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United States Courts
Southern District of Texas oT
FilED

APR 25 2002

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS

CORPUS CHRISTI DIVISION

Michael N. MilbV. Clerk of Court

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

Plaintiff,

§
§ C-02-175
§

§ CIVIL ACTION NO. _ _ __

v.

§

§

BAY, LTD.,

§ COMPLAINT AND

§ JURY TRIAL DEMAND

Defendant.

§

§

NATURE OF THE ACTIOri

This is an action under Title VII ofthe Civil Rights Act of 1964, as amended, and Title I of

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

origin, Hispanic. This action is also being brought to provide appropriate relief to Gerardo Garza

and other similarly situated individuals who were adversely affected by such practices. The

Commission alleges that Gerardo Garza, a Hispanic, and other similarly situated individuals,

Hispanic, were subjected to a hostile work environment by one of Bay, Ltd.'s supervisors on the

basis oftheir national origin, Hispanic, in violation ofSection 703(a) ofTitle VII. The Commission

contends that Defendant Bay's workplace is consumed by remarks and conduct that intimidate,

ridicule, and maliciously demean the status of Hispanic workers and adversely affect Hispanics'

employment opportunities. More specifically, the Commission alleges that Defendant, through its

managerial agent, harasses Hispanic employees by repeatedly (;alling them crude and derogatory

names associated with their national origin. The repeated and accumulated effects ofthe incidents

of humiliation and derogatory comments are severe and penasive and create an abusive work

environment on the basis of national origin, Hispanic.

\.

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JURISDICTION AND VENUE

1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343

and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) ofTitle VII

of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000.e-5(f)(I) and (3) ("Title VII") and

Section 102 ofthe Civil Rights Act of 1991,42 U.S.C. § 1981.

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

within the jurisdiction ofthe United States District Court for the Southern District ofTexas, Corpus

Christi Division.

PARTIES

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

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

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

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

4. Since at least July 2000, Defendant, Bay, Ltd. ("Bay"), has continuously been a Texas

corporation doing business in the State ofTexas and the City ofCorpus Christi, and has continuously

had at least 15 employees.

5. Since at least July 2000, Defendant Bay, Ltd. has continuously been an employer

engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of

Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

STATEMENT OF CLAIMS

6. More than thirty days prior to the institution of this lawsuit, Gerardo Garza filed a

charge with the Commission alleging violations ofTitle VII by Defendant Bay, Ltd. All conditions

precedent to the institution ofthis lawsuit have been fulfilled.

Complaint

Page 2

7. Since at least July 2000, Defendant Bay, Ltd. has engaged in unlawful employment practices at its Corpus Christi, Texas, facility, in violation of Section 703(a) of Title VII, 42 U.S.c. § 2000e-2(a). These unlawful employment practices include subjecting Gerardo Garza and other similarly situated Hispanic individuals to a discriminatory hostile work environment based on national origin, Hispanic. More specifically, during the course oftheir employment, Gerardo Garza and other similarly situated Hispanic individuals were subjected to harassment in the form of derogatory slurs by one Defendant Bay's supervisors.
8. The effect of the practices complained of in paragraph seven (7) above has been to deprive Gerardo Garza and other similarly situated Hispanic individuals of equal employment opportunities and otherwise adversely affect their status as employees because of their national origin, Hispanic.
9. The unlawful employment practices complained ()fin paragraph seven (7) above were intentional.
10. The unlawful employment practices complained ofin paragraph seven (7) above were done with malice or with reckless indifference to the federally protected rights ofGerardo Garza and other similarly situated Hispanic individuals.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Bay, Ltd., its officers, successors, assigns, and all persons in active concert or participation with it.. from engaging in any employment practice which discriminates on the basis of national origin. B. Order Defendant Bay, Ltd. to institute and carry out policies, practices, and programs

