attachment a‐1: hiring class member list (female) no. last name first name 93 94 95 96 97 98 99...
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Attachment A‐1: Hiring Class Member List (Female)
NO. LAST NAME FIRST NAME
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Attachment A‐1: Hiring Class Member List (Female)
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Attachment A‐1: Hiring Class Member List (Female)
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Attachment A‐1: Hiring Class Member List (Female)
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Attachment A‐1: Hiring Class Member List (Female)
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Attachment A‐1: Hiring Class Member List (Female)
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Attachment A‐1: Hiring Class Member List (Female)
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Attachment A‐1: Hiring Class Member List (Female)
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Attachment A‐1: Hiring Class Member List (Female)
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Attachment A‐2: Hiring Class Member List (Black)
NO. LAST NAME FIRST NAME
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Attachment A‐2: Hiring Class Member List (Black)
NO. LAST NAME FIRST NAME
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Attachment A‐2: Hiring Class Member List (Black)
NO. LAST NAME FIRST NAME
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Attachment A‐2: Hiring Class Member List (Black)
NO. LAST NAME FIRST NAME
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Attachment A‐2: Hiring Class Member List (Black)
NO. LAST NAME FIRST NAME
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Attachment A‐2: Hiring Class Member List (Black)
NO. LAST NAME FIRST NAME
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Attachment A‐2: Hiring Class Member List (Black)
NO. LAST NAME FIRST NAME
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Attachment A‐2: Hiring Class Member List (Black)
NO. LAST NAME FIRST NAME
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Attachment A‐2: Hiring Class Member List (Black)
NO. LAST NAME FIRST NAME
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Attachment A‐2: Hiring Class Member List (Black)
NO. LAST NAME FIRST NAME
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Attachment A‐2: Hiring Class Member List (Black)
NO. LAST NAME FIRST NAME
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Attachment A‐3: Hiring Class Member List (Asian)
NO. LAST NAME FIRST NAME
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Attachment A‐3: Hiring Class Member List (Asian)
NO. LAST NAME FIRST NAME
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Attachment A‐3: Hiring Class Member List (Asian)
NO. LAST NAME FIRST NAME
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Page 3 of 3
(b)(6), (b)(7)(C)
ATTACHMENT B NOTICE TO AFFECTED CLASS - HIRING
[DATE] Dear [NAME]:
B&H Foto & Electronics Corporation (“B&H”) and the U.S. Department of Labor’s
Office of Federal Contract Compliance Programs (“OFCCP”) have entered into a Consent Decree (“Decree”) to remedy alleged violations of Executive Order 11246 (“E.O. 11246”) that OFCCP found during a compliance review of B&H’s Brooklyn Navy Yard, New York facility.
OFCCP alleges that, beginning no later than January 31, 2011, B&H failed to post
warehouse positions available at its Brooklyn Navy Yard, New York facility that, OFCCP alleges, resulted in hiring discrimination against women, Blacks, and Asians. These warehouse positions include shipping workers, warehouse workers, receiving workers, general runners, and laborers.
The Decree does not constitute an admission by B&H of any violation of E.O. 11246, as
amended, Section 503 of the Rehabilitation Act of 1973, as amended, and/or the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended (38 U.S.C. 4212), and their implementing regulations at 41 C.F.R. Chapter 60. B&H denies any violation of E.O. 11246, or any other law, and there has not been any adjudicated finding that B&H violated any laws. B&H entered into the Decree to avoid the costs associated with litigation. OFCCP and B&H have entered into the Decree to resolve the matter without resorting to further legal proceedings.
Based on New York State Department of Labor data, you have been identified as an individual who possibly would have applied for a job at B&H had you become aware of a posting for a warehouse worker job opening at its Brooklyn Navy Yard, New York facility. As part of the Decree, you have been identified as an individual eligible to receive a financial distribution of at least $345.58, less deductions required by law. Under the terms of the Decree, it may take more than five months from the date of this letter before you receive your distribution.
In order to be eligible for a payment, you must complete, sign, and return the enclosed (1)
Release of Claims, and (2) Information Verification & Employment Interest Form. While you should complete and mail back the forms as soon as possible, they must be postmarked to the address below no later than sixty days after the date of this Notice for you to be eligible to receive a payment or to be considered for a job offer or to receive any other consideration under the terms of the Decree, which govern this matter: Please also complete the enclosed IRS Form W-4.
