It's Just Lunch Consent Decree

7/27/2019 It's Just Lunch Consent Decree

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UNITED STATES DISTRICT COURTFOR Tlv SOW IIERN DISX CT OF FLORIDAFort Lauderdale DivisioncAsENo.: tl -cv - ta lsl 8 . toro

UNITED STATESOPPORTX TY EQUAL ESPLOYNGNTCOMM ISSION, )))Plaintiff, ))v. ))IT'S JUST LUNCH USA, LLC. ))Defendant. ))

This Consent Decree CDecree'') is made and entered into by and between tlle UnitedStates Equal Employment Oppo% nity Commission ('commission'' or the GCEEOC'') and It'sJust Ltmch USA, LLC, CIJL'').

W TRODUCTION1'I'he Commission ftled this adion on Iz, 2013, under Title VI1 of the Civil

Righl Act of 1964, as amehded, 42 U.S.C. j 2000e et JJ:., CTitle VII'') to correct tlnlawfulemployment practices, and to provide relief to Charging Party Lynda Twist and Aggrieved ClassMembers (as defmed below) who were adversely G ected by dlscdmlnatory practices.

2. EEOC alleges that IJL violated Title VH by unlawfully refusing to hire men aslnside Sales Representatives and/or Dating Directors in its Hallandale Beach facility and at otherlocauons over wEch 1JL has hlrlng authority.Charging Party Twist for opposing IJL'S tmlawful emplom ent practices.

E/OC also alleges that 1JL retaliated against

Case 0:13-cv-61518-WPD Document 6 Entered on FLSD Docket 07/19/2013 Page 1 of 29


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The agreement to enter into this Decree shall not be cons% ed as an admission ofliability by IJL as to any allegations by EEOC. 1JL denies that it violated Title V1I by llnlawfullyrefushg to hire men as Inside Sales Representatives and/or Dating Directors ln its HallandaleBeach facility and at other logaEons over wltich IJL has hiring alllhority. IJL denies tlmt it

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retaliated against Charging Party Twist for opposing IJL'S llnlawful employment practices.4. In tie interest of resolving tbis matter, and to avoid fhrtber cost of litigation,and

?,las a result of having engaged in comprehensive settlement negotiationsjxge Parties have agreedthat this action should be flnnlly resolved by en> of this Decree. This Decree is tlnal mzdbinding on the Pl- les. and their respective successors and asigns

5. No waiver, modifkation or amendment of any provision of tllis Decree O II beeffecve unless made in writing and signed by an authorized representative of each of theParties. By mutllnl agreement of the Parties, thls Decree may be amended or modifed in theinterests of ustice and faimess in order to effectuate the provisions of this Decree.

6. This Decree fully and snally resolves the claims asserted by tlze Commlssion inthe Complaint fled in this action styled EEOC v. It's Just Lunch USA, LL % Case No. '15 -ClV- Gt>K-* (S.D.F1a.). Such acuon arose from the ldividual and class claims raised inEEOC Charge No. 510-2009-01825 (Lynda Twfv/ v. It 's Just Luncht LL , and the class claimsralsed in EEOC Charge No. 846-2010-59206 (Eishlan Boyd v. It's Just Lunch, ffo, theintlividual claims of the latter charge having been resolved tkough a private settlement betweenBoyd and IJL.

Tlzis Decree constitutes tlp complete tmderstanding between the Parties withrespect to the m atters herein. Any separate settlement agreements executed between IJL and



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Charging Party Lynda Twist or between IJL and Charging Party Eishlan Boyd shall notsupersede tllis Decree.

8. If one or more provisions of this Declee are rendered unlawful or unenforceable,the Pmlies shall attempt to agree upon wlmt amendmtnts to tlzis Decrte,if any, are appropriate toefectuate the po oses of this Decree. In any event, the tmaffected provisions will remainenforceable.

'4). 'lxis Decree does not resnlve any chsrges of discdminakpn fhst may be pendingwith the Commlssion against IJL other tllan the Charges referred to in parapaph 6.This Decreein no way affects tile EEOC'S rilt to bring, process, investigate or litigate oier charges thatmay be in exis'tence or may later arise against IR in acccrdance with standard EEOC procedures.

FIO GS10. Having carefully examined the term s and prodsions of tbis Decree,and based on

the pleadings, record, and stipulatins of tiw Psrb'es,the Court Ends the following:a. This Court has jM sdiction over the subject matter of tMs action and tlle

psmtles;b. No party shall contest the judsdicion of this Court to enforce tllis Decree and

its terms or the right of the Commlssion to bring an enforcement suit uponalleged breach of any ttrmts) of this Decree;

c. 'rhe terms of this Decree are adequate, fair, reasonable, equitable, and Just.'I'he right.s of Charging Party Twist, Agy eved Class Members and the publicinterest are adequately protected Y tllis Decree; and

d. 'Ihe terms of this Decree are and shall be binding um n the present and futurerepresentatives, agents, dizectors, om cers, successors and assigns of IR .