Complaint

Page 3

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which provide equal employment opportunities for all persons of all national origins, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant Bay, Ltd. to make whole Gerardo Garza and other similarly situated Hispanic individuals, who were adversely affected by the unlawful employment practices described in paragraph seven (7) above, by providing appropriate affirmative reliefnecessary to eradicate the effects of its unlawful employment practices.
D. Order Defendant Bay, Ltd., to make whole Gerardo Garza and other similarly situated Hispanic individuals, by providing compensation for past and ful ure pecuniary losses resulting from the unlawful employment practices described in paragraph se:ven (7) above, including, but not limited to, job search expenses, in amounts to be determined at trial.
E. Order Defendant Bay, Ltd., to make whole Gerardo Garza and other similarly situated Hispanic individuals, by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph seven (7) above, including, but not limited to, emotional pain, suffering, loss ofenjoyment oflife, and humi'liation, in amounts to be determined at trial.
F. Order Defendant Bay, Ltd., to pay Gerardo Garza and other similarly situated Hispanic individuals punitive damages for its malicious a:nd reckless conduct described in paragraphs seven (7) through ten (10) above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action. JURY TRIAL DEMAND

Complaint

Page 4

, ,

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G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.

Complaint

Respectfully Submitted,
GWENDOLYN YOUNG REAMS Associate General Counsel
ROBERT B. HARWIN Regional Attorney District of Columbia State Bar No. 076083
~,~.~/~ LINDAG1~ I ~~
Supervisory Trial Attorney Texas State Bar No. 08642750 S.D. BarNo. 14464
~W-~
SELENA N. SOLIS Trial Attorney Texas State Bar No. 00797471 S.D. Bar No. 20506 Attorney-In-Charge
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229-3555 (210) 281-7679 (210) 281-7669 (fax)
ATTORNEYS FOR PLAINTIFF
PageS

 </s> IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS

CORPUS CHRISTI DIVISION

USnoiutetdheSrntaDt.ilDtrilclttrolcftTCeoxuarst ENTERED

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

Plaintiff,

§

§

v.

§

§

§

BAY, LTD.,

§

Defendant

§

MAR 25 2003
..... N. Milby. Clerk of Court
Civil Action No. C-02-175

--------------------------------§

CONSENT DECREE The parties to this Consent Decree are the Plaintiff, United States Equal Employment Opportunity Commission ("EEOC"), and Defendant, Bay, Ltd ("Bay"). This Consent Decree resolves the allegations raised by the EEOC referenced in the above-referenced Civil Action No. C02-CA-17S. The EEOC initiated this lawsuit under Title VII of the Civil Rights Act of 1964, as amended and Title I of the Civil Rights Act of 1991, to correct alleged unlawful employment practices on the basis of national origin and to provide appropriate relief to Gerardo Garza, and a class of similarly situated individuals, who the EEOC maintains were adversely affected by these alleged practices. The EEOC alleged that Gerardo Garza, a Hispanic, and other similarly situated individuals, Hispanic, were subjected to a hostile work environment by one of Bay. Ltd.'s supervisors on the basis of their national origin, Hispanic, in violation of Section 703(a) of Title VII. The EEOC, and Defendant, Bay. Ltd. wish to settle this action, without the necessity of further litigation, pursuant to the terms delineated in this Decree. Neither Bay's consent to the entry of this Decree, nor any of the terms set forth in it, shall constitute or be construed as Bay's admission

of any Title VII or Title I violation. IT IS ORDERED, ADJUDGED AND DECREED as follows: 1. This Court has jurisdiction of the subject matter of this action and the parties; venue
is proper, and all administrative prerequisites to the EEOC's filing of this action have been met. The parties stipulate to the Court's jurisdiction.
2. This Decree resolves those claims against Bay. Ltd. raised in EEOC's Complaint in this case. EEOC expressly reserves its right, however, to process and litigate any other charges which may now be pending or may in the future be filed against Defendant Bay, Ltd.
3. The duration of this Decree shaH be two (2) years from the date of its filing with the Court. This Court retains jurisdiction of this action for a period of two (2) years and may enter such other and further relief as it deems appropriate to ensure implementation and enforcement of its provisions. If the EEOC believes that this Decree has been violated by Defendant, the EEOC must within the two-year period of this Decree file a pleading with the Court alleging that a violation has occurred. Said filing shall toll the running of the two-year period as of the date of the filing of said pleading. If the Court determines that this Consent Decree was violated, the Court shall determine what relief is appropriate for Defendant Bay Ltd.' s violation of this Decree. Should the Court find this Consent Decree was not violated, the original two-year period set forth in this Consent Decree shall be deemed to have run continuously as of the date of entry of this Consent Decree. Should no finding be made by the Court within two years and six months of this Consent Decree, the Consent Decree shall expire.
4. Defendant Bay, Ltd. and its successors are enjoined, during the term of this Consent Decree, from discriminating against any employee on the basis of national origin, including but not limited to creating a hostile work environment that can lead to a constructive discharge, and from

