Settlement Agreement - United States

1. The parties to this Agreement are the United States of America and the City of _____. The United States of America is referred to hereinafter as the "United States." The City of _____, its agents, employees, officials, designees, and successors in interest, are referred to hereinafter as the "City." _____ is referred to hereinafter as "Mr. _____." The Equal Employment Opportunity Commission is referred to hereinafter as the "EEOC."

The parties hereby agree as follows:

FACTUAL AND JURISDICTIONAL BACKGROUND

2. This matter arises from EEOC charge no. _____, filed by Mr. _____ on or about _____, with the _____ area office of the EEOC. On or about _____, the EEOC issued a determination on this charge that reasonable cause existed to believe that the City had discriminated in employment against _____ on the basis of his religion (Christianity) and retaliated against him in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2(a)(1), -3(a). After conciliation was unsuccessful, the EEOC referred the charge to the Department of Justice, pursuant to §706(f)(1) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1). The United States Department of Justice conducted a supplemental investigation.

3. Title VII applies to the City, because it is a person within the meaning of 42 U.S.C. § 2000e(a) and an employer within the meaning of 42 U.S.C. § 2000e(b).

4. The United States alleges, inter alia, that the City has violated Title VII by:

a) failing or refusing reasonably to accommodate Mr. _____' religious observance, practice and/or belief of attending Bible study on _____ evenings;

b) terminating Mr. _____' employment because of his religious observance, practice and/or belief of attending Bible study on _____ evenings;

c) retaliating against Mr. _____ because he informed the City of the need for an accommodation of his religious observance, practice and/or belief of attending Bible study on _____ evenings and/or because he opposed the City's failure or refusal to accommodate his religious observance, practice and/or belief of attending Bible study on _____ evenings; and

d) failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment against Mr. _____.

5. The City denies that any action it has taken constitutes a violation of Title VII by:

a) failing or refusing reasonably to accommodate Mr. _____' religious observance, practice and/or belief of attending Bible study on _____ evenings;

b) terminating Mr. _____' employment because of his religious observance, practice and/or belief of attending Bible study on _____ evenings;

c) retaliating against Mr. _____ because he informed the City of the need for an accommodation of his religious observance, practice and/or belief of attending Bible study on _____ evenings and/or because he opposed the City's failure or refusal to accommodate his religious observance, practice and/or belief of attending Bible study on _____ evenings; and

d) failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment against Mr. _____.

6. This Agreement, in whole or in part, shall not be construed as an admission by the City of liability nor as an acceptance by the United States of any argument which the City has previously made or may subsequently make as to the substance of the United States' allegations.

7. The parties have determined that their respective interests can be met without engaging in protected litigation to resolve this dispute and have therefore voluntarily entered into this Agreement.

8. As used in this Agreement, the term "effective date of this Agreement" is the date of the latest signature below.ACTIONS TO BE TAKEN BY THE CITY 9. The City will not engage in any act or practice that has the purpose or effect of unlawfully discriminating against any employee or potential employee in the City's Sanitation Department because of that individual's good faith religious observances, practices and/or beliefs, including the observance, practice and/or belief of attending Bible study.

10. The City will not retaliate against or in any respect adversely affect Mr. _____ or any other person in a manner prohibited by § 704(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-3(a), or because of that person's participation in or cooperation with the initiation, investigation, or administration of EEOC charge no. _____ or this Agreement.

11. The City will use non-discriminatory employment policies designed reasonably to accommodate the good faith religious observances, practices and/or beliefs of employees in the City's Sanitation Department and designed to prohibit retaliation in violation of § 704(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-3(a).

12. The City will provide training with respect to Title VII's prohibitions against employment discrimination based on religion and retaliation to its supervisory personnel who are involved in the hiring and selection procedure, evaluation of job performance, discipline and discharge of Sanitation Department employees. This training will be conducted by a representative or representatives of the Employment Litigation Section of the Civil Rights Division of the United States Department of Justice or a designee, and will be limited in time to one day or less.

13. Within thirty (30) days after the effective date of this Agreement, the City will post notices in the form attached hereto as Appendix A. Such notices will be posted in a prominent and conspicuous location or locations used for posting notices at the City's Sanitation Department. Such notices will remain posted for a period of 90 days from the date of execution of this Agreement.

