Fuste, Judge Jose A.

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Cornell University ILR School 
DigitalCommons@ILR 
ADAAA Case Repository Labor and Employment Law Program 
2-21-2008 
United States Equal Employment Opportunity Commission, 
Plaintiff, v. Lausell, Inc., Defendant. 
Judge Jose A. Fuste 
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United States Equal Employment Opportunity Commission, Plaintiff, v. Lausell, 
Inc., Defendant. 
Keywords 
United States Equal Employment Opportunity Commission, Lausell Inc., 3:06-cv-01977-JAF, Consent 
decree / Settlement, Disparate Treatment, Failure to Accommodate, Termination, Diabetes, 
Manufacturing, Employment Law, ADAAA 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/adaaa/7 
IN THE UNITED STATES DISTRICT COURT 
DISTRICT OF PUERTO RICO 
UNITED STATES EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION, 
Plaintiff, 
v. 
LAUSELL, INC., 
Defendant. 
CONSENT DECREE 
1. This Consent Decree (the "Decree") is made and entered into by and between 
Plaintiff, the United States Equal Employment Opportunity Commission (hereinafter referred to 
as the "Commission" or "EEOC"), and Defendant, Lausell, Inc. {hereinafter referred to as the 
"Company" or "Defendant"). The Commission and Defendant are collectively referred to herein 
as "the Parties." 
2. On September 29, 2006, EEOC initiated this action by filing its Complaint in the 
United States District Court for the District of Puerto Rico based upon a charge filed by Michael 
Sepulveda ("Mr. Sepulveda"). EEOC's Complaint alleges that Defendant violated Title i of the 
Americans with Disabilities Act and Title I of the Civil Rights Act of 1991 ("the ADA") by 
failing to provide Mr, Sepulveda, an alleged qualified individual with a disability, with a 
reasonable accommodation and then discharging him because of his disability. Specifically, 
EEOC alleges that Mr. Sepulveda, requested a reasonable accommodation, to ingest food or take 
insulin as needed for his condition, but Defendant's management refused. It is the EEOC's 
position that, as a result, Mr. Sepulveda's condition worsened and he was ultimately terminated 
due to his disability. 
CO 
r-o 
CIVILNO.:3:06-cv-01977-JAF Z; 3 
3. Defendant denies the EEOC's allegations and, thus, nothing contained in this 
Consent Decree shall be interpreted as an admission of liability by Defendant or that it 
discriminated against Mr. Sepiilveda due to his alleged disability or that it failed to provide him 
with a reasonable accomodation. 
4. In the interest of resolving this matter, to avoid further costs of litigation, 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 is final and binding 
upon the Parties, their successors and assigns. 
5. The Parties agree that this Decree resolves all claims alleged against the 
Defendant in EEOC Charge Number No. 162-2004-00372, and the Complaint filed in this action, 
and constitutes a complete resolution of all claims under the ADA and the termination of Mr. 
Sepulveda's employment that were made by the Commission in this action. The Parties further 
agree that this Decree does not resolve any future EEOC charges of discrimination other than the 
charges referred to in this paragraph. 
6. NOW, THEREFORE, the Court having carefully examined the terms and 
provisions of this Decree, and based on the pleadings filed by the parties, it is ORDERED, 
ADJUDGED AND DECREED THAT: 
JURISDICTION 
7. This Court has jurisdiction of the subject matter of this action and over the Parties 
for the purposes of entering and enforcing this Decree. 
8. No party shall contest jurisdiction of this federal court to enforce this Decree and 
its terms or the right of the EEOC to seek enforcement in the event Defendant breaches any of 
the terms of this Decree. 
2 
GENERAL PROVISIONS 
9. Defendant, its officers, and employees, agree to refrain from engaging in conduct 
which violates Title 1 of the ADA and Title I of the Civil Rights Act of 1991, by adversely 
affecting the terms and conditions of any individual's employment because of the individual's 
disability. 
10. Defendant, its officers, and employees, agree not to discriminate against any 
employee who files a charge of discrimination with the EEOC alleging violation(s) of such 
