Below is the Consent Decree from EEOC vs Information Systems Consulting, as reproduced (rekeyed) by yours truly. All known grammerical anonmallies are faithful reproductions from the original text. Any others were inadvertantly added during reproduction. Some identifying information has been censored for personal privacy reasons.
[ Court Filing Stamp ]
UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
EQUAL EMPLOYMENT OPPORTUNITY }
COMMISSION, }
}
Plaintiff, } CIVIL ACTION NO.
}
v. } CA3-92-0169-T
}
INFORMATION SYSTEMS CONSULTING, }
A DIVISION OF DIVERSIFIED }
HUMAN RESOURCES GROUP, }
}
Defendant }
}
}
CONSENT DECREE
This action was initiated on January 27, 1992, by the
plaintiff, the Equal Employment opportunity Commission (hereinafter
the "Commission"), an agency of the United States Government,
alleging that the defendant, Information Systems Consulting, A
Division of Diversified Human Resources Group, had violated Title
VII of the Civil Rights Act of 1964, as amended, by terminating
Bruce Hanson because of his refusal to obtain a social security
number after Mr. Hanson advised the defendant that obtaining or
using a social security number was in conflict with his religious
beliefs.
The Commission and Information Systems Consulting, A Division
of Diversified Human Resources Group desire to settle this action,
and therefore, do hereby stipulate and consent to the entry of his
Consent Decree as final asd binding between the parties signatory
hereto and their successors or assigns. This Decree resolves all
matters related to Complaint CA3-92-0169-T filed in the United
States District Court for the Northern District of Texas, Dallas
Division. The parties have agreed that this Decree may be entered
without Findings of Fact and Conclusions of Law having been made
and entered by the Court.
In consideration of the mutual promises of each party to this
Decree, the sufficiency of which is hereby acknowledged, the
Commission and Information Systems Consulting, A Division of
Diversified Human Resources Group agree as follows, the Court finds
appropriate, and therefore it is ORDERED, ADJUDGED AND DECREED
that:
1. This Decree reolves all issues raised in the EEOC charge
No. 310-89-2438. This Decree further resolves all issues in the
Complaint filed by the Commission in this case. The Commission
waives further litigation on all issues raised in the above
referenced charge and Complaint. The Commission does not waive
processing or litigating charges other than the charge referred to
above.
2. The parties agree and the Court finds that this Court has
jurisdiction of the subject matter of this action and of the
parties, that venue is proper, and that all administrative
prerequisites to filing suit have been satisfied.
3. By entering into this Decree, the parties have not
admitted any contentions regarding the allegations on the merits of
this cause of action. No party shall contest the validity of this
Decree nor the jurisdiction of the federal district court to
enforce its Decree and its terms or the right of any party to bring
an enforcement suit upon breach of any of the terms of this Decree
by any other party. Jurisdiction over this action is retained by
the Court for the purpose of enabling any of the parties to this
Consent Decree to apply to the Court at any time for such further
order and directions as may be necessary or appropriate for the
construction or implementation of the Decree or any of its
provisions, or for the enforcement or compliance therewith.
4. This Decree is being issued with the consent of the
parties and does not constitute an adjudication or finding by this
Court on the merits of the allegations of the complaint. By
entering into this Decree, Information Systems Consulting, A
Division of Diversified Human Resources Group, does not admit, nor
has this Court made any determination with respect to, the claims
that there have been any violations of Title VII or any other
statute, regulations or ordinance promulgated by any federal, state
or local agency dealing with discrimination, by Information Systems
Consulting, A Division of Diversified Human Resources Group.
Nothing contained in this Decree shall be construed as an
admissions of liability on the part of the defendant.
5. The defendant, Information Systems Consulting, A Division
of Diversified Human Resources Group, in settlement of this
dispute, shall make an award of backpay in the amount of $10,000.00
to Bruce Hanson. The award shall be paid as follows:
(a) a payment of $3,500.00 shall be made upon entry of the
Consent Decree;
(b) a payment of $3,500.00 shall be made four months after
the entry of the Consent Decree;
(c) a payment of $3,000.00 shall be made eight (8) months after
the entry of the Consent Decree.
6. The defendant shall make legal deductions for withholding
of Federal income taxes and the employee portion of social security
from the backpay checks. The defendant shall include with the
check, an itemized statement indicating specific amounts paid and
deductions made. All W-2 forms shall be provided as required by
law.
