Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

U.S. Equal Employment Opportunity Commission v. Marquez Brothers International, Inc.

United States District Court, E.D. California

September 17, 2019

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
MARQUEZ BROTHERS INTERNATIONAL, INC., MARQUEZ BROTHERS ENTERPRISES, INC., MARQUEZ BROTHERS FOODS, INC., MARQUEZ BROTHERS SOUTHERN CALIFORNIA, INC., MARQUEZ BROTHERS NEVADA, INC., MARQUEZ BROTHERS TEXAS I, INC., AND DOES 1-10, INCLUSIVE Defendants.

          Anna Y. Park, SBN 164242, Sue J. Noh, SBN 192134, Natalie Nardecchia, SBN 246486, Gina Carrillo, AZ SBN 030579, Andrea E. Ringer, CA SBN 307315 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Sara Smolik, MA SBN 661341 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION John F. Kennedy, Aimee L. McFerren, KY SBN 88912 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Dr. Martin Luther King, Jr. Attorneys for Plaintiff U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

          CONSENT DECREE; ORDER

         On January 11, 2017, the U.S. Equal Employment Opportunity Commission (“Commission” or “EEOC”) commenced this action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 (“Title VII”) against Defendants Marquez Brothers International, Inc., Marquez Brothers Enterprises, Inc., Marquez Brothers Foods, Inc., Marquez Brothers Southern California, Inc., Marquez Brothers Nevada, Inc., and Marquez Brothers Texas I, Inc. (individually, “Defendant” and collectively, “Defendants”) to correct alleged unlawful employment practices in hiring on the basis of race and to provide appropriate relief to a class of individuals who were allegedly denied unskilled labor positions and adversely affected by such practices at each of Defendants' facilities. EEOC also alleged that Defendants engaged in violations of Title VII's record-keeping requirements by failing to make, keep, and preserve records relevant to the determination of whether unlawful employment practices have been or are being committed and failed to file Employer Information EEO-1 Reports (“EEO-1 Reports”). Defendants deny the allegations made by EEOC.

         EEOC and Defendants enter into this Consent Decree to resolve this action and all claims asserted in EEOC's Complaint and Second Amended Complaint and to promote and effectuate the purposes of Title VII. The parties agree that this Consent Decree may be entered into without Findings of Fact and Conclusions of Law being made and entered by the Court.

         The Court finds that it has jurisdiction over the subject matter of this action and the parties for purposes of the action, entry of the Consent Decree, and all proceedings related to the Consent Decree.

         The Court will retain jurisdiction to enforce this Consent Decree and its terms for all purposes including, but not limited to, the entering of all orders, judgments, and decrees as necessary to implement the relief provided herein for the duration of this Decree.

         The Court, having examined the terms and provisions of the Consent Decree, further finds that it is reasonable, just, and in accordance with the Federal Rules of Civil Procedure and Title VII.

         The Court further finds that entry of this Consent Decree will further the objectives of Title VII and will be in the best interest of the parties, those for whom the EEOC seeks relief, and the public.

         NOW, THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:

         I. GENERAL PROVISIONS

         1. This Decree is final and binding between the Parties and resolves all claims in EEOC's Complaint and Second Amended Complaint in this case and the underlying charges of discrimination in EEOC Charge No. 485-2010-00462 and No. 846-2011-68245.

         2. 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 herein.

         3. No party shall contest the Court's jurisdiction to enforce this Decree and its terms or the right of the EEOC to bring an enforcement suit upon breach of any term of this Decree. The Court will retain jurisdiction over any such enforcement proceeding during the duration of the Consent Decree.

         4. Other than EEOC Charges Nos. 485-2010-00462 and 846-2011-68245, this Decree does not resolve any charge of discrimination currently pending before EEOC, or any charge that may be filed in the future. EEOC reserves all rights to proceed regarding matters not covered in this Decree.

         5. This Decree is being issued with the consent of the parties and represents the compromise of disputed claims that the parties recognize would require protracted and additional costly litigation to resolve. This Decree does not constitute an adjudication or finding by this Court on the merits of the allegations of the Complaint or Second Amended Complaint. Nothing contained in this Decree shall be construed as an admission of liability on the part of Defendants, or any one of them, each one of which expressly and unequivocally denies that they engaged in any pattern or practice of unlawful discrimination on the basis of race and/or national origin or violated any recordkeeping requirements set forth in Title VII.

         6. Defendant Marquez Brothers Southern California, Inc. (“MBSC”) was involved in a merger with Marquez Brothers Enterprises, Inc. (“MBE”), effective March 6, 2019, in which MBE was the surviving corporation and MBSC ceased to exist under California law.

         II. DEFINITIONS

         7. “Effective Date” shall mean the date this Decree is entered by the Court.

         8. “Staffing Agency” shall mean any third-party person or entity regularly undertaking, for compensation, the procurement of workers for one or more of the Defendants in Affected Positions or the procurement for workers opportunities to work for one or more of the Defendants in Affected Positions.

         9. “Affected Positions” shall mean the following positions: Cheese Molder, Cheese Demolder, Cheese Cutter, Cooker, Dryer Operator, Finishing Tables, General Labor, Hoop Washer, Janitor, Machine Operator, Packer/Packaging, Production, Sanitation/CIP Operator, Warehouse Laborer. Affected Positions shall also include Merchandiser and/or Order Picker if the Monitor, within the first 60 days of the Effective Date determines, based upon the written job descriptions, information provided by the parties, observation, and/or evidence received by the Monitor, that the position(s) constitute unskilled labor.