(NAME)
(ADDRESS) You may use the enclosed postage-paid return envelope to return the completed and
signed Information Verification & Employment Interest Form and Release of Claims.
In addition to the monetary distribution, B&H may make available full time employment
opportunities for warehouse positions at the Brooklyn Navy Yard Warehouse after March 31, 2018 for Job Group 801 or equivalent positions that are scheduled to be filled and expected to last for at least three months (such positions include shipping workers, warehouse workers, receiving workers, general runners, and laborers) to a limited number of individuals receiving this notification. These positions will be located at B&H’s Brooklyn Navy Yard facilities, which are scheduled to cease operations on or around September of 2017. It is not certain that you will receive a job offer. If you are interested in employment with B&H, please check the appropriate box on the enclosed Information Verification & Employment Interest Form. Those receiving this notice will be considered for positions in the order that B&H receives the Information Verification & Employment Interest Form expressing an interest in employment.
QUESTIONS?
If you have any questions you may call [NAME OF ADMINISTRATOR] at [PHONE NUMBER], or OFCCP Regional Liaison at (646) 264-3170.
IF YOU FAIL TO COMPLETE AND RETURN THE ENCLOSED DOCUMENTS
TO B&H WITHIN 60 DAYS OF THE DATE OF THIS NOTICE, YOU WILL NOT BE ELIGIBLE TO RECEIVE A PAYMENT OR TO BE CONSIDERED FOR A JOB OFFER UNDER THE TERMS OF THE DECREE, WHICH GOVERN THIS MATTER. Sincerely,
(NAME) Enclosures: Information Verification & Employment Interest Form Release of Claims Under Executive Order 11246 IRS Form W-4
(b) (6), (b) (7)(C)
ATTACHMENT C INFORMATION VERIFICATION & EMPLOYMENT INTEREST FORM – HIRING
Name: ________________________________________________________________________
Address: ______________________________________________________________________
Telephone: Home__________________ Cell _________________Other ___________________
Notify [NAME OF ADMINISTRATOR] at [address] if your contact information changes.
Social Security Number (to be used for tax purposes only): ______-______-______
For purposes of this settlement, it is necessary to verify your gender and race (choose all that apply): Male Female White Black Asian Hispanic American Indian/Alaskan Native Native Hawaiian/Pacific Islander Other Please indicate below whether you are currently interested in employment in a Job Group 801 warehouse position with B&H. Such positions include shipping workers, warehouse workers, receiving workers, general runners, and laborers. Please note that these positions will be located at B&H’s Brooklyn Navy Yard facilities, which are scheduled to cease operations on or around September of 2017. If you complete, sign, and return this Information Verification & Employment Interest Form, and Release of Claims, you remain eligible for the monetary payment whether or not you are interested in employment at this time. Yes, I am interested in employment with B&H in a Job Group 801 warehouse position
No, I am not interested in employment with B&H in a Job Group 801 warehouse position
You must complete this form in order to be eligible for the monetary payment and/or employment opportunities under the terms of the Consent Decree between B&H Foto & Electronics Corporation (“B&H”) and the U . S . Department of Labor’s Office of Federal Contract Compliance Programs.
IF YOU FAIL TO COMPLETE AND RETURN THE ENCLOSED DOCUMENTS TO THE ADDRESS BELOW WITHIN 60 DAYS OF THE ACCOMPANYING NOTICE TO AFFECTED CLASS – HIRING, YOU WILL NOT BE ELIGIBLE TO RECEIVE A PAYMENT, TO BE CONSIDERED FOR A JOB OFFER, OR TO RECEIVE ANY OTHER CONSIDERATION UNDER THE TERMS OF THE CONSENT DECREE, WHICH GOVERN THIS MATTER.