Consent Decree

Page 2

engaging in any other act or practice which has the purpose or effect of unlawfully discriminating against any employee on the basis of national origin.
5. Defendant Bay, Ltd. shall provide its employees with a place of employment free of discrimination on the basis of national origin.
6. Defendant Bay, Ltd. agrees to post a notice, for at least the duration of this Decree, of its intent to comply with Title VI1. This notice is set forth in Exhibit "A" which is attached to this Decree. Defendant Bay, Ltd. agrees to post a copy of Exhibit "A" in a conspicuous place at Bay facilities in Corpus Christi, Texas, within ten days after this Decree is filed.
7. Within 90 days of the date of entry of this Decree, all general foremen, superintendents, and project managers then employed by Bay Ltd. at its facilities located in Corpus Christi, Texas, shall participate in EEO Title VI1 discrimination training of not less than one hour. Said training will be provided by Liza Marie Aguilar and/or James F. McKibben, Jr. of Hermansen, McKibben, Woolsey & Villarreal, L.L.P. Within 30 days prior to the date scheduled for this training Bay, Ltd. shall furnish to the EEOC a written report describing the training to be attended by the employees referred to in this paragraph.
8. Non-discrimination and Anti-Harassment Policies: Defendant Bay, Ltd. shall ensure that within 90 days of the entry of this Consent Decree, that its non-discrimination policies meet the following criteria:
(a) State that Bay, Ltd.: (i) prohibits discrimination against employees on the basis of national origin in violation of Title VI1; (ii) prohibits any act, policy or practice that has the effect of harassing or intimidating any employee on the basis of national origin in violation of Title VI1; and (iii) prohibits any act, policy or practice that has the effect of creating, facilitating or permitting the existence of a work environment that is hostile to employees through acts such as physical/verbal abuse and derogatory

Consent Decree

Page 3

comments based on national origin in violation of Title VII; (b) Define and provide examples of national origin harassment; said examples to be
included in the anti-harassment policy; (c) Provide for prompt investigation of discrimination complaints and for prompt action,
which is appropriate and effective, to remedy the discrimination; (d) Promptly communicate in writing to the complaining party upon the conclusion of
its investigation the results of the investigation and the remedial actions taken or proposed, if any; (e) Provide for substantial and progressive discipline for violating Bay. Ltd.'s antidiscrimination policy up to and including discharge; (f) Provide that all of Bay, Ltd.'s anti-discrimination policies and complaint procedures be in English and Spanish and drafted in plain and simple language. 9. Within ten (10) days from the filing date of this Decree and Bay Ltd.'s receipt of a signed notarized release from Gerardo Garza, Defendant Bay, Ltd., in settlement of this dispute, shall pay a total sum of$ 15 ,000.00 (FIF I EEN THOUSAND AND 00/100 DOLLARS) to Gerardo Garza. Payment shall be made by check and mailed directly to Gerardo Garza at the following address: Gerardo Garza, P.O. Box 584, Ingleside, Texas 78362. 10. A copy of the settlement check, and any accompanying transmittal documents shall be forwarded to: Robert B. Harwin, Regional Attorney, San Antonio District Office, United States Equal Employment Opportunity Commission, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229. 11. The parties to this Consent Decree shall bear their own costs and attorney's fees incurred in this action. The parties agree that, pursuant to Section 706(k) of Title VII, 42 U.S.c.

Consent Decree

Page 4

section 2000e-5(k), there is no "prevailing party" in this action or proceeding.