statute; who cooperates with the EEOC in the investigation and/or prosecution of any charge of 
discrimination; or who cooperated in the investigation or prosecution of this case. 
DISCRIMINATION POLICY AND TRAINING 
11. Defendant has a written policy against disability discrimination and retaliation 
contained in its Employee Manual, Defendant agrees that all of its employees and managers at 
its Minillas Millwork Plant will be provided a complete copy of its policy against discrimination 
and retaliation within thirty (30) days of the entry of this Decree. Defendant also agrees that all 
new employees shall be given a copy of its Employee Manual containing said policy within their 
first week of employment with the Defendant. 
12. The EEOC acknowledges that Defendant has provided training as to disability 
discrimination and labor laws to employees, but in order to further ensure the effective 
implementation of Defendant's antidiscrimination policy, Defendant will conduct a two (2) hour 
training session on the ADA for all of its employees, managers and supervisory personnel. The 
training shall have a specific emphasis on reasonable accommodation under the ADA; on the 
proper procedure to be followed by managerial personnel if they become aware that an employee 
has a disability which may require an accommodation; and on the proper retention of documents 
f 
3 
related to requests for accommodation and discrimination complaints. Defendant agrees to 
provide the EEOC, at least two weeks notice before it conducts its training session{s), with the 
date(s) and location(s) of the training, the identification of the training materials to be used at the 
training session, and a listing of the names and job titles of the employees who will be in 
attendance at the training. The training will be conducted by counsel of choice of Defendant. 
Additionally, Defendant agrees that the EEOC may, at the EEOC's discretion, be in attendance 
at each training session. 
13. Defendant agrees that the training described in paragraph 12 shall be conducted 
within sixty (60) days of the entry of this Decree, and should thereafter take annually for the 
duration of this Decree. Defendant further agrees that the discrimination policy and training 
materials utilized for the training described in paragraph 9 shall be presented and explained to all 
new managers and supervisors within fifteen (15) days of being placed in a management or 
supervisory position. 
POSTING 
14. Defendant will post a laminated 11 x 14 copy of the Notice, attached as Exhibit 
A, no later than fifteen (15) days from the Court's execution of this Decree. Said notice shall be 
posted at its Mmillas Plant for the duration of this Decree in a conspicuous location accessible to 
all employees such as an employee bulletin board and/or break/lunch room. 
MONITORING 
15. Defendant will continue to retain all employment and/or investigative records 
relating in anyway to any complaint or allegation of disability discrimination by any employee 
for the duration of this Decree and as required under federal law. 
4 
16. Defendant will certify to the EEOC annually throughout the duration of this 
Decree that it is in compliance with all aspects of this Decree. The first such certification will be 
due no later than thirty (30) days from the first training set forth in paragraph 12. With each 
certification Defendant will provide the EEOC with the name, address, and phone number of any 
person who alleges they have been discriminated against on the basis of their disability while 
working for Defendant during the preceding six month period. Defendant will also state the 
actions taken in response to each such allegation and provide any and all documentation 
associated with such complaint. The certifications required to be submitted to the EEOC 
pursuant to this Consent Decree shall be mailed with the notation LAUSELL MONITORING to: 
United States Equal Employment Opportunity Commissionf Attention: Office of the Regional 
Attorney, 1 Biscayne Tower, Suite 2700,2 South Biscayne Boulevard, Miami, Fl 33131. 
MONETARY RELIEF 
17. Defendant agrees to pay a total amount of $74,500.00 to resolve this litigation. 
