Cedar Point Decision

Case: 3:23-cv-01843-JGC Doc #: 12 Filed: 03/13/24 1 of 15. PageID #: 65
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO, WESTERN DIVISION
Equal Employment
Opportunity Commission
Plaintiff, Civil Action No. 3:23-cv-01843-JGC
v.
CONSENT DECREE
Cedar Fair, L.P., d/b/a Cedar Point; Magnum
Management Corporation
Defendants.
INTRODUCTION AND FINDINGS
This action was instituted by Plaintiff, the U.S. Equal Employment Opportunity
Commission (“the Commission”), against Defendants Cedar Fair, L.P., d/b/a Cedar Point, and
Magnum Management Corporation (“Defendants”), alleging that Defendants implemented a
policy that denied housing and transportation benefits to Cedar Point employees based on their
age, and thereby prevented them from resuming their seasonal employment with Defendants. The
Commission contends that, through its enforcement of this policy, Defendants violated Sections
623(a)(1) and 623(a)(2) of the Age Discrimination in Employment Act of 1967, as amended (“the
ADEA”), 29 U.S.C. § 621, et seq., by denying equal employment opportunities, and equal terms,
conditions, or privileges of employment to seasonal employees age 40 and older.
The Commission and Defendants desire to resolve this action without the time and expense
of continued litigation, and they desire to formulate a plan, to be embodied in this Consent Decree
(“Decree”), that will resolve the Commission’s claims and promote and effectuate the purposes of
the ADEA. This Decree does not constitute an adjudication on the merits of the Commission’s
claims. The terms of the Decree are the product of joint negotiation and are not to be construed as
1

having been authored by any one party. Defendants agree and stipulate that the Commission has
named all necessary parties in this action and Defendants have the authority and capacity to
provide in full the monetary, injunctive and other relief required by the Decree. Defendants agree
and stipulate that all monetary relief to be provided in accordance with the Decree is a debt owing
to and collectible by the United States.
The Parties stipulate that this Court has jurisdiction over the Parties, the subject matter of
the action, and enforcement of the Decree. The Parties further stipulate that this Court has the
authority to enter and to enforce the Decree and that the Decree is final and binding upon the
Commission and upon Defendants and their agents, officers, members, employees, successors, and
assignees.
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 the ADEA. The Court further finds that
it has jurisdiction over the Parties and the subject matter of this action. Therefore, upon due
consideration of the record herein,
It is ORDERED, ADJUDGED AND DECREED:
DEFINITIONS
A. “Defendants” shall mean Cedar Fair, L.P. (d/b/a Cedar Point) and Magnum Management
Corporation, and their owners, members, directors, officers, employees, successors,
assignees, agents and all persons and entities in active concert therewith.
B. “Commission” shall mean the U.S. Equal Employment Opportunity Commission.
C. “Effective Date” shall mean the date on which this Decree is entered by the Court.
D. “Parties” shall mean collectively Defendants and the Commission.
E. “Days” shall mean calendar days.
2

GENERAL PROVISIONS
1. This Decree shall remain in effect for five (5) years from the Effective Date.
2. This Decree shall apply to all of Defendants’ employees, including seasonal
employees, in their Sandusky facilities.
3. All time periods specified in this Decree shall be computed in accordance with
Federal Rule of Civil Procedure 6 (a)(1).
4. If one or more provisions of this Decree are adjudicated to be unlawful or
unenforceable, the Parties shall engage in reasonable efforts to amend the Decree in order to
preserve or effectuate, in a lawful manner, the purpose or intent of the conflicting provision. In
any event, all other provisions of the Decree shall remain in full force and effect.
5. The Parties shall each bear their own attorneys’ fees and costs incurred in
connection with the action.
6. Prior to any sale, merger or transfer of the business or assets of either or both
Defendants, Defendants shall provide written notice to the potential purchaser or transferee, and
to any other potential successor, of the existence of and allegations in this action and of the contents
of the Decree, along with a copy of the Complaint and this Decree.
7. When this Decree requires the submission of records, notices, reports or other
documents or information to one or both Parties, such submission shall be deemed served on the
date it is actually received. Unless otherwise specified by the receiving Party, service of documents
and information shall be by certified or electronic mail:
a. If to EEOC: Clare J. Horan, EEOC Trial Attorney, 801 Market St., Suite 1000,
Philadelphia, PA 19107, clare.horan@eeoc.gov –– or such other person as EEOC
shall designate.
3

