Russell, Judge David L.

English

DigitalCommons@ILR

Cornell University ILR School 
DigitalCommons@ILR 
ADAAA Case Repository Labor and Employment Law Program 
2-14-2005 
Equal Employment Opportunity Commission, Plaintiff, v. Citgo 
Petroleum Corporation, an indirect wholly owned subsidiary of 
Petroleos de Venezuela, S.A., Defendant. 
Judge David L. Russell 
Follow this and additional works at: https://digitalcommons.ilr.cornell.edu/adaaa 
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 ADAAA Case Repository 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. 
Equal Employment Opportunity Commission, Plaintiff, v. Citgo Petroleum 
Corporation, an indirect wholly owned subsidiary of Petroleos de Venezuela, S.A., 
Defendant. 
Keywords 
Equal Employment Opportunity Commission, Citgo Petroleum Corporation, Petroleos de Venezuela S.A., 
CIV-03-1363-R, Consent decree / Settlement, Disparate Treatment, Hiring, Termination, Other physical 
impairment disability, Disability - Record of Disability, Disability - Regarded as Having a Disability, 
Commodities, Employment Law, ADAAA 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/adaaa/157 
Case 5:03-cv-01363-R Document 66 Filed 02/14/2005 Page 1 of 6 
IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF OKLAHOMA 
(1) EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION 
Plaintiff, 
CIVIL ACTION NO. 
CIV-03-1363-R 
v. 
(1)CITGO PETROLEUM CORPORATION, an 
indirect wholly owned subsidiary of 
Petroleos de Venezuela, S.A., 
Defendant. 
} 
CONSENT DECREE 
THIS CONSENT DECREE is made and entered into by and among the Plaintiff, Equal 
Employment Opportunity Commission (“EEOC”), the Defendant, CITGO Petroleum 
Corporation (“CITGO”) and Jason Clark before the United States District Court for the Western 
District of Oklahoma, with regard to the EEOC’s Complaint filed on September 29, 2003 
(“EEOC Complaint”), in Civil Action No. CIV-03-1363-R. This Complaint was based upon 
Charge of Discrimination Number 311 A1 0780, which was filed by Jason Clark. 
The above-referenced Complaint alleges that Defendant violated the ADA by refusing to 
hire/withdrawing an offer of employment into a position with CITGO for Jason Clark, and then 
terminating Mr. Clark from his temporary position as a Laboratory Technician because of his 
physical disability, Juvenile Retinoschisis, or because Defendant regarded him as disabled or 
because he has a record of a disability. This is an action under § 102 of Title I of the ADA, 42 
U.S.C. § 12112. The Plaintiff, the Equal Employment Opportunity Commission is the agency of 
the United States of America charged with the administration, interpretation and enforcement of 
CONSENT DECREE 1 
Case 5:03-cv-01363-R Document 66 Filed 02/14/2005 Page 2 of 6 
the ADA. 
Defendant CITGO denies each and every allegation made by the EEOC and alleges Clark 
failed to cooperate with the post job offer medical evaluation process allowed by the ADA. 
CITGO contends its actions were not a violation of the ADA. 
EEOC, CITGO, and Mr. Clark agree to compromise the differences embodied in the 
Complaint, and intend that the terms and conditions of the compromise be set forth in this 
Consent Decree (“Consent Decree”). 
NOW, THEREFORE, in consideration of the mutual promises and agreements set forth 
herein, the sufficiency of which is hereby acknowledged, the parties agree as follows, the Court 
finds appropriate, and therefore, it is ORDERED, ADJUDGED AND DECREED that: 
1. This Consent Decree resolves all issues raised in EEOC Charge No. 311 A1 0780. 
This Decree further resolves all issues in the Complaint filed by the EEOC in this civil action. 
The EEOC waives further claims and/or litigation on all issues raised in the above-referenced 
charge and Complaint. The EEOC does not waive the processing of any other charges other than 
the charge of discrimination specifically referenced above. 
2. The parties agree that this Consent Decree does not constitute an admission by 
CITGO of any violation of the Americans with Disabilities Act or any other statute enforced by 
the EEOC. 
3. CITGO acknowledges it is required to conduct its employment practices in 
compliance with the ADA. 
4. The duration of this Consent Decree shall be eighteen (18) months from the date 
of the entry of the Consent Decree. 
CONSENT DECREE 2 
Case 5:03-cv-01363-R Document 66 Filed 02/14/2005 Page 3 of 6 
5. Defendant shall establish and implement a written policy or amend its existing 
policy prohibiting discrimination in the workplace, including disability discrimination, and 
including a complaint procedure for employees to notify Defendant of any alleged complaints of 
discrimination. Defendant agrees to establish the policy within 90 days after the entry of this 
Consent Decree and distribute it to all employees within 30 days after implementation of the 
policy. Defendant will report to the EEOC that it has complied with these requirements within 
30 days after distributing the policy to its employees. 
6. Notice: Defendant agrees to post the Notice appended hereto as Attachment “A” 
on the employee bulletin board at the Oklahoma City Lubes plant within ten (10) days after the 
