The opinion of the court was delivered by: Michael J. Reagan United States District Judge
Plaintiff Equal Employment Opportunity Commission ("EEOC") instituted this action alleging that Tony's Lounge, Inc., and Italia Bakehouse and Bistro, LLC, ("Defendants") subjected Kristie Comer, Katie Hofgren, Laura Ford, and other female employees to sexual harassment by Michael Ventimiglia, Vice President of Defendant Tony's Lounge, while they were employed by defendants, in violation of Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 ("Title VII"). Comer has intervened in the lawsuit alleging Tony's and Italia Bakehouse violated Title VII by the sexual harassment of Comer by Michael Ventimiglia.
For purposes of settlement and compromise only, and with no admission of liability by Defendants, the EEOC, Comer, and Defendants have advised the Court 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 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 or directly related to 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:
1. Defendants shall not discriminate against any employee by subjecting such employee to sex discrimination or retaliation at any site of business owned and/or operated by Defendant Tony's and/or Defendant Italia Bakehouse.
2. Defendants 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 conducted under Title VII 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 result of this Consent Decree.
II. Relief for Charging Party
3. By November 15, 2010, Defendants shall place in the U.S. Mail for delivery by certified mail to Sowers and Wolf, 530 Maryville Centre Drive, Suite 460, St. Louis, Missouri 63141, a check in the amount of Seventy Thousand Dollars ($70,000.00) made payable to "Kristie Comer and Sowers & Wolf, LLC." Defendants shall include with this amount a completed 1099 for compensatory damages, reflecting in box 3, "other income," that payment is for compensatory damages.
III. Relief for Other Female Employees
4. By November 15, 2010, Defendants shall place in the U.S. Mail for deliver by certified mail to Katie Hofgren at her home address a check made payable to her in the amount of $2,500, as and for compensatory damages. Defendants shall include with the delivery of this check a completed 1099 for the compensatory damages amount.
5. By November 15, 2010, Defendants shall place in the U.S. Mail for delivery by certified mail to Laura Ford at her home address a check made payable to her in the amount of $2,500, as and for compensatory damages. Defendants shall include with the delivery ...