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Case 1:07-cv-00475-AMD Document 22 Filed 12/28/07 Page 1 of 8



IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND

















v.




Plaintiff,







EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION,






)
)
)
)

)

)

)

)
BEEM IRRIGATION, INC. t/a MONTGOMERY
)
IRRIGATION
)


)


)







Defendant.
















CIVIL ACTION NO. AMD-07-0475



















CONSENT DECREE

This action was instituted by Plaintiff, Equal Employment Opportunity Commission

("EEOC" or the "Commission"), against Defendant Beem Irrigation, Inc. t/a Montgomery

Irrigation (“Defendant”), on February 26, 2007. The Complaint alleges that Defendant subjected

Rene Merino, Marvin Ceron, Ronald Martinez, Nelson Rivas and others to racial and national

origin harassment, Hispanic, disparate terms and conditions of employment, and discharged them

on the basis of race and national origin, or in retaliation for their opposition to such practices, in

violation of Sections 703(a) and 704(a) of Title VII, 42 U.S.C. Sections 2000e-2(a) and 2000e-

3(a). Defendant filed an Answer denying all allegations in the Complaint

.

The Commission and Defendant have entered into this Decree to resolve this disputed

claim and to avoid the time and expense of continued litigation, and they desire to formulate a

plan to be embodied in a Decree which will promote and effectuate the purposes of Title VII.

For the purposes of resolving this action, Defendant admits that the Court has jurisdiction

over this action and that all statutory and jurisdictional prerequisites to suit have been satisfied.





This Decree, being entered with the consent of the Commission and Defendant, is for

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settlement purposes only and shall not constitute an adjudication or finding on the merits of this

case and shall not be construed as an admission of liability by Defendant or as a waiver by the

Commission of any contentions of discrimination.



The Court has examined this Decree and finds that it is reasonable and just and in

accordance with the Federal Rules of Civil Procedure and Title VII. Therefore, upon due

consideration of the record herein and being fully advised in the premises, it is ORDERED,

ADJUDGED AND DECREED:

1.

This Decree constitutes a full and final discharge and satisfaction of any and all

claims which have been alleged in the Complaint which emanated from the Charges of

Discrimination Nos. 120-2004-01426, 120-2004-01437, 120-2004-01443 and 120-2004-01439

filed by Rene Merino, Marvin Ceron, Ronald Martinez and Nelson Rivas.

Injunctive Relief



2.

Defendant, its officers, agents, servants, employees and all persons acting or

claiming to act in its behalf and interest shall be enjoined and restrained from engaging in any

employment practice during the Term of this Decree which discriminates on the basis of race,

national origin and retaliation in violation of Title VII, particularly with regard to harassment,

terms and conditions and discharge.

Race and National Origin Policy



3.

Within fifteen (15) days of the entry of this Decree, Defendant shall institute,

implement and distribute to all its managers and employees a revised policy on race and national

origin harassment, and retaliation. The revised policy shall include, at a minimum, a clear

explanation of prohibited conduct, designation of a contact person to whom the prohibited

conduct should be reported, with an effective method of contact, a complaint procedure that



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provides accessible avenues of complaint, assurance that the employer will take all reasonable

measures to protect confidentiality, conduct an impartial investigation, refrain from retaliating

against any person who complains of such conduct or participates in such investigation, and take

prompt and appropriate corrective action. Within ten (10) days of the institution of this revised

policy, Defendant shall forward to the Commission's attorney of record, at the EEOC's Baltimore

Field Office, written certification that this policy on race and national origin harassment

referenced herein has been distributed to all of its managers and employees.

Posting of Policy and Notice



4.

Within fifteen (15) days of the entry of this Decree, Defendant will post the

revised race and national origin harassment policy in all places where notices to employees are

customarily posted at its facilities. The revised harassment policy shall be posted and maintained

for a period of three (3) years from the date of posting and shall be signed by a responsible

official of Defendant with the date of actual posting shown thereon. Within (10) days of the

posting of the policy, Defendant shall forward to the attorney of record at the Baltimore Office a

written certification that the policy referenced herein has been posted and a statement of the

location(s) and date of posting.



5.

Within fifteen (15) days of the entry of Decree, Defendant will post in all places

where notices to employees are customarily posted at its facilities, the Notice attached hereto as

Exhibit "A" and made a part hereof. Said Notice attached hereto as Exhibit "A" shall be posted

and maintained for a period of at least three (3) years from the date of posting and shall be signed

by a responsible official of Defendant with the date of actual posting shown thereon. Should the

Notice become defaced, marred, or otherwise made unreadable, Defendant will ensure that new

readable copies of the Notice are posted in the same manner as heretofore specified. Within ten



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(10) days of such posting, Defendant shall forward to the attorney of record at the Baltimore

Field Office a copy of the signed Notice attached hereto as Exhibit "A" and written certification

that the Notice referenced herein has been posted and a statement of the location(s) and date of

posting.

Training

6.

