Batten, Judge Timothy C.

English

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Cornell University ILR School 
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Consent Decrees Labor and Employment Law Program 
2-2-2018 
Equal Employment Opportunity Commission v. Decostar 
Industries, Inc. 
Judge Timothy C. Batten 
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Equal Employment Opportunity Commission v. Decostar Industries, Inc. 
Keywords 
EEOC, Decostar Industries, Inc., 3:17-CV-00054-TCB-RGV, Consent Decree, Failure to Accommodate, 
Termination, Religion, Employment Law, Title VII 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/812 
Case 3:17-cv-00054-TCB Document 25 Filed 02/09/18 Page 1 of 10
UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
NEWNAN DIVISION
EQUAL EMPLOYMENT )
OPPORTUNITY COMMISSION, )
)
Plaintiff, ) CIVIL ACTION NO.
)
v. ) 3: 17-CV-00054-TCB-RGV
)
DECOSTAR INDUSTRIES, INC., )
)
Defendant. )
_________________________________________)
CONSENT DECREE
The Equal Employment Opportunity Commission (the “Commission”) 
instituted this action pursuant to Section 706(f)(1) and (3) of Title VII of the Civil 
Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5(f)(1) and (3) (“Title 
VII”), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. The 
Commission’s Complaint alleges that Defendant Decostar Industries, Inc. 
(“Defendant”) failed to accommodate the sincerely held religious beliefs of Dina 
Lucas Velasquez (“Velasquez”) and terminated her employment because of her 
religious beliefs in violation of Title VII.
The Commission and the Defendant hereby stipulate to jurisdiction of the 
Court over the parties and agree that the subject matter of this action is properly
before the Court.
Case 3:17-cv-00054-TCB Document 25 Filed 02/09/18 Page 2 of 10
The parties have agreed to resolve this litigation, with no costs or attorneys’ 
fees to either side, and with Defendant denying any liability or wrong-doing, and 
do hereby advise this Court that they desire to resolve the allegations in the 
Complaint without the burden, expense, and delay of further litigation.
It is therefore the finding of this Court, made on the pleadings and the record 
as a whole, that: (1) the Court has jurisdiction over the parties and the subject 
matter of this action; (2) the purpose and provisions of Title VII will be promoted 
and effectuated by the entry of the Consent Decree; and (3) this Consent Decree 
resolves all matters in controversy between the parties as provided in paragraphs 1 
through 17 below.
It is therefore ORDERED, ADJUDGED AND DECREED as follows:
1 . Defendant shall not discriminate against any person on the basis of 
religion or any other protected category within the meaning of Title VII, including 
by failing to provide a reasonable accommodation to the bona fide religious beliefs 
of an applicant or employee as required by federal law.
2. Defendant shall not discriminate or retaliate against any person 
because of opposition to any practice made unlawful under Title VII, or because of 
the filing of a charge, the giving of testimony or assistance, or the participation in 
any investigation, proceeding or hearing under that statute.
3. Defendant shall pay the total amount of thirty-eight thousand five
2
Case 3:17-cv-00054-TCB Document 25 Filed 02/09/18 Page 3 of 10
hundred dollars ($38,500.00) in settlement of the claims raised in this action. 
Applicable withholdings shall be made pursuant to federal and state tax laws, with 
one half of the payment allocated to back pay wages and one-half allocated to 
emotional distress damages. Payment shall be made within fifteen (15) days after 
the Court approves this Consent Decree, and Defendant shall make payment by 
issuing a check payable to Velasquez, and by mailing the check to Velasquez at an 
address provided by the Commission. Within ten (10) days after the check has 
been sent, Defendant shall send to the Commission, a copy of the check and proof 
of delivery to Velasquez at EEOC-ATDO-decree-monitoring@eeoc.gov. Neither 
the Commission nor Defendant make any representation, or assume any 
responsibility for any tax liability, assessments, interest, penalties and/or costs that 
Velasquez may or may not incur on such payments under local, state and/or federal 
law.
4. Within ten (10) days of the entry of this Consent Decree by the Court,
Defendant shall eliminate from Velasquez’s employment records any and all
documents, entries, or references of any kind relating to the facts and
circumstances which led to the filing of EEOC Charge Number 410-2015-00746,
including any events that occurred in connection with this lawsuit. Within ten (10)
days of the entry of this Consent Decree by the Court, Defendant shall change all
references in its personnel records for Velasquez from “terminated” to “voluntarily
3
Case 3:17-cv-00054-TCB Document 25 Filed 02/09/18 Page 4 of 10
resigned.” Within fifteen (15) days of the entry of this Consent Decree by the 
Court, Defendant shall report compliance of the terms contained within this 
