1

WILLIAM R. TAMAYO - #084965 (CA)

JONATHAN T. PECK - #12303 (VA)

2

MARCIA L. MITCHELL - #18122 (WA)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

3

San Francisco District Office

350 The Embarcadero, Suite 500

4

San Francisco, CA 94105

Telephone No. (415) 625-5651

5

Fax No. (415) 625-5657

,- -" .

6

Attorneys for Plaintiff

7

UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9

)

10 11 12 13 14

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

) )

:"jfij~~ A 6 . . Plaintiff,

~» W; " v.

)

FIRST WATCH RESTAURANTS, INC.,

) )

CIVIL ACTION NO.
COMPLAINT Civil Rights

614

Defendant.

)

- Employment Discrimination

) )

JURY TRIAL DEMAND

15

)
---------------------------)

16

17

NATURE OF THE ACTION

18

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

19 Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to provide

20 appropriate relief to Charging Parties, Rebecca Schley, April Cohick and other similarly situated

21 individuals (the claimants) who were adversely affected by such practices. As alleged below,

22 defendant FIRST WATCH RESTAURANTS, INC. subjected the claimants to a hostile work

23 environment based on sex. female.

24

JURISDICTION AND VENUE

25

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

26 1343, and 1345. This action is authorized and instituted pursuant to §706(f)(1) and (3) of Title

27 VII of the Civil Rights Act of 1964, as amended (Title VII), 42 V.S.c. §2000e-5(f)(1) and (3),

28 and §I02 ofthe Civil Rights Act of 1991,42 U.S.c. §1981 a.

COMPLAI~T

1

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

2

committed in Burlingame, California, within the jurisdiction of the United States District Court

3

for the Northern District of California.

4

PARTIES

5

3. Plaintiff, the Equal Employment Opportunity Commission (EEOC), is the agency

6

of the United States of America charged with the administration, interpretation, and enforcement

7

of TitIe VII and is expressly authorized to bring this action by §706(f)(1) and (3) of TitIe VII, 42

8

U.S.c. §2000e-5(f)(1) and (3).

9

4. At all relevant times, Defendant is and was a corporation doing business in the

10 State of California, and has continuously had at least 15 employees.

11

5. At all relevant times, Defendant has continuously been an employer engaged in an

12 industry affecting commerce, within the meaning of §701(b), (g), and (h) of Title VII, 42 U.S.c.

13 § 2000e(b), (g), and (h).

14

STATEMENT OF CLAIMS

15

6. More than thirty days prior to the institution of this lawsuit, Rebecca Schley and

16 April Cohick filed charges of discrimination with the EEOC alleging violations of TitIe VII by

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

18

7. Since at least December 2004, Defendant has engaged in unlawful practices at its

19 Burlingame, California location in violation of §703(a)(1) ofTitIe VII, 42 U.S.c. §2000e-2(a)(1).

20 The harassment included both verbal and physical acts. These practices, which continued on a

21 regular basis, included SUbjecting the Ms. Schley, Ms. Cohick and other similarly situated

22 women to harassment on the basis of their sex, female which created an offensive, abusive,

23 intimidating, and hostile work environment.

24

8. The effect of the practices complained of in paragraph 7 above has been to deprive

25 the Ms. Schley, Ms. Cohick and other similarly situated women of equal employment

26 opportunities and to otherwise adversely affect them because of their sex, female.

27

9. The unlawful employment practices complained of in paragraph 7 above were and

28 are intentional.

2 COMPLAINT

I

10. The unlawful employment practices complained of in paragraph 7 above were

2

done with malice and/or reckless indifference to the federally protected rights ofthe Ms. Schley,

3

Ms. Cohick and other similarly situated women.

4

PRAYER FOR RELIEF

5

WHEREFORE, the Commission respectfully requests that this Court:

6

A. Grant a permanent injunction enjoining Defendant Employer, its officers,

7

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

8

harassment based on sex and any other employment practice which discriminates on the basis of

9

sex.

10

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

11 provide equal employment opportunities for its employees and which eradicate the effects of its

12 past and present unlawful employment practices.