7. The defendant shall make all employer contributions to
social security as required by law on the back wages to be paid to
Bruce Hanson pursuant to this Consent Decree.
8. The defendant, Information Systems Consulting, A Division
of Diversified Human Resources Group, shall be permanently enjoined
from terminating an employee or rufusing to hire an individual for
failure to provide a social security number because of religious
beliefs. If an employee or applicant for employment advises the
defendant that he does not have a social security number because of
his religious beliefs, the defendant shall request, pursuant to
Section 6724 of the Internal Revenue Service Code, 26 U.S.C. §
6724, a waiver of any penalties that may be imposed for failing to
include an employee social security number on forms and documents
submitted to the IRS. In the event the waiver is granted the
employee shall be treated the same as all other employees.
9. For a period of two (2) years from the entry of this
Decree the defendant shall provide a report to the Equal Employment
Commission of all applicants or employees who refuse to prowide a
social security number because of religious beliefs. The
Commission shall be notified within ten (10) days of the date the
defendant is notified that the individual does not have a social
security number because of religious beliefs. The defendant shall
advise the Commission of the date the IRS waiver was requested and
the outcome of the request. The reports shall be directed to:
Jeffrey C. Bannon
Regional Attorney
Equal Employment Opportunity Commission
8303 Elmbrook Drive, 2nd Floor
Dallas, Texas 75247
10. Bruce Hanson hereby specifically and voluntarily waives
any right to reinstatement.
11. Bruce Hanson hereby agrees to release the defendant from
all claims, demands, damages and causes of action arising from the
allegations in charge number 310 89 2438 and agrees that this
Consent Decree resolves all issues arising out of the claims
alleged in charge number 310 89 2438.
12. The defendant shall post the notice attached as Exhibit
A in a conspicuous place for sixty (60) days from entry of this
decree.
13. The parties agree to pay their own costs.
SO ORDERED, ADJUDGED AND DECREED this 30 day of October,
1992.
[signed]
UNITED STATES DISTRICT JUDGE FOR
THE NORTHERN DISTRICT OF TEXAS
AGREED TO IN FORM AND CONTENT
FOR THE EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION:
[signed]
DONALD R. LIVINSTON
General Counsel Bruce Hanson
[Street Address]
PHILLIP B. SKLOVER [City, State, Zip]
Associate General Counsel
[signed]
JEFFREY C. BANNON
Regional Attorney
Connecticut State Bar No. [######]
[signed]
KATHERINE E. BISSELL
Supervisory Trial Attorney
Texas State Bar No. [########]
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
Dallas District Office
8303 Elmbrook Drive, 2nd Floor
Dallas, Texas 75247
(214) 767-7948
[signed]
Mr. Dan Hartsfield
Ms. T. Michele Baird
Gardere & Wynne
A Registered Limited Liability Partnership
3000 Thanksgiving Tower
1601 Elm Street
Dallas, Texas 75201-4761
[signed]
Billie Tapp, President
Information Systems Consulting
(all emphasis original) I obtained a paper copy of this decree by contacting the District Court in Dallas at 214-767-0787, asking for the "Records" division, and referring to "CA3-92-0169-T". I then explained what part of this case I wanted, and was told to send a self addressed 55-cent stamped envelope to
Attn: Records referring to a couple of pieces of info they gave me over the phone, with a check to cover the cost of copying (50 cents/page). I had it less then a week later. UPDATE: May 13, 1999 - One visitor claims to have attempted to obtain a copy of this case by following the above, but was told it couldn't be found. I have therefore scanned the first page of 108 that make up this case made it available HERE. (I scratched out the attorneys signature as I consider it personal property & shouldn't be posted on the net). Feel free to use it to assist in their search.
All information presented here is done so under the protection of the First, Fourth, Ninth, and Tenth Amendment of the United States Constitution, and article I section 2 of the Constitution of the Commonwealth of Pennsylvania. Furthermore, as established in the famous trial of William Penn in August 1670, and contrary to the unlawful instructions given by most American judges, in addition to judging the facts of a case, juries also have the right and duty to pass judgement on the law (meaning they may acquit a violator of the law if they believe the law in question is unconstitutional, immoral, just plain stupid, or if the penalty is deemed too harsh). Juries are also lawfully free to vote according to their conscience, above all other considerations. |
