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_ _ FILED

ENTERED

_ _ LODGED___RECEIVED

SEP 2 6 2006 OJ

AT SEATTLE:

Cl<"K U,S, OIST~ICT COURT

WESTt.RN OISTFI!Cr OF WASI-IINGTON

BY

DEPUTY

IN THE UNITED STATES Df,STRICT COURT fOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintitl;
v,

1 3 9 0 V CIVI'CV(f°'
COMPLAINT JURY TRIAL DEMAND

OLYMPIC SECURITY SERVICES, INC.,

Defendant.

NATURE OF '1'1··1.[] ACTION This is an action under Title VII oflhe Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of religion and to provide appropriate relief to Elmer Taylor. The Equal Employmenl Opportunity Commission ("Commission") ~j]eges that Defendant Olympic Security Services, Inc. ("Olympic Security") titiled 10 accommodate Me. Taylor's religious needs and refused to hire him on the basis of his religion. Plaintiff seeks injunctive and monetary reliet; including pecuniary and nonpecuniary compcnsatory and punitivc damages, 011 behalf ofMr. Taylor,

COMPLAINT- Page lof5
111111111111111111111111111111111111111111111 11111111111111111111111111111111111
O(;-(:V-U1390-CMP

F,QlIAL EMfLO\'.\lENT I)I'PI)ItTl1r>o'ITYCOMMISSION
Startle Field Offhe
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T~I~I,I":mr; (106) ::1)-6383
F~qimil,; (:I)6)HO-6~jl
TD{I; (Zl)6) 111)-6882:

JURISDICTION AND VENUE

2

I.

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4
s

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2.
7

Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to sections 706(t)( 1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S,c. sections 2000c-5(t)(I) and (3) ("Title VII"), and Section 102 ofthe Civil Rights Act of 1991,42 U,S.c. §1981a. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court tor the Western District of Washington.

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PARTIES Plaintitl; the Equal Employment Opportunity Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly aulhorized to bring this action by Section 706(t)(I) ofTitlc VII, 42 U.S.C. §2000e-5(f)(I). AI all relevant times, Defendant Olympic Security has been a corporation continuously doing business in the State of Washington and has conlinu(,usly had at least 15 employees. At all relevant times, Defendanl Olympic Security has continuously been an employer engaged in an industry atIecting commerCe within the meaning of Sections 70 I(b), (g) and (h) ofTitle VII, 42 U.S.c. §§2000e-(b), (g) and (h).
STATEMENT OF CLAIMS More than thirty days prior to the institution of this lawsuit, Mr. Taylor tiled a charge with the Commission alleging violations of 'fit Ie VII by Olympic Security. All conditions precedent to the institution of this lawsuit have been fulfilled.

COMPI.AINT- Page 2 of 5

EQUAL EMPI.OYMiN'T OPJ'OJtTtIr..ITYf:(JMMI:'iSJIlN
9119 fincllhrlluf,Sllilr iOO S~~III~, WM5hin.llon ~8j(l~-jOtiI
TrlrphoDr: (2.06) 22IM,!f.II] FlItllmilt". \:1%)U\.I,Wll
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7. On or about June 14,2005, defendant engaged in unlawful employmcnt practices

2

at its Tukwila, Washington office in violation of Civil Rights Act of 1964, && 703(a)(1),

J

42 U.S.C., 20()()e-2(a)(1). Defendant Olympic Security affected the terms and

4

conditions of Mr. Taylor's employment by failing to accommodate his religious needs

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and failing to hire him because of his religion.

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8. The effect of the practices complained of in paragraph 7 above has been to
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deprive Mr. Taylor of equal employment opportunities and otherwise adversely affect his
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status as an employee.
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9. The unlawful employment practices complained of in paragraph 7 above were

II

intentional.

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

done with malice or with reckless indi fference to the federally protected rights of Mr.