The payments referenced herein shall issue within fifteen (15) calendar days from the Court's 
execution of this Decree. The monies shall be distributed as set forth below in exchange for a 
fully-executed release. Michael Sepulveda Giusti will retain counsel of his choice to review and 
provide legal advice to him regarding this release. 
(A) Defendant will pay Michael Sepulveda Giusti $74,500.00, less applicable 
Commonwealth of Puerto Rico and federal withholdings. Defendant will issue the corresponding 
forms itemizing same. 
(B) The payment to Michael Sepulveda Giusti shall be made by check and mailed via 
certified mail return receipt requested within fifteen (15) calendar days from the Court's 
execution of this Decree to an address provided by EEOC. 
5 
(C) Simultaneous with the issuance of the check referenced above, copy of the 
payment check shall be forwarded to the attention of Carla J. Von Greiff, Senior Trial Attorney, 
U.S. Equal Employment Opportunity Commission, 501 East Polk Street, Suite 1000, Tampa, Fl, 
33602. 
18. If Defendant fails to tender the above-mentioned payment as set forth in 
paragraph 17 above, then Defendant shall pay interest on the defaulted payment at the rate 
calculated pursuant to 26 U.S.C. Section 662 1(b) until the same is paid, and bear any additional 
costs incurred by the EEOC caused by the non-compliance or delay of the Defendant. 
ENFORCEMENT OF DECREE 
19. The Commission shall have independent authority to seek the judicial 
enforcement of any aspect, term or provision of this Decree. 
20. The Court will take whatever measures necessary to effectuate the terms of this 
Decree. 
COSTS 
21. Each Party shall bear its own costs associated with this litigation. 
DURATION OF CONSENT DECREE 
22. The duration of this Decree shall be three (3) years from the date of entry of the 
Decree. 
SO ORDERED, ADJUDGED AND DECREED, this @L(&1 day of February, 
2008. 
6 
AGREED TO: 
FOR THE PLAINTIFF, 
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
by: s/ Nora E, Curtin Date: February 4, 2008 
Nora E. Curtin 
Regional Attorney 
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
Miami District Office 
One Biscayne Tower, Suite 2700 
2 South Biscayne Boulevard 
Miami, Florida 33131 
Telephone: (305) 530-6001 
Facsimile: (305) 536-4494 
AGREED TO: 
FOR THE DEFENDANT, 
LAUSELL, INC. 
by: s/Jorge I. Peirats Date. February 4,2008 
Jorge I. Peirats 
USDC-P.R, 201409 
Pietrantoni Mendez & Alvarez 
209 Munoz Rivera Ave. 
Suite 1901 
San Juan, PR 00918 
787-274-4904 
Fax:787-274-1470 
Attorney for Defendant 
AGREED TO: 
FOR THE DEFENDANT, 
by: 6^£s Y/£//£<-&«& Date: <?£,&£ 
Alberto Recio, President Lausell, Inc. 
7 
EXHIBIT A: NOTICE 
NOTICE TO ALL EMPLOYEES 
POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE 
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
AND LAUSELL, INC. 
This notice is being posted pursuant to a Consent Decree entered by the United States 
District Court for the District of Puerto Rico, in United States Equal Employment Opportunity 
Commission v, LatiselU Inc. Lausell, Inc. assures its employees that it supports the Americans 
With Disabilities Act and will not take any action against an individual because he/she has 
exercised his/her rights under the law to oppose discriminatory acts or to file charges with the 
EEOC. Appropriate corrective action, up to and including termination, shall be taken against 
any employee (including management personnel) found to violate the policies regarding 
discrimination, based upon the circumstances involved. 
This notice shall remain posted for three (3) years from the date signed. Employees or 
applicants for employment who have questions about their rights under the Americans With 
Disabilities Act or any other federal anti-discrimination law may telephone the San Juan Local 
Office of the Equal Employment Opportunity Commission at 1-800-669-4000. 
Signed this jg"dav of / £ / , 2008. 
President, Lausell, Inc." 
r 
Exh. A -1 


United States Equal Employment Opportunity Commission, Plaintiff, v. Lausell, Inc., Defendant.

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1222&amp;context=adaaa

United States Equal Employment Opportunity Commission, Plaintiff, v. Lausell, Inc., Defendant.

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