13

C. Order Defendant to make whole Ms. Schley, Ms. Cohick and other similarly

14 situated women by providing compensation for past and future pecuniary losses resulting from

IS the unlawful employment practices described above, with interest, in amounts to be determined

16 at trial.

17

D. Order Defendant to make whole Ms. Schley, Ms. Cohick and other similarly

18 situated women by providing compensation for past and future non-pecuniary losses caused by

19 the above unlawful conduct, including pain and suffering, emotional distress, indignity, loss of

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

21

E. Order Defendant to pay Ms. Schley, Ms. Cohick and other similarly situated

22 women punitive damages for its malicious and reckless conduct described above, in amounts to

23 be determined at trial.

24

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

25

G. Award the Commission its costs in this action.

26 III

27 III

28 III

3 COMPLAINT

1

JURY TRIAL DEMAND

2

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

3 Ronald S. Cooper

4

General Counsel

5

James L. Lee

Deputy General Counsel

6 Gwendolyn Young Reams

7

Associate General Counsel

8

Equal Employment Opportunity

Commission

9

1801 L Street, N.W.

Washington, DC 20507

10

11

,;=1 , 12 Date: September

2006

13

14

15

16 MARCIA L. MITC ELL

17

Senior Trial Attorney

18

Equal Employment Opportunity

Commission

19

San Francisco District Office

350 The Embarcadero, Suite 500

20

San Francisco, California 94105-1260

Telephone: (415) 625-5651

21

22

23

24

25

26

27

28

4 COMPLAINT

 </s> Case 3:06-cv-06143-EMC Document 5 Filed 11/14/2006 Page 1 of 14

1 WILLIAM R. TAMAYO - #084965 (CA) JONATHAN T. PECK - #12303 (VA)
2 MARCIA L. MITCHELL - #18122 (WA) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 San Francisco District Office 350 The Embarcadero, Suite 500
4 San Francisco, CA 94105 Telephone No. (415) 625-5651
5 Fax No. (415) 625-5657

6 Attorneys for Plaintiff
7 UNITED STATES DISTRICT COURT
8 NORTHERN DISTRICT OF CALIFORNIA
9

10 11

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

) ) )

CIVIL ACTION NO. C 06 6143 EMC

12 Plaintiff,
13 v.
14

)

) )

CONSENT DECREE

)

)

)

15

FIRST WATCH RESTAURANTS, INC.

) )

16

Defendant.

) )

17

18 1. 19 20 21 22 23 24 25 26 2. 27 3. 28

Plaintiff U.S. Equal employment Opportunity Commission (“Commission” or “EEOC”) brought this lawsuit under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, to correct alleged unlawful employment practices on the basis of sexual harassment and to make whole Rebecca Schley, April Cohick and other similarly situated employees of the defendant aggrieved by the alleged unlawful practices. Plaintiff alleged that Defendant First Watch Restaurants, Inc. (hereinafter “First Watch” or “the Company”) unlawfully subjected Ms. Schley, Ms. Cohick and others to a sexually hostile work environment. First Watch denies these allegations. In the interest of resolving this matter, and as a result of having engaged in

Consent Decree C IVIL AC T IO N NO . C 06 61 43 EM C
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1

comprehensive settlement negotiations, the Commission and First Watch (hereinafter

2

referred to as “the Parties”) have agreed that this action should be finally resolved by

3

entry of this Consent Decree. This Consent Decree shall not constitute an adjudication

4

and/or finding on the merits of the case.

5 4. The parties agree that this Consent Decree resolves all claims arising out of EEOC

6

Charge Numbers 370-2005-01484 (Schley) and 370-2005-01485 (Cohick) and the

7

EEOC’s investigation of said charges, including any charges of discrimination which

8

could have been filed with the EEOC by Alina Itkin, Sarah Williams, and Gertrude

9

Sanchez, and all claims plead in the complaint filed in this action. The parties further

10

agree that this Consent Decree constitutes a complete resolution of all claims of sexual

11

harassment under Title VII that have been made, inclusive of claims of retaliation by First

12

Watch against Rebecca Schley, or claims which could have been made by the

13

Commission in this action. This Consent Decree does not, however, resolve any future

14

charges which may arise based on claims which may be brought by other employees of

15

First Watch based upon charges separate and distinct from the conduct which is the

16

subject of the action.