paragraph to the Commission.
5. Defendant shall provide Velasquez with a neutral letter of reference 
using the form attached hereto as Exhibit A. Within ten (10) days of the entry of 
this Consent Decree by the Court, the original, signed letter of reference shall be 
provided to Velasquez at an address provided by the Commission. Velasquez is 
free to disseminate the letter to potential employers. If Defendant receives any 
inquiry about Velasquez from a potential employer, it will provide only the 
information set forth in Velasquez’s letter of reference in response.
6. Within ninety (90) days of the entry of this Consent Decree by the
Court, Defendant shall adopt and implement, at its Carrollton, Georgia facility a
formal, written anti-discrimination policy, which shall include but not be limited to
the following: an explanation of the requirements of the federal equal employment
opportunity laws, including Title VII and its prohibition against religious
discrimination; Defendant’s obligation to provide a reasonable accommodation for
sincerely held religious beliefs consistent with applicable federal law; the
procedure for employees to request a religious accommodation; the procedure for
considering employees’ requests for a religious accommodation; the procedure for
reporting discrimination; and the procedure for the thorough and immediate
4
Case 3:17-cv-00054-TCB Document 25 Filed 02/09/18 Page 5 of 10
investigation of employee complaints of discrimination. Defendant shall post the 
new policy on its bulletin boards at its Carrollton, Georgia facility where all 
employee communications are posted. In addition, Defendant shall announce the 
new policy and the location of the posting of the new policy to each current 
employee at its Carrollton, Georgia facility during one of Defendant’s regularly 
scheduled staff meetings within the aforementioned ninety (90) day time period. 
Furthermore, when Defendant issues a new employee handbook in the future, it 
will include the new policy within the new employee handbook. Within one 
hundred (100) days of the entry of this Consent Decree, Defendant shall report 
compliance to the Commission. During the term of this Consent Decree, 
Defendant shall review the policy with all newly hired employees of its Carrollton, 
Georgia facility.
7. During the term of this Consent Decree, Defendant shall post a copy 
of the policy described in paragraph 6, supra, at its Carrollton, Georgia facility in a 
place where it is visible to employees. If the policy becomes defaced or 
unreadable, Defendant shall replace it by posting another copy of the policy. 
Within one hundred (100) days after the Consent Decree is entered, Defendant will 
post the policy and notify the Commission that it has been posted.
8. During the term of this Consent Decree, Defendant shall provide an
annual training program to all of its managers and HR personnel on the Company’s
5
Case 3:17-cv-00054-TCB Document 25 Filed 02/09/18 Page 6 of 10
anti-discrimination policy described in paragraph 6, supra, at its Carrollton, 
Georgia facility. Each training program shall include an explanation of the 
requirements of Title VII, including an employer’s obligations with respect to 
religious accommodations, and its prohibition against religious discrimination in 
the workplace. Each training program shall also include an explanation of 
Defendant’s policy referenced in paragraph 6 above, and an explanation of the 
rights and responsibilities of employees, supervisors, and managers under the 
policy.
The first training program shall be completed within one hundred (100) days 
after entry of this Consent Decree by the Court. The final training program shall 
be conducted approximately one year later. At least fifteen (15) days prior to each 
program, Defendant shall submit to the Commission an agenda for the training 
program by electronic mail sent to EEOC-ATDO-decree-monitoring@eeoc.gov. 
Defendant should presume that the agenda is approved unless contacted by the 
Commission regarding the agenda within five (5) days of submission of the 
agenda. Within ten (10) days after completion of the training program, Defendant 
shall certify to the Commission the specific training which was undertaken.
9. Beginning within thirty (30) days after the entry of this Consent
Decree by the Court, and continuing throughout the term of this Consent Decree,
Defendant shall conspicuously post the attached Employee Notice, marked Exhibit
6
Case 3:17-cv-00054-TCB Document 25 Filed 02/09/18 Page 7 of 10
B, hereby made a part of this Consent Decree, in its Carrollton, Georgia facility in 
a place where it is visible to employees. If a Notice becomes defaced or 
unreadable, Defendant shall replace it by posting another copy of the Notice. 
Within forty-five (45) days after entry of this Consent Decree, Defendant shall 
notify the Commission that the Notice has been posted pursuant to this provision.
10. During the term of this Consent Decree, Defendant shall provide the 