14. The City will offer Mr. _____ reinstatement in the position of _____ in the City's Sanitation Department with remedial seniority dates for all purposes of _____ (the date he was hired by the City) as an employee of the City and _____ as a _____ (the date he was promoted to that position). The City represents that the position of _____ is the same position that Mr. _____ had when he was terminated. If Mr. _____ elects to accept the City's offer of employment, he shall be allowed to begin work for the City as a _____ in the Sanitation Department no later than sixty days after the effective date of this Agreement.

15. The City will offer to pay Mr. _____ a monetary award in the amount of $ 52,806.38, which includes $ 48,027.00 in back pay and $ 4,779.38 in accumulated interest on the back pay. The back pay portion of this monetary amount will be subject to withholding for income tax and FICA. The City will separately pay the appropriate employer's contribution to the Social Security fund due on the back pay portion of the monetary award; i.e., the employer's contribution shall not be deducted from the monetary award to Mr. _____.

16. The City will offer to pay Mr. _____ a separate monetary award in the amount of $7,500.00 which shall be considered compensatory damages.

17. The City will accommodate a request from Mr. _____, made in writing, to attend weekly Bible study on _____ evenings. Mr. _____ need only submit one written request, and this request will thereafter be accommodated.

18. The City will offer to remove from any and all relevant files and documents pertaining to Mr. _____, including his personnel file, all references to Mr. _____' _____ termination. In order to accomplish this objective, the City will submit to the United States, within thirty (30) days from its receipt of the executed Release from Mr. ____ pursuant to Paragraph 22 of this Agreement, a copy of the personnel file of Mr. _____ and copies of any and all other relevant files and documents pertaining to Mr. _____. Upon identification by the United States of the appropriate documents, the City will remove such documents from its records and files

19. As additional relief to Mr. _____, the City shall offer to provide to him and include in his personnel file and all other files relating to his termination a copy of this Settlement Agreement.

20. The City will issue to Mr. _____, if he accepts the monetary relief offered to him pursuant to this Agreement, a Form W-2, a Form 1099 or other appropriate forms that reflect the monetary relief and withholdings from the back pay portion of the monetary relief.

21. The City will notify Mr. _____ of the terms of this Agreement within ten (10) days of its effective date by mailing to him, by certified mail, return receipt requested, a copy of the letter in the form set forth in Appendix B and enclosing a copy of this Agreement and a copy of the Release and Election form in the form set forth in Appendix C. The letter identified as Appendix B will advise Mr. _____ that in order to accept the relief offered to him, he must return the Appendix C Release and Election form to the City within thirty (30) days of his receipt of the Appendix B letter, unless he can demonstrate good cause, to be determined by the United States, for his failure to do so within a reasonable time thereafter.

22. In order to accept the specific relief to be offered by the City under this Agreement, Mr. _____ must execute a Release and Election form in the manner attached as Appendix C.

23. The City will pay to Mr. _____ the monetary awards specified in Paragraphs 15 and 16 of this Agreement, after appropriate deductions are made, within fifteen (15) days of its receipt of the executed Appendix C Release.

24. If Mr. _____ elects to accept the City's offer of employment, that is, reinstatement to the position of_____ in the City's Sanitation Department with remedial seniority, the City will contribute its full share to any matching deferred compensation plan Mr. _____ would have been in if he had been employed as a _____ by the City for the period of time between _____, and such time as Mr. _____ begins working again in a _____ position with the Sanitation Department. Mr. _____' monetary award will not be reduced by the City's deferred compensation plan payments; however, any contribution Mr. _____ would have made to a deferred compensation plan during this period will be paid into the deferred compensation plan from his monetary award defined in Paragraph 15 above, if Mr. _____ elects to accept the City's job offer.

25. Mr. _____ need not accept the job opportunity relief in order to obtain the monetary awards defined in Paragraphs 15 and 16 above.

TERM OF AGREEMENT, RECORD-KEEPING AND REPORTING BY THE CITY

26. The United States and the City agree that the life of this Agreement shall be for three years from the effective date of this Agreement. The City will retain during the life of this Agreement records necessary to document the implementation of this Agreement. The City will furnish records and documents relevant to its compliance with the implementation of this Agreement to counsel for the United States within thirty (30) days of any written request to the City's attorney.

