defendants. 

_______________________________________

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Civil Action No. CIV-S-04-1751 FCD GGH

AMENDED CONSENT DECREE 

 

 

I. INTRODUCTION

1. Plaintiff, EEOC, filed this action alleging that defendants, Lambka & Renfroe 

L.L.C. d/b/a Perko’s Café and Dynaco, Inc., subjected Charging Party Raymie and other Hispanic 

and/or Mexican employees to unlawful harassment based on their national origin and ultimately 

caused the unlawful discharge of a class of Hispanic/Mexican employees. Defendants deny 

Plaintiff’s allegations and claims in this action. 

2. Defendant Dynaco, Inc., has been dismissed from the action by the EEOC. 

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Consent Decree 

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3. The EEOC and Defendant Lambka & Renfroe L.L.C. d/b/a Perko’s Café 

(hereinafter “Defendant”) want to conclude fully and finally all claims arising out of the above 

action without the expenditure of further resources and expenses in contested litigation. 

II. NON-ADMISSION OF LIABILITY

4. This Consent Decree is not an adjudication or finding on the merits of this case and 

shall not be construed as an admission of any violation or liability by Defendant. 

III. DEFINITION OF TERMS

5. “Claimants” refers to Raymie Lopez Rajewski, the individual who filed the charge 

of discrimination leading to the instant action, and other similarly situated individuals who the 

EEOC determines shall participate in monetary relief pursuant to this Consent Decree. 

6. For the purposes of this decree, the term “Harassment” refers to any alleged 

harassment based on the protected status of race, gender, religion, national origin, color, age or 

disability. 

IV. GENERAL PROVISIONS

7. This Consent Decree is intended to and does effectuate the full, final, and complete 

resolution of all allegations and claims of unlawful employment practices and discrimination 

arising from or relating to (a) the original discrimination charge of discrimination, EEOC Charge 

Number 370-A2-0958 and (b) the Complaint filed in this action, EEOC v. LAMBKA & 

RENFROE L.L.C., d/b/a/ PERKO’S CAFÉ and DYNACO, INC., Civil CIV-S-04-1751 FCD 

GGH, pursuant to Title VII of the Civil Rights Act of 1964. 

8. This Court has jurisdiction over the subject matter and the parties to this action. 

9. This Consent Decree constitutes a full, final, and complete resolution of Plaintiff’s 

Complaint and the underlying charge of discrimination filed with the EEOC. 

10. This Consent Decree shall become effective upon its entry by the Court. 

11. Each party shall bear its own costs and attorney fees. 

12. The Court has reviewed the terms of this Consent Decree in light of the pleadings, 

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the record herein, and the applicable law, and now approves the Consent Decree in its entirety. 

V. MONETARY SETTLEMENT 

13. Defendant agrees to pay the gross sum of $35,000.00 (hereinafter “Settlement 

Sum”) through quarterly payments outlined below. The EEOC will inform Defendant how the 

Settlement Sum shall be apportioned between the Claimants. 

14. Payment to the Claimants shall be made in equal quarterly payments totaling the 

Settlement Sum of $35,000.00, commencing on or about July 31, 2005 or as soon thereafter as 

practicable, and continuing for a period of three (3) years thereafter. No interest shall accrue or 

be incurred by Defendant. The monetary relief shall be issued in checks drafted in each of the 

Claimant’s names and amounts as outlined in Exhibit A. The checks shall be delivered to the 

EEOC for distribution. The checks shall be payable to the order of the Claimants in the form of 

business checks, cashier’s checks, or certified checks. Defendant also will issue an IRS Form 

1099 for each of the checks issued pursuant to this paragraph. 

A. Defendant will mail the copies of the IRS Form 1099 to Evangelina Fierro 

Hernandez, Senior Trial Attorney for the EEOC, at 350 The Embarcadero, San 

Francisco, CA 94105, simultaneously with the mailing of the checks. 

B. Payment of monetary relief to the Claimants shall be contingent on the 

execution of a release of all claims against Defendant by each of the Claimants. 

