Case 3:05-cv-02492-MEJ Document 1 Filed 06/20/2005 Page 1 of 5

1 WILLIAM R. TAMAYO - #084965 (CA) DAVID OFFEN-BROWN - #063321 (CA)
2 RAYMOND T. CHEUNG - #176086 (CA) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 San Francisco District Office 350 The Embarcadero, Suite 500
4 San Francisco, California 94105-1260 Telephone No. (415) 625-5649
5 Facsimile No. (415) 625-5657 raymond.cheung@eeoc.gov
6

7 Attorneys for Plaintiff

8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

11 EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

12

)

)

13

Plaintiff,

)

)

14

v.

)

)

15

)

AMELCO ELECTRIC SAN FRANCISCO )

16 AND AMELCO CORPORATION,

)

)

17

Defendant.

)

CIVIL ACTION NO.
COMPLAINT Civil Rights
– Employment Discrimination – Class Action
JURY TRIAL DEMAND

18

19

NATURE OF THE ACTION

20

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

21 Rights Act of 1991 to correct unlawful employment practices on the basis of race, national

22 origin, sex and religion and to provide appropriate relief to Carl McNair and similarly situated

23 individuals who were adversely affected by such practices. As alleged below, defendants,

24 Amelco Electric San Francisco and Amelco Corporation subjected Mr. McNair and others to a

25 hostile work environment because of their race, national origin, sex and religion. Defendants also

26 subjected Mr. McNair and the class of similarly situated individual to disparate treatment and/or

27 termination because of their race, national origin, sex and religion. Finally, Defendants

28 terminated Mr. McNair in retaliation for his complaints of discrimination.

COMPLAINT
1

Case 3:05-cv-02492-MEJ Document 1 Filed 06/20/2005 Page 2 of 5

1

JURISDICTION AND VENUE

2

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337,

3 1343, and 1345. This action is authorized and instituted pursuant to sections 706(f)(1) and (3) of

4 Title VII of the Civil Rights Act of 1964, as amended (Title VII), 42 U.S.C. §§2000e-5(f)(1) and

5 (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a.

6

2. The employment practices alleged to be unlawful were and are now being

7 committed within San Francisco County which is within the jurisdiction of the United States

8 District Court for the Northern District of California.

9

INTRADISTRICT ASSIGNMENT

10

3. This case is appropriate for assignment to San Francisco because the unlawful

11 employment practices alleged were and are being committed within San Francisco County.

12

PARTIES

13

4. Plaintiff, the Equal Employment Opportunity Commission (“EEOC”), is the

14 agency of the United States of America charged with the administration, interpretation, and

15 enforcement of Title VII and is expressly authorized to bring this action by sections 706(f)(1) and

16 (3) of Title VII, 42 U.S.C. §§2000e-5(f)(1) and (3).

17

5. At all relevant times, Defendant, Amelco Electric San Francisco, has continuously

18 been doing business in the State of California and the City and County of San Francisco and have

19 continuously had at least fifteen employees.

20

6. At all relevant times, Defendant, Amelco Corporation, has continuously been

21 doing business in the State of California and the City and County of San Francisco and have

22 continuously had at least fifteen employees.

23

7. At all relevant times, Amelco Electric San Francisco and Amelco Corportation

24 (“Defendant Employers”) have continuously been employers engaged in an industry affecting

25 commerce within the meaning of section 701(b), (g), and (h) of Title VII, 42 U.S.C. §2000e-(b),

26 (g), and (h).

27 ///

28 ///

COMPLAINT
2

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1

STATEMENT OF CLAIMS

2

8. More than thirty days prior to the institution of this lawsuit, Carl McNair filed a

3 charge of discrimination with the EEOC alleging violations of Title VII by Defendant Employers.

4 All conditions precedent to the institution of this lawsuit have been fulfilled.

5

9. Since at least January 2002, Defendant Employers have engaged in unlawful

6 practices at their San Francisco, California work site in violation of section 703(a)(1) of Title

7 VII, 42 U.S.C. §2000e-2(a). These practices include subjecting Mr. McNair and other similarly

8 situated employees to harassment and to an offensive, abusive, intimidating and hostile work

9 environment based on their race, national origin, sex and religion. Defendants also subjected Mr.