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NOW, THEREFORE, IT IS ORDERED,ADJUDGED AND DECREED AS FOLLOW S:DEFN TIONS

1 1. REffective Date'' shall mean the date on which the Court gives fnal approval totlle Dicree by entee g it on the Court docket alkr mouon and henrlng,if required.

12. GAggrieved Class Members'' CACMs'') refers to the class of male individualswho sought emplom ent w1t11 IJL as Inside Sales Representatives or Dating Directors in 1R 's

;I4Hallandze Beaoh facility and other locations over which Im lzas 1Gh'ng a'ltbority during tikeHiring Period (defmed below), and who were not hired, and who possess a11 essential objective,and non-discrlminatory qualifcations for the positionts) they sought.

13. SsHlring Period'' shnll mean the period beglnnlng when hiring for Ze HallandaleBeach fadlity began on November 1, 2007, and ending on the EFective Date.

14. dDays'' shall mean calendar days unless otherwise provided herein.DURATION OF DECREE

This Decree shall be in efect fpr a perlod of three (3) years 9om the EffectiveDate.

GENERAL ENJUNCTBV PROYRSIONS16. Comoliance witll Federal Egual Employment Oppo- nlty Laws. Nothing in this

Decree shall be constnzed to limlt or reduce IJL'S obligation to comply with the statutes enforcedby EEOC: Title V1I of the Civil Rights Act of 1964, as smended, 42 U.S.C. j200e et seq. ,('Title VII''), Title I of the Americans with Disabilities Act CADA''), 42 U.S.C. j12101, asnmended. the Age Discrimination in Employment Act CADEA''), 29 U.S.C. 99621-633+ theEqual Pay Act (''EPA''), 29 U.S.C. j206(d), and the Genetic lnformation Nondiscrimination Actof 2008 CCOlNAI, 42 U.S.C. 9 2000f.

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No DiscHmination, DM ng the term of this Decree,1.1 , shall not refuse to hire anyindivldual because of such individual's sex; and

18. Retallation Probibited. Durlng the term of +is Decree,1JL shall not discrimlmnteagainsfmly employe: because the employee opposed any practlce made lmlawful by Title VII.

CHARGING PARTY TW IST'S EU LOYM ENT RECORDS19. Exp-mmement of Unsatisfactory Entries from Personnel Record. IJL agrees to

,lexptmge from Charging Party 'lV st's personnel file any negative references relating to hertev ination and any reference to tlw fling of a charge of disczmlnation.

Employment References. IJL agrees that. in ilrnishing oral or written referencesconcealng Chargng Party Twist as may be requested by prospective future employers, it willmention only the nature and duration of her employment. 117 qbnll not mention Charging Party'Te st's charge of discrim ination or tllis lawsuit as part of any reference.

CONSD ERATION OF AGGRIEVED CLASS M EM ERS FOR HIRE21. Consideration of ACMS for Hire. As set forth in ddail in parapaph 44 below,

each Agl eved Class Member who, tkrough the olnlms adminiskation process, e nnativelyindicates atl interest in future emplom ent w1t11 IR as an lnside Sales Representative or DatingDirector, or both, shall be given consideration during thc duration of tllis Decree. As InsldeSales Representative and Dating Director vacancies occur over the three-year periodcommencing on the Effective Date, 1JL shall give Mring consideraion to those Aggrieved ClassM embers it would consider candidates, and shall also consider incomlng new candidates. 1JLshall hire the best qualifed candldates identised througb the interview process and its hiringdecisions shatl be based on non-discriminatol'y criteria.

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22. Hiring Without Regard to Sex. IJL awees to cozlsider all applicants foremplom ent on an equal basis without regard to sex.

23. Applicgnt Tracklng System . lJL shall adopt and maintain for tlle duration of tbisDecree an electronic applicM t kacklng system which shall contain,for each person hired and forany other person who submlts to 1J1z a resllme, application, or electonic expression of interest,or whom was otherwise considered by IJL to be an applicant for emplom ent as an lnside Sales

lrepresentative or Dating Director, at least the following htformation: ',,a. For Dating Directors: Background lnformation: (1) applicant name; (2) gender;

(3) source of application; Resume Screen Information: (1) date of screen; (2)one or more years of customer service and/or sales experlence; (3) the outcome ofthe resltme screen (conthme, hold, reject); Phone Screen Informaticn: (1) date;(2) contlrm comfortable with salary, commute and available shifts; (3) excitementand knowledge about 1.1T, concept throughout interview; (4) two or more yearsbasic computer .and lnternet M owledge; (5) peat communlcatlon sldlls (1-10scale); (6) outcome of the phone screen (continue, hold, reject); Wonderlic: (1)date; (2) score; (3) Wonderlic outcome (contlnue, hold, reject); Faeoto-FaceInterview #11 (1) date; (2) excitement and knowledge about 17L conceptthroughout interview; (3) expedence mpklng or taking inbolmd/outbotmd calls;(4) 2 or more years using Outlook, Excel, Word & Internet Navigatlon; (5) greatcomm'mication skills (1-10 scale); (6) good fk w1t11 culture, pnrn, clientele,pressure, etc. (1-10 scale); (7) self-rating on ability to stick to a daily schedule (1-10 scale); (2) positive outlook (mimsnmm 7 on 1-10 scale); (9) high energy andenthusiasm (1-10 scale); (10) performance on CR Exnmples (1-10 scale); (11)

