Armijo, Judge M. Christina

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Cornell University ILR School 
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Consent Decrees Labor and Employment Law Program 
12-5-2002 
EEOC v. Brink's Incorporated 
Judge M. Christina Armijo 
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EEOC v. Brink's Incorporated 
Keywords 
EEOC, Brink's, CIV-01-0473-MCA-LFG, consent decree, disparate treatment, promotion sex, female, 
transportation, employment law, Title VII 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/369 
V.1 "5 FILED 
UNneO STATES MSTTOCT COURT 
IN THE UNITED STATES DISTRICT COURT A L B U Q ^*OUE, NEW MEXICO 
FOR THE DISTRICT OF NEW MEXICO
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EQUAL EMPLOYMENT OPPORTUNITY) /f*Pf% t*^ , J) 
COMMISSION, 
Plaintiff, 
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BRINK'S, INCORPORATED, 
Defendant. 
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CIV 01-0473 MCA/LFG 
CONSENT DECREE 
The United States Equal Employment Opportunity Commission (the "Commission" or 
"EEOC") filed this action against Brink's Incorporated ("Defendant"), to enforce Title VII of the 
Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991. In the Complaint, the 
Commission alleged that Elizabeth Montoya, an employee of Defendant's Albuquerque Branch, 
was not promoted to the position of Assistant Branch Manager because of her sex, female. 
The parties to this Consent Decree do not object to the jurisdiction of the Court over this 
action and waive their rights to a hearing and the entry of findings of fact and conclusions of law. 
It is hereby ORDERED, ADJUDGED AND DECREED: 
1. This decree resolves all claims of the Commission and Elizabeth Montoya arising 
out of the issues in this lawsuit against Defendant, including claims for back pay, compensatory 
and punitive damages, interest, injunctive relief, attorneys' fees and costs. 
INJUNCTION 
2. For the duration of this Consent Decree, Defendant, its managers, officers, agents, 
employees, successors, assigns and all persons in active concert or participation with them, shall 
not discriminate against any employee because of his or her sex, including discrimination related 
to promotion decisions. 
3. For the duration of this Consent Decree, Defendant, its managers, officers, agents, 
employees, successors, assigns, and all those in active concert or participation with them, or any 
of them, shall not engage in reprisal or retaliation of any kind against Elizabeth Montoya, any 
witness who testified, assisted, or participated in any manner in this case or any person because 
such person: 
A. opposed any practice made unlawful under Title VII; 
B. filed a charge of discrimination with the Commission or a state agency or testified 
or participated in any manner in any investigation, proceeding or hearing under 
the Title VII; 
C. requested and/or received relief in accordance with this Consent Decree; or 
D. participated in any manner in this action or in the investigation giving rise to this 
action. 
RELIEF TO CHARGING PARTY 
4. Within seven (7) calendar days after this Consent Decree is approved by the 
Court, Brink's shall make payment in the form of a business check made payable to Elizabeth 
Montoya in the amount of $58,750.00 for compensatory damages. Brink's will issue a United 
States Internal Revenue Service Form 1099 to Ms. Montoya for the amounts designated as 
compensatory damages. 
5. Within five (5) days of issuance of the check required by paragraph 4 above, 
Defendant shall submit a copy of the checks and related correspondence to the Regional 
Attorney, Equal Employment Opportunity Commission, Albuquerque District Office, 505 
Marquette NW, Suite 900, Albuquerque, New Mexico 87102-2189. 
2 
6. Defendant shall provide Elizabeth Montoya with a brief letter of recommendation 
signed by a Brink's official at the District Manager level or above. The letter provided to Ms. 
Montoya shall be consistent with the language contained in Exhibit B to this Decree. 
7. In response to any written employment inquiries or reference checks concerning 
Elizabeth Montoya, Defendant shall provide only Ms. Montoya's dates of employment, job titles 
and salary. This provision shall remain in force for so long as Ms. Montoya uses the Defendant 
as a reference and is not limited to the two-year duration of this decree. 
8. Within ten (10) days of entry of this decree, Defendant shall distribute Brink's 
Policies and Procedures Manual section regarding Reference Inquiries and Credit Checks to local 
management of the Albuquerque Branch and to all Albuquerque Branch employees whose duties 
