COMMONWEALTH OF MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION SETTLEMENT AGREEMENT

Transcription

1 r COMMONWEALTH OF MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION Complainant 1 1 v. 1 MCAD DOCKET NO.:- Commonwealth of Massachusetts ) Massachusetts Highway Department,) Respondent ) ) SETTLEMENT AGREEMENT This Settlement Agreement and Release (the "Agreement") is entered this day of January, 2011 by and between (the "Complainant') and the Massachusetts Department of Transportation, Highway Division, successor to the Commonwealth of Massachusetts, Massachusetts Highway Department (the "Respondent"). 93 On or about September 14,2005, the Complainant filed a complaint with the Massachusetts Commission Against Discrimination ("MCAD") charging, inter alia, that the Respondent had discriminated against him on the basis of sexual orientation (perceived) in yiolation of G.L. c. 151B, 5 4 (1 6), when on or about July, 2002 through March, After an investigation pursuant to 804 C.M.R. 1.13, on or about February 9,2009, the MCAD issued a probable cause finding pursuant to G.L. c. 15 lb, 5 5, ("the Complaint") which the parties were unable to resolve through conciliation and thereafter, the matter was referred for public hearing. Respondent has denied all charges and allegations of having violated the statute, as alleged. The parties, however, have agreed that in order to avoid the uncertainties and expense of further litigation, that the matter should be resolved through voluntary settlement. Without Respondent admitting any liability to the Complainant or waiving any defenses and with neither party conceding any fact in dispute, in consideration of the promises and undertaking set forth below, the parties consent and agree to the following: 1. The Respondent shall pay the Complainant the gross amount of One Hundred and Seventy Thousand ~ollars (the "Settlement Sum") in complete and final settlement of all claims. The Settlement Sum shall be divided between the Complainant and the Page 1 of 5

2 - Complainant's a t t o r n e y,, as follows: Payment to the Complainant shall be in the amount of One Hundred and Eight Thousand and Fi-Three ddlars and fifty eight cents ($108,053.58) and payment to the Complainant's attorney shall be in the amount of Sixty One Thousand Nine Hundred and Forty-Six dollars and forty two cents ($61,946.42). The Settlement Sum will be paid following the Complainant's execution of this Agreement, execution of Release of Claims (Attachment A), execution and submission of Request to Withdraw (Attachment B)) and the expiration of the revocation period set forth in Paragraph 10. The parties acknowledge that the above payment is intended to compensate the Complainant for lost income and the emotional distress damages he alleges to have suffered as a result of the actions taken against him as alleged in the Complaint, all of which the Respondent deny. The parties further acknowledge that the complainant is solely responsible for the payment of any state or federal income or withholding taxes, to the extent any such taxes may be owed or due, and that no amount has been withheld for purposes of contributory retirement. Complainant shall indemnify and hold the Respondent harmless fiom and against any and all costs, liabilities, damages and expenses that may arise in connection with any determination that the amounts paid under this agreement are wages, or are otherwise subject to income or withholding taxes of any kind with the exception of such tax liability that results fiom an accounting, administrative, or clerical error attributable the Respondent. 3. Simultaneously with the execution of the Agreement, the Complainant shall execute a Release of Claims in the form attached as Attachment A, which shall be held by the MCAD and released to the Respondent upon payment of the Settlement Sum. 4. The parties agree that the MCAD is authorized to investigate compliance with this Agreement, and to bdg legal action to enforce the settlement. 5. It is expressly understood that this Agreement does not constitute an admission by the Respondent, of any violation of the Massachusetts General Laws or of any violation of Title VII of the Civil Rights Act of 1964, as amended, in relation to the allegations raised in the present MCAD Complaint. This Settlement Agreement is without precedent for all parties. 6. Upon execution of this Agreement by both parties, the Complainant agrees to submit a Request to Voluntarily Withdraw, in the form attached as Attachment B, which seeks the dismissal with prejudice and without costs or attorneys fees to any party, the actions presently before the MCAD in Docket N o. and before the Equal Employment Opportunity Commission. The Complainant shall take all reasonable steps to effectuate 'the dismissal of the Complaint, with prejudice and without costs or attorney's fees to any party. 7. The Complainant further agrees that he shall not pursue Mer litigation against the Respondent, including suit in any State or Federal Court, nor shall he initiate fi~rtbe-r complaints before my zc!zhisoatix~er ether f~i-~iii of aiy b d arising out of the facts and circumstances presently at issue in this matter. Without liiting the foregoing, Complainant agrees not to institute a lawsuit under Massachusetts General Laws Chapter 15 lb and Chapter 30A, or under Title W of the Civil Rights Act of Page 2 of 5

