Ezra, Judge David

English

DigitalCommons@ILR

Cornell University ILR School 
DigitalCommons@ILR 
Consent Decrees Labor and Employment Law Program 
1-16-2008 
EEOC and Charles Daniels v. Lockheed Martin d/b/a Lockheed 
Martin Logistics Management, Inc. 
Judge David Ezra 
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EEOC and Charles Daniels v. Lockheed Martin d/b/a Lockheed Martin Logistics 
Management, Inc. 
Keywords 
EEOC, Charles Daniels, Lockheed Martin, Lockheed Martin Logistics Management, Inc., 05-00479 DAE/
LEK, 05-00496 DAE/LEK, Aerospace, Race, African American or black, Disparate Treatment, Retaliation, 
Hostile Work Environment, Consent Decree, Employment Law, Title VII 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/86 
WILLIAM R. TAMAYO - #084965 (CA) 
DAVID OFFEN-BROWN - #063321 (CA) 
RAYMOND T. CHEUNG - #176086 (CA) 
EVANGELINA F. HERNANDEZ - #168879 (CA) 
U.S. EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION 
San Francisco District Office 
350 The Embarcadero, Suite 500 
San Francisco, California 94105-1260 
Telephone: (415) 625-5649 
Facsimile: (415) 625-5657 
raymond.cheung@eeoc.gov 
Attorneys for Plaintiff U.S. EEOC 
ELENA R. BACA 
CAROLINA L. ELKIN 
PAUL, HASTINGS, JANOFSKY & WALKER LLP 
515 South Flower Street, 25th Floor 
Los Angeles, California 90071 
Telephone: (213) 683-6000 
Facsimile: (213) 627-0705 
Consent Decree CV 05-00479/05-00496 DAE/LEK 
LEGALUSW # 57598509.7 
KENNETH S. ROBBINS #1000-0 
2200 Davies Pacific Center 
841 Bishop Street 
Honolulu, Hawaii 96813 
Telephone: (808) 524-2355 
Facsimile: (808) 526-0290 
BARRY W. MARR-1937-0 
WILLIAM N. OTA-#6947-0 
MARR HIPP JONES & WANG 
1001 Bishop Street 
1550 Pauahi Tower 
Honolulu, Hawaii 96813 
Telephone: (808) 536-4900 
Facsimile: (808) 536-6700 
Attorneys for Defendant LOCKHEED MARTIN 
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF HAWAII 
Consent Decree CV 05-00479/05-00496 DAE/LEK 
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LEGALUSW # 57598509.7 
U.S. EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION, 
Plaintiff, and 
CHARLES DANIELS, 
Plaintiff-Intervenor 
v. 
LOCKHEED MARTIN, dba 
LOCKHEED MARTIN LOGISTICS 
MANAGEMENT, INC., 
Defendant. 
Plaintiff U.S. Equal Employment Opportunity Commission 
(“Commission” or “EEOC”) brought this lawsuit under Title VII of the Civil 
Rights Act of 1964 and Title I of the Civil Rights Act of 1991, to correct alleged 
unlawful employment practices on the basis of race (African American) and 
retaliation and to make whole Mr. Charles Daniels who was aggrieved by the 
alleged unlawful practices. Plaintiff EEOC alleged that defendant Lockheed 
Martin, dba Lockheed Martin Logistics Management, Inc., unlawfully subjected 
Mr. Daniels to a hostile work environment because of his race, disparate treatment 
because of his race, and retaliation for complaining of discrimination (“Lawsuit”). 
Plaintiff Charles Daniels intervened in the Lawsuit incorporating the 
Commission’s allegations and additionally alleging violations of 42 U.S.C. Section 
1981 and Hawaii state claims (“Daniels Lawsuit”). Lockheed Martin denied that 
Consent Decree CV 05-00479/05-00496 DAE/LEK 
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LEGAL_US_W # 57598509.7 
CV 05-00479 DAE/LEK 
CV 05-00496 DAE/LEK 
(Consolidated Cases) 
CONSENT DECREE RELATED TO 
CV 05-00479 DAE/LEK 
Mr. Daniels was subjected to a hostile work environment or that he was retaliated 
against, as well as his claim of damages or injuries. 
In the interest of resolving the Lawsuit and as a result of having 
engaged in comprehensive settlement negotiations, the Commission and Lockheed 
Martin (hereinafter referred to as “the Parties”) have agreed that the Lawsuit 
should be finally resolved by entry of this Consent Decree. This Consent Decree 
shall not constitute an adjudication and/or a finding on the merits of the Lawsuit. 
This Consent Decree resolves all claims arising out of EEOC Charge 
No. 378-2002-00056 and the complaint filed in the Lawsuit, and constitutes a 
complete resolution of all claims of race discrimination and retaliation under 
Title VII that were made or could have been made by the Commission in this 
Lawsuit. This Consent Decree does not, however, resolve any future charges or 
charges that may be pending with the EEOC other than the charge and complaint 
specifically referenced in this paragraph. 
This Consent Decree comprises the full and exclusive agreement of 
the Commission and Lockheed Martin with respect to the matters discussed herein. 
Plaintiff-Intervenor, Charles Daniels, entered into a settlement agreement and 
general release with Lockheed Martin which resulted in the dismissal with 
prejudice of all of claims for damages asserted in the Daniels Lawsuit. 
No waiver, modification or amendment of any provision of this 
Consent Decree shall be effective unless made in writing and approved by all the 