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conflrm comfortable with salary, commute and available shlfts; (12) candidateinterest level in the position (1-10 scale); (13) outcome of the ftrst interview(contine, hold, reject); Face-to-Face Interview #2 : (1) date; (2) excitement andHowledge about IJL concept tkoughout interview; (3) experience mnking orfnksng inbotmd/outbound calls; (4) great commllnicauon sldlls (1-10 scale); (5)good ft w1t11 cultuze, pace, clientele, pressure, etc, (1-10 scale); (6) track record ofproviding excellent Customer Service (either on resllme mJ dudng interview); (7)Positlve outlook (1-10 scale); (8) lligh energy and enthusiasm (1-10 scale); (9)performance on CR and iexing exnmpies (1-10 scale); (10) candidat: interestltvtl in tlw position (1-10 scale); (11) outcome of the qrst irtttrvitw (continue,hold, reject); Post-lnterviews: (1) date; (2) one or more positive references; (3)position offered; (4) hired; (5) additional comments.For lnqide Sales Representatives: Background lnformation: (1) applicant nsme;(2) gender; (3) source of application; Resume Screen Information: (1) date of

2) 2 or more years of inside sales and/or 1 or m' ore years intangiblecreen; ((sewice not product) sales experience; (3) the outcome of the resume screen(conthme, hold, reject); Phone Screen lnformatlon: (1) date; (2) excitement and

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H owledge about IJL concept A oughout interview; (3) experience mnking 50 ormore outbound calls per day (100 or more stzongly preferred); (4) four or moreyears basic computer and Internet knowledge; (5) one or more years experiencewith a 24 hour sales cycle; (6) one or more years experience using a guidedpresentation; (7) outcome of the phone screen (contlnue, hold, reject); PhoneInterview: (1) date; (2) Oong closing sldlls (eitiler closing statistics or duzing



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interdew itself); (3) track record of sales success @.g. meeting quota); (4) moneymotivated as shown by responses and review of 111, commlssion structure; (5)conlrrned they are a good ft for posidon,or sells themselves and asks to take thenext step; (6) good t w1t11 culture, pace, clientele, pressure, etc. (1-10 scale); (7)positive outlook (1-10 scale); (8) great comm:mlcation sldlls 1-10 scale); (9) high,energy and enthusiasm (1-10 scale); (10) outcome of the ftrst interview (contitme,

1J!old,reject); Scrlpted Interview : (1) date; (2) perfornpnce on sales script (1-, *

IQ scale); (3) good st with culture, pace, clientele, pressure,dc. (1-10 scale); (4)great commtmication skills (1-10 scale); (5) high energy and cnthusiasm (1-10scale); (6) outcnme of the scripted interview (continue. hold, reject); Post-Intervlews: (1) date; (2) one or more positlve references; (3) positipn offered; (4)hired; (5) additional comments).

24. Opnrtvrly Review. 1JL shall condpct a qllnrferly review of its applicant flow.At aminimum , such review shall be based on an analysis of c1a1 gathered pursuant to this Decree,feedback regarding the hiring decisions from its personnel,as well as any complaints, mports orallegations of discrimination or non-compliance with this Decree atld 1JL's hwestigationsthereof

a. The quarterly review shall include,inter alia: (1) the qllnrterly statistics, e.g.,mxrnber of applicants, number hired, nnmber discharged and nllmber employed atquarter end, broken down by: (i) position and gender, and (ii) the nnmes of tllcemployees who pe icipated in the hldng decisions broken down,if applicable, bythe positions for whlch suc employees participated in the selecuon process; and(2) a general review of recmiting and Mring practices to determlne if there are any

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desciencies tlmt require correction or any potential modiGcations tllat may flzrtherattalnmem of hirlng in the spirlt of and po oses of this Decree.

b. Within fqftecn (15) days aher each quarterly review, LTT, shall prepare a reportsl'mmxrizing tle indings of each such quarterly review t%e Quarterlf ReviewReportnl,

25. Witbin tmeen (15) days O er the completion of each Qzmderly Rqview Repoltit .JL shall provide to the EEOC: (a) a copy of tlte Quarterly Review Remrt; and (b) ml dectronic

copy of its appllcant tracking system reflecting data for the quarter covered by such report. Inaddition, within thirty (30) days aher the last d>y of the term of this Decree1JL shall submh theQuartcrly Review Report and eleckonic copy of tlw applicMt kacking system for the flnalqllnrterly period of this Decree.

26. Upon review of the Quarterly Review Report and appllcant tacklmg system data,EEOC may, upon thlrty (30) days' prior written notice to I.Qo conduct a study of IJL'S recM tingand hlrlng practices to determlne the reasons for failure to hire qual ed male applicants andmake recommendations. lf practicable and not dekimental to tlw business, 1JL shall implementany such recommendations wifhin sixty (60) days of receiving EBOC'S written notice of suchrecommendauons.