b. If to Defendants: C/O Cedar Fair, L.P. Legal Dept., 1 Cedar Point Drive,
Sandusky, OH 44870 (brian.nurse@cedarfair.com)—or such person as the Chief
Legal Officer shall designate.
CLAIMS RESOLVED
8. This Decree resolves the claims asserted by the Commission in the Complaint in
this action, through the date of entry of the Decree.
9. Upon approval and entry of the Decree, the Court shall dismiss the action with
prejudice while retaining jurisdiction over the Decree and to resolve any claims or disputes
concerning implementation, enforcement, or amendment of the Decree and to enter any order,
judgment or agreement related to the same.
10. Nothing in this Decree shall affect, limit, or infringe the Commission’s authority to
file, investigate and process charges of discrimination against Defendants, or to commence civil
actions against Defendants for claims not resolved by this Decree.
NON-DISCRIMINATION
11. Defendants are enjoined from engaging in age discrimination in violation of the
ADEA, and are specifically enjoined from causing or permitting any denial of equal terms,
conditions, or privileges of employment to an applicant or employee because of the individual’s
age (40-years-old or older), and from limiting, segregating, or classifying their employees in a way
that would deprive or tend to deprive their employees of equal employment opportunities or
otherwise adversely affect their employees’ status as employees because of their employees’ age
(40-years-old or older).
12. Defendants are further enjoined from retaliating against any individual for asserting
his or her rights under the ADEA, or otherwise engaging in protected activity, such as by
4

complaining of or opposing discrimination, filing a complaint or charge, or participating in or
giving testimony or assistance with an investigation or litigation.
MONETARY RELIEF
13. Within thirty (30) days of the Effective Date, Defendants shall pay Edward “Ted”
Starnes damages totaling $32,874.58 in the amounts and forms specified below:
a. Back pay: $19,752.00 – which constitutes back pay. This amount will be classified
as wages and will be subject to withholdings and payroll taxes. Defendants’
employer-side taxes and required employer contributions, including those under
FICA, are separate from, and shall not be deducted from, the back pay payment.
Defendants shall report the back pay payment to Mr. Starnes and the IRS via an
IRS Form W-2.
b. Interest: $2,314.74 – which constitutes interest on backpay. This payment will be
classified as non-wage damages, will not be subject to withholdings, and will be
paid in one lump sum. Defendants shall report such non-wage payment to Mr.
Starnes and the IRS via an IRS Form 1099-MISC.
c. Liquidated Damages: $10,807.84 – which constitutes liquidated damages. This
payment will be classified as non-wage damages, will not be subject to
withholdings, and will be paid in one lump sum. Defendants shall report such non-
wage payment to Mr. Starnes and the IRS via an IRS Form 1099-MISC.
d. The required payments shall be made by checks delivered via certified or express
overnight mail or another method capable of being tracked at the address to be
provided by EEOC within seven (7) days of the Effective Date.
5

14. Within thirty (30) days of the Effective Date, Defendants shall pay Jered Jones
damages totaling $17,125.42, in the amounts and forms specified below:
a. Back pay: $6,590.00 – which constitutes back pay. This amount will be classified
as wages and will be subject to withholdings and payroll taxes. Defendants’
employer-side taxes and required employer contributions, including those under
FICA, are separate from, and shall not be deducted from, the back pay payment.
Defendants shall report the back pay payment to Mr. Jones and the IRS via an IRS
Form W-2.
b. Interest: $977.58 – which constitutes interest on backpay. This payment will be
classified as non-wage damages, will not be subject to withholdings, and will be
paid in one lump sum. Defendants shall report such non-wage payment to Mr. Jones
and the IRS via an IRS Form 1099-MISC.
c. Liquidated Damages: $9,557.84 – which constitutes liquidated damages. This
payment will be classified as non-wage damages, will not be subject to
withholdings, and will be paid in one lump sum. Defendants shall report such non-
wage payment to Mr. Jones and the IRS via an IRS Form 1099-MISC.
d. The required payments shall be made by checks delivered via certified or express
overnight mail or another method capable of being tracked at the address to be
provided by EEOC within seven (7) days of the Effective Date.
15. Within three (3) days of such payments Defendants shall send a photocopy of each
check, along with a photocopy of the certified mail receipts or other documentation of delivery, to
the Commission.
6

