Phillips, Judge Virginia A.

English

DigitalCommons@ILR

Cornell University ILR School 
DigitalCommons@ILR 
Consent Decrees Labor and Employment Law Program 
6-14-2008 
EEOC v. Intrawest Golf Management, Inc., and Does 1-10, 
Inclusive 
Judge Virginia A. Phillips 
Follow this and additional works at: https://digitalcommons.ilr.cornell.edu/condec 
Thank you for downloading this resource, provided by the ILR School's Labor and Employment 
Law Program. Please help support our student research fellowship program with a gift to the 
Legal Repositories! 
This Article is brought to you for free and open access by the Labor and Employment Law Program at 
DigitalCommons@ILR. It has been accepted for inclusion in Consent Decrees by an authorized administrator of 
DigitalCommons@ILR. For more information, please contact catherwood-dig@cornell.edu. 
If you have a disability and are having trouble accessing information on this website or need materials in an 
alternate format, contact web-accessibility@cornell.edu for assistance. 
EEOC v. Intrawest Golf Management, Inc., and Does 1-10, Inclusive 
Keywords 
EEOC, Intrawest Golf Management, Inc., and Does 1-10, Inclusive, EDCV-07-1179 VAP (JCRx), Consent 
Decree, Hostile Work Environment, Sex, Female, Service, Employment Law, Title VII 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/328 
Csae 5:07-cv-01179-VAP-JCR Document 11 Filed 06/14/2008 Page 1 of 9 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
Anna Y. Park, SBN 164242 
Dana C. Johnson, SBN 187341 
Thomas S. LepakJSBN 245649 
U.S. EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION 
255 East Temple Street Fourth Floor IS-fi 
Los Angeles, CA 90012 u o u 
Telephone: (213) 894-1083 
Facsimile: (213) 894-1301 
E-Mail: Iado.legal@eeoc.gov 
Attorneys for Plaintiff 
U.S. EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION 
BRIAN T. McMILLAN, Bar No. 111890 
SHANNON R. BOYCK Bar No. 229041 
LITTLER MENDELSON 
A Professional Corporation , 
50 West San Fernando Street, 15 Floor 
San Jose, CA 95113.2303 
Telephone: 408.998.4150 
Facsimile: 408.288.5686 
E-Mail: bmcmillan@littler.com 
sboy ce(g)Jittler .com 
Attorneys for Defendant 
INTRAWEST GOLF MANAGEMENT, INC. 
UNITED STATES DISTRICT COURT 
CENTRAL DISTRICT OF CALIFORNIA 
EASTERN DIVISION 
U.S. EQUAL EMPLOYMENT \ Case No. EDCV 07-1179 VAP (JCRx) 
OPPORTUNITY COMMISSION, 
Plaintiff, ] CONSENT DECREE 
vs. 
INTRAWEST GOLF 
MANAGEMENT, INC., and DOES 1-
10, Inclusive, 
Defendants. 
C£se5:07-cv-01179-VAP-JCR Document 11 Filed 06/14/2008 Page 2 of 9 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
INTRODUCTION 
Plaintiff U.S. Equal Employment Opportunity Commission ("EEOC") and 
Defendant Intrawest Golf Management, Inc. ("Intrawest Golf), hereby stipulate 
and agree to entry of this Consent Decree to resolve the EEOC's Complaint, filed 
under Sections 706(f)(1) of Title VII of the Civil Rights Act of 1964, as amended, 
42 U.S.C. § 2000e-5(f)(l) and Section 102 of the Civil Rights Act of 1991, 42 
U.S.C. § 1981a. The EEOC's Complaint alleges that Intrawest Golf discriminated 
against subjected its employee, ^ Q | , to a hostile environment because of 
sex in violation of Title VII. Defendant has denied that it harassed Charging Party 
and/or violated Title VII. The Commission and Defendant now seek to resolve this 
action without further contested litigation through the instant Consent Decree. This 
resolution does not constitute an admission of liability on the part of Defendant. 
I. JURISDICTION 
The Court has jurisdiction over the parties and the subject matter of this 
lawsuit, pursuant to 28 U.S.C. Sections 451, 1331, 1337, 1343, 1345, 1367 and 42 
U.S.C. 2000e-5(f). The Court shall retain jurisdiction of this action during the 
duration of the Decree for the purposes of entering all orders, judgments and 
decrees which may be necessary to implement and/or enforce the relief provided 
herein or to otherwise effectuate the purposes of the Decree. 
II. PURPOSES AND SCOPE OF THE CONSENT DECREE 
A. The parties to this Consent Decree ("Decree") are the EEOC and 
Intrawest Golf (collectively the "Parties"). This Decree shall be binding on and 
enforceable against Intrawest Golf and its officers, directors, agents, successors 
and assigns. 
C£se5:07-cv-01179-VAP-JCR Document 11 Filed 06/14/2008 Page 3 of 9 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
B. 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 for the following purposes: 
1. To avoid expensive and protracted costs incident to litigation; 
2. To provide a final and binding settlement upon the Parties as to 
all claims alleged in the Complaint; 
3. To provide monetary and injunctive relief; 
4. To ensure training for Intrawest Golfs employees with respect 
to their obligations under Title VII; and 
5. To provide effective responses to harassment complaints. 
III. EFFECTIVE DATE AND DURATION OF DECREE 
A. The provisions and agreements contained herein are effective 
immediately upon the date on which this Decree is entered by the Court ("the 
Effective Date"). 