27. Notwithstanding the expiration of the other provisions of tbis Decree,for one (1)calendar year aAer the expiration of the term of this Decree, IJL shall retain a11 documents ordata made or kept under this Decree. IJL shall provi4e such docltments or data to the EEOCwithin ten (10) business days after receiving the EEOC'S written request.

DISPUTE RESOLUTION

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28. In the event that either party to this Decree believes that the other pmly has failedto comply with any provisicn of this Decree,the complnlnlng party shall notify the ether party ofthe alleged non-complimwe withln sleen (15) busintss days of the disoovery of tlw alleged non-oompliance and shall afford the alleged non-complyhg party fReen (15) business days toremedy tlze alleged non-compliance or to satisfy the complainlng party that the alleged non-complying party has complied.

pjl9. lf the alleged non-compl/ng party has not remedied the'elleged non-copplianceor satissed the complaining party that it hnq complied within tmeen (15) business days, thecomplslning party may apply to the court for appropriate relief

M ONETARY RELIEFIJL apees to pay Nine Htmdred Thousand Dollars0, Acrezate Payment.

($90,000.00) in full settlement of tllis lawsuit. Such pam ents shall be made to Charging PartyTwist, into a Ciass Settlement Ftmd, and to pay tlze clnlms admlriistraion expenses as providedherein.

31. Charainc Partv Twlst. Wlthin ten (10) days of the Effective Date, IJL will payOne Htm&ed 'rhi/ Thousand, S1x Htmdred FiRy-Nine Dollars ($130,659.00) to Charging PartyLynda Twist, representing the lncome that Chsrging Party would have earned if she had not beentermlnated, which includes comptnsation for a1l dnmages, compensatory,punitive or oierwise,costs and attorney's fees. Such pam ent shall be made by three (3) checks mailed by certiiledmail (lkebtrn Receipt) to Barbra A, Stern, Esq., Law Omce of Bohdan Neswiacheny, 540 N.E.th street Fort Lauderdale,Florida 33301 as follows: one check payable to Twist in the amount,of Thirty Thousand Dollars ($30,000) (less withholding and applicable tax deductions)representlng backpay; one check payable to Twlst in the amotmt of Seventy 'Fhousand Dollars

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($70,000) representing non-wage damages; and one check payable to Law Oce of BohdanNeswiacheny Tmst Account in the amount of ' Thousand Six Htmdred FiftpNine Dollars($30,659) representing attomey's fees and costs 1.11, * 11 issue tax forms to Lypda Twist at thefollowing address: Lynda Twist 230 S.W . 12th Street, Dania, Flodda 33004 and to the LawOEce of Bohdan Neswiacheny at the following address: 540 N.E. 4* Street,Fort Lauderdale,Florida 33301. A photocopy of the cbecks described in this paragraph shall be

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contemporaneously sent to Regional Attonxy Robert E. W eisberg, Ret 'It's Just Lunch ConsentDecree, Equal Employment Opportunlty Commlssion,M inml Tower, 100 S.E. 2nd Skeet, Suite1500, Minmi, Florida 33131,as proof of compliance with tllis provision of the Decree. Paymentto Twist shall be niade aher execution of a relece and settlement agreement approved by Twistand IJL. The EEOC shall not be a party to such release or ageement. The employer's portion offederal tax obligatlons shall be reimbm sed to 1JL from the class settlement fhnds.

32. Class Settlement Ftmd. 1r1 ad4ition to the pam ent to Charging Party Twist setforth above, withl'n fiheen (15) days of the Eftctive Date, tlw Claims Administrator and 1JLshall cause to be established a Qualifed Settltment Ftmd tmder 94681) of tlw Inttmal RevenueCode heretmder in the principal amount of Seven Hundred SixtpNine Thousand,Tltree HtmdredForty-onc Dpllars ($769,341.00) for the purpose of providlng individual monetm.y awards toEligible Aggrieved Class Members CACMs'') and paying the costs and expenses of classadministration. Payment of 'mds for the Class Settlement Fund shall be made to SettlementServices, hc., a,s Claims Adminiskator, within ten (10) days of the Effective Date. n e ClaimsAdminie ator shall have authority to issue checks 9om the accotmt to Eligible Aggrieved ClassM embers. EEOC shall have the sole authority to dete= ine the class of individuals who are

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Eligible Agy eved Clus Members and the nmotmt to be paid to tach Eligible ACM in accordwith procedure outlined in the Clsims Admlnlstration Secuon below .

33. Claims Adminiskation Expenses. AII costs and expenses relating to the clnimKadmlniskation process, which are estimated to be no more than One Htmdred Thousand Dollars($100,000.00), shall be paid from the Class Settlement Ftmd.

34. Failtuv to M ake Timelv Paymentlf 1.11, fails to tender the pam ents described inljlparagraphs 30 through 33 of this Consent Decree, IJL will pay interest on the dcfaulted

pam entts) at the rate oalculated pursuant to 26 U.S.C. Section 66211) until the snrne is paid,and bear any aditional costs incurred by IJL'S non-compliance or delay.