NON-MONETARY RELIEF
Policies
16. As of January 12, 2023, Defendants have rescinded the housing policy at issue in
this litigation and have adopted and implemented a new housing policy for Cedar Point seasonal
workers (“the modified housing policy”) whereby the only age restriction for housing is that
otherwise eligible residents must be at least 18-years-old or older.
17. Within 30 days of the entry of this Decree, Defendants will send a written notice to
the last-known mailing and e-mail addresses of all current and former Cedar Point seasonal
employees employed at any time since January 1, 2018, notifying them of the rescission of the
housing policy at issue in this litigation and of the modified housing policy.
18. Any changes to the modified housing policy, and any subsequent housing policies,
shall provide equal terms, conditions, and privileges of employment, to individuals without regard
to the individual’s age (40-years-old or older), and shall provide equal employment opportunities
to employees without regard to the employee’s age (40-years-old or older).
19. Every March during the duration of the Decree, Defendants will provide EEOC
counsel of record, at clare.horan@eeoc.gov, with the current version of its housing policy for
Cedar Point seasonal employees and a sworn declaration authenticating this document as the
housing policy that is and will remain in effect for the upcoming season at Cedar Point.
20. Within thirty (30) days from the Effective Date, Defendants shall adopt and
disseminate an ADEA policy. The policy will be made part of the employee handbook or manual
and be disseminated to all current employees, including seasonal employees, who work at
Defendants’ Sandusky facilities. This policy shall clearly and affirmatively:
7

a. state that discrimination in the terms, conditions or privileges of employment,
including but not limited to housing benefits, based on age (40 years-old or older)
is prohibited;
b. state that limiting, segregating, or classifying employees in a way that would
deprive or tend to deprive the employees of equal employment opportunities or
otherwise adversely affect the employees’ status as employees because of their age
(40-years-old or older) is prohibited;
c. include an anti-retaliation provision expressly protecting employees who assert
their rights under the ADEA, or otherwise engage in protected activity, such as by
complaining or opposing discrimination, filing a complaint or charge, or
participating in or giving testimony or assistance with an investigation or litigation,
from any adverse action; and
d. establish a documented process for applicants and employees to report complaints
or allegations of age discrimination, and shall specify to whom complaints should
be directed, in what form the complaints should be made, and the process and
procedures Defendants will utilize to investigate and otherwise address the
complaints.
21. During the term of this Decree, any proposed amendments to Defendants’ ADEA
or related policies must be provided to the Commission at least thirty (30) days prior to their
proposed effective date and must be consistent with this Decree.
Training
22. Within thirty (30) days from the date of entry of the Decree, Defendants shall
provide, at their own expense, no less than two (2) hours of live, interactive EEO training for all
8

of Defendants’ Human Resources and Legal Department staff responsible for employment
decisions and policies for Cedar Point; and all individuals responsible for managing and
implementing Defendants’ housing benefits and policies for Cedar Point. This training shall be
live (remote or in-person) and provided by an outside professional previously agreed to by the
EEOC and with expertise in employment anti-discrimination laws, including the ADEA. The
training shall include written materials and interactive segments that cover, inter alia, discussions
of workplace discrimination prohibited by federal law, including discrimination based on age and
the requirements of the ADEA, as well as the content and administration of Defendants’ newly
adopted ADEA policy. The training shall further address the participants’ roles/responsibilities in
receiving or processing discrimination complaints. The training shall specifically cover
Defendants’ ADEA policy, and the ADEA’s prohibition against discrimination in the provision of
equal terms, conditions, or privileges of employment, including but not limited to housing benefits.
23. Within ten (10) days of compliance with Paragraph 22, Defendants shall provide to
counsel of record, at clare.horan@eeoc.gov, a copy of the training materials used, the date and
time of the training, and the names and positions of all employees attending the training.
24. Defendants shall provide the training described in Paragraph 22 to all persons
newly hired, re-hired, or promoted into any position covered by that paragraph within twenty-one
(21) days of their hiring, re-hiring, or promotion. Such training may be pre-recorded from the
initial live training session.
Notice Posting
25. Within ten (10) days after the Effective Date, Defendants shall post, in all physical
places where notices to employees are customarily posted at Defendants’ Sandusky facilities, and
upload to any intranet or other electronic system for sharing work information with employees,
9

