1

The Honorable ______________

2

3

4

5

6

7

8

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON

9

AT SEATTLE

10 EQUAL EMPLOYMENT OPPORTUNITY Civil Action No.

11 COMMISSION,

COMPLAINT

12

Plaintiff, v.

JURY TRIAL DEMAND

13 HORSESHOE LAKE GOLF COURSE, 14 INC.

15

Defendants.

16
NATURE OF THE ACTION
17
This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil
18
19 Rights Act of 1991 to correct unlawful employment practices and to provide appropriate relief to

20 Amber Harper, Amanda Niles, Ashley Kunish, Lynetta Brooks, Amanda Bolz, Amber Privitt,

21 Meghan Hike and Anna Day and similarly situated female employees who were adversely

22 affected by such practices. The Equal Employment Opportunity Commission (the
23 "Commission") alleges that defendant, Horseshoe Lake Golf Course, Inc. (“Horseshoe Lake”), 24

25

26 COMPLAINT – Page 1 of 6 27 28

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 FAX (206) 220-6911 TDD (206) 220-6882

1 subjected Amber Harper, Amanda Niles, Ashley Kunish, Lynetta Brooks, Amanda Bolz, Amber

2 Privitt, Meghan Hike and Anna Day and similarly situated female employees to a sexually

3 hostile work environment. The Commission seeks monetary and injunctive relief, including

4
pecuniary and nonpecuniary compensatory damages and punitive damages, on behalf of Amber
5
Harper, Amanda Niles, Ashley Kunish, Lynetta Brooks, Amanda Bolz, Amber Privitt, Meghan
6
7 Hike and Anna Day and similarly situated female employees.

8

JURISDICTION AND VENUE

9

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337,

10 1343 and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) of
11 Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3) ("Title 12
VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a.
13
2. The employment practices alleged to be unlawful were committed within the
14 15 jurisdiction of the United States District Court for the Western District of Washington.

16

PARTIES

17

3. Plaintiff, the Equal Employment Opportunity Commission, is the agency of the

18 United States of America charged with the administration, interpretation and enforcement of

19 Title VII, and is expressly authorized to bring this action by Section 706(f)(1) of Title VII, 42

20
U.S.C. §2000e-5(f)(1).
21

22

4. At all relevant times, defendant Horseshoe Lake Golf Course, Inc., has

23 continuously been a corporation doing business in the State of Washington and has continuously

24 had at least 15 employees.

25

26 COMPLAINT – Page 2 of 6 27 28

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 FAX (206) 220-6911 TDD (206) 220-6882

1

5. At all relevant times, defendant Horseshoe Lake Golf Course, Inc., incorporated

2 in Washington, has continuously been an employer engaged in an industry affecting commerce

3 within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§2000e-(b), (g) and

4
(h).
5

6

7

6.

STATEMENT OF CLAIMS More than thirty days prior to the institution of this lawsuit, Amber Harper,

8 Amanda Niles, Ashley Kunish, Lynetta Brooks, Amanda Bolz, Amber Privitt, Meghan Hike and

9 Anna Day filed a charge of discrimination with the Equal Employment Opportunity Commission

10 alleging violations of Title VII by defendant, Horseshoe Lake. All conditions precedent to the
11 institution of this lawsuit have been fulfilled. 12
7. Beginning approximately August 2004, defendant engaged in unlawful
13
employment practices at its Port Orchard, Washington golf course, in violation of §§ 703(a) of
14 15 Title VII, 42 U.S.C. §§ 2000e-2(a). Defendant affected the terms and conditions of Amber

16 Harper, Amanda Niles, Ashley Kunish, Lynetta Brooks, Amanda Bolz, Amber Privitt, Meghan

17 Hike and Anna Day and similarly situated female employees’ employment by subjecting them to

18 ongoing sexual harassment including physical sexual contact and sexual comments because of
19 their sex. 20
8. The effect of the practices complained of in paragraph 7 above has been to
21 22 deprive Amber Harper, Amanda Niles, Ashley Kunish, Lynetta Brooks, Amanda Bolz, Amber
23 Privitt, Meghan Hike and Anna Day and similarly situated female employees of equal

24 employment opportunities and otherwise adversely affect their status as employees.

25

26 COMPLAINT – Page 3 of 6 27 28

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 FAX (206) 220-6911 TDD (206) 220-6882

1

9. The unlawful employment practices complained of in paragraph 7 above were

2 intentional.

3

10. The unlawful employment practices complained of in paragraph 7 above were

4
done with malice or with reckless indifference to the federally protected rights of Amber Harper,
5
Amanda Niles, Ashley Kunish, Lynetta Brooks, Amanda Bolz, Amber Privitt, Meghan Hike and
6
7 Anna Day and similarly situated female employees.

8

PRAYER FOR RELIEF

9

Wherefore, the Commission respectfully requests that this Court:

10

A. Grant a permanent injunction enjoining defendant, its officers, successors, agents,

11 assigns, and all persons in active concert or participation with it, from engaging in any
12
employment practices which discriminate on the bases of sex.
13
B. Order defendant to institute and carry out policies, practices, and programs which
14
15 provide equal employment opportunities for all employees, and which eradicate the effects of its

16 past and present unlawful employment practices.

17

C. Order defendant to make whole Amber Harper, Amanda Niles, Ashley Kunish,

18 Lynetta Brooks, Amanda Bolz, Amber Privitt, Meghan Hike and Anna Day and similarly

19 situated female employees by providing appropriate back pay with prejudgment interest, in
20
amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of
21 22 its unlawful employment practices.

