U.S. Equal Employment Opportunity Commission v. Armed Forces Services Corporation, No. 3:2022cv00999 - Document 6 (S.D. Cal. 2022)

Court Description: Consent Decree and Order Granting 5 Joint Motion to Approve Consent Decree. Signed by Judge Cynthia Bashant on 7/12/2022. (ave)

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U.S. Equal Employment Opportunity Commission v. Armed Forces Services Corporation Doc. 6 1 2 3 4 5 6 7 8 9 10 B AKER & H OSTE TLER LLP A TTORNEYS AT L AW L OS A NGELE S 11 12 UNITED STATES DISTRICT COURT 13 SOUTHERN DISTRICT OF CALIFORNIA 14 15 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, 16 19 20 CONSENT DECREE AND ORDER GRANTING JOINT MOTION TO APPROVE CONSENT DECREE (ECF No. 5) Plaintiff, 17 18 Case No.: 22-cv-999-BAS-BGS v. ARMED FORCES SERVICES CORPORATION dba MAGELLAN FEDERAL, 21 Defendant. 22 CONSENT DECREE 23 24 I. INTRODUCTION 25 Plaintiff United States Equal Employment Opportunity Commission 26 (“EEOC” or “Commission”), Armed Forces Services, Corporation dba Magellan 27 Federal (“Defendant” or “Company”) hereby stipulate and agree to the entry of this 28 Consent Decree (“Decree”) to resolve Plaintiff’s complaint against Defendant in -122-cv-999 Dockets.Justia.com 1 U.S. Equal Employment Opportunity Commission v. Armed Forces Services, 2 Corporation dba Magellan Federal, Case No. 22-cv-999-BAS-BGS. Defendant is 3 currently a wholly owned subsidiary of Magellan Healthcare, Inc., which is a 4 wholly owned subsidiary of Magellan Health, Inc. On July 8, 2022, the EEOC filed 5 this action in the United States District Court for the Southern District of California 6 for violations of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 7 2000e et seq. (“Title VII”). The action alleges that Defendant violated Title VII by 8 unlawfully subjecting Charging Party to hostile work environment based on sex 9 (female) and retaliation. By entering into this Decree, Defendant does not admit to any wrongdoing B AKER & H OSTE TLER LLP A TTORNEYS AT L AW L OS A NGELE S 10 11 and denies any liability. 12 II. 13 PURPOSE AND SCOPE OF THE DECREE A. The Parties agree that the action against Defendant should be fully and 14 completely resolved by entry of the Consent Decree. This Decree shall be binding 15 and enforceable against Defendant and its officers, directors, agents, successors, 16 and assigns. Unless otherwise noted, the scope of this decree is Company-wide for 17 Defendant. 18 B. The Parties enter into this Decree for the following purposes: 19 1. To provide appropriate monetary and injunctive relief; 20 2. To ensure that Defendant’s employment practices comply with federal law; 21 22 3. harassment, and retaliation; 23 24 To ensure a work environment free from discrimination, 4. To ensure that Defendant establishes and maintains policies, 25 procedures, and practices to prevent and correct discrimination, 26 harassment, and retaliation; 27 28 -222-cv-999 5. 1 2 mechanism for handling complaints of harassment and 3 retaliation; 6. 4 To ensure training for Defendant’s employees, managers, 5 supervisors, human resources personnel as well as their officers 6 with respect to the pertinent laws regarding harassment, 7 discrimination, and retaliation; and 7. 8 10 III. This Decree fully and completely resolves all issues, claims, and allegations raised by the EEOC against Defendant in this action. B. 13 14 RELEASE OF CLAIMS A. 11 12 To ensure compliance with Title VII by implementing effective record-keeping, reporting, and monitoring procedures. 9 B AKER & H OSTE TLER LLP A TTORNEYS AT L AW L OS A NGELE S To ensure that Defendant provides an appropriate and effective Nothing is this Decree shall be construed to preclude the EEOC from bringing suit to enforce this Decree. C. 15 Nothing in this Decree shall be construed to limit or reduce 16 Defendant’s obligation to comply fully with Title VII or any other federal 17 employment statute. D. 18 This Decree in no way affects the EEOC’s right to bring, process, 19 investigate, or litigate other charges that may be in existence or may later arise 20 against Defendant in accordance with standard EEOC procedures. This Decree shall 21 in no way hinder or affect an individual’s right to file a charge with the EEOC or 22 applicable state agency, participate in a federal or state investigation, or the 23 EEOC’s investigation and determinations into such charges. 24 IV. 25 JURISDICTION A. This Court has jurisdiction over the Parties and the subject matter of 26 this action. This action asserts claims that, if proven, would authorize the Court to 27 grant the relief set forth in this Decree. 