B. Except as otherwise provided herein, the Decree shall remain in effect 
for two (2) years after the Effective Date. 
IV. FINDINGS 
Having examined the terms and provisions of this Decree and based on the 
pleadings, record and stipulation of the Parties, the Court finds the following: 
A. The Court has jurisdiction over the Parties and the subject matter of 
this action. The Complaint asserts claims that, if proven, would authorize the 
Court to grant the relief set forth in this Decree. 
B. The terms and provisions of this Decree are adequate, fair, reasonable, 
equitable and just. The rights of the Parties and the public interest for which the 
EEOC seeks redress are protected adequately by this Decree. 
C£se5:07-cv-01179-VAP-JCR Document 11 Filed 06/14/2008 Page 4 of 9 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
C. This Decree conforms with the Federal Rules of Civil Procedure and 
Title VII and is not in derogation of the rights and privileges of any person. The 
entry of this Decree will further the objectives of Title VII and will be in the best 
interest of the Parties. 
V. RESOLUTION OF CLAIMS 
A. The Parties agree that this Decree constitutes a complete resolution of 
EEOC Charge No. 345-2005-01154 and the Complaint filed in this action. The 
Decree does not, however, resolve any charges of discrimination that may be 
pending with or brought in the future before the EEOC other than the charge 
specifically referred to in this paragraph. 
B. Nothing in this Decree shall be construed to limit or reduce Intrawest 
Golfs obligation to comply fully with Title VII or any other federal employment 
statute. 
C. This Decree in no way affects the EEOC's right to bring, process, 
investigate or litigate other charges that may be in existence or may later arise 
against Intrawest Golf in accordance with standard EEOC procedures. 
VI. MONETARY RELIEF 
Intrawest Golf shall pay ^ Q | a total of fifty thousand dollars 
($50,000.00) in settlement of all monetary claims. The monetary settlement 
constitutes compensatory damages for emotional distress alleged to have been 
sustained by j j ^ ^ ^ as a result of the conduct complained of in the Complaint. 
Accordingly, no FICA/FUTA or any other withholdings shall be made from any of 
the above payments. Defendant shall deliver a check to Ms. | g g ^ via certified 
mail to an address to be provided to Defendant by the EEOC, no later than fifteen 
(15) days from the Effective Date. Defendant shall submit a copy of the check and 
related correspondence to the Regional Attorney, United States Equal Employment 
C£se5:07-cv-01179-VAP-JCR Document 11 Filed 06/14/2008 Page 5 of 9 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
Opportunity Commission, 255 East Temple Street, 4th Floor, Los Angeles, CA 
90012, within three (3) days of issuing the check. At or before January 15, 2009, 
Defendant shall issue to Ms. | g ^ ^ via certified mail, an IRS 1099 form 
reflecting payment of the settlement amount. Defendant shall submit a copy of 
said IRS 1099 form and related correspondence to the Regional Attorney, United 
States Equal Employment Opportunity Commission, 255 East Temple Street, 4th 
Floor, Los Angeles, CA 90012, within three (3) days of issuing the IRS 1099 form. 
VII. INJUNCTIVE RELIEF 
A. Non-Discrimination 
Intrawest Golf, its officers, agents, management, successors, assigns, and all 
those in active concert or participation with any of them, hereby agree (1) not to 
engage in sexual harassment or other forms of sex discrimination; and (2) to 
prevent and correct any harassment or other discrimination on the basis of sex. 
Intrawest Golf, its officers, agents, management (including all supervisory 
employees), successors, assigns, and all those in active concert or participation 
with them, or any of them, hereby shall not implement or permit any action, policy 
or practice with the purpose of retaliating against any current or former employee 
because he or she has in the past, or during the term of this Decree: (a) opposed 
any practice made unlawful under Title VII; (b) filed a charge of discrimination 
alleging such practice; (c) testified or participated in any manner in any 
investigation (including without limitation, any internal investigation undertaken 
by Lawry's), proceeding in connection with this case and/or relating to any claim 
of a Title VII violation; (d) was identified as a possible witness or claimant in this 
action; (e) asserted any rights under this Decree; or (f) sought and/or received any 
relief in accordance with this Decree. 
B. Training 
C£se5:07-cv-01179-VAP-JCR Document 11 Filed 06/14/2008 Page 6 of 9 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
1. All of Intrawest Golf human resources personnel shall be 
required to attend training on their obligations and responsibilities under Title VII 
and Intrawest Golfs policies and procedures related to harassment within sixty 
days after the Effective Date. Thereafter, Intrawest Golf shall provide annual 
training to its human resources personnel for the Term of the Decree. 
2. The training shall include coverage of the subjects of equal 
