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`Anna Y. Park, SBN 164242
`anna.park@eeoc.gov
`Nakkisa Akhavan, SBN 236260
`nakkisa.akhavan@eeoc.gov
`Taylor Markey, SBN 319557
`taylor.markey@eeoc.gov
`U.S. EQUAL EMPLOYMENT
`OPPORTUNITY COMMISSION
`255 East Temple Street, Fourth Floor
`Los Angeles, CA 90012
`Telephone: (213) 422-8396
`Facsimile: (213) 894-1301
`
`Attorneys for Plaintiff
`U.S. EQUAL EMPLOYMENT
`OPPORTUNITY COMMISSION
`
`[Additional Counsel Listed on Next Page]
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`
`CASE NO. 2:21-CV-07682 DSF-JEM
`[PROPOSED] CONSENT DECREE
`
`
`
`U.S. EQUAL EMPLOYMENT
`OPPORTUNITY COMMISSION,
`Plaintiff,
`
`vs.
`ACTIVISION BLIZZARD, INC.,
`BLIZZARD ENTERTAINMENT,
`INC., ACTIVISION PUBLISHING,
`INC., and KING.COM, INC.,
`inclusive,
`
`
`
`Defendants.
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`
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`LEGAL_US_W # 109560524.1
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`CONSENT DECREE
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`

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`Case 2:21-cv-07682-DSF-JEM Document 11-1 Filed 09/27/21 Page 3 of 53 Page ID #:35
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`PAUL HASTINGS LLP
`ELENA R. BACA (SB# 160564)
`elenabaca@paulhastings.com
`FELICIA A. DAVIS (SB# 266523)
`feliciadavis@paulhastings.com
`
`515 South Flower Street
`Twenty-Fifth Floor
`Los Angeles, California 90071-2228
`Telephone: 1(213) 683-6000
`Facsimile: 1(213) 627-0705
`PAUL HASTINGS LLP
`RYAN D. DERRY (SB# 244337)
`ryanderry@paulhastings.com
`101 California Street
`Forty-Eighth Floor
`San Francisco, California 94111
`Telephone: 1(415) 856-7000
`Facsimile: 1(415) 856-7100
`Attorneys For Defendants
`ACTIVISION BLIZZARD, INC., BLIZZARD
`ENTERTAINMENT, INC., ACTIVISION
`PUBLISHING, INC., and KING.COM, INC.
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`LEGAL_US_W # 109560524.1
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`CONSENT DECREE
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`Plaintiff U.S. Equal Employment Opportunity Commission (the “EEOC”)
`and Activision Blizzard, Inc. (“Activision Blizzard”), Activision Publishing, Inc.
`(“Activision Publishing”), Blizzard Entertainment, Inc. (“Blizzard”), and King.com,
`
`Inc. (“King”) (collectively, and including their respective subsidiaries with
`employees in the United States, “Defendants”), collectively referred to as “the
`Parties,” hereby stipulate and agree to entry of this Consent Decree (the “Decree”)
`to fully and finally resolve any allegations contained in the Complaint filed by the
`EEOC in EEOC v. Activision Blizzard, Inc., et al., with Case No. 2:21-CV-07682
`DSF-JEM (“Action”).
`RECITALS AND BACKGROUND
`I.
`Plaintiff filed this Action in the United States District Court, Central District
`of California, for violation of Title VII of the Civil Rights Act of 1964 (“Title
`VII”); in EEOC v. Activision, et al., with Case No. 2:21-CV-07682 DSF-JEM (the
`“Action”). The Action alleges that Defendants engaged in unlawful employment
`practices by subjecting employees, individuals, or a group of individuals to sexual
`harassment, pregnancy discrimination and/or related retaliation in violation of
`Sections 703(a) and 704(a) of Title VII 2000e-2(a), 2000e-3(a).
`Activision Publishing and its related subsidiaries and companies with
`employees in the United States, Blizzard and its related subsidiaries and companies
`with employees in the United States, and King and its related subsidiaries and
`companies with employees in the United States, are wholly owned subsidiaries of
`Activision Blizzard. Since 2016 and through the present, Activision Publishing,
`Blizzard, and King maintained separate workforces in distinct office locations.