23

D. Order defendant to make whole Amber Harper, Amanda Niles, Ashley Kunish,

24 Lynetta Brooks, Amanda Bolz, Amber Privitt, Meghan Hike and Anna Day and similarly

25

26 COMPLAINT – Page 4 of 6 27 28

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 FAX (206) 220-6911 TDD (206) 220-6882

1 situated female employees by providing compensation for past and future pecuniary losses

2 resulting from the unlawful employment practices described in paragraph 7 above, including past

3 and future out-of-pocket expenses, in amounts to be determined at trial.
4
E. Order each defendant to make whole Amber Harper, Amanda Niles, Ashley
5
Kunish, Lynetta Brooks, Amanda Bolz, Amber Privitt, Meghan Hike and Anna Day and
6 7 similarly situated female employees by providing compensation for past and future nonpecuniary
8 losses resulting from the unlawful practices complained of in paragraph 7 above, including

9 without limitation emotional pain, suffering, and loss of enjoyment of life, in amounts to be

10 determined at trial.

11

F. Order each defendant to pay Amber Harper, Amanda Niles, Ashley Kunish,

12
Lynetta Brooks, Amanda Bolz, Amber Privitt, Meghan Hike and Anna Day and similarly
13
situated female employees punitive damages for its malicious and reckless conduct described in
14

15 paragraph 7 above, in amounts to be determined at trial.

16

G. Grant such further relief as the Court deems necessary and proper in the public

17 interest.

18

H.

19 / / /
20
/ / /
21 22 / / /

23 / / /

Award the Commission its costs of this action.

24 / / /

25

26 COMPLAINT – Page 5 of 6 27 28

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 FAX (206) 220-6911 TDD (206) 220-6882

1

JURY TRIAL DEMAND

2

The Commission requests a jury trial on all questions of fact raised by its complaint.

3

4

Dated this 29th day of September, 2006.

5 WILLIAM R. TAMAYO

RONALD

COOPER

6 Regional Attorney

General

San Francisco District Office

Counsel

7 350 The Embarcadero, Suite 500

GWENDOLYN Y. REAMS

San Francisco, CA 94105-1260
8

Associate General Counsel

9

KATHRYN OLSON Supervisory Trial Attorney

10

Washington,

Office

of General Counsel 1801 “L” Street N.W.
D.C. 20507

11 Teri Healy 12 Senior Trial Attorney

13

BY: /s/ William R. Tamayo

.

EQUAL EMPLOYMENT OPPORTUNITY

14 COMMISSION

Seattle Field Office
15 909 First Avenue, Suite 400

16

Seattle, Washington 98104 Telephone (206) 220-6916

17

18

19

20

21

22

23

24

25

26 COMPLAINT – Page 6 of 6 27 28

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 FAX (206) 220-6911 TDD (206) 220-6882

 
 Case 2:06-cv-01418-JLR Document 2 Filed 10102/2006 Page 1 of 2

1

The Ilonorable James L. Robart

2 111111111111111111111111111111111111111111111

4

11111111111111111111111111111111111

06-CV-ot41 S-OIW
5

6~

UNITED STATES DISTRlCT COURT

7

WESTERN DISTRICT OF WASlllNGTON

AT SEATTLE
8

9 EQUAL EMPLOYMENT OPPORTUNITY Civil Action No. C06-l4l8-JLR

COMMISSION,
10

11"1Oposcd, ORDER APPROVING

11

Plaintiff: v.

CONSENT DECREE ~ND
015 MI~SI~'" lie110111

12 HORSESHOE LAKE GOLF COURSE,
INC.
13

Defendant.
14

15
[Proposed] ORDER APPROVING SETTLEMENT AGREEMENT
16
The Court, having considered the foregoing stipulated agreement of the parties,
17
HEREBY ORDERS THAT the foregoing Consent Decree be, and the same hereby is, approved
18
19 as the final agreement in full settlement of this action. This lawsuit is hereby dismissed with
20 prejudice and without costs Or attorneys' fees to any party. The Court retains jurisdiction of this

21 matter for purposes of enforcing the consent decree approved herein.

22

DATED this ---'-'"",,,Lday of Oc..h?\PP4- ,2006

23 24

~~.n5 --------=----=+'

25

Honorable James L. Robart

26 IPROPOSEDI ORDER APPROVING
CONSENT DEC!lli£
27 Page I ofl
28

QVAL EMPLOYMENT OPPORTUNITY COMMISSION
909 FmST AVENUE, SUITE 400 ~MTI'LE, WASIIINGTON 98104·1061
"AX (206) 220-6911 TnD (20(i) 120-6882

Case 2:06-cv-01418-JLR Document 2 Filed 10/02/2006 Page 2 of 2

1 Pre,ented By:

2

BY:

lsi William R. Tamayo

,

EQUAL EMPLOYMENT OPPORTUNITY

3

COMMISSION Seattle Ficld Office

4

909 First Avenue, Suite 400 Seattle, Washinglon 98 104

5 Telephone (206) 220-6916

Attorneys for Plaintiff

6 BY: _ _lsi Kathleen Pierce
Kathleen Pierce
7 Morton McGoldrick
Attorneys al Law
8 820 "A" Street, Suite 600
Tacoma, WA 9840 I
9 Telephone (253) 627-8131

10

Attorneys for Defendant

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26 [PROPOSED] ORDER APPROVINO
CONSENT DECRFE
27 Page 2 of 1
28

EQUAL EMPLOYMENT OPPOllTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATILE, WASIIINGTON 98104·1061 FAX (206) 2211-6911
TDP (206) 220·6882

 
 1

The Honorable James L. Robart

2

3

4

5

6

UNITED STATES DISTRICT COURT

7

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE
8

9 EQUAL EMPLOYMENT OPPORTUNITY Civil Action No. C06-1418-JLR

COMMISSION,
10

[Proposed] ORDER APPROVING

11

Plaintiff, v.

