Free Motion to Approve Consent Judgment - District Court of Arizona - Arizona

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Case 2:04-cv-00627-JAT Document 141-2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Equal Employment Opportunity Commission, Plaintiff,

Case No. CV 04-0627 PHX-JAT

CONSENT DECREE v. Connecticut General Life Insurance Company, Defendant. The United States Equal Employment Opportunity Commission ("EEOC" or "Commission") filed this action against Defendant, Connecticut General Life Insurance Company ("CGLIC"), to enforce Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq. ("Title VII") and the Civil Rights Act of 1991, 42 U.S.C. § 1981a, and alleging pregnancy discrimination. The Commission's Complaint alleges that Defendants discriminated against Carmen Santa Cruz because of her sex when they withdrew their job offer to Ms. Santa Cruz upon learning she was pregnant. In response to the Complaint filed by the EEOC, CGLIC filed an Answer to the Complaint, in which it denied liability. As a result of settlement negotiations, the Commission and CGLIC agree that this

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CGLIC entered into this Consent Decree as a way of resolving all outstanding differences that may have existed in this case. This Consent Decree fully and finally resolves any and all claims arising out of the Complaint filed by the Commission. This Decree and compliance with this Decree shall not be construed as an admission by CGLIC of any liability whatsoever, or as an admission by CGLIC of any violation of rights of Santa Cruz or of any other person in violation of any order and/or law regarding Santa Cruz or any person, or violation of any order, law, statute, or breach of any contract or any discrimination whatsoever against Santa Cruz or any other person. The parties waive their right to a jury trial and the entry of Findings of Fact and Conclusions of Law. It is ORDERED, ADJUDGED, AND DECREED: 1. The Court has jurisdiction over the subject matter of this action and of the parties hereto. 2. This Consent Decree resolves all claims asserted by the Commission on behalf of Carmen Santa Cruz against CGLIC in this lawsuit, including without limitation back pay, compensatory and punitive damages, injunctive relief, costs, and

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attorneys' fees. 3. This Consent Decree conforms with the Federal Rules of Civil Procedure and Title VII and is not in derogation of the rights and privileges of any person. The entry of this Consent Decree will further the objectives of Title VII and will be in the best interests of the Commission, CGLIC, and the public. 4. This Consent Decree, and any provision herein regarding CGLIC, applies to CGLIC and to its officers, agents, employees, successors, and assigns.

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INJUNCTIVE RELIEF CGLIC is enjoined for the duration of this Consent Decree from discriminating against an applicant or employee based on sex, including pregnancy. CGLIC is enjoined for the duration of this Consent Decree from retaliating against any employee because he or she (i) opposed discriminatory practices made unlawful by Title VII; (ii) filed a charge of discrimination, or assisted or participated in filing a charge; or (iii) testified, assisted, or participated in an investigation, proceeding, or hearing brought under Title VII. MONETARY RELIEF Without admitting liability, CGLIC shall pay the gross amount of $50,000.00 to Carmen Santa Cruz in compensatory damages. CGLIC will provide Internal

Revenue Form 1099 to Ms. Santa Cruz on or before January 31, 2007, for this payment. CGLIC shall pay the settlement amount to Ms. Santa Cruz by check, cashier's check, or money order no later than fifteen (15) days from entry of this Consent

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Decree. CGLIC shall mail a copy of the check to: Mary Jo O'Neill Regional Attorney Equal Employment Opportunity Commission Phoenix District Office 3300 North Central Avenue, Suite 690 Phoenix, Arizona 85012 CGLIC shall not condition the receipt of this individual relief on Ms. Santa Cruz's agreement to (a) waive her statutory right to file a charge with any federal or state anti-discrimination agency, or (b) waive her right to apply for a position with

9.

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CGLIC or any other CIGNA entity. LETTER OF REGRET Within fourteen (14) days of the entry of the Consent Decree, CGLIC's highest official at the Phoenix Service Center shall prepare a letter of regret to Ms. Santa Cruz, as attached as Exhibit A. NOTICE CGLIC will post, for the duration of this Consent Decree, in a prominent place frequented by its employees at the Phoenix Service Center, the notice attached as Exhibit B in the same type, style, and size as Attachment B. CORRECTIVE POLICIES AND PRACTICES Within thirty (30) days of the entry of this Consent Decree, CGLIC will review and, if necessary, revise its written policies and procedures concerning sex discrimination and retaliation to conform with the law, and shall submit any changes to said policies and procedures for review to the Regional Attorney of the EEOC's Phoenix District Office, at the address set forth above.

