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Home My WebLink AboutUS Equal Employment Opportunity Commission; 1986-08-13;c- a UNITED STATES Gc EQUAL EMPLOYMENT OPPORTUNITY ( a, tu o< *17" c 3660 WII.SHIHE: Bl.VI~.. ! 1.0s ANGEI.KS. C'AI.Ik'(1 GOBIERNO DE LOS ESTADOS UNlDOS COMISION DE IGUALDAD DE OPORTUNIDAD EN EL EMPLEO August 26, 1986 Charge No. 0948303 Honorable Mary H. Casler Mayor City of Carlsbad 1200 Elm Avenue Carl sbad, Calif orn:ia 92 0 0 8-19 89 Dear Ms. Casler: Enclosed is a copy of the fully executed Conciliation agreemer: approved on behalf of the Commission, in the above captioned c If we can be of further assistance to you, please contact us a above address. Sincerely, P,/L/--&i?i:- J/ J7 d,&.L4& / Juanita- Banks Equal Opportunity Specialist (Supervisor) Enclosure I \ITED STATES ( EQt AL t\IPt.O~ \fE\T OPPORTUSITY ab 0 9. lhh0 H I1 \111H~ B1 1 I) covisio\ nt !(,I ALIMD IN OPORT~ \ii)4!) t\ ti ivpi io IO\ 4\(#tif\.< \Ill (LIOBIERLO DF 10s t57A[)O\ I \ID()\ CONCILIATION AGREEMEfJT IN THE MATTER OF U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION and Charge No: 094830395 RESPONDENTCity of Carlsbad 1200 Elm Avenue Carlsbad, CA. 92008- it * * * * * * * * * An investigation having been made under the Age Discrimination ix Employment Act (ADEA) by the United States Equal Ernployvent Oppoi Commission (the Commission) and Letters of Violation having been issued, the parties do resolve and conciliate this matter as foll a) a Charge No: 094830395 Page No: 2 TABLE OF CONTENTS SECTION TITLE PAGE I. GENERAL PROVISIONS 3 11. RELIEF 4 111. SIGNATURES 5 (1)) a Charge No: 094830395 Page No: 3 PART I, GENERAL PROVISIONS 1. It is understood that this Agreement does not constitute an admission by the Respondcnt of any violation of ADEA provisioi 2. The Commission hereby waives, releases, and covenants not to L Respondent with respect to any matters pertaining to a mandatc retirement age, below age 708 for safety member employees subj to the former requirements of the Public Employees Retirement System. This waiver is subject to the performance by the ReSg dent of the promises and representations contained herein. TI Commission deems this Agreement to be fair and equitable and j hereby waives, releases and covenants not to sue Respondent with respect to any matter of specific relief conciliated in t Agreement: provided, however, that the Commission reserves all rights to proceed with respect to matters like and related to these matters but not covered by the terms of this Agreement. 3. Nothing ins this Agreement shall be construed to preclude any party hereto from bringing suit to enforce this Agreement in t event that there is a failure to perform the promises and repi senta t ions contained herein . 4. While no injured parties have been identified in this inves- tigation, nothing in this agreement shall be construed to deny any aggrieved individual his/her right to institute a private suit under the BD€A. 5, The Respondent agrees that it shall comply with all requiremer 6. The parties agree that there shall be no discrimination or the ADEA. retaliation of any kind against any person because of oppositj any practice declared unlawful under the ADEA, or participa- tion in any manner in any investigation, proceeding, or hearir under the ADEA. e W Charge No: 094830395 Page No: 4 REL I EF -- PART 11. 1. Respondent agrees that no employee in a safety member classi- fication will be mandatorily retired before the age of sevent (70) for reasons other than those medically related, 2. Respondent agrees to publicly announce to all eripioyees and potential employees that there is no mandatory retirement for safety member classifications before the age of seventy (70) The Respondent agrees to notify the Commission in writing within (30) days that all the relief provisions of this conciliation hav implemented. The Respondent agrees that the Commission may review compliance w this Agreement. As a part of such review the Commission may insp the premises at reasortable times, interview employees, and examin copy relevant documents, 0 m Charge No: 094830395 Page No: 5 PART 111. SIGNATURES I have read the foregoing Agreement, and I accept and agree to it: provisions : in,, dcc- DATE : . 