CONSENT DECREE

12 HORSESHOE LAKE GOLF COURSE,
INC.
13
Defendant.
14

15
[Proposed] ORDER APPROVING SETTLEMENT AGREEMENT
16
The Court, having considered the foregoing stipulated agreement of the parties,
17
HEREBY ORDERS THAT the foregoing Consent Decree be, and the same hereby is, approved
18
19 as the final agreement in full settlement of this action. This lawsuit is hereby dismissed with
20 prejudice and without costs or attorneys' fees to any party. The Court retains jurisdiction of this

21 matter for purposes of enforcing the consent decree approved herein.

22

DATED this

day of

, 2006

23

24
________________________________________

25

Honorable James L. Robart

26 [PROPOSED] ORDER APPROVING

27

CONSENT DECREE Page 1 of 1

28

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 FAX (206) 220-6911
TDD (206) 220-6882

1 Presented By:

2 BY:

/s/ William R. Tamayo

.

EQUAL EMPLOYMENT OPPORTUNITY

3

COMMISSION Seattle Field Office

4

909 First Avenue, Suite 400 Seattle, Washington 98104

5 Telephone (206) 220-6916

Attorneys for Plaintiff

6 BY: ______/s/ Kathleen Pierce ____________________
Kathleen Pierce
7 Morton McGoldrick
Attorneys at Law
8 820 “A” Street, Suite 600
Tacoma, WA 98401
9 Telephone (253) 627-8131

10

Attorneys for Defendant

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26 [PROPOSED] ORDER APPROVING

27

CONSENT DECREE Page 2 of 1

28

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 FAX (206) 220-6911
TDD (206) 220-6882

CLAIM FORM
(form to be used for applicants, current and former Horseshoe Lake Golf Course, Inc. employees) EEOC v. Horseshoe Lake Golf Course, Inc. Civil Action No. C06-1418-JLR
IT IS IMPORTANT THAT YOU READ THE ATTACHED INSTRUCTIONS BEFORE YOU BEGIN FILLING OUT THIS CLAIM
FORM
1. Name:
2. Current Address:
3. Home Telephone Number:
4. Daytime Telephone:
5. Date of Application for employment with Horseshoe Lake Golf Course, Inc. and position for which you applied:
6. Date and time of interview:
7. Name of Horseshoe Lake Golf Course employee who conducted your interview:
8. During your interview at Horseshoe Lake were you subjected to inappropriate sexual or gender based touching, comments and/or questions, sexual harassment and/or gender discrimination? (Please Circle One)
Exhibit B Page 1 of 3

YES

NO

9. If you answered yes to the previous question, please describe in detail the conduct you were subjected to. Attach additional sheets if necessary.

10. Dates of Employment with Horseshoe Lake: (If you were not employed by Horseshoe Lake skip questions 10-14 and begin answering again on question 15.)

11. Job titles held, and approximate dates you worked:

12. During your employment at Horseshoe Lake, were you subjected to inappropriate sexual or gender based touching or comments, sexual harassment and/or gender discrimination? Please Circle One.

YES

NO

13. If you answered yes to the previous question, please describe in detail all such incidents. Attach additional sheets if necessary.

14. If you are no longer employed by Horseshoe Lake Golf Course, state the reason(s) why your employment with Horseshoe Lake ended.
Exhibit B Page 2 of 3

15. Do you have any documents related to your claims against Horseshoe Lake? (Please Circle One)

YES

NO

*If yes, please attach copies of all those documents to this form.

16. Are there any people that can support your claim against Horseshoe Lake? If so, please provide their names and a brief summary of what you would expect them to say in support.

* * * * *

I, (print name) _________________________, declare, under penalty of perjury that all the information on this form is true and correct.

Signature: __________________________

Date:

__________________________

Once this form is completed and signed, it should be returned to Teri Healy, Senior Trial Attorney, Equal Employment Opportunity Commission at the following address:
Teri Healy, Senior Trial Attorney Equal Employment Opportunity Commission 909 First Avenue, Suite 400 Seattle, WA 98119
THIS CLAIM MUST BE POSTMARKED NO LATER THAN ____ IN ORDER FOR YOUR CLAIM TO BE CONSIDERED.

