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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
EQUAL EMPLOYMENT OPPORTUNITY
BEEM IRRIGATION, INC. t/a MONTGOMERY
CIVIL ACTION NO. AMD-07-0475
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:
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.
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
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
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.
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
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
amount of seventy seven thousand dollars ($77,000) to the following persons in the following
(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.
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.
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
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”]
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.
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
The Commission and Defendant shall bear their own costs, expenses and
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attorneys' fees incurred in connection with this action.
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.
BEEM IRRIGATION, INC.
t/a MONTGOMERY IRRIGATION
EQUAL EMPLOYMENT OPPORTUNITY
RONALD S. COOPER
GWENDOLYN YOUNG REAMS
Associate General Counsel
JACQUELINE H. MCNAIR
District Office (including
Baltimore Field Office)
________/s/__________________ General Counsel
President, Beem Irrigation, Inc. JAMES LEE
7935 Old Jessup Road Deputy General Counsel
Jessup, Maryland 20794
DEBRA M. LAWRENCE
Supervisory Trial Attorney
EEOC-Baltimore Field Office
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CECILE C. QUINLAN
Senior Trial Attorney
EEOC-Baltimore Field Office
10 S. Howard St., 3rd Floor
Baltimore, MD 21201
So ORDERED this 28th day of December, 2007
_/s/Andre M. Davis
UNITED STATES DISTRICT COURT JUDGE