(NAME)
(ADDRESS) By signing below, I certify the above information is true and correct. Signature ___________________________________ Date __________________
ATTACHMENT D RELEASE OF CLAIMS UNDER EXECUTIVE ORDER 11246 - HIRING
This Release of Claims under Executive Order 11246 (“Release”) is a legal document. This
document states that in return for B&H Foto & Electronics Corporation (“B&H”) paying you money, you agree that you will not file any lawsuit against B&H for allegedly violating Executive Order 11246 in connection with any claim that was raised or could have been raised by the complaint filed by the U.S. Department of Labor, Office of Federal Contract Compliance Programs (“OFCCP”) in this matter. It also says that B&H does not admit it violated any laws. This Release says you had sufficient time to look at the document, to talk with others about the document, including an attorney, and that no one pressured you into signing the document. Finally, it says that if you do not sign and return the document by a certain date, you will not receive a payment or be considered for a job offer or any other consideration under the terms of the Consent Decree, which govern this matter.
In consideration of the payment of at least $345.58 (less deductions required by law) by B&H
to me, which I agree is acceptable, I, [NAME], agree to the following:
I. I hereby waive, release and forever discharge B&H its predecessors, successors, related
entities, parents, subsidiaries, affiliates and organizations, and its and their shareholders, directors, officers, employees, agents, successors, and assigns, of and from any and all actions, causes of action, damages, liabilities, and claims arising out of or actionable under Executive Order 11246, as amended, for alleged failure to hire, failure to promote, or compensation discrimination under Executive Order 11246, based on any acts or omissions or other events known or unknown, occurring at any time prior to the date of my signature on this Release, including those that were raised or could have been raised by the complaint filed by the OFCCP in this matter, which I or my representatives (heirs, executors, administrators, or assigns) have or may have.
II. I understand that B&H denies that it treated me unlawfully or unfairly in any way and that
B&H entered into a Consent Decree with the OFCCP and agreed to make the payment described above to resolve alleged disparities in hiring and to resolve the matter without further legal proceedings in the compliance review initiated by OFCCP for the period of January 31, 2011 through January 31, 2013. I further agree that the payment of the aforesaid sum or any other consideration provided to me by B&H is not an admission of any liability by B&H.
III. I declare that I have read this Release and that I have had a full opportunity to consider and
understand its terms and to consult with my advisors and seek legal advice. I further declare that I have decided of my own free will to sign this Release.
IV. I understand that if I do not sign this Release and return it to B&H within sixty days after the
date of this Notice, I will not be eligible to receive a payment or to be considered for a job offer or any other consideration under the terms of the Consent Decree, which govern this matter. Signature: _____________________________________ Date: ____________________
Attachment E: Compensation Class Member List
NO.
EMP.
ID LAST NAME FIRST/MIDDLE NAME
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Page 1 of 4
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Attachment E: Compensation Class Member List
NO.
EMP.
ID LAST NAME FIRST/MIDDLE NAME
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Page 2 of 4
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Attachment E: Compensation Class Member List
NO.
EMP.
ID LAST NAME FIRST/MIDDLE NAME
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Page 3 of 4
(b)(6), (b)(7)(C)
ATTACHMENT F NOTICE TO AFFECTED CLASS – COMPENSATION AND PROMOTIONS
[DATE]
Dear [NAME]:
B&H Foto & Electronics Corporation (“B&H”) and the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) have entered into a Consent Decree (“Decree”) to remedy alleged violations of Executive Order 11246 (“E.O. 11246”) that OFCCP found during a compliance review of B&H’s Brooklyn Navy Yard, New York facility.
OFCCP alleges that, beginning no later than January 31, 2011, B&H used a compensation practice that discriminated against Hispanics at its Brooklyn Navy Yard, New York facility who worked in Job Group 801 as shipping workers, or as an employee in Job Group 800. OFCCP also alleges that, beginning no later than January 31, 2011, B&H used a promotion practice at its Brooklyn Navy Yard, New York facility that discriminated against Hispanics.
The Decree does not constitute an admission by B&H of any violation of E.O. 11246, as amended, Section 503 of the Rehabilitation Act of 1973, as amended, and/or the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended (38 U.S.C. 4212), and their implementing regulations at 41 C.F.R. Chapter 60. B&H denies any violation of E.O. 11246, or any other law, and there has not been any adjudicated finding that B&H violated any laws. B&H entered into the Decree to avoid the costs associated with litigation. OFCCP and B&H have entered into the Decree to resolve the matter without resorting to further legal proceedings.
