England, Judge Morrison C., Jr.

English

DigitalCommons@ILR

Cornell University ILR School 
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Consent Decrees Labor and Employment Law Program 
5-18-2010 
EEOC v. Kobra Associates, Inc. d/b/a Jack in the Box 
Judge Morrison C. England Jr. 
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EEOC v. Kobra Associates, Inc. d/b/a Jack in the Box 
Keywords 
eeoc, kobra associates inc, jack in the box, 2:09-cv-03546-mce-jfm, sexual harassment, hostile work 
environment, sex, female, service, consent decree, employment law, Title VII 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/768 
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)ase 2:09-cv-03546-MCE -JFM Document 17 Filed 05/19/10 Page 1 of 9
William R. Tamayo, SBN (CA) 084965 
David Offen-BroWn, SBN (CA) 063321 
Dana C. Johnson, SBn  (CA) 187341 
U.S. EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION 
350 The Embarcadero, Suite 500 
San Francisco, CA 94105-1260 
Telephone: (415) 625-5697 
Facsimile: (415) 625-5657 
E-mail: dana.iohnson@eeoc.gov
Attorneys for Plaintiff EEOC
Pankai Bhatia
BHATlA & ASSOCIATES
445 South Figueroa Street, Suite 2600
Los Angeles, CA 90071
Telephone: (213) 426-2112
Facsimile: (213) 426-2146
E-mail: pbhatia@bhatialaw.com
Attorneys for TBS Foods, Inc.
UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF CALIFORNIA
U.S. EQUAL EMPLOYMENT ) Case No.: 2:09-CV-03546-MCE-JFM
OPPORTUNITY COMMISSION, )
) CONSENT DECREE AND ORDER 
Plaintiff, )
vs. )
KOBRA ASSOCIATES, INC. d/b/a )
JACK IN THE BOX, )
Defendant. )
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)ase 2:09-cv-03546-MCE -JFM Document 17 Filed 05/19/10 Page 2 of 9
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 sexual harassment and to make whole Tammy Bright and 
other similarly situated women, who were aggrieved by the alleged unlawful 
practices. Plaintiff EEOC alleged that defendant Kobra Associates, Inc. d/b/a Jack 
in the Box (“Defendant Kobra”) unlawfully subjected Bright and similarly situated 
women to a hostile work environment because of their sex, female. TBS Group, 
(“TBS” or the “Company”) is in the process of acquiring Defendant Kobra’s Store 
513, located at 6729 Skyway Street, Paradise, CA 95969 (“Store 513”), and 
intends to continue to operate Defendant’s Store 513, which is the store where 
Bright and the similarly situated women had been employed. TBS is acquiring 
Store 513 free and clear of all claims, interests or encumbrances through a sale 
approved by the Bankruptcy Court, with the sole exception of this Consent Decree 
(“Decree”). TBS consents to this Court’s jurisdiction during the term of this 
Decree solely for purposes of compliance with this Decree.
In the interest of resolving this matter and as a result of comprehensive 
settlement negotiations, the Commission and TBS (hereinafter “Parties to the 
Decree”) have agreed that the EEOC’s claim for non-monetary injunctive relief in 
connection with the above-captioned lawsuit (the “Lawsuit”) should be finally 
resolved by entry of this Decree. This Decree shall not constitute an adjudication 
of or a finding on the merits of the Lawsuit. Nor does it resolve the EEOC’s 
claims for monetary relief against Defendant Kobra, which claims, once liquidated, 
will be administered through the bankruptcy court proceedings.
This Decree constitutes a complete resolution between the Parties to the 
Decree of all claims that were made or could have been made by the Commission 
against TBS as they relate to successor liability on behalf of Ms. Bright or 
similarly situated women based upon Ms. Bright’s charge of discrimination, EEOC
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)ase 2:09-cv-03546-MCE -JFM Document 17 Filed 05/19/10 Page 3 of 9
Charge No. 550-2007-02024. This Decree does not, however, prevent or affect the 
filing or resolution of any charges filed after entry of this Decree. Currently, the 
EEOC knows of no pending charges against TBS.
This Decree comprises the full and exclusive agreement of the Parties to the 
Decree with respect to the matters discussed herein. No waiver, modification or 
amendment of any provision of this Decree shall be effective unless made and 
approved in writing by the Parties to the Decree, and any substantive change, 
modification or amendment of any provision of this 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:
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 the Company’s obligations as set forth herein.
2. This Decree is final and binding upon the Parties to the Decree, 
their successors and assigns.
3. The Parties to the Decree shall each be responsible for its own 
costs and attorneys’ fees.
GENERAL INJUNCTIVE RELIEF
4. Retaliation: TBS and its officers, agents, managers (including 
supervisory employees), successors and assigns, are enjoined from engaging in, 
implementing or permitting any action with the purpose of retaliating against 
Tammy Bright because she (a) opposed any practice of harassment made unlawful 
under Title VII, (b) filed a Charge of Discrimination alleging any such practice, (c) 
participated in the EEOC’s investigation into claims of harassment, or (d) was 
identified as a possible witness in connection with this Lawsuit. If the EEOC
