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U.S. Equal Employment Opportunity Commission v. McDonald's Restaurants of California, Inc.

United States District Court, Ninth Circuit

December 20, 2013

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
MCDONALD'S RESTAURANTS OF CALIFORNIA, INC., Defendant.

Anna Y. Park, CA SBN 164242, UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Los Angeles, CA, Attorneys for Plaintiff.

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Michael J. Gray, IL Bar No. 6210880, Jonathan M. Linas, IL Bar No. 6290055, JONES DAY, Chicago, Illinois. Attorneys for Defendant MCDONALD'S RESTAURANTS OF CALIFORNIA, INC.

CONSENT DECREE AND ORDER

ANTHONY W. ISHII, Senior District Judge.

I. INTRODUCTION

Plaintiff U.S. Equal Employment Opportunity Commission ("EEOC") and Defendant McDonald's Restaurants of California, Inc. ("Defendant") stipulate and agree to entry of this consent decree and order ("Decree") to resolve the EEOC's complaint against Defendant in U.S. Equal Employment Opportunity Commission v. McDonald's Restaurants of California, Inc., Civil Case No. 1:13-cv-02065-AWI-SAB (the "Action") filed in the Eastern District of California.

On December 18, 2013, EEOC brought this Action against Defendant pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. ยง 2000e et seq. ("Title VII"). In the Action, the EEOC alleged that Defendant discriminated against its former employee, Charging Party Shaheed Khan, by denying him reasonable accommodation and by constructive discharge on the basis of religion, Islam, in violation of section 703(a)(1) of Title VII.

II. PURPOSES AND SCOPE

A. This Decree is made and entered into by and between the EEOC and Defendant (collectively the "Parties").

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

1. To avoid the expense, delay, and uncertainty that would result from continued litigation;

2. To provide appropriate monetary and injunctive relief;

3. To ensure Defendant's employment practices comply with Title VII, including its prohibition against religious discrimination;

4. To ensure that Defendant's managers, supervisors, and employees are given effective training of their obligations under Title VII with an emphasis on providing reasonable accommodation(s) to employees because of their religion;

5. To ensure that Defendant provides reasonable to employees because of their religion; and

6. To ensure that Defendant provides a workplace free from retaliation.

III. RELEASE OF CLAIMS

A. This Decree fully and completely resolves all issues, claims, and allegations raised or that could have been raised in EEOC Charge No. 370-2006-00193 and the complaint filed on December 18, 2013 by the EEOC in U.S. Equal Employment Opportunity Commission v. McDonald's Restaurants of California, Inc., Civil Case No. 1:13-cv-02065-AWI-SAB. The EEOC shall not bring any other action or other proceeding against Defendant or its employees arising out of EEOC Charge No. 370-2006-00193 or the complaint in this Action.

B. Nothing in this Decree shall be construed to preclude the EEOC from moving to enforce this Decree in the event that Defendant fails to comply with the promises or representations contained herein.

C. Nothing in this Decree shall be construed to limit or reduce Defendant's obligation to comply with Title VII or any other federal law.

D. This Decree in no way affects the EEOC's right to bring, process, investigate, or litigate other charges that may be in existence or may later arise against Defendant in accordance with standard EEOC procedures, except for any claims contained in EEOC Charge No. 370-2006-00193 and the complaint in this Action.

E. It is understood and agreed by the parties that the execution of this Consent Decree by the parties, and its entry by the Court, shall not constitute an adjudication or findings on the merits of this Action and shall not be an admission of liability or wrongdoing by Defendant with regard to the claims asserted in EEOC Charge No. 370-2006-00193 or this Action.

IV. JURISDICTION AND FINDINGS

A. The Court has jurisdiction over the Parties and the subject matter of Action. The complaint in this Action asserts claims that, if proven, would authorize the Court to grant the equitable relief set forth in this Decree.

B. The terms and provisions of this Decree are fair, reasonable, and just.

C. This Decree conforms to the Federal Rules of Civil Procedure and Title VII and does not derogate the rights or privileges of any person.

D. The Court shall retain jurisdiction over this Action during the duration of the Decree for the purpose of entering any order, judgment, or decree that may be necessary to implement the relief provided herein.

V. EFFECTIVE DATE AND DURATION

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. The obligations of Defendant included in this Decree shall remain in effect for two (2) years after the Effective Date. In the event that the EEOC proves that Defendant has not complied with the Decree, the duration of this Decree may be ...


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