The opinion of the court was delivered by: SUSAN ILLSTON, District Judge
CONSENT DECREE BETWEEN THE
OPPORTUNITY COMMISSION AND
SEGA OF AMERICA, INC.
Plaintiff Equal Employment Opportunity Commission ("Commission") filed
this action under Title VII of the Civil Rights Act of 1964 and Title I
of the Civil Rights Act of 1991 to correct alleged unlawful employment
practices on the basis of discrimination based on national origin and
retaliation, and to provide appropriate relief to individuals who the
Commission alleged were adversely affected by such practices. The
Commission alleged that Defendant Sega of America, Inc. and Defendant
Spherion Corporation subjected certain employees to unlawful
discrimination based on national origin and other employees to
retaliation in violation of Tifle VII. Both Defendants denied all the
Commission's allegations. The Commission and Defendant Sega of America
("Sega") now seek to resolve this action as to each other without
contested litigation through the instant Consent Decree. This resolution
does not constitute an admission of liability on the part of Sega, nor
constitute a finding on the allegations stated in the Commission's
Complaint. This Consent Decree represents a good faith settlement of
contested and disputed claims. Sega expressly denies any violation of law
or wrongdoing. This Consent Decree resolution does not resolve this
action as to the dispute between the Commission and Defendant Spherion
Corporation, and litigation between those two parties is not affected by
the Consent Decree entered into by the Commission and Sega.
The Court has reviewed this Consent Decree in light of the pleadings,
the record herein, and the applicable law, and now approves this Consent
THEREFORE IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. This Court has jurisdiction over the subject matter and the parties
to this action. This Court retains jurisdiction over this Consent Decree
during its term.
2. This Consent Decree constitutes a full and final resolution of the
Commission's claims against Sega in this action.
3. This Consent Decree will become effective upon its entry by the
4. This Consent Decree is final and binding upon the parties to it,
their successors and assigns.
5. The Commission and Sega will each bear its own costs and attorneys
fees in this action.
GENERAL INJUNCTIVE RELIEF
6. Sega and its current officers, agents, and employees will comply
with all requirements of Title VII with respect to providing a work
environment free from discrimination on the basis of national origin and
7. Sega and its current officers, agents, and employees agree not to
retaliate against Fredrick Acebo, Joseph Amper, Michael Delacruz, John
Diamonon, Antonio Eco, Beejey Enriquez, Berjes Enriquez, Benjamin Galvez,
Rommel Hernandez, Jenric
Herrera, Roel Limosnero, Christopher Meyer, Francisco. Rivera, Ronald
Rodriguez, Ryan Roettele and Jeffrey Sideno ("Charging Parties") for
having testified or participated in any manner in the Commission's
investigation and the proceedings in this case.
SPECIAL INJUNCTIVE RELIEF
8. No later than ninety (90) days from the entry of this Consent
Decree, Sega will use an outside consultant to train all its employees
responsible for the hiring, supervising or managing of employees, as to
their obligations to not discriminate under Title VII of the Civil Rights
Act of 1964, ...