CLAIM S ADM INISTRATION AND R EAPPLICATION PROCESS35. Timelines. A11 timemnes and deadlines established in paragraphs 36 through 66

of this Consent Decree may be modifed by written agreement of the padies,without notiscationto the Court,

EEOC has selected Settlement Services, hw. as the ClaimsAdminis/ator. The Clnlmn Admlnlstrator shall: (a) facilitate the creation of a QualiiedSettlement Ftmd nder 54621) of the Internal Revenue Code; (b) idenify Aggrieved ClassMembers from data provided by the EEOC; (c) create a website dedicated to clnlmsadministration at domain name m .eeocr di.l'lconsentdecree.com- ; (d) send notices,quesfonnires and forms relating to settlemtnt; @) receive questionnaires and forms relating to

36. Clnlms Adminiskator.

settlement; (9 identify Eligible Aggrieved Class Members from questionnaires and/or formsreceived based on crheria provided by tlle BEOC; (g) transmit notiilcations of eligibility; (h)t-nsmit notiscations of monetary awards; (i) kansnzit arld review release formA; (i) issue checksto Aggrieved Class Members fwm the Class Settlement Fund; (k) issue related tax docttments;

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and (i) perform such other administrative tasks as is and EEOC may deem necessary to facilitate4 'he clnlms ndministratlon process.37. Identiilcation of Agmieved Clmqs Members. Withln ilAeen (15) days of the

Effective Date, EEOC shall kansmit to the Clnims Adminierntor a list containing, if available,the full names, l%t known addresses and email addresses for a11 of the applicmlts that havepreviously been identifed by EEOC to IJL,each of whom submitted an eleckonic application to

fJL for the positinn of lnside Sales Representative and/or Datlng Directly between 2007 and theEffecfve Date. Prior to submittlng the list of applicanl names and e-mail ad&esses, EEOC shallprovide 1JL an op'portunity to review the list so that IJL can verify the accmacy of the list'scontenl, provided, however, that EEOC has the llnfettered and exclusive right to identifyAgleved Class Members, and this cnnnot be challenged by IJL.

38. E-M allinc of Clnlms Notiflcation and Initial Ouestionnaires. W ithin twentpfve(25) days of the Effecdve Date, the Claims Administator shall e-mail a cover letter 9om EEOCcontainlng nouoe of the settlement, an explanation of tlw eligibility determination process, thewebsite dedicated to the claims adminiskation process and an initial questionnaire t'slnitialPackage'') to all known Aggdeved Class Members at their las4 known e-mail addresses.

39. Unsuccessful E-M ailing of lnitial Packages. The Claims Administrator shallmake reasonable eforts in consultation with the EEOC to resend lnitlal Packages in an altematemnnner, lncluding by U.S. mail, to those Aggrieved Clus M embers whose Initial Packages m'eltbounced back'' or retumed as tmdeliverable.

40. Eliaibilitv Determinations. The Clnlms Admlrziskator will review a1l InitialQuestiormaires to identify Eligible Agpieved Class Members based on essential,objectivt, an.non-discriminatory criteria provided by EEOC. lf the Claims Admirtistrator hms any question as

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to the eli/bility of any ACM the EEOC will make the eligibility determination in its soltiscretion based on essential,objective, and non-disoriminatory qualiication criteria,including:(1) for lnside Sales Represntaives, two or mort years of inside sales txperienceaad/or one ormore years of intugible (service not product) salts experienct; and (2) for Dating Directors,oneor more years customer service and/or sales experience. 1LJ shall not challenge any suchdetennination. Aggrieved Cl%s Members wbo seek consideration of their eligibility to recover

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;!onetmy compensation must complete the lnitial Questiormaire and c:use it to be received bythe Claims Admlnlstrator via e-mail wlthl'n eightpfve (85) days O er the Effectlve Date. n elnitial Questionnaire must be received by tlze Claims Adminiskator on or beforc such date inorder to be considered. A11 Illitial Questionnaires must be signed undcr penalty of perjury to beconsidered. Any ptrson whose Initid Questlonne e is not actalllly received by tht ClaimsAdmlnlstator withln eightpfive (95) days of the Effective Date shall be forever barred fromreceiving any relief undey this Decree or in qonnection with this action. 'l'he time may beextended by the EEOC for good cause shpwn including where the potential Eligible ACM dldnot receive the JnitialQuestionnaire in a timely mnnner, but, in no event, m ay the time beextended for more t1:% one year.

41 . Relationshlp Between Eligibility for an Award and Present Hireability. Adetermination of eligibility for an award pursuant to the terms of this Consent Decree is notadetermlation of present hireability.An individual's eligibility for an award pursuant to tlle termsof this Constnt Decree does not mean that the same individual is presently qualifed foremployment with IR . Eligibility does not guarintee or secure a position witll IR for anyindividual now or in the future. As discussed in paragraphs 21 and 44, Eligible ACM 'S who

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expressed an lnterest ln applyingconsideration for vacant positions based on tllt crlteria sd forth in paragraph 23.

