The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge
Plaintiff U.S. Equal Employment Opportunity Commission ("Commission" or "EEOC") brought this lawsuit 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 retaliation and to make whole Audel Mendoza, who was aggrieved by the alleged unlawful practices. Plaintiff EEOC alleged that defendant California Psychiatric Transitions, Inc. ("CPT" or "the Company") unlawfully retaliated against Mr. Mendoza by discharging him. The Company denies the allegations.
In the interest of resolving this matter and as a result of having engaged in comprehensive settlement negotiations, the Commission and Defendant (hereinafter referred to as "the Parties") have agreed that the above-captioned lawsuit (the "Lawsuit") should be finally resolved by entry of this Consent Decree. This Consent Decree shall not constitute an adjudication of and/or a finding on the merits of the Lawsuit.
This Consent Decree resolves all claims arising out of EEOC Charge No. 370-2005-01837 and the complaint filed in the Lawsuit, and constitutes a complete resolution of all claims of retaliation under Title VII that were made or could have been made by the Commission in this Lawsuit. This Consent Decree also resolves all claims for attorneys' fees and costs that were made or could have been made by either of the Parties in this Lawsuit. This Consent Decree does not, however, resolve any future charges or charges that may be pending with the EEOC other than the charge and complaint specifically referenced in this paragraph.
This Consent Decree comprises the full and exclusive agreement of the Parties with respect to the matters discussed herein. No waiver, modification or amendment of any provision of this Consent Decree shall be effective unless made and approved in writing by all the Parties to this Consent Decree, and any substantive change, modification or amendment of any provision of this Consent Decree shall also require approval by the Court.
The Court has reviewed this Consent Decree in light of the pleadings, the record herein, and now approves this Consent Decree. THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
1. This Court has jurisdiction over the subject matter and the Parties to this Lawsuit. This Court will retain jurisdiction over this Consent Decree for the purpose of enforcement of the Consent Decree until the expiration of Defendants' obligations as set forth herein.
2. This Consent Decree is final and binding upon the Parties, their successors and assigns.
3. Each Party shall be responsible for its own costs and attorneys' fees.
CPT'S ONGOING OBLIGATIONS UNDER EXISTING CONSENT DECREE
4. The Parties expressly acknowledge that CPT is subject to a Consent Decree in connection with EEOC v. California Psychiatric Transitions, Inc., Case No. 1:06-CV-01251-OWWGSA (E.D. Cal. 2006), which Consent Decree contains, among other things, provisions (1) enjoining CPT from retaliating against former and current employees, and (2) requiring training on Title VII's anti-retaliation provisions.
GENERAL INJUNCTIVE RELIEF
5. Retaliation: The Company its officers, agents, managers (including supervisory employees), successors and assigns, shall not engage in, implement or permit any action, policy or practice with the purpose of retaliating against Audel Mendoza or any current or former employee of the Company because he or she has in the past, or during the term of this Consent Decree (a) opposed any practice of harassment or other discriminatory acts on the basis of sex made unlawful under Title VII; (b) filed a Charge of Discrimination alleging any such practice; (c) testified or participated in any manner in any investigation into claims of harassment or other discriminatory acts (including, without limitation, any internal investigation undertaken by the Company), proceeding or hearing in connection with this Lawsuit; (d) ...