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EQUAL EMPLOYMENT OPPORTUNITY COMM. v. BORAGGIO RESTAURANT

May 20, 2003

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, PLAINTIFF,
v.
BORAGGIO RESTAURANT, INC., DBA CHENERY PARK RESTAURANT DEFENDANT.



The opinion of the court was delivered by: Charles Breyer, United States District Judge

CONSENT DECREE

I. INTRODUCTION

Plaintiff Equal Employment Opportunity Commission (EEOC) filed this suit under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 based on an EEOC Charge of Discrimination filed by Shannon Craine against defendant BORAGGIO RESTAURANT, INC., dba CHENERY PARK RESTAURANT (Chenery Park). The EEOC alleges that Chenery Park unlawfully retaliated against Ms. Craine by suspending then terminating her when she complained of sexual harassment in Defendant's restaurant. Chenery Park denies Ms. Craine's claims and alleges that Mr. Craine was suspended and terminated due to non-retaliatory business related reasons.

II. NON-ADMISSION OF LIABILITY

This consent decree is not an adjudication or finding on the merits of this case and shall not be construed as an admission of a violation of Title VII by Defendant.

The Court has reviewed the terms of this Consent Decree in light of the pleadings, the record herein, and the applicable law, and now approves the Consent Decree in its entirety.

Therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:

III. GENERAL PROVISIONS

1. This Court has jurisdiction over the subject matter and the parties to this action.
2. This Consent Decree constitutes a full resolution of the EEOC's complaint in Civil Action No. C 02-4717 CRB.
3. This Consent Decree shall become effective upon its entry by the Court.
4. This Consent Decree is final and binding upon the Parties, their successors and assigns.
5. The EEOC and Defendant shall bear their own costs and attorney fees.
IV. GENERAL INJUNCTIVE RELIEF

1. Retaliation

Defendant, its officers, agents, management (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 the purpose of retaliating against any current or former employee of Defendant because he or she opposed any practice of discrimination, filed a charge of discrimination alleging any such practice; testified or participated in any manner in any investigation (including, without limitation, any internal investigation undertaken by Defendant), proceeding or hearing in connection with this case, and/or relating to any claim of discrimination or harassment, or, was identified as a possible witness in this action.

V. SPECIFIC INJUNCTIVE RELIEF

In order to effectuate the objectives embodied in this Consent Decree, Defendant shall make the following modifications to its existing policies, procedures and practices.

1. Policy Changes

Within sixty (60) days after entry of this Consent Decree, Defendant will revise its "Employment ...


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