12. The terms of this Consent Decree shall be binding upon the EEOC and Bay, Ltd. and

its successors as to the issues resolved herein.

The Clerk shall furnish a copy hereof to each attorney of record.

SO ORDERED.
cL. /fr~ Signed this ).!t!ctay of

,2003.

exas State Bar No. 13 Federal 1.0. No. 914 Attorney-in-Charge
Consent Decree

Respectfully submitted, GWENDOLYN YOUNG REAMS Associate General Counsel
ROBERT B. HARWIN Regional Attorney D.C. State Bar No. 076083

(
S, pervisory Trial Attorney
exas State Bar No. 19708300 S.D. Bar No. 14850
DAVID RIVELA Texas State Bar No. 00797324 S.D. Bar No. 32914 Attorney-in-Charge

Page 5

HERMANSEN, McKIBBEN, WOOLSEY
& VILLARREAL, L.L.P. 1100 Tower II 555 N. Carancahua. Corpus Christi, Texas 78478 Telephone: (361) 882-6611 Telecopier: (361) 883-8353
ATTORNEY FOR DEFENDANT

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229-3555 Telephone: (210) 281-7679 Telecopier: (210) 281-7669
ATTORNEYS FOR PLAINTIFF

Consent Decree

Page 6

EXHIBIT "A"
NOTICE TO ALL EMPLOYEES BAY, LTD., IS FIRMLY COMMITTED TO TREATING EMPLOYEES AND APPLICANTS FOR EMPLOYMENT ACCORDING TO MERIT WITHOUT REGARD TO THEIR RACE, RELIGION, COLOR, NATIONAL ORIGIN, SEX, OR THEIR HAVING ENGAGED IN ACTIVITY PROTECTED BY TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED. THIS POLICY APPLIES TO ALL EMPLOYMENT DECISIONS, INCLUDING RECRUITMENT, RETENTION, PROMOTION, TRANSFER, LAYOFF AND/OR TERMINATION, AND ALL OTHER TERMS AND CONDITIONS OF EMPLOYMENT BECAUSE OF HIS OR HER NATIONAL ORIGIN. IF YOU BELIEVE YOU ARE BEING DISCRIMINATED AGAINST IN ANY TERM OR CONDITION OF YOUR EMPLOYMENT BECAUSE OF YOUR RACE, RELIGION, COLOR, NATIONAL ORIGIN, SEX, AGE, OR DISABILITY, OR THAT YOU ARE BEING SUBJECTED TO HARASSMENT BECAUSE OF YOUR NATIONAL ORIGIN OR HAVING ENGAGED IN TITLE VII-PROTECTED ACTIVITY, YOU ARE ENCOURAGED TO SEEK ASSISTANCE FROM SUPERVISORY PERSONNEL, OR FROM THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, 5410 FREDERICKSBURG ROAD, SUITE 200, SAN ANTONIO, TEXAS 78229-3550, (210) 281-7600 OR 1-800-669-4000. NO RETALIATORY ACTION MAY BE TAKEN AGAINST YOU FOR SEEKING ASSISTANCE, FILING A CHARGE, OR COMMUNICATING WITH THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.

EEOC ENFORCES TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, wmCH PROHIBITS EMPLOYMENT DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX OR NATIONAL ORIGIN~ THE AGE DISCRIMINATION IN EMPLOYMENT ACT~ THE EQUAL PAY ACT~ PROHIBITIONS AGAINST DISCRIMINATION AFFECTING INDIVIDUALS WITH DISABILITIES~ SECTIONS OF THE CIVIL RIGHTS ACT OF 1991, AND TITLE I OF THE AMERICANS WITH DISABILITIES ACT, wmCH PROHIBITS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES IN THE PRIVATE SECTOR AND STATE AND LOCAL GOVERNMENTS.
2

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CLOSED, MEDIATION
U.S. District Court SOUTHERN DISTRICT OF TEXAS (Corpus Christi)
CIVIL DOCKET FOR CASE #: 2:02-cv-00175

Equal Employment v. Bay Ltd Assigned to: Judge Janis Graham Jack Demand: $0 Cause: 28:1331 Fed. Question: Employment Discrimination

