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Equal Employment Opportunity Commission v. Abm Industries

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


June 28, 2011

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
PLAINTIFF,
v.
ABM INDUSTRIES, INC. DBA ABM JANITORIAL SERVICES -- NORTHERN CALIFORNIA
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Lucy H. Koh

Complaint Filed: September 29, 2010

CONSENT DECREE

I. INTRODUCTION

Plaintiff United States Equal Employment Opportunity Commission ("EEOC" or "Commission") filed this suit on behalf of Charging Party Alma Martinez, alleging that her 4 employer Defendant ABM Janitorial Services -- Northern California, ("ABM") subjected her to 5 harassment and a retaliatory employment discharge due to her activities protected by Title VII of 6 the Civil Rights Act of 1964 ("Title VII") and Title I of the Civil Rights Act of 1991. Defendant

ABM has denied the above allegations. The Commission and ABM now seek to resolve this action 8 without the expenditure of additional resources and expenses in contested litigation. They enter 9 into this Consent Decree to further the objectives of equal employment opportunity as set forth in The Court has reviewed this Consent Decree in light of the pleadings, the record herein, the applicable law, and now approves this Consent Decree.

This Consent Decree is not an adjudication or finding on the merits of this case and shall not be construed as an admission of a violation of Title VII by ABM.

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. claim against ABM in this action. assigns.

Title VII. 11

II. NON-ADMISSION OF LIABILITY

III. GENERAL PROVISIONS

2. This Consent Decree constitutes a full and final resolution of the Commission's

3. This Consent Decree will become effective upon its entry by the Court.

4. This Consent Decree is final and binding upon the parties to it, their successors and

5. Each party shall bear its own costs and attorney's fees in this action.

IV. GENERAL INJUNCTIVE RELIEF

participation with them shall comply with all requirements of Title VII with respect to providing a 28 workplace free of harassment on the basis of sex.

ABM and its current officers, agents, employees and all persons in active concert or participation with them shall comply with all requirements of Title VII with respect to providing a 3 workplace free of retaliation. participation with them shall not retaliate against any employee or former employee for having 6 testified or participated in any manner in the Commission's investigation and the proceedings in 7 this case.

ABM has provided two-hour training sessions on Title VII to all of its management employees on January 31, February 1, February 7, and February 8, 2011. Said training included 11 what a manager or supervisor should do when an employee complains about sexual and national 12 origin harassment or retaliation, how to investigate such complaints, and the obligations of 13 managers and supervisors not to retaliate against employees who make such complaints.

. ABM shall mail to counsel for the Commission a report containing the date of the training, a list of all attendees including their job titles, and copies of all materials distributed at 16 the training. Semi-annually, for the duration of this Consent Decree, ABM shall submit copies of any complaints of sex discrimination, sex harassment or retaliation, including their resolution, to 19 the Commission's attorney. employment reference. attached hereto as Exhibit A, regarding the terms of this Consent Decree in a clearly visible 24 location at ABM's San Jose office. Within five (5) days of the entry of this Consent Decree, ABM shall pay the sum of $15,000.00 to Alma Martinez as compensatory damages and in satisfaction of the Commission's 28 claims against Defendant ABM as set forth in its Complaint. This sum will be paid by check ABM and its current officers, agents, employees and all persons in active concert or ABM and its current officers, agents, employees and all persons in active concert or

V. SPECIAL INJUNCTIVE RELIEF

Defendant ABM shall provide Charging Party Alma Martinez with a neutral For the duration of this Consent Decree, Defendant ABM shall post a Notice,

VI. MONETARY RELIEF

directly to Ms. Martinez, and will be sent to her via certified mail, at the address to be provided to

ABM by the Commission. A copy of said check and its transmittal letter will be sent to the . ABM shall cause to be issued an IRS Form 1099-misc to Alma Martinez for the monetary relief paid.

. This Consent Decree constitutes a full and final resolution of all the Commission's claims against ABM in this action. This Consent Decree will expire two (2) years after its entry, 9 provided that ABM has substantially complied with the terms of this Consent Decree. ABM will 10 be deemed to have complied substantially if the Court has not made any findings or orders during 11 the term of the Consent Decree that ABM has failed to comply with any of the terms of this Decree.

On behalf of Plaintiff EEOC On behalf of Defendant ABM Industries, Inc.

U. S. EQUAL EMPLOYMENT OGLETREE, DEAKINS, NASH, SMOAK & OPPORTUNITY COMMISSION STEWART, P.C. 21

William R. Tamayo Douglas J. Farmer

Jonathan T. Peck ABM Janitorial Services -- Northern California

/s/ Raymond T. Cheung Commission's counsel at the San Francisco District Office. 4

VII. EXPIRATION OF CONSENT DECREE 7

E-filing Certification: I Raymond T. Cheung, counsel for EEOC, certify that I have obtained the concurrence of Douglas J. Farmer and Sarah R. Nichols, counsels for Defendant

ABM Industries, Inc. dba ABM Janitorial Services -- Northern California for the filing of this

Consent Decree.

Date: June 17, 2011

Date: June 17, 2011 /s/ Attorneys for Defendant 24 Attorneys for Plaintiff EEOC

It is so ordered.

Hon. Lucy H. Koh UNITED STATES DISTRICT COURT JUDGE

NOTICE TO EMPLOYEES: This Notice has been posted pursuant to the settlement of a Title VII law suit involving allegations of sexual and national origin harassment and retaliation: EEOC v. ABM Industries, Inc., Northern District of California, Case No. C-10-04385 LHK. The settlement terms are contained in a document called a "consent decree" approved by the court. This Notice shall remain posted until [two years from the entry of the consent decree by the court.]

The consent decree provides that ABM Industries, Inc. will provide anti-discrimination training to all management employees, the posting of this notice, and reporting to United States Equal Employment Opportunity Commission of any reports of discrimination.

Title VII makes it unlawful for any covered employer to discriminate against any employees because of their gender or national origin or subject them to harassment because of their gender. Title VII also prohibits employers from retaliating against anyone who complains of discriminatory practices covered by Title VII, or who participated in the investigation of a charge or complaint of discrimination.

Any company employee who believes that he or she has been the subject of harassment or retaliation or has a similar work-related complaint, concern or problem should bring it immediately to the attention of their immediate supervisor, manager, or other management official, including the owners of this company.

The EEOC is the federal government agency responsible for enforcing national laws prohibiting employment discrimination. Further information about the EEOC can be found on its website at: http://www.eeoc.gov or by calling (866) 408-8075; TDD (415) 625-5610.

June 28, 2013

20110628

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