employment opportunity rights and responsibilities; harassment discrimination, 
and retaliation; Intrawest Golf's policies and procedures for reporting and handling 
complaints of harassment and discrimination; how to recognize, prevent, and 
correct discrimination, harassment and retaliation; and how to receive, investigate, 
and/or report to designated officials complaints of discrimination, harassment or 
retaliation. 
3. Within forty-five (45) days of the Effective Date, and thereafter 
no later than fifteen (15) days prior to providing annual training to its human 
resources personnel as required in Paragraph B(l), Intrawest Golf shall submit its 
training materials to the EEOC. 
4. For the remainder of the term of this Decree, all new human 
resources personnel shall receive the training described in this Paragraph within 
ninety (90) days of hire or transfer into the human resources department. 
C. Reporting 
Within fifteen (15) days after the initial training of human resources 
personnel and each annual training thereafter, Intrawest Golf shall submit to the 
EEOC an report which containing 
1. a list of the names and positions of employment of each human 
resources employee who attended each training required and provided under 
this Decree; and 
C£se5:07-cv-01179-VAP-JCR Document 11 Filed 06/14/2008 Page 7 of 9 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
2. a list of the names and positions of each human resources 
employee who failed to attend the training, the reason training was not 
attended, and written confirmation that those employees will be trained 
within thirty (30) days of the missed training; 
VIII. MODIFICATION AND SEVERABILITY 
A. This Decree constitutes the complete understanding of the Parties with 
respect to the matters contained herein. No waiver, modification or amendment of 
any provision of this Decree will be effective unless made in writing and signed by 
an authorized representative of each of the Parties. 
B. If one or more provisions of the Decree are rendered unlawful or 
unenforceable, the Parties shall make good faith efforts to agree upon appropriate 
amendments to this Decree in order to effectuate the purposes of the Decree. In 
any event, the remaining provisions will remain in full force and effect unless the 
purposes of the Decree cannot, despite the Parties' best efforts, be achieved. 
C. By mutual agreement of the Parties, this Decree may be amended or 
modified in the interests of justice and fairness in order to effectuate the provisions 
of this Decree. 
IX. COMPLIANCE AND DISPUTE RESOLUTION 
A. The Parties expressly agree that if the EEOC has reason to believe that 
Intrawest Golf has failed to comply with any provision of this Consent Decree, the 
EEOC may petition this Court to enforce the Decree. Prior to initiating such 
petition, the EEOC will notify Intrawest Golf and/or its legal counsel of record, in 
writing, of the nature of the dispute. This notice shall specify the particular 
provision(s) that the EEOC believes has/have been breached. Absent a showing by 
either party that the delay will cause irreparable harm, Intrawest Golf shall have 
thirty days to attempt to resolve or cure the breach. 
C£se5:07-cv-01179-VAP-JCR Document 11 Filed 06/14/2008 Page 8 of 9 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
B. The Parties agree to cooperate with each other and use their best 
efforts to resolve any dispute referenced in the EEOC notice. 
C. After thirty days have passed with no resolution or agreement to 
extend the time further, the EEOC may petition this Court for compliance with this 
Decree, seeking all available relief, including, but not limited to, the imposition of 
attorneys' fees and costs and an extension of the term of the Decree for such period 
of time as Intrawest Golf is shown to be in breach of the Decree. 
X. COSTS OF ADMINISTRATION AND IMPLEMENTATION OF 
CONSENT DECREE 
Intrawest Golf shall bear all costs associated with its obligations under this 
Consent Decree. 
XL COSTS AND ATTORNEYS' FEES 
Each Party shall bear its own costs of suit and attorneys' fees. 
XII. COUNTERPARTS AND FACSIMILE SIGNATURES 
This Decree may be signed in counterparts. A facsimile signature shall have 
the same force and effect of an original signature or copy thereof. 
Respectfully Submitted, 
Dated: June 5, 2008 U.S. EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION 
BY: 
Anna Y. Park 
Regional Attorney for Plaintiff, 
EEOC 
Case 5:07-cv-01179-VAP-JCR Document 11 Filed 06/14/2008 Page 9 of 9 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
Dated: June 5, 2008 
IT IS SO ORDERED: 
Date: June 14, 2008 
Intrawest Golf Management, Inc. 
BY: 
Matt Lindley 
lfc*Vh-X- *-• ?U 
Hon. Virginia A. Phillips 
U.S. District Judge 
UA*V* 


EEOC v. Intrawest Golf Management, Inc., and Does 1-10, Inclusive

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1327&amp;context=condec

EEOC v. Intrawest Golf Management, Inc., and Does 1-10, Inclusive

Abstract

Similar works

Full text

Available Versions

DigitalCommons@ILR