You have been identified as one of the individuals who worked in Job Group 801 as a
shipping worker, or as an employee in Job Group 800. You have also been identified as an individual who might have been eligible for a position in the 500 and 501 Job Groups during the relevant time period, but may not have been considered for placement. Under the Decree, you may be eligible to receive a payment of at least $18,203.32, less deductions required by law. Under the terms of the Decree it may take more than five months from the date of this letter before you receive your payment.
In order to be eligible for a payment, you must complete, sign, and return the enclosed (1)
Release of Claims and (2) Information Verification & Interest Form. While you should complete and mail back the forms as soon as possible, they must be postmarked to the address below no later than sixty days after the date of the postmark of this Notice for you to be eligible to receive a payment under the terms of the Decree, which govern this matter:
(NAME)
(ADDRESS)
You may use the enclosed postage-paid return envelope to return the completed and signed Release of Claims and Information Verification Form.
In addition to the monetary distribution, B&H may be making job placements for positions in the 500 and 501 Job Groups to a limited number of individuals receiving this notification. It is not certain that you will receive a job placement. If you are still interested in being placed into these positions with B&H, please check the appropriate box on the enclosed Information Verification & Interest Form. Those receiving this notice will be considered for positions in the 500 and 501 Job Groups in the order that B&H receives the Information Verification & Interest Form expressing an interest in promotions.
QUESTIONS?
If you have any questions you may call [NAME OF ADMINISTRATOR] at [PHONE NUMBER], or OFCCP Regional Liaison at (646) 264-3170.
IF YOU FAIL TO COMPLETE AND RETURN THE ENCLOSED DOCUMENTS TO B&H WITHIN 60 DAYS OF THE DATE OF THIS NOTICE, YOU WILL NOT BE ELIGIBLE TO RECEIVE A PAYMENT UNDER THE TERMS OF THE DECREE, WHICH GOVERN THIS MATTER. Sincerely, (NAME) Enclosures: Information Verification & Interest Form Release of Claims Under Executive Order 11246
(b) (6), (b) (7)(C)
ATTACHMENT G INFORMATION VERIFICATION & INTEREST FORM –
COMPENSATION AND PROMOTIONS
Name: ________________________________________________________________________
Address: ______________________________________________________________________
Telephone: Home__________________ Cell _________________Other ___________________
Notify [NAME OF ADMINISTRATOR at [address] if your contact information changes.
Social Security Number (to be used for tax purposes only): ______-______-______
For purposes of this settlement, it is necessary to verify your race (choose all that apply): White Black Asian Hispanic American Indian/Alaskan Native Native Hawaiian/Pacific Islander Other
Please indicate below whether you are currently interested in being placed into a position within the 500 and 501 Job Groups (the jobs within these job groups include Receiving Quality Assurance, Returns Evaluator, RTV Vendor Liaison, Inventory Specialist, Customer Service Agent, and Inventory Associate) with B&H. If you complete, sign, and return this Information Verification and Employment Interest Form, you remain eligible for the monetary payment whether or not you are interested in employment within the 500 and 501 Job Groups at this time.
Yes, I am interested in placement with B&H within the 500 and 501 Job Groups.
No, I am not currently interested in placement with B&H within the 500 and 501 Job Groups.
IF YOU FAIL TO COMPLETE AND RETURN THE ENCLOSED DOCUMENTS TO THE ADDRESS BELOW WITHIN 60 DAYS OF THE DATE OF THE ACCOMPANYING NOTICE TO AFFECTED CLASS – PROMOTION, YOU WILL NOT BE ELIGIBLE TO RECEIVE A PAYMENT, TO BE CONSIDERED FOR A JOB PLACEMENT, OR TO RECEIVE ANY OTHER CONSIDERATION UNDER THE TERMS OF THE CONSENT DECREE, WHICH GOVERN THIS MATTER.
(NAME)
(ADDRESS)
By signing below, I certify the above information is true and correct. Signature ___________________________________ Date __________________
You must complete this form in order to be eligible for the monetary payment and/or employment opportunities under the terms of the Consent Decree between B&H Foto & Electronics Corporation (“B&H”) and the U . S . Department of Labor’s Office of Federal Contract Compliance Programs.