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)ase 2:09-cv-03546-MCE -JFM Document 17 Filed 05/19/10 Page 4 of 9
believes that TBS has violated this provision, it will provide TBS with written 
notice and a sixty (60) day period in which to engage in good faith efforts to 
resolve the issue, as set forth in Paragraph 15a, prior to petitioning the Court.
SPECIFIC INJUNCTIVE RELIEF
5. Zero-Tolerance
The Company affirms the following Statement of Zero-Tolerance 
Policy and Equality Objectives:
“The Company is firmly committed to maintaining a zero-tolerance 
policy concerning discriminatory harassment and retaliation against individuals 
who report harassment in the company’s workplace; to reasonably swiftly and 
appropriately respond to any acts of harassment and retaliation of which the 
Company becomes aware; to impose discipline designed to strongly deter future 
acts of harassment or retaliation; and to conduct training, distribute at hire the 
Company’s policy prohibiting harassment, and train managers and supervisors on 
their duties regarding workplace harassment, in order to ensure tolerance, respect 
and dignity for all employees.”
6. EEO and Harassment Policies
TBS shall present to the EEOC its EEO & harassment policies, within 
sixty (60) days of signing the Decree, such that the policies will: (i) include 
definitions of discriminatory harassment; (ii) include examples to supplement the 
definitions of sexual harassment; (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; (v) provide 
for appropriate discipline for incidents of retaliation designed to deter future acts of 
retaliation; (vi) provide express options, as stated in the employee handbook, for 
making oral or written complaints of harassment and/or retaliation; (vii) provide 
for a prompt investigation after a complaint is made or received and for appropriate 
remedial action, if warranted, to be taken upon conclusion of an investigation; and
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)ase 2:09-cv-03546-MCE -JFM Document 17 Filed 05/19/10 Page 5 of 9
(viii) indicate that, upon the conclusion of the investigation of a complaint, the 
Company will communicate to the complaining party the results of the 
investigation and that remedial action was taken, if any. TBS is not required by 
this Decree to inform the complaining party of the nature of the discipline 
imposed, if any.
The Company shall ask each person who receives the policies to sign 
an acknowledgment that they have received and read the policy.
7. Complaint Procedure
a. The Company shall implement a complaint procedure designed 
to encourage employees to come forward with complaints about violations of its 
harassment policy. As part of the policy, the Company shall provide its employees 
with convenient, confidential and reliable mechanisms for reporting incidents of 
harassment and retaliation. The Company’s complaint procedure and harassment 
policy shall notify employees that they can lodge a complaint with their immediate 
supervisor, or a Company Corporate Officer or designee, and shall provide the 
name and telephone numbers for such individuals. Contact information for the 
Company Corporate Officer or designee shall also be continuously posted at Store 
513.
b. The Company shall undertake reasonable efforts to maintain 
anonymity of complainants and confidentiality of complaints in a manner 
consistent with applicable law.
8. Training of Employees
The Company shall provide mandatory annual anti-harassment 
training for each year during the term of the Decree to all employees who are 
employed at Store 513 at the time of the training. Failure of an employee to attend 
is only excused for legitimate reasons. TBS will not be in default of the Decree if 
it substantially complies with this provision. The purpose of said training shall be 
to give participants an understanding of harassment issues, particularly sexual
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)ase 2:09-cv-03546-MCE -JFM Document 17 Filed 05/19/10 Page 6 of 9
harassment, including but not limited to what constitutes sexual harassment, 
sources of legal protection for sexual harassment victims, the employees’ 
obligation to report sexual harassment, the employer’s obligation to take 
preventive, investigative and remedial action with respect to harassment 
complaints, and to review company policies (including disciplinary policies) and 
practices related to sexual harassment and retaliation with Company employees.
9. Training Logistics
The content, persons providing training, method of training and size 
of training under Paragraph 8, above, is subject to review by the EEOC. The 
EEOC will consider qualified Jack in the Box, Inc. personnel as trainers to perform 
this function. The annual trainings will be conducted by live trainers. The 
Company agrees to provide the qualifications of the trainer(s) and a description of 
each training program and the date, time and location of the training to counsel for 
the Commission no later than twenty (20) days before each of the training 
programs are scheduled to be held.
10. Acknowledgment of Training Attendance
All persons attending mandatory anti-harassment training pursuant to 
