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It's Just Lunch Consent Decree

It's Just Lunch Consent Decree

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Published by Eric Meyer
Consent Decree between EEOC and It's Just Lunch
Consent Decree between EEOC and It's Just Lunch

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Categories:Types, Business/Law
Published by: Eric Meyer on Jul 24, 2013
Copyright:Attribution Non-commercial


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cAsENo.: tl -cv - ta lsl 8 . toro
Plaintiff, )
v. ))
Defendant. )
This Consent Decree CDecree'') is made and entered into by and between tlle UnitedStates Equal Employment Oppo%nity Commission ('çcommission'' or the GCEEOC'') and It's
Just Ltmch USA, LLC, CIJL'').
'I'he Commission ftled this adion on Iz, 2013, under Title VI1 of the Civil
Righl Act of 1964, as amehded, 42 U.S.C. j 2000e et JJ:., CTitle VII'') to correct tlnlawful
employment practices, and to provide relief to Charging Party Lynda Twist and Aggrieved Class
Members (as defmed below) who were adversely Gected by dlscdmlnatory practices.
2. EEOC alleges that IJL violated Title VH by unlawfully refusing to hire men as
lnside Sales Representatives and/or Dating Directors in its Hallandale Beach facility and at otherlocauons over wEch 1JL has hlrlng authority.
Charging Party Twist for opposing IJL'S tmlawful emploment practices.
E/OC also alleges that 1JL retaliated against
Case 0:13-cv-61518-WPD Document 6 Entered on FLSD Docket 07/19/2013 Page 1 of 29
The agreement to enter into this Decree shall not be cons%ed as an admission ofliability by IJL as to any allegations by EEOC
1JL denies that it violated Title V1I by llnlawfullyrefushg to hire men as Inside Sales Representatives and/or Dating Directors ln its Hallandale
Beach facility and at other logaEons over wltich IJL has hiring alllhority
IJL denies tlmt it
retaliated against Charging Party Twist for opposing IJL'S llnlawful employment practices
4. In tiïe interest of resolving tbis matter, and to avoid fhrtber cost of litigation
as a result of having engaged in comprehensive settlement negotiationsj
ge Parties have agreed
that this action should be flnnlly resolved by en> of this Decree. This Decree is tlnal mzd
binding on the Pl-les. and their respective successors and asigns
5. No waiver, modifkation or amendment of any provision of tllis Decree OII beeffecûve unless made in writing and signed by an authorized representative of each of theParties. By mutllnl agreement of the Parties, thls Decree may be amended or modifed in the
interests of ustice and faimess in order to effectuate the provisions of this Decree.6. This Decree fully and snally resolves the claims asserted by tlze Commlssion in
the Complaint fled in this action styled EEOC v. It's Just Lunch USA, LL % Case No. ö'15 -
ClV- Gt>K-*(S.D.F1a.). Such acuon arose from the ldividual and class claims raised in
EEOC Charge No. 510-2009-01825 (Lynda Twfvç/ v. It 's Just Luncht LL , and the class claims
ralsed in EEOC Charge No. 846-2010-59206 (Eishlan Boyd v. It's Just Lunch, ffo, the
intlividual claims of the latter charge having been resolved tkough a private settlement betweenBoyd and IJL.
Tlzis Decree constitutes tlp complete tmderstanding between the Parties with
respect to the matters herein. Any separate settlement agreements executed between IJL and
Case 0:13-cv-61518-WPD Document 6 Entered on FLSD Docket 07/19/2013 Page 2 of 29
Charging Party Lynda Twist or between IJL and Charging Party Eishlan Boyd sh
all not
supersede tllis Decree.8. If one or more provisions of this Declee are rendered unlawful or unenforceable
the Pmlies shall attempt to agree upon wlmt amendmtnts to tlzis Decrte
if any, are appropriate to
efectuate the pooses of this Decree
In any event, the tmaffected provisions will remainenforceable.
4). 'lxis Decree does not resnlve any chsrges of discdminakpn fhst may be pending
with the Commlssion against IJL other tllan the Charges referred to in parapaph 6
This Decree
in no way affects tile EEOC'S rilt to bring, process, investigate or litigate oier charges that
may be in exis'tence or may later arise against IR in acccrdance with standard EEOC procedures
10. Having carefully examined the terms and prodsions of tbis Decree
and based onthe pleadings, record, and stipulatiûns of tiw Psrb'es
the Court Ends the following:
a. This Court has jMsdiction over the subject matter of tMs action and tlle
b. No party shall contest the judsdicion of this Court to enforce tllis Decree and
its terms or the right of the Commlssion to bring an enforcement suit upon
alleged breach of any ttrmts) of this Decree;
c. 'rhe terms of this Decree are adequate, fair, reasonable, equitable, and Just.
'I'he right.s of Charging Party Twist, Agyeved Class Members and the public
interest are adequately protected Y tllis Decree; and
d. 'Ihe terms of this Decree are and shall be binding umn the present and future
representatives, agents, dizectors, omcers, successors and assigns of IR.3
Case 0:13-cv-61518-WPD Document 6 Entered on FLSD Docket 07/19/2013 Page 3 of 29

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