28 B. The terms and provisions of this Decree are fair, reasonable, and just. -322-cv-999 C. 1 2 Title VII and is not in derogation of the rights or privileges of any person. D. 3 The Court shall retain jurisdiction of this action for the duration of the 4 Decree for the purposes of entering any order, judgment, or decree that may be 5 necessary to implement the relief provided herein. 6 V. EFFECTIVE DATE AND DURATION OF DECREE A. 7 The provisions and agreements contained herein are effective 8 immediately upon the date in which this Decree is entered by the Court (“the 9 Effective Date”). B. 10 B AKER & H OSTE TLER LLP A TTORNEYS AT L AW L OS A NGELE S This Decree conforms with the Federal Rules of Civil Procedure and Except as otherwise provided herein, this Decree shall remain in effect 11 for two (2) years after the Effective Date. 12 VI. 13 MODIFICATION AND SEVERABILITY A. This Decree constitutes the complete understanding of the Parties with 14 respect to the matters contained herein. No waiver, modification, or amendment of 15 any provision of this Decree will be effective unless made in writing and signed by 16 an authorized representative of each of the Parties. 17 B. If one or more of the provisions of the Decree are rendered unlawful or 18 unenforceable, the Parties shall make good faith efforts to agree upon appropriate 19 amendments to this Decree in order to effectuate the purposes of the Decree. In any 20 event, the remaining provisions will remain in full force and effect unless the 21 purposes of the Decree cannot, despite the Parties’ best efforts, be achieved. 22 VII. COMPLIANCE AND RESOLUTION 23 A. The Parties agree that if the EEOC has reason to believe that 24 Defendant has failed to comply with any provision of this Decree, the EEOC may 25 bring an action before this Court to enforce the Decree. Prior to initiating such 26 action, the EEOC will notify Defendant and its legal counsel of record, in writing, 27 of the nature of the dispute. This notice shall specify the provisions that the EEOC 28 believes the Defendant has breached. Defendant shall have twenty (20) days to -422-cv-999 1 attempt to resolve or cure the breach. However, the Parties may agree to extend this 2 period upon mutual consent. 3 After thirty (30) days, inclusive of the twenty (20) days to resolve or 4 cure the breach referenced in Section VII.A, have passed with no resolution or 5 agreement to extend time further, the EEOC may petition this Court for resolution 6 of the dispute. The EEOC may seek all available relief, including an extension of 7 the term of the Decree, an award of costs and any attorneys’ fees incurred by the 8 EEOC in securing compliance with the Decree, and/or any other relief that the 9 Court may deem appropriate. 10 B AKER & H OSTE TLER LLP A TTORNEYS AT L AW L OS A NGELE S B. C. In the event of Defendant’s failure to pay Charging Party, the EEOC 11 may petition the Court for resolution of the dispute without adhering to provisions 12 in Section VII.B. The EEOC shall provide Defendant with ten (10) business days to 13 resolve the non-compliance before seeking Court action. 14 VIII. MONETARY RELIEF 15 A. Within thirty (30) days of the Effective Date of this Decree, 16 Defendant shall pay a total of $60,000.00 (“Total Settlement Amount”) in monetary 17 relief to the Charging Party to settle this Action. All of the monies shall be 18 designated as non-wage compensation for compensatory damages and no tax 19 withholdings shall be made. Defendant shall prepare and distribute IRS Form 1099 20 or equivalent tax reporting forms to the Charging Party. Defendant shall make all 21 appropriate reports to the Internal Revenue Service and other tax authorities. 22 Defendant shall be solely responsible for any costs associated with the issuance and 23 distribution of a 1099 tax reporting form to Charging Party. 24 B. Within three (3) business days of mailing the aforementioned payment, 25 Defendant shall submit a copy of the check and any related correspondence 26 regarding the mailing of the check to Anna Y. Park, Regional Attorney, U.S. Equal 27 Employment Opportunity Commission, 255 East Temple Street, 4th Floor, Los 28 Angeles, California 90012 or via electronic mail at anna.park@eeoc.gov. -522-cv-999 1 GENERAL INJUNCTIVE RELIEF 2 A. 3 Defendant, its officers, agents, management (including all supervisory and 4 lead employees), human resources personnel, successors, assigns, and all those in 5 active concert or participation with them, or any of them, are hereby enjoined from: 6 1) engaging in unwanted verbal or physical conduct of a sexual nature towards any 7 person(s); 2) engaging or being party to any action, policy, or practice that 8 discriminates and/or creates a hostile or abusive work environment on the basis of 9 sex; and 3) creating, facilitating, or permitting the existence of a work