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Judicial Watch • EEOCsettlement

EEOCsettlement

EEOCsettlement

Page 1: EEOCsettlement

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Number of Pages:21

Date Created:January 22, 2018

Date Uploaded to the Library:January 30, 2018

Tags:EEOCconsentdecree, retaliation, Allied, decree, Consent, discrimination, effective, religious, PAGEID, universal, parties, Diego, defendants, California, defendant, filed, document, IRS


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Case 3:17-cv-02436-BEN-NLS Document Filed 01/22/18 PageID.30 Page
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Case No. 17CV2436 BEN NLS
CONSENT DECREE;
ORDER
Plaintiff,
SOUTHERN DISTRICT CALIlllORNI~
UNITED STATES DISTRICT cl>lJRT~
.j.
~ttk~2l!fllt~~ .,:
1.aJINt!,
vs.
UNIVERSAL PROTECTION
SERVICE, d/b/a ALLIED
UNIVERSAL SECURITY
SERVICES,
Defendant.
INTRODUCTION
Plaintiff, the U.S. Equal Employment Opportunity Commission (EEOC
the Commission) and Defendant Universal Protection Service, d/b/a Allied
Universal Security Services (Defendant) agree the entry this Consent
Decree resolve the EEOCs Complaint the above-styled Action, filed under
Title VII the Civil Rights Act 1964, amended, U.S.C. section 2000e
seq. (Title VII).
The EEOCs Complaint alleges that Defendant unlawfully discriminated
against Charging Party William Webb (Webb) based religion (Islam)
violation Sections 701 and 703(a) Title VII. More specifically, the
Complaint alleges that Defendant failed provide Webb religious accommodation and discharged him based his religion, Islam. The Commission
Case 3:17-cv-02436-BEN-NLS Document Filed 01/22/18 PageID.31 Page also alleges that Defendant discharged Webb retaliation for having engaged protected activity violation Section 704( Title VII.
II.
PURPOSES AND SCOPE THE CONSENT DECREE
The Parties this Consent Decree (Decree) are the EEOC and
Defendant. Defendant stipulates that the entity responsible for (i) providing
the monetary relief set forth below Webb, and (ii) implementing the non- monetary relief described this Consent Decree. This Decree shall binding and enforceable against Defendant, its officers, directors, agents, successors, and
assigns, specified herein.
The Parties have entered into the Decree for the following purposes: provide monetary and injunctive relief; provide final and binding settlement upon the Parties all
claims alleged the EEOCs Complaint this Action; ensure that Defendant continues implement appropriate
measures provide work environment that free from religious
discrimination and retaliation; ensure that Defendant continues implement effective policies,
complaint procedures and training with respect federal laws
prohibiting discrimination and harassment based religion and
retaliation; ensure that Defendant continues maintain effective policies,
complaint procedures and training with respect federal laws
prohibiting religious discrimination and retaliation. avoid expensive and protracted costs incident this litigation.
Case 3:17-cv-02436-BEN-NLS Document Filed 01/22/18 PageID.32 Page
Defendant expressly denies each the allegations contained the EEOCs Complaint and Charging Partys charge discrimination. Further, Defendants execution this Decree not admission ofliability.
III.
RELEASE CLAIMS
This Decree fully and completely resolves between Defendant and the
EEOC all claims that are raised the EEOC against Defendant the Complaint
filed the United States District Court, Southern District California and captioned U.S. Equal Employment Opportunity Commission Universal
Protection Service. d/b/a Allied Universal Security Services, Civil Case No. 7CV2436 BEN NLS
Nothing this Decree shall construed preclude any party from
bringing suit enforce this Decree the event that any party fails perfonn the
promises and representations contained here.
Nothing this Decree shall construed limit reduce Defendants obligation comply fully with Title VII any other federal employment statute.
This Decree way affects the EEOCs right bring, investigate
litigate other charges that may existence may later arise against Defendant accordance with standard EEOC procedures.
IV.
EFFECTIVE DATE AND DURATION DECREE
The provisions and agreements contained herein are effective immediately upon the date which this Decree entered the Court (the Effective Date).
Except otherwise provided here, the Decree shall remain effect for three (3) years after the Effective Date.