Exhibit B Page 3 of 3

NOTICE TO EMPLOYEES
This notice has been posted pursuant to an Order of the Court, entered on _____, approving the Consent Decree entered in resolution of a lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC) against Horseshoe Lake Golf Course, Inc. in the United States District Court for the Western District of Washington. The Consent Decree resolves EEOC’s claims of sexual harassment and constructive discharge brought against the company and enjoins them from certain conduct prohibited by law.
Federal law and the Consent Decree prohibit discrimination against any individual because of his or her sex, including sexual harassment.
Federal law also prohibits retaliation against any individual by an employer because the individual complains of discrimination, cooperates with any Horseshoe Lake Golf Course, Inc. or Government Investigation of a charge of discrimination, participates as a witness or potential witness in any investigation or legal proceeding, or otherwise exercises his or her rights under the law.
Any employee who is found to have retaliated against any other employee because such employee participated in this lawsuit will be subject to substantial discipline up to and including immediate discharge.
Should you have any complaints of discrimination, including sexual harassment, you should contact _______ at ________.
Employees also have the right to bring complaints of discrimination or harassment to the U.S. Equal Employment Opportunity Commission, Seattle District Office at 909 1st Avenue, Suite 400, Seattle, WA 98104-1061, 206.220.6883, 1800.669.4000, or the Washington State Human Rights Commission at 711 S. Capitol Way, Suite 402, Olympia, WA 98504-2490, 360.753.6770.
This notice shall remain prominently posted at Horseshoe Lake golf course until October 2011. This Official Notice shall not be altered,
defaced, covered or obstructed by any other material.
Exhibit D

 
 WAWD CM/ECF Version 3.0.4 - Docket Report

https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?390494644832819-L_...

CLOSED, JURYDEMAND
U.S. District Court United States District Court for the Western District of Washington (Seattle)
CIVIL DOCKET FOR CASE #: 2:06-cv-01418-JLR

Equal Employment Opportunity Commission v. Horseshoe Lake Date Filed: 09/29/2006

Golf Course Inc

Date Terminated: 10/10/2006

Assigned to: James L. Robart

Jury Demand: Plaintiff

Cause: 42:2000e Job Discrimination (Employment)

Nature of Suit: 442 Civil Rights: Jobs

Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Kathryn Blaire Olson EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Email: kathryn.olson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Teri L Healy EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Fax: FAX 220-6911 Email: teri.healy@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

William R. Tamayo EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 350 The Embarcadero Suite 500 San Francisco, CA 94105-1260 415-625-5645 Fax: 415-625-5657 LEAD ATTORNEY ATTORNEY TO BE NOTICED

1 of 2

5/30/2007 3:23 PM

WAWD CM/ECF Version 3.0.4 - Docket Report

https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?390494644832819-L_...

V. Defendant Horseshoe Lake Golf Course Inc

Date Filed 09/29/2006 10/02/2006 10/10/2006

#

Docket Text

1 COMPLAINT and JURY TRIAL DEMAND against defendant Horseshoe Lake Golf Course Inc (Summons(es) issued) (Receipt # fee waived, USA) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Email request to file new case)(PM, ) (Entered: 09/29/2006)
2 STIPULATION AND PROPOSED ORDER for Consent Decree by parties. (Attachments: # 1 Proposed Order Proposed Order Approving Consent Decree# 2 Exhibit A-Notice of Settlement# 3 Exhibit B-Claim Form# 4 Exhibit C-Release of Claims# 5 Exhibit D-Notice to Employees)(Healy, Teri) (Entered: 10/02/2006)
3 ORDER APPROVING CONSENT DECREE AND DISMISSING ACTION WITH PREJUDICE AND WITHOUT COSTS OR ATTORNEYS' FEES TO ANY PARTY. The Court retains jurisdiction of this matter for purposes of enforcing the consent decree approved herein by Judge James L. Robart. (MD, ) (Entered: 10/10/2006)

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5/30/2007 3:23 PM

 
 1

The Honorable James L. Robart

2

3

4

5

6

7

8

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON

9

AT SEATTLE

10 EQUAL EMPLOYMENT OPPORTUNITY No. C06-148-JLR 11 COMMISSION,

12

Plaintiff, v.

13 HORSESHOE LAKE GOLF COURSE, 14 INC.

CONSENT DECREE AND [PROPOSED] ORDER DISMISSING ACTION

15

Defendant.

16

I. INTRODUCTION

17

1. This action originated with discrimination charges filed by Amber Harper, Amanda

18 Niles, Ashley Kunish, Lynetta Brooks, Amanda Bolz, Amber Privitt, Meghan Hike and Anna

19 Day (“Charging Parties”) with the Equal Employment Opportunity Commission. The Charging

20 Parties alleged Horseshoe Lake Golf Course, Inc. (“Horseshoe Lake”) discriminated against
21
them on the bases of sex by subjecting them to sexual harassment, retaliation, and/or constructive
22
discharge, in violation of Title VII of the Civil Rights Act of 1964, as amended (“Title VII”), 42
23
24 U.S.C. § 2000e et seq.

25

26 CONSENT DECREE 27 Page 1 of 16
28

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 FAX (206) 220-6911 TDD (206) 220-6882

1

2. The EEOC sent Horseshoe Lake Letters of Determination with findings of reasonable

2 cause that Horseshoe Lake had violated Title VII.

3

3. The Commission filed a lawsuit simultaneously with a [proposed] Consent Decree, in

4
the United States District Court for the Western District of Washington agreeing with Defendant
5
to file this Consent Decree as the parties want to conclude all claims arising out of the above
6
7 charges without expending further resources in contested litigation.

8

4. The parties want to conclude fully and finally all claims arising out of the charges of

9 discrimination filed with EEOC by Amber Harper, Amanda Niles, Ashley Kunish, Lynetta

10 Brooks, Amanda Bolz, Amber Privitt, Meghan Hike and Anna Day. The EEOC and Horseshoe

11 Lake enter into this Consent Decree to further the objectives of equal employment opportunity as

12
set forth in Title VII.
13
14

II. NONADMISSION OF LIABILITY

15

5. This Consent Decree is not an adjudication or finding on the merits of this case and

16 shall not be construed as an admission by Defendant.