Date Filed: 04/25/2002 Date Terminated: 02/25/2003 Jury Demand: Defendant Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by David Carl Rivela Attorney at Law 5410 Fredericksburg Rd Ste 200 San Antonio, TX 78229 210-281-7619 Email: david.rivela@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Linda Gutierrez EEOC 5410 Fredericksburg Rd Ste 200 San Antonio, TX 78229-3555 210-281-7637 Fax: 210-281-7669 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED

Judith Georgann Taylor EEOC 5410 Fredericksburg Rd Ste 200 San Antonio, TX 78229-3555 210-281-7673 Fax: 210-281-7669 fax Email: judith.taylor@eeoc.gov

Selena N Solis Office of the Federal Public Defender 700 E San Antonio Ste D401 El Paso, TX 79901 915-534-6525 TERMINATED: 11/04/2002

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V. Defendant Bay Ltd
Interested Party Gerardo Garza Interested Party Bay Ltd

represented by James F McKibben, Jr Hermansen McKibben et al 555 N Carancahua Ste 1100 Corpus Christi, TX 78478 361-882-6611 Fax: 361-883-8353 Email: jmckibben@hmwvlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gerardo Garza Unknown address PRO SE
represented by Bay Ltd Unknown address PRO SE

Date Filed 04/25/2002 04/25/2002
04/25/2002 05/09/2002 05/14/2002 05/22/2002 05/22/2002 05/28/2002

#

Docket Text

1 COMPLAINT by Equal Employment filed; US government pltff - no fee paid. (dterrell) Modified on 04/26/2002 (Entered: 04/26/2002)
2 Order setting Initial Pretrial and Scheduling Conference on 1:15 6/7/02 before Judge Janis Graham Jack and Order to Disclose Interested Persons, filed. (dterrell) (Entered: 04/26/2002)
SUMMONS issued for Bay Ltd (dterrell) (Entered: 04/26/2002)
3 RETURN OF SERVICE executed as to Bay Ltd 5/7/02 filed. Answer due on 5/27/02 for Bay Ltd (drodrigues) (Entered: 05/14/2002)
4 CERTIFICATE OF INTERESTED PARTIES by Equal Employment , filed. (srussell) (Entered: 05/16/2002)
5 ANSWER to Complaint by Bay Ltd (Added attorney James F McKibben Jr), filed.; jury demand (srussell) (Entered: 05/23/2002)
6 CERTIFICATE OF INTERESTED PARTIES by Bay Ltd , filed. (srussell) (Entered: 05/23/2002)
7 JOINT DISCOVERY/Case Management Plan by Equal Employment, Bay Ltd , filed. (srussell) (Entered: 05/30/2002)

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06/11/2002 06/18/2002
06/18/2002
06/18/2002
06/18/2002 06/18/2002 07/01/2002 07/02/2002 11/01/2002 11/01/2002 11/04/2002 01/28/2003 02/12/2003 02/17/2003

