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.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Anna Y. Park,
Regional Attorney Attorneys for Plaintiff EEOC
HEALTH CENTERS, INC. Walter B. Davis, Chief Executive Officer
LITTLER MENDELSON, P.C. Wendy M. Krincek Attorney for
Defendant Nevada Health Centers
CONSENT DECREE RE: DEFENDANT NEVADA HEALTH CENTERS,
INC.; ORDER ECF NO. 42
Jennifer Dorsey U.S. District Judge.
U.S. Equal Employment Opportunity Commission (the
"EEOC") and Defendant Nevada Health Centers, Inc.
("NHC" or "Defendant") hereby stipulate
and agree to entry of this Consent Decree (the
"Decree") to fully and finally resolve Plaintiffs
complaint against Defendant in U.S. Equal Employment
Opportunity Commission v. Nevada Health Centers, Inc.,
Ultracare Las Vegas, and Does 1-5, inclusive; Case No.
2:16-cv-01495-JAD-PAL (the "Action"). On June 23,
2016, Plaintiff EEOC filed this Action in the United States
District Court, District of Nevada, alleging that during 2012
NHC discriminated against Charging Party David Matlock on the
basis of gender in violation of Title VII of the Civil Rights
Act of 1964, as amended, 42 U.S.C. § 2000e
AND SCOPE OF THE CONSENT DECREE
Decree is made and entered into by and between the EEOC and
NHC and shall be binding on and enforceable against NHC, as
well as their officers, directors, agents, successors and
assigns. Collectively, the EEOC and NHC are referred to
hereinafter 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 discrimination and
4. To ensure appropriate record keeping reporting, and
Decree, as described in further detail in Section IX and X
below will be implemented by NHC on a company wide basis.
Decree fully and completely resolves all issues, claims, and
allegations raised by the EEOC against NHC in this Action.
Nothing in this Decree shall be construed to limit or reduce
NHC'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 NHC 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 2.5 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.
AND DISPUTE RESOLUTION
Parties expressly agree that if the EEOC has reason to
believe that NHC 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 NHC and/or its/their legal counsel of
record, in writing, of the nature of the dispute. This notice
shall specify the particular provision(s) that the EEOC
believes NHC breached. Absent a showing by either party that
the delay will cause irreparable harm, NHC shall have thirty
(30) days to attempt to resolve or cure any nonmonetary
breach and shall have five (5) days to attempt to resolve or
cure any monetary breach.
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 respect to any
non-monetary breach, or five (5) days have passes with
respect to any monetary breach, if the Parties have reached
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, the EEOC's costs and any
attorneys' fees incurred in securing compliance with the
Decree, and/or any other relief the court deems appropriate.
Within fourteen (14) days of the Effective Date, Defendant
will pay a total of $35, 000 to Charging Party David Matlock
("Mr. Matlock") in monetary relief to resolve this
action. The EEOC has full and complete discretion under the
terms of this Decree to determine the characterization of
such payment as backpay or otherwise, as hereinafter
described in this Decree. Mr. Matlock will provide NHC with
an executed IRS Form W-9 on or before the Effective Date.
payment of $35, 000 to Mr. Matlock is deemed to be payment
for compensatory damages. Defendant shall prepare and
distribute 1099 tax reporting forms to Mr. Matlock at the
time the check is sent to Mr. Matlock. No tax withholding may