17

III. JURISDICTION AND VENUE

18

6. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343

19 and 1345. This action is authorized pursuant to Sections 706(f) (1) and (3) of Title VII of the
20
Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f) (1) and (3), and Section 102 of
21 22 the Civil Rights Act of 1991, 42 U.S.C. § 1981a. The parties agree that the alleged acts took

23 place within the jurisdiction of the United States District Court for the Western District of

24 Washington.

25

26 CONSENT DECREE 27 Page 2 of 16
28

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 FAX (206) 220-6911 TDD (206) 220-6882

1
IV. SETTLEMENT SCOPE
2
7. This Consent Decree is the final and complete resolution of all allegations of unlawful
3
employment practices contained in the Charging Parties’ discrimination charges, in the EEOC's
4
5 administrative determinations, and in the complaint filed herein, including all claims by the

6 parties for attorney fees and costs.

7

V. MONETARY RELIEF

8

8. In settlement of this lawsuit, Defendant has agreed to pay $367,000.00 to Charging

9 Parties and class members. Of this amount $267,000 is payable to the eight named charging
10 parties. Payment for Charging Parties Amber Harper and Amanda Niles will be made within 11
twenty (20) business days of signing this agreement. Payment to Ashley Kunish, Lynetta
12 13 Brooks, Amanda Bolz, Amber Privitt, Meghan Hike and Anna Day will be made within sixty
14 (60) business days of signing this agreement. There will be a settlement fund established out of

15 the total remaining sum in the amount of $100,000.00, and final determination of payments to

16 individual class members from the class settlement fund shall follow the procedures as described

17 below in Section VI.

18
VI. ADMINISTRATION OF CLASS SETTLEMENT
19
9. A Potential Claimant is defined as a woman who applied for a position at Horseshoe
20
21 Lake or worked at Horseshoe Lake between September 28, 2004 and June 20, 2006.

22

10. A Successful Claimant is defined as a Potential Claimant who presents credible

23 evidence that she was subjected to sexual or gender-based harassment at Horseshoe Lake

24 between the dates of September 28, 2004 and June 20, 2006. Further, a Successful Claimant

25 must meet all deadline and claim requirements as set forth in this Consent Decree. The

26 CONSENT DECREE 27 Page 3 of 16
28

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 FAX (206) 220-6911 TDD (206) 220-6882

1 Successful Claimant will be required to present credible evidence, which will include her own

2 sworn statement, to establish such sexual or gender-based harassment.

3

11. The EEOC will determine who the Successful Claimants are based upon the criterion

4
outlined in Paragraph 10 and the share of the settlement fund each such person will receive. The

5
determination by the EEOC shall be binding upon the parties.
6

7

12. The Potential Claimants will be sent a Notice to Potential Claimants (“Notice”)

8 which will include a description of the charges against Horseshoe Lake, a definition of Potential

9 Claimants, a summary of the settlement reached, and the criteria for determination of who will

10 qualify as a Successful Claimant. It will also include a list of examples of sexual or gender-
11 based harassment. The Notice will also contain a description and explanation of the deadlines 12
and other claim requirements and will include an Application Form to be completed by each
13
Potential Claimant which will assist in the presentation of her prima facie evidence of sexual or
14 15 gender-based harassment. The Notice and Claim form to be used are attached hereto as Exhibits
16 A and B.

17

13. Deadlines and claim requirements are as follows:

18

a. Within 10 days of the entry of this Consent Decree EEOC will mail by

19

certified mail, return receipt requested, copies of the Notice and Application Form

20
to all Potential Claimants. The mailing will include a stamped, return address
21

22

envelope with the EEOC’s Seattle Field Office address.

23

b. Potential Claimants will have thirty (30) days to respond by returning a

24

completed Application Form to the EEOC.

25

26 CONSENT DECREE 27 Page 4 of 16
28

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 FAX (206) 220-6911 TDD (206) 220-6882

1

c. If the original Notice mailed is forwarded to a Potential Claimant by the Post

2

Office, then that individual will be provided with an additional thirty (30) days to

3

respond.

4
d. If the original Notice mailed is returned as undeliverable, EEOC will have

5
fifteen (15) days to research and update the Potential Claimant’s address and re-
6

7

mail the documents. Re-mailing the Notice and Application Form will provide

8

another thirty (30) day response deadline.

9

e. Within ten (10) days of receiving the last Potential Claimant response, the

10

EEOC will provide Horseshoe Lake with a list identifying each Successful

11

Claimant whom the EEOC has determined presented a prima facie case pursuant

12
to the criteria outlined in this Consent Decree. The identity of unsuccessful
13
claimants will also be provided at this time.
14

15

f. At the time it notifies Horseshoe Lake of the list of unsuccessful and successful

16

claimants, the EEOC will notify each claimant as to whether her application was

17

successful or not, and if so, the amount she will be awarded from the settlement

18

fund. Successful claimants will be notified that the receipt of settlement proceeds

19

will require the execution of the release attached hereto as Exhibit C and its return

20
to the EEOC. Successful claimants will also be notified that they are entitled to
21

22

consult an attorney before signing the release. If a claimant seeks such

23

consultation, they are entitled to receive reimbursement of up to $200.00 for

24

reasonable attorney’s fees (an amount in addition to the individual settlement

25

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1

from the $100,000 proceeds). The reimbursement will be made by Horseshoe

2

Lake within ten (10) business days upon proof of such consultation.