the signed Notice attached hereto as Exhibit A. The posting of the Notice must be maintained for
the life of the Decree with the date of actual posting shown thereon. Should the Notice become
defaced, marred, or otherwise made unreadable, Defendants shall ensure that new, readable copies
of the Notice are posted in the same manner as heretofore specified.
26. Within ten (10) days of compliance with Paragraph 25, Defendants shall provide to
counsel of record, at clare.horan@eeoc.gov, a copy of the signed Notice and a certification that
such documents have been posted and uploaded as required, and a statement of the location(s) and
date(s) of posting and upload. Defendants shall provide additional certification on an annual basis
corresponding with the Effective Date for the duration of this Decree.
COMPLIANCE MONITORING
27. During the term of this Decree, the Commission is authorized to monitor
compliance with the Decree, which may occur through inspection of Defendants’ premises,
attendance or observance of events required by the Decree, interviews with Defendants’ employees
or representatives, production and inspection of Defendants’ records, and other investigatory
techniques provided for under 42 §§ U.S.C. 2008e-8, 2000e-9 or the Commission’s regulations.
28. During the duration of the Decree, Defendants shall, within thirty (30) days of
receiving any complaint or allegation of age-based discrimination regarding its employee housing
for Cedar Point seasonal employees, provide EEOC with a report and records concerning such
complaint. This shall include:
a. the full name, position, work location and last known contact information for the
person making the complaint and the person alleged to have committed or be
responsible for the discriminatory conduct;
10

b. the date, content and nature of the complaint, manner in which the complaint was
made, and the name and position of the person to whom it was made;
c. Defendants’ actions in response to the complaint, status and results of any
investigation, and person(s) responsible for conducting the investigation or
response;
d. all documents received, created, or compiled as part of the complaint or
investigation process or otherwise relating to same; and
e. supplemental information or records where the complaint, investigation or response
is ongoing.
DISPUTE RESOLUTION
29. Upon motion of the Commission, this Court may schedule a hearing for the purpose
of reviewing compliance with this Decree. Each party shall bear its own costs, expenses and
attorneys’ fees incurred in connection with such compliance action, unless this Court should
determine that shifting fees or costs is an appropriate sanction in such proceedings.
EEOC Reporting Requirements Under IRC Sections 162(f) and 6050X
30. The EEOC may be required to report the fact of this settlement to the IRS under
Section 162(f) and 6050X of the Internal Revenue Code which allow for certain payments by
employers to be deducted from the employer’s taxes. If the EEOC is required to do so, the EEOC
will provide the employer with a copy of the 1098-F form that it will provide to the Internal
Revenue Service (IRS).
a. Defendant Cedar Fair, L.P.’s applicable EIN is: 34-1560655.
b. Defendant Magnum Management Corporation’s applicable EIN is: 34-6525545.
11

Trial Attorney
U.S. EEOC
Philadelphia District Office
801 Market Street, Suite 1000
Philadelphia, PA 19107-3127
Phone: (267) 589-9769
clare.horan@eeoc.gov
IT IS SO ORDERED:
13th
Signed and entered this _______ March
day of __________________, 2024.
s/James G. Carr
U.S. District Judge
EXHIBIT A
13

U.S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION
POSTED PURSUANT TO FEDERAL COURT ORDER

EEOC v. CEDAR FAIR, L.P., D/B/A CEDAR POINT and MAGNUM MANAGEMENT
CORPORATION (N.D. OHIO, 3:23-cv-01843-JGC)
This Notice is posted as part of the resolution of a lawsuit filed by the United States Equal
Employment Opportunity Commission (“EEOC”) against Cedar Fair, L.P., d/b/a Cedar Point, and
Magnum Management Corporation (“Cedar Point”). The EEOC enforces federal laws prohibiting
discrimination based on sex, race, color, national origin, religion, disability, age or genetic
information, and retaliation for reporting or opposing such discrimination.
The EEOC alleged that Cedar Point subjected returning, out-of-town seasonal employees age 40
and older to age discrimination in violation of the Age Discrimination in Employment Act
(“ADEA”) by implementing a policy that denied employees housing and transportation benefits
during the 2021 and 2022 seasons based on their age. The ADEA prohibits an employer from
denying an individual equal terms, conditions, and privileges of employment, as well as denying
an employee equal employment opportunities, because of his or her age (40 and older). As of
January 12, 2023, Cedar Point has rescinded the housing policy at issue.
To resolve this lawsuit, the EEOC and Cedar Point have entered into a Consent Decree which
provides, among other things, that Cedar Point: (1) will continue to utilize a housing policy that
will not discriminate against employees age 40 and older; (2) will not deny individuals equal terms,
conditions, or privileges of employment, including housing benefits, because of their age (age 40
and older); and (3) will train all of Cedar Point’s Human Resources and Legal Department staff
responsible for employment decisions and policies for Cedar Point, and all individuals responsible
for managing and implementing the housing benefits and policies for Cedar Point, on the federal
laws prohibiting age discrimination.
Cedar Point and its managers, supervisors and agents, will continue to support and comply with
federal laws, enforced by the EEOC, that make it unlawful to discriminate against any employee
because of race, color, religion, sex, national origin, age, disability, or genetic information with
respect to recruitment, hiring, promotion, discharge, compensation and all terms and conditions or
privileges of employment. Cedar Point will not take any adverse action against current employees
or former employees because they exercise their rights under the law.
Cedar Point is committed to maintaining a work environment free of discrimination and retaliation.
If an employee has reason to believe that he/she, or any other employee has been subjected to
15

