The opinion of the court was delivered by: RONALD WHYTE, District Judge
On April 10, 2003, Plaintiff Equal Employment Opportunity
Commission ("EEOC" or "Commission") filed this action pursuant to
Title VII of the Civil Rights Act of 1964 ("Title VII"), and
Title I of the Civil Rights Act of 1991. The EEOC alleged that
Defendant Rowtown Inc. d/b/a The Fish Hopper Restaurant
("Defendant") discriminated against Charging Party Masumeh
Zanganeh and other similarly situated female employees.
Specifically, the EEOC alleged that the women were subjected to a
sexually hostile work environment and that Ms. Zanganeh was
retaliated against for her complaints about the harassment. The EEOC further alleges
that Ms. Zanganeh was constructively discharged due to
retaliation and Defendant's failure to take corrective action in
response to her complaint.
The First Hopper denies the EEOC's and Ms. Zanganeh's
allegations. The First Hopper became aware of virtually all of
Ms. Zanganeh's complaints of sexual harassment after the
voluntarily resigned and field a Charge of Discrimination with
the EEOC. During her tenure, The Fish Hopper was aware of only
one of her complaints of sexual harassment, perpetrated by a
coworker, and The Fish Hopper terminated the employment of that
coworker. The Fish Hopper denies that Ms. Zanganeh ever
complained to any member of management about any of the other
allegations of sexual harassment made in this action. Regarding
the complaints of the similarly situated females, The Fish Hopper
was aware of only one complaint by on claimant and took
appropriate corrective action immediately after becoming aware of
the complaint. The Fish Hopper denies that any of the remaining
claimants reported the alleged sexual harassment or that it has
reason to know of the alleged harassment and claims that it is
therefore not liable for the alleged harassment.
II. NON-ADMISSION OF LIABILITY
This consent decree is not an adjudication or finding on the
merits of this and shall not be construed as an admission of a
violation of Title VII by Defendants.
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 entirely.
Therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as
III. GENERAL PROVISIONS
1. This Court has jurisdiction over the subject matter and
parties to this action.
2. This Consent Decree constitutes a full resolution of the
EEOC's complaint and the Intervener's Amended Complaint in
Intervention in Civil Action C-03-01522-RMW (HRL).
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
IV. GENERAL INJUNCTIVE RELIEF
Defendant, its officers, agents, management (including all
supervisory employees, successors and assigns, and all those in
active concert or participation with them, or any of them, hereby
agree not to: (a) engage in or be a party to any action, policy
or practice that is intended to or is known to them to have the
effect of sexually harassing or intimidating any employee on the
basis of sex; or (c) create, facilitate or permit the existence
of discrimination on the basis of sex.
Defendant, its officers, agents management (including
supervisory employees), successors or assigns, and all those in
active concert or participation wit them, agree not to engage in,
implement or permit any action, policy or practice with he
purpose of retaliating against any current or former employee of
Defendant because he or she complained about sexual harassment,
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), proceedings or ...