Case 3:17-cv-02436-BEN-NLS Document Filed 01/22/18 PageID.33 Page
MODIFICATION AND SEVERABILITY
This Decree constitutes the complete understanding the Parties with
respect the matters contained herein. waiver, modification, amendment
any provision this Decree will effective unless made writing and signed authorized representative each the Parties. one more provisions the Decree are rendered unlawful unenforceable, the Parties shall make good faith efforts agree upon appropriate amendments this Decree effectuate the purposes the Decree. any event, the remaining provisions will remain full force and effect, unless the purposes
the Decree cannot achieved despite the Parties reasonable efforts. mutual agreement the Parties, this Decree may amended
modified writing the interests justice and fairness effectuate the
provisions this Decree.
VI.
JURISDICTION
This Court has jurisdiction over the Parties and the subject matter this lawsuit. The Complaint asserts claims that, proven, would authorize the Court grant the equitable relief set forth this Decree. The tenns and provisions this
Decree are fair, reasonable, and just. This Decree conforms with the Federal Rules Civil Procedure and Title VII, and not derogation the rights privileges any person.
The Court shall retain jurisdiction this Action during the duration the Decree for the purposes monitoring and entering all orders, judgments, and
decrees that may necessary implement the relief provided here.
Case 3:17-cv-02436-BEN-NLS Document Filed 01/22/18 PageID.34 Page
VII.
COMPLIANCE AND DISPUTE RESOLUTION
The Parties agree that the EEOC has reason believe that Defendant has
failed comply with any provision this Consent Decree, the EEOC may petition may bring action before this Court enforce the Decree. Prior initiating such petition action, the EEOC will notify Defendants legal counsel record, writing, the nature the dispute. This notice shall specify the
particular provision(s) that the EEOC believes has have been breached. Absent showing either party that the delay will cause irreparable harm, Defendant shall have forty-five (45) days from receipt the EEOCs notice the alleged breach attempt address, resolve cure the alleged breach.
The Parties agree cooperate with each other and use their reasonable efforts resolve any dispute referenced the EEOC notice.
Unless the Parties have mutually agreed extend the period which the Defendant can address, resolve cure the alleged breach, after forty-five (45) day have passed with resolution agreement extend the time further, the EEOC may petition bring action before this Court for compliance with this Decree. such petition action, the EEOC may seek all available relief, including, but not limited to, extension the terms the Decree for such period time the Defendant shown breach the Decree.
VIII.
MONETARY RELIEF settlement this lawsuit, Defendant shall pay the gross sum
Ninety thousand dollars ($90,000.00) total monetary relief Charging Party William Webb which $67,000.00 shall designated compensatory damages. check the gross amount of$67,000.00 shall issued Webb. This
$67,000 compensatory damages shall designated non-wage compensation,
Case 3:17-cv-02436-BEN-NLS Document Filed 01/22/18 PageID.35 Page and tax withholding shall made for such compensatory damages.
Defendant shall prepare and distribute Form 1099 equivalent tax reportin forms Webb and shall make the appropriate reports the Internal Revenue
Service and other tax authorities. check the gross amount $23 ,000 shall issued Webb minus any
applicable deductions, including for federal, state and/or local tax withholdings.
This amount intended compensate Webb for alleged lost wages. Defendant shall pay the employers portion all federal, state, and local taxes, including but not limited FICA and FUTA taxes, and such amounts shall not deducted from
this check. such, Internal Revenue Service (IRS) Form W-2 shall
issued connection with this payment.
Defendant shall forward the settlement check Webb via U.S. Certified
Mail within ten (10) business days the Effective Date this Decree, and receipt Defendants undersigned counsel Form W-4 and Form W-9 (revised
December 2014) for Webb.
Within three (3) business days the issuance the settlement checks,
Defendant shall submit copy the checks and related correspondence Anna Park, Regional Attorney, U.S. Equal Employment Opportunity Commission, 255 East Temple Street, 4th Floor, Los Angeles, California, 90012.
IX.
INJUNCTIVE RELIEF
Non-Discrimination
Defendant, its officers, agents, management (including all supervisory
employees), successors, assigns, and all those active concert participation with them, any them are enjoined for the duration the Decree from
Case 3:17-cv-02436-BEN-NLS Document Filed 01/22/18 PageID.36 Page engaging employment practices violation Title VII, amended. These employment practices include: Unlawfully failing provide religious accommodation job
applicant(s) employee(s); Unlawfully denying equal employment opportunities job applicant(s) employee(s) based religion; Unlawfully subjecting job applicant(s) employee(s) any action,
policy practice that intended known them have the effect discriminating against harassing any employee based religion;
and Unlawfully discriminating against any job applicant(s) employee(s)
based religion.
