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

United States District Court, D. Nevada

July 6, 2017

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

          U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Anna Y. Park, Regional Attorney Attorneys for Plaintiff EEOC

          NEVADA 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.

         Plaintiff 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 et. seq.

         II.

         PURPOSES AND SCOPE OF THE CONSENT DECREE

         The 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."

         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 discrimination and retaliation; and
4. To ensure appropriate record keeping reporting, and monitoring

         C. This Decree, as described in further detail in Section IX and X below will be implemented by NHC 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 NHC in this Action.

         B. 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.

         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 NHC 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 2.5 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 DISPUTE RESOLUTION

         A. The 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.

         B. The Parties agree to cooperate with each other and use their best efforts to resolve any dispute referenced in the EEOC notice.

         C. 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.

         VIII.

         MONETARY RELIEF

         A. 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.

         B. The 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 be ...


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