42. ErMqilina mfBlizibllitv Detvrmlnations and Follow-up Ouesuqnnaims. W ithin

for emplom ent w1t11 1JL at this time are entitled to

one hundred and fitteen (115) days of the Effectivt Date,tht Clims Admini> ator shall e-mail acover letttr fxom EEOC to each Aggritved Class Mtmber who timely submitted the InitialQuestionnnlre contnlmlng nptice of their eligibility determlnntion. For those Aggrieved Class

' ;jMembcrs deeme.d to be Eligible Aggrieved Class Members,the Clnlms' Administrator shall alsoe-mail an explanation of the claims process and a Follow -up Questionnalre CFollow-upPackage'') to the Eligible Aggrieved Class Members' last known e-mail addresses withl'n onehlmdred and fifteen (1 15) days aher the Effective Date

a. The Follow-up Questionnaire will hwlude questions that would identify clalmahtswho are ''Medicare Eligible,'' as defmed by M M SEA, and who have receivedMedicare beneflts.

43. Submissinn Qf Ouesuonnaires. Aggrieved Class M embers who seek to recovermonetary compensation must complete a Follow-up Questionnaire form and cause it to bereceived by the Claims Administrator via email withl'n one hundred and seventpfive (175) daysaqer tlAe Eftctive Date, The Follow-up Questionnalre fonn must be received by the ClnlmsAdmlnistrator via e-mail or otherwise on cr before such date in order lo be considered, A11Follow-up Questionne e formq must be qigned tmder penalty of perjuz.y to be considered, Anyperson whose Follow-up Questiormaize form is not actually received by the ClslmsAdminiskator withln nne hundrd and seventy-flve (175) days of tlle Effective Date shall beforever barred fw m recdving any relief tmder this Decree or hl connection wit.h this action. Thetime may be extended by the EEOC for good cause shown includlng where the potential Eligible

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ACM did not receive the Follow-up Questiozmaire in a timely mrmner, but, in no eventmay thetlme be extended for more th% one year.

a. To the extent tbat any ACM submits an answer in the Follow-up Questiormairethat ht lms received M edicare benetits, the Commission will forward to IJL thennmes, gender, sccial security number and address of tbose claimants EEOCwill also advise these claimants of their Hght to seek the advice of an attomey ifthey have any questions concerning whether Medicaro B,enefits werc paid for anyftreatment for injuries caused by the IR 's failure to llire tlwm.

b, lf requested by IJL, EEOC will instruct the claims administrator to withholdpayment of any award to these claimants who have indicated that they havereceived Medicare benefits tmtil 1.1T- has determined whether M edicare benestswere paid for any keatment for injuries caused by the Company's failure to hirethose claimants,

c. For claimants that have identiied themselves as Medicare beneiciaries, EEOCwill assist IJL in obtaining additional lnformation 9om the claimants regardingwhelcr they received Medicare beneGts to pay for their injuries.

d. If requested by 1.11., the Commission will provide HICNSSN Form 081809 toeach claimant that identifes himself as Medicare-eligible and request that theform be fllled out,

44. Eliaible Agpieved Class Members Presentlv lnterested in Applving forEmnloyment w1t11 IJL. The Follow-up Questiozmaire will ask each Eligible Agpieved ClassMember if he is lnterested in reapplying for tmployment witll IJL as atl lnside SalesRepresentativt and/or Dae g Director at this time and, if so, to provide a current resllme. If tbeEligible ACM indicates a present interest in emplom ent with IJL, then the Eligible ACM 'S

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nnme, resllme and expression of interest in the lnside Sales Representative and/or DatingDirector position,or both, will be forwarded by the Claims Adminiskator via email to UL'S HRManagcr at [email protected] for comideration for vacant posiuons. A11 referrals ofEligible ACM S to IJL shnll occur on a rolling basis betwetn one htmdred and sevtntpfve (175)and two hundred and tltirtpfive (235) days of tlle Effeotlve Date, IJL shall consider the EligibleACM for avilable posiuons during the dm ation of tbis Decree. However, once 1JL has

1,interviewed the Eligible ACM and made a decision not to offer tlw Eligible ACM emplbynwntfor present or future available positions,IJL is not required to re-interview that Eligible ACM forsubsequent available positions.

45. Late Claims. For claims received aher the fling deadline, the ClnlmsAdmlnistrator shall notify late-sling Aggrieved Class Members that their claims are tmtimelyand that they are not eligible for any monetmy award. The Claim s Administrator shall alsoinform late-fling Aggricved Class Members that they may seek a reviw of the determlnntionthat they filed tmtimely by requesting EEOC to reconsider its determinatlon.EEOC may reversethe Claims Administrator's determinauon fhst a claim was not M'mely flled,in its sole discrdion,dependng on the cirolmstances at any time prior to EEOC fling its petition for Entry of theOrder Approving tlw Allocation of Settlement Ftmds see Pragraph 55 herein)

46. Claims of Deoeased Persons, Claims may be fled on behalf of deceasedAggrieved Class Members through representatives of their estate or next of k'ln if appropriatedocumentation (e.g,, letters testamentary or the equivalent) is providedAny claims paid to adeceased ACM shali be made payable to the estate of tlle deceased ACM .

47. Forwarding of Ouestionnmere Forms to EEO . The Claims Admlzliskator shallforward questionnaire forms and supporting documentation to EEOC as they are requested.