ATTACHMENT H RELEASE OF CLAIMS UNDER EXECUTIVE ORDER 11246 –
COMPENSATION AND PROMOTIONS
This Release of Claims under Executive Order 11246 (“Release”) is a legal document. This document states that in return for B&H Foto & Electronics Corporation (“B&H”) paying you money, you agree that you will not file any lawsuit against B&H for allegedly violating Executive Order 11246 in connection with any claim that was raised or could have been raised by the complaint filed by the U.S. Department of Labor, Office of Federal Contract Compliance Programs (“OFCCP”) in this matter. It also says that B&H does not admit it violated any laws. This Release says you had sufficient time to look at the document, to talk with others about the document, including an attorney, and that no one pressured you into signing the document. Finally, it says that if you do not sign and return the document by a certain date, you will not receive any money or be considered for a job placement or any other consideration under the terms of the Consent Decree, which govern this matter.
In consideration of the payment of at least $18,203.32 (less deductions required by law) by B&H to me, which I agree is acceptable, I, [NAME], agree to the following:
I. I hereby waive, release and forever discharge B&H its predecessors, successors, related
entities, parents, subsidiaries, affiliates and organizations, and its and their shareholders, directors, officers, employees, agents, successors, and assigns, of and from any and all actions, causes of action, damages, liabilities, and claims arising out of or actionable under Executive Order 11246, as amended, for alleged failure to hire, failure to promote, or compensation discrimination under Executive Order 11246, based on any acts or omissions or other events known or unknown, occurring at any time prior to the date of my signature on this Release, including those that were raised or could have been raised by the complaint filed by the OFCCP in this matter, which I or my representatives (heirs, executors, administrators, or assigns) have or may have.
II. I understand that B&H denies that it treated me unlawfully or unfairly in any way and that
B&H entered into a Consent Decree with the U.S. Department of Labor, Office of Federal Contract Compliance Programs (“OFCCP”) and agreed to make the payment described above to resolve alleged disparities in promotions and to resolve the matter without further legal proceedings in the compliance review initiated by OFCCP for the period of January 31, 2011 through January 31, 2013. I further agree that the payment of the aforesaid sum or any other consideration provided to me by B&H is not an admission of any liability by B&H.
III. I declare that I have read this Release and that I have had a full opportunity to consider and
understand its terms and to consult with my advisors and seek legal advice. I further declare that I have decided of my own free will to sign this Release.
IV. I understand that if I do not sign this Release and return it to B&H within sixty days after the
date of this Notice, I will not be eligible to receive a payment or to be considered for a job placement or any other consideration under the terms of the Consent Decree, which govern this matter. Signature: _____________________________________ Date: ____________________
Attachment I: Promotion Class Member List
NO.
EMP.
ID LAST NAME FIRST/MIDDLE NAME
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
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27
28
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31
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34
35
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44
45
Page 1 of 9
(b)(6), (b)(7)(C)
Attachment I: Promotion Class Member List
NO.
EMP.
ID LAST NAME FIRST/MIDDLE NAME
91
92
93
94
95
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97
98
99
100
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102
103
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105
106
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Page 3 of 9
(b)(6), (b)(7)(C)
Attachment I: Promotion Class Member List
NO.
EMP.
ID LAST NAME FIRST/MIDDLE NAME
136
137
138
139
140
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142
143
144
145
146
147
148
149
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166
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177
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Page 4 of 9
(b)(6), (b)(7)(C)
Attachment I: Promotion Class Member List
NO.
EMP.
ID LAST NAME FIRST/MIDDLE NAME
181
182
183
184
185
186
187
188
189
190
191
192
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Page 5 of 9
(b)(6), (b)(7)(C)
Attachment I: Promotion Class Member List
NO.
EMP.
ID LAST NAME FIRST/MIDDLE NAME
226
227
228
229
230
231
232
233
234
235
236
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238
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240
241
242
243
244
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246
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Page 6 of 9
(b)(6), (b)(7)(C)
Attachment I: Promotion Class Member List
NO.
EMP.