10 McNair and the class of similarly situated individual to disparate treatment and/or termination

11 because of their race, national origin, sex and religion.

12

10. Since at least January 2002, Defendant Employers have engaged in unlawful

13 practices at their San Francisco, California work site in violation of section 704(a) of Title VII,

14 42 U.S.C. §2000e-3(a). These practices include terminating Mr. McNair in retaliation for his

15 complaints of discrimination.

16

11. The effect of the practices complained of above has been to deprive Carl McNair

17 and others of equal employment opportunities and otherwise to adversely affect their status as an

18 employee because of their race, national origin, sex and/or religion.

19

12. The unlawful employment practices complained of above were and are

20 intentional.

21

13. The unlawful employment practices complained of above were and are done with

22 malice and/or reckless disregard for the federally protected rights of Carl McNair and other

23 similarly situated individuals.

24

PRAYER FOR RELIEF

25

WHEREFORE, the Commission respectfully requests that this Court:

26

A. Grant a permanent injunction enjoining Defendant Employers, their officers,

27 successors, assigns, and all persons in active concert or participation with them, from engaging in

28 harassment and retaliation, and any other employment practice which discriminates on the basis

COMPLAINT
3

Case 3:05-cv-02492-MEJ Document 1 Filed 06/20/2005 Page 4 of 5

1 of race, national origin, sex and religion.

2

B. Order Defendant Employers to institute and carry out policies, practices, and

3 programs which provide equal employment opportunities for racial and religious minority and/or

4 female employees and which eradicate the effects of its past and present unlawful employment

5 practices.

6

C. Order Defendant Employers to make whole Carl McNair and other similarly

7 situated individuals by providing compensation for past and future pecuniary losses resulting

8 from the unlawful employment practices described above, including medical expenses, with

9 interest, in amounts to be determined at trial.

10

D. Order Defendant Employers to make whole Carl McNair and other similarly

11 situated individuals by providing compensation for past and future non-pecuniary losses caused

12 by the above unlawful conduct, including pain and suffering, emotional distress, indignity, loss

13 of enjoyment of life, loss of self-esteem, and humiliation, in amounts to be determined at trial.

14

E. Order Defendant Employers to pay Carl McNair and other similarly situated

15 individuals punitive damages for its malicious and reckless conduct described above, in amounts

16 to be determined at trial.

17

F. Grant such further relief as the Court deems proper.

18

G. Award the Commission its costs in this action.

19

JURY TRIAL DEMAND

20

The Commission requests a jury trial on all questions of fact raised by its complaint.

21

22

23

Respectfully submitted,

24

ERIC S. DREIBAND

25

GENERAL COUNSEL

26

JAMES L. LEE

27

DEPUTY GENERAL COUNSEL

28

GWENDOLYN YOUNG REAMS ASSOCIATE GENERAL COUNSEL

COMPLAINT

4

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1 2 3 4 5 6 Dated: 7 8
Dated: 9 10 11 Dated: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COMPLAINT

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, DC 20507
WILLIAM R. TAMAYO Regional Attorney DAVID OFFEN-BROWN Supervisory Trial Attorney RAYMOND T. CHEUNG Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 350 The Embarcadero, Suite 500 San Francisco, California 94105-1260
5

 </s> Case 3:05-cv-02492-MEJ Document 21-2 Filed 08/16/2006 Page 1 of 6

1 WILLIAM R. TAMAYO- 084965 (CA) DAVID F. OFFEN-BROWN- 063321 (CA)
2 RAYMOND T. CHEUNG - 176086 (CA) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 San Francisco District Office 350 The Embarcadero, Suite 500
4 San Francisco, CA 941 05 Telephone: (415) 625-5649
5 Facsimile: (415) 625-5657 raymond.cheung@eeoc.gov
6

7 Attorneys for Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
8

9

10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12

13 EQUAL EMPLOYMENT OPPORTUNITY ) Case No. 05-02492 MEJ and

COMMISSION,

) Case No. 06-3008 CRB

14

)

Plaintiff,) SETTLEMENT AGREEMENT

15

) BETWEEN THE EQUAL

v.