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48. Final Determlnntion of Elizibility. Wifhin two htmdred and seventpfve (275)days of the Bfective Date, the Claims Adminlstrator shall make recommendafons to EEOC asto whcther the Eligible Aggrieved Class Members who fled t'mely claims are in fact eligible toreceive a monetary award based on criteria provided to it by EEOC and,if so, the amotmt of eachmonetary award. In making its recommendations, the Claims Admlnistrator may considerwhatever evidence EEOC deems appropriate,including, but not limited to, evidence received by

' ti derlying tiis action, in cozmictionEOC in its investigation of the charges ef discrimlns on tmwlth its lltigation of tllis action, and in cormection * 111 the clnims process provided by thisDecree. EEOC shall review the recommendations of the Clafms Administrator and make finaleligibility detev inations-

a. Incomplde Ouestionnaires. lf a, Questionnnire form is ddermined to beincomplete by the Claim s Administrator, it shall request in writing additionalinformation from the Eligible ACM, if it appears that such additionnl informationwould complete tlle Quesdonnaire. The Clalms Admlnlstrator shall make a11 suchrequests no later th= two htmdred and thirtpfve (235) days after' the EffectiveDate. The Eligible ACM must provide tllt requtsted infonnation, signed underpenalty of perjury, to the Claims Administrator by mail so that it is actuallyreceived by the Claims Admlnlstrator no later th% two hundred and fftpsve(255) days from the date of the request for info= ntion. Any Agl eved ClassMember determlned by EEOC to be entitled to receive a monetary awazd shall bedeemed an 'E ligible Aggrieved Class Member'' for tlze purposes of this Decree.

b. Factors Bearing on Allocation of M onetary Relief Payments to EligibleAggrieved Class M embers shall be made 9om the Class Settlement Ftmd as full

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compensation for back pay, compensatory (peclmiary and non-pectmiary) andpe tive damagts. The Claims Administrator will recommend and EEOC willdetermine the nmotmt of tach Eligible ACM'S monetary award in its soledscretion baaed on the following factors:a. Back Pay. Back pay that shall be pdd from the Class Settlement Fund to each

Ellgible ACM in an amount based on mulfple factors including: (a) the1riference iri miugated income tllat the Eligible Ackfwould have emued had

he been ltired by IJL; (b) the extent to which the qualifcations of the EligibleACM exceed the minimum job qualifkations; (c) the nllmber of emplom entapplicauons the Eligible ACM submitted d'm'ng the Hldng Period; (d) otherindividualized proof of qualifcations for the positions; and (e) the totalnnmber of Bligible ACMS, 'l'he EEOC, w1t11 input from tlw Clalms' Admlniskator, will make the final decision concem ing the amotmt of backpay due to each Eligible ACM .

b. Comoensatorv (Pecuttiarv and Non-pecuniarvl and Punitive Damaqes.Compensatory damages that shall be paid from the Clas Settlement Fund toeach Eligible ACM represent damages for emotional distwss, mentalsuffering, hpmiliation, loss of self esteem, embarrassment, depression, pnlnand suffering, or loss of enjoyment of life. These dnmages may alsocompensat: for loss of credit rating,job seat'ch expenses, moving expenses,meical expenses and any out of pocket expenses Verifcation of claimedpecllnlav expenses shall consist of invoices, bills, paid receipts, cmwelledchecks or other legally sum cient proof. The smount of compensatory

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64. 1JL shall provide prior written notlce to any purchaser of its bushess, or apurchaser of all or : portion of IJL'S assets,and to any other successor,of the EEOC'S lawsuitallegafons ralsed in the EEOC'S complaint,and the existence and contents of this Decree.

M ONITORING AND REPORTING65. EEOC Mav Review Compliance W ith Decree. On request of the Charging Party

or on the Commission's own request,the EEOC may review IR 's compliance w1t11 this Decree.'(JAs a part of such review, durlng the term of tlzis Decree,the EEOC my inspect IJL'S premises

no more fbnn once every six (6) months, and exlmine wimesses and exxmine and copydocuments no more t11% once every six (6) months.

66. Nouce of Compliance. Unless otherwise provided herein, 1JL agrees to providewritten notice to the EEOC whbl'n thirty (30) days of satisYng each of it.s obligations O derpararaphs 19, 23, 31, 32, 61, 62(a), 63 and 64 of this Decree.

67. Rerorting Repuirements. Al1 reports, notices and other documents requiredheretmder shall be mailed to Regional Attomey Robert E.W eisberg, Re: It's Just Lunch ConsentDecree, Equal Emplom ent Opportunity Commission,M iami Tower, 100 S.E. 2nd Skeet, Suite1500, Mismi, Florida 33131.