3 8. The Complainant agrees to keep confidential, and not to disclose or communicate the contents andlor nature of this Agreement to any other parties, including, but not limited to, newspapers, magazines, radio, and/or television, except that he may discuss said terms with his accountants, attorneys, financial planners and other professionals he has retained, or retains in the future, to advise him on matters relating to the Agreement or the amounts paid to him under the Agreement, provided he informs these individuals that the Agreement is confidential. The terms of this Settlement Agreement are not admissible in any f om for any reason, other than for the enforcement of its terms. Nothing in this paragraph shall be construed to preclude Complainant fi-om participating in an investigation by the Massachusetts Commission Against Discrimination, the Equal Employment Opportunity Commission, and any other local human rights agency, to the extent required or otherwise permitted by law or legal process. 9. This document and all documents attached heieto and initialed by the parties, constitutes the entire agreement between the parties with regard to the subject matter set forth herein and supersedes all prior and contemporaneous agreements, understandings, and representations between or among the parties, oral or written, concerning the subject matter. This Settlement Agreement may be modified only by writing signed by the parties and shall be construed and enforced in accordance with the laws of the Commonwealth of Massachusetts. 10. If any provision or portion of this Agreement is deemed illegal by a court or administrative agency of competent jurisdiction, or is otherwise determined to be unenforceable, the offending provisions will be severed and the non-severed provisions will remain llly in effect and shall be interpreted without reference to the severed portion or portions. In entering into this Settlement Agreement, the Complainant represents that he has completely read the terms and provisions of this Agreement and has had the opportunity to consult with an attorney - about these terms and conditions prior to executing this Agreement, and that those terms and conditions are fully understood and knowingly and voluntarily accepted by them. Intending to be legally bound, the parties have executed this Agreement as of the date first written above. COMPLArNANT, CHUSElTS HIGHWAY Massachusetts I Page 3 of 5 Department of Transportation is Park Pi- Suite 4170 Boston, MA

4 RELEASE In consideration for the agreements and undertakings set forth in the Agreement to which this General Release is affixed, I, \ ',mj \ on behalf of myself and my heirs, successors, and assigns, hereby release and forever discharge, and covenant not to sue or commence proceedings against the Massachusetts Department of Transportation and the Massachusetts Highway Department, their predecessors, successors and/or assigns, their past, present and future, Board of Directors, Executive Directors, officers, employees, agents, servants, insurers, attomey's or other legal representatives, or any of their respective predecessors, successors, andlor assigns, whether in an individual or official capacity (collectively the "Releasees"), fkom and with respect to any and all charges, complaints, actions, cause or causes of action, claims, lawsuits, accounts, covenants, contracts, debts, demands, agreements, damages, liabilities, or obligations of any kind whatsoever (including costs for medical or hospital services, disability or any other insurance benefits, attorney's fees and costs actually incurred), of every name and nature, whether at law or in equity, whether in contract or tort or by statute or on any other basis, whether known or unknown, suspected or unsuspected, foreseen or unforeseen, which I may have, or had, against said Releasees arising out of, or in connection with, or in auy manner relating to, the facts underlying the charge filed with Massachusetts Discrimination Commission, Docket NO-and Equal Employment Opportunity Commission, up to the date of this Release, including without limitation of the foregoing, those which were alleged or could have been alleged in my court or administrative proceedings. The above and has signed this instrument of hisher own fiee will. ASS day appeared before me Sworn and subscribed to me this 8 day of%fl&k ry, Notary Public /B.ad/< Page 4

5 ATTACHMENT B COMMONWEALTH OF MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION SUFFOLK, ss. Complainant ) v. 1 i MCAD DOCKET NO.:- Commonwealth of Massachptts ) Massachusetts Highway Department,) Respondent 1 The Complainant hereby requests that the above matter(s) be withdrawn and that the Massachusetts Commission Against Discrimination and Equal Employment Opportunity Commission enter orders dismissing all counts against the Respondent with prejudice, and without costs or attorneys fees to any party. The Complainant understands that it is un1awii.d for any person or persons to threaten, intimidate, or harass him because he filed a complaint. The Complainant affirms that he has not been coerced into requesting this withdrawal. Page 5 of 5