17 5. This Consent Decree comprises the full and exclusive agreement of the parties with

18

respect to the matters discussed herein. No waiver, modification or amendment of any

19

provision of this Consent Decree shall be effective unless made in writing and approved

20

by all the Parties to this Decree, except that any substantive change, modification or

21

amendment of any provision of this Consent Decree shall require approval by the Court.

22

NOW, THEREFORE, in consideration of the mutual promises and agreements set forth

23 herein, the sufficiency of which is hereby acknowledged, IT IS ORDERED, ADJUDGED AND

24 DECREED that:

25 6. This Court has jurisdiction over the subject matter and the parties to this action. This

26

Court will retain jurisdiction over this Decree for all purposes until the expiration of First

27

Watch’s obligations as set forth herein.

28 7. The entry of this Consent Decree will further the objectives of Title VII and will be in the

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1

best interest of the Parties, those for whom EEOC seeks relief and the public.

2 8. This Consent Decree is final and binding upon the Parties, their successors and assigns.

3 Scope of the Consent Decree

4 9. The duration of the Consent Decree shall be two (2) years from the date of entry of the

5

Decree, provided that First Watch has complied substantially with the terms of this

6

Consent Decree. First Watch will be deemed to have complied substantially if the Court

7

has not made any finding or orders during the term of the Consent Decree that the First

8

Watch has failed to comply with any terms of this Consent Decree. During the two-year

9

term of this Consent Decree, this Court shall retain jurisdiction over this matter and the

10

Parties for the purpose of enforcing compliance with the Consent Decree, including

11

issuing such orders as may be required to effectuate its purposes.

12 General Injunctive Provisions

13 10. Discriminatory Harassment: First Watch and its officers, agents, managers (including

14

supervisory employees), successors and assigns, and all those in active concert or

15

participation with them is enjoined from: (a) discriminating against persons on the basis

16

of sex in the terms and conditions of employment; (b) engaging in or be a party to any

17

action, policy or practice that is intended to or is known to them to have the effect of

18

harassing or intimidating any employee on the basis of sex; or (c) creating, facilitating or

19

permitting the existence of a sexually hostile work environment.

20 11. Retaliation: First Watch its officers, agents, managers (including supervisory employees),

21

successors or assigns, and all those in active concert or participation with them, is

22

enjoined from engaging in, implementing or permitting any action, policy or practice with

23

the purpose of retaliating against any current or former employee of First Watch because

24

he or she has in the past, or during the term of this Consent Decree (a) opposed any

25

practice of harassment or other discriminatory acts on the basis of sex made unlawful

26

under Title VII; (b) filed a Charge of Discrimination alleging any such practice; (c)

27

testified or participated in any manner in any investigation (including, without limitation,

28

any internal investigation undertaken by First Watch), proceeding or hearing in

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1

connection with this case (d) was identified as a possible witness in this action; (e)

2

asserted any rights under this Consent Decree; or (f) sought and/or received any monetary

3

or non-monetary relief in accordance with this Consent Decree.

4

MONETARY RELIEF

5 12. For purposes of this decree, the term “Claimants” refers Rebecca Schley, April Cohick,

6

Alina Itkin, Sarah Williams, Gertrudes Sanchez who the EEOC determined were entitled

7

to recover monetary relief pursuant to this decree. It is expressly agreed by the parties

8

that no other individuals are entitled to any monetary relief under the terms of this decree

9

or stemming from the complaint filed in this lawsuit.

10 13. In settlement of the EEOC’s claims, First Watch shall pay the gross sum of $230,000.00

11

(Two Hundred Thirty Thousand Dollars and No Cents). The EEOC shall determine the

12

gross amount of monetary relief to which each Claimant is entitled and shall inform

13

Defendant of the amounts within ten (10) days of entry of this decree.

14 14. The monetary relief for each Claimant shall be issued in checks drafted in their own

15

names and delivered to the EEOC for distribution. First Watch shall make payment in the

16

form of a business check, cashier’s check, or certified check. First Watch also will issue

17

an IRS Form 1099 for each of the checks issued pursuant to this paragraph.

