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Case 2:18-cv-13795-MOB-EAS ECF No. 11 filed 09/23/19 PageID.

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UNITED STATES DISTRICT COURT


EASTEN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY


COMMISSION,
Plaintiff, Case No. 2:18-cv-13795
Hon. Marianne O. Battani

v.

BELLE TIRE DISTRIBUTORS, INC.,


Defendant.

CONSENT DECREE
The Equal Employment Opportunity Commission (the

“Commission”) commenced this action on December 7, 2018, alleging

that Defendant Belle Tire Distributors, Inc. (“Defendant”) engaged in

discriminatory employment practices in violation of Title VII of the

Civil Rights Act of 1964 (“Title VII”) and Title I of the Civil Rights Act

of 1991 by subjecting Derrell Reid (“Reid”) to racial harassment and a

hostile work environment because he is African American, and

terminating Reid’s employment in retaliation for complaining about the

race harassment.
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The Commission and Defendant agree that this action should be

resolved by entry of this Consent Decree. This Consent Decree shall be

a final and binding settlement in full disposition of the claims arising

out of the Complaint filed by the Commission in Case No. 2:18-cv-

13795, on behalf of Reid. Defendant denies the Commission’s

allegations and denies liability, and nothing in this Agreement shall be

construed as an admission of wrongdoing or liability by Defendant.

The Court therefore finds that (i) The Court has jurisdiction over

the parties and the subject matter of this action, (ii) the purpose and

provisions of Title VII will be promoted and effectuated by the entry of

this Consent Decree, and (iii) this Consent Decree resolves the matters

in controversy as provided in the paragraphs below.

Therefore, it is hereby ORDERED, ADJUDGED, and DECREED:

NON-DISCRIMINATION AND NON-RETALIATION

1. Defendant and its officers, agents, employees, and successors are

enjoined from subjecting its employees to racial harassment.

2. Defendant shall not create or maintain a racially hostile work

environment.

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3. Defendant shall take prompt and appropriate remedial action in

response to any and all complaints of race harassment, racial slurs, or

any offensive conduct or remarks based on race. If a Store Manager ,

Senior Director of Retail Operations, Director of Retail Operations, or

Human Resources employee subjects and employee to, or participates in

race harassment, Defendant shall discipline that Store Manager, Senior

Director of Retail Operations, Director of Retail Operations, or Human

Resources employee.

4. Defendant shall discipline all Store Managers, Senior Director of

Retail Operations, Director of Retail Operations, and Human Resources

employees who fail to take prompt remedial action when presented with

a complaint of racial harassment.

5. Defendant is enjoined from retaliating against any person who

opposes a practice deemed unlawful under Title VII. Defendant is

enjoined from retaliating against any person who (i) complains about

such unlawful practice(s) to any Store Manager, Senior Director of

Retail Operations, Director of Retail Operations, or human resources

representative; (ii) files a charge; (iii) gives testimony; (iv) assists; or (v)

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participates in any manner in an investigation, proceeding, or hearing

related to Title VII.

6. Defendant shall continue to maintain written policies and

procedures that prohibit discrimination and harassment on the basis of

race, and which prohibit retaliation against an employee for

complaining about, reporting, or opposing such discrimination or

harassment (“Policies”). Defendant shall reissue a copy of its Policies to

all employees working in Defendant’s facilities in St. Clair and Macomb

counties within forty-five (45) days of the entry of this Decree. The

Policies must continue to prohibit: 1) employees from using racial slurs

or other offensive or derogatory statements about a person’s race; 2) all

harassing conduct, including, but not limited to, non-verbal conduct

which is physically threatening, humiliating, or interferes with an

employee’s ability to work. The Policies must continue to include

statements that encourage employees to report incidents of harassment

orally, in writing. Employees shall be allowed to make reports

anonymously. Defendant will continue to maintain its toll-free Human

Resources line 24-hours a day and calls to that line alleging racial

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discrimination and/or harassment will be returned by the morning of

the next business day.

7. A copy of the reissued Policies shall be mailed to Kenneth L. Bird,

c/o Miles L. Uhlar, Trial Attorney, EEOC, 477 Michigan Avenue, Room

865, Detroit, Michigan 48226, and shall also be sent via email to

monitoring-eeoc-indo@eeoc.gov.