environment 10 B AKER & H OSTE TLER LLP A TTORNEYS AT L AW L OS A NGELE S IX. Anti-Discrimination that is hostile to employees on the basis of sex. 11 B. Anti-Retaliation 12 Defendant, its officers, agents, management (including all supervisory and 13 lead employees), human resources personnel, successors, assigns, and all those in 14 active concert or participation with them, or any of them, are hereby enjoined from 15 engaging in, implementing, or permitting any action, policy, or practice that 16 adversely affects and/or creates a hostile or abusive work environment towards any 17 current or former employee because he/she has in the past, or during the term of 18 this Decree: 19 1. opposed any practice made unlawful under Title VII; 20 2. filed a charge of discrimination alleging such practice; 21 3. testified or participated in any manner in any internal or external 22 investigation or proceeding in connection with this action or relating to 23 any claim of a Title VII violation; 24 4. was identified as a possible witness or claimant in this action; 25 5. asserted any rights under this Decree; 26 6. sought and/or received any relief in accordance with this Decree; or 27 7. was associated with an employee who has engaged in activities set 28 forth in this Decree. -622-cv-999 1 2 SPECIFIC INJUNCTIVE RELIEF A. In the event Defendant receives a request for an employment reference 3 or an inquiry via the Work Number for Charging Party, the job reference shall be 4 limited to verifying whether Charging Party was employed by Defendant, Charging 5 Party’s last position held, and the duration of her the employment with Defendant. 6 B. 7 Within ninety (90) days of the Effective Date, Defendant shall, to the extent 8 necessary for complying with this Decree, review, revise, and implement its 9 Company-wide policies and procedures regarding employment discrimination 10 11 B AKER & H OSTE TLER LLP A TTORNEYS AT L AW L OS A NGELE S X. Policies and Procedures prohibited by Title VII (the “Policy”). The Policy shall include: 1. A clear explanation of prohibited conduct under the Policy, 12 including examples of unlawful discrimination, harassment, 13 and/or a hostile work environment on the basis of sex and 14 retaliation; 15 2. below in Section X.C; 16 17 A complete copy of the internal complaint procedure described 3. Assurance that Defendant will take prompt corrective action 18 when discrimination, harassment, and/or retaliation has been 19 substantiated; 20 4. Assurance that Defendant shall hold all employees, including 21 supervisors and managers, accountable for engaging in conduct 22 prohibited under this Decree; 23 5. A statement regarding Defendant’s commitment to hold 24 managerial employees accountable for failing to take adequate 25 remedial action to address unlawful discrimination, harassment, 26 or retaliation; and 27 28 6. A statement regarding Defendant’s commitment to a workplace free of sexual harassment and retaliation. -722-cv-999 1 C. 2 The internal complaint procedure in the revised Policy shall clearly state: 3 1. An employee who believes that he or she has been subjected to 4 discrimination, harassment, or retaliation may file an internal 5 complaint using Defendant’s internal complaint procedure, 6 including but not limited to Defendant’s Virtual Employee 7 Resource Network (VERN), an internal web-based Human 8 Resources service system, and/or may file an external complaint 9 to any appropriate person or agency, or both; 10 B AKER & H OSTE TLER LLP A TTORNEYS AT L AW L OS A NGELE S Complaint Procedure 2. An employee may initiate an internal complaint verbally or in 11 writing to any appropriate person, and no special form is 12 required; 13 3. Defendant shall not tolerate retaliation against any employee for 14 using any internal or external complaint procedure or for 15 participating in an investigation into any complaint; 16 4. The internal complaint procedure does not replace the right of 17 any employee to file a charge or complaint of discrimination, 18 harassment or retaliation under any available municipal, state, or 19 federal law; and 20 5. If an allegation of discrimination or retaliation against any 21 employee is substantiated, then such conduct will result in 22 appropriate discipline, up to and including discharge. 