United States District Court, E.D. California
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
TUCOEMAS FEDERAL CREDIT UNION, Defendant.
Y. Park, CA SBN 164242 Sue J. Noh, CAS BN 192134 Rumduol
Vuong, CA SBN 264392 U.S. EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION, James R. Mugridge, CA SBN 292803 U.S. EQUAL
EMPLOYMENT OPPORTUNITY COMMISSION Attorneys for Plaintiff
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
CONSENT DECREE; PROPOSED
Honorable Anthony W. Ishii, United States District Court
U.S. Equal Employment Opportunity Commission (the
"EEOC" or "Plaintiff) and Defendant Tucoemas
Federal Credit Union, ("Tucoemas" or
"Defendant") hereby stipulate' and agree to
entry of this Consent Decree (the "Decree") to
fully and finally resolve Plaintiffs complaint against
Defendant in U.S. Equal Employment Opportunity Commission
v. Tucoemas-Federal Credit Union; Case No.
1:19-cv-00986-AWI-SKO (the "Action"). On July 17,
2019, Plaintiff filed this Action in the United States
District Court, Eastern District of California, for
violations of Title VII, as amended, 42 U.S.C.
§ 2000e et. seq., and the Age Discrimination in
Employment Act ("ADEA"), 29 U.S.C. § 621
et, seq. The Action alleges that Defendant
discriminated against Charging Parties Cindy Summers, Sherry
Belcher, and Cynthia Seymour (collectively the
"Claimants") on the basis of gender and age, and
retaliated against Charging Parties Sherry Belcher and
Cynthia Seymour for having filed a charge of discrimination.
AND SCOPE OF THE CONSENT DECREE
Decree is made and entered into by and between the EEOC and
Defendant and shall be binding on and enforceable against
Defendant, as well as its officers, directors, agents,
successors and assigns. Collectively, the EEOC and Defendant
are referred to herein as the "Parties."
Parties have entered into this Decree for the following
purposes: To achieve a final resolution of the above entitled
contested matter and avoid the expense of protracted
litigation and the uncertainty of outcomes associated with
any contested litigation.
scope of this Decree includes the following:
1. Monetary and injunctive relief; and
2. To reaffirm the Defendant's commitment to (i)
effecting employment practices in compliance with federal
law; (ii) ensuring a work environment free from
discrimination and retaliation; (iii) ensuring training for,
Defendant's employees with respect to the pertinent laws
regarding sex discrimination, age discrimination, and
retaliation; and (iv) ensuring appropriate recording keeping,
reporting, and monitoring as set forth more particularly
Decree will be implemented by Defendant on a company-wide
Court shall retain jurisdiction over this matter for the
duration of this Consent Decree.
Decree folly and completely resolves all issues, claims and
allegations that were or could have been raised by the EEOC
against Defendant in this Action.
Nothing in this Decree shall be construed to limit or reduce
Defendant's obligation to comply fully with Title VII,
the ADEA, or any other federal employment statute.
Nothing in this Decree shall be construed to preclude the
EEOC from bringing suit to enforce this Decree in the event
that any party fails to perform the promises and
representations contained herein.
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 with the exception of any other
charges arising from or related to the selection process for
the CEO position in 2017.
Court has jurisdiction over the Parties and the subject
matter of this litigation. See 42 U.S.C.
§§ 2000e-5(f)(1) and (3); 29 U.S.C. § 626(b).
The Action asserts claims that, if proven, would authorize
the Court to grant the equitable relief set forth in this
Decree. The terms and provisions of this Decree are fair,
reasonable and just. This Decree conforms with the Federal
Rules of Civil Procedure, the ADEA, and Title VII and is not
in derogation of the rights or privileges of any person.
Court shall retain jurisdiction of this action during the
duration of the Decree for the purposes of entering all
orders, judgments and decrees that may be necessary to
implement the relief provided herein.
DATE AND DURATION OF DECREE
provisions and agreements contained herein are effective
immediately upon the date which this Decree is entered by the
Court (the "Effective Date").
