AG 2004 10 18 - Laserfiche WebLink

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August 16, 2004 Page 611 f~'q', ~ " ,~":¡i~ Œ=~~~ . Title VII of the Civil Rights Act of 1964, as amended; The civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform and Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Equal Pay Act of 1963, as amended; The Fair Labor Standards Act, as ,amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; The North Carolina Retaliatory Employment Discrimination Act; The North Carolina Wage and Hour Act; The North Carolina Equal Employment Practices Act; The North Carolina Persons with Disabilities Protection Act; Any other federal, state or local civil or human rights law or any other local, state or federal law. regulation or ordinance; Any public policy, contract (express, implied, oral or written), tort, or common law; or, Any allegation for costs, fees, or other expenses including attorneys' fees incurred in this matter. . . . . 5. No Other Claims Exist. Employee represents that no claim, charge, complaint" or action exists in any forum or form against any, of the 0) Releasees other than the Actions. In the event that any such claim. charge, complaint or action is filed, Employee shall not be entitled to recover any relief or recovery there from, including costs, or attorneys' fees, provided, however, that this provision does not affect Employee's rights, if any, under the North Carolina Workers' Compensation Act. 6. Withdrawal/Dismissal of Actions. Employee agrees to withdraw, and obtain a dismissal with prejudice of, any and all claims and charges filed with any state or federal court or administrative agency against 'Releasees, including but not limited to the Contested Case, within 10 days after execution of this Agreement by both parties. Employee 'and County agree to execute a Joint Motion for Appropriate Relief and Consent Judgment, in the forms attached hereto as Appendices A and B, respectively, within 10 days, after execution of this Agreement by both parties. Employee and County agree that the filing of a dismissal with prejudice of the Contested Case with the North Carolina Office of Administrative Hearings together with the filing of the Joint Motion for Appropriate Relief and entry of the Consent Judgment described immediately above shall constitute a complete and final dismissal or final resolution of the Actions. Employee and County agree to promptly execute and file any additional documents and take any additional actions necessary to effect, the dismissal or final resolution of, the Actions consistent with this Agreement. 7. No Discrimination IsElue. Employee, and County acknowledge and agree that 'there was no issue of racial discrimination raised during the Contested Case and that therefore, it was not error for the presiding administrative law judge not to make findings of fact or conclusions of law regarding racial discrimination. Employee and County further acknowledge and agree that the State Personnel Commission erred, as a matter of law, in making conclusions of law and issuing a final decision that Employee was discriminated against on the basis of her race. Employee and County acknowledge and agree that the State Personnel Commission's final decision regarding the question of racial discrimination should have no force and effect, as a matter of law, and should be reversed. 8. Non-Disparagement. Employee represents that she has not, and agrees that she will not in any way, disparage any of the Releasees, or make or solicit any comments, statements, remarks or the like to the media or to others, whether in public or private, or assist ,others in doing so, that may be considered to be derogatory or detrimental to the good name or business reputation of any of the Releasees. County represents that it has not, and agrees tha~ it will not in any way, disparage Employee. or make or solicit any comments, statements, remarks or the like to the, media or to others, whether in public or private, or assist others in doing so, that may be considered to be derogatory or detrimental to the good name or business reputation of Employee. A- \