Delgado-Colon, Judge Aida M.

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Consent Decrees Labor and Employment Law Program 
8-21-2008 
EEOC v. Moka Shoe Corporation 
Judge Aida M. Delgado-Colon 
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EEOC v. Moka Shoe Corporation 
Keywords 
EEOC, Sylvia Caban, Maribel Rodriguez, Moka Shoe Corporation, 3:06-cv-1976 (ADC), Consent Decree, 
Retaliation, Sexual Harassment, Sex, Female, Retail, Employment Law, Title VII 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/346 
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF PUERTO RICO 
UNITED STATES EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION, 
CIVIL ACTION NO. 
3:06-cv-1976(ADC) 
Plaintiff, 
v. 
MOKA SHOE CORPORATION, 
Defendant. 
_ ^ / 
CONSENT DECREE 
I. THE LITIGATION 
1. This Consent Decree ("Decree") is made and entered into by and between 
Plaintiff, the Equal Employment Opportunity Commission, and Defendant Moka Shoe 
Corporation. EEOC and Defendant are collectively referred to as the "Parties" 
throughout this Decree. 
2. EEOC filed this action alleging that Defendant violated Title VII of the 
Civil Rights Act of 1964 when it subjected Sylvia Caban and Maribel Rodriguez to 
sexual harassment and retaliated against Sylvia Caban for complaining about the 
unlawful harassment. Moka Shoe denies the allegations. 
3. In the interest of resolving this matter and as a result of having engaged in 
comprehensive settlement negotiations, the parties have agreed that this action should be 
finally resolved by entry of this Decree. This Decree resolves EEOC Charge No. 162-
2005-00382 filed by Maribel Rodriguez against Defendant and EEOC Charge No. 162-
2005-00383 filed by Sylvia Caban. The Decree does not resolve any other Charges of 
Discrimination including any pending or future charges. 
H. FINDINGS 
4. Having carefully examined the terms and provisions of this Decree, and 
based on the pleadings, record, and stipulations of the parties, the Court finds the 
following: 
a. This Court has jurisdiction over the subject matter of this action 
and the parties. 
b. No party shall contest the jurisdiction of this Federal Court to 
enforce this Decree and its terms or the right of the EEOC to bring an enforcement suit 
upon alleged breach of any term(s) of this Decree. 
c. The terms of this Decree are and shall be binding upon the present 
and future representatives, agents, directors, officers, successors, and assigns of 
Defendant. 
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: 
ni. MONETARY RELIEF 
5. Defendant shall pay an aggregate of ONE HUNDRED THOUSAND 
DOLLARS ($100,000.00) to resolve this litigation to be paid to Sylvia Caban and 
Maribel Rodriguez in the manner set forth below: 
a. Fifty thousand dollars ($50,000) shall be paid to Sylvia Caban 
1. Twenty thousand dollars ($20,000) shall be representative 
of lost wages to Sylvia Caban, less amounts required to be withheld for Commonwealth 
of Puerto Rico income taxes. Defendant will issue a Commonwealth of Puerto tax form 
to Sylvia Caban for such amount, and Defendant shall be responsible for paying the 
employer's share of any income taxes and social security withholdings. 
2. Thirty thousand dollars ($30,000) shall be representative of 
compensatory damages. Defendant shall issue a Commonwealth of Puerto Rico tax form 
to Sylvia Caban for this amount. 
b. Fifty thousand dollars ($50,000) shall be paid to Maribel 
Rodriguez. 
1. Twenty thousand dollars ($20,000) shall be representative 
of lost wages to Maribel Rodriguez, less amounts required to be withheld for 
Commonwealth of Puerto Rico income taxes. Defendant will issue a Commonwealth of 
Puerto tax form to Maribel Rodriguez for such amount, and Defendant shall be 
responsible for paying the employer's share of any income taxes and social security 
withholdings. 
2. Thirty thousand dollars ($30,000) shall be representative of 
compensatory damages. Defendant shall issue a Commonwealth of Puerto tax form to 
Maribel Rodriguez for this amount. 
6. Defendant shall make these payments in three installments of equal 
amounts: 
a. The first payment shall be made by September 15,2008. 
b. The second payment shall be made by October 15,2008. 
c. The third payment shall be made by November 15,2008. 
