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U.S. Equal Employment Opportunity Commission v. Entertainment Benefits Group, LLC

United States District Court, D. Nevada

September 20, 2019

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
ENTERTAINMENT BENEFITS GROUP, LLC, et al., Defendant.

          Anna Y. Park Attorney for Plaintiff

          Paul Grossman Attorney for Defendant Entertainment Benefits Group, LLC

          Jacqueline Erb Cornell, I General Counsel Representative of Defendant Entertainment Benefits Group, LLC

          CONSENT DECREE; ORDER

          Gloria M. Navarro, District Judge United-States District Court.

         I.

         INTRODUCTION

         Plaintiff U.S. Equal Employment Opportunity Commission ("EEOC" or "Plaintiff) and Defendant Entertainment Benefits Group, LLC ("EBG" or "Defendant") (collectively, the "Parties") 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. Entertainment Benefits Group, LLC, et al., No. 2:19-cv-01134 and U.S. Equal Employment Opportunity Commission v. Entertainment Benefits Group, LLC, et al., No. 2:19-cv-01135 (collectively the "Actions"). On July 1, 2019, Plaintiff filed these Actions in the United States District Court, District of Nevada, for violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII"), the Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008 ("ADA"), and Title I of the Civil Rights Act of 1991. Plaintiff brought the Actions and sought to resolve the charges filed by Nancy Adams, Rebecca Barnabi, Tessie Jantoc, Sherri Doyle, and Jade Robinson ("Charging Parties"). The Actions allege that Defendant maintains policies and practices that resulted in Defendant discriminating against the Charging Parties Nancy Adams, Sherri Doyle, Jade Robinson, and Tessie Jantoc, and a class of similarly aggrieved employees by failing to engage in the interactive process, failing to provide reasonable accommodations for their actual disabilities, subjecting them to retaliation on the basis of their actual, record of, or perceived disabilities, subjecting employees with disabilities to an inflexible maximum leave attendance policy, and/or discriminating against, harassing, and/or discharging employees who were associated with individuals with disabilities. The Actions also allege that Charging Party Barnabi and a class of similarly aggrieved employees experienced third-party sexual harassment and were subjected to retaliation for engaging in protected activity.

         II.

         PURPOSES AND SCOPE OF THE CONSENT DECREE

         A. The Parties agree that these Actions are fully and completely resolved by entry of this Consent Decree. The Decree is made and entered into by and between the EEOC and Defendant and shall be binding on and enforceable against Defendant and its parents, subsidiaries, officers, directors, agents, successors, and assigns. The Decree is limited in effect to Defendant's Las Vegas, Nevada operations.

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

1. To provide appropriate monetary and injunctive relief;
2. To ensure Defendant's employment practices comply with federal law;
3. To ensure a work environment free from discrimination, especially as it relates to sexual harassment, disability discrimination, and retaliation;
4. To modify Defendant's policies, procedures, and practices regarding employment discrimination and harassment on the basis of sex and disability;
5. To provide an appropriate and effective mechanism for handling complaints of harassment, discrimination, and retaliation;
6. To provide an appropriate and effective mechanism for handling reasonable accommodation requests;
7. To ensure appropriate recording keeping, reporting, and monitoring; and
8. To avoid the expensive and protracted costs incident to this litigation.

         III. GENERAL PROVISIONS

         A. Non-Discrimination:

         Defendant, its officers, agents, employees (including all managerial and non-managerial employees), successors and assigns, during the period that this Decree is in effect, and all those in active concert or participation with Defendant, agree not to engage in sexual harassment in violation of Title VII, or create, facilitate, or permit a hostile work environment in violation of Title VII, including on the basis of sex.

         B. Requests for Reasonable Accommodation:

         Defendant, its officers, agents, management (including all supervisory employees), successors, assigns, and all those in active concert or participation with them, or any of them, agree to engage in the interactive process to identify and provide reasonable accommodations to disabled employees, including but not limited to provision of medical leave as an accommodation and extensions of such medical leave, temporary or permanent job reassignment, and/or modification of policies as appropriate. Defendant, its officers, agents, management (including all supervisory employees), successors, assigns, and all those in active concert or participation with them, or any of them, agree to ensure that disabled employees are not subjected to unlawful maximum leave and/or attendance policies for disability-related absences and/or leave.

         C. Non-Retaliation:

         Defendant, its officers, agents, employees (including all managerial and non-managerial employees), its successors, assigns, during the period this Decree is in effect, and all those in active concert or participation with them, agree not to implement or permit any action, policy or practice with the purpose of retaliating against any current or former employee or applicant of Defendant or its successors, or either of them, because he or she has in the past, or during the term of this Decree: (a) opposed any practice made unlawful under the ADA or Title VII; (b) filed a charge of discrimination alleging such practice; (c) participated in any manner in an internal or external investigation or proceeding relating to this case or any claim of a violation of the ADA or Title VII; (d) was identified as a possible witness or claimant in this action; and/or (e) asserted any right under this Decree; and (f) sought and/or received any relief in accordance with this Decree are associated with an employee who has engaged in the activities set forth in this section.

         IV.

         RELEASE OF CLAIMS

         A. This Decree fully and completely resolves all issues, claims, and allegations raised by the EEOC against Defendant in these Actions, as well as those raised by Charging Parties Nancy Adams, Rebeca Barnabi, Tessie Jantoc, Sherri Doyle, and Jade Robinson, and any other former or current employee of EBG who receives a monetary settlement in these Actions.

         B. Nothing in this Decree shall be construed to limit or reduce Defendant's obligation to comply fully with Title VII, the ADA/ADAAA, 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 later arise against Defendant in accordance with standard EEOC procedures.

         V.

         JURISDICTION

         A. The Court has jurisdiction over the Parties and the subject matter of the Action.

         B. 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, Title VII, the ADA/ADAAA, and is not in derogation of the rights or privileges of any person, C. 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.

         VI.

         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 ...


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