United States District Court, S.D. California
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
MAURIZIO'S TRATTORIA ITALIANA, LLC, Defendant.
CONSENT DECREE AND ORDER [DOC. NO. 29]
Michael M. Anello, United States District Judge.
U.S. Equal Employment Opportunity Commission
(“EEOC” or the “Plaintiff”), and
Defendant Maurizio Trattoria Italiana LLC
(“Defendant” or “Maurizio
Trattoria”), hereby stipulate and agree to entry of
this Consent Decree to resolve the Commission's lawsuit
against Defendant in EEOC v. Maurizio Trattoria LLC,
Case No. 18-cv-338-MMA (BLM).
February 13, 2018, the EEOC filed this action in the United
States District Court, Southern District of California, for
violations of Title VII, the Pregnancy Discrimination Act of
1978, and Title I of the Civil Rights Act of 1991, 42 U.S.C.
§ 2000e et. seq. (“Title VII”). The
Complaint alleges that Defendant unlawfully discriminated
against Charging Party Elena Boni because of her pregnancy, a
condition of her sex (female), childbirth, and/or related
PURPOSES AND SCOPE OF THE CONSENT DECREE
Parties to this Consent Decree (“Decree”) are the
EEOC and Defendant Maurizio Trattoria. The EEOC and Defendant
are referred to collectively as the “Parties.”
This Decree shall be binding on and enforceable against
Defendant and its successors and assigns. The Parties have
entered into this Decree to resolve a disputed claim to avoid
the expense, time, and uncertainty of further litigation.
Parties have agreed through this Decree that Defendant will
provide monetary and injunctive relief. The injunctive relief
includes proactive measures cultivating a work environment
free from discrimination and employment practices complying
with federal laws, providing training for Defendant's
managers and employees regarding sex, and specifically
pregnancy discrimination, and utilizing effective mechanisms
for handling pregnancy discrimination complaints.
RELEASE OF CLAIMS
Decree fully and completely resolves all issues, claims, and
allegations by the EEOC that have been raised or could have
been raised in the Complaint filed in the above-captioned
case as against all parties.
Nothing in this Decree shall be construed to preclude any
party from suing to enforce this Decree if any party hereto
fails to perform the promises and representations contained
Nothing in this Decree shall be construed to limit or reduce
any obligations to comply fully with Title VII or any other
federal employment statute.
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 any party in
accordance with standard EEOC procedures. This Decree shall
in no way hinder or affect an individual's right to file
a charge with the EEOC or applicable state agency,
participate in a federal or state investigation, or the
EEOC's investigation and determinations into such
Court has jurisdiction over the parties and the subject
matter of this lawsuit. The Complaint asserts claims that, if
proven, would authorize the Court to grant the equitable
relief set forth in this Decree.
terms and provisions of this Decree are fair, reasonable and
Decree conforms to the Federal Rules of Civil Procedure and
any other federal statute(s), 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.
EFFECTIVE 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”).
Decree shall remain in effect for four and a half (4
½) years after the Effective Date; or until Defendant
satisfies the total monetary relief set forth in this Decree
in Section VIII.A. The Decree is terminated upon the filing
by the EEOC of a notice of satisfaction of monetary relief,
but termination shall not be earlier than two years from the
MODIFICATION AND SEVERABILITY
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 to this Decree 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.
Parties agree that this Decree may be amended or modified in
the interests of justice and fairness to effectuate the
provisions of this Decree.
COMPLIANCE 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
its legal counsel of record, in writing, of the nature of the
dispute. This notice shall specify the provision(s) of the
Consent Decree that the EEOC believes Defendant has breached
along with the reason and basis of the alleged breach. Absent
a showing by either party that the delay will cause
irreparable harm, Defendant shall have thirty (30) days to
attempt to resolve or cure the breach; however, the parties
can agree to extend this period upon mutual consent.
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 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 for such period as Defendant is shown to be in breach
of the Decree and the EEOC's costs and attorneys'
fees incurred in securing compliance with the Decree.
only exception to the above procedure for compliance and
dispute resolution is with respect to the Defendant's
obligations to pay monetary relief as set forth in Section
VIII.A. Upon any breach of Section VIII.A., the EEOC may
petition this Court for resolution of the breach, seeking all
available relief, including EEOC's costs and
attorneys' fees incurred in securing compliance with the
MONETARY AND CLAIMANT SPECIFIC RELIEF
settlement of this lawsuit, Defendant shall pay the sum of
$18, 800 (“settlement amount”) to Charging Party
Within ten (10) days of the Effective Date, the EEOC is to
provide to Defendant the current address of Elena Boni and/or
information of her bank account to which monetary relief is
to be sent.
