Lake, Judge Sim

English

DigitalCommons@ILR

Cornell University ILR School 
DigitalCommons@ILR 
Consent Decrees Labor and Employment Law Program 
Fall 10-22-2010 
EEOC v. Michoacan Seafood Group. LLC 
Judge Sim Lake 
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EEOC v. Michoacan Seafood Group. LLC 
Keywords 
EEOC v. Michoacan Seafood Group. LLC, 4:09-cv-03159, Race, Hispanic or Latino, Disparate Treatment, 
Hiring 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/461 
Case 4:09-cv-03159 Document 19-1 Filed in TXSD on 10/22/10 Page 1 of 9
IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION
Plaintiff,
§
§
§
§
§ CIVIL ACTION NO. 4:09-cv-03159
MICHOACAN SEAFOOD GROUP.LLC 
d/b/a OSTIONERIA MICHOACAN #8
v. §
§
§
§
RESTAURANT, INC § JURY TRIAL DEMANDED
Defendant. §
§
CONSENT DECREE
Plaintiff, the United States Equal Employment Opportunity Commission 
("Commission" or “EEOC”) and Defendant, Michoacan Seafood Group, LLC. d/b/a 
Ostioneria Michoacan #8 Restaurant, Inc. (“Michoacan” or “Defendant”) agree to entry of 
this Consent Decree.
I. Background and History of Proceedings
A. Charging Party Gerald Jones (“Charging Party”) filed a charge of 
discrimination with the Commission (Charge No. 460-2008-00990) (the”Charge”) alleging 
Defendant violated Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e 
et seq. ("Title VII").
B. On September 30, 2009, the Commission commenced this action alleging 
that Michoacan engaged in discrimination on the basis of race and national origin by 
refusing to permanently hire Gerald Jones and Trang Nguyen (collectively called 
“Claimants”) and a class of non-Hispanic individuals (the “class”) as servers in its 
restaurant because they did not speak Spanish. The Commission subsequently amended 
its complaint to allege that Michoacan failed, in violation of Section 709(c) of Title VII, 42
Case 4:09-cv-03159 Document 19-1 Filed in TXSD on 10/22/10 Page 2 of 9
U.S.C. § 2000e-8(c) to make and preserve records relevant to the determination of whether 
unlawful employment practices have been or are being committed.
C. Defendant denied the allegations in the complaint.
D. The parties wish to avoid the risks, uncertainties and expenses of continued 
litigation. Accordingly, the parties have agreed to settle this lawsuit. Neither Defendant’s 
consent to the entry of this Decree nor any of the terms set forth in it shall constitute or be 
construed as an admission of any Title VII violation. Defendant expressly denies that it 
engaged in any violation of Title VII. Both parties agree that this Consent Decree is being 
entered into for the sole purpose of compromising disputed claims without the necessity 
for protracted litigation.
E. The Commission and Defendant stipulate to the jurisdiction of the Court and 
the satisfaction of all administrative prerequisites. The parties further waive hearing and 
entry of findings of fact and conclusions of law on all issues.
II. Injunctive and Charging Party Relief 
IT IS ORDERED that:
1. This Consent Decree is entered in full and complete settlement of any and 
all claims brought by the EEOC arising out of or asserted in Civil Action No. 4:09- 
cv-03159, and the above-referenced Charge, on behalf of Claimants and the Class. 
This Consent Decree shall remain in effect for three years from the date of entry. 
(“Consent Period”)
2. During the Consent Period, Michoacan and all of its management employees 
will not engage in any employment practices which discriminate against any 
individual with respect to hiring, promotion, compensation, terms, conditions or
-2-
Case 4:09-cv-03159 Document 19-1 Filed in TXSD on 10/22/10 Page 3 of 9
privileges of employment because of such individual’s race or national origin or who 
has opposed any practice made an unlawful employment practice under Title VII or 
has made a charge, testified, assisted, or participated in any manner in an 
investigation, proceeding, court proceeding or hearing under Title VII, including but 
not limited to, in connection with this case. Defendant will not permit nor maintain 
discrimination against any applicant or employee on the basis of race or national 
origin and Defendant will take prompt and remedial action to correct any alleged 
discrimination that has occurred on any such basis.
3. During the Consent Period, on an annual basis, Defendant will provide, using
either an attorney or an independent experienced training person or group, a live 
and interactive program on employment discrimination violative of Title VII, including 
specific instruction on the prohibition of discrimination in hiring under Title VII to all 
management level employees or other persons responsible for hiring at the 
restaurant. The initial training shall be completed within six (6) months from the 
date the Consent Decree is entered. Defendant shall submit to the EEOC each 
year at least forty-five (45) days in advance of the program, for the EEOC’s 
approval, the name of the program provider, each presenter’s resume or CV, a 
curriculum outline of the information to be addressed during the training and copies 
of all agendas and materials to be distributed at the training seminar. The attorney, 
person or group administering the training shall have at least five years of 
experience in employment law. Written acknowledgment of receipt of the training 
shall be obtained by Defendant from all individuals attending the training and 
retained among the employment records of Defendant and also copies of the
-3-
Case 4:09-cv-03159 Document 19-1 Filed in TXSD on 10/22/10 Page 4 of 9
attendance sheets shall be forwarded to the EEOC within thirty (30) days after the 
delivery of the training.
4. Defendant will develop and maintain a record-keeping system (or applicant 
flow log) to document all persons seeking employment with it. The information to 
be recorded shall include the name, address and telephone number for each 
applicant. Defendant shall provide this information to the Commission on a 
quarterly basis for the duration of the Consent Decree.
5. Defendant shall retain the applications of all applicants, whether hired or not, 