Parties to this Decree, and any substantive change, modification or amendment of 
any provision of this Consent Decree shall also require approval by the Court. 
The Court has reviewed this Consent Decree in light of the pleadings, 
the record herein, and now approves this Consent Decree. THEREFORE, IT IS 
ORDERED, ADJUDGED AND DECREED: 
Consent Decree CV 05-00479/05-00496 DAE/LEK 
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LEGAL_US_W # 57598509.7 
I. GENERAL PROVISIONS 
1. This Court has jurisdiction over the subject matter and the Parties to 
this Lawsuit. This Court will retain jurisdiction over this Decree for 
all purposes until the expiration of Defendant’s obligations as set forth 
herein. 
2. This Consent Decree is final and binding upon the Parties, their 
successors and assigns. 
3. The Parties will each bear its own costs and attorneys’ fees in this 
action. 
4. Plaintiff-Intervenor Charles Daniels and Lockheed Martin shall enter 
into a stipulation to sever and dismiss with prejudice the Daniels 
Lawsuit, pursuant to the settlement agreement and general release 
entered into between Daniels and Lockheed Martin; the Commission 
will join in the stipulation to sever the Daniels Lawsuit from this 
Lawsuit and will not oppose the dismissal of the Daniels Lawsuit once 
severed. 
5. Throughout this consent decree, all references to Lockheed Martin 
Aircraft & Logistics Centers (“LM ALC”) shall be defined as 
including LM ALC headquarter offices, located in Greenville, South 
Carolina; the Donaldson Center, located in Greenville, South 
Carolina; and the field teams deployed for work by these 
organizations. 
II. GENERAL INJUNCTIVE RELIEF: NON-DISCRIMINATION AND 
NON-RETALIATION 
6. Consistent with Sections 703 and 704 of Title VII, 42 U.S.C. §2000e-
2, LM ALC, and its officers, agents, managers (including supervisory 
Consent Decree CV 05-00479/05-00496 DAE/LEK 
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employees), successors and assigns, are enjoined from engaging in 
harassment and retaliation, and any other employment practice which 
discriminates on the basis of race. 
III. MONETARY RELIEF 
7. As part of its resolution of the Lawsuit and the Daniels Lawsuit, 
Lockheed has entered into a settlement agreement with Daniels, the 
terms of which provide for an aggregate payment to Daniels of 
$2,500,000 (two million five hundred thousand dollars). Lockheed 
shall provide the Commission with proof of disbursement of the 
settlement payment to Charles Daniels for purposes of internal 
Commission reporting requirements c/o Raymond T. Cheung, EEOC, 
350 The Embarcadero, Suite 500, San Francisco, CA 94105. 
IV. SPECIFIC INJUNCTIVE RELIEF 
8. EEO and Harassment Policies 
LM ALC shall revise, to the extent necessary, its EEO and harassment 
policies, within sixty (60) days of signing the Consent Decree, such 
that the policies: (1) include definitions of discriminatory harassment, 
with specific reference to harassment based on race; (ii) include 
examples to supplement the definitions of harassment based on race; 
(iii) provide for appropriate discipline and/or corrective action for 
incidents of discriminatory harassment designed to deter future acts of 
harassment; (iv) include strong non-retaliation language with 
examples to supplement the definition of retaliation; (v) provide for 
appropriate discipline for incidents of retaliation designed to deter 
future acts of retaliation; (vi) provide that complaints of harassment 
and/or retaliation will be accepted irrespective of whether they are 
Consent Decree CV 05-00479/05-00496 DAE/LEK 
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LEGALUSW # 57598509.7 
made verbally or in writing; (vii) provide a reasonable timetable for 
commencing an investigation after a complaint is made or received 
and for appropriate remedial action, if warranted, to be taken upon 
conclusion of an investigation; and (viii) provide that the investigating 
party advise the complainant of the outcome of the investigation, 
including whether or not any disciplinary action was taken. 
a. If revisions are necessary, LM ALC shall effectively 
disseminate these revised policies and procedures by: 
i. Distributing the policy within 60 days of its adoption to 
all current employees then assigned and working for LM 
ALC; 
ii. Distributing the policy to all new employees of LM ALC 
at all locations upon the employees’ hire. 
b. LM ALC shall submit a copy of the revised EEO and 
harassment policies, if any, to EEOC. 
9. Complaint Procedure. 
LM ALC shall develop or reaffirm a complaint procedure designed to 
encourage employees to come forward with complaints about 
violations of its harassment policy. As part of the policy, LM ALC 
shall provide its employees with convenient, confidential and reliable 
mechanisms for reporting incidents of harassment and retaliation. 
Said policy shall be continuously posted in a prominent place at all 