Defendant shall mail all payments described in paragraph 5(a) directly to Sylvia Caban 
Certified Mail (Return Receipt Requested) at the following address: 3342 S. Semoran 
Blvd. Apt. 8, Orlando, FL 32822 and in paragraph 5(b) to Maribel Rodriguez at the 
following address: 262 Pascua Street, Urb. Corchado, Isabela, PR 00662. Copies of all 
payments and tax forms shall be forwarded to the attention of Nora E. Curtin, Regional 
Attorney, U.S. Equal Employment Opportunity Commission, Miami District Office, 2 
South Biscayne Blvd., Suite 2700, Miami, Florida 33131 within five calendar days of 
issuance. 
7. If Defendant fails to tender payments described in paragraph 5 in the 
manner set forth in paragraph 6, then Defendant shall pay interest on the defaulted 
payment at the rate calculated pursuant to 26 U.S.C. §6621(b) until it is paid, and bear 
any additional costs incurred by Defendant's delay or non-compliance. 
IV. GENERAL INJUNCTIVE PROVISIONS 
8. Defendant denies that it engaged in any discriminatory conduct but agrees 
that Moka Shoe, its officers, managers, employees, agents and partners, successors and 
assigns, shall refrain from engaging in sexual harassment in violation of Title VII of the 
Civil Rights Act of 1964. 
9. Defendant, its officers, managers, agents and partners, successors and 
assigns, and all persons acting in concert with shall refrain from retaliating against any 
employee because he or she has opposed any of Defendant's practices which the 
employee believed to be a violation of Title VII, filed a charge of discrimination with the 
EEOC alleging violation(s) of such statute, testified or participated in any manner in any 
investigation, proceeding, or hearing under Title VII, or asserted any rights under this 
Decree. 
V. DISTRIBUTION OF ANTI-DISCRIMINATION POLICY 
10. Defendant shall redistribute its written policy prohibiting discrimination 
and sexual harassment ("Policy") to all current employees and management staff within 
sixty calendar days after the entry of this Consent Decree. This Policy shall clearly 
define conduct prohibited by Title VTI. The Policy shall specifically prohibit all forms of 
sexual harassment and retaliation. 
11. A copy of the Policy referenced in paragraph 10 shall be forwarded to 
EEOC within thirty calendar days of the entry of this Decree. This and any other 
submissions, reports, certifications, notices, or other materials that are required to be 
submitted to EEOC shall be mailed to Nora E. Curtin, Regional Attorney, U.S. Equal 
Employment Opportunity Commission, Miami District Office, 2 South Biscayne Blvd., 
Suite 2700, Miami, Florida 33131. 
12. The Policy shall be included in any relevant policy or employee manuals 
kept by Defendant's business. The Policy shall also be kept and maintained in a 
conspicuous and accessible place for all employees at all of Defendant' facilities and 
printed in a font that is easily legible (at least 12 point font). The Policy shall be kept and 
maintained in an area that is accessible to all workers. 
13. A copy of the Policy shall be distributed to each new regular full-time, 
part-time, or temporary employee on the day the employee is hired and, for temporary 
workers who are assigned to work for Defendant through a staffing or temporary agency, 
on the day that the worker first performs work for Defendant. The manager responsible 
for distributing the Policy shall review the Policy in depth with each new employee. 
Defendant shall maintain records demonstrating that each new employee discussed the 
Policy with the responsible manager and illustrating the length of time spent discussing 
the Policy. 
VI. TRAINING 
14. Defendant shall provide training to all of its management personnel on 
Title VH and the Policy. The training shall be conducted by videotape which has been 
prepared by an entity acceptable to the EEOC. This training shall be conducted 
separately from other job-related training and/or business-wide meetings and the training 
sessions shall be dedicated solely to Title VII and the Policy. Defendant shall provide 
EEOC with written notice of the training session, including the location of the training, 
no later than fifteen business days before the session. Defendant will provide EEOC any 
and all copies of pamphlets, brochures, outlines, or other written materials provided to the 
participants of the training sessions at least fifteen calendar days before any materials are 
used in the training sessions. 
15. Defendant agrees that EEOC shall, at EEOC's discretion, be in attendance 
at each training session. 
16. Within ten calendar days of completing the training session, Defendant 
shall notify EEOC of the dates the training was conducted, the name and title of the 
person(s) who conducted the training, and the name and job title of each person who 
received the training. 
