Pisano, Judge Joel A.

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Cornell University ILR School 
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Consent Decrees Labor and Employment Law Program 
7-12-2010 
United States of America v. Township of Green Brook 
Judge Joel A. Pisano 
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United States of America v. Township of Green Brook 
Keywords 
United States of America, Township of Green Brook, 3:10-cv-02993-JAP-TJB, Consent Decree, Disparate 
Treatment, Retaliation, Hostile Work Environment, Compensation, Subjective Decision Making, Terms and 
Conditions, Race, African American, Government, Employment Law, Title VII 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/401 
Case 3:10-cv-02993-JAP -TJB Document 3-1 Filed 06/14/10 Page 1 of 8
UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF NEW JERSEY
)
UNITED STATES OF AMERICA, )
)
Plaintiff, . )
)
v ) Case N o. -cv­
) ' 
TOWNSHIP OF GREEN BROOK, )
)
Defendant. )
)
_____________________ ;______________)
CONSENT DECREE
I. INTRODUCTION
This action was brought by the United States against the Township of Green Brook (“the 
Township”) to enforce the provisions of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 
§2000e, et seq., as amended ("Title VII"), following receipt by the United States from the Equal 
Employment Opportunity Commission of a charge of discrimination filed by Anthony Rivera 
against the Township. This Court has jurisdiction of the action under 42 U.S.C. §2000e-5(f) and 
28 U.S.C. §1345.
In its complaint, the United States alleges that the Township subjected Mr. Rivera to 
discrimination on the basis of his race (black), in violation of Section 703(a) of Title VII, among
other ways, by:
(a) creating and/or maintaining a hostile work environment based on race that adversely
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Case 3:10-cv-02993-JAP -TJB Document 3-1 Filed 06/14/10 Page 2 of 8
affected the terms, conditions, and privileges of Mr. Rivera’s employment; and 
(b) failing or refusing to take appropriate action to remedy the effects of the 
discriminatory treatment.
The United States also alleges that the Township subjected Mr. Rivera to retaliation, in violation 
of Section 704(a) of Title VII, among other ways, by:
(a) suspending Mr. Rivera from work without pay for opposing conduct that he 
reasonably and in good faith believed to be unlawful under Title VII; and
(b) failing or refusing to take appropriate action to remedy the effects of the retaliation 
against Rivera.
The Township denies it has discriminated or retaliated against Mr. Rivera in violation of 
Title VII. Nevertheless, the United States and the Township, desiring that this action be settled 
by an appropriate Consent Decree (“Decree”), and to avoid the burden and risks of protracted 
litigation, agree to the jurisdiction of this Court over the parties and the subject matter of this 
action. This Decree, being entered into with the consent of the United States and the Township, 
shall in no way constitute an adjudication or finding on the merits of the case, nor be construed 
as an admission by the Township or a finding of wrongdoing or violation of any applicable 
federal law or regulation.
In resolution of this action, the parties hereby AGREE to, and the Court expressly 
APPROVES, ENTERS and ORDERS, the following:
II. EQUITABLE RELIEF
1. The Township, by and through its officials, agents, employees, and all persons in 
active concert or participation with the Township in the performance of employment or
2
Case 3:10-cv-02993-JAP -TJB Document 3-1 Filed 06/14/10 Page 3 of 8
personnel functions, shall not engage in any act or practice that discriminates against any 
employee or applicant on the basis of race in violation of Title VII.
2. The Township shall not retaliate against or in any way adversely affect the terms 
and conditions of employment of any person because that person has opposed any practice made 
unlawful by Title VII, filed a charge with the Equal Employment Opportunity Commission, or 
testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under 
Title VII, this case, or this Decree.
3. The Township shall distribute copies of its anti-discrimination and anti-harassment 
policies, and its mechanism for reporting complaints of harassment, to all of its employees, 
supervisors, and officials.
4. The Township shall ensure that each new employee receives a copy of the 
Township’s anti-discrimination and anti-harassment policies, and its mechanism for reporting 
complaints of harassment, at the time of the new employee’s hire. Each new Township 
employee shall sign an acknowledgement that he or she has read and understands such policies, 
and such acknowledgments shall be maintained in the employee’s personnel file.
5. No later than thirty (30) days from the date this Decree is entered, and annually 
thereafter for the duration of this Decree, the Township shall provide, at its own cost, mandatory 
training on the Township’s anti-discrimination and anti-harassment policies to all supervisory 
employees, including all managers. The training shall, at a minimum, include an explanation of 
the Township’s anti-discrimination and anti-harassment policies, and its mechanism for reporting 
complaints of harassment. The Township shall select, with the concurrence of the United States, 
a qualified individual or group of individuals to conduct the training outlined in this paragraph.
3
Case 3:10-cv-02993-JAP -TJB Document 3-1 Filed 06/14/10 Page 4 of 8
The United States’ concurrence will not be unreasonably withheld. All training materials must 
be provided to the United States for review and approval at least twenty (20) days before the 
mandatory training.
6. All persons who undergo the training described in Paragraph 5, above, shall sign 
