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EEOC and Andy Martinez v. Professional Transit Management LTD L

EEOC and Andy Martinez v. Professional Transit Management LTD L

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Published by darwinbondgraham
The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has settled a discrimination lawsuit alleging racial and national origin harassment against Professional Transit Management, doing business as Springs Transit. The Colorado Springs facility will pay $450,000, to be divided between six class members, according to the terms of the consent decree resolving the case – which also includes significant injunctive relief, such as training. The EEOC’s lawsuit (Case No. 06-cv-01915 in federal district court for the District of Colorado) alleged that Springs Transit maintained a racially hostile work environment for minority workers. In particular, several employees, including supervisors, routinely used egregious ethnic slurs for African Americans, Hispanics, and Asians in the workplace. On one occasion, a co-worker commented that it should not be against the law to shoot Mexican men, women and children or to shoot African Americans and Chinese people. This employee also allegedly stated, “If I had my way I’d gas them [referring to Black employees] like Hitler did the Jews.”
The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has settled a discrimination lawsuit alleging racial and national origin harassment against Professional Transit Management, doing business as Springs Transit. The Colorado Springs facility will pay $450,000, to be divided between six class members, according to the terms of the consent decree resolving the case – which also includes significant injunctive relief, such as training. The EEOC’s lawsuit (Case No. 06-cv-01915 in federal district court for the District of Colorado) alleged that Springs Transit maintained a racially hostile work environment for minority workers. In particular, several employees, including supervisors, routinely used egregious ethnic slurs for African Americans, Hispanics, and Asians in the workplace. On one occasion, a co-worker commented that it should not be against the law to shoot Mexican men, women and children or to shoot African Americans and Chinese people. This employee also allegedly stated, “If I had my way I’d gas them [referring to Black employees] like Hitler did the Jews.”

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Categories:Types, Business/Law
Published by: darwinbondgraham on Jul 09, 2013
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07/28/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLORADO
Civil Action No. 06-cv-01915-MSK-MJWEQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
andANDY MARTINEZ,Plaintiff-Intervener,v.PROFESSIONAL TRANSIT MANAGEMENT, LTD, LLC d/b/a SPRINGS TRANSITDefendant.
CONSENT DECREE
 
RECITALS
1.
This matter was instituted by
Plaintiff,
Equal Employment Opportunity Commission("Commission" or "Plaintiff or "EEOC"), an agency of the United States government, allegingthat Defendant, Professional Transit Management, Ltd. d/b/a Springs Transit (ProfessionalTransit Management), unlawfully discriminated against Andy Martinez and a class ofemployees and former employees on the basis of a hostile work environment based on color andrace (African American) and national origin (Hispanic, Asian) in violation of Title VII of theCivil Rights Act of 1964 (Title VII). Furthermore, the Commission alleges Defendant was awareof the hostile work environment and failed to take effective measures to stop it. Martinez hasintervened in this case and has made substantially the same allegations as the EEOC.Collectively, the EEOC, Defendant, and Martinez will be called "the Parties." Defendant hasdenied any liability for the claims as alleged.
2.
The Parties, desire to settle this action by an appropriate Consent Decree ("Decree"), andagreements between Defendant and its present and former employees. The Parties agree to thejurisdiction of this Court over the Parties and the subject matter of this action, and agree to thepower of this Court to enter a Consent Decree enforceable against Defendant.
3.
This Decree is final and binding upon the Parties as to the issues resolved, as well asupon their successors and assigns.
4.
The Parties agree that this Consent Decree fairly resolves the issues alleged in thislawsuit, and constitutes a complete resolution of all of the Commission's claims of unlawfulemployment practices under Title VII arising from this litigation and the charges as follows:Ronnie Huery, Charge # 541-2006-01134; Harry Wallace, Charge #541-2006-01125; EliJackson, Charge#541-2006-00921; Andy Martinez Charges 541-2006-02256 and
 
320-2005-00735. For the purpose of amicably resolving disputed claims, the Defendant joinswith the Commission and Plaintiff Intervener in requesting this Court to adjudge as follows:
5.
This Consent Decree resolves all claims alleged in this lawsuit, includingbackpay, front pay, compensatory and punitive damages, interest, injunctive
relief,
attorneys' fees and costs and any other claims that may be raised out of the issues inthis lawsuit.
JURISDICTION6.
The Court has jurisdiction over the Parties and the subject matter of this lawsuit.The Court shall retain jurisdiction of this action for the duration of the Consent Decreefor the purposes of entering all orders, judgments, and decrees which may be necessaryto implement the relief provided herein.
GENERAL PROVISIONS7. Scope.
This Consent Decree covers all Professional Transit Management'semployees.
8. Term of Consent Decree.
This Consent Decree shall remain in effect for three(3) years after the Effective Date. In the event the terms and obligations outlined inthis Consent Decree are not completed within the term, the EEOC and DefendantProfessional Transit Management shall meet and confer concerning all matters that arealleged to constitute noncompliance. The Commission reserves the right to file anenforcement action under Section VIII ("Enforcement of Consent Decree") of thisConsent Decree to extend the Consent Decree for whatever period is necessary to allowProfessional Transit Management to comply fully with the terms of this ConsentDecree.
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