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Taylor.
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10

PRA YER FOR RELlEF

17

Wherefore, the Commission respectfully requests that this Court:

I~

A. Grant a permanent injunction el1ioining defendant, its officers, successors, agents,

19 assigns, and all persons in active concert or participation with it, Irom cngaging in any retaliatory

20 employment practices.
21
1:1. Order defendant to institute and carry out policies, practiccs, and programs which
22
provid~ equal employment opportunities for all employees, and whieh eradicate the effects of its

past and present unlawful employment practices.
24 25

COMPLAINT-I'age 3 01'5

EOV:\L £Mi'WVMIi::\j'J orrORTUNITVCOMMiSSIO.'rj
Selljllt yltld om~~ ~~ .'h.,;t Avel.lue.l'1L1lre 400 S~lI.ttlr, Wn!h.Jnlj:ton !lSIU4_1061 releplim~~ (11l6f 220_61111]
.'oe~lmLle~ (11161 lZO_6L) II ·IU[)~ (2116) 220-6.'1111

C. Order defendant to make whole Mr. Taylor by providing compensation for past

and future pecuniary losses resulting from the unlawful ~mployment practices described in

paragraph 7 above, including past and future out-ot:pocket expenses, in amounts to be

4 determined at trial.

D. Order defendant to make whole Mr. Taylor by providing appropriate back pay

with prejudgment interest, in amounts to be determined at trial, and other affirmative relief
7
necessary to eradicate the ctlccts of its unlawful employment practices.
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E. Order defendant to make whole Mr. Taylor by providing compensation for past
9
III and future nonpewniary losses resulting from Ihe unlawful practices complained of in paragraph
1\ 7 above, including without limitation emotional pain, suffering, and loss of enjoyment of life, in

12 amounls to be determined at trial.

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F. Order defendant to pay Mr. Taylor punitive damages for its malicious and

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reckless conduct described in paragraph 7 above, in amounls to be determined at trial.
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G. Grant such further relief as the Court deems necessary and proper in the public
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interest.
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H. Award the Commission its costs of this action.

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JURY TRIAL DEMAND

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The Commission requests ajury trial on all questions of fact raised hy its complaint
21
DATED this 26th day of September, 2006.
22

WII.LlAM R. TAMAYO 23 Regional Attorney

RONALD S. COOPER General Counsel

24
JOHN STANLEY 25 Acting Supervisory Trial Attorney

JAMES L. LEE Deputy General Counsel

CO~IPLAI~T- Page 4 ofj

[OIIAI. ~)\1P!.oYMENT o rrORTIINJT\"'C :HMI'oIIS810N
'}\~ lii,,,,1 ~v~nu~1 Sui~ 400 SCDale, W,,""i"J:[~n ~11J4.1()6.1
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Trt('l. (2(16) 2l:U_....:!I1I2

•

•

MOLLY KUCUK Trial Attorney
2

GWENDOL YN Y. REAMS Associate General Counsel

J HY: /s/ William R. Tamayo

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

San Francisco District Office

Otlice of the General Counsel

5 350 The Embarcadero. Stc. 500

1801 "L" Str~e! NW

San Francisco. California 94105-1260

Washington. D.C. 20507

6 Telephone (415) 625-5645

Facsimile (415) 625-5657
7

Seattle Field Otlice 909 First Avenue, Suite 400 9 Seattle, Washington 98104 TEL: (206) 220-6892 10 FAX: (206) 220-6911 Molly.K lIcuk«lieeoc.gov
II

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Attorneys for Plaintitf

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COMJlLAINT- Pl.lg~ 5 ~lr.5

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~U'J Iii,,,,. A~~""",.'illil.. 4()11
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CLOSED, JURYDEMAND
U.S. District Court United States District Court for the Western District of Washington (Seattle)
CIVIL DOCKET FOR CASE #: 2:06-cv-01390-JCC

Equal Employment Opportunity Commission v. Olympic Security Services Inc Assigned to: John C Coughenour Cause: 28:1331 Fed. Question

Date Filed: 09/26/2006 Date Terminated: 05/01/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Damien Anthony Lee EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Fax: FAX 220-6911 Email: damien.lee@eeoc.gov ATTORNEY TO BE NOTICED

John Freeman Stanley EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Fax: 206-220-6892 Email: JOHN.STANLEY@EEOC.GOV TERMINATED: 10/25/2006