involve responding to such inquires. 
DEFENDANT'S POLICIES AND PRACTICES 
9. To assist Defendant in its effort to foster a work environment free of sex 
discrimination, Defendant shall take the actions provided for in Paragraphs 10 and 11. 
10. Defendant shall post within thirty (30) days of the entry of this Consent Decree, 
for a period of twenty-four (24) months in a prominent place frequented by its employees in New 
Mexico, the Notice attached to this Decree as Exhibit A. This Notice shall be the same type, 
style and size as in Exhibit A. 
11. Defendant shall provide training on sex discrimination according to the following 
terms: 
A. Defendant shall provide at least two training sessions during the term of this 
Consent Decree. All employees, including managers and supervisors, at all New 
3 
Mexico facilities shall attend the training. Duplicative sessions may be held to 
accommodate staffing needs. Defendant shall be responsible for all costs 
associated with this training. 
B. During the first year of the Consent Decree, the training shall be conducted within 
four (4) months of the entry of this decree. Additional training shall be conducted 
at least once in the second year of this Consent Decree, which will be conducted 
no later than twenty months after entry of the Decree. 
C. Defendant shall select a trainer qualified to conduct training on the subject of sex 
discrimination and shall submit the trainer's name, resume, training agenda and 
the date(s) of the proposed training to the Regional Attorney of the Albuquerque 
office of the Equal Employment Opportunity Commission within sixty (60) days 
of the entry of this Consent Decree. During the second year of the Consent 
Decree, the above information concerning the proposed training session shall be 
submitted to the Regional Attorney at least forty-five (45) days prioT to the 
seminar-training session. 
D. The training shall include a minimum of two hours of instruction. All personnel 
designated in Paragraph A shall both register and attend the training. The registry 
of attendance shall be retained by Defendant at least for the duration of the 
Consent Decree. 
E. The training, at a minimum, shall include the subjects of: what constitutes 
unlawful discrimination based on sex; that sex discrimination in promotion 
practices, hiring, firing, compensation, assignment or other terms, conditions or 
privileges of employment violates Title VII; how to prevent sex discrimination; 
how to provide a work environment free from sex discrimination, and to whom 
4 
and by what means employees may complain if they feel they have been 
subjected to sex discrimination. 
F. Immediately following the training sessions, Defendant's highest ranking 
managerial official(s) in New Mexico shall speak to the employees about: (1) 
potential discipline that can be taken against supervisors, managers and 
employees who commit acts of sex discrimination or who allow sex 
discrimination to occur in the workplace; (2) the importance of maintaining an 
environment free of sex discrimination; and (3) the employer's policies regarding 
sex discrimination. This time shall not be counted toward the two-hour minimum 
training required in Paragraph 1 ID. In the event of the need for duplicative or 
make-up training sessions, the Defendant may present the managerial official's 
remarks by video presentation. All such video presentations shall be copied and 
supplied to the Commission in accord with Paragraph 13 of this Consent Decree. 
G. For the duration of this decree, at or around the time of hire, employees hired after 
the annual training is presented shall view a video tape of the training and/or a 
professional training tape which covers the topics set forth in Paragraph 11E, and 
shall be given any written material disseminated at the training. 
12. In accordance with this Consent Decree, the Commission, at its discretion, may 
designate Senior Trial Attorney Loretta Medina, or other appropriate Commission representative, 
to attend the training sessions held pursuant to Paragraph 11 of this Decree. 
5 
REPORTING OF COMPLIANCE 
13. Defendant shall report in writing and in affidavit form c/o the Regional Attorney 
of the Equal Employment Opportunity Commission's Albuquerque District Office at 505 
Marquette NW, Suite 900, Albuquerque, New Mexico 87102-2189, beginning six months from 
the date of the Entry of this Consent Decree, and thereafter every six months for the duration of 
the Consent Decree the following information: 
A. The registries of persons attending each of the seminar-training sessions required 