         10. “Potential Claimant” is any individual who receives notice of the settlement and claims process, including individual applicants identified by any of the Defendants, individuals identified by the EEOC, or individuals who, upon receiving notice of the settlement, believe they may have a right to make a claim.

         11. The “Monitor” shall refer to the Decree Compliance Monitor described in Paragraph 74, below.

         12. “Best Efforts, ” shall mean that each Defendant that has workers in the Affected Positions in a Subject Facility has complied in good faith with the provisions of this Decree concerning training, hiring practices, selection of Staffing Agencies, communications with Staffing Agencies, and responsibilities with respect to the Monitor.

         13. “Subject Facilities” shall include those Marquez Brothers International, Inc. facilities located in California with individuals working in the Affected Positions. “Subject Facilities” shall also include any other Defendant's facility or facilities that has fifteen (15) or more individuals working in the Affected Positions in any calendar year during the term of the Decree.

         III. SCOPE AND DURATION

         14. The provisions and agreements contained herein are effective immediately upon the date that this Decree is entered by the Court (“Effective Date”).

         15. This Decree shall remain in effect for three (3) years after the Effective Date.

         16. This Decree will not expire while any enforcement action concerning this Decree is pending before the Court.

         17. The Court retains jurisdiction over this action during the duration of this Decree and will have all available powers to enforce this Decree, including but not limited to monetary sanctions, injunctive relief, and extension of the term of the Decree. The matter may be administratively closed but will not be dismissed during the duration of the Decree

         IV. MODIFICATION AND SEVERABILITY

         18. This Decree constitutes the entire agreement and commitments 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 and approved by the Court.

         19. If any provision(s) of this Decree are found to be unlawful, 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, only such provision(s) found to be unlawful shall be severed, and the remainder of the Decree shall remain in full force an effect.

         V. INJUNCTION

         20. Each Defendant, its officers, agents, management (including all supervisory personnel), successors, assigns, and all those in active concert or participation with them, or any of them, are hereby enjoined from engaging in any employment practice that results in the failure to hire and/or denial of employment opportunities in the Affected Positions at a Subject Facility to any individual on the basis of race and/or national origin.

         21. Each Defendant, its officers, agents, management (including all supervisory personnel), successors, assigns, and all those in active concert or participation with them, or any of them, are hereby enjoined from engaging in, implementing, or permitting any action, policy, or practice with the purpose of retaliating against any applicant, current employee, or former employee of any Defendant or its successors, or either of them, because he or she has in the past, or during the term of this Decree, (a) opposed any practice made unlawful under Title VII; (b) filed a charge of discrimination alleging such practice; (c) testified or participated in any manner in any investigation (including, without limitation, any internal investigation undertaken by Defendants or their successors) or proceeding in connection with this action, or relating to any claim of a Title VII violation; (d) was identified as a possible witness or claimant in this action; (e) asserted any rights under this Decree; or (f) sought and/or received any relief in accordance with this Decree.

         22. Each Defendant, its officers, agents, management (including all supervisory personnel), successors, assigns, and all those in active concert or participation with it, or any of them, are hereby enjoined from failing to keep, preserve, and retain all placement and hiring related materials with respect to Affected Positions at Subject Facilities (e.g., all applications, resumes, letters from prospective applicants, written inquiries concerning opportunities for work, correspondence with potential applicants or Staffing Agencies concerning opportunities for work, job postings, applicant evaluations, notes concerning applications for employment, and information regarding individuals placed or referred for work in Affected Positions at a Subject Facility with a Defendant by Staffing Agencies) for the duration of this Decree. All such materials must be retained in their original form or in an accessible electronic format.

         23. Each Defendant, its officers, agents, management (including all supervisory personnel), successors, assigns, and all those in active concert or participation with it, or any of them, are hereby enjoined from failing to file annual Employer Information EEO-1 Reports (“EEO-1 Reports”) as required by law during the term of this Decree.

         VI. MONETARY RELIEF

         24. Defendants will pay a total of $2, 000, 000 (“Gross Sum”) into a Qualified Settlement Fund (“QSF”) as part of the resolution of this litigation. The money paid into the QSF shall be distributed to aggrieved individuals and paid into the fund on the schedule described herein. The money in the QSF may be held in a high-yield, interest-bearing account and any interest earned on such account shall be used to pay the costs of administration of the QSF including the administrator's fees.

         25. Other than as required by the terms of this Decree, the EEOC retains discretion to determine who is an aggrieved individual for purposes of making a claim on the QSF and to determine the amount of any award issued from the QSF.

         VII. CLAIMS PROCESS

         26. Within thirty (30) days of the Effective Date, Defendants shall hire and appoint a specific professional individual or organization (“Claims Administrator”), approved by the EEOC, to oversee notice of the claims process and payments to claimants as designated by the EEOC. If the Claims Administrator initially appointed by Defendants thereafter declines to serve or to carry out its duties under this Decree, Defendants shall have fourteen (14) days to notify the EEOC in writing of the need for a replacement Claims Administrator and shall provide the EEOC with the name of a new Claims Administrator for approval by the EEOC.

         27. Subject to the provisions of paragraph 24 above, Defendants shall pay all costs associated with the selection and retention of the Claims Administrator as well as the performance of the Claims Administrator's duties under this Decree.

         28. Within sixty (60) days of the Effective Date, each Defendant shall provide, to the extent such information is available, the Claims Administrator and the EEOC an Excel file containing the names of all individuals who sought employment for an Affected Position with such Defendant, but was not hired, at any time between January 1, 2010 and the Effective Date. For each individual identified, each Defendant shall provide, if known, the individual's ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.