VTI. POSTING OF NOTICE 
17. Within ten (10) business days after entry of this Decree, Defendant shall 
post an eleven (11) inches by fourteen (14) inches laminated copy of a Spanish-language 
translation of the Notice attached as Exhibit A to this Decree at each of its facilities in a 
conspicuous location easily accessible to and commonly frequented by persons who 
perform work for Defendant. The Notice shall remain posted for one year from the date 
of entry of this Decree. Defendant shall take all reasonable steps to ensure that the 
posting is not altered, defaced or covered by any other material. Defendant shall certify 
to EEOC in writing within fifteen days after entry of the Decree that the Notice has been 
properly posted. Defendant shall permit a representative of EEOC to enter Defendant's 
premises for purposes of verifying compliance with this paragraph at any time during 
normal business hours without prior notice. 
VIE. MONITORING AND REPORTING 
18. Defendant shall furnish to EEOC the following written reports twice 
annually for a period of one year following the entry of this Decree. The first report shall 
be due six months after entry of the Decree. Each report shall contain: 
a. A description of each complaint of sexual harassment, including 
the names, addresses and current telephone numbers of the complaining parties and 
witnesses and the resolution of such complaint of each person complaining about 
discrimination. 
b. A description of any and all action Defendant took in response to 
each complaint, conclusions reached, and actions taken as a result of each complaint, and 
all related investigative records and/or documents related to the complaint/s and 
investigation/s. 
c. A certification by Defendant that the Notice required to be posted 
remained posted during the entire six month period preceding the report. 
19. Defendant shall provide the last known home address, home telephone 
number, and mobile telephone number for all persons within its employ during the term 
of the Decree whom EEOC requests and identifies for purposes of verifying compliance 
with this Decree within ten business days of EEOC's request. In the event that EEOC is 
unable to contact an employee for purposes of verifying compliance with this Decree, it 
shall notify Defendant and Defendant shall, within ten business days, provide EEOC with 
the employee's scheduled hours of work over the next fourteen day period so that EEOC 
can conduct interviews during employees' breaks, at the end of the day, or at some other 
time convenient to the employee and EEOC. Defendant agrees that it will not discourage 
employees from participating in the interviews. 
20. Nothing in this Decree shall be construed to limit any obligation 
Defendant may otherwise have to maintain records under any law or regulation. 
EX. DURATION OF THE DECREE AND RETENTION OF JURISDICTION 
21. All provisions of this Decree shall be in effect for a period of one (1) year 
immediately following entry of the Decree. 
SO ORDERED, ADJUDGED AND DECREED, this 21 day of August, 
2008. 
AGREED TO: 
FOR THE PLAINTD7F, UNITED STATES EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION 
By: /s/NoraE.Curtin Date: 20 August 2008 
NORA E. CURTTN 
Regional Attorney 
United States Equal Employment 
Opportunity Commission 
2 S. Biscayne Blvd., Ste. 2700 
Miami, FL 33131 
Telephone: (305) 808-1789 
Facsimile: (305) 808-1834 
nora.curtin@eeoc.gov 
AGREED TO: 
FOR DEFENDANT MOKA SHOE CORPORATION 
By: /s/ Graciela J. Belaval Esq. Date: 20 August 2008 
GRACIELA J. BELAVAL, ESQ. 
Attorney for Defendants 
Bar No. 201007 
MARTINEZ, ODELL & CALABRIA 
P.O. Box 190998 
San Juan, Puerto Rico 00919-0998 
Tel: (787)753-8914 
Fax: (787) 759-9075,753-8402 
E-mail: gbelaval@mocpr.com 
ENTERED: 
Date: 9/z.tf^ 
UNITED STATES DISTRICT COURT JUDGE 
EXHIBIT A 
NOTICE TO ALL EMPLOYEES OF MOKA SHOE CORPORATION 
PURSUANT TO CONSENT DECREE 
This Notice is being posted pursuant to a Consent Decree entered by the United States 
District Court in EEOC v. Moka Shoe Corporation. Civil Action No. 3:06-cv-1976 
(ADC). 
Moka Shoe Corporation is committed to providing all employees with a workplace that is 
free from discrimination. 
EEOC is the United States government agency that enforces federal laws prohibiting 
employment discrimination on the basis of sex, race, national origin, religion, color, 
disability and age. If you believe you have been discriminated against, you may contact the 
San Juan Office of EEOC at 787 771 1464. EEOC charges no fees and has employees who 
speak Spanish and English. 
This Notice must remain posted for one year (1) from the date below and must not be 
altered, defaced or covered by any other material. Any questions about this 
Notice or compliance with its terms may be directed to: 
Date: 
MOKA SHOE CORPORATION 
DO NOT REMOVE BEFORE AUGUST 2009. 


EEOC v. Moka Shoe Corporation

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EEOC v. Moka Shoe Corporation

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