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

Molly P Kucuk US EQUAL OPPORTUNITY COMMISSION

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V. Defendant Olympic Security Services Inc

909 1ST AVE STE 400 SEATTLE, WA 98104 206-220-6892 Email: molly.kucuk@eeoc.gov TERMINATED: 10/25/2006
represented by Douglas A Darch SEYFARTH SHAW (IL) 131 SOUTH DEARBORN ST STE 2400 CHICAGO, IL 60603 312-460-5000 Email: ddarch@seyfarth.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey Bennett Youmans DAVIS WRIGHT TREMAINE (SEA) 1201 THIRD AVENUE SUITE 2200 SEATTLE, WA 98101-3045 206-622-3150 Fax: FAX 628-7783 Email: jeffreyyoumans@dwt.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Tamara Lindale Roe MONTGOMERY PURDUE BLANKINSHIP & AUSTIN 701 5TH AVE STE 5800 SEATTLE, WA 98104-7096 206-682-7090 Fax: FAX 625-9534 Email: troe@mpba.com TERMINATED: 10/25/2006

Date Filed 09/26/2006

#

Docket Text

1 COMPLAINT - JURY TRIAL DEMAND against defendant(s) Olympic Security Services Inc (Summons(es) issued) (Receipt #: US Gov't -- No fee req), filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(DJ) (Entered: 09/26/2006)

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10/13/2006 10/16/2006 10/16/2006 10/25/2006 10/25/2006 10/30/2006 11/01/2006
11/01/2006 11/03/2006 12/19/2006

2 NOTICE of Appearance by attorney Tamara Lindale Roe on behalf of Defendant Olympic Security Services Inc (Roe, Tamara) (Entered: 10/13/2006)
3 NOTICE of Appearance by attorney Damien Anthony Lee on behalf of Plaintiff Equal Employment Opportunity Commission (Lee, Damien) (Entered: 10/16/2006)
4 SERVICE OF SUMMONS and Complaint returned executed upon defendant Olympic Security Services Inc on 10/10/2006 (LT, ) (Entered: 10/17/2006)
5 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant Olympic Security Services Inc. Jeffrey Bennett Youmans is substituted as counsel for Defendant. Attorney Tamara Lindale Roe terminated. (Youmans, Jeffrey) (Entered: 10/25/2006)
6 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Plaintiff Equal Employment Opportunity Commission. Kathryn Blaire Olson is substituted as counsel for Plaintiff. Attorney Molly P Kucuk and John Freeman Stanley terminated. (Olson, Kathryn) (Entered: 10/25/2006)
7 ANSWER to Complaint by Olympic Security Services Inc.(Youmans, Jeffrey) (Entered: 10/30/2006)
8 MINUTE ENTRY setting status conference:
The attorney who will be responsible for trying the case should attend the conference and be prepared to discuss the following matters at the conference: 1. The nature of the case, 2. The status of matters which are presently set before the Court, e.g., hearings, motions, etc., 3. The status of discovery and a time schedule for its completion, 4. A statement of any legal issues about which motions are contemplated and a possible briefing schedule, 5. An estimate of the number of days needed for trial, 6. Whether the case is jury or non-jury, 7. The date by which the case will be ready for trial, and 8. Settlement probabilities. Counsel for all parties are required to appear at the conference. If counsel office is outside of Seattle, arrangements can be made for telephonic participation in the conference. If counsel wish to make such arrangements, they should contact Julie Mahnke, Deputy Clerk at 206-370-8805. COUNSEL FOR THE PLAINTIFF IS DIRECTED TO NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED CONFERENCE. Status Conference set for 12/19/2006 at 09:00 AM before John C Coughenour. (JM, ) (Entered: 11/01/2006)
9 ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge John C Coughenour. (JM, ) (Entered: 11/01/2006)
10 APPLICATION AND ORDER admitting Douglas A Darch for defendant Olympic Security Services Inc pro hac vice. Receipt # SEA5056. (LT, ) (Entered: 11/03/2006)
11 MINUTES OF STATUS CONFERENCE: JCC; Dep Clerk: JM; CR: Roth; Counsel: Darch/Youmans/Lee; Called, counsel advises the Court of status. Court directs counsel to be guided by Local Civil Rule 16 in completing discovery and filing dispositive motions. Note that all depositions, discovery and perpetuation, must be completed before the discovery completion date.