) EMPLOYMENT OPPORTUNITY

16

) COMMISSION AND AMELCO

AMELCO ELECTRIC SAN FRANCISCO ) ELECTRIC SAN FRANCISCO &

17 and AMELCO CORPORATION,

) AMELCO CORPORATION; ORDER

)

18

Defendants. )

19 ------------------------------)

20

21

I. INTRODUCTION

22

A. Plaintiff Equal Employment Opportunity Commission ("Commission") filed

23 Case No. 05-02492 MEJ under Title VII of the Civil Rights Act of 1964, as amended, on

24 behalf of Carl McNair and a class of similarly situated individuals, alleging that Carl McNair

25 and class members were electricians working for Amelco Electric San Francisco and Amelco

26 Corporation (individually and collectively, "Defendants") when they were subjected to

27 harassing comments and/or disparate treatment due to their race, gender, religion and national

28 origin in violation ofTitle VII.

1
SETTLEMENT AGREEMENT AND ORDER

CIV NOS. 05-02492 MEJ and 06-3008 CRB

Case 3:05-cv-02492-MEJ Document 21-2 Filed 08/16/2006 Page 2 of 6

. 1

B. Case No. 06-3008 CRB was filed by the Commission on behalf of Susanna

2 Ortez and a class of similarly situated electricians against Defendants Amelco Electric San

3 Francisco and Amelco Corporation. This action alleges that they were subjected to harassing

4 comments and/or disparate treatment due to their gender, race and/or national origin in

5 violation of Title VII.

6

c. Amelco Corporation and Amelco Electric S.F. Inc. (erroneously named as

7 Amelco Electric San Francisco), answered and denied all allegations of discrimination,

8 harassment and unlawful conduct in Case No.05-02492 MEJ.

9

D. Defendants were never served with Case No.06-3008 CRB, but received a copy

10 of the Complaint, and have alleged that it represents an abuse of EEOC process by the

11 Commission. The EEOC has mailed a Request for Waiver of Service of Case No.06-3008

12 CRB to Defendants' attorney of record.

13

14

The Commission and Defendants now seek to resolve both Case No. 05-02492 MEJ and

15 Case No.06-3008 CRB (individually and collectively, the "Actions") as to each other, and as to

16 all Class Members referenced in the Actions (individually and collectively, the "Class

17 Members"), without further contested litigation, through the instant Settlement Agreement.

18

19

II. NON-ADMISSION OF LIABILITY

20

This resolution does not constitute any admission of liability or any other act or fact on

21 the part of Defendants, nor constitute any finding one way or the other as to any allegations

22 stated in the Commission's Complaints, or in Defendants' Answer or allegations in or about the

23 Actions. This Settlement Agreement represents a good faith settlement of contested and

24 disputed claims.

25

26

III. GENERAL PROVISIONS

27 1. 28

This Settlement Agreement constitutes a full and final resolution as against Defendants,
and each of them, of all claims in the Actions by and on behalf of the Commission and

2 SETTLEMENT AGREEMENT AND ORDER

CIV NOS. 05-02492 MEJ and 06-3008 CRB

Case 3:05-cv-02492-MEJ Document 21-2 Filed 08/16/2006 Page 3 of 6

1 2 2. 3 4 3. 5 6 4. 7 8 9 10 5. 11 12 13 14 15 16 6. 17 18 19 20 21 22 23 24 25 26 27 28

by and on behalf of all Class Members. This Settlement Agreement will be filed as an exhibit to Plaintiff EEOC's Notice of Dismissal of the Actions. This Settlement Agreement is final and binding on Defendants, the Commission and the Class Members, and each of them, and their successors and assigns, and each of them. The Commission, Class Members, and Defendants will each bear their own costs and attorneys' fees in this action.
IV. NON-RETALIATION The Defendants and their current officers, agents, employees agree not to. retaliate against Carl McNair, Susanna Ortez and class members for having testified or participated in any manner in the Con:imission' s investigation and the proceedings in these cases.
V. MONETARY AND OTHER TERMS Upon execution of this Agreement, and subject to other conditions stated herein, Defendants agree to pay a total of$125,000.00 in settlement of the Actions.
(A) The specific allocation of these monies among Carl McNair, Susanna Ortez and/or other Class members shall be within the sole discretion of the EEOC, without any input requested from or required of Defendants.
(B) Within ten days of the full execution of this Settlement Agreement by all signatory Plaintiffs and Defendants, EEOC will notify Defendants' counsel of record, in writing, of the allocation of all settlement monies, identifying recipient individuals and amounts.
(C) Within twenty (20) days of Defendants' receipt of such notification, Defendants will send checks (for the amounts and made payable to the persons specified in the notification) via certified mail, Federal Express, or United Parcel Service delivery to Commission attorney Raymond Cheung at the Commission's San Francisco District