Non-Retaliation
Defendant enjoined from engaging in, implementing, permitting any
action, policy, practice with the purpose retaliating against any current
former employee applicant the Defendant because such employee applicant has the past, during the term this Decree:
Opposed good faith any practice made unlawful under Title VII;
Filed charge discrimination good faith alleging such practice;
Testified participated good faith any investigation-including,
without limitation, any internal investigation undertaken
Defendant--or proceeding connection with this case relating
any claim Title VII violation;
Been identified possible witness claimant this Action;
Asserted any rights under this Decree;
Sought and/or received any relief accordance with this Decree.
Case 3:17-cv-02436-BEN-NLS Document Filed 01/22/18 PageID.37 Page
Equal Employment Opportunity Monitor
Within thirty (30) days the Effective Date this Decree, Defendant shall designate Equal Opportunity Monitor (Monitor) that has been approved
the EEOC implement and monitor its compliance with Title VII and the provisions this Decree. Defendant shall bear all costs associated with the
selection and retention the Monitor and the performance his/her/its duties.
The Monitors responsibilities shall include the following:
Ensuring that Defendant maintains and implements nation-wide
anti-discrimination, religious accommodation, and anti-retaliation
policy and reporting procedure that will effectively carry out its
obligations under Title VII and this Decree;
Ensuring that Defendant maintains effective training for its
employees, including management and human resources employees
California, their rights and responsibilities under Title VII and this
Decree, well under Defendants policies and procedures relating harassment, discrimination, and retaliation;
Ensuring that Defendant maintains nation-wide procedures for
complaints discrimination and/or retaliation, and requests for
accommodation that comply with its obligations under Title VII and
this Decree;
Ensuring that Defendant maintains system for monitoring any
investigation any complaint nation-wide religious
discrimination, failure accommodate retaliation;
Ensuring that Defendant maintains proper communications with
complainants regarding the accommodation process, the complaint
procedure, status the request for accommodation and/or complaint,
status any subsequent investigation, results the investigation, and
any remedial action taken;
Case 3:17-cv-02436-BEN-NLS Document Filed 01/22/18 PageID.38 Page
Ensuring that Defendant communicates third-party clients San
Diego and Orange counties that they should forward any requests for
reasonable accommodation Defendants Human Resources
Department and appropriate managers; and
Ensuring compliance with the reporting requirements this Decree.
Policies and Procedures
With the EEO Monitors assistance, Defendant shall review and,
necessary, revise its policies and procedures against discrimination
and retaliation prohibited Title VII (the Policy). The revised
nation-wide Policy shall include:
religious accommodation job applicants and employees
under Title VII; clear explanation prohibited conduct, including
discriminating against job applicants and employees based
religion; clear explanation the procedures for filing complaint
discrimination and/or retaliation; clear explanation the procedures for requesting religious
accommodation; clear explanation regarding Defendants obligation provide
Assurances that employees who request religious
accommodation, make complaints discrimination, provide
infonnation related such complaints are protected against
retaliation; and
Assurance that Defendant will take prompt and appropriate
corrective action when determines that discrimination and/or
retaliation has occurred.
Case 3:17-cv-02436-BEN-NLS Document Filed 01/22/18 PageID.39 Page
This revised policy shall accessible English, and when requested employee, Spanish.
Within sixty (60) days the Effective Date, Defendant shall ensure
that has distributed the Policy nationwide, either physical
electronic posting, every employee, including managers and
supervisory employees.
Defendant shall ensure that all employees understand Defendants
obligations and responsibilities under Title VII and Defendants
policies and procedures for requesting religious accommodation.
Training
Human Resources Personnel/Managers California
All Defendants regional vice-presidents, branch managers, operations
managers, human resources personnel and managers who are assigned its
California facilities shall attend, least once every two years during the
course the four (4) years following the Effective Date this Decree,
training program that includes info1mation about religious accommodations
and religious discrimination. This training shall occur connection with the
Companys training pursuant California 1825, and shall be, total,
least two (2) hours duration. All Human Resource employees and
Managers who attend the training shall verify such attendance writing
electronically. minimum, this anti-discrimination and anti-retaliation
training for managerial employees shall include instruction regarding:
Defendants responsibilities and requirements under Title VII;
Making objective hiring and employment decisions that are not
based religion religious stereotype;
Case 3:17-cv-02436-BEN-NLS Document Filed 01/22/18 PageID.40 Page
accommodation;
Proper handling requests for reasonable accommodation and
engaging adequate accommodation review process;
Proper handling discrimination complaints and conducting adequate investigation response; and
Proper procedures for making request for reasonable review Defendants revised equal employment policies
and practices consistent with this Decree.
Defendant shall provide the EEOC with copy the materials used for this
training.
Employees Assigned Work Off-Site San Diego, County
All Defendants non-supervisory employees, security professionals, and
any other personnel who are assigned work off-site within San Diego
County, California shall receive online training approved the EEOC. This
training shall occur within six (6) months the Effective Date this
Decree and once annually thereafter for the duration this Decree. These
employees shall verify their attendance writing electronically. This
online training shall direct employees the appropriate Human Resources
persom1el regarding any questions. All new non-supervisor employees
assigned work off-site within San Diego, California shall receive the
training within thirty (30) days hire. This training shall, minimum,
include:
Defendants responsibilities and requirements under Title VII;
The proper process and procedures for making request for
reasonable religious accommodation pursuant company policy;
Case 3:17-cv-02436-BEN-NLS Document Filed 01/22/18 PageID.41 Page
discrimination and/or retaliation;
The name and contact information for human resources manager
whom employees can speak there are any concerns this regard. review Defendants revised equal employment policies
and practices consistent with this Decree; and
Proper process and procedures for making complaints
Accountability
Defendant shall hold its managers and supervisors accountable for failing
comply with Defendants anti-discrimination and anti-retaliation policies and
procedures.
Posting ofNotice
Within ten (10) business days after the Effective Date, and throughout the
term this Decree, Defendant shall post all its Branch Offices California,
the Notice (attached Exhibit the terms this Decree clearly visible
location frequented employees that facility for period sixty (60) days.
RECORD KEEPING AND REPORTING
Document Preservation
For the duration the Decree, Defendant shall maintain such records for its
facilities San Diego, Orange County, and Long Beach are necessary
demonstrate its compliance with this Decree, including but not limited the following: All documents generated connectio11 with any request for religious
accommodation which human resources becomes aware and
resolution such request for the duration the Decree;
Case 3:17-cv-02436-BEN-NLS Document Filed 01/22/18 PageID.42 Page All documents generated connection with any religious
discrimination and/or retaliation complaint which human resources
becomes aware, any investigation into such complaint, and resolution such complaint for the duration the Decree; All documents demonstrating the posting and/or availability the
revised policy and complaint procedure against discrimination and
retaliation; list the dates the training required under this Decree; All documents showing the list names and positions all attendees the training required under this Decree; All equal employment policies and procedures required under this
Decree; and All training materials connection with the training required under
this Decree.
Initial Reports
Within thirty (30) days the Effective Date, Defendant shall submit the EEOC statement confirming that the notice (Exhibit
described Section IX.G. has been posted.
shall provide the EEOC copy the Policy described Section
Within sixty (60) days the Effective Date this Decree, Defendant
IX.D.
Within sixty (60) days offhe Effective Date, Defendant shall submit the EEOC statement confirming the development and
implementation the revised Policy described Section IX.D.
Within thirty (30) days after hiring the EEO Monitor, Defendant shail
submit the EEOC the training materials required Section IX.E.
Case 3:17-cv-02436-BEN-NLS Document Filed 01/22/18 PageID.43 Page
This includes description the training provided and
outline the curriculum developed for the trainees.
Reports from the Monitor Regarding Audits
During the duration this Decree, the EEO Monitor shall conduct annual audits regarding Defendants compliance with this Decree and its employment practices. The first audit shall occur later than one-hundred and twenty (120) days after the Effective Date this Decree. These audits shall conducted
without any prior notice Defendant. The Monitors audits shall verify the
following about Defendants California facilities: Defendants record-keeping practices are compliant with this Decree; Defendants response all requests for religious accommodation were
properly handled under Title VII and compliance with this Decree; Defendants response all religious discrimination and retaliation
complaints were properly handled under Title VII and compliance
this Decree; review training materials, and assessment the effectiveness
training; review Defendants equal employment opportunity policies and
procedures, and assessment the effectiveness such written policies.