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04/24/2007 05/01/2007 06/06/2007

Jury instructions, if any, are to be filed with the Clerk and shall include an original version and two copies thereof, each numbered sequentially and with citations, and one copy on plain white paper without numbering or citations. Counsel are advised that the Court will rely primarily upon the Manual of Model Jury Instructions for the Ninth Circuit in preparation of final instructions for submission to the jury.
Counsel are advised that this case is one of several cases set for the week described below. Counsel must be prepared to commence trial as scheduled, but it must be understood that the trial may have to be continued. The Clerk should be contacted as the trial date approaches for further information regarding the calendar.
Pretrial and trial schedule are set as follows: Jury Trial is set for 10/15/2007 at 09:30 AM before John C Coughenour. Pretrial Order due by 10/5/2007; Pleading amendment/3rd pty action due by 2/9/2007; 39.1 mediation to be completed by 8/24/2007; Trial briefs to be submitted by 10/11/2007; Proposed voir dire/jury instructions due by 10/11/2007; (JM, ) (Entered: 12/19/2006)
12 Stipulated MOTION Consent Decree by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order Entering Consent Decree)Noting Date 4/24/2007.(Lee, Damien) (Entered: 04/24/2007)
13 CONSENT DECREE by Judge John C Coughenour. (CL, ) (Entered: 05/01/2007)
14 NOTICE of Change of Address of Attorney Jeffrey Bennett Youmans. Filed by Defendant Olympic Security Services Inc. (Youmans, Jeffrey) (Entered: 06/06/2007)

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 .. '

I I

The H.onorable John C. Coughenour

2

3

4

APR 172007

5

EEOC SEATTLE

6

7

8

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

9

AT SEATTLE

10 EQUAL EMPLOYMENT OPPORTtJNITY
II COMMISSION,

12

13

v.

Plaintift~

14 OL YMPIC SECURITY SERVICES, INC.,

15

Defendant.

16

17

18

)

)

) CIVIL ACTION No. CV6-01390 C

)

)

)

)

CONSENT DECREE

)

)

) 111111111111111111111111111 "'111111111111111

) )

1111111111111/11111111111111 11/ 1111

06-CV-0139()..EXU

19

I. INTRODUCTION

20

I. This a.ction originated when Elmer Taylor med a charge of discrimination (the

21 "Charge") with the Equal Employment Opporhanity ConuJlis~ion ("EEOC") on July 26, 2005.

22 Mr. Taylor alleged that Olympic Security St!rvices, Inc. ("OSS1") violated Title VII of the Civil

23 Rights Act of 1964. as amended, 42 U.S.C § 2000e et seq. ("Title VII"), when it withdrew a job

24 offer after he explained that he would not shave his beard to conform with OSSI's grooming

25 26 CONSENT DECRfE·· .I
(CV6-0 1.19(1-C)
27
28

EQUAL EMI'LOYMENT OPI'OR1'UNITY CQIIIMISSI Seattle Field om('~
Fedem! Office BUilding {)o9 F'ir:'ll A...t~Me, St'lte400 Sca~1'lIi;. Wa.~hlngtoll 98JQ.j.·JWl
Tele~hone (206) 120·6883
Fill< (206) 120·6911
TDD (206) 220·6882

.,'

policy because of his religious practices. OSS! opposed the Charge, denied any discrimination,

2 and noted that it has employed individuals who are bearded.

3

2. The FEOC investigated Mr, Taylor's Charge. On February 8, 2006, the EEOC

4 issued a letter of detemlination with a finding of reasonable cause to believe that OSSI violated

5 Title VII as Mr. Taylor had alleged, Thereafter, EEOC and OSSI unsuccessfully attempted to

6 conciliate the charge.

