Junell, Judge Robert

English

DigitalCommons@ILR

Cornell University ILR School 
DigitalCommons@ILR 
Consent Decrees Labor and Employment Law Program 
5-2-2007 
EEOC v. Loop 20 Texas, Inc. and U.S. Cheema, Inc. 
Judge Robert Junell 
Follow this and additional works at: https://digitalcommons.ilr.cornell.edu/condec 
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 Consent Decrees 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. 
EEOC v. Loop 20 Texas, Inc. and U.S. Cheema, Inc. 
Keywords 
EEOC, Loop 20 Texas, Inc., U.S. Cheema, Inc., MO-06-CV-121, Consent Decree, Disparate Treatment, 
Hostile Work Environment, Sexual Harassment, Retaliation, Assignment, Constructive Discharge, Sex, 
Transportation, Employment Law, Title VII 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/37 
Case 7:06-cv-00121-RAJ Document 21 Filed 05/02/2007 Page 1 of 8 
IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TEXAS 
MIDLAND-ODESSA DIVISION 
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION, 
Plaintiff, 
CIVIL ACTION NO. MO-06-CV-121 
LOOP 20 TEXAS, INC., and U.S. 
CHEEMA, INC. 
Defendants. 
CONSENT DECREE 
The parties to this Consent Decree are Plaintiff United States Equal Employment 
Opportunity Commission ("EEOC") and Defendants Loop 20 Texas, Inc. and U.S. Cheema, Inc. 
("Defendants"). This Consent Decree resolves Plaintiff EEOC's claims in the above-referenced 
Civil Action No. MO-06-CV-121. Plaintiff EEOC initiated its lawsuit pursuant to Title VII of 
the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq. ("Title VII"), and Title I of 
the Civil Rights Act of 1991,42 U.S.C. §1981a. 
Plaintiff EEOC's Complaint in this lawsuit asserts unlawful employment practices on the 
basis of gender and retaliation, and seeks to provide relief to Yadira Vasquez and a class of 
similarly situated female employees who were adversely affected by those unlawful employment 
practices. More specifically, Plaintiff EEOC alleges in its Complaint that Defendants' top 
official subjected Yadira Vasquez, and a class of similarly situated female employees, to a 
sexually hostile work environment. Plaintiff EEOC also alleges, in its Complaint, that when Ms. 
Vasquez refused to acquiesce to the unwelcome sexual conduct, her work hours were reduced 
Case 7:06-cv-00121-RAJ Document 21 Filed 05/02/2007 Page 2 of 8 
and she was constructively discharged, and that a class of similarly situated female employees 
were also constructively discharged due to Defendants' sexually hostile work environment, 
Plaintiff EEOC and Defendants wish to settle the claims raised by Plaintiff EEOC in this 
Action, without the necessity of further litigation, pursuant to the terms delineated in this Decree. 
IT IS ORDERED, ADJUDGED, AND DECREED as follows: 
1. This Court has jurisdiction of the subject matter of this action and the parties, venue is 
proper, and all administrative prerequisites to the filing of this action have been met. Plaintiff 
EEOC's Complaint states claims on behalf of Yadira Vasquez and a class of similarly situated 
female employees which, if proved, would authorize this Court to grant relief against 
Defendants, pursuant to Title VII. 
2. This Consent Decree resolves all issues raised in Plaintiff EEOC's Complaint in this 
case. Plaintiff EEOC waives further litigation of all issues raised in the above-referenced 
Complaint, 
3. The duration of this Consent Decree shall be two years from the date of its filing with the 
Court, This Court shall retain jurisdiction of this action during the period of this Consent 
Decree, and may enter such other and further relief as it deems appropriate to ensure 
implementation and enforcement of its provisions. Any violation of this Consent Decree by 
Defendants and/or their agents or assigns, shall toll the running of this two year period as of the 
date of the violation. If the Court subsequently determines this Consent Decree was violated, the 
two year period shall recommence and continue from the date of entry of an Order setting out 
such a violation, or until such time as ordered by the Court. 
4. Defendants agree to provide to the EEOC, within 10 days of the Court's signing of this 
Consent Decree, a list of the name, last known address and social security number of all female 
2 
Case 7:06-cv-00121-RAJ Document 21 Filed 05/02/2007 Page 3 of 8 
employees of the Quality Inn and Super Inn who worked for Defendants at any time between 
December 30,2004 and October 26,2005. 
5. Defendants, in settlement of Plaintiffs claims in this dispute, shall pay to Yadira 