23 6. The internal complaint procedure shall clearly state Defendant’s 24 responsibilities, including: 25 a. and investigation to the fullest extent possible; 26 27 28 maintaining confidentiality of the complaint, complainant, b. taking every reasonable step to promptly resolve the complaint; -822-cv-999 c. 1 commencing a thorough and impartial 2 investigation by a person qualified and/or trained to 3 conduct such investigations; d. 4 interviewing all witnesses identified by the complainant 5 that are reasonably necessary to effectuate a thorough and 6 impartial investigation of the complaint; e. 7 gathering and reviewing all documentary evidence obtained during the investigation; 8 f. 9 B AKER & H OSTE TLER LLP A TTORNEYS AT L AW L OS A NGELE S promptly providing the complainant a reasonable opportunity to 10 rebut in writing any adverse tentative findings, except in 11 those circumstances in which it is necessary to take 12 immediate action; g. 13 communicating in writing with the complainant within a 14 reasonable period of time regarding the status of the 15 complaint, investigation, results of the investigation and 16 any remedial action taken, consistent with the privacy 17 interests of other employees; and h. 18 tracking and maintaining written records of 19 investigations, findings, conclusions, and any remedial 20 actions taken. 21 7. For each complainant, Defendant shall confidentially follow-up 22 within a reasonable time period after final resolution to ensure 23 that further remedial action is not necessary, and the harassment 24 and/or retaliation has been fully remedied. If necessary, 25 Defendant shall investigate any allegations of further harassment 26 and and/or retaliation. 27 28 8. The internal complaint procedure shall NOT require the complainant to: -922-cv-999 1 a. confront his or her harasser; 2 b. file an internal complaint instead of an external complaint; or 3 c. 4 complaint. 5 9. 6 B AKER & H OSTE TLER LLP A TTORNEYS AT L AW L OS A NGELE S initiate the complaint process only by submitting a written The complaint procedure shall include instructions for 7 employees to submit complaints through Defendant’s VERN 8 platform, and a provision confirming Defendant’s open-door 9 policy where managers and/or supervisors will be easily 10 accessible to employees who wish to complain. Defendant shall 11 track all complaints submitted under this complaint procedure 12 and retain records relating to any investigation, resolution, 13 and/or remedial action, if any. 14 D. 15 Within one-hundred and twenty (120) days of the Effective Date, Defendant 16 shall notify and/or post the revised Policy on its intranet to all employees and newly 17 hired employees. The revised Policy shall be in one or more language(s) understood 18 by all current and/or newly hired employees. 19 20 E. Distribution of Revised Policy and Complaint Procedure Centralized Tracking of Complaints 1. Within one-hundred and twenty (120) days of the Effective 21 Date, Defendant shall create and maintain a centralized tracking 22 system for harassment and retaliation complaints from 23 California-based employees submitted during the duration of 24 this Decree. This includes complaints submitted through 25 Defendant’s web-based internal complaint procedure (VERN) 26 and/or internal complaint procedure in Section X.C. These 27 records shall include a complaint log with the following 28 information: - 10 22-cv-999 a. 1 discrimination; 2 3 b. the date(s) and nature of the complaint; 4 c. a description of the alleged discriminatory events and the dates the events took place; 5 d. 6 the names and job title of the alleged perpetrators of 7 discrimination, including whether the alleged perpetrator 8 has been the subject of any previous complaints of 9 harassment or discrimination (a repeat offender); e. 10 B AKER & H OSTE TLER LLP A TTORNEYS AT L AW L OS A NGELE S the names and job title of the individuals alleging if the alleged perpetrator(s) has been the subject of any 11 prior complaints, provide the outcome of any prior 12 investigation(s) or status of any ongoing investigation; f. 13 the names and job title(s) of the supervisor, manager, or 14 human resources personnel who conducted the 15 investigation and/or made a determination regarding the 16 complaint; g. 17 a description of the supervisor’s, manager’s, or human 18 resources personnel’s actions during the course of 19 investigation into the complaint; h. 20 a summary of the investigation and subsequent determination and findings regarding the complaint; and 21 i. 22 a summary describing any remedial action taken, results 23 of any remedial action, and dates of those actions, if any, 24 in response to the complaint. 25 2. Within ten (10) business days of the EEOC’s written request, 26 Defendant shall make all records, documents, and complaint 27 log(s) generated under this section available for the EEOC’s 28 inspection. - 11 22-cv-999 1 F. 2 Within ten (10) days of the Effective Date and for the entire duration of the 3 Decree, Defendant shall post the Notice of Consent Decree (Exhibit A) on its 4 intranet such that it is accessible to all California employees. The notice shall 5 remain posted for the entire duration of the Decree. 