United States District Court, D. Nevada
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
NEVADA HEALTH CENTERS, INC., ULTRACARE LAS VEGAS and Does 1-5 Inclusive, Defendants.
Y. Park, CA SBN 164242 Sue J. Noh, CA SBN 192134 Rumduol
Vuong, CA SBN 264392 U.S. EQUAL EMPLOYMENT OPPORTUNITY
Nechole M. Garcia, NV SBN 12746 U.S. EQUAL EMPLOYMENT
Yau, HI SBN 10087 U.S. EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Attorneys for Plaintiff U.S. EQUAL EMPLOYMENT
CONSENT DECREE RE: DEFENDANT ULTRACARE LAS VEGAS;
ORDER ECF No. 36
U.S. Equal Employment Opportunity Commission (the
"EEOC") and Defendant Ultracare Las Vegas
("ULTRACARE" or "Defendant") hereby
stipulate and agree to entry of this Consent Decree (the
"Decree") to fully and finally resolve Plaintiffs
complaint against ULTRACARE in U.S. Equal Employment
Opportunity Commission v. Nevada Health Centers, Inc.,
Ultracare Las Vegas, and Does 1-5, inclusive; Case No.
2: l6-cv-01495-JAD-PAL (the "Action"). On June 23,
2016, Plaintiff filed this Action in the United States
District Court, District of Nevada, for violation of Title
VII, as amended, 42 U.S.C. § 2000e et.
seq. The Action alleged that Defendants discriminated
against Charging Party David Matlock on the basis of gender
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 their officers, directors, agents,
successors and assigns. Collectively, the EEOC and ULTRACARE
are referred to herein as the "Parties."
Parties have entered into this Decree for the following
1. To provide appropriate monetary and injunctive relief;
2. To ensure employment practices in compliance with federal
3. To ensure a work environment free from retaliation;
4. To ensure training in employment discrimination law; and
5. To ensure appropriate recording keeping, reporting, and
Decree, as described in further detail in Sections IX and X
below will be implemented by Defendant on a company-wide
Decree fully and completely resolves all issues, claims and
allegations raised by the EEOC against ULTRACARE in this
Nothing in this Decree shall be construed to limit or reduce
ULTRACARE's obligation to comply fully with Title VII 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 ULTRACARE in accordance
with standard EEOC procedures.
Court has jurisdiction over the Parties and the subject
matter of this litigation. 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 and Title
VII and is not in derogation of the rights or privileges of
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 five (5) years after the Effective Date.
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.