Winmill, Judge B. Lynn

English

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Cornell University ILR School 
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ADAAA Case Repository Labor and Employment Law Program 
3-10-2006 
Equal Employment Opportunity Commission, Plaintiff, and 
Suzanne Yorgensen, Plaintiff Intervenor v. Hollywood 
Entertainment Corporation, Defendant. 
Judge B. Lynn Winmill 
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Equal Employment Opportunity Commission, Plaintiff, and Suzanne Yorgensen, 
Plaintiff Intervenor v. Hollywood Entertainment Corporation, Defendant. 
Keywords 
Equal Employment Opportunity Commission, Suzanne Yorgensen, Hollywood Entertainment Corporation, 
CV-04-478-E-BLW, Consent decree / Settlement, Disparate Treatment, Failure to Accommodate, 
Promotion, Termination, Training / Advancement, Service, Employment Law, ADAAA 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/adaaa/262 
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WILLIAM R. TAMAYO, REGIONAL ATTORNEY
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SAN FRANCISCO DISTRICT OFFICE
350 THE EMBARCADERO, SUITE 500
SAN FRANCISCO, CA 94105-1260
TEL: (415) 625-5600
KATHRYN OLSON, SUPERVISORY TRIAL ATTORNEY 
CARMEN FLORES, SENIOR TRIAL ATTORNEY 
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
909 FIRST AVENUE, SUITE 400 
SEATTLE, WASHINGTON 98104 
TELEPHONE: (206) 220-6920
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF IDAHO
EQUAL EMPLOYMENT OPPORTUNITY )
COMMISSION, )
)
)
Plaintiff, )
and )
)
SUZANNE YORGENSEN, )
)
Plaintiff Intervenor ) 
)
v. )
)
)
HOLLYWOOD ENTERTAINMENT )
CORPORATION, )
)
Defendant. )
________________________________________  )
Case No. CV-04-478-E-BLW
CONSENT DECREE AND 
ORDER OF DISMISSAL
I. INTRODUCTION
1. This action originated with a charge of discrimination filed by Suzanne Yorgensen 
with the Idaho Human Rights Commission (“IHRC”), alleging violations of Title I of the
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
Seattle Field Office
909 First Avenue, Suite 400 
Seattle, Washington 98104-1061 
Telephone: (206) 220-6883
Facsimile: (206) 220-6911
TDD:(206) 220-6882CONSENT DECREE - PAGE 1
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Americans with Disabilities Act of 1990 and Title I of the Civil Rights Act of 1991 (“ADA”).
2. The charge was initially investigated by IHRC and then transferred to the Equal
Employment Opportunity Commission (“EEOC”) which issued a Determination finding 
reasonable cause to believe that Hollywood Entertainment Corporation (“Hollywood 
Entertainment” or “Defendant”) discriminated against Suzanne Yorgensen, a qualified individual 
with a disability, when it failed to provide a reasonable accommodation to her, failed to promote 
her and then constructively discharged her because of her disability.
3. The EEOC filed this lawsuit in the United States District Court for the District of 
Idaho on September 21, 2004. EEOC alleges that Hollywood Entertainment violated the ADA 
by subjecting Ms. Yorgensen to unlawful discriminatory practices.
4. The Commission and Hollywood Entertainment want to fully and finally conclude all 
claims arising out of the above charge without the expenditure of further resources and expenses 
in contested litigation. They agree that entry of this Consent Decree will be in the interest of the 
parties and will further the objectives of the anti-discrimination provisions under the ADA.
II. JURISDICTION AND VENUE
5. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 
and 1345. This action is authorized and instituted pursuant to Section 107(a) of the Americans 
with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates by reference 
Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5(f)(1) 
and (3) ("Title VII"), and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 
1981a. The employment practices alleged to be unlawful were committed within the jurisdiction 
of the United States District Court for the District of Idaho.
III. NON-ADMISSION OF LIABILITY
6. This Consent Decree is not an adjudication or finding on the merits of this case, shall 
not be admissible in any other action except one to enforce the provisions of this Consent Decree
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
Seattle Field Office
909 First Avenue, Suite 400 
Seattle, Washington 98104-1061 
Telephone: (206) 220-6883
Facsimile: (206) 220-6911
CONSENT DECREE - PAGE 2 TDD:(206) 220-6882
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and shall not be construed as an admission by Hollywood Entertainment of a violation of the 
ADA.
IV. PURPOSE OF THE AGREEMENT
7. The parties have entered into this Consent Decree in order to achieve the following 
purposes:
a. To assure the implementation of policies and procedures which prohibit 
Hollywood Entertainment from discriminating and retaliating against employees 
because of their disability.
b. To assure that Hollywood Entertainment implements and promotes an anti­
discrimination policy and complaint procedure to effectively prevent 
discrimination and to address and correct such alleged discrimination.
c. To assure that Suzanne Yorgensen is compensated for alleged losses suffered 
in connection with her employment by Hollywood Entertainment.