27. The City will provide written notice to counsel for the United States of any disciplinary or other adverse employment action proposed or taken against Mr. _____ during the life of this Agreement promptly after such action is proposed or taken. The United States shall have the right to inspect and copy all documents related to such action upon reasonable notice to the City.

28. The City will retain all records that come into its possession during the life of this Agreement relating to complaints or charges of employment discrimination based on religion or retaliation filed against the City or its Sanitation Department or an employee, agent or representative of the City and pertaining to an employee or applicant for employment in the Sanitation Department: (a) through the City's internal grievance procedure; (b) with the United States Equal Employment Opportunity Commission; or (c) through or with any other federal, state or local agency authorized to receive such complaints. The United States will have the right to inspect and copy all documents related to such complaints or charges upon reasonable notice to the City. The City believes it is already required to keep such records pursuant to _____ law.

DISPUTE RESOLUTION

29. If the United States believes that this Agreement or any portion of it has been violated, it will raise its concern(s) with the City, and the parties will attempt to resolve the concern(s) in good faith. The City will be given 21 days to cure any alleged breach of this Agreement prior to the institution of any enforcement action.

30. The United States may institute a civil action in the appropriate United States District Court to enforce this Agreement, if it believes that this Agreement or any requirement thereof has been violated.

31. If the United States gives the City notice of an alleged breach of the Agreement pursuant to Paragraph 29 of this Agreement and/or institutes a civil action pursuant to Paragraph 30 of this Agreement, the life of this Agreement shall not end until the matter in dispute is resolved by written agreement of the parties or final disposition in court notwithstanding the three year term of the Agreement provided for in Paragraph 26 of the Agreement.

IMPLEMENTATION

32. The Attorney General is authorized, pursuant to Section 706(f)(1) of Title VII, 42 U.S.C. § 2000e-5(f)(1), to institute a civil action against a local government employer when the EEOC has determined that there is reasonable cause to believe, based on a charge of employment discrimination, that violations of Title VII have occurred and the EEOC has been unable to secure an acceptable conciliation agreement. These preconditions exist with respect to EEOC charge no. _____ filed by Mr. _____. In consideration for the measures agreed to be taken by the City in this Agreement, including offering the relief to Mr. _____ set forth in this Agreement, the Attorney General will not institute any civil action alleging employment discrimination by the City on the basis of EEOC charge no. _____ filed by Mr. _____.

33. Within sixty (60) days after the effective date of this Agreement, the United States will issue to Mr. _____ a notice of right to sue on EEOC charge no. _____, pursuant to Section 706(f)(1) of Title VII, 42 U.S.C. § 2000e-5(f)(1).

OTHER PROVISIONS

34. Nothing in this Agreement precludes the Attorney General from bringing any action under any statute or regulation against the City under factual circumstances other than those of EEOC charge no. _____.

35. A signatory to this document in a representative capacity for either party represents that he or she is authorized to bind that party to this Agreement.

36. Failure of the United States to enforce this entire Agreement or any provision thereof with regard to any provision herein shall not be construed as a waiver of its right to do so with regard to other provisions of this Agreement.

37. This Agreement is a public document and constitutes the entire agreement between the parties on the matters raised herein. No other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained or referenced in this written Agreement, shall be enforceable. Copies of this Agreement shall be made available to any person by either party upon request to that party.

Agreed and Consented To:

On behalf of the United
States of America:

RALPH F. BOYD, JR.
Assistant Attorney General

________________Date________ ________________Date________

WILLIAM B. FENTON
ELAINE GRANT
Attorneys
U. S. Department of Justice
Civil Rights Division
Employment Litigation Section
P.O. Box 65968
Washington, D.C. 20035-5968
(202) 305-8686 On behalf of the City of _____:
APPENDIX A

NOTICE OF SETTLEMENT AGREEMENT
The United States has alleged that the City of _____, _____("City") violated Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. ("Title VII") by discriminating against a former Sanitation Department employee on the basis of that employee's religion. The United States has alleged that the City failed or refused reasonably to accommodate the employee's religious observance, practice and/or belief, and retaliated against that employee for informing the City of his need for accommodation and/or opposing the City's failure or refusal to accommodate him. The City has denied the allegations of discrimination.

This notice is being posted to announce that the United States and the City have entered into a Settlement Agreement regarding this matter.