Within thirty (30) days after each audit, the Monitor shall provide written
report the EEOC regarding its findings. This report shall include all info1mation
and documents relating Defendants response requests for religious
accommodation, complaints religious discrimination, and complaints
retaliation for its San Diego, Orange County, and Long Beach facilities. This
includes the identity and job title the persons involved the accommodation
complaint process, the steps taken response the request for reasonable
Case 3:17-cv-02436-BEN-NLS Document Filed 01/22/18 PageID.44 Page accommodation complaint, the rationale for the ultimate decision, and all documentary evidence pertaining the request for religious accommodation,
religious discrimination complaint, retaliation complaint.
Annual Reports
For the entire duration the Decree, Defendant shall provide the EEOC
with annual written reports later than the anniversary date the Effective Date this Decree. The subsequent annual reports shall include verification the
following regarding all Defendants California facilities:
practices comply with Title VII and this Decree;
retaliation violation Title VII and this Decree;
All training sessions required under this Decree during the prior
twelve months have occun-ed;
Defendant has refrained from engaging practices which subject job
applicants and/or employees religious discrimination and/or
Defendants equal employment and accommodation policies and
Defendant has unde1taken its best efforts assure that all employees
required attend training session under this Decree during the prior
twelve months received the required training;
Confirmation fhat Defendant has undertaken its best efforts assure
that the Policy and training was provided all employees hired after
the entry this Decree set forth this Decree; and report all religion retaliation-related discrimination complaints the San Diego, Orange County, and Long Beach facilities which
human resources became aware that were made since the submission the immediately preceding report. This report shall include the
names the individuals alleging discrimination; the nature the
Case 3:17-cv-02436-BEN-NLS Document Filed 01/22/18 PageID.45 Page
alleged discrimination; the identities the alleged discriminating
officials; the dates the alleged discrimination retaliation; brief
summary how each complaint was resolved; the identity the
employee(s) who investigated and/or resolved each complaint; and
description the resolution findings. Ifno results have been
reached the time the report, the result shall included the
next report.
XI.
COSTS ADMINISTRATION AND IMPLEMENTATION THE CONSENT DECREE
Defendant shall bear all costs associated with its administration and
implementation its obligations under this Decree.
XII.
COSTS AND ATTORNEYS FEES
Each party shall bear its own costs suit and atton1eys fees.
XIII.
MISCELLANEOUS PROVISIONS
During the term this Consent Decree, Defendant shall provide any
potential successor-in-interest prospective purchaser with copy this Consent
Decree within reasonable time not less than thi1iy (30) days prior the
execution any agreement for acquisition assumption control any all
IDefendants facilities, any other material change corporate stn.1cture, and shal
simultaneously inform the EEOC same.
Case 3:17-cv-02436-BEN-NLS Document Filed 01/22/18 PageID.46 Page
During the term this Consent Decree, Defendant and its successors shall assure that each its affiliates, officers, managers and supervisors aware any term(s) this Decree which may related his/her job duties.
Unless otherwise stated, all notices, reports and correspondence required under this Decree shall delivered the attention the Regional Attorney, Anna Park, U.S. Equal Employment Opportunity Commission, Los Angeles
District Office, 255 Temple St., 4th FL, Los Angeles, CA. 90012.
The Parties agree entry this Decree and judgment subject final approval this Court.
r---. Case 3:17-cv-02436-BEN-NLS Document
----- ------- --------~-
Filed 01/22/18 PageID.47 Page
All Parties, through the undersigned, respectfully apply for and consent the entry this Consent Decree Order. stipulated,
MARTENSON, HASJ;IROUCK SIMON
LLP
Dated:
IZ- 1-7
---~--
By.
-////ti
l.r
~(f:l- 1./......--;:;;
ff_... ... ~--~--------Marty Martenson
E-Mail: mnmartenson@martensonlaw.com
Attorney for Defendant
Universal Protectio11 Service,
Dated:
By: -c1,f~..(jLr.lC