Vasquez the sum total of $16,750.00, within 10 days of the signing of this Consent Decree by the 
Court. The payment to Ms. Vasquez shall be sent directly to her, at the following address: 1418 
5. Anderson, Odessa, TX 79761. 
6. Defendants shall pay $ 18,250 to aggrieved individuals identified by the EEOC as class 
members, in amounts to be set forth by the EEOC. The payments to the aggrieved individuals 
shall be sent directly to them, within 10 days after Plaintiff has identified them for Defendants. 
7. A copy of each check and any accompanying transmittal documents shall be forwarded to 
the EEOC to the attention of Trial Attorney Tisha Dominguez at the EEOC's El Paso Area 
Office, which is located at 300 E. Main, Suite 500, El Paso, TX 79901. 
8. In providing employment references regarding Yadira Vasquez and Trudy Arreguin, 
Defendants shall not make any mention of the filing of Plaintiff EEOC's Complaint, or the 
underlying charge of discrimination filed by Ms. Vasquez. 
9. Defendants shall expunge the personnel file(s) of Yadira Vasquez and Trudy Arreguin of 
any and all documents relating to the EEOC charge which Ms. Vasquez filed, and of any and all 
documents relating to Plaintiff EEOC's Complaint. 
10. Defendants and their officers, employees, servants, successors, and assigns, are enjoined, 
during the term of this Consent Decree, from discriminating against any employee on the basis of 
gender. The conduct enjoined includes subjecting any employee, or allowing any employee to 
be subjected, to sexual harassment and/or to a sexually hostile work environment. 
3 
Case 7:06-cv-00121-RAJ Document 21 Filed 05/02/2007 Page 4 of 8 
11. Defendants and their agents, officers, employees, servants, successors, and assigns, are 
enjoined, during the term of this Consent Decree, from retaliating in any manner whatsoever 
against Yadira Vasquez, Trudy Arreguin and/or any other past, present, or future employee, who 
pursues a claim pursuant to Title VII, or who files a discrimination charge, gives testimony, or 
assistance, or participates in any manner in any investigation, proceeding, hearing, or action 
under Title VII. 
12. Defendants and their agents, officers, employees, servants, successors, and assigns, shall 
provide their employees with a place of employment free of discrimination on the basis of 
gender. 
13. Defendants and their agents, officers, employees, servants, successors, and assigns, shall 
post a notice regarding their intention not to discriminate and/or retaliate against any employee. 
Such notice shall be as set forth in Exhibit "A," which is attached to this Consent Decree. A 
copy of Exhibit "A" shall be posted on all employee bulletin boards, and other areas where 
employees are likely to congregate. The notice shall be posted within ten (10) days of the filing 
date of the Consent Decree, and shall remain posted for the duration of this Consent Decree. 
14. Defendants shall disseminate a notice to all employees re-affirming their intent to comply 
with all EEOC requirements, re-affirming any policy manual provision regarding their policy not 
to discriminate on the basis of gender, or any other protected characteristic, and their policy not 
to retaliate against any employee who protests against discrimination, and including with said 
notice, a copy of Exhibit "A," requesting that each employee sign and return an acknowledgment 
that they have received said notice. 
15. To further the ends of this Consent Decree, within one hundred eighty (180) days of the 
entry of this Decree, every employee of Defendants, including but not limited to Vikram 
4 
i 
Case 7:06-cv-00121-RAJ Document 21 Filed 05/02/2007 Page 5 of 8 
Cheema, shall participate in no less than four (4) hours of equal employment opportunity 
compliance training. This training shall: (a) explain the law relating to discrimination in 
employment based on gender, including but not limited to sexual harassment and sexually hostile 
work environments; (b) explain the law relating to retaliation, including but not limited to the 
prohibition on discharging employees in retaliation for their refusal to acquiesce to sexual 
advances and/or for any complaints they may make about what they reasonably believe to be 
sexual harassment; and (c) explain the damaging effects of discrimination based on gender, and 
retaliation, to victims, their families, their co-workers, and the workplace environment. In 
addition, the training shall teach the responsibilities of supervisory employees and any human 
resources personnel to provide prompt and effective relief to individuals who complain of 
