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U.S. Equal Employment Opportunity Commission v. Mercury Air Centers

August 9, 2010

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, PLAINTIFF,
v.
MERCURY AIR CENTERS, INC., ET AL, DEFENDANT.



The opinion of the court was delivered by: Honorable A. Howard Matz

CONSENT DECREE; ORDER

Plaintiff U.S. Equal Employment Opportunity Commission (the "EEOC" or "Commission") and Mercury Air Centers, Inc. (hereafter "Defendant" or "MAC") hereby stipulate and agree to entry of this Consent Decree to resolve the Commission's complaint, filed under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII"), alleging that Defendant and Does 1 - 10 subjected Charging Party Chandler Srivilas and other employees to race harassment (Asian and African-American), national origin harassment (Filipino and Latino) and/or sexual harassment resulting in a hostile work environment.

I. PURPOSES AND SCOPE OF THE CONSENT DECREE

A. The parties to this Consent Decree ("Decree") are the EEOC and MAC. The scope of the injunctive relief of this Decree is MAC's Burbank facility (Mercury Air Center Burbank, Inc.), and shall be binding upon and enforceable against the officers, directors, agents, successors, and assigns of MAC's Burbank facility.

B. The parties have entered into

C. this Decree for the following purposes:

1. To provide monetary and injunctive relief;

2. To confirm and ensure that its employment practices will comply with federal law;

3. To confirm and ensure that there will be a work environment free from hostility and retaliation;

4. To provide training for Defendant's managers and employees with respect to their obligations under Title VII; and

5. To confirm and ensure that there will be a mechanism for handling discrimination complaints in the workplace in an appropriate and effective manner.

II. RELEASE OF CLAIMS

A. This Decree fully and completely resolves all issues, claims and allegations by the EEOC against MAC that are raised in the Complaint filed in this action in the United States District Court, Central District of California on September 25, 2008, captioned U.S. Equal Employment Opportunity Commission v. Mercury Air Centers, Inc. and Does 1-10; Case No. CV -08-06332 AHM (EX) (the "Complaint").

B. Nothing in this Decree shall be construed to preclude any party from bringing suit to enforce this Decree in the event that any party hereto fails to perform the promises and representations contained herein.

C. Nothing in this Decree shall be construed to limit or reduce MAC's obligation to comply fully with Title VII or any other federal employment statute.

D. This Decree in no way affects the EEOC's right to bring, process, investigate or litigate other charges that may be pending or may later arise against MAC in accordance with standard EEOC procedures.

III. JURISDICTION

A. The Court has jurisdiction over the parties and the subject matter of this lawsuit. The Complaint asserts claims that, if proven, would authorize the Court to grant the equitable relief set forth in this Decree. The terms and provisions of this Decree are fair, reasonable and just. This Decree conforms with the Federal Rules of Civil Procedure and Title VII and is not in derogation of the rights or privileges of any person.

B. The Court shall retain jurisdiction of this action during the duration of the Decree for the purposes of entering all orders, judgments and decrees that may be necessary to implement the relief provided herein.

IV. EFFECTIVE DATE AND DURATION OF DECREE

A. The provisions and agreements contained herein are effective immediately upon the date which this Decree is entered by the Court ("the Effective Date").

B. Except as otherwise provided herein, this Decree shall remain in effect for two (2) years after the Effective Date. The Decree will expire on its own terms unless the EEOC motions the Court for an extension.

V. MODIFICATION AND SEVERABILITY

A. This Decree constitutes the complete understanding of the parties with respect to the matters contained herein. No waiver, modification or amendment of any provision of this Decree will be effective unless made in writing and signed by an authorized representative of each of the parties.

B. If one or more provisions of the Decree are rendered unlawful or unenforceable, the parties shall make good faith efforts to agree upon appropriate amendments to this Decree in order to effectuate the purposes of the Decree. In any event, the remaining provisions will remain in full force and effect unless the purposes of the Decree cannot, despite the parties' best efforts, be achieved.

C. By mutual agreement of the parties, this Decree may be amended or modified in the interests of justice and fairness in order to effectuate the provisions of this Decree.

VI. COMPLIANCE AND DISPUTE RESOLUTION

A. The parties expressly agree that if the Commission has reason to believe that MAC has failed to comply with any provision of this Consent Decree, the Commission may bring an action before this Court to enforce the Decree. Prior to initiating such action, the Commission will notify MAC and its legal counsel of record, in writing, of the nature of the dispute. This notice shall specify the particular provision(s) that the Commission believes MAC has breached. Absent a showing by either party that the delay will cause irreparable harm, MAC shall have thirty (30) days to attempt to resolve or cure the breach.

B. The parties agree to cooperate with each other and use their best efforts to resolve any dispute referenced in the EEOC notice.

C. After thirty (30) days have passed with no resolution or agreement to extend the time further, the Commission may petition this Court for resolution of the dispute, seeking all available relief, including an extension of the term of the Decree, the Commission's costs incurred in securing compliance with the Decree, and any other relief the Court deems appropriate.

VII. MONETARY RELIEF

A. In settlement of this lawsuit, MAC shall pay a total of $600,000.00. Any amounts remaining after Chandler Srivilas and presently identified class members receive their share of monetary relief, shall be designated as the "Class Fund" for unidentified class members. The designation of monetary relief to the Charging Party, any identified class member, and to any unidentified class member(s) shall be made at the sole discretion of the EEOC.

B. Following Court approval of this Consent Decree, once the EEOC gives MAC a distribution list for the Charging Party and the identified class members, accompanied by an executed Release Agreement (in the form attached as Exhibit

D) for Charging Party and identified class members, MAC shall forward, via certified mail, a check to the Charging Party and any identified class members within twenty (20) business days. All amounts are to be designated as compensatory damages and no withholding will be made. MAC shall prepare and distribute 1099 tax reporting forms to the Charging Party and identified class members, and shall make appropriate reports to the Internal Revenue Service.

C. Within twenty (20) business days from the EEOC giving MAC a distribution list for the Charging Party and the identified class members, MAC shall allocate the remaining funds to fund/create the Class Fund which will be used to distribute monetary payments among all eligible class members (as defined below), all in accordance with the provisions of this Decree. The Class Fund shall be used solely to make payments to individuals who submit claims ("potential class members") and whom the EEOC determines to be eligible to receive monetary relief in this lawsuit ("class members").

Within twenty (20) business days from the EEOC giving MAC a distribution list for the Charging Party and the identified class members, MAC shall provide the EEOC with written verification of the funding/creation of this account. MAC shall be ultimately responsible for all costs and fees ...


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