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August 16, 2004 Page 611
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<br />70
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<br />8o
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<br />· Title VII of the Civil Rights Act of 1964, as amended;
<br />· The Civil Rights Act of 1991;
<br />· Sections 1981 through 1988 of Title 42 of the United States Code,
<br /> as amended;
<br />· The Employee Retirement Income Security Act of 1974, as amended;
<br />· The Immigration Reform and Control Act, as amended;
<br />· The Americans with Disabilities Act of 1990, as amended;
<br />· The Equal Pay Act of 1963, as amended;
<br />· The Fair Labor Standards Act, as amended;
<br />· The Occupational Safety and Health Act, as amended;
<br />· The Family and Medical Leave Act of 1993;
<br />· The North Carolina Retaliatory Employment Discrimination Act;
<br />· The North Carolina Wage and Hour Act;
<br />· The North Carolina Equal Employment Practices Act;
<br />· The North Carolina Persons with Disabilities Protection Act;
<br />· Any other federal, state or local civil or human rights law or
<br />any other local, state or federal law, regulation or ordinance;
<br />· Any public policy, contract (express, implied, oral or written),
<br /> tort, or common law; or,
<br />· Any allegation' for costs, fees, or other expenses including
<br /> attorneys' fees incurred in this matter.
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<br />No Other Claims Exist. Employee represents that no claim, charge,
<br />complaint, or action exists in any forum or form against any of the
<br />Releasees other than the Actions. In the event that any such claim,
<br />charge, complaint or action is filed, Employee shall not be entitled to
<br />recover any relief or recovery there from, including costs, or
<br />attorneys' fees, provided, however, that this provision does not affect
<br />Employee's rights, if any, under the North Carolina Workers'
<br />Compensation Act.
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<br />Withdrawal/Dismissal of Actions. Employee agrees' to withdraw, and
<br />obtain a dismissal with prejudice of, any and all claims and charges
<br />filed with any state or federal court or administrative agency against
<br />Releasees, including but not limited to the Contested Case, within 10
<br />days after execution of this Agreement by both parties. Employee and
<br />County agree to execute a Joint Motion for Appropriate Relief and
<br />Consent Judgment, in the forms attached hereto as Appendices A and B,
<br />respectively, within 10 days after execution of this Agreement by both
<br />parties. Employee and County agree that the filing of a dismissal with
<br />prejudice of the Contested Case with the North Carolina Office of
<br />Administrative Hearings together with the filing of the Joint Motion
<br />for Appropriate Relief and entry of the Consent Judgment described
<br />immediately above shall constitute a complete and final dismissal or
<br />final resolution of the Actions. Employee and County agree to promptly
<br />execute and file any additional documents and take any additional
<br />actions necessary to effect the dismissal or final resolution of the
<br />Actions consistent with this Agreement.
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<br />No Discrimination Issue. Employee and County acknowledge and agree
<br />that there was no issue of racial discrimination raised during the
<br />Contested Case and that therefore, it was not error for the presiding
<br />administrative law judge not to make findings of fact or conclusions of
<br />law regarding racial discriminatiOn. Employee and County further
<br />acknowledge and agree that the State Personnel Commission erred, as a
<br />matter of law, in making conclusions of law and issuing a final
<br />decision that Employee was discriminated against on the basis of her
<br />race. Employee and County acknowledge and agree that the State
<br />Personnel Commission's final decision regarding the question of racial
<br />discrimination should have no force and effect, as a matter of law, and
<br />should be reversed.
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<br />Non-Disparagement. Employee represents that she has not, and agrees
<br />that she will not in any way, disparage any of the Releasees, or make
<br />or solicit any comments, statements, remarks or the like to the media
<br />or to others, whether in public or private, or assist others in doing
<br />so, that may be considered to be derogatory or detrimental to the good
<br />name or business reputation of any of the Releasees. County represents
<br />that it has not, and agrees that it will not in any way, disparage
<br />Employee, or make or solicit any comments, statements, remarks or the
<br />like to the media or to others, whether in public or private, or assist
<br />others in doing so, that may be considered to be derogatory or
<br />detrimental to the good name or business reputation of Employee.
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