this Decree shall sign an acknowledgment of their attendance at the training and 
the date thereof. The Company shall retain these acknowledgments and provide 
the EEOC with a copy thereof each year that the Decree remains in effect.
11. Reports to the Commission
Within forty-five (45) days of completion of the training required by 
this consent decree, the Company will send the EEOC verification of its 
completion of harassment training for its employees.
12. Harassment Complaint Reports
During the term of the Decree, TBS shall provide to the EEOC reports 
concerning internal complaints of harassment containing the following 
information: (1) a description of the complained-of events, (2) the name of the
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)ase 2:09-cv-03546-MCE -JFM Document 17 Filed 05/19/10 Page 7 of 9
complaining employee, and (3) the resolution that TBS reached in connection with 
the complaint. At the EEOC’s request, TBS shall provide the EEOC with the 
complaining party’s last known telephone number or shall provide the EEOC with 
a statement signed by the complaining party that he or she does not want his or her 
telephone number to be provided to the EEOC.
On the twenty-fifth day of January and June of each year during the duration 
of this Decree, TBS shall mail to counsel for the Commission a report containing 
the above information.
13. Policies Designed to Promote Supervisor Accountability
a. Communication of Potential Discipline for Engaging in 
Harassment
TBS shall impose appropriate discipline, up to and including 
termination, suspension without pay or demotion, upon any supervisor or manager 
who engages in 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. The Company shall communicate this policy 
to all of its supervisors and managers via the employee handbook.
b. Communication of Duty to Monitor Worksite.
The Company shall advise all managers and supervisors via the 
employee handbook of their duty to monitor their work areas to ensure employee 
compliance with the company’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.
14. Notice of Decree to Potential Purchasers
In the event that TBS sells Store 513 during the term of the Decree, it shall 
provide the purchaser with a copy of the Decree at least fifteen (15) days before the 
sale takes place.
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)ase 2:09-cv-03546-MCE -JFM Document 17 Filed 05/19/10 Page 8 of 9
15. Retention of Jurisdiction and Expiration of Decree
a. For purposes of enforcing the provisions of this Decree, and 
pursuant to Kokkonen v. Guardian Life Ins. Co. o f Am., 551 U.S. 375, 381-82 
(1994) and Flanagan v. Arnaiz, 143 F.3d 540, 543-44 (9th Cir. 1998), this Court 
will retain jurisdiction of the instant lawsuit until the expiration of the Decree.
This 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 substantial noncompliance by the Company. If the Commission determines that 
the Company has not complied with the Decree, the Commission will provide 
written notification of the alleged breach to the Company, and will not petition the 
Court for enforcement sooner than sixty (60) days after providing written 
notification. The sixty-day period following written notice shall be used by the 
Parties to the Decree for good faith efforts to resolve the issue. If the Commission 
petitions the Court and the Court finds the Company to be in substantial violation 
of the terms of the Decree, the Court may extend this Decree.
b. Except as provided in the preceding paragraph 9, two (2) years 
after the entry of this Decree, this lawsuit will be deemed to have been dismissed 
with prejudice, provided that the Company has complied substantially with the 
terms of this Decree. The Company will be deemed to have complied substantially 
if the Court has not made any findings or orders during the term of this Decree
///
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2:09-cv-03546-MCE -JFM Document 17 Filed 05/19/10 Page 9 of 9
that the Company has failed to comply with any of the terms of this Decree. The 
Decree will automatically expire without further Court Order.
Dated: _May 5____, 2010 U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
By: /s/
William R. Tamayo 
Attorney for Plaintiff EEOC
Dated: __________, 2010 TBS FOODS, INC.
By: /s/
Ben Nematzadeh
President, TBS Foods, Inc.
ORDER
In accordance with the parties’ stipulation, the foregoing Consent Decree is 
hereby approved. The instant matter is hereby dismissed, with prejudice, and the 
Clerk of Court is directed to close the file. The pending Motions to Dismiss 
(Docket No. 6) and to stay these proceedings (Docket No. 12) are accordingly 
denied as moot. Pursuant to the terms of the Consent Decree, however, the Court 
will retain jurisdiction over this matter for a period of two (2) years to ensure 
compliance with the terms of the settlement reached between the parties as set 
forth above.
IT IS SO ORDERED.
Dated: May 18, 2010
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EEOC v. Kobra Associates, Inc. d/b/a Jack in the Box

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1798&amp;context=condec

EEOC v. Kobra Associates, Inc. d/b/a Jack in the Box

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