Under the terms of the Settlement Agreement, the City has agreed to do the following:

1. To not engage in any act or practice that has the purpose or effect of unlawfully discriminating against any employee or potential employee in the Sanitation Department because of that individual's religion including, but not limited to, failing or refusing reasonably to accommodate an employee's good faith religious observance, practice and/or belief.

2. To not retaliate against or in any respect adversely affect any person in a manner prohibited by § 704(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-3(a) or because of that person's participation in or cooperation with the initiation, investigation, litigation or administration of the Settlement Agreement.

3. To use nondiscriminatory employment policies designed reasonably to accommodate the good faith religious observances, practices and beliefs of employees in the City's Sanitation Department and designed to prohibit retaliation in violation of § 704(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-3(a).

4. To have training for supervisory personnel with respect to Title VII's prohibition against employment discrimination based on religion and retaliation. This training will be conducted by a representative or representatives of the Employment Litigation Section of the Civil Rights Division of the United States Department of Justice or a designee.

5. To offer specific relief to the individual who was subjected to the alleged discrimination.

6. To retain all records that come into its possession relating to complaints or charges of employment discrimination based on religion or retaliation that may be filed against the City, its Sanitation Department, or an employee, agent or representative of the City and pertaining to an employee or applicant for employment to the Sanitation Department: (a) through the City's internal grievance procedure; (b) with the United States Equal Employment Opportunity Commission; or (c) through or with any other federal, state or local agency authorized to receive such complaints.

If any employee in the City's Sanitation Department believes that he or she has been discriminated against in violation of Title VII, the employee should contact the U.S. Equal Employment Opportunity Commission ("EEOC") and/or the _____ about filing a charge of discrimination.

The EEOC's address is:

If any employee believes that any term(s) of the Settlement Agreement has (have) been violated, the employee should contact the following Department of Justice attorney:

Elaine Grant
U.S. Department of Justice
Civil Rights Division
Employment Litigation Section
P.O. Box 65968
Washington, D.C. 20035-5968

APPENDIX B
NOTICE LETTER
[Date]

Dear Mr. _____:

A Settlement Agreement has been reached between the United States and the City of _____ ("City") based on the charge of discrimination you filed with the U.S. Equal Employment Opportunity Commission.

Under the terms of the Settlement Agreement, you are being offered certain relief as settlement for your claim of employment discrimination against the City based on your EEOC charge.

First, as a monetary award, you are being offered $52,806.38, which includes back pay and accumulated interest resulting from your termination in or about _____.

Second, as a separate monetary award, you are being offered $7,500.00 in compensatory damages.

Third, you are being offered reinstatement in the position of _____ in the Sanitation Department of the City of _____ with a remedial seniority date for all purposes of _____ (the date you were hired by the City) as an employee of the City and _____ as a _____ (the date you were promoted to that position). If you accept the offer of employment, the City will allow you to resume employment as a _____ by a date no later than 60 days after the effective date of the Agreement, i.e., no later than _____. If you elect to accept the City's offer of employment, the City will contribute its full share to any deferred compensation plan you would have been in had you had been employed as a _____ by the City for the period of time between _____, and such time as you begin working again in a _____ position with the Sanitation Department. Your monetary award will not be reduced by the City's deferred compensation plan payments; however, any contribution you would have made to a deferred compensation plan during this period will be paid into the deferred compensation plan from your monetary award, if you elect to accept the City's job offer.

Fourth, the City is offering to remove from your personnel file all references pertaining to your termination. In order to accomplish this objective, the City will submit to the United States, within thirty (30) days from its receipt of your executed Release, a copy of your personnel file and copies of any and all other relevant files and documents pertaining to you. Upon identification by the United States of the appropriate documents, the City will remove such documents from its records and files

Fifth, the City is also offering to provide to you and include in your personnel file and all other files relating to your termination a copy of the Settlement Agreement.

Sixth, the City will accommodate your request, made in writing, to attend weekly Bible study on _____ evenings. You need only submit one written request, and this request will thereafter be accommodated.

This relief is being offered to you on the following condition: if you accept the relief, the City of _____ will require you to release it from all legal and equitable claims arising out of and connected with your _____ termination, including employment discrimination claims you may presently have against it on the basis of your religion and/or retaliation arising out of _____. If you decline the relief, the City of _____ will nevertheless have satisfied its obligation to the United States pursuant to the Settlement Agreement and the United States will not seek additional relief on your behalf.

