HomeMy WebLinkAboutContracts & Agreements_85-1995_CCv0001.pdf STAT'E OF CA1,1FORMA-nAn AND CONSUMM SMtVKM AGCY
DEPARTMENT OF FAIR EMPLOYMENT & HOUSING
SETTLEMENT AGREEMENT
RESPONDENT: Redlands, City of DFEH #: E-9495-J-0586-00-PE
COMPLAINANT: BABERS, Daryl E. EEOC/HUD #: 340956920
In exchange for the promises made by the Respondeat contained in this
agreement, the Complainant agrees to withdraw from consideration by any state
or federal agency or court of law or other government entity any charge or
complaint of discrimination or other claims relating to illegal discrimination, as
referenced in the above-described complaint, which are now pending on
Complainant's behalf against the Respondent, its officers, agents or employees.
Further, Complainant will not institute or cause to be instituted any action in
state or federal court, or before any state, local or federal government entity
arising from or attributable to any alleged unlawful practice of the Respondent, its
officers, agents or employees arising from or attributable to the above-described
complaint on the facts alleged in that complaint.
It is understood that this agreement does not constitute an admission by the
Respondent of any violation of the Fair Employment and Housing Act.
The Department of Fair Employment and Housing participating in this
agreement does not reflect any determination by the Department on the merits of
the complaint. Further, the Department does not waive its rights to process any
other complaint against the Respondent. The Department of Fair Employment and
Housings participation is limited to the specifics of the above-described complaint
and the application of the Fair Employment and Housing Act (Act) to the
circumstances described in this complaint. Any agreement or covenant beyond
the circumstances of this complaint as affected by the Act, whether expressed or
implied, is an agreement between the Complainant and the Respondent to which
the Department of Fair Employment and Housing is not a party.
The Respondent further agrees that the Department of Fair Employment and
Housing shall have the right under this Settlement Agreement to conduct a
compliance review within one year of the effective date of this agreement to
determine whether such agreement has been fully obeyed and implemented, and
to bring an action in the Superior Court of the State of California when it believes,
Settlement Agreement
Page 2
on the basis of evidence presented to it, that any person is violating or about to
violate this agreement. The Complainant and Respondent agree that this
agreement may be used as evidence in a subsequent proceeding in which any of
the parties allege a breach of this agreement.
In exchange for the promises of the Complainant contained in this agreement,
the Respondent agrees to:
1 . By November 30, 1995, pay the Complainant a total of five thousand two
hundered dollars and no cents ($5,200.00) lump sum in compensation for alleged
discrimination within the meaning of Section 104(a) of the Internal Revenue Code.
Respondent agrees to tender one (1) check in the total amount of five thousand
two hundred dollars and no cents ($5,200.00) made payable to Daryl Babers. The
check will be delivered to Sharna Wilson-McMillan, Consultant, Department of Fair
Employment and Housing, 1845 S. Business Center Drive #127, San Bernardino,
CA 92408-3426.
DFEH-500-02 (06/91)
Settlement Agreement
Page 3
In signing this agreement the complainant and respondent acknowledge that
neither the Department of Fair Employment and Housing, nor any of its agents or
employees, has served as legal advisor to either the complainant or the
respondent.
Complainant acknowledges that this agreement has been entered into without
coercion or fear of retaliation.
Complainant- BAKERS, Daryl E. Date
6�4 Council November 29 , 1995
Respondent - CITY OF REDLANDS ATTEST: Date
Cj,fy Clei�
Department Representative - SHARNA WILSON-MCMILLAN Date
DFEH-500-02 (06/91)