3
SETTLEMENT AGREEMENT AND ORDER

CIV NOS. 05-02492 MEJ and 06-3008 CRB

Case 3:05-cv-02492-MEJ Document 21-2 Filed 08/16/2006 Page 4 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 7. 16 17 18 19 20 21 22 8. 23 24 25 26 27 Ill 28 Ill

Office- 350 The Embarcadero, Suite 500, San Francisco, California 94105. Defendants will issue the appropriate tax documents (1099) directly to the payees at addresses to be provided to Defendants by EEOC.
(D) Upon receipt of settlement checks totaling $125,000, the Commission shall send to Defendants' counsel of record a signed Notice of Dismissal with Prejudice of the entirety of both Actions, which Defendants shall be responsible for filing with the Court.
(E) The Commission shall not distribute any check to any specified individual Class Member unless and until said individual signs a Release of Claims acceptable to Defendants, which signed Releases of Claims the Commission shall thereafter send to Defendants' undersigned counsel. If any individual refuses to sign their Release of Claims form, their check shall be returned to Defendants, for reissuance of a check or checks totaling that same amount to such other Class Member(s) as EEOC shall designate, such reissued checks being subject to the same conditions set forth herein. The EEOC agrees not to institute any civil or administrative proceeding or action against Defendants, or either of them, or their officers, directors, employees, agents or representatives, based in whole or in part on any act alleged in EEOC Charge Nos. 3702003-00215 and/or 370-2002-08472, respectively, filed by Carl McNair and Susanna Ortez, or any act alleged in the Actions, or either of them.
VI. RETENTION OF JURISDICTION AND DISMISSAL For the purposes of enforcing the provisions of this Settlement Agreement, and pursuant to Kokkonen v. Guardian Life Ins. Co. ofAm., 511 U.S. 375, 381-82 (1994) and Flanagan v. Arnaiz, 143 F.3d 540, 543-44 (9th Cir. 1998), this Court will retain jurisdiction of these two actions until Entry of the Dismissals with Prejudice of both Case Nos. 05-02492 MEJ and Case No. 06-3008 CRB.

4
SETTLEMENT AGREEMENT AND ORDER

CIV NOS. 05-02492 MEJ and 06-3008 CRB

Case 3:05-cv-02492-MEJ Document 21-2 Filed 08/16/2006 Page 5 of 6

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2

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4 Dated: \-\2 ,o ~

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It is so ordered.

25

26 Dated:

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28

AMELCO ELECTRIC S.F. INC., erroneously named as AMELCO
ELEZ~c ~~ F:NCisco
By
AMELCO CORPORATION
By@t~
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
By WILLIAM R. TAMAYO Regional Attorney
By DAVID F. OFFEN-BROWN Supervisory Trial Attorney
By RAYMOND T. CHEUNG Senior Trial Attorney
ORDER
United States District Judge

5
SETTLEMENT AGREEMENT AND ORDER

CIV NOS. 05-02492 MEJ and 06-3008 CRB

Case 3:05-cv-02492-MEJ Document 21-2 Filed 08/16/2006 Page 6 of 6

1

2

3

4 Dated:

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8 Dated:

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~ 12
13 I>ated: 14

?#~/ 15
16 I>ated: 17

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It is so ordered.