Except as otherwise provided herein, this Decree shall remain
in effect for three (3) years after the Effective Date. If,
after when the decree has been in effect for two years,
Defendant has conducted all required training, has provided
all documents required to be produced to the Monitor, has
implemented an age and sex discrimination policy that
complies with the law and the terms of this decree, and has
had no meritorious claims of age or sex discrimination
alleged against it during the term of the Decree, the Decree
shall terminate. The EEOC shall determine whether a claim of
discrimination is meritorious. If the Commission determines
that a claim is meritorious and Defendant disputes that
finding, the Monitor shall resolve the dispute. The
Monitor's determination shall be final and not subject to
review for purposes of determining the two or three year
duration of this Consent Decree pursuant to this Paragraph
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.
one or more provisions of the Decree are rendered unlawful or
unenforceable, the Parties shall make good faith efforts to
agree upon appropriate amendments 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.
mutual agreement of the Parties, this Decree may be amended
or modified in the interests of justice and fairness in order
to effectuate the provisions herein.
AND DISPUTE RESOLUTION
Parties expressly agree that if the EEOC has reason to
believe that Defendant has failed to comply with any
provision of this Consent Decree, the EEOC may bring an
action before this Court to enforce the Decree. Prior to
initiating such action, the EEOC will notify Defendant and/or
its/their legal counsel of record, in writing, of the nature
of the dispute. This notice shall specify the particular
provision(s) that the EEOC believes Defendant breached.
Unless the EEOC determines that the delay will cause
irreparable harm, Defendant shall have thirty (30) days to
attempt to resolve or cure any non-monetary breach and shall
have five (5) days to attempt to resolve or cure-any monetary
Parties agree to cooperate with each other and use their best
efforts to resolve any dispute referenced in the EEOC notice.
After thirty (30) days have passed with respect to any
non-monetary breach, or five (5) days have passed with
respect to any monetary breach, if the Parties have reached
no resolution or agreement to extend the time further, the
EEOC may petition this Court for resolution of the dispute,
seeking all available relief, including an extension of the
term of the Decree, the EEOC's costs and any
attorneys' fees incurred in securing compliance with the
Decree, and/or any other relief the court deems appropriate.
Defendant will pay a total of $450, 000.00("Gross
Sum") to resolve this Action. The Commission has full
and complete discretion under the terms of this Decree to
allocate the Gross Sum between the Claimants. The EEOC has
full and complete discretion under the terms of this Decree
to determine the characterization of such payments as income,
wages or otherwise, as hereinafter described in this Decree.
The Commission will advise Defendant of the allocation within
ten (10) days of the entry of the Consent Decree of the
allocation of funds and the characterization of such
payments. The EEOC will inform Defendants of the designation
of compensation. For payment of claims characterized as
wages, Defendant shall be responsible for its portion of the
FIT A and FUTA contributions and shall generate a W-2 tax
form. For payments to the claimants characterized as non-wage
compensation, no tax. withholding shall be made. Defendants
shall prepare and distribute a 1099 tax reporting form to
each eligible claimant and shall make any appropriate reports
to the Internal Revenue Service and other tax authorities.
The 1099 forms will be issued as in the ordinary course of
business. Defendant shall be solely responsible for any costs
associated with the issuance and distribution of W-2 and 1099
tax reporting forms to the eligible claimants.
Within seven (7) days of the Commission's notice of
allocation and characterization of funds to Defendant,
Defendant shall issue settlement checks consistent with the
Within three (3) business days of the issuance of the
settlement checks, Defendant shall submit a copy of the
check, tax reporting forms, and related correspondence to
Anna Y. Park, Regional Attorney, U.S. Equal Employment
Opportunity Commission, Los Angeles District Office, 255 East
Temple Street, 4th Floor, Los Angeles, CA, 90012.
including all managerial employees, and all those in active
concert or participation with them, are hereby enjoined from
discriminating against persons on the basis of sex or age in
the terms and conditions of employment.
including all managerial employees, and all those in active
concert or participation with them, or any of them, are
hereby enjoined from implementing or permitting any action,
policy or practice with the purpose of retaliating against
any current or former employee or applicant of Defendant,
because he or she has in the past, or during the term of this
1. Opposed any practice made unlawful under Title VII or the
2. Filed a charge of discrimination alleging such practice;
3. Participated in any manner in an internal or external
investigation or proceeding relating to this case or any
claim of a violation of Title VII or the ADEA;
4. Was identified as a possible witness or claimant in this