`Blizzard also maintained human resources and personnel functions separate from
`those of Activision Blizzard and Activision Publishing until August 2019. Prior to
`his departure in late 2018, Blizzard’s Chief Executive Officer was co-founder
`Michael Morhaime.
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`LEGAL_US_W # 109560524.1
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`CONSENT DECREE
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`Defendants expressly deny that they subjected any individual or group of
`individuals to sexual harassment, pregnancy discrimination and/or related
`retaliation, deny all allegations of wrongdoing, liability, damages and entitlement to
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`other relief set forth in the Action whether arising under Title VII or analogous state
`and local laws, deny any group or systemic discrimination or harassment, and deny
`that any of their policies and procedures are inadequate. However, the Parties
`recognize that through this Decree the Parties can avoid the expense, distraction and
`possible litigation associated with such a dispute and thus the Parties wish to
`resolve all issues through this Decree.
`PURPOSES AND SCOPE OF THE DECREE
`II.
`In the interest of resolving this matter, the Parties have agreed that this
`Action should be finally settled by entry of this Decree, and all claims, including
`those arising out of any of the same factual predicates as those implicated by the
`Action, will be fully and completely resolved by this Decree. This Decree shall be
`binding on and enforceable against Defendants, as well as their parents,
`subsidiaries, officers, directors, agents, successors, and assigns. The scope of this
`Decree includes all United States operations and United States-based employees of
`all Defendants, unless otherwise indicated.
`The Parties have entered into this Decree for the following purposes:
`To provide appropriate monetary and injunctive relief;
`A.
`B.
`To ensure that Defendants’ employment practices comply with
`pertinent laws regarding sexual harassment, pregnancy discrimination
`and related retaliation throughout the Decree term;
`To ensure that Defendants maintain workplaces free of sexual
`harassment, pregnancy discrimination and related retaliation
`throughout the Decree term;
`
`C.
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`LEGAL_US_W # 109560524.1
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`CONSENT DECREE
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`Case 2:21-cv-07682-DSF-JEM Document 11-1 Filed 09/27/21 Page 6 of 53 Page ID #:38
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`D.
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`E.
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`F.
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`To ensure that Defendants take reasonable steps to prevent and correct
`sexual harassment, pregnancy discrimination and related retaliation
`throughout the Decree term;
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`To review and update Defendants’ policies, practices, and procedures
`with respect to discrimination, harassment and related retaliation;
`To review and ensure effective training for Defendants’ employees,
`managers, supervisors, and human resources personnel with respect to
`the pertinent laws regarding gender discrimination, harassment and
`related retaliation throughout the Decree term;
`To ensure proper accountability and appropriate and effective handling
`of complaints of sexual harassment, pregnancy discrimination and
`related retaliation throughout the Decree term;
`To ensure appropriate review, record keeping, and reporting related to
`sexual harassment, pregnancy discrimination and related retaliation in
`Defendants’ workplaces throughout the Decree term; and
`To avoid the time, expense, and uncertainty of possible litigation and
`to address the findings made by the EEOC in its Letter of
`Determination.
`III. DEFINITIONS
`“Action” is U.S. Equal Employment Opportunity Commission v.
`A.
`Activision Blizzard, Inc., et al.; Case No. 2:21-CV-07682 DSF-JEM.
`“Plaintiff” is the U.S. Equal Employment Opportunity Commission.
`“Defendants” are Activision Blizzard, Inc., Activision Publishing, Inc.,
`Blizzard Entertainment, Inc., and King.com, Inc. including their
`respective subsidiaries with employees in the United States.
`“Potential Claimant” is an individual who was an employee at any of
`Defendants at any time since September 1, 2016.
`
`G.
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`H.
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`I.
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`B.
`C.
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`D.
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`CONSENT DECREE
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`E.
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`F.
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`G.
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`H.
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`I.
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`J.
`K.
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`L.
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`M.
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`N.