ID LAST NAME FIRST/MIDDLE NAME
271
272
273
274
275
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277
278
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283
284
285
286
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Page 7 of 9
(b)(6), (b)(7)(C)
Attachment I: Promotion Class Member List
NO.
EMP.
ID LAST NAME FIRST/MIDDLE NAME
316
317
318
319
320
321
322
323
324
325
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328
329
330
331
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Page 8 of 9
(b)(6), (b)(7)(C)
ATTACHMENT J NOTICE TO AFFECTED CLASS - PROMOTIONS
[DATE] Dear [NAME]:
B&H Foto & Electronics Corporation (“B&H”) and the U.S. Department of Labor’s
Office of Federal Contract Compliance Programs (“OFCCP”) have entered into a Consent Decree (“Decree”) to remedy the alleged violations of Executive Order 11246 (“E.O. 11246”) that OFCCP found during a compliance review of B&H’s Brooklyn Navy Yard, New York facility.
OFCCP alleges that, beginning no later than January 31, 2011, B&H used a promotion
practice at its Brooklyn Navy Yard, New York facility that discriminated against Hispanics. The Decree does not constitute an admission by B&H of any violation of E.O. 11246, as
amended, Section 503 of the Rehabilitation Act of 1973, as amended, and/or the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended (38 U.S.C. 4212), and their implementing regulations at 41 C.F.R. Chapter 60. B&H denies any violation of E.O. 11246, or any other law, and there has not been any adjudicated finding that B&H violated any laws. B&H entered into the Decree to avoid the costs associated with litigation. OFCCP and B&H have entered into the Decree to resolve the matter without resorting to further legal proceedings.
You have been identified as an individual who might have been eligible for a position in
the 500 and 501 Job Groups during the relevant time period, but may not have been considered for placement. Under the Decree, you may be eligible to receive a payment of at least $1,072.62, less deductions required by law. Under the terms of the Decree it may take more than five months from the date of this letter before you receive your payment.
In order to be eligible for a payment, you must complete, sign, and return the enclosed (1)
Release of Claims and (2) Information Verification & Interest Form. While you should complete and mail back the forms as soon as possible, they must be postmarked to the address below no later than sixty days after the date of this Notice for you to be eligible to receive a payment or to be considered for a job placement or to receive any other consideration under the terms of the Decree, which govern this matter:
(NAME)
(ADDRESS) You may use the enclosed postage-paid return envelope to return the completed and
signed Release of Claims and Information Verification & Interest Form. In addition to the monetary distribution, B&H may be making job placements for
positions in the 500 and 501 Job Groups to a limited number of individuals receiving this
notification. It is not certain that you will receive a job placement. If you are still interested in being placed into these positions with B&H, please check the appropriate box on the enclosed Information Verification & Interest Form. Those receiving this notice will be considered for positions in the 500 and 501 Job Groups in the order that B&H receives the Information Verification & Interest Form expressing an interest in promotions.
QUESTIONS?
If you have any questions you may call [NAME OF ADMINISTRATOR] at
[PHONE NUMBER], or OFCCP Regional Liaison at (646) 264-3170.
IF YOU FAIL TO COMPLETE AND RETURN THE ENCLOSED DOCUMENTS
TO B&H WITHIN 60 DAYS OF THIS NOTICE, YOU WILL NOT BE ELIGIBLE TO RECEIVE A PAYMENT OR TO BE CONSIDERED FOR A JOB PLACEMENT UNDER THE TERMS OF THE DECREE, WHICH GOVERN THIS MATTER. Sincerely, (NAME) Enclosures: Release of Claims Under Executive Order 11246 Information Verification & Interest Form
(b) (6), (b) (7)(C)
ATTACHMENT K RELEASE OF CLAIMS UNDER EXECUTIVE ORDER 11246 - PROMOTIONS
This Release of Claims under Executive Order 11246 (“Release”) is a legal document. This
document states that in return for B&H Foto & Electronics Corporation (“B&H”) paying you money, you agree that you will not file any lawsuit against B&H for allegedly violating Executive Order 11246 in connection with any claim that was raised or could have been raised by the complaint filed by the U.S. Department of Labor, Office of Federal Contract Compliance Programs (“OFCCP”) in this matter. It also says that B&H does not admit it violated any laws. This Release says you had sufficient time to look at the document, to talk with others about the document, including an attorney, and that no one pressured you into signing the document. Finally, it says that if you do not sign and return the document by a certain date, you will not receive any money or be considered for a job placement or any other consideration under the terms of the Consent Decree, which govern this matter.