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13.

The written policies and procedures must include at a minimum: a. A strong and clear commitment to a workplace free of sex discrimination, including pregnancy; b. A clear and strong encouragement of persons who believe they have been discriminated against to come forward; c. A description of the consequences, up to and including termination, that will be imposed upon violators of the policy;

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d.

A promise of maximum feasible confidentiality for persons who believe that they have been discriminated against in violation of the policy;

e.

An assurance of non-retaliation for persons who believe they have been discriminated against and for witnesses; and

f.

An explanation that sex discrimination, including pregnancy discrimination by all persons, including managers, supervisors, and third party contractors, is prohibited and will not be tolerated. TRAINING

Within six (6) months of the entry of this Consent Decree, and on an annual basis for the duration of the Decree, CGLIC shall provide live, in person training on Title VII for all employees, managerial and non-managerial, at the Phoenix Service Center, and all other individuals involved in the recruitment and hiring of individuals to work at the Phoenix Service Center. Each annual training shall take place between ten (10) and fourteen (14) months after the completion of the prior year's training.

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15.

The annual training shall be two (2) hours in length. The training shall include the following topics: a. An overview of Title VII generally and of CGLIC's obligations under Title VII with respect to both sex discrimination generally and pregnancy; b. An overview of CGLIC's obligations under Title VII with respect to retaliation; and c. CGLIC's policies and procedures regarding sex discrimination, including

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16.

pregnancy and retaliation. CGLIC shall provide a trainer(s) who is knowledgeable about all of the subjects of the training, to conduct the training. CGLIC shall submit the names(s), address(es), telephone number(s), and resume(s) of the trainer(s), together with training dates and a copy of the training materials, to the Regional Attorney of the EEOC's Phoenix District Office at the address above, within ninety (90) days of the entry of this Consent Decree. The training shall include some interactive component. In order to give all specified employees the opportunity to take the training, training may be held on multiple dates. A signed registry of attendance shall be kept and retained by CGLIC for the duration of this Consent Decree. RECORD KEEPING AND REPORTING CGLIC shall maintain all records concerning its implementation of this Consent Decree for the entire term of the Consent Decree. CGLIC shall report to the Commission in writing, within six months from the entry of this Consent Decree and annually thereafter, regarding its compliance with the specific terms of the Consent Decree, by sending the report to the Regional Attorney of the EEOC's Phoenix District Office at the address above. In addition to the reporting requirements set forth above, the report shall include the following information: a. Copies of any revisions to CGLIC's policies and procedures regarding sex discrimination and retaliation; -6Case 2:04-cv-00627-JAT Document 141-2 Filed 10/26/2006 Page 6 of 12

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b.

Copies of signed registries that employees at the Phoenix Service Center have completed training; and

c.

Confirmation that (1) the Notice was posted, with a description of the location where it was posted; and (2) the training was held.

CGLIC shall bear its own costs in conjunction with the maintenance of records and preparation of reports required by this Consent Decree. PROCEDURES AND REMEDIES FOR NON-COMPLIANCE The Court shall retain jurisdiction over this action for the duration of the Consent Decree. During this time, the Commission may petition this Court to order CGLIC to comply with the Consent Decree. In the event that the Commission believes that CGLIC has failed to comply with any provision(s) of this Consent Decree, it shall: a. Notify CGLIC in writing of the non-compliance by fax and by United States Mail to Mark Ogden, Littler Mendelson, 2425 East Camelback Road, Suite 900, Phoenix, Arizona 85016 and the corporate officer who signs this

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Consent Decree on CGLIC's behalf, or to his successor, and b. Afford CGLIC ten (10) days after service of the notice to remedy the noncompliance. 23. If CGLIC has not remedied the alleged non-compliance in ten (10) days after service of notice, a penalty shall accrue at the amount of $100.00 per day until CGLIC is in compliance with the Consent Decree again, if this Court finds that CGLIC was not in compliance with the Consent Decree and that CGLIC failed to