No portion of this Settlement Sum is attributable to or representative of any type 

punitive damages claim. 

VI. GENERAL INJUNCTIVE RELIEF

15. Retaliation: Consistent with Section 704 of Title VII, 42 U.S.C. §2000e-3, 

Defendant, its officers, agents, managers (including supervisory employees), successors or assigns 

and all those in active concert or participation with them, agree not to engage in, implement or 

permit any action, policy or practice with purpose of retaliating against any of the Claimants or 

any person who was identified as a possible claimant or witness in this action because they 

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opposed any alleged practice; or testified or participated in any manner in any investigation, 

proceeding or hearing in connection with this case. 

VII. SPECIFIC INJUNCTIVE RELIEF

16. Defendant affirms its continuing commitment to the objectives contained in the 

following “Statement of Zero-Tolerance Policy and Equality Objectives”: 

Defendant is firmly committed to maintaining a zero-tolerance 

policy concerning discriminatory harassment and retaliation against 

individuals who report harassment in the company’s workplace; to 

swiftly and firmly responding to any acts of harassment and 

retaliation of which the company becomes aware; to implementing a 

disciplinary system that is designed to strongly deter future acts of 

harassment or retaliation; and to actively monitoring its workplace 

in order to ensure tolerance, respect and dignity for all people. 

This paragraph does not create any contractual or common law causes of action or other rights 

that would not otherwise exist under statute. 

17. Defendant agrees to develop and implement the following policies, procedures and 

practices at the Perko’s Café currently operated by Defendant: 

EEO and Harassment Policies

A. To the extent necessary Defendant shall revise its EEO & harassment 

policies (in English and Spanish) within thirty (30) days of signing the Consent 

Decree, such that the policies: (i) include definitions of discriminatory harassment, 

with specific reference to harassment based on race; (ii) include examples to 

supplement the definitions of harassment based on race; (iii) provide for substantial 

discipline and/or corrective action for incidents of discriminatory harassment; (iv) 

include non-retaliation language with examples to supplement the definition of 

retaliation; (v) provide for substantial discipline for incidents of retaliation; (vi) 

provide that complaints of harassment and/or retaliation will be received 

irrespective of whether they are made verbally or in writing; (vii) explain that 

Defendant will conduct a prompt and thorough investigation after a complaint is 

made or received and will take remedial action if necessary upon conclusion of an 

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investigation; and (viii) indicate that, promptly upon the conclusion of the 

investigation of a complaint, Defendant will communicate to the complaining party 

the results of the investigation and the remedial actions taken or proposed, if any. 

B. Defendant shall effectively disseminate its revised policies and procedures 

by: 

(i) Distributing copies to all current employees of Defendant within 10 

days of their adoption; 

(ii) Giving a copy of the revised policies and procedures to and 

reviewing them with all new employees of Defendant upon the employees’ 

hire. 

C. Defendant will submit a copy of the revised EEO and harassment policies 

to EEOC at the same time it submits its report on the completion of training as 

described below in Section IX. 

D. Defendant will submit a copy of the complaint procedures to the EEOC at 

the same time it submits its certification of completion of training as required by 

Section IX. 

Supervisor Accountability. 

E. Defendant agrees that it shall impose substantial discipline – up to and 

including termination, suspension without pay, or demotion – upon any supervisor 

or manager who the company determines has engaged in harassment or has 

knowingly permitted any such conduct to occur in his or her work area or among 

employees under his or her supervision, or who Defendant determines has 

retaliated against any person who complains or participates in any investigation or 

proceeding concerning any such harassment. 

F. Defendant shall advise managers and supervisors of their duty to actively 

monitor their work areas to ensure employee compliance with the harassment 

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policy, and to report any incidents and/or complaints of harassment and/or 

retaliation of which they become aware. 

Harassment Training

G. Within six months of entry of this Decree, Defendant will present to all of 

its employees, including owners, managers and supervisors, at least one (1) 

hour of mandatory anti-harassment training. 