7

3, The EEOC filed its Complaint on September 26, 2006, in the United States

8 District Court for the Western District of Washington at Seattle, alleging that OSSl failed to

9 accommodate Mr, Taylm-'s religious beliefs and refused to hire him because of his religion in

10 violation of Title VII, OSSI filed its Answer and Affirmative Defenses on October 30, 2006,

11 asserting that it had complied with Title VII and denying any liability.

12

4. The EEOC and OSSI want to conclude fully and finally all claims arising out of

13 the EEOC's Complaint and Mr, Taylor's Charge filed with EEOC without expending further

14 resources in contested litigation, The EEOC and OSSl therefore enter into this Consent Decree.

15

II. NON-ADMISSION OF LIABILITY AND NON·DETERMINATION BY COURT

16

5, This Consent Decree is entered into in compromise of disputed claims to avoid

17 the expense, delay, and burden of further litigation. This Consent Decrce is not an admission of

18 wrongdoing by OSSI or all adjudication or finding on the merits of the case by the Court, OSSl

19 expressly denies any wrongdoing or liability,

20

Ill. SETTLEMENT SCOPE

21

This Consent Decree represents the final and complete resolution of all

22 allegations of unlawful employment practices contained in (I) Mr. Taylor's Charge; (2) the

23 EEOC's administrative detennination; and (3) the CompJaint filed herein, including all claims by

24 the partie~ for attorney lees and cost~, Foll\)wing advice of private counsel, Mr, Taylor entered

25 26 CONSENT DECREE - 2
(CV6-0J390-C)
27
28

EQUAL EMpl.OYMENT UPPORTUNITY COMMISSI S~~IUe fl~ld Otn(:l!:
Fooeml Offll;C au] Iding 909 first Avenue. Sllj,e.400 Sefi1lie, Wa~hillgWYl 9$104-1061
relor'.'e (206) 2?()..m
p" (l06) IlO·69 11
mn (?06\ 221J.6SS1

! !

into a separate release with OSSI that is separate from this Consent Decree and to which the

2 EEOC is not a signatory,

3

7. The scope of this Consent Decree will be limited to OSSl's facilities within the

4 State of Washington.

5

IV. JURISDICTION AND VENUE

6

8. Jurisdiction is vested in this COUlt pursuant to 28 U,S.c. §§ 451, 1331, 1337,

7 1343 and 1345. This action is authorized and instituted pursuant to Sections 706(£)(1) and (3) of

8 the Civil Rights Act of 1964, as amended, 42 (},S.c. §§ 2000e-5(t)(I) and (3), and Section t02

9 of the Civil Rights Act 0[1991,42 U.S.c. § 1981a. The employment actions alleged to have

10 been unlawful were committed within the jurisdiction of the United States District Court for the

II Western District of Washington_

12

V. DEFINITION OF TERMS

13

For purposes of this Consent Decree, the following definitions shall apply:

14

9, "The Effective Date of the Consent Decree" is the date the United States District

15 Court for the Western District of Washington (Seattle) enters the Consent Decree and Order of

16 Dismissal.

17

10,

18

11.

19 2000e(j),

Unless otherwise indicated, "days" refers to calendar days_
Religious observance, practice and beliefs is defined as set forth in 42 U.S.c. §

20

VI. MONETARY RELIEF

21

12, In settlement of this lawsuit, OSS! shall pay Mr. Taylor (I) $13,200 as

22 compensatory damages; and (2) $5,900, less all lawful and required deductions, as back pay.

23 Payment of these amounts is to be provided directly to Mr. Taylor by certified mail (with copies

24 to the EEOC), at an address to be provided by the EEOC, within seven (7) business days after the

25
26 CONSENT DECREE - 3
(CV6-0 1390-C)
27
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EQUAL EMPLOYMENT OpPOR'rUN11'Y COMM.sS.
Se:ilIttl~ loield Omtt Federl\l Offiee Buildit'le 909 Fj~st Avenue. Su.ite 400
St:attli!!. Was.hingt(m 981{)4-IOGI
r.l.phon. (206) 210·6183
Fa. (206) 220·6911 TDD (106) 210-6882

I I
I. . ;.
" ,

1 Court has approved and entered this Consent Decree and Mr. Taylor has executed the separate

2 release agreement between Mr. Taylor and OSSI (whichever is later).