LM ALC locations. 
Consent Decree CV 05-00479/05-00496 DAE/LEK 
7 
LEGALUSW # 57598509.7 
a. LM ALC will submit a copy of the complaint procedures to the 
EEOC twenty (20) days before the completion of training as 
required below. 
10. Posting 
An agreed upon Notice of Settlement (stating that case resolved and 
amount of settlement) shall be, and remain, posted in a clearly visible 
location frequented by employees at the LM ALC headquarters 
offices and at the Donaldson Center only during the term of this 
Consent Decree. 
11. Training of Employees. 
a. During the pendency of this Consent Decree, LM ALC shall 
utilize its current anti-harassment training program to train: (i) 
its current LM ALC employees; and (ii) any new LM ALC 
employees. The purpose of said training is and shall continue 
to be to give participants an understanding of harassment 
issues, particularly racial discrimination, including but not 
limited to what constitutes racial discrimination including 
harassment, sources of legal protection for discrimination 
victims, the employees’ obligation to report racial 
discrimination and harassment, the employer’s obligation to 
take preventive, investigative and remedial action with respect 
to harassment complaints, and to review company policies 
(including discipline policies) and practices related to racial 
harassment and retaliation with LM ALC employees. 
i. LM ALC, as part of its training, shall inform its 
CV 05-00479/05-00496 DAE/LEK 
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Consent Decree 
LEGAL_US_W # 57598509.7 
managers and supervisors that, in accordance with its 
anti-harassment policy, it will impose appropriate 
discipline, up to and including termination, suspension 
without pay or demotion, upon any supervisor or 
manager who engages in racial harassment or knowingly 
permits any such conduct to occur in his or her work area 
or among employees under his or her supervision, or who 
retaliates against any person who complains or 
participates in any investigation or proceeding 
concerning such conduct. 
ii. LM ALC, as part of its training, also shall inform its 
managers and supervisors that, in accordance with it anti-
harassment policy, its managers and supervisors have a 
duty to actively monitor their work areas to ensure 
employee compliance with Lockheed’s anti-harassment 
policy, and to report any incidents and/or complaints of 
harassment and/or retaliation of which they become 
aware to the individuals charged with handling such 
complaints. 
b. All LM ALC’s management officials and Human Resources 
department staff who were involved in any way with Charles 
Daniels’ complaints of harassment in Whidbey Island and in 
Hawaii shall attend an one-day EEO training within one year of 
the signing of this Consent Decree. The purpose of said 
training shall be to give participants an understanding of 
harassment issues, particularly racial discrimination, including 
CV 05-00479/05-00496 DAE/LEK 
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Consent Decree 
LEGAL_US_W # 57598509.7 
but not limited to what constitutes racial discrimination 
including harassment, sources of legal protection for 
discrimination victims, the employees’ obligation to report 
racial discrimination and harassment, the employer’s obligation 
to take preventive, investigative and remedial action with 
respect to harassment complaints, and to review company 
policies (including discipline policies) and practices related to 
racial harassment and retaliation with LM ALC employees. 
12. Training Logistics. 
With respect to the training required by Paragraph 11, above, LM 
ALC agrees to provide a description of each training program to 
counsel for the Commission no later than twenty (20) days before the 
training programs are scheduled to be held. If the Commission has not 
objected to the description of the training program within seven (7) 
days of being given notice, such non-response shall be deemed an 
acknowledgment that the Commission does not object to the form, 
nature and content of the training. The Commission agrees to not 
unreasonably object to LM ALC's program. 
13. Acknowledgment of Training Attendance. 
All persons attending mandatory anti-discrimination training pursuant 
to this Consent Decree shall acknowledge their attendance (through 
their hard copy or electronic signature) at the training, the date thereof, 
and their position. LM ALC shall retain these electronic verifications 
and provide the EEOC with a copy thereof upon request of the EEOC. 
14. Reporting 
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LEGAL_US_W # 57598509.7 
a. Training Report: 
Within thirty (30) days of completion of the training required by this 
Consent Decree, LM ALC will send the EEOC verification of its 
completion of discrimination/harassment training for its employees. 
b. Racial Harassment Complaint Reports: 