for the duration of this Consent Decree and, thereafter, for at least one (1) year from 
the date of submission. Defendant shall also retain all personnel records for an 
employee for the length of the Decree and, thereafter, for at least one (1) year 
following the date of the person’s separation from employment with Defendant.
6. Within ninety (90) days from the entry of this Decree, Defendant shall revise 
the language used for all of its employment policies and employee handbooks and 
make them available to all current and future employees in English and Spanish. 
Defendant shall develop and maintain a written equal employment opportunity 
policy that specifically prohibits race, national origin and all other forms of 
discrimination. This policy shall be provided to Defendant’s current and future 
employees in English and Spanish. Defendant shall provide the Commission with 
a copies of all of these policies and handbooks within one hundred (100) days from 
the entry of this Decree.
7. Defendant shall not require the ability to speak, read or write in the Spanish 
language as a qualification standard for any waitstaff or server position.
-4-
Case 4:09-cv-03159 Document 19-1 Filed in TXSD on 10/22/10 Page 5 of 9
8.
9.
III.
10.
Defendant agrees to pay the total sum of TWO THOUSAND FIVE 
HUNDRED AND NO/100 DOLLARS ($2,50000), in full and final settlement of the 
Commission’s lawsuit to provide monetary relief to Gerald Jones and Trang Nguyen 
and all claims that Jones and Nguyen may have against Defendant. To be eligible 
to receive payment under this Consent Decree, each Claimant must separately 
execute a General Release. Said sum shall be paid within ten (10) days from the 
date of entry o f the Decree and receipt of the executed General Release for the 
Claimant, whichever is later. Defendant shall mail or deliver the settlement checks 
to each Claimants, in amounts specified by the Commission, at the addresses 
provided by the Commission to Defendant. Within seven (7) days of mailing or 
delivery of the check to Claimants, a copy of the checks disbursed to them shall be 
mailed to the Commission’s undersigned counsel of record.
The sums payable to the Claimants may be subject to federal or state 
income tax. Defendant agrees to issue Internal Revenue Service (“IRS”) Form 
1099 or an equivalent form to Claimants for all sums paid pursuant to this Consent 
Decree. Claimants will be responsible for paying any federal, state or local taxes, 
including federal income tax that may be due on the aforementioned monetary 
award. Defendant makes no representation as to the tax status of the funds being 
paid herein.
Recruitment and Notice
During the Consent Period, Defendant, when placing job advertisements for 
server and/or waitstaff positions, shall state that it is an equal employment 
opportunity employer and that it is seeking qualified applicants for the job.
-5-
Case 4:09-cv-03159 Document 19-1 Filed in TXSD on 10/22/10 Page 6 of 9
12.
13.
11.
14.
15.
Defendant agrees to utilize the Texas Workforce Commission, the Work Source, 
local chapters of the National Urban League and the NAACP or other similar 
organizations when seeking applicants for server and/or waitstaff positions.
Within ten (10) days after entry of this Decree, Defendant will conspicuously 
post the attached notice (Exhibit “A”) in an areas accessible to all employees at 
each of its Houston metropolitan locations.
Each party to this action shall bear their own costs and attorney’s fees.
This Consent Decree shall be binding on Defendant and all of Defendant’s 
successors-in-interest, and Defendant will notify all such successors-in-interest of 
the existence and terms of this Consent Decree. “Successors-in-interest” shall not 
include any third party that, as of the date of the Consent Decree, is not an officer 
or director of Defendant, has no relationship by blood or marriage to any officer or 
director of Defendant, or owns no stock in Defendant.
During the Consent Period, the Court shall retain jurisdiction to assure 
compliance with this Decree and to permit entry of such further orders or 
modifications as may be appropriate. The parties are specifically authorized to seek 
Court-ordered enforcement of this Decree in the event of a breach of any of the 
provisions herein.
In the event the parties believe the other to be in violation of any provision 
of this Consent Decree, that party shall notify the other, through their undersigned 
counsel, of such violation and afford that party the opportunity to remedy as may be 
appropriate any such alleged violation within 30 days of such notice, before 
instituting any legal action to enforce such provision(s).
-6-
Case 4:09-cv-03159 Document 19-1 Filed in TXSD on 10/22/10 Page 7 of 9
16. Each signatory certifies that he/she is authorized to execute this document 
on behalf of the party whom he/she represents.
Signed this_________ day of________________________, 2010 at Houston, Texas.
Sim Lake
United States District Judge
-7-
Case 4:09-cv-03159 Document 19-1 Filed in TXSD on 10/22/10 Page 8 of 9
AGREED AND CONSENTED TO:
~ ‘ ~ m ission:
SDN: 10145 
TBN:02717500 
Houston District Office 
1919 Smith St., 7th Floor 
Houston, Texas 77002 
(713) 209-3399 
Fax: (713) 209-3402 
kathv.boutchee@eeoc.gov
bcotr ixewar 
Attorney-in-Charge 
YBN:14940900 
, 700 Louisiana, 25th Floor 
Houston, Texas 77002 
(713) 226-7950 
(713) 226-7181 
newar@newarlaw.com
8
U.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
Houston District Office , ,■vu-key Le and Federal Bl Id me; 
1919 Smith Street T  floor 
Houston TX 77002-8049 
7 13j  209-33/0
I Tv 1713 - 209-3439 
"AX (713) 203-7391
NOTICE TO THE EMPLOYEES OF 
MICHOACAN SEAFOOD GROUP, L.L.C.
Case 4:09-cv-03159 Document 19-1 Filed in TXSD on 10/22/10 Page 9 of 9
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EEOC v. Michoacan Seafood Group. LLC

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1490&amp;context=condec

EEOC v. Michoacan Seafood Group. LLC

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