(i) The training shall be developed and presented by an outside source, 

i.e., someone who is not employed by Defendant, who is knowledgeable 

about Title VII and discriminatory harassment and who has the 

background, skill and ability to educate Defendant’s employees about the 

issue of discriminatory harassment in the workplace. The training will 

include examples of the types of remarks and behavior that will not be 

tolerated in Defendant’s business locations. The training will further inform 

each participant that he or she is responsible for knowing and complying 

with the contents of Defendant’s EEO and harassment policies and 

procedures. 

(ii) Supervisors and/or managers who will assume responsibility for 

enforcing Defendant’s EEO and harassment policies upon expiration of the 

Consent Decree shall also receive training on appropriate techniques for 

documenting and investigating complaints of harassment. The training on 

investigative techniques can be included as a component of the mandatory 

discriminatory harassment training. 

(iii) The owners or principals of Defendant will also receiving training 

on appropriate techniques for documenting and investigating complaints of 

harassment. 

H. The cost of the training described in paragraph G above shall be borne by 

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Defendant. 

I. Defendant will retain records of the training programs, copies of any 

materials distributed during the training and lists documenting the dates on which it 

held the training and identifying the persons who attended. Defendant will provide 

a copy of these records and training materials to the EEOC within thirty (30) days 

of completion of the trainings. 

VIII. REPORTING

18. Six months after entry of the Consent Decree and again every six months 

thereafter, Defendant will submit reports to the EEOC summarizing any complaints of harassment 

received by Defendant during the preceding six-month period. The reports will include the 

identities of the complainant(s) and the alleged harasser(s), a summary of action taken in response 

to the complaint, and the resolution of any such complaint. Defendant will attach copies of the 

corresponding written records. 

19. Within thirty (30) days after completion of the anti-harassment training outlined in 

paragraph 17.G. above, Defendant will send the EEOC appropriate verification of its completion 

of the training. See also paragraph 17.1. 

20. Defendant shall submit a final report to the EEOC thirty (30) days before the 

Consent Decree expires containing a statement verifying its compliance with the terms of the 

Consent Decree. 

IX. RETENTION OF JURISDICTION AND EXPIRATION OF 

CONSENT DECREE

21. This Consent Decree shall terminate three (3) years from the date of entry by the 

court, unless EEOC petitions this court for an extension of the Decree because of alleged 

noncompliance by Defendant. If EEOC determines that Defendant has not complied with the 

Consent Decree, EEOC will provide written notification of the alleged breach to Defendant and 

will not petition the court for enforcement sooner than thirty (30) days after providing such 

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written notification. The thirty-day period following written notice shall be used by the parties for 

good faith efforts to resolve the issue. If EEOC petitions the court and the court finds Defendant 

to be in substantial violation of the terms of the Decree, the court may extend this Consent Decree 

and provide appropriate remedies and orders. 

22. This Court shall retain jurisdiction over this action for the purposes of enforcing 

the provisions of this Consent Decree. This Consent Decree shall expire by its own terms at the 

end of three (3) years without further action by the parties. 

Respectfully submitted, 

DATED: ______, 2005 By________________________________ 

WILLIAM TAMAYO 

U.S. EQUAL EMPLOYMENT 

 OPPORTUNITY COMMISSION 

DATED: ______, 2005 By________________________________ 

JONATHAN PECK 

U.S. EQUAL EMPLOYMENT 

 OPPORTUNITY COMMISSION 

DATED: ______, 2005 By________________________________ 

EVANGELINA FIERRO HERNANDEZ 

U.S. EQUAL EMPLOYMENT 

 OPPORTUNITY COMMISSION 

DATED: _____, 2005 By______________________________ 

ROBERT J. SCHNACK 

BULLIVANT HOUSER BAILEY PC 

11335 Gold Express Drive, Suite 105 

Gold River, CA 95670-6310 

APPROVED AND SO ORDERED on August 1, 2005: 

/s/ Frank C. Damrell Jr. _____ 

U.S. District Judge 

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