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`“Claimant” is a Potential Claimant who timely submits a Claim Form
`to the Claims Administrator.
`“Claims Administrator” is an independent company responsible for
`
`handling administration of the claims process in accordance with
`Section IX.B.1.
`“Claim Form” is the form developed by the EEOC in accordance with
`Section IX.B.4.c. to determine whether a Claimant will be designated
`as an Eligible Claimant.
`“Court” is the United States District Court for the Central District of
`California.
`“Cy Pres Fund” are those amounts not distributed from the Settlement
`Fund to Eligible Claimants.
`“Decree” is this Consent Decree.
` “Distribution List” is the list of Eligible Claimants and the amount to
`be paid to each.
`“EEO Consultant” is the third-party Equal Employment Opportunity
`Consultant agreed to by the Parties and prescribed in Section XII.A.
`“EEOC” is the United States Equal Employment Opportunity
`Commission.
`“Eligible Claimant” is a Claimant who, in the EEOC’s sole discretion,
`meets all of the following requirements: (i) was employed by
`Defendants at any time from September 1, 2016 to the Effective Date;
`and (ii) based on the EEOC’s assessment could assert a claim for
`sexual harassment, pregnancy discrimination, retaliation and/or
`constructive discharge by Defendants. Such Eligible Claimants will be
`eligible for monetary relief from the Settlement Fund, as determined
`by the EEOC.
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`LEGAL_US_W # 109560524.1
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`CONSENT DECREE
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`O.
`P.
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`Q.
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`“Effective Date” is the date this Decree is entered by the Court.
`“List of Potential Claimants” is a list of each current and former
`employee who worked for any Defendant at its United States locations
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`from September 1, 2016 to the Effective Date.
`“Notice of Settlement” is the notice prepared by the EEOC to advise
`Potential Claimants of the fact and terms of the Decree, the required
`procedure, and the deadline to submit a Claim Form.
` “Settlement Fund” is the escrow account into which Defendants will
`cause to be deposited the sum of $18,000,000 for distribution in
`accordance with the terms of this Decree.
`“Title VII” is Title VII of the Civil Rights Act of 1964, 42 U.S.C.
`sections 2000e, et seq.
`IV. RELEASE OF CLAIMS
`A.
`The Parties agree that this Decree completely and finally resolves all
`allegations, issues, and claims raised by the EEOC against Defendants
`made in the Action, including Charge Number 480-2018-05212.
`B. Nothing in this Decree is, nor should be construed as, an admission of
`wrongdoing or liability by Defendants either in this proceeding or in
`any other proceeding.
`C. Nothing in this Decree constitutes, nor should be construed as
`constituting, the imposition of any penalty against Defendants.
`D. Nothing in this Decree will be construed to limit or reduce Defendants’
`obligation to comply fully with Title VII or any other federal
`employment statute.
`E. Nothing in this Decree shall be construed to preclude the EEOC from
`enforcing this Decree in the event that Defendants fail to perform the
`promises and representations contained herein.
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`R.
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`S.
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`F.
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`V.
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`This Decree in no way affects the EEOC’s right to bring, process,
`investigate, or litigate charges that may be in existence or may later
`arise against Defendants other than claims brought in this Action.
`
`JURISDICTION
`A.
`The Court has complete jurisdiction over the Parties and the subject
`matter of this litigation. See 29 U.S.C. § 626(b). The Action asserts
`claims that, if proven, would authorize the Court in its discretion to
`grant the equitable relief set forth in this Decree. The terms and
`provisions of this Decree are fair, reasonable, and just. This Decree
`conforms to the Federal Rules of Civil Procedure and Title VII and is
`not in derogation of the rights or privileges of any person.
`The Court will retain jurisdiction of this Action during the duration of
`the Decree for the purposes of entering all orders, modifications,
`judgments, and decrees that may be necessary to implement the relief
`provided herein.
`C. Only the EEOC may enforce compliance with this Decree.
`VI. EFFECTIVE DATE AND DURATION OF DECREE
`A.
`The provisions and agreements contained herein are effective
`immediately upon the date which this Decree is entered by the Court
`(the Effective Date).