discrimination and/or retaliation, or has witnessed or heard of any such acts, the employee should
report such incidents to his or her Director of Human Resources.
If you believe you have been discriminated or retaliated against, you may file a charge of
discrimination with the EEOC. For more information on filing a charge of discrimination, or
locating your nearest EEOC office, visit www.eeoc.gov.
______________ _________________________________
Date [name/title Defendants’ representative]
THIS OFFICIAL NOTICE MUST REMAIN POSTED FOR 5 YEARS AFTER (insert
effective date)
16

Cedar Point Decision

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Cedar Point Decision

Uploaded by

Copyright:

Available Formats

          

Case: 3:23-cv-01843-JGC Doc #: 12 Filed: 03/13/24 1 of 15. PageID #: 65

IN THE UNITED STATES DISTRICT COURT

Plaintiff, Civil Action No. 3:23-cv-01843-JGC

INTRODUCTION AND FINDINGS

Magnum Management Corporation (“Defendants”), alleging that Defendants implemented a

conditions, or privileges of employment to seasonal employees age 40 and older.

to and collectible by the United States.

consideration of the record herein,

It is ORDERED, ADJUDGED AND DECREED:

Corporation, and their owners, members, directors, officers, employees, successors,

B. “Commission” shall mean the U.S. Equal Employment Opportunity Commission.

D. “Parties” shall mean collectively Defendants and the Commission.

E. “Days” shall mean calendar days.

2. This Decree shall apply to all of Defendants’ employees, including seasonal

employees, in their Sandusky facilities.

Federal Rule of Civil Procedure 6 (a)(1).

4. If one or more provisions of this Decree are adjudicated to be unlawful or

connection with the action.

and information shall be by certified or electronic mail:

this action, through the date of entry of the Decree.

judgment or agreement related to the same.

actions against Defendants for claims not resolved by this Decree.

conditions, or privileges of employment to an applicant or employee because of the individual’s

complaining of or opposing discrimination, filing a complaint or charge, or participating in or

giving testimony or assistance with an investigation or litigation.

as wages and will be subject to withholdings and payroll taxes. Defendants’

employer-side taxes and required employer contributions, including those under

IRS Form W-2.

b. Interest: $2,314.74 – which constitutes interest on backpay. This payment will be

classified as non-wage damages, will not be subject to withholdings, and will be

Starnes and the IRS via an IRS Form 1099-MISC.

c. Liquidated Damages: $10,807.84 – which constitutes liquidated damages. This

payment will be classified as non-wage damages, will not be subject to

overnight mail or another method capable of being tracked at the address to be

provided by EEOC within seven (7) days of the Effective Date.

damages totaling $17,125.42, in the amounts and forms specified below:

as wages and will be subject to withholdings and payroll taxes. Defendants’

employer-side taxes and required employer contributions, including those under

b. Interest: $977.58 – which constitutes interest on backpay. This payment will be

classified as non-wage damages, will not be subject to withholdings, and will be

and the IRS via an IRS Form 1099-MISC.

c. Liquidated Damages: $9,557.84 – which constitutes liquidated damages. This

payment will be classified as non-wage damages, will not be subject to

overnight mail or another method capable of being tracked at the address to be

provided by EEOC within seven (7) days of the Effective Date.

otherwise eligible residents must be at least 18-years-old or older.

to employees without regard to the employee’s age (40-years-old or older).

Defendants’ Sandusky facilities. This policy shall clearly and affirmatively:

a. state that discrimination in the terms, conditions or privileges of employment,

b. state that limiting, segregating, or classifying employees in a way that would

deprive or tend to deprive the employees of equal employment opportunities or

(40-years-old or older) is prohibited;

c. include an anti-retaliation provision expressly protecting employees who assert

complaining or opposing discrimination, filing a complaint or charge, or

participating in or giving testimony or assistance with an investigation or litigation,

from any adverse action; and

d. establish a documented process for applicants and employees to report complaints

or allegations of age discrimination, and shall specify to whom complaints should

procedures Defendants will utilize to investigate and otherwise address the

proposed effective date and must be consistent with this Decree.

receiving or processing discrimination complaints. The training shall specifically cover

initial live training session.