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U.S. Equal Employment Opportunity Commission v. Sutter Transfer Service

November 27, 2012

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, PLAINTIFF,
v.
SUTTER TRANSFER SERVICE, INC. AND FIVEWAY, LLC, DEFENDANTS.



CONSENT DECREE

Plaintiff U.S. Equal Employment Opportunity Commission (hereinafter "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 race (African American) and to make whole Charging Party Lonnie Winstead and Claimant Jamie Jenkins who alleged unlawful employment practices. Plaintiff EEOC alleged that Defendants Sutter Transfer Service, Inc. (hereinafter "STS") and Fiveway, LLC (hereinafter "Fiveway") unlawfully subjected Mr. Winstead and Mr. Jenkins to a hostile work environment. Defendants specifically deny the allegations of Mr. Winstead and Mr. Jenkins.

In the interest of resolving the lawsuit and as a result of having engaged in comprehensive settlement negotiations, the Commission, STS, and Fiveway (hereinafter referred to as "the Parties") have agreed that the lawsuit should be finally resolved by entry of this Consent Decree. This Consent Decree shall not constitute an adjudication and/or a finding on the merits of the lawsuit, and it cannot be used in any other proceeding as proof that Defendant engaged in prior discrimination. The parties have entered into this Decree in order to end this litigation and this Decree shall not be construed or otherwise used as an admission of wrong doing.

This Consent Decree only resolves all claims arising out of EEOC Charge No. 37A-2009-09382 and the First Amended Complaint filed in the lawsuit, and constitutes a complete resolution of all claims of race discrimination under Title VII that were made or could have been made by the Commission in this lawsuit.

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 in writing and approved by all the Parties to this 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:

I. GENERAL PROVISIONS

A. This Court has jurisdiction over the subject matter and the Parties to this lawsuit. This Court will retain jurisdiction over this Decree for all purposes until the expiration of Defendants' obligations as set forth herein.

B. This Consent Decree is final and binding upon the Parties, their successors, and assigns.

C. Each party will bear its own costs and attorneys' fees.

D. This Consent Decree shall be considered a settlement of all claims which were, or could have been, asserted by the EEOC in this lawsuit. Upon satisfaction of the terms set forth in this Consent Decree, the EEOC releases and discharges all rights and claims, known and unknown, which it had, or may have against Defendants, and all of their employees, agents, related corporations, subsidiaries, assigns or successors, that arise from or are related to EEOC Charge No. 37A-2009-09382.

II. GENERAL INJUNCTIVE RELIEF: NON-DISCRIMINATION AND NON-RETALIATION

A. Consistent with Sections 703 of Title VII, 42 U.S.C. §2000e-2, STS and Fiveway, and their officers, agents, managers (including supervisory employees), successors, and assigns, are enjoined from engaging in any employment practice which discriminates on the basis of race.

B. Consistent with Sections 704 of Title VII, 42 U.S.C. §2000e-3(a), STS and Fiveway, and their officers, agents, managers (including supervisory employees), successors, and assigns, are enjoined from engaging in retaliatory conduct.

III. MONETARY RELIEF

A. In settlement of the EEOC's claims of employment discrimination alleged in the Complaint, Defendants STS and Fiveway shall pay monetary relief to Mr. Lonnie Winstead and Mr. Jamie Jenkins in the gross amount of $30,000 (thirty thousand dollars) ("Settlement Sum"). The Settlement Sum represents compensation for emotional distress, pain, and suffering.

B. The Settlement Sum shall be paid as follows:

1. No later than December 1, 2012, Defendants STS and Fiveway shall pay Mr. Winstead the first installment of $5,000 (five thousand dollars) and Mr. Jenkins the first installment of $5,000 (five thousand dollars).

2. Beginning on January 1, 2013, and continuing on the first (1st) day of every month for a period of twenty (20) months, Defendants STS and Fiveway shall issue a payment in the amount of $750 to Mr. Winstead and a payment in the amount of $250 to Mr. Jenkins until the remaining $20,000 balance of the Settlement Sum has been paid in full. The installment check and every check thereafter shall be mailed to Mr. Winstead and Mr. Jenkins at addresses provided by the EEOC. In the discretion of Defendants, payments may be made earlier. Mr. Winstead and Mr. Jenkins shall not be entitled to their individual installment payments until Defendants have received a signed copy of their individual Release Agreement; however, one individual's failure to sign and return the Release Agreement shall not affect the other individual's entitlement to his settlement payment.

C. In the event of default by non-payment of any installment when due, with five (5)-day grace thereunder and notice as set forth in Paragraph V.A., the EEOC shall have the right to declare all the remaining installments, and each of the same, immediately due and payable, declare the total sum due, and proceed to enforce any and all rights and remedies under this Consent Decree.

D. Defendants STS and Fiveway shall pay the settlement amounts to Mr. Winstead and Mr. Jenkins by check, cashier's check, or money order, in accordance with Paragraph III. B. of this Decree. In 2012, 2013, and 2014, Defendants shall issue a United States Internal Revenue Service Form 1099 to Mr. Winstead and Mr. Jenkins for payments made in the calendar year. Each amount paid as part of the Settlement Sum shall be designated by Defendants STS and Fiveway as "other income" on IRS Form 1099. Defendants STS and Fiveway shall mail photocopies of each installment check, the IRS forms, and related correspondence to EEOC's counsel of record, Sirithon Thanasombat, Trial Attorney for the U.S. Equal ...


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