3

g. Payment by Horseshoe Lake to the Successful Claimants will be made within

4
fourteen (14) days from the date Defendant is notified that the EEOC has received

5
the signed release.
6

7

h. Upon proof of payment to the successful claimant, the EEOC will send the

8

original signed releases to counsel for Horseshoe Lake.

9

i. In the event that a successful claimant does not execute the release, EEOC will

10

distribute the sum to the remaining successful claimants through a pro-rata

11

distribution.

12
VII. INJUNCTIVE RELIEF
13
A. General Provisions
14

15

14. Horseshoe Lake reaffirms its commitment to comply with Title VII. To further this

16 commitment, the company shall monitor the affirmative obligations of this Consent Decree. The

17 terms of this Consent Decree apply to all applicants and employees.

18

15. The company will not retaliate against any applicant or employee for opposing a

19 practice deemed unlawful by Title VII or for making a charge, testifying, assisting, or

20
participating in any investigation, proceeding, or hearing associated with this action.
21

22

16. Horseshoe Lake, its officers, agents, and employees are hereby enjoined from

23 engaging in personnel practices which unlawfully discriminate against applicants and/or

24 employees in violation of Title VII. In recognition of its obligations under Title VII, Horseshoe

25 Lake will institute the policies and practices set forth below.

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1

B. Retention of Sexual Harassment Consultant to Develop Policy Against Sexual

2

Harassment

3

17. With the assistance of an independent sexual harassment consultant, Horseshoe Lake

4
will adopt a written equal employment opportunity policy which sets forth the requirements of
5
federal laws against employment discrimination and specifically those provisions which make
6
7 sexual harassment unlawful and which make it unlawful to retaliate against any current or former

8 employee for opposing any practice made unlawful by Title VII. The sexual harassment

9 consultant will be retained, at Horseshoe Lake’s expense, to conduct an internal review and audit

10 of the company’s sexual harassment policy and complaint procedure. The sexual harassment
11 consultant will be subject to the prior approval of the EEOC and the policy and complaint 12
procedure to be developed will address, at a minimum, the following statement of "Zero-
13
Tolerance Policy": Horseshoe Lake is firmly committed to developing and maintaining a zero-
14 15 tolerance policy concerning sex discrimination, sexually-based harassment and retaliation against
16 individuals who report discrimination or harassment in the company's workplace; to swiftly and

17 firmly responding to any acts of sex discrimination, sexually-based harassment or retaliation of

18 which the company becomes aware; to implementing a disciplinary system that is designed to
19 strongly deter future acts of sex discrimination, sexually-based harassment or retaliation; to 20
eradicating any vestiges of a work environment that is sexually hostile to individuals; and to
21 22 actively monitoring its workplace in order to ensure tolerance, respect and dignity for all
23 people.”

24 / / /

25 / / /

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C. Development of Anti-Harassment Policies, Procedures and Practices

2

18. In order to effectuate the objectives embodied in Horseshoe Lake’s Zero-Tolerance

3 Policy and this Decree, Horseshoe Lake shall develop and maintain policies, procedures and

4
practices that contain the following elements:

5
a. Sex Discrimination and Harassment Policy. Horseshoe Lake agrees that it
6

7

shall implement a sex discrimination and harassment policy, as necessary, in

8

order to:

9

i. provide clear definitions and examples of prohibited sex discrimination,

10

sexually-based harassment, and retaliation;

11

ii. provide for substantial and progressive discipline for incidents of sex

12
discrimination, sexually-based harassment, and/or retaliation;
13
iii. provide that complaints of sex discrimination, sexually-based
14

15

harassment and/or retaliation will be accepted by Horseshoe Lake in

16

writing and orally;

17

iv. provide a timetable for reporting a complaint, for commencing an

18

investigation after a complaint is made or received and for remedial action

19

to be taken upon conclusion of an investigation; and

20
v. indicate that, promptly upon the conclusion of its investigation of a
21

22

complaint, Horseshoe Lake will communicate to the complaining party the

23

results of the investigation and the remedial actions taken or proposed, if

24

any.

25

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1

b. Complaint Procedures.

2

i. Horseshoe Lake agrees that it shall institute a complaint procedure

3

designed to encourage employees to come forward with complaints about

4
violations of its sex discrimination, sexually-based harassment and

5
retaliation policy. As part of this policy, Horseshoe Lake agrees that it
6

7

shall provide its employees with convenient, confidential and reliable

8

mechanisms for reporting incidents of sex discrimination, sexually-based

9

harassment and retaliation. Horseshoe Lake agrees that it shall designate

10

at least two upper management employees charged with investigating such

11

issues, as persons who may be contacted, and their names, responsibilities,

12
work locations and telephone numbers shall be routinely and continuously
13
posted. Also as part of its procedure, Horseshoe Lake agrees that it shall
14

15

keep a Complaint Box in a place within Horseshoe Lake premises where

16

employees tend to gather and which is not in the managerial area of

17

Horseshoe Lake’s offices. The upper management employees designated

18

by Horseshoe Lake as charged with investigating complaints of

19

discrimination will gather the complaints from the Complaint Box.

20
Additionally as part of its complaint procedure, Horseshoe Lake agrees
21

22

that it shall maintain throughout its workplace the presence of personnel

23

charged with handling complaints of sex discrimination, sexually-based

24

harassment and retaliation.