6 B AKER & H OSTE TLER LLP A TTORNEYS AT L AW L OS A NGELE S 7 G. Posting of Notice Harassment Prevention Training 1. Non-Managerial Employees 8 Within one-hundred and eighty (180) days of the Effective Date and annually 9 thereafter, Defendant shall provide interactive training of at least two (2) hours in 10 duration to all non-management employees in California. The training may be 11 conducted online/remotely, but shall have an interactive component and be 12 conducted in a language the employee(s) understands. The training shall cover 13 Defendant’s Policy and complaint procedure outlined in Sections X.B and X.C, and 14 federal anti-discrimination laws with a particular emphasis on what constitutes 15 sexual harassment and retaliation under Title VII. The training will also include 16 components on the prevention of “abusive conduct,” harassment based on gender 17 identity, gender expression, and sexual orientation. 18 For newly hired non-managerial employees who missed the annual training, 19 Defendant shall provide them with interactive training of at least one (1) hour 20 duration within sixty (60) days of the hire date. The training shall be in a language 21 the employee understands and shall cover the same topics from the prior annual 22 training as stated above. 23 2. Managers, Supervisors, and Human Resources Personnel 24 Within one hundred and eighty (180) days of the Effective Date and annually 25 thereafter, Defendant shall provide interactive training of at least two (2) hours in 26 duration to all corporate human resources personnel, managers, and supervisors 27 who oversee employees within California. This training shall have an interactive 28 component and be conducted in a language the employee(s) understands. - 12 22-cv-999 1 The training shall cover Defendant’s Policy and complaint procedure 2 outlined in Sections X.B and X.C, the federal anti-discrimination laws with a 3 particular emphasis on what constitutes sexual harassment and retaliation under 4 Title VII, Defendant’s obligations and responsibilities under Title VII, and the 5 procedures and steps managers and supervisors should take in handling and 6 responding to incidents of harassment and/or retaliation of which they become 7 aware. To the extent these individuals are responsible for conducting investigations 8 into harassment complaints, these individuals shall also be trained to: a. 9 impartial manner; 10 b. 11 B AKER & H OSTE TLER LLP A TTORNEYS AT L AW L OS A NGELE S initiate and properly conduct adequate investigations in an understand and take the necessary proper steps for an investigation; 12 13 c. take prompt and effective remedial action; and 14 d. track complaints and the results of an investigation. 15 For newly hired managerial, supervisory, or human resources personnel who 16 missed the annual scheduled training, Defendant shall provide them with training of 17 at least two (2) hours in duration within ninety (90) days of their hire date. The 18 training shall cover the same topics from the prior annual training for managers as 19 stated above. 20 21 22 23 24 25 26 27 28 - 13 22-cv-999 3. B AKER & H OSTE TLER LLP A TTORNEYS AT L AW L OS A NGELE S 1 Attendance of Training 2 All employees, supervisors, managers, and human resources personnel who 3 are required to attend training sessions under this Decree shall acknowledge their 4 attendance in writing. Due to the Covid-19 pandemic, the interactive training 5 sessions under this Decree may be conducted remotely and/or online. 6 The EEOC shall have the right to attend training sessions and review training 7 materials under this Decree. In the event training sessions are being conducted 8 online and/or remotely, the EEOC shall have access to these training sessions and 9 review the online training materials. Within sixty (60) days prior to the occurrence 10 of any training session, Defendant shall a) notify the EEOC in writing the date, 11 time, facility address, and/or internet address (web link) for attending the scheduled 12 session, and b) submit all the training materials for the EEOC’s review. Defendant 13 shall work with the EEOC to effectuate any modifications proposed by the EEOC 14 to the training materials. 15 H. 16 Within sixty (60) days of the Effective Date, Defendant shall establish a 17 record-keeping procedure that provides for the maintenance of all records necessary 18 to demonstrate its compliance with this Decree, including but not limited to the 19 documents specifically identified below, and to verify that the reports submitted are 20 accurate. The records to be maintained shall include: 21 Record-Keeping 1. Decree; 22 23 All documents relating to Defendant’s compliance with the 2. All documents, call logs, and records relating to discrimination 24 Complaints made by employees through Defendant’s internal 25 complaint procedure and/or VERN as referenced in Section 26 X.C. 27 28 - 14 22-cv-999 3. 