MONETARY RELIEF

8. Defendant shall pay Reid the total sum of $55,000 within twenty-

one (21) days of the entry of this consent decree. Of this monetary

payment, $3,788.65 shall be considered back pay, and $51,211.35 shall

be considered compensatory damages. Defendant shall issue a W-2 for

the amount designated as back pay, less appropriate taxes and

withholdings, and a 1099-MISC for the remaining amount. Defendant

shall not deduct the amount of the employer’s share of any costs, taxes,

or social security payments required by law to be paid by Defendant.

Defendant shall not deduct any amount from the payment for

compensatory damages. Payment of the back pay and compensatory

damages shall be mailed to Derrell Reid at the address provided by

counsel for the Commission. A copy of each check shall be mailed to

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Kenneth L. Bird, c/o Miles L. Uhlar, Trial Attorney, EEOC, 477

Michigan Avenue, Room 865, Detroit, Michigan 48226, and shall also be

sent via email to monitoring-eeoc-indo@eeoc.gov.

TRAINING

9. Once a year for three (3) years from the effective date of this

Consent Decree, Defendant shall retain an outside consultant to provide

training on Title VII compliance, which is specifically geared toward

eliminating and preventing race discrimination and hostile work

environments based on race.

10. The training shall be mandatory for all Store Managers, Senior

Directors of Retail Operations, Directors of Retail Operations, and

Human Resources employees who are responsible for resolving

complaints about discrimination in Defendant’s Michigan facilities that

are located in St. Clair and Macomb counties. The Human Resources

employees who must attend training include, but are not limited to,

Defendant’s Vice President(s) of Human resources, Human Resources

managers, and Human Resource Generalists.

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11. The first training session shall be held within 100 days of (before

or after) the date this Consent Decree is entered by the Court. Each

subsequent training session shall occur on an annual basis thereafter.

12. Each training shall be conducted in a live-training session, and all

attendees shall register when they attend the session. The registry will

identify the date of training and all employees who took the training by

name, position or title. Defendant shall retain all training registries for

the duration of this Consent Decree.

13. Within 30 days following each training session (or within 30 days

from the entry of this Decree for trainings which have taken place

within the previous 90 days), Defendant shall submit a letter to the

Commission’s Regional Attorney that confirms the mandatory training

has taken place. Defendant shall also provide a copy of the training

materials that Defendant provided to the attendees, and the training

registry. The letter and training registry shall be mailed to Kenneth L.

Bird, c/o Miles L. Uhlar, Trial Attorney, EEOC, 477 Michigan Avenue,

Room 865, Detroit, Michigan 48226, and shall also be sent via email to

monitoring-eeoc-indo@eeoc.gov.

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NOTICE POSTING

14. Defendant shall post the Notice attached as Attachment A in a

conspicuous place where employees’ notices are posted in each of its

facilities in St. Clair and Macomb counties within ten (10) business

days of the entry of the Consent Decree. The Notice shall be posted

throughout the term of this Consent Decree. Written confirmation that

the Notice has been posted shall be mailed to Kenneth L. Bird, c/o Miles

L. Uhlar, Trial Attorney, EEOC, 477 Michigan Avenue, Room 865,

Detroit, Michigan 48226 and shall also be sent via email to monitoring-

eeoc-indo@eeoc.gov. Should the notice become defaced, marred, or

otherwise made unreadable, Defendant will post a readable copy of the

Notice as soon as practicable.

REPORTING

15. For the duration of this Decree, Defendant shall submit annual

reports to the Commission (“Compliance Reports”), which detail

Defendant’s compliance with this Consent Decree.

16. All Compliance Reports shall contain the following information for

employees in the counties of St. Clair or Macomb for the year preceding

the annual deadline for that report: (a) the name, home address, home
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telephone number and cell phone number of any employee who made

allegations, orally or in writing, about race discrimination; (b) the

nature of the complaint(s), including the location at which the alleged

discrimination occurred; (c) whether Defendant investigated the

complaint(s); (d) the corrective action taken, if any; (e) the names, titles,

phone numbers, and email address of Defendant’s employees who

investigated the complaint(s); (f) the results of the investigation(s); (g)

the number of employees at the facility who are the same race as the

employee(s) who made the complaint; and (h) the racial composition of

the personnel at the location where the complaint was made. The

Compliance Reports shall be due on the anniversary of the entry of the

Consent Decree in 2020, 2021 and 2022.

17. Defendant shall send all Compliance Reports via email to

monitoring-eeocindo@eeoc.gov.

DURATION

18. This Consent Decree shall remain in full force and effect for three

(3) years following entry by the Court.