Commission with reports at six (6) month intervals, with the first being due four 
(4) months after approval by the Court of this Consent Decree. The reports will 
include the following information:
A. The identity of each applicant or employee who at any time 
during the reporting period requested a religious 
accommodation, including by way of identification each 
person’s full name, last known address and telephone number, 
job title or position sought;
B. Information regarding the requested accommodation, including 
the date of accommodation request, the accommodation that 
was requested, whether the request was granted, what, if any, 
accommodation was provided to the individual; and if no 
accommodation was provided, a detailed explanation as to why 
the request was denied, including the identity of all persons 
involved in the decision to deny the request; and
C. for each individual identified in 1O.A. above, explain whether 
the individual’s employment status has changed in any respect 
since his or her request for a religious accommodation (for 
example, including but not limited to, termination, firing, 
demotion, promotion, or to part-time from full-time status); and 
a detailed statement explaining why the individual’s 
employment status has changed.
7
Case 3:17-cv-00054-TCB Document 25 Filed 02/09/18 Page 8 of 10
Defendant shall provide the social security number of any individual 
identified in response to 1O.A. within seventy-two (72) hours of a request by the 
Commission. The EEOC agrees to keep the social security numbers of the 
identified individuals confidential.
In the event there is no activity to report pursuant to this paragraph, 
Defendant shall send the Commission a “negative” report indicating no activity.
11. The Commission may review compliance with this Consent Decree. 
As part of such review, the Commission may interview employees and examine 
and copy documents on reasonable notice.
12. If at any time during the term of this Consent Decree, the Commission 
believes that Defendant is in violation of the Consent Decree, the Commission 
shall give notice of the alleged violation to Defendant. Defendant shall have ten 
(10) days in which to investigate and respond to the allegations. Thereafter, the 
parties shall then have a period of ten (10) days or such additional period as may 
be agreed upon by them, in which to engage in negotiation regarding such 
allegations before the Commission exercises any remedy provided by law.
13. The term of this Consent Decree shall be for two years (2) from its 
entry by the Court.
8
Case 3:17-cv-00054-TCB Document 25 Filed 02/09/18 Page 9 of 10
14. All notices to Defendant by the Commission pursuant to this Consent 
Decree shall be sent by electronic mail to Gerald L. Maatman, Jr. of Seyfarth Shaw 
LLP (gmaatman@seyfarth.com). If at any time during the term of this Consent 
Decree Defendant’s designated point of contact changes, Defendant shall notify the 
Commission and provide the name, job title, and electronic mail address for a new 
designated point of contact within ten (10) days of the change.
15. All reports or other documents sent to the Commission by Defendant 
pursuant to this Consent Decree shall be sent by electronic mail to: (1) EEOC- 
ATDO-decree-monitoring@eeoc.gov; or (2) if by regular mail to -  Antonette 
Sewell, Regional Attorney, Equal Employment Opportunity Commission, 100 
Alabama Street SW, Suite 4R30, Atlanta, GA 30303.
16. Each party shall bear its own costs and attorney’s fees.
1 7. This Court shall retain jurisdiction of this cause for purposes of 
monitoring compliance with this Decree and entry of such further orders as may be 
necessary or appropriate.
. 2 . J  . 1  J
Date
Northern District of Georgia
9
Case 3:17-cv-00054-TCB Document 25 Filed 02/09/18 Page 10 of 10
The parties jointly request that the Court approve and enter the Consent Decree:
EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION, 
Plaintiff
JAMES L. LEE 
Deputy General Counsel
GWENDOLYN YOUNG REAMS 
Associate General Counsel
ANTONETTE SEWELL 
(GA Bar #122575)
Regional Attorney
LAKISHA DUCKETTZIMBABWE 
(GA Bar #231641)
Supervisory Trial Attorney
/s/ Sairalina Montesino
SAIRALINA MONTESINO 
(GA Bar #940665)
Trial Attorney
EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION
Atlanta District Office 
100 Alabama St., SW Suite 4R30 
Atlanta, Georgia 30303 
Telephone: (404) 562.6842 
Facsimile: (404) 562.6905 
Email: sairalina.montesino@eeoc.gov
ATTORNEYS FOR PLAINTIFF
DECOSTAR INDUSTRIES, INC., 
Defendant
/s/ Gerald L. Maatman, Jr
g e r a l d ' l7 Ma a t m a n , jr
SEYFARTH SHAW LLP 
620 Eighth Avenue, 32nd Floor 
New York, NY 10018 
Telephone: (212) 218-5500 
Facsimile: (212) 218-5526 
gmaatman@seyfarth.com
ATTORNEY FOR DEFENDANT
10


Equal Employment Opportunity Commission v. Decostar Industries, Inc.

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1841&amp;context=condec

Equal Employment Opportunity Commission v. Decostar Industries, Inc.

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