Browning, Judge James O.

English

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Cornell University ILR School 
DigitalCommons@ILR 
Consent Decrees Labor and Employment Law Program 
4-11-2008 
EEOC v. BCI Coca-Cola Bottling Company 
Judge James O. Browning 
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EEOC v. BCI Coca-Cola Bottling Company 
Keywords 
EEOC, BCI Coca-Cola Bottling Company, 02-1644 JB/RHS, Consent Decree, Disparate Treatment, 
Termination, Terms and Conditions, Race, African American or Black, Manufacturing, Employment Law, 
Consent Decree 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/57 
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF NEW MEXICO 
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION, 
Plaintiff, 
v. 
BCI COCA-COLA BOTTLING COMPANY 
OF LOS ANGELES, 
d/b/a PHOENIX COCA-COLA BOTTLING 
COMPANY and COCA-COLA BOTTLING 
COMPANY OF ALBUQUERQUE, 
Defendant. 
No. CIV 02-1644 JB/RHS 
CONSENT DECREE 
The United States Equal Employment Opportunity Commission (the “Commission” or 
“EEOC”) filed this action against BCI Coca-Cola Bottling Company of Los Angeles, which does 
business under the names of Phoenix Coca-Cola Bottling Company and Coca-Cola Bottling 
Company of Albuquerque (“Defendant”) to enforce Title VII of the Civil Rights Act of 1964, as 
amended, 42 U.S.C. §2000e et seq. (Title VII). In the Complaint the Commission alleged that 
defendant subjected Stephen B. Peters to disparate treatment in the terms, conditions and privileges 
of employment because of his race, African American, in violation of Title VII. The Commission 
also alleges that Defendant discharged Mr. Peters because of his race, African American, in 
violation of Title VII. 
Defendant denies that it engaged in any discriminatory practice with respect to Mr. Peters 
and denies all of the allegations contained in the Complaint. The Court previously dismissed the 
Commission’s claims that it subjected Stephen B. Peters to disparate treatment in the terms, 
conditions and privileges of employment because of his race, African American, in violation of Title 
VII. The parties now enter this Decree in order to resolve the remaining disputed claim that 
Defendant discharged Mr. Peters because of his race, African American, in violation of Title VII 
and avoid continued litigation. 
The parties do not object to the jurisdiction of the Court over this action and waive their 
rights to a hearing and the Entry of Findings of Fact and Conclusions of Law. 
IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 
1. This Decree resolves all claims of the Commission against the Defendant, including 
back pay, interest, injunctive relief, attorney's fees and costs arising out of the issues in this lawsuit. 
2. The Defendant and its managing agents at its Albuquerque facility (hereinafter referred 
to as “Albuquerque facility”) are enjoined for the duration of the decree from discriminating against 
any employee based on his or her race, and from retaliating against any employee who: (a) opposes 
practices made unlawful by Title VII or a state equal employment statute, (b) makes a charge of 
discrimination or assists or participates in an investigation or proceeding under Title VII or a state 
equal employment statute, or (c) files an internal complaint of discrimination. This injunction will 
remain in effect for the duration of the decree at Defendant’s Albuquerque facility. 
3. Within fifteen (15) days of the entry of this Consent Decree, Defendant shall pay 
Stephen B. Peters the total sum of $250,000. Defendant will make this payment directly to Mr. 
Peters via certified mail at the address provided by EEOC. Of this amount ten thousand dollars 
($10,000.00) will be designated as back wages and the remainder will be compensatory damages. 
Within ten days of issuance of the settlement funds to Mr. Peters, Defendant will submit a copy of 
the check and any related correspondence to the Regional Attorney, Equal Employment Opportunity 
Commission, Albuquerque District Office, 505 Marquette NW, Suite 900, Albuquerque, NM 87102-
2189. For amounts designated as back pay, Defendant shall be responsible for paying the 
employer’s share of FUTA and FICA and will not be taken from the settlement amount. For the 
amount designated as compensatory damages, Defendant will issue a United States Internal Revenue 
Service Form 1099 to Mr. Peters as required by law. 
4. Employment inquiries or reference checks concerning Stephen B. Peters will be 
handled consistent with Defendant’s practice as follows: Prospective employers requesting a 
reference for Peters should contact The Work Number. The Work Number will provide Peters’ 
actual dates of employment, total time with the Company, and job title. If verification of 
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employment and income is requested regarding Peters, The Work Number will confirm, in addition 
to the foregoing, rate of pay, pay frequency, gross year-to-date earnings, and past two years income 
history. 
5. Defendant shall convert Stephen Peters’ involuntary termination to a voluntary 
resignation and shall expunge from the personnel file of Charging Party all references to the charge 
of discrimination filed against Defendant and to any involuntary termination. 