d. To avoid time, expense and uncertainty of further litigation.
V. GENERAL PROVISIONS
8. This Consent Decree is intended to and does effectuate the full, final, and complete 
resolution of all allegations of unlawful employment practices and discrimination encompassed 
by the original discrimination charge, and the EEOC Complaint filed in EEOC v. Hollywood 
Entertainment Corp., Civil No. 04-478-E-BLW.
9. This Consent Decree constitutes the complete understanding between the EEOC and 
Hollywood Entertainment with respect to matters herein. It is expressly agreed that if EEOC 
concludes that Hollywood Entertainment has failed to comply with this Consent Decree, the 
Commission may bring an action in the United States District Court for the District of Idaho to 
enforce the Consent Decree as provided in paragraph 21 below.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
Seattle Field Office
909 First Avenue, Suite 400 
Seattle, Washington 98104-1061 
Telephone: (206) 220-6883
Facsimile: (206) 220-6911
TDD:(206) 220-6882CONSENT DECREE - Page 3
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VI. MONETARY RELIEF
10. Hollywood Entertainment agrees to pay Suzanne Yorgensen $70,000.00, 
representing all monetary damages, attorney’s fees, expenses and costs sought through the 
EEOC’s Complaint and Ms. Yorgensen’s state court Complaint. Payment of the settlement 
amount will be handled between Ms. Yorgensen’s private counsel and counsel for Hollywood 
entertainment.
VII. INJUNCTIVE RELIEF
A. Compliance with the ADA
11. Hollywood Entertainment reaffirms its commitment to comply with the ADA and 
other federal anti-discrimination statutes. In furtherance of the commitment, Hollywood 
Entertainment will comply with the affirmative obligations of this Consent Decree. Hollywood 
Entertainment agrees that it will not discriminate against any employee because of disability in 
any employment decision.
12. Hollywood Entertainment will not retaliate against any employee for making a 
charge of discrimination or for testifying, assisting, or participating in any investigation, 
proceeding, or hearing associated with this lawsuit.
13. In recognition of its obligations under the ADA, Hollywood Entertainment will 
institute the policies and practices set forth below.
B. Policy Against Discrimination
14. Hollywood Entertainment shall continue to maintain its current anti-discrimination 
policies, procedures, and training for employees, supervisors, and management personnel and 
will provide equal employment opportunities for all employees. Hollywood Entertainment will 
work with its District Managers responsible for the Ammon, Idaho store and the Store Directors 
at the Ammon, Idaho store in order to prevent discrimination in employment under the ADA and 
so they understand the employer’s obligation to engage in the interactive process, and to ensure
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
Seattle Field Office
909 First Avenue, Suite 400 
Seattle, Washington 98104-1061 
Telephone: (206) 220-6883
Facsimile: (206) 220-6911
TDD:(206) 220-6882CONSENT DECREE - Page 4
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that they understand its Equal Employment Opportunity policies and how those policies define 
and identify what constitutes discrimination. A written copy of Hollywood Entertainment’s EEO 
policy, including any policy prohibiting disability based discrimination, will be distributed to all 
its employees employed at the Ammon, Idaho store. This policy will include information on the 
alternative steps employees can take to request disability accommodation.
C. Training
15. Hollywood Entertainment will develop and present to the District Manager 
responsible for the Ammon, Idaho Store and the Store Director at the Ammon, Idaho store ADA 
training each year during the duration of this Consent Decree. The cost of the training shall be 
borne by the company.
16. The training will focus on conducting individualized assessments of employees with 
disabilities and handling requests for reasonable accommodation. The first training shall take 
place within in ninety (90) days after entry of this Consent Decree.
17. Hollywood Entertainment will retain a record of the training programs, including 
dates held and persons who attend.
D. Reporting
18. One year following the entry of this decree and every year thereafter for the duration 
of the Decree, Hollywood Entertainment will report to the EEOC Seattle District Office. The 
report will contain the following information:
a. Certification of the completion of the training (referenced in ^ 16) each year, with a 
list of attendees;
b. Certification that its EEO policy has been distributed to all Ammon, Idaho store 
employees;
c. A list of any changes, modifications, revocations or revisions to its EEO policies and 
procedures which concern or affect the subjects of discrimination based on disability and
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
Seattle Field Office
909 First Avenue, Suite 400 
Seattle, Washington 98104-1061 
Telephone: (206) 220-6883
Facsimile: (206) 220-6911
TDD:(206) 220-6882CONSENT DECREE - Page 5
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reasonable accommodation; and