Starting on June 5, 2008, and on the fifth day of January and June of 
each year during the duration of this Consent Decree, the Company 
will mail to counsel for the Commission a report of internal 
complaints of racial harassment made during the previous six (6) 
months to its Ethics Helpline, EEO Programs Office or other Human 
Resources Department; the report will contain the employee name, 
work location, and its resolution. The information LM ALC provides 
to the Commission in the course of meeting these reporting 
requirements will not constitute a Charge of discrimination/harassment 
or operate to toll any applicable statute of limitations. 
15. Expungement of Records and Disclosure of Information 
Regarding Charles Daniels’ Employment 
a. Lockheed Martin is enjoined from disclosing any information 
or making references to any charge of discrimination or this 
lawsuit in responding to employment reference requests for 
information about Charles Daniels. 
b. Lockheed Martin shall expunge from Charles Daniels’ 
personnel file any references to a charge of discrimination 
against Defendant and this lawsuit. 
Consent Decree CV 05-00479/05-00496 DAE/LEK 
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LEGALUSW # 57598509.7 
c. From the date of entry of this Consent Decree, Lockheed 
Martin is enjoined from disclosing in response to inquiries from 
potential employers, any information regarding Charles 
Daniels’ employment with Lockheed Martin, except as follows: 
i. In response to a specific inquiry, Lockheed Martin may 
disclose Charles Daniels’ dates of employment, position 
held and final rate of pay; 
ii. Lockheed Martin may report any information as required 
by law to state or federal authorities; and 
iii. Lockheed Martin may disclose information under Court 
order. 
d. Within thirty (30) days from the date of entry of this Consent 
Decree, Lockheed Martin shall provide Charles Daniels with a 
letter stating Daniels’ dates of employment and positions held. 
The original letter shall be sent to: Raymond T. Cheung, 
EEOC, 350 The Embarcadero, Suite 500, San Francisco, CA 
94105. 
16. Permanent Bar From Employment 
Lockheed Martin will terminate and permanently bar the employment 
of the following individuals: Robert McGee, David Ader, Roy 
Coolidge, James Gutierrez and James Glenn. 
V. EXPIRATION OF CONSENT DECREE 
17. This Consent Decree shall terminate two (2) years from the date of 
entry by the Court, unless the Commission petitions this Court for an 
extension of the Decree because of noncompliance by Lockheed 
Consent Decree CV 05-00479/05-00496 DAE/LEK 
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LEGAL_US_W # 57598509.7 
18. 
Martin. If the Commission determines that Lockheed Martin has not 
complied with the Consent Decree, the Commission will provide 
written notification of the alleged breach to Lockheed Martin and will 
not petition the Court for enforcement sooner than thirty (30) days 
after providing written notification. The thirty-day period following 
written notice shall be used by the parties for good faith efforts to 
resolve the issue. If the Commission petitions the Court and the Court 
finds Lockheed Martin to be in substantial violation of the terms of 
the Decree, the Court may extend this Consent Decree. 
Except as provided in the preceding paragraph, two (2) years after the 
entry of this Consent Decree, this lawsuit will be dismissed with 
prejudice, provided that Lockheed has complied substantially with the 
terms of this Consent Decree. Lockheed will be deemed to have 
complied substantially if the Court has not made any findings or 
orders during the term of the Decree that Lockheed has failed to 
comply with any of the terms of this Decree. This Consent Decree 
will automatically expire without further Court Order. 
Consent Decree 
LEGAL_US_W # 57598509.7 
13 
CV 05-00479/05-00496 DAE/LEK 
DATED: , 2007 Dated: , 2007 
_/s/ Raymond T. Cheung_ 
Raymond T. Cheung 
Senior Trial Attorney 
William R. Tamayo 
Regional Attorney 
David Offen-Brown 
Supervisory Trial Attorney 
Evangelina F. Hernandez 
Senior Trial Attorney 
On Behalf of Plaintiff 
U.S. EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION 
_/s/ Elena R. Baca 
Elena R. Baca 
Kenneth S. Robbins 
On Behalf of Defendant 
LOCKHEED MARTIN 
Consent Decree 
LEGAL_US_W # 57598509.7 
14 
CV 05-00479/05-00496 DAE/LEK 
IT IS SO ORDERED: 
Dated: 
Hon. David Alan Ezra 
United States District Court Judge 
Consent Decree CV 05-00479/05-00496 DAE/LEK 
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LEGAL_US_W # 57598509.7 


EEOC and Charles Daniels v. Lockheed Martin d/b/a Lockheed Martin Logistics Management, Inc.

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1074&amp;context=condec

EEOC and Charles Daniels v. Lockheed Martin d/b/a Lockheed Martin Logistics Management, Inc.

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