8 NOTICE of Hearing: Reset scheduling conference for 2:30 6/18/02 before Judge Janis Graham Jack , filed (srussell) (Entered: 06/13/2002)
9 Scheduling conference held before Judge Janis Graham Jack Ct Reporter: Frances Rodriguez Tape Number: Digital 2:47-3:56. Case called. Appearance of counsel. Mr. McKibben announces case will settle. Discussion of case. Court signs orders. Adjourned. (drodrigues) (Entered: 06/19/2002)
10 SCHEDULING ORDER setting Trial date 8:00 4/2/03 Docket call deadline 8:30 4/1/03 ; Pretrial order to be submitted on or before 3:00 3/21/03 ; Deadline for filing all dispositive motions 1/15/03 ; Joining of parties 7/31/02 ; Amending of pleadings 10/31/02 ; Discovery cutoff 1/31/03 ; before Judge Janis Graham Jack , entered. Parties notified. ( Signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 06/19/2002)
11 ORDER , entered; It is ordered that no later than the original date set for the filing of the Joint Pretrial Order, all parties shall pre-mark and exchange exhibits they intend to use during the course of trial. Parties notified. ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 06/19/2002)
12 GENERAL ORDER , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 06/19/2002)
13 ORDER OF REFERRAL TO MEDIATION, entered. Parties ntfd. mediation deadline is 2/14/03 ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 06/19/2002)
14 DESIGNATION OF PERSONS WITH RELEVANT KNOWLEDGE AND EXPERT WITNESSES by Bay Ltd filed. (srussell) (Entered: 07/02/2002)
15 INITIAL DISCLOSURE NOTICES by Equal Employment , filed. (srussell) (Entered: 07/03/2002)
16 MOTION for David C Rivela to appear pro hac vice for Equal Employment, Motion Docket Date 11/21/02 [16-1] motion , filed. (srussell) (Entered: 11/04/2002)
17 UNOPPOSED MOTION to substitute attorney David C Rivela in place of Selena N Solis by Equal Employment Selena N Solis for plaintiff Equal Employment, Motion Docket Date , filed. (srussell) (Entered: 11/04/2002)
18 ORDER granting [17-1] motion to substitute attorney in charge David Rivela in place of Selena N Solis, entered; Parties notified. ( signed by Judge Janis Graham Jack ) (srussell) (Entered: 11/06/2002)
19 NOTICE of attorney appearance for Equal Employment by Judith Georgann Taylor, filed (srussell) (Entered: 01/28/2003)
20 JOINT MOTION for extension of time to report results of mediation by Equal Employment, Bay Ltd , filed (drodrigues) (Entered: 02/13/2003)
21 ORDER granting [20-1] joint motion for extension of time to report results of mediation mediation report deadline is 2/28/03 , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 02/18/2003)

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02/20/2003 02/25/2003 02/25/2003 02/25/2003 03/24/2003 03/24/2003
03/24/2003

22 JOINT MOTION to enter consent decree by Equal Employment, Bay Ltd , filed (srussell) (Entered: 02/24/2003)
23 JOINT MOTION to substitute consent decree by Equal Employment, Bay Ltd , filed (srussell) (Entered: 02/26/2003)
24 FINAL JUDGMENT ORDER ENTERING CONSENT DECREE re: [22-1] joint motion to enter consent decree , entered. Parties ntfd. ( signed by Judge Janis Graham Jack ) (lcayce) (Entered: 02/27/2003)
Case closed (drodrigues) (Entered: 03/03/2003)
25 ORDER vacating [24-1] Final Judgment Order Entering Consent Decree , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (srussell) (Entered: 03/25/2003)
26 ORDER to substitute Consent Decree filed on 2/20/03 with Consent Decree reflecting original signatures of attorneys of record for the EEOC, entered; Parties notified. ( signed by Judge Janis Graham Jack ) (srussell) (Entered: 03/25/2003)
27 CONSENT DECREE , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (srussell) (Entered: 03/25/2003)

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[CONTENT] EEOC | San Antonio | April 25, 2002 | the U.S. District Court | the Southern District | Corpus Christi Division ||| Bay, Ltd. | Title VII | Hispanic |||  ||| June 18, 2002 |||  |||  ||| February 20, 2003 ||| February 25, 2003 |||  ||| second | March 24, 2003 ||| 15,000 [SUMMARY] The EEOC's San Antonio office filed this suit on April 25, 2002 in the U.S. District Court for the Southern District of Texas, Corpus Christi Division. The suit alleged that defendant Bay, Ltd. violated Title VII by creating a hostile work environment for its Hispanic employees. The complaint cited discriminatory and insulting remarks as creating the hostile work environment. After filing and a prompt answer from the defendant, the parties attended a scheduling conference on June 18, 2002. At the conference, the parties indicated that the case would settle. Despite this notice, the case was still referred to mediation. On February 20, 2003, the parties filed a consent decree. The decree was entered by the court on February 25, 2003. However, on that same date the parties filed a motion to substitute the consent decree. Subsequently, the original order was vacated and the second decree entered on March 24, 2003. 

In the consent decree, the defendant agreed to pay the named complainant $15,000, provide training for its supervisory employees and revise its non-discrimination policies. 