18

a. First Watch will mail each check and IRS Form 1099 to Marcia Mitchell, Senior

19

Trial Attorney for the EEOC, at 350 The Embarcadero, San Francisco, CA 94105.

20

b. Payment of monetary relief to the Claimants shall be contingent on the execution

21

of a release of all claims.

22 15. Payment shall be made no later than ten (10) days after receiving a signed release from

23

the Claimant as specified in paragraph 15(b), above. The failure of any Claimant to

24

execute a release shall not affect the payment of settlement funds to any Claimant who

25

has satisfactorily executed her own release.

26

SPECIFIC INJUNCTIVE RELIEF

27 16. First Watch affirms the following “Statement of Zero-Tolerance Policy and Equality

28

Objectives”:

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1

First Watch is firmly committed to maintaining a zero-tolerance

2

policy concerning discriminatory harassment and retaliation against

3

individuals who report harassment in the company’s workplace; to

4

swiftly and firmly responding to any acts of harassment and

5

retaliation of which the company becomes aware; to implementing

6

a disciplinary system that is designed to strongly deter future acts

7

of harassment or retaliation; and to actively monitoring its

8

workplace in order to ensure tolerance, respect and dignity for all

9

people.

10 This paragraph does not create any individual contractual or common law causes of action or

11 other rights that would not otherwise exist under statute.

12 17. EEO and Harassment Policies

13

a. First Watch shall maintain Equal Employment Opportunity (EEO) & harassment

14

policies which: (i) include definitions of discriminatory harassment, with specific

15

reference to harassment based on sex; (ii) include examples to supplement the

16

definitions of harassment based on sex; (iii) provide for substantial and

17

progressive discipline and/or corrective action for incidents of discriminatory

18

harassment; (iv) include strong non-retaliation language with examples to

19

supplement the definition of retaliation, (v) provide for substantial and

20

progressive discipline for incidents of retaliation; (vi) provide that complaints of

21

harassment and/or retaliation will be accepted irrespective of whether they are

22

made verbally or in writing; (vii) provide a timetable for commencing an

23

investigation after a complaint is made or received and for remedial action to be

24

taken upon conclusion of an investigation; and (viii) indicate that, promptly upon

25

the conclusion of the investigation of a complaint, First Watch will communicate

26

to the complaining party the results of the investigation and the remedial actions

27

taken or proposed, if any.

28

b. First Watch shall effectively disseminate its policies and procedures by:

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1

i. distributing copies of the policy to all current employees within 30 days of

2

its adoption;

3

ii. Giving a copy of the policy to and reviewing the policy with all new

4

employees upon the employees’ hire.

5

iii. Requiring each employee who receives a copy of the policies and

6

procedures to sign a statement acknowledging their receipt fo the policies.

7

c. In the event that First Watch decides to revise its EEO policies and procedures

8

during the term of the decree, First Watch will submit a copy of the revised EEO

9

and harassment policies to EEOC to the EEOC for its review at least thirty (30)

10

days before the anticipated date of implementation. The EEOC will notify First

11

Watch within fourteen (14) days of receipt of the revised policies if it has any

12

concerns about the proposed revisions.

13

Complaint Procedures:

14

d. First Watch shall maintain a complaint procedure designed to encourage

15

employees to come forward with complaints about violations of its harassment

16

policy. As part of the policy, First Watch shall provide its employees with

17

convenient, confidential and reliable mechanisms for reporting incidents of

18

harassment and retaliation. First Watch’s complaint procedure and harassment

19

policy shall notify employees that they can lodge a complaint with their

20

immediate supervisor or the People Department and shall provide the name and

21

telephone numbers for the Director of the People Department. Contact

22

information for the Director of the People Department also shall be continuously

23

posted in a prominent place at all of First Watch’s business locations.

24

e. First Watch will submit a copy of the complaint procedures to the EEOC at the

25

same time it submits its certification of completion of training as required below.

26 18. Posting of Notice. The attached Notice shall be, and remain, posted in a clearly visible

27

location frequented by employees at each of First Watch’s restaurants during the term of

28

this Consent Decree.