You do not have to accept the job opportunity relief in order to accept the monetary awards. However, in order to obtain the offered relief, or any part of it, you must complete and return the enclosed Release and Election form. The Release and Election form may be returned by mail or in person. If you return the Release and Election form in person, please bring your social security card or other identification with you. You will at that time be asked to sign the Release before a notary public. If you return the Release by mail, the Release must be signed in the presence of a notary public and thereafter notarized before you mail it. If you return the Release and Election form by mail, you should, after making copies for your own records, send them to:

If you accept the offered relief, the City of _____ will send you the appropriate monetary awards within fifteen (15) days of its receipt of your Release. The City will also send you a Form W-2, a Form 1099 or other appropriate forms with respect to these awards.

As set forth in Paragraph 33 of the Settlement Agreement, the United States will, within sixty (60) days after the effective date of the Agreement, issue to you a notice of your right to sue on EEOC charge no. _____. If, however, you accept any of the relief being offered you by the City of _____ pursuant to the Settlement Agreement, and so signify your acceptance by executing the enclosed Release and Election Form, you will thereby agree not to exercise your right to file suit on that charge.

IF YOU FAIL TO SUBMIT THE RELEASE AND ELECTION FORM, AS DIRECTED IN THIS LETTER, WITHIN THIRTY (30) DAYS FROM YOUR RECEIPT OF THIS LETTER, YOU WILL FORFEIT YOUR RIGHTS TO ANY MONETARY OR OTHER RELIEF UNDER THE SETTLEMENT AGREEMENT, UNLESS YOU CAN SHOW GOOD CAUSE, TO BE DETERMINED BY THE UNITED STATES, FOR YOUR FAILURE TO DO SO WITHIN A REASONABLE TIME THEREAFTER.

A copy of the Settlement Agreement is enclosed. If you have any questions concerning this settlement, you may contact Elaine Grant, attorney for the United States Department of Justice, at _____.

Sincerely,

___________________________

Enclosures

APPENDIX C
RELEASE
For and in consideration of the acceptance of the relief, or any part of it, offered to me by the City of _____ pursuant to the provisions of the Settlement Agreement between the United States and the City of _____, I, _____, hereby release and forever discharge the City of _____, its current and future officials, employees and agents, of and from all legal and equitable claims arising out of and connected with my _____ termination, including claimsof employment discrimination based on religion or retaliation arising out of EEOC Charge No. _____. I further agree that I will not exercise my right to institute against the City of _____ any civil action alleging employment discrimination on the basis of EEOC charge no. _____ or any of the facts alleged therein.

I understand that the relief to be given to me in consideration for this Release does not constitute an admission by the City of _____ of the validity of any claim raised by me or on my behalf.

This Release constitutes the entire agreement between _____ and me, without exception or exclusion.

I acknowledge that a copy of the Settlement Agreement between the United States and the _____ resolving this matter between them has been made available to me.

I HAVE READ THIS RELEASE AND UNDERSTAND THE CONTENTS THEREOF AND I EXECUTE THIS RELEASE OF MY OWN FREE ACT AND DEED.

Date: _________________ __________________________________

Social Security Number ______ - _____ - _______

Subscribed and sworn to before me this ___ day of ________, 200_.

_________________________________

Notary Public

My commission expires: _________

ELECTION FORM

Please complete by checking the appropriate response to each of the following:

A. Monetary Awards

_____ I hereby accept the monetary awards totaling $60,306.38 contained in the Settlement Agreement between the United States and the City of _____.

B. Job Offer Award

_____ I hereby accept the offer of a _____ position with the City of _____ in its Sanitation Department contained in the Settlement Agreement between the United States and the City of _____.

_____ I decline the job offer award.

Date______________________ Signature: ________________________

Social Security Number: __________________

TO RECEIVE EITHER AWARD, YOU MUST ALSO COMPLETE AND RETURN THE ENCLOSED RELEASE. FAILURE TO RETURN BOTH FORMS WITHIN THIRTY (30) DAYS MAY RESULT IN YOUR FORFEITURE OF THE AWARDS UNLESS GOOD CAUSE IS SHOWN FOR YOUR FAILURE TO DO SO.

RETURN THE COMPLETED FORMS IN THE ENCLOSED ENVELOPE ADDRESSED TO: