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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OKLAHOMA

















Plaintiff,






(1) EQUAL EMPLOYMENT OPPORTUNITY }
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COMMISSION,


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} Case No. 12-CV-422-JED-TLW

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v.
(1) KANBAR PROPERTY MANAGEMENT,
L.L.C.,






Defendant.
































CONSENT DECREE

Plaintiff Equal Employment Opportunity Commission (“EEOC”) instituted this

action against Kanbar Property Management L.L.C. (hereinafter, “Defendant”), alleging that

Defendant discharged Toni Strength in violation of the Age Discrimination in Employment

Act of 1967, 29 U.S.C. § 623(a)(1) (“ADEA”).



For purposes of settlement and compromise only, the parties have advised the Court

that they wish to resolve the instant controversy without the expense, delay, and burden of

further litigation;



The parties acknowledge that the settlement of this lawsuit and entry of this Consent

Decree with Defendant’s consent, is not and shall not be construed as an

admission that Defendant has violated the ADEA.



THEREFORE, it is the finding of this Court, made on the pleadings, the record as a

whole, and upon agreement of the parties, that (i) this Court has jurisdiction over the parties

to and the subject matter of this action; (ii) the requirements of the ADEA will be carried

out by the implementation of this Decree; (iii) this Decree is intended to and does resolve all



matters in controversy in this lawsuit between the parties; and (iv) the terms of this Decree

constitute a fair and equitable settlement of all issues in this lawsuit.





IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows:

I. General Provisions

1.

Defendant shall not discriminate against any applicant or employee because

of their age.



2.

Defendant shall not discriminate against any employee, former employee, or

applicant because such employee or applicant has opposed any practices alleged in this

lawsuit to be unlawful under the ADEA, has participated in an investigation related to this

lawsuit, has participated in this lawsuit, and/or has benefited in any way as a result of this

Consent Decree.

II. Relief for Toni Strength



3. Defendant agrees to pay in settlement of all claims alleged against it by the

EEOC on behalf of Toni Strength a total of $ 140,000.00, such sum representing backpay

damages. One check, representing backpay, shall be made payable to Ms. Strength in the

amount of $ 140,000.00, less any deductions for the employee’s portion of applicable federal,

state or local tax withholdings. The check shall be made payable to Toni Strength and shall

be delivered to her by means of hand-delivery or certified mail, return receipt requested

within fifteen (15) days of the entry of this Decree. Defendant shall provide Jeff Lee of the

Oklahoma Area Office, 215 Dean A. McGee, Suite 524, Oklahoma City, Oklahoma 73102

with copies of the checks within fifteen (15) days of mailing. The General Release (attached

hereto as Exhibit B) in accord with EEOC policy will be executed by Charging Party, Toni

Strength, upon execution of this Consent Decree.
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III. Injunctive Relief

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Within sixty (60) days of the Court’s entry of the Consent Decree, Defendant

shall provide a copy of its anti-discrimination policy which includes the recognition that

employees in the work force over the age of forty contribute significantly to a company’s

bottom line. Such policy will be made a part of any employee handbook when it is next

revised, if not already included, or no later than ninety (90) days from the entry of this

Decree, whichever is earlier. Defendant shall also provide a copy of the anti-discrimination

policy to all new employees upon hire until the employee handbook is revised to include the

statement regarding the contribution of older workers in the work place.



5.

Within sixty (60) days of the entry of this Consent Decree, Defendant shall

provide all Managers with a copy of its anti-discrimination policy, with the new language

referenced in Paragraph 4 above. Further, Defendant will provide four (4) hours live

training on the Age Discrimination in Employment Act (ADEA) to all managers and

supervisors with hiring and firing authority.



IV. Posting of Required Notices



6.

Within sixty (60) days of the Court’s entry of the Consent Decree, Defendant

shall post in its office the notice attached hereto as Exhibit A. Such notice shall be posted

on the employee bulletin board or other similar conspicuous location where notices to

employees and/or applicants are customarily posted. It shall remain posted throughout the

duration of the Decree and shall be replaced immediately if removed or defaced.

V. Reporting and Monitoring



7.

Within ninety (90) days of the entry of the Consent Decree, Defendant shall

provide written notice to the EEOC of compliance with the requirements set forth in


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Sections III and IV of the Consent Decree to the St. Louis Regional Attorney of the Equal

Employment Opportunity Commission, c/o Jeff A. Lee Oklahoma City Area Office, 215

Dean A. McGee Ave., Room 524, Oklahoma City, OK 73102.

VI. Term and Effect of Decree



8.

By entering into this Consent Decree, the parties do not intend to resolve

any charges of discrimination other

than

the charge

filed by Toni Strength

that created the jurisdictional foundation for the Complaint filed in this case.



9.

This Decree shall be binding upon the parties hereto, their successors and

assigns.



10.

This Decree shall be in force for a period of three (3) years. During the

Consent Decree’s term, the Court shall retain jurisdiction of this case for purposes of

enforcement of the Consent Decree. The term of the Consent Decree can be extended only

upon a showing that Defendant has substantially failed to comply with a material term of the

Consent Decree after having been given notice of any such failure to comply and a

reasonable opportunity to correct any such non-compliance.



11.

Each party shall bear its own costs and attorneys’ fees.


DATE: September 4, 2013


















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FOR PLAINTIFF:

BARBARA A. SEELY
Regional Attorney

C. Felix Miller
Supervisor Trial Attorney

EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
St. Louis District Office
1222 Spruce Street, Room 8.100
St. Louis, MO 63103
(314) 539-7910
(314) 539-7895 FAX

_s/ Jeff A. Lee__________________
JEFFREY A. LEE, OBA No. 13483
Senior Trial Attorney
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
215 Dean A. McGee, Suite 524
Oklahoma City, Oklahoma 73102
(405) 231-4375
(405) 231-5816 FAX


FOR DEFENDANT:

_s/ Kathy R. Neal________________
(signed with authorization from Kathy R. Neal on 9/3/2013)
Kathy R. Neal, OBA No. 674
Jessica L. Dickerson, OBA No. 21500
McAFEE & TAFT
1717 S. Boulder, Suite 900
Tulsa, OK 74119
(918) 574-3020 (Telephone)
(918) 574-3120 (Facsimile)

Attorneys for Defendant KPM Property
Management, L.L.C.





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