WEBER, Judge, HOGAN, Magistrate Judge.
The above-captioned action was instituted by Plaintiff Equal Employment Opportunity Commission ("EEOC") against Defendant Shoe Carnival, Inc. ("SCYL") under Section 706(f)(1)(3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, 42 U.S.C. § 2000e-5 (f)(1) and (2), and Title I of the Civil Rights Act of 1991 ("1991 CRA") to remedy an alleged unlawful employment practice on the basis of sex. Plaintiff-Intervenor Constance Grosser ("Grosser") joined this action by filing a Complaint-In-Intervention against SCVL alleging claims under Title VII and Ohio statutory and common law.
EEOC, SCVL and Grosser have advised the Court that they have agreed upon a basis to settle and resolve this action without the burden, delay and expense of further litigation.
NOW, THEREFORE, without trial or adjudication of any issue of fact or law raised by Plaintiffs' Complaints, it is the finding of the Court that: (1) this Court has jurisdiction over the parties and the subject matter of this action pursuant to 28 U.S.C. § 451, 1331, 1337, 1343 and 1345; and (2) the provisions of Title VII and the 1991 CRA will be carried out by the implementation of this Consent Decree and this Consent Decree is entered into pursuant to Title VII and the 1991 CRA.
As part of the parties' compromise and settlement, SCVL has agreed to pay Grosser $50,000.00 in connection with her claim for backpay and Grosser has agreed to release and waive all her claims against SCVL.
It is the finding of the Court that this Consent Decree fully resolves the issues raised by EEOC's Amended Complaint and Grosser's Complaint-In-Intervention.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED.
1. This Consent Decree is not an adjudication or finding on the merits of this case and is not to be construed as an admission by SCVL of any wrongdoing or liability, or of any violation of, Title VII and the 1991 CRA or any other statute or law in this lawsuit or otherwise.
2. SCVL and EEOC agree to conduct training for SCVL's employees located in the greater Cincinnati, Ohio area regarding laws and policies prohibiting sexual discrimination. (This training will be in addition to the anti-discrimination training already conducted by SCVL.) SCVL and EEOC shall work jointly and cooperatively to plan and conduct such training, which will be conducted within 120 days from the date of entry of this Consent Decree. Such training will involve separate training sessions for managerial employees and non-managerial employees.
3. SCVL agrees to incorporate into its annual performance reviews of managerial employees a promotional status review. Such promotional status review shall include a review of the items attached as Appendix A, which items shall be incorporated into SCVLs annual review fonn for managerial employees. Such promotional status review shall apply to annual performance reviews for Fiscal Year 2003, conducted in Fiscal Year 2004.
4. SCVL agrees that EEOC may review compliance with this Consent Decree. As part of such review, EEOC may, upon reasonable notice examine and copy documents of SCVL relating to its compliance with this Consent Decree.
5. In the event EEOC alleges a violation of this Consent Decree has occurred, prior to pursuing any remedy provided by law, EEOC will give SCVL notice in writing, specifically identifying the alleged violation. SCVL will have thirty (30) days to investigate and respond to the allegation. Thereafter, SCVL and EEOC will have a period of thirty (30) days, or such additional period as may be agreed upon by them to confer and negotiate in an effort to resolve such allegation, before EEOC pursues any remedy provided by law.
6. The term of this Consent Decree shall be for a period beginning with the date of entry of the Consent Decree and continuing until June 30, 2004, at which time this Consent Decree will expire and no party shall have any continuing obligations hereunder. The Court shall maintain jurisdiction over the parties and the subject matter throughout the term of this Consent Decree.
7. Throughout the term of this Consent Decree, any party may move the Court to reopen this matter for purpose of obtaining compliance with this Consent Decree and entry of such further orders or modification as may be necessary or appropriate.
8. All claims asserted by EEOC in its Amended Complaint, to the extent not expressly addressed in this Consent Decree, are hereby DISMISSED WITH PREJUDICE.
9. All claims asserted by Grosser in her Complaint-In-Intervention are hereby DISMISSED WITH PREJUDICE.
10. Each party shall bear its own costs and attorneys' fees.
IN CASE NO. C-l-O1-492
Items to be incorporated into Shoe Carnival, Inc.'s Fiscal Year 2003 annual performance reviews for managerial employees to be conducted in Fiscal Year 2004 are as follows:
A. Status of Associate's potential for promotion to the next position level (i.e. General Manager, Regional Manager, etc.); and
B. Areas that require further development to make Associate eligible for promotion or to enhance Associate's potential for receiving a promotion.