U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
HOSPITAL HOUSEKEEPING SYSTEMS OF HOUSTON, INC., et al., Defendants.
FINDINGS AND RECOMMENDATIONS ENTERING JUDICIAL DECREE AND JUDGMENT
BARBARA A. McAULIFFE, Magistrate Judge.
Pursuant to Federal Rules of Civil Procedure 54 and 58, having considered the proposed consent decrees by each party, Plaintiff the United States Equal Employment Opportunity Commission ("EEOC" or "Commission") and Defendants Hospital Housekeeping Systems, Inc.'s and Hospital Housekeeping Systems, LLC's (collectively "Defendants" or "HHS"), as well as the terms of the oral settlement agreement on the record, and having resolved all disputed language, the Court RECOMMENDS a Judicial Decree and Judgment BE ORDERED, ADJUDGED AND DECREED reflecting the resolution of the parties' proposed consent decrees as follows.
RECOMMENDED TERMS OF THE JUDICIAL DECREE AND JUDGMENT
This Judicial Decree and Judgment ("Decree") represents the Court-enforced settlement agreement between Plaintiff EEOC and Defendants HHS (collectively, the "Parties) resolving the Commission's complaint against Defendants in U.S. Equal Employment Opportunity Commission v. Hospital Housekeeping Systems, Ltd., et al., Case No. 1:11-CV-1658 LJO-BAM (the "Action"). On September 28, 2011, the EEOC filed this Action in the United States District Court, Eastern District of California, for violations of the Americans with Disabilities Act of 1990 ("ADA") and Title I of the Civil Rights Act of 1991. The Action alleges Defendants discriminated against Claimant/Real Party in Interest Angelica Jaime Cece by terminating Ms. Cece and denying her a reasonable accommodation because of an actual or perceived disability. Defendants deny and dispute all allegations asserted by the EEOC in this Action, and also deny and dispute any liability and damages asserted by the EEOC.
I. PURPOSES AND SCOPE OF THE DECREE
The EEOC and Defendants (collectively, the "Parties") agree that this Action should be fully and completely resolved by entry of this Decree. This Decree shall be binding on and enforceable against Defendants and their officers and managers.
II. RELEASE OF CLAIMS
A. This Decree fully and completely resolves all issues, claims and allegations raised by the EEOC against Defendants in this Action. This Decree shall be binding on and enforceable against Defendants and their parents, subsidiaries, officers, directors, agents, successors (defined as any corporate entity that acquires HHS, and does not include a Company that replaces HHS as a vendor providing housekeeping services to a hospital and does not prohibit HHS's ability to voluntarily withdraw from any housekeeping contract), and assigns.
B. Nothing in this Decree shall be construed to preclude any party from bringing suit to enforce this Decree in the event that any party hereto fails to perform the promises and representations contained herein.
C. Nothing in this Decree shall be construed to limit or reduce Defendants' obligation to comply fully with the ADA or any other federal employment statute.
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 Defendants in accordance with standard EEOC procedures.
A. The Court has jurisdiction over the Parties and the subject matter of this Action.
B. This Decree conforms with the Federal Rules of Civil Procedure and the ADA, and is not in derogation of the rights or privileges of any person.
C. The Court shall retain jurisdiction of this action during the duration of the Decree for the purposes of entering any order, judgment, or decree that may be necessary to implement the Decree.
IV. EFFECTIVE DATE AND DURATION OF DECREE
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. Except as otherwise provided herein, this Decree shall remain in effect for three (3) years after the Effective Date.
V. MODIFICATION AND SEVERABILITY
A. This Decree constitutes the complete understanding of the Parties with respect to the matters contained herein. No waiver, modification, or amendment of any provision of this Decree will be effective unless made in writing and signed by an authorized representative of each of the Parties.
B. If one or more of the provisions of the Decree are rendered unlawful or unenforceable, the parties shall make good faith efforts to agree upon appropriate amendments to this Decree in order to effectuate the purposes of the Decree. In any event, the remaining provisions will remain in full force and effect unless the purposes of the Decree cannot, despite the Parties' best efforts, be achieved.
C. By mutual agreement of the Parties, this Decree may be amended or modified in the interests of justice and fairness in order to ...