in Paragraph 11 and a list of current employees for all New Mexico facilities on 
the day of the seminar-training session(s). 
B. An affidavit from Defendant's highest ranking official(s) in New Mexico stating: 
(1) the Notice required in Paragraph 10 was posted and the locations where it was 
posted and (2) it has complied with Paragraphs 2-11 of this Consent Decree. 
COSTS AND DURATION 
14. Each party shall bear its costs and attorneys' fees incurred as a result of this action 
through the entry of this Consent Decree. 
15. The duration of this Consent Decree shall be two (2) years from the date of its 
entry. This Court shall retain jurisdiction of this action for the duration of the Consent Decree, 
during which the Commission may petition this Court for compliance with this Consent Decree. 
Should the Court determine that Defendant has not complied with this Consent Decree, 
appropriate relief, including extension of this Consent Decree for such period as may be 
necessary to remedy its noncompliance, may be ordered. 
6 
16. Without further action by the parties, this Consent Decree shall expire by its own 
terms at the end of two (2) years after the date of entry. 
17. The parties agree to entry of this Consent Decree subject to final approval by the 
Court. 
ENTERED AND ORDERED this 3 day of Uft < L » ^ \ w £» 2002. 
THE HONORABLE M. CHRISTINA ARMIJO 
UNITED STATES DISTRICT JUDGE 
APPROVED AND CONSENTED TO: 
GWENDOLYN YOUNG REAMS 
Associate General Counsel 
Litigation Management Services 
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION 
1801 L Street, N.W. 
Washington, D.C. 20507 
MARY JO O'NEILL ' r 
Regional Attorney 
C. EMANUEL SMITH ' ' 
Supervisory Trial Attorney 
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION 
3300 N. Central Ave., Suite 690 
Phoenix, Arizona 85012 
7 
f 
/friMES E. KELLETT, ESQ LORETTA MEDINA 
Senior Trial Attorney 
G. BALDWIN, ESQ. 
KING, PAGANO & HARRISON 
425 Park Avenue 
New York, New York 10022 
Telephone: (212) 223-4000 
VERONICA A. MOLINA 
Trial Attorney 
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION 
Albuquerque District Office 
505 Marquette NW, Suite 900 
Albuquerque, New Mexico 87102-2189 
Telephone: (505) 248-5230 
Attorneys for Defendant Attorneys for Plaintiff 
NOTICE TO ALL EMPLOYEES OF 
BRINK'S INCORPORATED 
This Notice is posted pursuant to a Consent Decree between Brink's, Incorporated 
("Brink's) and the Equal Employment Opportunity Commission (EEOC). 
It is unlawful under the federal law (Title VII of the Civil Rights Act of 1964) and 
state law to discriminate against an employee on the basis of sex in promotion 
practices, hiring, firing, compensation or other terms, and conditions or privileges 
of employment. 
Brink's prohibits all forms of sex discrimination, including sex discrimination in 
promotion practices. Brink's does not discriminate on the basis of sex. Brink's 
does not retaliate against any employee who opposes a practice made unlawful 
under federal law, files, assists or participates in the filing of a charge of 
discrimination or participates in any investigation under Title VII, or who files a 
grievance alleging discrimination. 
If you believe you are being discriminated against or retaliated against you should 
report this to the designated investigative officer at your workplace who may be 
contacted at 
If you believe you have been discriminated against by your Employer you have 
the right to seek assistance from: 
1) Equal Employment Opportunity Commission (EEOC), 505 Marquette, 
Suite 900, Albuquerque, New Mexico 87102, (505) 248-5201 or 1-800-
669-4000. 
or 
(2) The New Mexico Department of Labor, Human Rights Division, 1596 
Pacheco St., Suite 103, Santa Fe, New Mexico 87505, (505) 827-6838. 
You have the right to file a charge with the EEOC or the Department of Labor if 
you believe you are being discriminated against. 
EXHIBIT A 
DATE 
To Whom It May Concern: 
Elizabeth Montoya has been employed with Brink's, Incorporated in Albuquerque, New 
Mexico, for eleven years and seven months. She has held the positions of Driver, Messenger, 
Office Employee and Secretary, and also has worked in the Currency Room, Vault, 
ATM/Compusafe operations. Ms. Montoya has been a dedicated and hard-working employee. 
Ms. Montoya is very capable in accounting and office management. She also has strong 
customer service skills. 
Sincerely, 
DISTRICT MANAGER OR HIGHER OFFICIAL 
EXHIBIT B 


EEOC v. Brink\u27s Incorporated

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1368&amp;context=condec

EEOC v. Brink\u27s Incorporated

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