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1

TRAINING

2 19. Training of Employees. First Watch shall maintain a policy and practice of requiring all

3

new employees to receive anti-harassment training at the commencement of their

4

employment and refresher training every six months throughout the duration of this

5

Consent Decree. The purpose of said training shall be to give participants a thorough

6

understanding of harassment issues, particularly sexual harassment, including but not

7

limited to theories of liability under Title VII, sources of legal protection for sexual

8

harassment victims and the employer’s obligation to take preventive, investigative and

9

remedial action with respect to harassment complaints and to review company policies

10

(including discipline policies) and practices related to sexual harassment and retaliation.

11

The training shall be designed by First Watch in consultation with Daniel E. Burke, a

12

partner with Graydon Head & Ritchey LLP, who will provide legal counsel regarding the

13

current status of the law. The training will be presented by Joel Petersen, Vice President

14

of Management Development and Training and/or Carol Porter Newberry, Vice President

15

People and conducted with specific reference to the anti-harassment policies of the First

16

Watch. First Watch can supplement in-person training with on-line training from the

17

www.LawRoom.com website to satisfy all requirements of this paragraph with the

18

exception of instruction regarding employees’ responsibilities under First Watch’s anti-

19

harassment policies.

20 20. Training of Managers. First Watch shall maintain a policy and practice incorporating a

21

minimum of one-hour of anti-harassment training for all new managers. New managers

22

shall receive such training no later than sixty (60) days of their hire or promotion into a

23

management position. The purpose of said training shall be to give participants a

24

thorough understanding of harassment issues, particularly sexual harassment, including

25

but not limited to theories of liability under Title VII, sources of legal protection for

26

sexual harassment victims and the employer’s obligation to take preventive, investigative

27

and remedial action with respect to harassment complaints and to review company

28

policies (including discipline policies) and practices related to sexual harassment and

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1

retaliation. The training also shall inform managers of their responsibilities under First

2

Watch’s anti-harassment policies and shall specifically instruct them regarding the

3

supervisor accountability provisions in paragraph 25, below. First Watch may utilize on-

4

line training from the www.LawRoom.com website to satisfy all requirements of this

5

paragraph with the exception of instruction regarding managers’ responsibilities under

6

First Watch’s anti-harassment policies and supervisor accountability.

7

a. In the event that First Watch decides to use an on-line training program other the

8

www.LawRoom.com, for either the training provided under this paragraph, or the

9

training provided under paragraph 19, above, First Watch will notify the EEOC,

10

providing the website address for the new website for the EEOC’s review and

11

consideration at least thirty (30) days before the anticipated date of

12

implementation. The EEOC will notify First Watch within fourteen (14) days of

13

receipt of the new website if it has any concerns regarding the website’s

14

compliance with paragraph 19, above.

15 21. Supervisors and/or managers who will assume responsibility for enforcing Defendants’

16

EEO and harassment policies upon expiration of the Consent Decree shall also receive

17

training on appropriate techniques for documenting and investigating complaints of

18

harassment. The training on investigative techniques can be included as a component of

19

the mandatory discriminatory harassment training.

20 22. The cost of the training described in paragraphs 19-21, above, shall be borne by

21

Defendants.

22 23. Acknowledgment of Training Attendance. All persons attending mandatory anti-

23

harassment training pursuant to this Consent Decree shall sign an acknowledgment of

24

their attendance at the training, the date thereof, and their position with the company.

25

First Watch shall retain the originals of these acknowledgments and provide the EEOC

26

with a copies thereof.

27

POLICIES DESIGNED TO PROMOTE SUPERVISOR ACCOUNTABILITY

28 24. Communication of Potential Discipline for Engaging in Harassment. First Watch shall

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impose substantial discipline, up to and including termination, suspension without pay or

2

demotion, upon any supervisor or manager who engages in sexual harassment or permits

3

any such conduct to occur in his or her work area or among employees under his or her

4

supervision, or who retaliates against any person who complains or participates in any

5

investigation or proceeding concerning such conduct. First Watch shall communicate this

6

policy to all of its supervisors and managers.