13 /sf-( 9 I Signature / f Respondent MARY H. CASLER, Mayor City of Carlsbad Approved on Behalf of the Commission: t ^". . -/ & de ,&<&,,y&/ / &e" % /%# - DATE: / 9 -I I / 0 Q." // ' d t*i " LEtJNOkA L. GUARRAIA, Director Los Angeles District Office WRITE IT-DON”T SA Ir IT INTER-DEPARTMENT MEMORANDUB AM TO File DATE 8-15 19 86 PM Re: Conciliation Agreement with U.S. EEOC The original document was given to Ray Patchett this date, he to handle forwarding to EEOC. K. REPLY ON THIS SHEET FROM WILYE~: srnvice LLIE 4 i E"* 4) 0 I i CNITED STATES G EQUAL EMPLOYMENT OPPORTUNITY ( + ,I GOBIERWO DE LOS ESTADOS LYIDOS 3660 W'II \HIH1. 81 \ I), 105 \\(,FI 65. c \I It.( COMlSlON DE IGL'ALDAD DE OPORTbNIDAD EY EL EVPLEO CONCILIATION AGREEMENT IN THE MATTER OF U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION and Charge No: 094830395 RESPONDENTCity of Carlsbad 1200 Elm Avenue Carlsbad, CA. 92008- ********** An investigation having been made under the Age Discrimination in Employment Act (ADEA) 'by the United States Equal Employment Oppori Commission (the Commission) and Letters of Violation having been issued, the parties do resolve and conciliate this matter as follc 4b 0 ‘t Charge No: 094830395 Page No: 2 TABLE OF CONTENTS SECTION TITLE PAGE I. GENERAL PROVISIONS 3 11. RELIEF 4 111. SIGNATURES 5 4) 0 Charge No: 094830395 Page No: 3 PART I . GENERAL PROVISIONS 1. It is understood that this Agreement does not constitute an admission by the Respondent of any violation of ADEA provision 2, The Commission hereby waives, releases, and covenants not to si Respondent with res'pect to any matters pertaining to a mandato retirement age, below age 70, for safety member employees subjl to the former requirements of the Public Employees Retirement System. This waiver is subject to the performance by the Respc dent of the promises and representations contained herein. Thc Commission deems this Agreement to be fair and equitable and i hereby waives, releases and covenants not to sue Respondent with respect to any matter of specific relief conciliated in tl Agreement; provided, however, that the Commission reserves all rights to proceed with respect to matters like and related to these matters but not covered by the terms of this Agreement. 3. Nothing in this Agreement shall be construed to preclude any party hereto from bringing suit to enforce this Agreement in tl event that there is a failure to perform the promises and reprc sentations contained herein. 4. While no injured parties have been identified in this iaves- tigation, nothing in this agreement shall be construed to deny any aggrieved individual his/her right to institute a private suit under the ADEA, 5. The Respondent agrees that it shall comply with all requirement the ADEA. 6. The parties agree that there shall be no discrimination or ret'aliation of any kind against any person because of oppositic any practice declared unlawful under the ADEA, or participa- tion in any manner in any investigation, proceeding, or hearins under the ADEA. ab 0 d Charge No: 094830395 Page No: 4 PART 11. RELIEF 1. Respondent agrees that no employee in a safety member classi- fication will be mandatorily retired before the age of seventy (70) for reasons other than those medically related. 2. Respondent agrees to publicly announce to all emsloyees and potential employee<s that there is no mandatory retirement for safety member classifications before the age of seventy (70). The Respondent agrees to notify the Commission in writing within t (30) days that all the relief provisions of this conciliation have implemented. The Respondent agrees that the Commission may review compliance wi this Agreement. As a part of such review the Commission may inspe the premises at reasonable times, interview employees, and examine copy relevant documents. J 0 e Charge No: 094830395 Page No: 5 PART 111. SIGNATURES I have read the foregoing Agreement, and I accept and agree to its provisions : DATE : L. /3 i?&q 7- % d"&L Signature / f Respondent MARY H. CASLER, Mayor City of Carlsbad Approved on Behalf of the Commission: - DATE : LEONORA L. GUARRAIA, Director Los Angeles District Office