d. A summary of all complaints of disability based employment discrimination, if any, 
which have been lodged by any applicant or current or former employee at the Ammon, Idaho 
store internally, through a grievance system, or with any governmental agency, and the 
resolution of each complaint.
E. Records
19. Hollywood Entertainment will remove any information related to Suzanne 
Yorgensen’s resignation, discrimination charge or lawsuit in her personnel file and will not add 
any information or references regarding any charge of discrimination or this lawsuit to Ms. 
Yorgensen’s personnel File.
F. Posting of Notice
20. Within sixty (60) days after entry of this Consent Decree, Hollywood Entertainment 
will post a copy of the Notice of Settlement (Attachment 1) at the Ammon, Idaho store in all 
areas at this location where the Defendant posts information on employment policies and other 
pertinent employee information, and will maintain this posting for the life of the Consent Decree.
VIII. ENFORCEMENT
21. If the EEOC concludes that Hollywood Entertainment has breached this agreement, 
it may bring an action in the United States District Court for the District of Idaho to enforce this 
Consent Decree. Before bringing an action for breach of the decree, the EEOC shall first give 
Hollywood Entertainment ten (10) days notice of the perceived breach. The EEOC and 
Hollywood Entertainment shall use that 10-day period for good faith efforts to resolve the 
matter.
IX. RETENTION OF JURISDICTION
22. The United States District Court for the District of Idaho shall retain jurisdiction 
over this matter for the duration of the Consent Decree.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
Seattle Field Office
909 First Avenue, Suite 400 
Seattle, Washington 98104-1061 
Telephone: (206) 220-6883
Facsimile: (206) 220-6911
TDD:(206) 220-6882CONSENT DECREE - Page 6
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X. DURATION AND TERMINATION
23. This decree shall be in effect (2) two years, commencing with the date the decree is 
filed. If the EEOC petitions the Court for breach of agreement, and the Court finds Hollywood 
Entertainment to be in violation of the terms of the Consent Decree, the Court may extend this 
Consent Decree for a reasonable period of time.
XI. CONCLUSION
24. The provisions of this Consent Decree are not binding on the parties until an 
authorized representative of each party signs and the Court enters the Consent Decree.
The forgoing terms and conditions are agreed upon and stipulated to the 17th day of
February , 2006. (Docket No. 30).
Respectfully submitted,
WILLIAM A. TAMAYO 
Regional Attorney 
U.S. EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION 
SAN FRANCISCO DISTRICT OFFICE 
350 THE EMBARCADERO, SUITE 500 
SAN FRANCISCO, CA 94105-1260 
TEL: (415) 625-5600
KATHRYN OLSON GWENDOLYN YOUNG REAMS
Supervisory Trial Attorney Associate General Counsel
CARMEN FLORES 
Senior Trial Attorney
JAMES L. LEE 
Deputy General Counsel
BY: /s/ William A. T amayo___________
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
Seattle Field Office
909 First Avenue, Suite 400
Seattle, Washington 98104
Telephone (206) 220-6920
EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION 
Office of the General Counsel 
1801 "L" Street NW 
Washington, D.C. 20507
Attorneys for Plaintiff EEOC
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
Seattle Field Office
909 First Avenue, Suite 400 
Seattle, Washington 98104-1061 
Telephone: (206) 220-6883
Facsimile: (206) 220-6911
TDD:(206) 220-6882CONSENT DECREE - Page 7
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BY: /s/ Jeff A. Lee_____________
JEFF A. LEE
MAYNARD COOPER & GALE, P.C. 
2400 AmSouth/Harbert Plaza 
1901 Sixth Avenue North 
Birmingham, Alabama 35203 
(205) 254-1000
Attorneys for Defendant
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
Seattle Field Office
909 First Avenue, Suite 400 
Seattle, Washington 98104-1061 
Telephone: (206) 220-6883
Facsimile: (206) 220-6911
TDD:(206) 220-6882CONSENT DECREE - Page 8
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ORDER APPROVING CONSENT DECREE AND DISMISSING ACTION
The Court having considered the foregoing stipulated agreement of the parties, HEREBY 
ORDERS THAT the foregoing settlement agreement is approved as the final decree of this Court 
in full settlement action. This lawsuit is hereby dismissed with prejudice and without cost or 
attorneys’ fees to any party. The Court retains jurisdiction of this matter solely for purposes of 
enforcing the Consent Decree approved herein.
DATED: March 10, 2006
United States District Court
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
Seattle Field Office
909 First Avenue, Suite 400 
Seattle, Washington 98104-1061 
Telephone: (206) 220-6883
Facsimile: (206) 220-6911
TDD:(206) 220-6882CONSENT DECREE - Page 8


Equal Employment Opportunity Commission, Plaintiff, and Suzanne Yorgensen, Plaintiff Intervenor v. Hollywood Entertainment Corporation, Defendant.

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1261&amp;context=adaaa

Equal Employment Opportunity Commission, Plaintiff, and Suzanne Yorgensen, Plaintiff Intervenor v. Hollywood Entertainment Corporation, Defendant.

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