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26 Dated:

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AMELCO ELECTRIC S.F. INC., erroneously named as AMELCO ELECTRIC SAN FRANCISCO By AMELCO CORPORATION By EQUAL EMPLOYMENT OPPORTUNITY COMMISSION By
ORDER
United States District Judge

5
SETTLEMENT AGREEMENT AND ORDER

CIV NOS. 05-02492 MEJ and 06-3008 CRB

 </s> Case 3:05-cv-02492-MEJ Document 24 Filed 08/21/2006 Page 1 of 2

1 WILLIAM R. TAMAYO - 084965 (CA) DAVID F. OFFEN-BROWN - 063321 (CA)
2 RAYMOND T. CHEUNG - 176086 (CA) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 San Francisco District Office 350 The Embarcadero, Suite 500
4 San Francisco, CA 94105 Telephone: (415) 625-5649
5 Facsimile: (415) 625-5657 raymond.cheung@eeoc.gov
6

7 Attorneys for Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
8

9

10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12

13 EQUAL EMPLOYMENT OPPORTUNITY ) Case No. 05-02492 MEJ

COMMISSION,

)

14

) DISMISSAL WITH PREJUDICE;

Plaintiff, ) [PROPOSED] ORDER

15

)

v.

)

16

)

AMELCO ELECTRIC SAN FRANCISCO )

17 and AMELCO CORPORATION,

)

)

18

Defendants. )

)

19

20

21

Pursuant to the terms of the attached Settlement Agreement, the United States Equal

22 Employment Opportunity Commission (EEOC) hereby move to dismiss the above cases with

23 prejudice.

24

Respectfully Submitted,

25

26 Dated: August 21, 2006 27 28

____/s/___________________________ Raymond T. Cheung Attorney for Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

1
DISMISSAL AND ORDER

CIV NOS. 05-02492 MEJ

Case 3:05-cv-02492-MEJ Document 24 Filed 08/21/2006 Page 2 of 2

1 The Clerk of Court shall close the file.

2

IT IS SO ORDERED.

3 4 Dated: August 21, 2006

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DISMISSAL AND ORDER

UNITED S ALIFORNIA

OURT NORTH

TATES DISTRICT C _____I_T__I_S__S_O__O__R_D__E_R__E_D___________
U.S. District Court Magistrate Judge Judge Maria-Elena James
ERN DISTRICT OF C
2
CIV NOS. 05-02492 MEJ

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ADRMOP, CLOSED, E-Filing, MEDTERM
U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:05-cv-02492-MEJ

Equal Employment Opportunity Commission v. Amelco Electric Date Filed: 06/20/2005

San Francisco et al

Jury Demand: Plaintiff

Assigned to: Magistrate Judge Maria-Elena James

Nature of Suit: 442 Civil Rights: Jobs

Cause: 42:2000e Job Discrimination (Employment)

Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by David F. Offen-Brown U.S. EEOC 350 The Embarcadero Suite 500 San Francisco, CA 94105-1260 (415) 625-5652 Fax: (415) 625-5657 Email: David.Offen-Brown@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Raymond T. Cheung US EEOC 350 The Embarcadero, Suite 500 San Francisco, CA 94105-1260 415-625-5600 Fax: 415-625-5657 Email: raymond.cheung@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

William Robert Tamayo U.S. EEOC 350 Embarcadero Street Suite 500 San Francisco, CA 94105-1687 415-625-5645 Fax: 415-625-5657 Email: william.tamayo@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant

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Amelco Electric San Francisco
Defendant Amelco Corporation

represented by David B. Simpson Wolflick & Simpson 130 North Brand Boulevard Suite 410 Glendale, CA 91203 818-243-8300 Fax: 818-243-0122 Email: dave@wolfsim.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David B. Simpson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/20/2005
06/20/2005
06/20/2005 08/19/2005 08/19/2005 08/23/2005 08/30/2005 09/29/2005

#

Docket Text

1 COMPLAINT /issued summons against Amelco Electric San Francisco, Amelco Corporation. Filed byEqual Employment Opportunity Commission. (ga, COURT STAFF) (Filed on 6/20/2005) Additional attachment(s) added on 8/26/2005 (ga, COURT STAFF). (Entered: 06/23/2005)
2 ADR SCHEDULING ORDER: Case Management Statement due by 10/13/2005. Case Management Conference set for 10/20/2005 10:00 AM.. Signed by Judge Maria-Elena James on 6/20/05. (Attachments: # 1 Standing Order# 2 Consent/Decline Form)(ga, COURT STAFF) (Filed on 6/20/2005) (Entered: 06/23/2005)
CASE DESIGNATED for Electronic Filing. (ga, COURT STAFF) (Filed on 6/20/2005) (Entered: 06/23/2005)
3 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission (Cheung, Raymond) (Filed on 8/19/2005) (Entered: 08/19/2005)
4 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission (Cheung, Raymond) (Filed on 8/19/2005) (Entered: 08/19/2005)
5 CLERK'S NOTICE re: Plaintiffs Failure to E-File the Complaint 1 and/or Failure to Register as an E-Filer (ga, COURT STAFF) (Filed on 8/23/2005) (Entered: 08/23/2005)
6 ANSWER to Complaint byAmelco Electric San Francisco, Amelco Corporation. (Simpson, David) (Filed on 8/30/2005) (Entered: 08/30/2005)
7 CONSENT to Proceed Before a US Magistrate Judge by Equal Employment Opportunity Commission.. (Cheung, Raymond) (Filed on 9/29/2005) (Entered: 09/29/2005)