25

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ii. Horseshoe Lake agrees that it shall enable complaining parties to be interviewed by Horseshoe Lake about their complaints in such a manner that permits the complaining party, at such party’s election, to remain inconspicuous to all of the employees in such party’s work area. Horseshoe Lake agrees that its complaint procedure shall not impose upon individuals seeking to make a complaint alleging sex discrimination, sexually-based harassment and/or retaliation any requirements that are more burdensome than are imposed upon individuals who make other complaints of comparable gravity. iii. Horseshoe Lake agrees that it shall ensure that its policies and procedures provide that complaint handling and disciplinary procedures regarding all complaints of sex discrimination, sexually-based harassment and/or retaliation are investigated and addressed promptly. Specifically, Horseshoe Lake agrees that it shall make its best effort to investigate all complaints of sex discrimination, sexually-based harassment and/or retaliation promptly and to complete investigations within one (1) week. Horseshoe Lake will further make its best effort to prepare its written findings of the results of each investigation and the remedial actions proposed within one (1) week after completion of the investigation, and shall thereupon promptly communicate to the complaining party the results of the investigation and the remedial actions taken or proposed, if any. If the investigation is the result of an anonymous complaint filed in
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the complaint box, Horseshoe lake will only be obligated to notify affected

2

parties, to the extent they are known, of the result of the investigation and

3

remedial actions taken or proposed, if any.

4
iv. Horseshoe Lake agrees that it shall make its best effort to ensure that

5
appropriate remedial action is taken to resolve complaints and to avoid the
6

7

occurrence of further incidents of sex discrimination, sexually-based

8

harassment and/or retaliation. Horseshoe Lake further agrees that it shall

9

revise its progressive discipline policy to provide for appropriate

10

discipline including, but not limited to, suspensions without pay, demotion

11

or termination, as possible consequences for violations of its sex

12
harassment policy.
13
c. Policies Designed To Promote Supervisor Accountability.
14

15

i. Horseshoe Lake agrees that it shall impose discipline designed to stop

16

any unlawful behavior, up to and including suspension without pay,

17

demotion or termination upon any employee, including supervisors or

18

managers, who engages in sex harassment or permit any such conduct to

19

occur in his or her work area or among employees under his or her

20
supervision, or who retaliates against any person who complains or
21

22

participates in any investigation or proceeding concerning any such

23

conduct. Horseshoe Lake shall communicate this policy to all of its

24

employees.

25

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1

ii. Horseshoe Lake agrees that it shall continue to advise all managers and

2

supervisors of their duty to actively monitor their work areas to ensure

3

employees’ compliance with the company’s sex discrimination and

4
harassment policy, and to report any incidents and/or complaints of sex

5
harassment and/or retaliation of which they become aware to the
6

7

department charged with handling such complaints.

8

iii. Horseshoe Lake agrees that, in evaluating the performance and

9

determining compensation of managers and supervisors, it will take into

10

account how supervisors and managers handle equal employment

11

opportunity (“EEO”) issues, and to link such evaluations to any supervisor

12
or management promotion and/or salary/bonus decisions.
13
iv. Horseshoe Lake agrees that it shall include “commitment to equal
14

15

employment opportunity” as a criterion for qualification for supervisory or

16

management positions.

17

d. Sexual Harassment Training.

18

i. Horseshoe Lake agrees that it shall provide mandatory annual sex

19

discrimination and sexual harassment training to all employees, including

20
supervisors, managers and senior managers; to provide mandatory sex
21

22

discrimination and sexual harassment training to all new employees during

23

employee orientation; and to provide training to all persons charged with

24

the handling of complaints of sex discrimination, sexual harassment and/or

25

retaliation harassment in the workplace, including the techniques for

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investigating and stopping it. This training shall include issues regarding sex discrimination as it may affect employees of Horseshoe Lake. Horseshoe Lake agrees to require Owner/General Manager Alex Roland to undergo training/counseling. The training shall consist of nine (9) hours of one on one counseling/training with an individual approved by the EEOC, and nine (9) group sessions taken over a two (2) year period. Nine (9) of the 18 sessions must take place within one year after the entry date of this Consent Decree. No more than ten sessions may be completed within the first year. These training/counseling sessions must address issues of sexual harassment and use and abuse of power over subordinates. Horseshoe Lake agrees that Alex Roland will not occupy the position of General Manager until the completion of this training/counseling. ii. Horseshoe Lake agrees that all training required by this Decree shall be conducted by experienced sex discrimination and sexual harassment educators and/or consultants. Horseshoe Lake agrees that the training outlined in this Decree shall begin with an initial assessment conducted by the educators and/or consultants and may include a broad assessment of Horseshoe Lake’s function as it interplays with the training issues outlined above. Horseshoe Lake understands that this assessment may result in policy or training recommendations beyond those required by this Decree, and that Horseshoe Lake shall be responsible for all costs associated with any assessment or training growing out of this Decree.
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D. Expungement of Records

2

19. Horseshoe Lake will not disclose any information or make references to any charge

3 of discrimination or this lawsuit in responding to requests for information about any Charging

4
Party or class member. Horseshoe Lake agrees to expunge from its records or files all materials

5
related to the Charging Parties’ charges of discrimination and this EEOC lawsuit.
6

7

E. Reporting

8

20. Horseshoe Lake shall report in writing to the EEOC on an annual basis, beginning

9 twelve months (12) months from the date of the entry of this decree, and thereafter every twelve

10 (12) months thereafter the following information:

11

a. Certification of the completion of training for managers, supervisors, and non-

12

management employees along with lists of attendees;

13

b. Certification that their EEO policies have been distributed to all current and newly hired employees;

1 4

c. A list of any changes, modifications, revocations or revisions to their EEO

15

policies and procedures which concern or affect the subject of discrimination.