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remedy the alleged non-compliance within ten (10) days of receiving notice of the alleged non-compliance. In the event the Court finds that CGLIC has violated this Consent Decree, the Court may order reasonable relief to remedy the non-compliance, including attorney's fees, daily penalties, appropriate injunctive relief, and extension of this Consent Decree for such period as may be necessary to remedy its non-compliance. FORCE AND EFFECT The parties agree to the entry of this Consent Decree subject to final approval by the Court. If any provision(s) of this Consent Decree are found to be unlawful, only the specific provision(s) in question shall be affected and the other provisions shall remain in full force and effect. This Court shall retain jurisdiction of this action for a period of two (2) years after entry of the Consent Decree. Absent further extension by the Court, the Consent Decree shall expire at the end of two (2) years without further action by the parties.

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James A. Teilborg United States District Judge

APPROVED AND CONSENTED TO: t n 26th day of October, 2006 h

WY O'NEILL JO
Regional Attorney

INSURANCE COMPANY SALLY C. SHANLEY Supervhry Trial Attorney LMTLER MENDELSON, P.C. 2425 East Camelback Road Suite #900 Phoenix, Arizona 85016 Attorneys for Defendant
K-S AU E

Til Attorney ra
VALF2U.E L. MEYER Trial Attomey

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 3300 Noah Central Avenue Suite 690
Attorneys for Plaintiff

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APPROVED AND CONSENTED TO:

MICHAEL REAGAN Director of Employee Relations CONNECTICUT GENERAL LIFE INSURANCE COMPANY

s/Mary Jo O'Neill MARY JO O'NEILL Regional Attorney s/Sally C. Shanley SALLY C. SHANLEY Supervisory Trial Attorney

J. MARK OGDEN, ESQ. J. GREG COULTER, ESQ. KRISTIN R. CULBERTSON, ESQ. LITTLER MENDELSON, P.C. 2425 East Camelback Road Suite #900 Phoenix, Arizona 85016 Attorneys for Defendant

s/Katherine Kruse KATHERINE KRUSE Trial Attorney s/Valerie L. Meyer VALERIE L. MEYER Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 3300 North Central Avenue Suite 690 Phoenix, Arizona 85012-2504 Attorneys for Plaintiff

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Exhibit A
[CIGNA Letterhead]

[Date]

Carmen Santa Cruz [Address] Dear Ms. Santa Cruz: As you are aware, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit against Connecticut General Life Insurance Company, alleging that the Company discriminated against you based on your gender, by withdrawing a job offer upon learning of your pregnancy. Following discovery and before a trial, the parties successfully negotiated a settlement. We regret that you perceive the events to be the result of discrimination because of your gender and your pregnancy. Please accept my commitment that the CGLIC Phoenix Service Center will take the necessary steps to ensure that applicants and employees will continue to work in an atmosphere free of discrimination. Sincerely,

[Name] [Title]

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Exhibit B NOTICE TO ALL EMPLOYEES AT THE CIGNA PHOENIX SERVICE CENTER
This Notice is posted pursuant to a Consent Decree entered into between Connecticut General Life Insurance Company and the Equal Employment Opportunity Commission (EEOC). It is unlawful under federal law, Title VII of the Civil Rights Act of

1964, and state law to discriminate against an employee on the basis of sex, including on the basis of pregnancy, in the recruitment, hiring, promotion, firing, compensation, assignment, or other terms, and conditions or privileges of employment.
It is also unlawful to retaliate against any person because the person protested discriminatory practices or contacted the EEOC or the Arizona Civil Rights Division (ACRD). Connecticut General Life Insurance Company shall not discriminate against any employee on the basis of sex, including pregnancy, and shall not retaliate against any employee for complaining about sex discrimination. If you believe you have been discriminated against, you have the right to seek assistance from: (1) EEOC or (2) 3300 N. Central Ave., Suite 690 Phoenix, Arizona 85012 Telephone: (602) 640-5000 TTY: (602) 640-5072 Website (national): www.eeoc.gov ACRD Attorney General's Office 1275 W. Washington Phoenix, Arizona, 85007 (602) 255-5263.

You also have the right to file a charge with the EEOC or ACRD if you believe you have been discriminated against, or retaliated against.

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