3

Vll. AFFIRMATIVE AND OrHER RELIEF

4 A General Provisions

5

13. OSS! reafflrms its commitment to non-discrimination, and shall not engage in

6 practices which unlawfully discriminate against applicants and/or employees based on religioll.

7 ass! shall ensure, by taking the actions set forth below, that its managers and supervisors

8 understand its Equal Employment Opportunity ("EEO") policy and the duly to acc()mm()date the

9 religious observance, practice and beliefu of applicants/employees under Title VII. In

10 recognition of its obligations under Title VII, aSS! shaH .institutc the policies and practices set

I I forth below.

12 B. Anti-Discrimination Policies and Procedures

13

14. Within ninety (90) days of the effective date of this Consent Decree, OSS! shall:

14 (a) review its REO policy and it~ grooming and appearance policy and revise them to the extent

15 necessary to ensure that they comply with Title VII's prohibition of religious discrimination,

16 describe the process by which an applicant or employee may request a religious accommodation

17 (including to whom such a request may be made), and describe the process by which such a

18 request will be reviewed and approved or denied (including a time frame for the review); and, (b)

19 distribute this EEO policy and this grooming and appearance policy to all employees, both

20 management and non-management, at OSSI's facilities in Washington Stale. aSS! must provide

21 the EEOC with a copy of its EEO policy and revisions of its grooming ,md appearance policy as

22 part of its initial written report as provided in paragraph 22 below.

23 C.
24

Training 15. Within ninety (90) days of the effective date of this Consent Decree, OSSI shall

25 develop and present to all of its Washington State managers, supervisors, and administrative

26 CONSENT DECREE - 4
(CV6·01390~C)
27
28

EQUAL EMI'WYMENT OPPORTlJNITY COMMISSI SeJ:Ule Field Office
Fedt'~l Office. 13uildil'lg 909 Firs,( Allenue:, Suitt=: 400
St<llnle, W;!I;;hinfl),IQI1 98.)04-1(161
Tel",hont (21M) 210-6811
Pox (206) 220·6911 rOD (20(;) '!20..(i382

personnel whose job duti~s require interaction with employees or job applicants one hour (1) of

2 in person EEO training by a qualified trainer regarding religious accon1J11Odation. This training
3 will assist managers, supervisors and administrative personnel to tully understand OSSl's EEO

4 policy, its duty to accommodate the religious observance, practice and beliefs of applicants and

5 employees under Title VII, how an applicant or employee may request a religious

6 accommodation (including to whom such a request may be made), and the process by which

7 assl will review and approve or deny such a request (including a time frame for the review).

8 The EEOC will have an opportunity to review the written training materials (if any) prior to the

9 traiuing date. In addition, no later than eighteen (18) months at\cr the effective date of this

10 Consent decree, OSSl shall provide the above-described training to any new managers,

II supervisors, and administrative personnel who are hired after the date of the tll'st training.

12

16. aSSI shall notify the EEOC of the completion of the training seminars and will

13 specify the names and job titles of the managers, supervisors and administrative personnel who 14 participated in and completed the training. OSSI will provide this information as part of the

15 initial and tlnal reports it submits to the Seattle Field Otlice of the EEOC.

16 D, Employment. Non-Disclosure of Information and Expungcment of Records

17

17. Upon the Court's approval of this Consent Decree, OSSI will offer Mr. Taylor

18 full-time employment as a security officer at an OSSI job site. Mr. Taylor will have 30 days

19 after Court approval of the Consent Decree to (i) report to OSS['8 offices in person; (ii) complete

20 an application for employment; (iii) complete the paperwork necessary for a background check

21 by the State of Washington; and (iv) complete such other applications and paperwork as are

22 necessary to obtain employment at OSSI and to obtain a license from the State ofWashingtotl as

23 " security officer with the assistance of OSSI which it usually provides to new security officer

24 hires. Mr. Taylor will then have 14 days to actuuJly report to work, the precise date, time, (m(\