COSTS68. Litication Costs. Each party to this Decree shall bear its own costs associated

with this litigation. .l..z i>all ct- /Ads' e*s'Z2eo,AOC'avpc,m Axp oscu,m, tus / lday or a13,o o.o-.) - j) z'-y j , ' ,

GE 'b w ' 4


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AOREF,D TO:FOR TI1E PL TPF, EQUM EO LOYMBNT OPPORTUNITY COMM SSION:

V V@ /#y: Date: JX w 2013Robert . W eisb , Esq.Regional Attomey for U.S. Equal Emplom ent Opporhmity CommlssionFlorida Ba No. 285676Mlnml Disict Om ceM inmi Tower, 100 S.E. 2nd Street, Suite 1500Misml, Florida 33131Te1: (305) 808-1789Fax: (305) 808-1835E-Mai1: [email protected]

AGREED TO:FOR TllE DEFENDAN , IT'S JUST LUNCH USA, LLC:B : ed original releases to IJL, and prior8;r

'

to sendlng any monetary awards, the Clslms Admlnistrator shall revizw a11 releases to ensurethey are properly executed. In the event that a Release has not been properly executed and properexecution appears possible, the Claims Administrator shall contact the Eligible ACM atldattempt to procure a properly executed release.

Motipn fQr Appmval of Allocation of Selement Funds. Upon the determinationof all claims and the receipt of properly executed releases for a1l Eligible Agpieved ClassM embers, EEOC shall file a motion with the District Court seeking approval of the allocation ofthe Settlement Fund among those Eligible Aggrieved Class M embers who have executed anddmdy rehlrned the Releases. In connection w1t11 this motion, EEOC shall jile a proposedsettlement dstribuiion list, which shall contain the name and proposed gross settlement amotmtfor each Elisble ACM, 1JL shall not challenge the proposed settlement disibution list. AAerappropriate redew, in connection with which EEOC shall provide any lnfrmation witllinEEOC'S possession wllich the Court requests, tbe Court will enter an Order Approving theAllocation of the Settlement Ftmds and the skibution thereof pursuant to tbis Consent Decree,

58. Diskibution of Settlement Ftmd. Within sReen (15) days of the receipt ofNotiscation from EEOC that the Order Approving tlw Allocation of the Settlem ent Ftmds by theCourt has been entered, the Clnlms Administrator shall issue and mail one check (allocated as

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provided in Paragraph 59 below) to each Eligible ACM deemed eligible for a monetary award inthe gross amount re:ected in the flnal settlement diskibution list. less applicable deductions.

59. Tax TreaM ent of M onetary Awards. The monetary awrds shall be allocated to lostwages and to compensatory damages as appropriate based on the awards. The ClzrnKAdminiskator shall issue an m 9 Fo= W-2 to each Ellgible ACM w1th regard to tlw lost wagecomponent of the monetal.y award, and an HI.S Fo= 1099 to each Eligible ACM with regard to

t' 's poion of federalhe compensatcry damages component of the monete award. n e emp pyertax obligations and wio olding shall be paid 9om class selement funds.

60. Disdbution cf Any Residual Amount in tlle Class Settlement Fund. In the eventthat checks m'e renxrned and/or the Settlement Fund is no completely disdbuted for any reasonaher payment to Settlement Servioes, Inc, wifbin thirty (30) days atter the Order Approving theAllocaon of Settlement Ftmds of this Decree, EEOC may petition the Court and ask that aportion of the remaining fupds be G ocated to Charging Party Lynda Twist. The remnining sum,lf any, shall become part of a cy pres fund to be dskibuted to Iraq and Afghanistan Veterans ofAmerica (IAVA), a charity located at 777 N. Capitol, NE, Su. 403, Wasllington, DC 20002, mldidentifed by the EEOC in its sole discreion.

TRAINING AND SUPERW SOR ACCOUNTABILITY61. Emoloyee Traininc. IJL agrees to schedule atl employees for kaining on its anti-

discrimlmation policy. A11 km'nlng must be completed witltin ninety (90) days of the EffectiveDate.

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62. Suoervisory Accotmtability. lJL shall promote supervisory accotmtability by:a. Providlng annual anli-dscrtmination trsining to a1l employees and managers who

participate in 1JL hiring decisions, with an emphasis on federal equal emplom ent proMbitlonson discrimlnatory hiring practices and retaliation;

b. Disciplining, up toviolates IJL'S policy or policies against discrimination and retaliadon;

'.c. lmposlng on a11 managers and supervisory persormel a dujy to perform their workduties and conduct their Mring practices in a mnnner that ensmes complianoe with IJL'S policyor policies against discrimination and retaliation; and

and including dlscharge, atly supervisor or mnnnger who

d. Requiring a11 managers and supervisors to report any incidents and/or complaintsof dispcate keatment and/or retaliaon of wltich they beoome aware to the Human ResomcesDm nM ent or senior nlanagenlent.

POSTING OF NOTICE63. Within ten (10) bushxss days aAer the Efecttve Date, IJL shall post a laminated

copy of the Notice attached as Exhiblt C to thls Decree at all of its faoilities in a conspicuouslocation easily accessible to and commonly gequented by employees, IJL shall certify to EEOCin miting within fiAeen (15) business days O er entry of this Decree that the Notice hnn beenproperly posted. IJL qhnll permit a representauve of EEOC to enter Im 's premises for purposesof verifying compliance w1111 thls Pragraph at any flrne dllring normal business hours withoutprior notice.

NOTIFICATION TO SUCCESSOR:


It's Just Lunch Consent Decree

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