7

a. First Watch shall advise all managers and supervisors of their duty to actively

8

monitor their work areas to ensure employee compliance with the company’s anti-

9

harassment policies, and to report any incidents and/or complaints of harassment

10

and/or retaliation of which they become aware to the department charged with

11

handling such complaints.

12

b. First Watch shall communicate this policy to all other supervisors and managers at

13

the time they are hired or promoted to supervisor/manager and subsequently, on

14

an annual basis.

15

EXPUNGEMENT OF RECORDS AND DISCLOSURE OF INFORMATION

16

REGARDING CLAIMANTS’ EMPLOYMENT

17 25. First Watch shall not disclose any information or make references to any charges of

18

discrimination or this lawsuit in responding to employment reference requests for

19

information about any of the Claimants.

20 26. First Watch shall remove from Rebecca Schley’s and April Cohick’s personnel files any

21

references to a charge of discrimination against First Watch and this lawsuit and shall

22

retain such documents in sealed files separate and apart from all other personnel files.

23 27. From the date of entry of this Consent Decree, First Watch shall not disclose in response

24

to inquiries from potential employers, any information regarding any Claimants’

25

employment with First Watch except as follows:

26

a. In response to a specific inquiry, First Watch may disclose the Claimant’s dates of

27

employment, position held and final rate of pay;

28

b. First Watch may report any information as required to state or federal authorities;

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1

and;

2

c. First Watch may disclose information under Court order;

3

d. First Watch shall advise managers and any officials or agents of First Watch who

4

are responsible for responding to employment reference checks of the foregoing.

5

REPORTS TO THE COMMISSION

6 28. Training Report Within thirty (30) days of completion of the training required by this

7

Consent Decree, First Watch will send the EEOC verification of its completion of

8

harassment training for its employees in the form of a sworn declaration of completion

9

from an agent of the corporation and copies of the acknowledgments of training signed by

10

attendees, see paragraph 23, supra..

11 29. Sexual Harassment Complaint Reports Within six (6) months after entry of this Decree,

12

and every six months thereafter, First Watch will mail to counsel for the Commission a

13

report containing the following information and documentation covering the previous six-

14

month period:

15

a. Copies of all sexual harassment complaints made since the submission of the

16

immediately preceding report hereunder, and a statement as to each, as to the

17

result of the investigation of such complaints. Additionally, First Watch will

18

identify the name, address and telephone number of the complainant and identify

19

the person who received the complaint. First Watch will also detail the results of

20

any investigation into sexual harassment that it has undertaken since the

21

submission of the immediately preceding report. A copy of all records,

22

documents and other writings relevant to such complaints and investigations shall

23

be maintained by First Watch during the period fo the Consent Decree and will be

24

made available to the Commission within ten (10) days following a written

25

request from the Commission to First Watch’s counsel.

26

RETENTION OF JURISDICTION AND EXPIRATION OF CONSENT DECREE

27 30. This Consent Decree shall terminate two (2) years from the date of entry by the court,

28

unless the Commission petitions this court for an extension of the Decree because of

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1

noncompliance by First Watch. If the Commission determines that First Watch has not

2

complied with the Consent Decree, the Commission will provide written notification of

3

the alleged breach to First Watch and will not petition the court for enforcement sooner

4

than sixty (60) days after providing written notification. The sixty-day period following

5

written notice shall be used by the parties for good faith efforts to resolve the issue. If the

6

Commission petitions the court and the court finds First Watch to be in substantial

7

violation of the terms of the Decree, the court may extend this Consent Decree

8 31. Except as provided in the preceding paragraph, two (2) years after the entry of this

9

Consent Decree, this lawsuit will be dismissed with prejudice, provided that the First

10

Watch has complied substantially with the terms of this Consent Decree. First Watch

11

will be deemed to have complied substantially if the Court has not made any findings or

12

orders during the term of the Decree that the First Watch has failed to comply with any of

13

the terms of this Decree.

