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U.S. Equal Employment Opportunity Commission v. Nevada Health Centers, Inc.

United States District Court, D. Nevada

March 20, 2017

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
NEVADA HEALTH CENTERS, INC., ULTRACARE LAS VEGAS and Does 1-5 Inclusive, Defendants.

          Anna Y. Park, CA SBN 164242 Sue J. Noh, CA SBN 192134 Rumduol Vuong, CA SBN 264392 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

          Nechole M. Garcia, NV SBN 12746 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

          Eric Yau, HI SBN 10087 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Attorneys for Plaintiff U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

          CONSENT DECREE RE: DEFENDANT ULTRACARE LAS VEGAS; ORDER ECF No. 36

         Plaintiff 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 (male).

         II.

         PURPOSES AND SCOPE OF THE CONSENT DECREE

         A. The 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."

         B. The Parties have entered into this Decree for the following purposes:

1. To provide appropriate monetary and injunctive relief;
2. To ensure employment practices in compliance with federal law;
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 monitoring.

         C. This Decree, as described in further detail in Sections IX and X below will be implemented by Defendant on a company-wide basis.

         III.

         RELEASE OF CLAIMS

         A. This Decree fully and completely resolves all issues, claims and allegations raised by the EEOC against ULTRACARE in this Action.

         B. 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.

         C. 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.

         D. This 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.

         IV.

         JURISDICTION

         A. The 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 any person.

         B. The 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.

         V.

         EFFECTIVE DATE AND DURATION OF DECREE

         A. The provisions and agreements contained herein are effective immediately upon the date which this Decree is entered by the Court (the "Effective Date").

         B. Except as otherwise provided herein, this Decree shall remain in effect for five (5) years after the Effective Date.

         VI.

         MODIFICATION AND SEVERABILITY

         A. This 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.

         B. If 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.

         C. By 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.

         VII.

         COMPLIANCE AND ...


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