6. The Defendant shall not take any retaliatory action against Stephen B. Peters or any 
witness in this case for filing a charge of employment discrimination or for participating, assisting 
or testifying in this action. 
7. Defendant shall not condition the receipt of this individual relief on Stephen B. 
Peters’ agreement to keep the terms of the recovery or the allegations raised in this lawsuit 
confidential or waive his statutory right to file a charge with any federal or state anti-discrimination 
agency in the future. 
8. Defendant will carry out policies and practices at its Albuquerque facility that 
promote a work environment free from race discrimination, including policies and practices to 
prevent race discrimination of its employees, and that allow employees and other individuals to raise 
concerns or complaints about matters made unlawful by Title VII, whether alleged, perceived or 
actual without retaliation. To assist Defendant in its effort to promote a work environment free of 
race discrimination and retaliation, defendant shall take the actions provided for in Paragraphs 11 
through 13. 
9. Within fifteen (15) days of entry of the Decree, Defendant shall review its existing 
policies on race discrimination for its Albuquerque facility, and make any changes necessary so that 
its policies comply with Title VII. Within fifteen days of reviewing and making any necessary 
revisions to its policies, defendant shall distribute a copy of its policy(s) to each of its current full 
and part-time employees of its Albuquerque facility, and to each new employee hired for its 
Albuquerque facility for the duration of this decree. Defendant shall distribute a copy of its 
policy(s) to each new employee hired for its Albuquerque facility within ten days of hire. 
10. Within fifteen (15) days of entry of the Decree, Defendant shall provide its employees 
of its Albuquerque facility with written policy statements and procedures regarding reporting and 
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prevention of race discrimination. The policy and procedure statements that are provided to 
Defendant’s employees should be designed to present easily understood, convenient, confidential 
and reliable procedures for reporting incidents of race discrimination in Defendant’s Albuquerque 
facility. 
11. Defendant shall post within ten (10) days of the entry of this Consent Decree, and 
continuously for a period of twenty- four months, in a prominent place frequented by employees in 
Defendant’s Albuquerque facility, the Notice attached to this decree as Exhibit A. This Notice shall 
be the same type, style and size as in Exhibit A. 
12. Defendant shall provide training on race discrimination and retaliation according to 
the following terms: 
A. Defendant shall provide four training sessions training session during the term of this 
decree. All managers, supervisors and employees of Defendant’s Albuquerque facility will attend 
the training. Duplicative sessions may be held to accommodate staffing needs. Defendant shall be 
responsible for all costs associated with this training; 
B. Defendant shall select a qualified trainer and shall submit the trainer’s name, resume, 
training agenda and the date(s) of the proposed training to the Regional Attorney of the Albuquerque 
Area Office of the Equal Employment Opportunity Commission within forty-five days of the entry 
of this decree. The Commission shall have thirty days from the date of receipt of the information 
described above to accept or reject the proposed consultant/lecturer and/or the contents of the 
seminar. In the event the Commission does not approve Defendant’s designated consultant/lecturer, 
Defendant shall, within forty-five days, submit an alternative consultant/lecturer to the Commission 
which will have thirty days from the date of receipt of the information to, in good faith, accept or 
reject the proposed alternative consultant/lecturer. In the event the Commission does not, in good 
faith, approve Defendant’s designated consultant/lecturer, the Commission shall designate the 
consultant/lecturer at a cost not to exceed $3,000.00 per seminar-training session which shall be paid 
by Defendant. 
C. The training session shall include a minimum of three hours of instruction. All 
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personnel designated in Paragraph A shall both register and attend the training. The registry of 
attendance shall be retained by Defendant at least for the duration of the decree; 
D. The training, at a minimum, shall include the subjects of: 
1. that race discrimination in the hiring, firing, compensation, assignment or 
other terms, conditions or privileges of employment and retaliation violates 
Title VII; 
2. how to prevent race discrimination and retaliation; 
3. how to provide a work environment free race discrimination and retaliation; 
and 
4. to whom and by what means employees may complain, including the EEOC, 
if they feel they have been subjected to race discrimination and retaliation. 
E. Immediately following the training sessions, Defendant’s highest ranking managerial 
official for its Albuquerque facility shall speak to the employees about: (1) potential discipline that 
can be taken against supervisors, managers and employees who commit acts of race discrimination 
or retaliation, or who allow race discrimination or retaliation to occur in the workplace; (2) the 
importance of maintaining an environment free of race discrimination and retaliation; and (3) the 
employer’s policies regarding race discrimination and retaliation. This time shall not be counted 
toward the training required in paragraph 12C. 
F. For the duration of this decree, at or around the time of hire, employees hired for its 
Albuquerque facility after the training is presented, shall view a video tape of the training and/or a 
professional training tape which covers the topics set forth in paragraph 12D and shall be given any 
written material disseminated at the training. 