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09/29/2005 09/29/2005 10/03/2005
10/07/2005 10/12/2005 10/13/2005
10/13/2005 10/13/2005
10/19/2005 10/21/2005 10/28/2005 11/23/2005 11/28/2005
01/18/2006

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8 ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Cheung, Raymond) (Filed on 9/29/2005) (Entered: 09/29/2005)
9 STIPULATION and Proposed Order selecting Mediation by Equal Employment Opportunity Commission and Defendants Amelco Electric SF, Inc. and Amelco Corp. (Cheung, Raymond) (Filed on 9/29/2005) (Entered: 09/29/2005)
10 ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Attachments: # 1 Signature Page (Declarations/Stipulations) Stipulation and Order Selecting ADR Process/ADR Certification)(Simpson, David) (Filed on 10/3/2005) (Entered: 10/03/2005)
11 REPORT of Rule 26(f) Planning Meeting. (Cheung, Raymond) (Filed on 10/7/2005) (Entered: 10/07/2005)
12 JOINT CASE MANAGEMENT STATEMENT filed by Amelco Electric San Francisco, Amelco Corporation. (Simpson, David) (Filed on 10/12/2005) (Entered: 10/12/2005)
13 ORDER VACATING OCTOBER 20, 2005 CASE MANAGEMENT CONFERENCE; CASE MANAGEMENT ORDER re 12 Case Management Statement (Joint) filed by Amelco Corporation,, Amelco Electric San Francisco,. Signed by Judge Maria-Elena James on 10/13/2005. (mejlc1, COURT STAFF) (Filed on 10/13/2005) (Entered: 10/13/2005)
CASE REFERRED to Mediation per 13. (cmf, COURT STAFF) (Filed on 10/13/2005) (Entered: 10/14/2005)
Set Deadlines/Hearings: Discovery due by 8/25/2006. Motions due by 9/21/2006. Pretrial Order due by 1/12/2007. Final Pretrial Conference set for 2/22/2007 10:00 AM. Jury Trial set for 2/26/2007 01:30 PM. Motion Hearing set for 10/26/2006 10:00 AM in Courtroom B, 15th Floor, San Francisco. Pretrial Conference set for 1/25/2007 10:00 AM in Courtroom B, 15th Floor, San Francisco. (ga, COURT STAFF) (Filed on 10/13/2005) (Entered: 10/21/2005)
14 ADR Clerk's Notice Appointing Michael W. Bien as Mediator. (cmf, COURT STAFF) (Filed on 10/19/2005) (Entered: 10/19/2005)
Mediator's office will initiate the pre MED phone conference on 10/26/2005 at 10:00 a.m. (cmf, COURT STAFF) (Filed on 10/21/2005) (Entered: 10/21/2005)
Set/Reset Hearings: Mediation Hearing set for 1/18/2006 at 10:00 AM at the mediator's office. (cmf, COURT STAFF) (Filed on 10/28/2005) (Entered: 10/28/2005)
15 Letter from David B. Simpson. (Simpson, David) (Filed on 11/23/2005) (Entered: 11/23/2005)
16 ORDER PERMITTING ALTERNATIVE MEET AND CONFER PROCEDURE re 15 Letter filed by Amelco Corporation,, Amelco Electric San Francisco,. Signed by Judge Maria-Elena James on 11/28/2005. (mejlc1, COURT STAFF) (Filed on 11/28/2005) (Entered: 11/28/2005)
17 STIPULATION TO BRIEFLY EXTEND DEADLINE FOR CONDUCTING MEDIATION; AND ORDER THEREON by Amelco Electric San Francisco,