In consideration of the payment of at least $1,072.62 (less deductions required by law) by B&H to me, which I agree is acceptable, I, [NAME], agree to the following:
I. I hereby waive, release and forever discharge B&H its predecessors, successors, related
entities, parents, subsidiaries, affiliates and organizations, and its and their shareholders, directors, officers, employees, agents, successors, and assigns, of and from any and all actions, causes of action, damages, liabilities, and claims arising out of or actionable under Executive Order 11246, as amended, for alleged failure to hire, failure to promote, or compensation discrimination under Executive Order 11246, based on any acts or omissions or other events known or unknown, occurring at any time prior to the date of my signature on this Release, including those that were raised or could have been raised by the complaint filed by the OFCCP in this matter, which I or my representatives (heirs, executors, administrators, or assigns) have or may have.
II. I understand that B&H denies that it treated me unlawfully or unfairly in any way and that
B&H entered into a Consent Decree with the U.S. Department of Labor, Office of Federal Contract Compliance Programs (“OFCCP”) and agreed to make the payment described above to resolve alleged disparities in promotions and to resolve the matter without further legal proceedings in the compliance review initiated by OFCCP for the period of January 31, 2011 through January 31, 2013. I further agree that the payment of the aforesaid sum or any other consideration provided to me by B&H is not an admission of any liability by B&H.
III. I declare that I have read this Release and that I have had a full opportunity to consider and
understand its terms and to consult with my advisors and seek legal advice. I further declare that I have decided of my own free will to sign this Release.
IV. I understand that if I do not sign this Release and return it to B&H within sixty days after this
Notice, I will not be eligible to receive a payment or to be considered for a job placement or any other consideration under the terms of the Consent Decree, which govern this matter. Signature: _____________________________________ Date: ____________________
ATTACHMENT L INFORMATION VERIFICATION & INTEREST FORM - PROMOTIONS
Name: ________________________________________________________________________
Address: ______________________________________________________________________
Telephone: Home__________________ Cell _________________Other ___________________
Notify [NAME OF ADMINISTRATOR] at [address] if your contact information changes.
Social Security Number (to be used for tax purposes only): ______-______-______
For purposes of this settlement, it is necessary to verify your race (choose all that apply): White Black Asian Hispanic American Indian/Alaskan Native Native Hawaiian/Pacific Islander Other
Please indicate below whether you are currently interested in being placed into a position within the 500 and 501 Job Groups (the jobs within these job groups include Receiving Quality Assurance, Returns Evaluator, RTV Vendor Liaison, Inventory Specialist, Customer Service Agent, and Inventory Associate) with B&H. If you complete, sign, and return this Information Verification and Employment Interest Form, you remain eligible for the monetary payment whether or not you are interested in employment within the 500 and 501 Job Groups at this time.
Yes, I am interested in placement with B&H within the 500 and 501 Job Groups.
No, I am not currently interested in placement with B&H within the 500 and 501 Job Groups.
IF YOU FAIL TO COMPLETE AND RETURN THE ENCLOSED DOCUMENTS TO THE ADDRESS BELOW WITHIN 60 DAYS OF THE DATE OF THE ACCOMPANYING NOTICE TO AFFECTED CLASS – PROMOTION, YOU WILL NOT BE ELIGIBLE TO RECEIVE A PAYMENT, TO BE CONSIDERED FOR A JOB PLACEMENT, OR TO RECEIVE ANY OTHER CONSIDERATION UNDER THE TERMS OF THE CONSENT DECREE, WHICH GOVERN THIS MATTER.
(NAME)
(ADDRESS) By signing below, I certify the above information is true and correct. Signature ___________________________________ Date __________________
You must complete this form in order to be eligible for the monetary payment and/or employment opportunities under the terms of the Consent Decree between B&H Foto & Electronics Corporation (“B&H”) and the U . S . Department of Labor’s Office of Federal Contract Compliance Programs.