`Except as otherwise provided herein, this Decree will remain in effect
`for three (3) years after the Effective Date and will expire by its own
`terms at the end of the thirty-sixth (36th) month from the Effective
`Date without further action by the Court, the EEOC, or Defendants.
`VII. MODIFICATION AND SEVERABILITY
`A.
`This Decree constitutes the complete understanding of the Parties with
`respect to the matters contained herein. No waiver, modification, or
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`B.
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`B.
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`LEGAL_US_W # 109560524.1
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`CONSENT DECREE
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`C.
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`B.
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`amendment of any provision of this Decree will be effective unless
`made in writing and signed by an authorized representative of each of
`the Parties.
`
`If one or more provisions of the Decree are rendered unlawful or
`unenforceable, the Parties will make good faith efforts to agree upon
`appropriate amendments in order to effectuate the purposes of the
`Decree. If any provision of the Decree is rendered unlawful or
`unenforceable, the remaining provisions will remain in full force and
`effect unless the purposes of the Decree cannot, despite the Parties’
`best efforts, be achieved.
`By mutual written agreement of the Parties, this Decree may be
`amended or modified in the interests of justice and fairness in order to
`effectuate the provisions herein.
`VIII. COMPLIANCE AND DISPUTE RESOLUTION
`A. EEOC Review Regarding Compliance
`Defendants agree that the EEOC can review compliance with this Decree.
`The EEOC may request from the EEO Consultant a copy of any document received
`or created by the EEO Consultant as a result of the EEO Consultant’s duties as
`described in this Decree. The EEOC may request from the Internal EEO
`Coordinator, as defined in Section XII.B., a copy of any document created by the
`Internal EEO Coordinator as a result of the Internal EEO Coordinator’s duties as
`described in this Decree. The EEOC may request from the Claims Administrator a
`copy of any document received or created by the Claims Administrator as a result
`of the Claims Administrator’s duties as described in this Decree. The EEOC may
`request that Defendants permit the EEOC to interview employees, including those
`selected by the EEOC, or inspect Defendants’ records provided, however, that
`Defendants’ attorneys may be present during any interview of a member of
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`LEGAL_US_W # 109560524.1
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`CONSENT DECREE
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`management or any person who possesses privileged information regarding the
`topic of the interview. Defendants will comply with any such request to review,
`interview, or inspect within thirty (30) days of the EEOC’s request, unless
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`otherwise agreed by the Parties.
`B. Non-Compliance
`The Parties expressly agree that if Defendants have failed to comply with any
`provision of this Decree, the EEOC may seek to enforce this Decree, seeking all
`available relief, including an extension of the term of the Decree, the EEOC’s costs
`and any attorneys’ fees incurred in securing compliance with the Decree, additional
`monetary relief, additional injunctive relief, and/or any other relief the Court deems
`appropriate.
`Prior to initiating such action, the EEOC will notify Defendants and their
`legal counsel of record, in writing, of the nature of the dispute. This notice shall
`specify the particular provision(s) that the EEOC believes Defendants have violated
`or breached. Defendants shall have sixty (60) days from receipt of such written
`notice to attempt to resolve or cure the 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 EEOC notice.
`IX. MONETARY RELIEF AND CLAIMS ADMINISTRATION
`A. Establishing a Settlement Fund and General Provisions
`1.
`Defendants will provide a total fund of $18,000,000 to be
`available to Eligible Claimants to resolve this Action. Within
`thirty (30) calendar days of the Effective Date, Defendants will
`cause that sum to be deposited into the Settlement Fund and
`provide the EEOC with written verification of that funding
`within seven (7) calendar days of deposit.
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`LEGAL_US_W # 109560524.1
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`CONSENT DECREE
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`Case 2:21-cv-07682-DSF-JEM Document 11-1 Filed 09/27/21 Page 12 of 53 Page ID #:44
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`2.
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`3.
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`The Settlement Fund will be distributed to the Eligible
`Claimants and, as applicable, to the Cy Pres Fund in accordance
`with the terms of this Decree.