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Amelco Corporation. (Simpson, David) (Filed on 1/18/2006) (Entered: 01/18/2006)
18 ORDER EXTENDING MEDIATION DEADLINE re 17 Stipulation filed by Amelco Corporation,, Amelco Electric San Francisco,. Signed by Judge Maria-Elena James on 1/18/2006. (mejlc1, COURT STAFF) (Filed on 1/18/2006) (Entered: 01/18/2006)
Set/Reset Hearings: Mediation Hearing reset for 2/8/2006 at 10:00 AM at the mediator's office. (cmf, COURT STAFF) (Filed on 1/19/2006) (Entered: 01/19/2006)
19 CERTIFICATION OF MEDIATION Session by Michael W. Bien; Mediation session held 2/8/2006; Phone discussions expected by 2/17/2006; Mediation process continues. (cmf, COURT STAFF) (Filed on 2/14/2006) (Entered: 02/14/2006)
Pre MED phone conference scheduled on Friday, February 24, 2006 at 9:30 a.m. PST. (af, COURT STAFF) (Filed on 2/22/2006) (Entered: 02/22/2006)
20 CERTIFICATION OF MEDIATION Session dated 3/31/2006 by Mediator, Michael W. Bein; Mediation session held 3/27/2006; Phone discussions expected by 4/30/2006; Mediation process continues. (cmf, COURT STAFF) (Filed on 4/4/2006) (Entered: 04/04/2006)
21 NOTICE of Settlement by Equal Employment Opportunity Commission (Attachments: # 1 Proposed Order Settlement Agreement and Proposed Order)(Cheung, Raymond) (Filed on 8/16/2006) (Entered: 08/16/2006)
22 ORDER VACATING PRETRIAL AND TRIAL DATES re 21 Notice of Settlement filed by Equal Employment Opportunity Commission,. Signed by Judge Maria-Elena James on 8/17/2006. (mejlc1, COURT STAFF) (Filed on 8/17/2006) (Entered: 08/17/2006)
23 NOTICE of Voluntary Dismissal with Prejudice by Equal Employment Opportunity Commission (Attachments: # 1 Supplement)(Cheung, Raymond) (Filed on 8/21/2006) (Entered: 08/21/2006)
24 ORDER DISMISSING CASE, CLOSING FILE re 23 Notice of Voluntary Dismissal filed by Equal Employment Opportunity Commission,. Signed by Judge Maria-Elena James on 8/21/2006. (mejlc1, COURT STAFF) (Filed on 8/21/2006) (Entered: 08/21/2006)

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[CONTENT] June 20, 2005 | the San Francisco District Office of the Equal Employment Opportunity Commission | the Northern District | California | the Civil Rights Act | 1964 | Amelco Electric S.F., Inc. | Amelco Corporation ||| EEOC | Amelco | Amelco ||| EEOC | Amelco ||| EEOC | May 4, 2006 | EEOC | Amelco Electric Company, Inc |||  ||| The Settlement Agreement | August 28, 2006 | EEOC | 125,000 [SUMMARY] On June 20, 2005, the San Francisco District Office of the Equal Employment Opportunity Commission brought this action in the Northern District of California under Title VII of the Civil Rights Act of 1964 against Amelco Electric S.F., Inc. and Amelco Corporation. The EEOC, who brought suit on behalf of a male electrician and other similarly situated employees who worked for Amelco, asked the court for injunctive relief and monetary damages, claiming that Amelco had subjected its employees to disparate treatment, a hostile work environment, and termination because of their sex, race, national origin, and religion. The EEOC further alleged that Amelco retaliated against an employee and fired him for his complaints of discrimination. The EEOC filed a similar action on behalf of different Amelco employees on May 4, 2006 (see EEOC v. Amelco Electric Company, Inc, EE-CA-0013 on this site). Though the cases were not consolidated, the parties agreed to settle both matters simultaneously. 

The Settlement Agreement, which took effect on August 28, 2006, bound Amelco to not retaliate against the individuals who complained of discrimination the EEOC, and awarded the plaintiffs $125,000. 