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DISPUTE RESOLUTION AND COMPLIANCE

19. The Court shall retain jurisdiction and will have all available

equitable powers, including injunctive relief, to enforce this Consent

Decree. Upon motion of the EEOC, the Court may, in its discretion,

schedule a hearing to review Defendant’s compliance with this Consent

Decree. The parties shall engage in a good-faith effort to resolve any

dispute as to compliance prior to seeking review by the Court. If the

Commission has any reason to believe that Defendant has failed to

comply with any provision of this Decree, the Commission will notify

Defendant and its legal counsel of record, Sheryl Laughren, in writing,

of the nature of the dispute. This notice shall specify the particular

provision(s) of the Decree that the Commission believes Defendant has

breached. Defendant shall then have fifteen (15) days to resolve or cure

the alleged breach. The parties may agree to extend this period upon

mutual consent. The parties agree to cooperate with each other and use

their best efforts to resolve any dispute referenced in the Commission’s

notice.

20. If there is no resolution of the dispute, the parties may conduct

expedited discovery under the Federal Rules of Civil Procedure for

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purposes of determining compliance with this Decree or defending

against a claim of non-compliance, with twenty (20) business days

notice for depositions, and with twenty (20) business days for responses

to written discovery. The Commission may also move the Court for

resolution of the dispute, seeking all available relief, including an

extension of the Term of the Agreement and/or any other relief the

Court deems appropriate.

MISCELLANEOUS

21. Each party shall bear its own costs and fees as a result of this

litigation.

22. If any provision(s) of this Consent Decree is found to be

unenforceable or unlawful, only the specific provision(s) in question

shall be affected and the other provisions will remain in full force and

effect.

23. The terms of this Consent Decree are and shall be binding upon

the present and future owners, officers, directors, employees, creditors,

agents, trustees, administrators, successors, representatives, and

assigns of Defendant. Defendant will provide prior written notice about

the contents of this Consent Decree to any successor, potential


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purchaser of Defendant’s business, or potential purchaser of

Defendant’s assets or liabilities.

24. Any modification to this Consent Decree must be entered by the

Court.

EQUAL EMPLOYMENT BELLE TIRE


OPPORTUNITY COMMISSION DISTRIBUTORS, INC.

_/s/ Miles Uhlar_____ _/s/ Sheryl A. Laughren___


Miles Uhlar (P65008) Sheryl A. Laughren (P34697)
EEOC, Detroit Field Office Sandro DiMercurio (P80704)
Attorney for Plaintiff Berry Moorman, P.C.
477 Michigan Ave., Ste. 865 Attorneys for Defendant
Detroit, MI 48226 535 Griswold, Suite 1900
(313)226-4620 Detroit, MI 48226
miles.uhlar@eeoc.gov (313)496-1200
slaughren@berrymoorman.com
sdimercurio@berrymoorman.com

SO ORDERED.

Date: September 23, 2019 s/Marianne O. Battani


MARIANNE O. BATTANI
United States District Judge

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Attachment A
EMPLOYEE NOTICE
This notice is being posted pursuant to the terms of a Consent Decree reached
between the parties in Equal Employment Opportunity Commission (“EEOC”) v.
Belle Tire Distributors, Inc. (“Belle Tire”), which was a lawsuit filed in the United
States District Court for the Eastern District of Michigan, Civil Action No. 2:18-cv-
13795.
Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to
discriminate against any prospective or current employee in connection with job
application procedures, hiring, firing, advancement, compensation, job training, and
other terms, conditions, and privileges of employment because of that person’s race.
Title VII requires an employer to provide a workplace free of harassment.
Title VII prohibits employers from retaliating against employees for opposing,
reporting, or complaining about discrimination in the workplace.
Federal law also prohibits employers from discriminating against employees or
applicants because of the person’s color, religion, sex, pregnancy, national origin, age
(40 years and over), disability, or genetic information.
Belle Tire supports and complies with such federal law in all respects. Belle Tire will
not retaliate or take any action against employees because they have filed a charge
of discrimination with the EEOC, reported an alleged violation under the law to the
EEOC, or have given testimony, assisted, or participated in any investigation,
proceeding, or hearing conducted by the EEOC. Any candidate for employment with
Belle Tire, or any Belle Tire employee who believes he or she may be a victim of illegal
employment discrimination should communicate their concerns as provided by Belle
Tire’s policies and procedures concerning discrimination and harassment.
Any person who believes that he or she may be a victim of illegal employment
discrimination may contact the EEOC directly at 1-800-669-4000.
BELLE TIRE DISTRIBUTORS, INC.
By: ______________________
Date:_______________________

This Notice shall remain posted for three years, until _______ 2022.

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