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U.S. Equal Employment Opportunity Commission v. First Student

February 4, 2011

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, CONSENT DECREE;
PLAINTIFF,
v.
FIRST STUDENT, INC., DOES 1 - 10, DEFENDANTS.



The opinion of the court was delivered by: The Hon. Manuel REALUnited States District Court Judge

JS -6

ORDER

I.

INTRODUCTION

Plaintiff U.S. Equal Employment Opportunity Commission (the "EEOC" or "Commission") and Defendant First Student, Inc. (referred to as "First Student" or "Defendant") agree to the entry of this Consent Decree to resolve the EEOC's Complaint, filed under Title VII of the Civil Rights Act, as amended, 42 U.S.C. section 2000e et seq. ("Title VII"). The EEOC's complaint alleges that Shanita Rogers, hereafter referred to as the "Charging Party," and other similarly situated individuals were subject to unlawful employment practices on the basis of their sex (female). The complaint alleges that Charging Party and others were subjected to sexual harassment in violation of Title VII during their employment with Defendant. The Commission's complaint further alleges that the Charging Party and others were retaliated against after complaining about the harassment.

II.

PURPOSES AND SCOPE OF THE CONSENT DECREE

A. The Parties to this Consent Decree ("Decree") are the EEOC and Defendant. This Decree shall be binding on and enforceable against Defendant and its officers, directors, agents, successors, and assigns.

B. The Parties have entered into the Decree for the following purposes:

1. To provide monetary and injunctive relief;

2. To ensure that Defendant's employment practices comply with federal law;

3. To ensure a work environment free from sex-based harassment and retaliation subsequent to any complaint of harassment;

4. To ensure training for Defendant's managers and employees with respect to the law against sex-based discrimination, harassment and any subsequent retaliation;

5. To ensure the provision of an appropriate and effective mechanism for handling complaints of sex-based discrimination, harassment and/or retaliation in the workplace; and

6. To avoid expensive and protracted costs incident to this litigation.

III.

DEFINITIONS

For purposes of this Decree the following definitions shall apply unless specifically indicated otherwise:

1. "EEOC" shall mean the U.S. Equal Employment Opportunity Commission.

2. "Defendant" shall mean First Student, Inc.

3. "Lawsuit" shall mean the complaint filed by EEOC against Defendant in the United States District Court, Central District of California on September 30, 2009, captioned U.S. Equal Employment Opportunity Commission v. First Student, Inc., et al., Case No. CV 09-7102-R (VBKx).

4. "Decree" shall mean this Consent Decree and Order.

5. "Covered locations" shall mean Defendant's locations in Los Angeles County and Orange County (Tustin, Avalon, East San Gabriel, LA Training Center, Del Amo, St. Andrews, Pasadena, Santa Ana, Saddleback, San Fernando, and any other locations established in those counties during the term of the decree).

6. "Employee" or "employees" shall mean only those employees employed by Defendant at a covered location.

7. "Consultant" shall mean the individual designated to assist Defendant in complying with the provisions of this Decree as described in Part X and XI of this Decree. ////

8. "Effective date" shall mean the date on which this Decree is entered by the Court.

9. "Term" shall refer to the period from the effective date through and including December 31, 2012.

10. "Magistrate Judge" shall refer to Magistrate Judge Margaret

A. Nagle.

11. "Complaint" shall mean any verbal or written allegation of sexual / sex-based discrimination, harassment, and/or retaliation for making a complaint or being involved in the investigation of a complaint made by any employee at a covered location.

IV.

RELEASE OF CLAIMS

A. This Decree fully and completely resolves between Defendant and the EEOC all claims that are raised by the EEOC against Defendant in the lawsuit.

B. Nothing in this Decree shall be construed to preclude any party from bringing suit to enforce this Decree in accordance with Part VIII of this Decree.

C. Nothing in this Decree shall be construed to limit or reduce Defendant'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 investigate or litigate other charges that may be in existence or may later arise against Defendant in accordance with standard EEOC procedures.

E. This Decree is intended to resolve disputed claims and is not an adjudication or finding that First Student has violated Title VII or any other federal employment statute. First Student denies that it has engaged in any violations of Title VII or any other federal employment statute and First Student's agreement to enter into this Decree is not intended to and should not be construed as an admission by First Student of any violation or liability for the claims alleged.

V.

EFFECTIVE DATE AND DURATION OF DECREE

A. The provisions and agreements contained here are effective immediately upon the date this Decree is entered by the Court.

B. The Decree shall remain in effect through December 31, 2012.

VI.

MODIFICATION AND ...


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