14

15

***signature page follows***

16

17

18

19

20

21

22

23

24

25

26

27

28

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1 2 3 4 5 6
Dated: 11/13/06 7 8 9 Dated: 11/13/06 10 11
Dated: 11/13/06 12 13 14 15 16 17 Dated:___11/8/06___ 18 19 20 21 IT IS SO ORDERED; 22 Dated:___________ 23 24 25 26 27 28
Consent Decree C IVIL AC T IO N NO . C 06 61 43 EM C

Respectfully submitted,
RONALD S. COOPER General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, DC 20507
/S/ WILLIAM R. TAMAYO Regional Attorney
/S/ JONATHAN T. PECK Supervisory Trial Attorney
/S/ MARCIA L. MITCHELL Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 350 The Embarcadero, Suite 500 San Francisco, CA 94105 Telephone: (415) 625-5651 _______/s/________________ David M. King CARR MCCLELLAN INGERSOLL THOMPSON & HORN 216 Park Road Burlingame, CA 94010 Attorneys for Defendant
_______________________ U. S. District Judge
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Case 3:06-cv-06143-EMC Document 5 Filed 11/14/2006 Page 13 of 14

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ATTACHMENT

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“NOTICE”

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Consent Decree C IVIL AC T IO N NO . C 06 61 43 EM C
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Case 3:06-cv-06143-EMC Document 5 Filed 11/14/2006 Page 14 of 14

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NOTICE PUBLISHED PURSUANT TO CONSENT DECREE

EEOC v. First Watch Restaurants. Inc.

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Civil Action No. C-06-6143

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The U.S. Equal Employment Opportunity Commission (EEOC) sued First Watch Restaurants

4 (The Company) for sexual harassment in violation of Title VII of the Civil Rights Act of 1964 (Title VII).

The Company denied any liability. Pursuant to a Consent Decree which resolved this lawsuit, Judge

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Edward M. Chen, of the U.S. District Court, has ordered that this notice be posted until November 2008.

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Title VII makes it unlawful for any covered employer to discriminate against any employee or

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applicant for employment because of sex or subject them to harassment because of their sex. Title VII also

prohibits employers from retaliating against anyone who complains of discriminatory practices covered by

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Title VII, or who participated in the investigation of a complaint or charge of discriminatory practices.

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The Company respects the right of its employees and applicants for employment to work in an

10 environment free from discrimination. Accordingly, the Company affirms the following "Statement of

Zero-Tolerance Policy and Equality Objectives":

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The Company is firmly committed to maintaining a zero-tolerance policy concerning

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discriminatory harassment and retaliation against individuals who report harassment in

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the company's workplace; to swiftly and firmly respond to any acts of harassment and

retaliation of which the company becomes aware; to imposing appropriate discipline

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designed to strongly deter future acts of harassment or retaliation; and to actively monitor

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its workplace in order to ensure tolerance, respect and dignity for all employees.

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Any Company employee who feels that he or she has been the subject of harassment or retaliation

or has any similar work-related complaint, concern, or problem should bring it immediately to the

17 attention of their immediate supervisor or the People Department at

. In compliance with

18 federal law, no official at the Company will retaliate against an employee who makes an internal

19 complaint of discrimination or who contacts the EEOC or its state counterpart.
The EEOC is the federal government agency responsible for enforcing the national laws
20 prohibiting employment discrimination. Further information about the EEOC is available on its website at

21 www.eeoc.gov or at (800) 669-4000.

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Dated:
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CEO, First Watch Restaurants, Inc.

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Consent Decree C IVIL AC T IO N NO . C 06 61 43 EM C
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 </s> Case: 3:06-cv-06143-EMC As of: 02/24/2017 10:35 PM PST 1 of 2
ADRMOP,CLOSED,E−Filing
U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:06−cv−06143−EMC

Equal Employment Opportunity Commission v. First Watch Restaurants Inc Assigned to: Hon. Edward M. Chen Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 09/29/2006 Date Terminated: 11/20/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by Jonathan T. Peck U.S. EEOC 450 Golden Gate Ave POB 36025 San Francisco, CA 94102 415−522−3425 Fax: 415−625−5657 Email: Jonathan.Peck@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marcia L. Mitchell U.S. Equal Employment Opportunity Comm'n 350 The Embarcadero Suite 500 San Francisco, CA 94105−1687 (415) 625−5651 Fax: 415−625−5657 Email: marcia.mitchell@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

