Opinion
Civil Action No. C-02-04735 SI
March 3, 2004
WILLIAM R. TAMAYO, JONATHAN T. PECK, CINDY O'HARA, RAYMOND CHEUNG, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, San Francisco, California, for Plaintiff Equal Employment Opportunity Commission
HIDE IRIE, CYNTHIA L. JACKSON, BAKER McKENZIE, Of Counsel for Sega of America, Inc
CONSENT DECREE BETWEEN THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND SEGA OF AMERICA, INC.
Plaintiff Equal Employment Opportunity Commission ("Commission") filed this action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct alleged unlawful employment practices on the basis of discrimination based on national origin and retaliation, and to provide appropriate relief to individuals who the Commission alleged were adversely affected by such practices. The Commission alleged that Defendant Sega of America, Inc. and Defendant Spherion Corporation subjected certain employees to unlawful discrimination based on national origin and other employees to retaliation in violation of Tifle VII. Both Defendants denied all the Commission's allegations. The Commission and Defendant Sega of America ("Sega") now seek to resolve this action as to each other without further contested litigation through the instant Consent Decree. This resolution does not constitute an admission of liability on the part of Sega, nor constitute a finding on the allegations stated in the Commission's Complaint. This Consent Decree represents a good faith settlement of contested and disputed claims. Sega expressly denies any violation of law or wrongdoing. This Consent Decree resolution does not resolve this action as to the dispute between the Commission and Defendant Spherion Corporation, and litigation between those two parties is not affected by the Consent Decree entered into by the Commission and Sega.
The Court has reviewed this Consent Decree in light of the pleadings, the record herein, and the applicable law, and now approves this Consent Decree.
THEREFORE IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
GENERAL PROVISIONS
1. This Court has jurisdiction over the subject matter and the parties to this action. This Court retains jurisdiction over this Consent Decree during its term.
2. This Consent Decree constitutes a full and final resolution of the Commission's claims against Sega in this action.
3. This Consent Decree will become effective upon its entry by the Court.
4. This Consent Decree is final and binding upon the parties to it, their successors and assigns.
5. The Commission and Sega will each bear its own costs and attorneys fees in this action.
GENERAL INJUNCTIVE RELIEF
6. Sega and its current officers, agents, and employees will comply with all requirements of Title VII with respect to providing a work environment free from discrimination on the basis of national origin and retaliation.
7. Sega and its current officers, agents, and employees agree not to retaliate against Fredrick Acebo, Joseph Amper, Michael Delacruz, John Diamonon, Antonio Eco, Beejey Enriquez, Berjes Enriquez, Benjamin Galvez, Rommel Hernandez, Jenric Herrera, Roel Limosnero, Christopher Meyer, Francisco. Rivera, Ronald Rodriguez, Ryan Roettele and Jeffrey Sideno ("Charging Parties") for having testified or participated in any manner in the Commission's investigation and the proceedings in this case.
SPECIAL INJUNCTIVE RELIEF Training and Outreach
8. No later than ninety (90) days from the entry of this Consent Decree, Sega will use an outside consultant to train all its employees responsible for the hiring, supervising or managing of employees, as to their obligations to not discriminate under Title VII of the Civil Rights Act of 1964, including their obligations not to discriminate based on national origin or retaliation.
Record Keeping and Reports
9. Within sixty (60) days after completing the training described in paragraph 8, Sega will mail to counsel for the Commission a report containing the date(s) of training, list(s) of all attendees, and copies of all materials distributed at the training.
MONETARY RELIEF
10. Sega will pay the total sum of $456,000.00, to be distributed as allocated and directed by the Commission, as damages and in complete satisfaction of the Commission's claims against Sega as set forth in its Complaint. All individuals to whom an allocation is made will sign releases and said releases will be provided to Sega prior to the individual's receiving any money hereunder. The sums will be paid by check directly to each individual in his name, and will be sent to each via certified mail, Federal Express, or United Parcel Service delivery, at addresses to be provided to Sega by the Commission. A copy of said checks and their transmittal letters will be sent to Commission counsel Cindy O'Hara at the San Francisco. District Office. Said checks will be transmitted by Sega no later than ten (10) business days after the entry of this Consent Decree and transmittal of the signed releases to Sega. DISPOSITION OF CLAIMS
11. This Consent Decree constitutes a full and final resolution of all the Commission's claims against Sega in this action. The entering into of this Consent Decree by Plaintiff Commission and Defendant Sega and its entry by the Court is without prejudice to the Commission's claims against Defendant Spherion.
EXPIRATION OF CONSENT DECREE AND DISMISSAL
12. Two years (24 months) after the entry of this Consent Decree, this lawsuit will be dismissed with prejudice, provided that Sega has substantially complied with the terms of this Consent Decree. The Commission agrees to give Sega advance written notice of any alleged failure to comply with the terms of this Consent Decree and a reasonable opportunity to cure any alleged breach before seeking Court relief for breach of the Consent Decree. Sega will be deemed to have complied substantially if the Court has not made any findings or orders during the term of the Decree that Sega has failed to comply with any of the terms of this Decree. ORDER
It is so ordered.