13. Defendant shall report in affidavit form to the Regional Attorney of the Commission's 
Albuquerque Area Office at 505 Marquette NW, Suite 900, Albuquerque, New Mexico 87102-2189 
beginning six months from the date of the entry of this decree, and thereafter every six months for 
the duration of the decree the following information: 
A. Any changes, modifications, revocations, or revisions to its policies and procedures 
which concern or affect the subject of race discrimination and retaliation. 
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B. The registry of persons attending each of the seminar-training sessions required in 
paragraph 12 of this decree and a list of current employees on the day of the seminar-training 
session. 
C. An affidavit by Defendant stating the Notice required in paragraph 11 of this decree was 
posted and the location where it was posted. 
14. Each party shall bear its costs and attorney's fees incurred as a result of this action 
through the filing of this decree. 
15. The duration of this decree shall be two (2) years from its entry. This Court shall 
retain jurisdiction of this action for the duration of the decree, during which the Commission may 
petition this Court for non-compliance with this decree. Should the Court determine that Defendant 
has not complied with this decree, appropriate relief, including extension of this decree for such 
period as may be necessary to remedy its non-compliance, may be ordered. 
16. This decree shall expire by its own terms at the end of two (2) year after entry, 
without further action by the parties. 
17. The parties agree to entry of this decree and judgment subject to final approval by 
the Court. 
ENTERED AND ORDERED this 11th day of April, 2008. 
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APPROVED AND CONSENTED TO: 
/s/ Mary Jo O’Neill by Loretta Medina 
Mary Jo O’Neill 
Regional Attorney 
/s/ Sally C. Shanley by Loretta Medina 
Sally C. Shanley 
Supervisory Trial Attorney 
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION 
3300 N. Central Ave., Suite 690 
Phoenix, Arizona 85012 
/s/ Veronica A. Molina 
Veronica A. Molina 
Trial Attorney 
Loretta Medina 
Senior Trial Attorney 
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION 
Albuquerque Area Office 
505 Marquette N.W., Suite 900 
Albuquerque, NM 87102 
Telephone: (505) 248-5231 
For BCI Coca-Cola Bottling Company of 
Los Angeles 
/s/ Robbin Dodson 
Robbin Dodson 
Sales Center Manager 
BCI Coca-Cola Bottling Company of Los 
Angeles 
Albuquerque, New Mexico 
/s/ Christopher M. Moody 
Christopher M. Moody, Esq. 
MOODY & WARNER, P.C. 
4169 Montgomery 
Boulevard 
Albuquerque, New Mexico 87109 
(505) 944-0034 
/s/ E. Todd Presnell 
E. Todd Presnell, Esq. 
MILLER & MARTIN PLLC 
150 Fourth Avenue North 
Suite 1200 
Nashville, Tennessee 37219 
(615) 744-8447 
Attorneys for BCI Coca-Cola Bottling 
Company of Los Angeles 
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NOTICE TO ALL EMPLOYEES OF 
BCI COCA-COLA BOTTLING COMPANY OF LOS ANGELES, 
d/b/a PHOENIX COCA-COLA BOTTLING COMPANY and 
COCA-COLA BOTTLING COMPANY OF ALBUQUERQUE 
This Notice is posted pursuant to a Consent Decree entered into between BCI 
Coca-Cola Bottling Company of Los Angeles, d/b/a Phoenix Coca-Cola Bottling 
Company and Coca-Cola Bottling Company of Albuquerque (“BCI Coca-Cola”) 
and the Equal Employment Opportunity Commission (EEOC). 
It is unlawful under the federal law (Title VII of the Civil Rights Act of 1964 and 
state law to discriminate against an employee on the basis of race in hiring, firing, 
compensation or other terms, and conditions or privileges of employment. 
BCI Coca-Cola prohibits all forms of race discrimination. BCI Coca-Cola also 
prohibits any form of harassment of persons because of race. 
BCI Coca-Cola shall not discriminate on the basis of race and shall not retaliate 
against any employee who opposes a practice made unlawful under federal law, 
files, assists or participates in the filing of a charge of discrimination or participates 
in any investigation under Title VII, or who files a grievance alleging 
discrimination. 
If you believe you have been discriminated against because of race or retaliated 
against in your workplace, you always have the right to seek assistance from: 
Equal Employment Opportunity Commission (EEOC) 
[505 Marquette, Suite 900, Albuquerque, New Mexico 87102] 
1-800-669-4000 
or 
[New Mexico Department of Labor, Human Rights Division, 1596 Pacheco St., 
Suite 300, Santa Fe, New Mexico 87505(505) 827-6838] 
You have the right to file a charge with the EEOC or the Department of Labor 
if you believe you are being discriminated against. 
Exhibit A 
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EEOC v. BCI Coca-Cola Bottling Company

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EEOC v. BCI Coca-Cola Bottling Company

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