Within ninety (90) days of the entry of this Decree, Defendant will provide

mandatory training of no less than two (2) hours duration to all its employees, including

managerial and supervisory employees, regarding federal EEOC laws prohibiting discrimination

in employment enforced by the Commission, particularly those concerning race and national

origin discrimination, and retaliation under Title VII, and Defendant’s revised policy described

in paragraph 3 above. The trainer's credentials and an outline of program materials shall be

forwarded to the EEOC's attorney of record ten (10) days prior to such training being conducted,

and a representative of the Commission shall be invited to attend such training. Within fifteen

(15) days of the completion of this training, Defendant shall forward to the attorney of record at

the Baltimore Field Office written certification that the training has been completed together

with a list of all employees who have been trained, and the dates of the training. Defendant also

agrees to provide such training, by means of live presentation or DVD/Video format, within

thirty (30) days of hire, to each newly-hired employee, including any managerial and supervisory

employee. For the duration of the Decree, Defendant shall keep a record of all new employees

who received the training described herein and, upon written request of the Commission, will

provide a list of all new employees who have been trained, and the dates of the training, during

the appropriate reporting period.





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7. Within ten (10) days of the entry of this Decree, Defendant will pay the total

Individual Relief





amount of seventy seven thousand dollars ($77,000) to the following persons in the following

amounts:



















(a). Rene Merino in the total amount of $19,250.00.

(b). Marvin Ceron in the total amount of $19,250.00.

(c). Ronald Martinez in the total amount of $19,250.00.

(d). Nelson Rivas in the total amount of $19,250.00.

8. Defendant will take no withholdings from the foregoing amounts and will issue a

Form 1099 to Rene Merino, Marvin Ceron, Ronald Martinez and Nelson Rivas reflecting the

foregoing payments as other income. Defendant agrees that the check(s) shall be forwarded to

the individuals in the amounts listed above in ¶7 (a) through (d) by overnight mail at the

appropriate addresses to be supplied by the Commission. Within five (5) days of this payment,

Defendant shall send to the Commission’s attorney of record a copy of the check(s) along with a

copy of the overnight delivery receipt.



9.

Defendant shall remove any records or documents relating to the filing of charges

of discrimination by Rene Merino, Marvin Ceron, Ronald Martinez, and Nelson Rivas, or the

Commission’s lawsuit against Defendant, from the personnel files of Rene Merino, Marvin

Ceron, Ronald Martinez, and Nelson Rivas, wherever maintained. Reference requests regarding

these individuals shall be answered by Defendant in neutral terms limited to position, rate of pay,

and dates of employment.



Breach Provision

10.

If any party to this Decree believes that any other party has breached a material



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provision of this Decree, it shall so notify the party (s), in writing, of the alleged breach. Upon

receipt of written notice, a party(s) shall have thirty (30) days to either correct the alleged breach,

and so inform the other party(s), or deny the alleged breach in writing. If the parties remain in

dispute, they shall attempt in good faith to resolve their dispute. If the parties cannot in good

faith resolve their dispute, the party alleging a breach may file with the Court a motion alleging

Defendant’s violation of the terms of this Decree seeking appropriate relief Each party shall bear

its own costs, expenses and attorney’s fees incurred in connection with such action. Jurisdiction

and venue to resolve any dispute arising under this Decree resides in the United States District

Court for the District of Maryland.

Term of Decree

11.

This Decree shall remain in full force and effect for a period of three (3) years

from the date of approval and entry of this Decree by the Court. [“Term”]



12.

The Court shall retain jurisdiction of this action to ensure compliance with this

Decree during the Term. In all other respects, upon approval and entry by the Court of this

Decree, the Commission’s action against Defendant is dismissed with prejudice and the Clerk of

the Court is directed to remove this action from the Court's calendar.

Miscellaneous

13.

The Commission reserves the right to monitor compliance with the provisions of

this Decree. As part of such review during the Term, the EEOC, upon notice to Defendant, may

require written reports concerning compliance, inspect Defendant’s premises, interview

witnesses, and examine and copy documents at reasonable times to be mutually agreed to by the

parties.





14.

The Commission and Defendant shall bear their own costs, expenses and

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attorneys' fees incurred in connection with this action.



15.

The undersigned counsel of record, on behalf of their respective clients, hereby

consent to the entry of the foregoing Consent Decree.


16. THE CLERK MAY CLOSE THIS CASE.


AGREED:


FOR DEFENDANT:


BEEM IRRIGATION, INC.

t/a MONTGOMERY IRRIGATION










FOR PLAINTIFF:
EQUAL EMPLOYMENT OPPORTUNITY
COMISSION

RONALD S. COOPER









GWENDOLYN YOUNG REAMS
Associate General Counsel

_________/s/_________________
JACQUELINE H. MCNAIR
Regional Attorney
EEOC-Philadelphia
District Office (including
Baltimore Field Office)





















________/s/__________________ General Counsel
TIMOTHY JACOBS
President, Beem Irrigation, Inc. JAMES LEE
7935 Old Jessup Road Deputy General Counsel
Jessup, Maryland 20794




























































_______/s/___________________
DEBRA M. LAWRENCE
Supervisory Trial Attorney
EEOC-Baltimore Field Office



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_______/s/___________________
CECILE C. QUINLAN
Senior Trial Attorney
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
EEOC-Baltimore Field Office
10 S. Howard St., 3rd Floor
Baltimore, MD 21201
(410) 209-2728





























































So ORDERED this 28th day of December, 2007


_/s/Andre M. Davis
UNITED STATES DISTRICT COURT JUDGE









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