discrimination based on gender. Within 30 days prior to the date scheduled for this training, 
Defendants shall furnish to Plaintiff EEOC a written report describing the training to be attended 
by their employees, identifying the instructor(s) and describing their qualifications to conduct 
such training, and Plaintiff EEOC shall have the right, within ten days of its receipt of this 
information, to disapprove the training and the instructor. 
16. Plaintiff EEOC shall have the right to ensure compliance with the terms of this Consent 
Decree and may: (a) conduct inspections of any facility belonging to Defendants; (b) interview 
employees of Defendants; and (c) examine and copy relevant documents. 
17. The terms of this Consent Decree shall be binding upon Plaintiff EEOC and Defendants, 
their agents, officers, employees, servants, successors, and assigns, as to the issues resolved 
herein. 
18. Each party shall bear its own costs, including attorneys' fees incurred in this action. 
The Clerk shall furnish a copy hereof to each attorney of record. 
5 
Case 7:06-cv-00121-RAJ Document 21 Filed 05/02/2007 Page 6 of 8 
SO ORDERED. 
Signed this day of 
ROBERT JUNELL 
UNITED STATES DISTRICT JUDGE 
Dated: May 1. 2007 
hi Denis Dennis 
DENIS DENNIS 
Texas State Bar No. 05655566 
BUSH, KELLY, MORGAN, DENNIS, 
CORZINE & HANSON, P.C, 
P.O. Box 1311 
Odessa, Texas 79760-1311 
Telephone: (432) 367-7271 
Facsimile: (432) 363-9121 
ATTORNEYS FOR DEFENDANT 
Respectfully submitted, 
/s/ Robert Canino 
ROBERT CANINO 
Regional Attorney 
Oklahoma State Bar No. 011782 
TOBY W. COSTAS 
Supervisory Trial Attorney 
Texas State Bar No. 04855720 
hi Leticia Dominguez 
LETICIA DOMINGUEZ 
Trial Attorney 
Texas State Bar No. 00795741 
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION 
EL PASO AREA OFFICE 
300 E. Main, Suite 500 
El Paso, TX 79901 
Telephone: (915) 534-6676 
Facsimile: (915)534-6701 
ATTORNEYS FOR PLAINTIFF EEOC 
6 
Case 7:06-cv-00121-RAJ Document 21 Filed 05/02/2007 Page 7 of 8 
EXHIBIT A 
7 
Case 7:06-cv-00121-RAJ Document 21 Filed 05/02/2007 Page 8 of 8 
NOTICE TO ALL EMPLOYEES 
Your employer is firmly committed to treating employees according to merit, without 
regard to their race, religion, color, national origin, sex, age, disability, or their having engaged 
in activity protected by Title VII of the Civil Rights Act of 1964. This policy applies to all 
employment decisions, and all other terms and conditions of employment. Your employer will 
specifically not tolerate employees being subjected to sexual harassment and/or a sexually hostile 
work environment. Nor will your employer retaliate, in any way, against any employee who 
refuses to give in to a co-worker or supervisor's sexual advances and/or who complains that they 
are being subjected to sexual harassment and/or to a sexually hostile work environment. 
If you believe you are being discriminated against in any term or condition of your 
employment because of your race, religion, color, sex, age, disability or national origin, 
including being sexually harassed and/or subjected to a sexually hostile work environment, or if 
you believe that you are being retaliated against for refusing to give in to sexual advances from a 
co-worker or a supervisor and/or for complaining about being sexually harassed or subjected to a 
sexually hostile work environment, you are encouraged to seek assistance from supervisory 
personnel or from the United States Equal Employment Opportunity Commission, which is also 
known as the EEOC. The closest EEOC office is located at 300 E. Main, suite 500, El Paso, 
Texas, 79901. You may also reach the EEOC through the following 800 number: 1-800-669-
4000. No retaliatory action may be taken against you for seeking assistance from, filing a charge 
with, or communicating with the EEOC. 
The EEOC enforces Title VII of the Civil Rights Act of 1964, which prohibits 
employment discrimination based on race, color, religion, sex, or national origin; the Age 
Discrimination in Employment Act, which prohibits employment discrimination against people, 
because they are forty years old, or older, the Equal Pay Act, sections of the Civil Rights Act of 
1991, and the Americans with Disabilities Act, which prohibits discrimination against people 
with disabilities in the workplace. 
8 


EEOC v. Loop 20 Texas, Inc. and U.S. Cheema, Inc.

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1039&amp;context=condec

EEOC v. Loop 20 Texas, Inc. and U.S. Cheema, Inc.

Abstract

Similar works

Full text

Available Versions

DigitalCommons@ILR