16

d. A summary of internal discrimination or sexual harassment complaints, if any; and

17

e. A statement certifying that the company has complied with the terms of this

18

Consent Decree. If Defendant has not complied with any term of this Consent

Decree, the statement will specify the areas of noncompliance, the reason for the

19

noncompliance, and the steps taken to bring Defendants into compliance.

20

F. Posting

21

21. Horseshoe Lake will post a Notice, attached as Exhibit D to this Consent Decree.

22
The Notice shall include a recitation of the “Zero-Tolerance Policy referred to in Paragraph 17
23

above. The Notice shall be posted on a centrally located bulletin board or other place where such
24

25

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1 notices are normally posted and read by employees during the five (5) year period of this

2 Consent Decree.

3

VIII. ENFORCEMENT

4
22. If the EEOC determines that Horseshoe Lake has not complied with the terms of this
5
Consent Decree, the EEOC will provide written notification of the alleged breach to the
6
7 company. The EEOC will not petition the Court for enforcement of this Consent Decree for at

8 least thirty (30) days after providing written notification of the alleged breach. The 30-day

9 period following the written notice shall be used by the parties for good faith efforts to resolve

10 the dispute.

11

IX. RETENTION OF JURISDICTION

12
23. The United States District Court for the Western District of Washington shall retain
13
jurisdiction over this matter for the duration of this Consent Decree.
14

15

X. DURATION AND TERMINATION

16

24. This Consent Decree shall be in effect for five (5) years beginning the day the Court

17 enters the Decree. If the EEOC petitions the Court for breach of this settlement agreement, and

18 the Court finds Defendant to be in violation of its terms, the Court may extend the duration of
19 this Consent Decree. 20
/ / /
21 22 / / /
23 / / /

24 / / /

25 / / /

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1

XI. CONCLUSION

2

25. The parties are not bound by any provision of this agreement until it is signed by

3 authorized representatives of each party and entered by the Court.

4

Dated this 29th day of

September

5

, 2006.

6 WILLIAM R. TAMAYO

Regional Attorney
7 San Francisco District Office

8

350 The Embarcadero, Suite 500 San Francisco, CA 94105-1260

9
KATHRYN OLSON
10 Supervisory Trial Attorney

11 Teri Healy 12 Senior Trial Attorney

RONALD COOPER General Counsel
GWENDOLYN Y. REAMS Associate General Counsel
Office of General Counsel 1801 “L” Street N.W. Washington, D.C. 20507

13 BY:

/s/ William R. Tamayo

.

EQUAL EMPLOYMENT OPPORTUNITY

14 COMMISSION

Seattle Field Office
15 909 First Avenue, Suite 400

16

Seattle, Washington 98104 Telephone (206) 220-6916

17

Attorneys for Plaintiff

18

BY: ______/s/ Kathleen Pierce ____________________
19 Kathleen Pierce

20

Morton McGoldrick Attorneys at Law

21 820 “A” Street, Suite 600
Tacoma, WA 98401
22 Telephone (253) 627-8131

23

Attorneys for Defendant

24

25

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 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
Federal Office Building 909 First Avenue, Suite 400
Seattle, WA 98104-1061 (206) 220-6883
TTY (206) 220-6882 FAX (206) 220-6911
NOTICE OF SETTLEMENT
EEOC v. Horseshoe Lake Golf Course, Inc., Civil Action No. C06-1418-JLR
ATTENTION: WOMEN WHO WERE EMPLOYED BY HORSESHOE LAKE GOLF COURSE IN PORT ORCHARD, WASHINGTON AT ANY TIME BETWEEN SEPTEMBER 28, 2004 AND JUNE 20, 2006.
A settlement has been reached between the Equal Employment Opportunity Commission (EEOC) and Horseshoe Lake Golf Course, Inc. (Horseshoe Lake) in a lawsuit brought by the EEOC in the United States District Court for the Western District of Washington at Tacoma, Civil Action No. C06-1418-JLR. In its lawsuit, the EEOC sought relief on behalf of a class of current and former female employees and job applicants who were the victims of gender discrimination and/or sexual harassment. A Settlement Fund has been established for the benefit of eligible claimants who meet the following criteria:
(i) The claimant is a female who applied and was interviewed for employment and/or was employed by Horseshoe Lake at any time between September 28, 2004 and June 20, 2006;
(ii) The EEOC timely receives from the claimant a completed Claim form; and
(iii) The EEOC receives credible evidence that the individual was subjected to gender discrimination or sexual harassment.
Teri Healy, Senior Trial Attorney with the Equal Employment Opportunity Commission will be responsible for reviewing claims to identify Eligible Claimants entitled to relief under the Settlement Fund. If you believe you meet the above requirements for participating in the settlement, please carefully read the enclosed Instructions for completing a Claim Form and submit a Claim Form to the Equal Employment Opportunity Commission at the following address:
Teri Healy, Senior Trial Attorney Equal Employment Opportunity Commission 909 First Avenue, Suite 400 Seattle, WA 98119
THIS CLAIM MUST BE POSTMARKED NO LATER THAN ____ IN ORDER FOR YOUR CLAIM TO BE CONSIDERED.
Exhibit A