an acknowledgment of attendance at the training. Within ten (10) days after such training, the 
Township shall provide the United States written confirmation that all persons covered by 
Paragraph 5, above, attended the training. The Township shall keep on file all signed 
acknowledgments for the duration of the Decree.
7. The Township shall retain during the term of this Decree all documents, in paper 
or electronic form (including electronic mail), that come into its possession that are related to 
complaints of harassment (formal or informal) made by employees of the Township.
8. The United States may review compliance with this Decree at any time. As part of 
that review, the Township shall provide copies of any documents relevant to the Township’s 
compliance with this Decree upon the request of the United States, including but not limited to 
the documents described in Paragraphs 4, 6, and 7, above.
III. INDIVIDUAL RELIEF
9. Without admitting the allegations in the United States’ Complaint, and in 
settlement of the claims of the United States for relief on behalf of Mr. Rivera, who, by his 
signature to the release attached as Appendix A, accepts the relief to be given him pursuant to 
this Decree, the Township shall pay Mr. Rivera a total monetary award of $35,000, which shall 
be considered non-wage compensatory damages, by mailing him two certified or bank checks 
made payable to “Anthony Rivera”:
4
Case 3:10-cv-02993-JAP -TJB Document 3-1 Filed 06/14/10 Page 5 of 8
(a) the first check for $25,000 within thirty (30) days from the entry of this Decree; and
(b) the second check for $10,000 on or before January 31, 2011.
The Township also shall issue to Mr. Rivera such appropriate tax forms as may be required by 
law.
IV. DISPUTE RESOLUTION
10. The parties to this Decree shall attempt to resolve informally any disputes that 
may occur under this Decree. If the United States and the Township are unable to reach 
agreement after informally seeking to resolve a dispute, the issue may be submitted by either 
party to the Court for resolution upon at least thirty (30) days written notice to the other party.
V. CONTACTS FOR THE PARTIES
11. All documents required to be delivered under this Decree to the United States
shall be sent to the following address if sent by U.S. mail:
Chief, Employment Litigation Section
Civil Rights Division
U.S. Department of Justice
PHB, Fourth Floor
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Documents sent by overnight delivery service should be sent to the following address:
Chief, Employment Litigation Section 
Civil Rights Division 
U.S. Department of Justice 
601 D Street, N.W., Room 4040 
Washington, D.C. 20004
12. All documents required to be delivered under this Decree to the Township shall
be sent to the following address:
Mark Ruderman, Esquire 
Ruderman and Glickman, PC
5
Case 3:10-cv-02993-JAP -TJB Document 3-1 Filed 06/14/10 Page 6 of 8
675 Morris Avenue, Suite 100 _
Springfield, NJ 07081
VI. JURISDICTION OF THE COURT
13. The Court shall retain jurisdiction over this Decree for the purpose of resolving 
any disputes or entering any orders that may be necessary to implement the relief provided in the 
Decree. At the end of two (2) years from the date of entry of this Decree, this Decree shall be 
dissolved and this action dismissed without further order of the Court.
VII. GENERAL PROVISIONS
14. The parties shall bear their own costs, expenses, and attorney’s fees in this action, 
except that the parties shall retain the right to seek costs for any matter which, in the future, may 
arise from this Decree and require resolution by this Court.
It is so ORDERED, this_____day o f___________________ , 2010.
T m jT T n q r >  C T A T P Q  TMQTT?TPT TTTnriP
AGREED AND CONSENTED TO: 
For Plaintiff United States of America:
THOMAS E. PEREZ 
Assistant Attorney General 
Civil Rights Division
A‘
M.-GADZICHOWSKI (WI Bar No. 1014294)
6
Case 3:10-cv-02993-JAP -TJB Document 3-1 Filed 06/14/10 Page 7 of 8
ESTHER LANDER (DC Bar No. 461316) 
Deputy Chief
LOUIS WHlTSETT (DC Bar No. 257626)
Senior Trial Attorney 
U.S. Department of Justice 
Civil Rights Division 
950 Pennsylvania Avenue, N.W. 
Employment Litigation Section 
PHB, Fourth Floor 
Washington, D.C. 20530 
Telephone: (202) 305-0942 
Email: Louis.Whitsett@usdoj.gov
For Defend&nt Township of Green Brook:
By:. /IQ
MARK RUDERMAN (NJ Bar No. 28596)
Ruderman and Glickman, PC 
675 Morris Avenue, Suite 100 
Springfield, NJ 07081 
Telephone: (973) 467-5111 
Email: mruderman@rglaborlaw.com
7
Case 3:10-cv-02993-JAP -TJB Document 3-1 Filed 06/14/10 Page 8 of 8
I, Anthony Rivera, for and in consideration of accepting the relief to be provided to me 
pursuant to the provisions of the Consent Decree entered in United States v. Township of Green
■ Brook, release and discharge the Township of Green Brook (“the Township”), and its current,
former, and future officials, employees and agents from all legal and equitable claims arising out 
of the complaint filed in that case and EEOC Charge No. 846-2008-34166 occurring prior to the 
date of this Release. .
1 understand that the relief to be given to me does not constitute an admission by the 
Township of the validity of any claim raised by me, or on my behalf. .
This Release constitutes the entire agreement between the Township and myself in
■ connection with this case, without exception or exclusion. ,
I acknowledge that a copy of the Consent Decree in this action was provided to me.
I HAVE READ THIS RELEASE AND UNDERSTAND THE CONTENTS THEREOF, 
AND I EXECUTE THIS RELEASE OF MY OWN FREE ACT AND DEED. ' '
APPENDIX A
RELEASE
Signed this 3 } da:
8


United States of America v. Township of Green Brook

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United States of America v. Township of Green Brook

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