United States District Court, N.D. California
March 3, 2004.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff
SEGA OF AMERICA, INC. and SPHERION CORPORATION, Defendants
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
Training and Outreach
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, including their obligations not to discriminate based on
national origin or retaliation.
Record Keeping and Reports
9. Within sixty (60) days after completing the training described in
paragraph 8, Sega will mail to counsel for the Commission a report
containing the date(s) of training, list(s) of all attendees, and copies
of all materials distributed at the training.
10. Sega will pay the total sum of $456,000.00, to be distributed as
allocated and directed by the Commission, as damages and in complete
satisfaction of the Commission's claims against Sega as set forth in its
Complaint. All individuals to whom an allocation is made will sign
releases and said releases will be provided to Sega prior to the
individual's receiving any money hereunder. The sums will be paid by
check directly to each individual in his name, and will be sent to each
via certified mail, Federal Express, or United Parcel Service delivery,
at addresses to be provided to Sega by the Commission. A copy of said
checks and their transmittal letters will be sent to Commission counsel
Cindy O'Hara at the San Francisco. District Office. Said checks will be
transmitted by Sega no later than ten (10) business days after the entry
of this Consent Decree and transmittal of the signed releases to Sega.
DISPOSITION OF CLAIMS
11. This Consent Decree constitutes a full and final resolution of all
the Commission's claims against Sega in this action. The entering into of
this Consent Decree by Plaintiff Commission and Defendant Sega and its
entry by the Court is without prejudice to the Commission's claims
against Defendant Spherion.
EXPIRATION OF CONSENT DECREE AND DISMISSAL
12. Two years (24 months) after the entry of this Consent Decree, this
lawsuit will be dismissed with prejudice, provided that Sega has
substantially complied with the terms of this Consent Decree. The
Commission agrees to give Sega advance written notice of any alleged
failure to comply with the terms of this Consent Decree and a reasonable
opportunity to cure any alleged breach before seeking Court relief for
breach of the Consent Decree. Sega will be deemed to have complied
substantially if the Court has not made any findings or orders during the
term of the Decree that Sega has failed to comply with any of the terms
of this Decree.
It is so ordered.
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