1 2 connection with the centralized tracking of discrimination 3 complaints referenced in Section X.E. 4. 4 All documents, records, notes, written communications, and 5 letters generated in response to all sexual harassment 6 complaints, subsequent investigation, findings, determination(s), 7 monitoring, and action taken in response to the complaint. 5. 8 B AKER & H OSTE TLER LLP A TTORNEYS AT L AW L OS A NGELE S All complaint logs and related documents generated in All attendance records such as hand-written and electronic 9 signature sheets verifying the occurrence of all training sessions, 10 including the names and job titles of all attendees for each 11 session as required under Section X.G. 12 13 14 15 16 I. Reporting 1. Reports Within ten (10) and twenty (20) months after the Effective Date, Defendant shall submit to the EEOC a reports containing: a. procedures; 17 18 a final copy of Defendant’s revised Policy and complaint b. a summary review of the procedures and record-keeping 19 methods for tracking employee reports and/or complaints 20 made to Defendant since the Effective Date; 21 c. a complete complaint log describing all prior sexual 22 harassment and/or retaliation complaints submitted by 23 California-based employees to Defendant since the 24 Effective Date, including all the related information 25 described in Section X.E.(Centralized Tracking and 26 Monitoring); 27 28 d. the attendance lists of all attendees for all training sessions that have occurred since the Effective Date; - 15 22-cv-999 1 e. 2 continues to be posted on Defendant’s intranet and available to 3 all employees and/or newly hired employees; 4 f. acknowledgement that all employees and/or newly hired 5 employees have been notified of Defendant’s Policy and internal 6 complaint procedure since the Effective Date; 7 g. 9 verification that the Notice of Consent Decree has been posted on Defendant’s intranet page; and 8 B AKER & H OSTE TLER LLP A TTORNEYS AT L AW L OS A NGELE S verification that Defendant’s Policy and complaint procedure h. verification that all employees have been notified of VERN’s 10 availability for submitting discrimination, harassment and 11 retaliation complaints. 12 13 14 15 2. Exit Report Defendant shall submit to the EEOC an exit report due no later than fortyfive (45) days prior to the expiration of the Decree. This report shall contain: a. a copy of Defendant’s current Policy and complaint 16 procedure, if any revised policies or procedures were 17 implemented since the last report; 18 b. if applicable, a summary providing the reasons for any 19 revision to Defendant’s policies and procedures regarding 20 harassment and retaliation since the last report; 21 c. updates to the complaint log describing all prior sexual 22 harassment and/or retaliation complaints submitted by 23 California-based employees to Defendant since the last 24 report to the EEOC, including all the related information 25 described in Section X.E. (Centralized Tracking and 26 Monitoring); 27 28 - 16 22-cv-999 d. 1 2 under the Decree since the last report to the EEOC have 3 been trained; e. 4 verification that Defendant’s Policy and complaint 5 procedure continues to be posted on Defendant’s intranet 6 and available to all employees and/or newly hired 7 employees; f. 8 verification that all employees and/or newly hired employees have been notified of Defendant’s Policy and 9 complaint procedure since the last report to the EEOC; 10 g. 11 B AKER & H OSTE TLER LLP A TTORNEYS AT L AW L OS A NGELE S verification that any employees required to be trained verification that the Notice of Consent Decree continues to be posted on Defendant’s intranet page; and 12 h. 13 verification that all employees continue to be notified of 14 the availability of VERN for submitting discrimination, 15 harassment and retaliation complaints. 16 17 XI. MISCELLANEOUS PROVISIONS A. During the term of this Decree, Defendant shall provide any potential 18 successor-in-interest with a copy of this Decree within a reasonable time of not less 19 than thirty (30) days prior to the execution of any agreement for acquisition or 20 assumption of control of any or all of Defendant’s locations, or any other material 21 change in corporate structure. Defendant shall simultaneously inform the EEOC of 22 any such agreement for acquisition, assumption of control, or other material change 23 in corporate structure. 