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Equal Employment Opportunity Commission v. Elks BPOE

July 19, 2010

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PLAINTIFF, AND VICKI L. VICKERS, ELIZABETH STEMM AND JACKIE DAVIDSON PLAINTIFF-INTERVENORS,
v.
ELKS BPOE, JERSEYVILLE, ILLINOIS LODGE NO. 954, DEFENDANT.



The opinion of the court was delivered by: David R. Herndon United States District Judge

CONSENT DECREE

Plaintiff Equal Employment Opportunity Commission (hereinafter the "Commission") has instituted this action alleging that the Elks BPOE, Jerseyville, Illinois, Lodge No. 954 (Elks Lodge 954) subjected Vickie Vickers, Elizabeth Stemm and Jackie Davidson (formerly Jackie Atteberry) to sexually harassing conduct and discrimination in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a). Vickers, Stemm and Davidson have intervened in the lawsuit filed by Plaintiff pursuant to 42 U.S.C. § 2000e-5(f)(1).

Elks Lodge 954 has contested the allegations in this action made by the Commission and/or the above-stated interveners and asserted among other defenses that it is not an employer under Title VII.

For purposes of settlement and compromise only, the parties have advised the Court that they wish to resolve the instant controversy without the expense, delay, and burden of further litigation;

THEREFORE, it is the finding of this Court, made on the pleadings and on the record as a whole and upon agreement of the parties, that: (i) this Court has jurisdiction over the parties to and the subject matter of this action, (ii) the requirements of the Title VII will be carried out by the implementation of this Decree, (iii) this Decree is intended to and does resolve all matters in controversy in this lawsuit among the parties, and (iv) the terms of this Decree constitute a fair and equitable settlement of all issues in this lawsuit.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows:

I. General Provisions

1. This Decree, being entered with the consent of the parties for purposes of settlement, shall not constitute adjudication on the merits of this lawsuit and shall not be construed as an admission by Defendant of any violation of Title VII or that Defendant is an employer as defined by Title VII.

2. Defendant shall not discriminate against its employees with respect to hiring, promotion, firing, compensation, or other terms, conditions or privileges of employment on the basis of sex.

3. Defendant shall not discriminate or retaliate against any person because he or she:

(a) has opposed any practices alleged in this lawsuit as unlawful under Title VII;

(b) has participated in any investigation by the Commission connected with or leading up to this lawsuit;

(c) has participated in this lawsuit; or (d) has benefited or will benefit in any way as a ...


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