Within thirty (30) days of the Effective Date, Defendant
shall send a check, via first class certified mail or via
bank / wire transfer, in the amount of $2, 000 to Charging
Party. Beginning sixty (60) days of the Effective Date, the
remaining amount, $16, 800, shall be sent to the Charging
Party by Defendant in equal monthly payments of $350 for a
period of forty-eight (48) months by checks, via first class
certified mail or bank / wire transfer, by the 1st
of each month.
Within three (3) business days of mailing the check to
Charging Party, Defendant shall submit a copy of any checks,
receipt of bank or wire transfer, and related correspondence
to Regional Attorney, Anna Y. Park, U.S. Equal Employment
Opportunity Commission, 255 East Temple Street,
4th Floor, Los Angeles, CA 90012.
the event a payment is not made in accordance with the
schedule set forth in Section VIII.A. of the Consent Decree,
the EEOC will issue a notice of non-compliance with the
Consent Decree's schedule of monetary payments in which
the Defendant shall have fifteen (15) days to cure the
nonpayment. If the Defendant fails to cure the breach within
fifteen (15) days, then the remaining balance plus interest
as of the Effective Date shall be accelerated and shall be
paid in full within fifteen (15) days thereafter. This
section is exempt from Section VII of the Decree on
Compliance and Dispute Resolution. The EEOC will have the
discretion to go into court to enforce the Decree without
additional notice to enforce this acceleration clause.
security for Defendant's obligations for monetary relief
under the Consent Decree, Defendant had executed a security
agreement against Defendant. A copy of the Security Agreement
is attached as Exhibit A. Defendants' obligations under
the Consent Decree for monetary relief are secured by all
real and personal property owned by Defendant, including all
inventory, goods, equipment, trade fixtures, leasehold and
leasehold improvements, furniture, vehicles, storage shed,
air conditioning unit, freezer, refrigerator, computer
equipment, contract rights, accounts, chattel paper,
instruments, good-will, liquor license, general intangibles,
and right to payment of every kind now owned or thereafter
acquired by Defendant. The EEOC may seek enforcement of its
rights under the Security Agreement in this Court.
EEOC has the sole discretion to characterize the compensation
as wage or non-wage compensation for emotional distress
suffered. Within ten days of the Effective Date, the EEOC is
to inform Defendant of the characterization of the
compensation to Ms. Boni. Defendant shall not deduct from the
settlement amount any amount for taxes for compensation
designated as wages. For all payments of the total settlement
amount, Defendant, in the ordinary course, shall prepare and
distribute any necessary tax forms, including Form 1099s, to
Charging Party. Defendant shall make any appropriate reports
for the payment to the Internal Revenue Service and other tax
authorities. Defendant shall be solely responsible for any
costs associated with the issuance and distribution of any
Defendant fulfills its complete obligations of monetary
relief as set forth in Section VIII.A., including full
monetary relief to Elena Boni and sending to the EEOC
documentation of full payment of monetary relief, before the
end of the four-and-half year term of the Decree, the EEOC
agrees to file a Notice of Satisfaction of Monetary Relief
within ten (ten) business days of the receipt by the EEOC of
the documentation of payment.
Defendant shall pay up to $300 for a private attorney to
consult with Elena Boni for one hour about a separate release
of claims to which the EEOC is not a party.
Specific Relief for Elena Boni
Defendant shall delete from Elena Boni's personnel file
or employment records of any negative warnings, discipline,
or other negative references related to the incidents set
forth in the Complaint during the time of her employment with
an inquiry is made into Elena Boni, the only information that
shall be disclosed will be the dates of their employment, the
position(s) held, and that her job performance was
GENERAL INJUNCTIVE RELIEF
its managerial and supervisorial employees, its successors
and assigns are enjoined from discriminating against its
employees in violation of Title VII, including the Pregnancy
its managerial and supervisorial employees, its successors
and assigns are enjoined from retaliating against any of its
current or former employees or job applicants in violation of
Title VII of the Pregnancy Discrimination Act, because he or
she has in the past or during the term of this Decree:
1. opposed any practice made unlawful under or asserted any
rights protected by Title VII;
2. filed a charge of discrimination alleging such practice;
3. testified or participated in any manner in any
investigation (including without limitation, any internal
investigation undertaken by Defendant), proceeding about this
case and/or ...