24 B. During the term of this Decree, Defendant shall assure that each of its 25 owners, officers, managers, supervisors, and human resources personnel are aware 26 of any term(s) of this Decree which may be related to his/her job duties. 27 28 C. Unless otherwise stated, all notices, reports and correspondence required under this Decree shall be delivered electronically to the attention of Anna - 17 22-cv-999 1 Y. Park, Regional Attorney, U.S. Equal Employment Opportunity Commission, E- 2 mail address: anna.park@eeoc.gov. 3 D. This Decree may be signed in counterparts. An original signature in 4 Adobe pdf. shall have the same force and effect as an original signature or copy 5 thereof. 6 XII. COSTS AND ATTORNEYS’ FEES 7 Defendant shall bear all costs associated with the administration and 8 implementation of their obligations under this Decree. Each party shall bear its 9 own costs of suit and attorneys’ fees. 10 B AKER & H OSTE TLER LLP A TTORNEYS AT L AW L OS A NGELE S 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 18 22-cv-999 1 2 All Parties, through the undersigned, respectfully apply for and consent to the entry of this Decree and Order. 3 4 Respectfully submitted, 5 6 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 7 8 9 Dated: July 8, 2022 By: 10 B AKER & H OSTE TLER LLP A TTORNEYS AT L AW L OS A NGELE S 11 S/ Anna Y. Park Anna Y. Park, Regional Attorney E-Mail: anna.park@eeoc.gov Attorney for Plaintiff EEOC 12 13 BAKER HOSTETLER, LLP 14 15 16 Dated: June 27, 2022 By: Shareef Farag, Esq. E-Mail: sfarag@bakerlaw.com Attorney for Defendant Armed Forces Services Corporation 17 18 19 20 21 22 23 24 25 26 27 28 - 19 - 22-cv-999 ORDER 1 2 The Court hereby finds that compliance with all provisions of the foregoing 3 Consent Decree is fair, adequate, and reasonable. 4 GRANTS the parties joint motion (ECF No. 5) and enters the foregoing Consent 5 Decree. The Court hereby retains continuing jurisdiction for the duration of the 6 Consent Decree, and the Clerk of Court is directed to close this case. 7 8 Accordingly, the Court IT IS SO ORDERED. DATED: July 12, 2022 9 10 B AKER & H OSTE TLER LLP A TTORNEYS AT L AW L OS A NGELE S 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 20 22-cv-999 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Los Angeles District Office 255 E. Temple Street, 4th Floor Los Angeles, CA 90012 Intake Information Group: (800) 669-4000 Intake Information Group TTY: (800) 669-6820 Los Angeles Direct Dial: (213) 785-3090 FAX (213) 894-1118 Website: www.eeoc.gov NOTICE OF CONSENT DECREE This Notice is being posted pursuant to a Consent Decree and Order entered by the Federal Court in the case of U.S. Equal Employment Opportunity Commission v. Armed Forces Services Corporation dba Magellan Federal, Civil Case No. 22-cv-999-BAS-BGS, settling a lawsuit filed by the United States Equal Employment Opportunity Commission (“EEOC”). The EEOC is a government agency that enforces federal anti-discrimination laws in the workplace. On July 8, 2022, the EEOC filed a lawsuit in the United States District Court against Armed Forces Services Corporation (“AFSC”), alleging that AFSC subjected female employee to sexual harassment and retaliation. Thereafter, AFSC settled the case by entering into a "Consent Decree" with the EEOC and paying monetary relief. Pursuant to the settlement, AFSC agreed to review and revise its equal employment policies and practices, revise its written complaint procedure, conduct an EEO audit, provide annual anti-discrimination training for employees and managers, post a notice of settlement, and undertake record-keeping and reporting to the EEOC, among other things. Federal anti-discrimination law prohibits harassment or discrimination against any employee or applicant for employment because of a person’s age, disability, race, sex, pregnancy, color, religion or national origin. AFSC is committed to complying with federal anti-discrimination laws in all respects, including preventing and remedying discrimination and harassment based on gender and/or pregnancy, and retaliation. AFSC will not tolerate harassment against employees on the basis of that person’s sex, pregnancy, race, national origin, color, religion, disability, and age, and prohibits retaliation against any employee who complains about discrimination, files a charge of discrimination, or participates, gives testimony, or assists in any investigation regarding discrimination. If you believe that you have been harassed or discriminated against because of your sex, pregnancy, national origin, age, race, color, religion, or disability, or retaliated against, you may seek assistance from: U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 555 W. Beech St., Suite 504 San Diego, CA. 92101 1-800-669-4000 Exhibit A

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