`
`The EEOC has full and complete discretion under the terms of
`this Decree to determine who is an Eligible Claimant meeting
`the requirements of eligibility for payment and the amount and
`characterization of such payments as income, wages or
`otherwise, as hereinafter described in this Decree.
`B. Claims Administration
`1.
`Claims Administrator Selection and Approval
`Within thirty (30) calendar days of the Effective Date, Defendants will hire
`and appoint a Claims Administrator, approved by the EEOC, to oversee the claims
`process and payments to Eligible Claimants as directed by the EEOC. If the Claims
`Administrator initially appointed by Defendants thereafter declines to serve or to
`carry out its duties under this Decree, Defendants will have ten (10) business days
`to notify the EEOC in writing of the need for a replacement Claims Administrator
`and will provide the EEOC with the name of a new Claims Administrator for
`approval by the EEOC. If the EEOC objects to the appointment of the new Claims
`Administrator identified by Defendants, the Parties will meet and confer until they
`reach mutual agreement on a replacement Claims Administrator. In the absence of
`an agreement of the parties, the EEOC may appoint a Claims Administrator.
`2.
`Responsibility for Claims Administrator’s Fees and Costs
`Defendants will pay all costs associated with the selection and retention of
`the Claims Administrator as well as the performance of the Claims Administrator’s
`duties under this Decree.
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`CONSENT DECREE
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`3.
`Claims Administrator’s Duties and Responsibilities
`The Claims Administrator will work with the EEOC and Defendants to carry
`out the terms of the Decree. The Claims Administrator will be responsible for:
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`(a) establishing, within fifteen (15) calendar days of being appointed, an interest-
`bearing account to hold in trust the Settlement Fund and notifying the EEOC and
`Defendants when the account is established and ready for deposit of the Settlement
`Fund; (b) receiving and holding the Settlement Fund in trust, until distribution;
`(c) establishing an informational website accessible to the Parties and Potential
`Claimants; (d) establishing an email address, mobile phone number, and/or other
`digital means of contact accessible to Potential Claimants to submit questions and
`Claim Forms; (e) establishing a toll-free telephone number accessible to Potential
`Claimants; (f) responding to information requests from Potential Claimants;
`(g) sending notices and Claim Forms to Potential Claimants; (h) obtaining updated
`addresses for Potential Claimants and re-mailing returned notices; (i) receiving and
`processing Claim Forms as provided in the Decree; (j) communicating, receiving,
`and processing documents from and with Claimants and Eligible Claimants;
`(k) sending notices of ineligibility to those Claimants determined by the EEOC not
`to be Eligible Claimants; (l) issuing payments to Eligible Claimants in accordance
`with the final Distribution List provided by the EEOC; (m) calculating withholding
`and payroll taxes and issuing tax reporting forms to each Eligible Claimant who
`receives a settlement payment; (n) depositing the employer-share of payroll taxes
`with the appropriate taxing authorities; (o) filing tax returns and issuing IRS Form
`W-2’s and 1099’s with respect to the Settlement Fund; (p) communicating as
`necessary with the EEOC and Defendants; (q) tracking all necessary data regarding
`contact with Potential Claimants, Claimants, and Eligible Claimants; (r) reissuing
`checks where required in consultation with the EEOC; (s) final distribution of the
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`LEGAL_US_W # 109560524.1
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`CONSENT DECREE
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`Settlement Fund; and (t) final distribution of the Cy Pres Fund and the Diversity
`and Inclusion Fund, if any.
`4.
`Claims Process and Distribution of Settlement Fund
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`a. Website, Email Address, and Toll-Free Telephone
`Number
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`Within thirty (30) calendar days after being retained, the Claims
`Administrator will: (i) establish a website that will be accessible to the Parties and
`Potential Claimants; (ii) establish an email address for purposes of communicating
`with Potential Claimants by email; and (iii) establish a toll-free telephone number
`that will be accessible to Potential Claimants. The website and/or email address
`will be set up so that Potential Claimants may obtain and submit a Claim Form
`electronically.