William Robert Tamayo U.S. EEOC 450 Golden Gate Ave POB 36025 San Francisco, CA 94102 415−522−3425 Fax: 415−625−5657 Email: william.tamayo@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant First Watch Restaurants Inc

represented by David M. King Carr, McClellan, Ingersoll, Thompson & Horn, PC 216 Park Road P. O. Box 513 (94011−0513) Burlingame, CA 94010−4206 (650) 342−9600 Fax: (650) 342−7685 Email: dking@carr−mcclellan.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 3:06-cv-06143-EMC As of: 02/24/2017 10:35 PM PST 2 of 2

Date Filed 09/29/2006
09/29/2006 09/29/2006 11/13/2006 11/14/2006 11/14/2006 11/20/2006 12/02/2008 12/05/2008

# Docket Text
1 COMPLAINT; summons issued against First Watch Restaurants Inc. Filed by Equal Employment Opportunity Commission. (slh, COURT STAFF) (Filed on 9/29/2006) Additional attachment(s) added on 10/4/2006 (slh, COURT STAFF). (Entered: 10/03/2006)
2 ADR SCHEDULING ORDER: Case Management Statement due by 12/27/2006. Case Management Conference set for 1/3/2007 01:30 PM. (Attachments: # 1 Standing Order)(slh, COURT STAFF) (Filed on 9/29/2006) (Entered: 10/03/2006)
CASE DESIGNATED for Electronic Filing. (slh, COURT STAFF) (Filed on 9/29/2006) (Entered: 10/03/2006)
3 CONSENT to Proceed Before a US Magistrate Judge by Equal Employment Opportunity Commission.. (Mitchell, Marcia) (Filed on 11/13/2006) (Entered: 11/13/2006)
4 CONSENT to Proceed Before a US Magistrate Judge by First Watch Restaurants Inc.. (King, David) (Filed on 11/14/2006) (Entered: 11/14/2006)
5 SETTLEMENT AGREEMENT Consent Decree by Equal Employment Opportunity Commission, Equal Employment Opportunity Commission. (Mitchell, Marcia) (Filed on 11/14/2006) (Entered: 11/14/2006)
6 ORDER re 5 Settlement Agreement filed by Equal Employment Opportunity Commission,. Signed by Judge Edward M. Chen on 11/20/06. (bpf, COURT STAFF) (Filed on 11/20/2006) (Entered: 11/20/2006)
7 STIPULATION AND ORDER RE DISMISSAL; EXPIRATION OF CONSENT DECREE by First Watch Restaurants Inc. (King, David) (Filed on 12/2/2008) (Entered: 12/02/2008)
8 STIPULATION AND ORDER re 7 Stipulation filed by First Watch Restaurants Inc. Signed by Judge Edward M. Chen on 12/5/08. (bpf, COURT STAFF) (Filed on 12/5/2008) (Entered: 12/05/2008)


[CONTENT] September 2006 | EEOC | San Francisco | California | First Watch Restaurant, Inc. | the U.S. District Court | the Northern District | California ||| Title VII of the Civil Rights Act ||| Two months ||| November 2006 ||| 230,000 |||  ||| two years | November 20, 2008 ||| December 2008 [SUMMARY] In September 2006, the EEOC district office in San Francisco, California brought this suit against First Watch Restaurant, Inc., a national restaurant franchise, in the U.S. District Court for the Northern District of California.  The complaint alleged that the defendant violated Title VII of the Civil Rights Act of 1964 when it discriminated against female employees by maintaining a sexually hostile work environment where they were subjected to verbal and physical acts of sexual harassment.  Two months after the initial complaint was filed, the parties consented to proceed before a magistrate judge and settled the case.  A consent decree was entered in November 2006.  

In the consent decree, the parties agreed that the defendant would refrain from retaliating and discriminating based on sex, pay the aggrieved women $230,000, distribute its anti-harassment policy, post an EEO notice, implement complaint procedures, provide all new managers and staff with EEO training, inform all its managers and supervisors of their duty to enforce policy, expunge complainants' employee records, and issue neutral references. No costs or fees were awarded. The terms of the decree were for two years, and ended on November 20, 2008. In December 2008, the parties stipulated that the defendant complied fully with the consent decree, and stipulated to dismissal of the case.