entry of this Consent Decree. Defendant will report to the EEOC that it has complied with this 
requirement within thirty (30) days after posting the Notice. Defendant will post this notice for 
one (1) year after the entry of this Consent Decree. 
7. Training: Defendant agrees to conduct training of all of its employees, including 
the requirements and prohibitions of the ADA. The training will inform the employees of the 
complaint procedure for individuals who suspect that they are being discriminated against by 
Defendant. The training will be accomplished within one (1) year of the consent decree. 
Copies of all materials used in training shall be forwarded to the EEOC within thirty (30) days 
after the training materials are available. CITGO will confirm with the EEOC that the training 
has occurred. 
8. Hiring: Defendant will provide the EEOC with the name, address and phone 
number of all job offerees who are not hired because of medical reasons at the Oklahoma City 
Lubes plant, for a period of one year after the entry of the Consent Decree. 
CONSENT DECREE 3 
Case 5:03-cv-01363-R Document 66 Filed 02/14/2005 Page 4 of 6 
9. Supervisor Accountability: CITGO agrees that it shall continue to advise 
all managers and supervisors of their duty to actively monitor their work areas to ensure 
employees’ compliance with the company’s anti-discrimination policy, and to report any 
incidents and/or complaints of discrimination and/or retaliation of which they become aware to 
the persons charged with handling such complaints. 
10. Personnel File Expungement: Defendant agrees to remove from all 
personnel files of Jason Clark all documents, entries and references relating to: the facts and 
circumstances which led to the filing of his Charge of Discrimination; the Charge itself; and the 
Complaint filed by the EEOC in federal court based upon his Charge. CITGO may retain those 
items in CITGO’s legal department files. Defendant will report to the EEOC within 30 days of 
the entry of this Consent Decree regarding its compliance with this paragraph. 
11. Neutral Letter of Reference: Defendant agrees to provide Jason Clark with 
a neutral letter of reference, including the dates of worked and his job history. 
12. Monetary Relief: CITGO agrees to pay to Jason Clark the full and final 
sum of seventy three thousand five hundred and no/100 dollars ($73,500.00) in compromise and 
satisfaction of all claims, which were or could have been raised in this cause, including all costs 
and fees. 
13. The parties agree this Consent Decree is the result of the unique facts and 
circumstances of this case as negotiated by the parties and will not serve as precedent in any 
other actions. 
14. If CITGO fails to tender payment or otherwise fails to timely comply with 
the terms of paragraph 12 above, CITGO shall: 
CONSENT DECREE 4 
Case 5:03-cv-01363-R Document 66 Filed 02/14/2005 Page 5 of 6 
a. Pay interest at the rate calculated pursuant to 26 U.S.C. Section 6621(b) 
on any untimely or unpaid amounts; and 
b. Bear any additional reasonable costs incurred by the EEOC caused by the 
non-compliance or delay of the defendant. 
15. Neither the EEOC, nor Mr. Clark, nor CITGO shall contest the validity of this 
Consent Decree nor the jurisdiction of the federal district court to enforce this Consent Decree 
and its terms. 
16. The parties to this Consent Decree agree to bear their own costs associated with 
the litigation of the above-referenced Complaint and the administration of this Consent Decree. 
SO ORDERED, ADJUDGED AND DECREED this 14th day of February, 2005. 
APPROVED AS TO FORM 
AND SUBSTANCE: 
ATTORNEYS FOR PLAINTIFF EEOC: 
ROBERT A. CANINO 
Oklahoma State Bar No. 11782 
Regional Attorney 
SUZANNE ANDERSON 
Texas Bar No. 14009470 
Supervisory Trial Attorney 
S/Michelle M. Robertson 
MICHELLE M. ROBERTSON 
OBA #14084 
Sr. Trial Attorney 
CONSENT DECREE 5 
Case 5:03-cv-01363-R Document 66 Filed 02/14/2005 Page 6 of 6 
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION 
Oklahoma Area Office 
210 Park Avenue, Suite 1350 
Oklahoma City, Oklahoma 73102 
Tel No. (405) 231-4363 
Fax No. (405) 231-4340 
S/Jason E. Clark* 
*Signed copy of original document bearing signature of 
Is being maintained in the office of filing Attorney 
Charging Party 
ATTORNEYS FOR THE DEFENDANT: 
S/Audra Hamilton* 
*Signed copy of original document bearing signature of 
Defendant’s attorney is being maintained in the office of filing Attorney. 
CHARLES PLUMB 
AUDRA HAMILTON 
Doerner, Saunders, Daniel & Anderson, L.L.P. 
320 South Boston, Ste. 500 
Tulsa, Oklahoma 74103-3725 
Tel. No. (918) 582-1211 
Fax. No. (918) 591-5360 
CONSENT DECREE 6 


Equal Employment Opportunity Commission, Plaintiff, v. Citgo Petroleum Corporation, an indirect wholly owned subsidiary of Petroleos de Venezuela, S.A., Defendant.

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1072&amp;context=adaaa

Equal Employment Opportunity Commission, Plaintiff, v. Citgo Petroleum Corporation, an indirect wholly owned subsidiary of Petroleos de Venezuela, S.A., Defendant.

Abstract

Similar works

Full text

Available Versions

DigitalCommons@ILR