`Information posted on the website and available on a recorded message on
`the toll-free telephone number will be limited to the general information included in
`the Notice of Settlement sent to Potential Claimants or updated information as to
`status of the claim process (e.g., claim-filing deadline; projected distribution date
`when known). The website will provide information regarding the Settlement Fund
`and how to complete the Claim Form. The website shall include an embedded
`Claim Form and the Claim Form shall also be available for download by Potential
`Claimants. The website shall also explain how Potential Claimants can seek
`assistance in completing the Claim Form.
`List of Potential Claimants
`b.
`Within thirty (30) calendar days of the Effective Date, Defendants will
`provide the Claims Administrator with a list of each current and former employee
`who worked for any Defendant at its United States locations from September 1,
`2016 to the Effective Date (“List of Potential Claimants”). For each individual on
`the List of Potential Claimants, Defendants will provide the following information
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`LEGAL_US_W # 109560524.1
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`-11-
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`CONSENT DECREE
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`Case 2:21-cv-07682-DSF-JEM Document 11-1 Filed 09/27/21 Page 15 of 53 Page ID #:47
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`from its records, to the extent known by Defendants: (a) full name, including all
`known prior names or aliases; (b) last known address; (c) date of birth; (d) social
`security number; (e) employee identification number, if any, and if different from
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`the employee’s Social Security Number; (f) last known telephone numbers; (g) last
`known email addresses; (h) dates of employment at any of the Defendants by
`employer to the extent possible; and (i) any relevant documents or information
`related to the claims for the EEOC to consider.
`Notice of Settlement and Claim Form
`c.
`After the Claims Administrator is retained, the EEOC will provide the
`Claims Administrator with the following forms: (a) Notice of Settlement and
`(b) Claim Form. The EEOC will afford Defendants an opportunity to provide input
`on the Notice of Settlement and Claim Form, but EEOC will make the final
`determination regarding the form and contents of these documents.
`d. Mailing Notice of Settlement, Claim Form, and
`Utilization of Media
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` Upon receipt of the List of Potential Claimants from Defendants, the Claims
`Administrator will first utilize available resources including a database search to
`update email addresses and addresses. Using the updated addresses, the Claims
`Administrator will mail via USPS Priority Mail and email the Notice of Settlement,
`the Claim Form, and a return envelope addressed to the Claims Administrator to
`each Potential Claimant not later than twenty-eight (28) calendar days after the
`Claims Administrator receives the Notice of Settlement and Claim Form. The
`Claims Administrator will provide to the EEOC a roster of the U.S. mail (sent via
`USPS Priority Mail) and email transmissions no later than ten (10) calendar days
`after they are completed.
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`LEGAL_US_W # 109560524.1
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`-12-
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`CONSENT DECREE
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`Case 2:21-cv-07682-DSF-JEM Document 11-1 Filed 09/27/21 Page 16 of 53 Page ID #:48
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`Return Mail Handling
`e.
`For each mailing to a Potential Claimant that is returned as undeliverable, the
`Claims Administrator will, within ten (10) calendar days: (1) research the Potential
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`Claimant’s most-recent address, using best efforts and a database search to locate
`the Potential Claimant; and (2) (a) resend the Notice of Settlement, Claim Form,
`and cover letter to the new or different address via USPS Priority Mail if a new or
`different address is obtained, or (b) advise the EEOC of the efforts taken to locate
`the Potential Claimant if no new or different address is obtained. The Claims
`Administrator will make no more than two (2) attempts to locate a Potential
`Claimant whose mailing is returned as undeliverable and in no event will any re-
`mailing of the Notice of Settlement and Claim Form occur more than six (6)
`months later than the Effective Date unless the EEOC determines a re-mailing is
`needed to advance the interest of the terms of this Decree.
`Claim Filing Deadline
`f.
`Potential Claimants who believe they are entitled to an award from the
`Settlement Fund may submit a Claim Form. A Potential Claimant’s final Claim
`Form filing deadline will be the later of one hundred twenty (120) calendar days
`after the Notice of Settlement and the Claim Form are originally mailed to that
`Potential Claimant, or one hundred twenty (120) calendar days after the date the
`Notice of Settlement and the Claim Form are re-mailed to that Potential Claimant.
`Claim Forms postmarked or submitted electronically to the Claims Administrator
`within these periods will be considered timely. However, Claim Forms that are
`received after the aforementioned time periods may be considered by the EEOC at
`its sole discretion.
`Claim Form Evaluation
`g.
`The EEOC and Defendants will discuss the general criteria for scoring claims
`made through Claim Forms. The Claims Administrator will provide to the EEOC
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`LEGAL_US_W # 109560524.1
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`-13-
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`CONSENT DECREE
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`Case 2:21-cv-07682-DSF-JEM Document 11-1 Filed 09/27/21 Page 17 of 53 Page ID #:49
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`electronically all of the Claim Forms and accompanying information submitted by
`each Claimant for the EEOC’s use in assessing who is an Eligible Claimant. The
`EEOC has sole discretion in determining the scoring criteria, eligibility, and
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`monetary relief amounts for each Claimant. In order to determine each Claimant’s
`eligibility, the EEOC will review the information in the Claims Form and determine
`if the individual: (i) was employed by any Defendant or any Defendant Entity from
`September 1, 2016 to the Effective Date; (ii) based on the EEOC’s assessment,
`could assert a claim for sexual harassment, pregnancy discrimination and/or related
`retaliation or constructive discharge by Defendants; and (iii) experienced a harm.
`Such Claimants may be eligible for monetary relief from the Settlement Fund, as
`determined by the EEOC. The EEOC will also consider whether or not the
`Claimant is precluded from seeking relief due to a prior settlement and/or judgment
`and assess documents provided by Defendants to the Claims Administrator. The
`Claims Administrator will work with the Defendants to secure relevant documents
`including any prior releases signed by Eligible Claimants for the EEOC to consider
`in its assessment. Defendants agree that the EEOC’s determination of these issues
`is final.
`The EEOC shall provide Defendants one or more lists of Eligible Claimants
`including their names, current addresses, the amount to be paid to each, the
`classification of such amounts to be paid, and any additional relevant identifying
`information (“Distribution List”). The EEOC, based upon the claims process, will
`submit subsequent Distribution Lists. The EEOC also will provide the Claims
`Administrator with a Notice of Ineligibility for any Claimants whom the EEOC
`determines are not eligible for payments from the Settlement Fund.
`Notices to Eligible Claimants
`h.
`Upon receiving the Distribution List(s) from the EEOC, the Claims
`Administrator will mail via USPS Priority Mail to each Eligible Claimant on the
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`LEGAL_US_W # 109560524.1
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`-14-
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`CONSENT DECREE
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`Case 2:21-cv-07682-DSF-JEM Document 11-1 Filed 09/27/21 Page 18 of 53 Page ID #:50
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`EEOC’s approved Distribution List(s) a Notice of Eligibility and Claim Share
`Amount, a release of claims form, and a return envelope addressed to the Claims
`Administrator. All Eligible Claimants, shall be provided an opportunity to consult
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`an independent attorney to advise on the release of claims to which the EEOC is not
`a party. Defendants shall pay for up to one hour of attorney consultation to advise
`on the release of claims, at the rate of $450/hour, for each Eligible Claimant. The
`EEOC shall provide a list of recommended plaintiff attorneys for an Eligible
`Claimant to consult.
`To each Claimant determined to be ineligible, the Claims Administrator will
`mail a Notice of Ineligibility, and a return envelope addressed to the Claims
`Administrator.
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`Receiving Acceptance and Release
`i.
`The Claims Administrator will receive, track, and hold all documents
`submitted by mail, in person, or electronically, and will provide to the Parties
`access to all documents related to the claims process.
`Unaccepted Eligible Claimants’ Shares
`j.
`If an Eligible Claimant (to whom the Claims Administrator has sent a Notice
`of Eligibility and Claim Share Amount) does not return the relevant documents as
`required by the Notice of Eligibility and Claim Share Amount, the Eligible
`Claimant may be deemed to have rejected the claim share. Howev