25 work schedule to be mutually acceptable to OSSI. Mr. Taylor acknowledges that he will be

26 CONSENT DECREE _. 5
(CV6-0 \390-C)
27
28

EQUAL EMrLOYM~NT OrPOKTuNl'rV CO!l1!11ISSI S~We FIeld om«
['odl!.fll.l Ot1'ice \3uilcllng
IJU9l;irst Avenue, Suite 400
S~attk;, WaJihington 98104-1061
T.I.phone (206) 22O-6!8J
Fa< (In6) 210·6911 TOD (206) 220·6882

1 subject to all OSSI and client imposed rules and regulations which <\pply to other security

2 officers of comparable tenure as he, as those policies may change from time to time. Mr.

3 Taylor's employment is contingent upon his compliance with (he telllS of this Paragraph and

4 upon his receipt ofa security of'licer license from the State of Washington. Should Mr. Taylor

5 fail to comply wilh any of the requirements of this Paragraph or should the Stale QfWashington

6 decline to issue him II license, Me. Taylor's right to employment or continued employment with

7 OSS! will be terminated.

8

18. OSS! shall not disclose any infomlation about or make reference to any charge of

9 discrimination or tllis lawsuit ill responding to requ.ests for information about Mr. Taylor from

10 his prospective employers.

II

19. OSS! sh~IB ensure that the personnel me of Mr. Taylor docs not contain IIny

12 reference to his discrimination charge against OSSl and this lawsuit. If Mr. Taylor wishes to do

I3 so, OSS! will upon reasonable notice permit him to review his personnel file at allY reasonable
14 time during the duration of this Consem Decree to ensure that there are no such references.

15 Thereafter, OSS! will not add any information to the personnel file of Mr. Taylor regarding his

16 discriminati0l1 charge andlor this lawsuit.
17 f, Policie§ Designed to Promote Accountability

18

20. OSSI shall impose discipline, up to and including counseling, reprimand,

19 demotion or termination, upon any supervisor or manager who it finds has engaged in unlawful

20 religious discrimination during the duratiOll of this Consent Decree, including any supervisor or

21 manager who it finds has unlawfully discriminated against allY applicant and/or employee based

22 on religion. aSSI shall communicate this policy to all of its managers and supervisors.

23

21. OSSI shall advi.se all managers and supervi""ll's ofthe.ir duty to ensure compliance

24 with the company's REO polity.

25

II

26 CONSENT DECREE - 6
(CV6-0 I390-C)
27

28

~QUAL EMPI,oYMENT OPPORTUNITY COMMISSI
Se-.!Iiltle Field Oft1ce F~al Offi.ce 81,1lkling 909 Fi.~t AI/~t\ue. Suite 400 Sellnle. Wash.lngton 98104·1061
Telephone (1116) nOoMS)
F" (206) nO-69 I I Tf)D (206) 220-~8"'

__- - , - - - - - - - - - - - - - I r r l- ---------.

I F. Reporting

2

22. OSSI shall submit a written report to the EEOC nine (9) months after the effective

3 date of this Consent Decree, and a final written report to the EEOC eighteen months (18) after

4 the effective dale of this Consent Decree, containing the following information:

5

a, Certification that the required training described in Paragraphs 15 and 16, has

6

been completed.

7

b. Certification that OSSI's EEO policy (reviewed and revised as necessary) has

8

been sent to all current and newly hired employees as described above.

9

c A list of any changes, modifications, revocations or revisions to OSSI's EEO

10

policy and its grooming and appearance policy.

1 1

d. A summary of requests filr accommodations based on a religious observance,

12

practice or belief, if any, from any applicant or employee working at OSS!'s

13

Washington State facilities, and the resolution of each such request; and

14

e. If applicable, OSSl will submit a statement with its report to the Seattle Field

15

Office of the EEOC specifying the areas of noncompliance, the reason for the

16

noncompliance, and the steps that will be taken to bring OSSI into compliance.

17 G. Posting

18

23. Within two (2) weeks of the effective date of this Consent Decree, OSSI shall post

19 a Notice to All Employees in the foml of Exhibit I attached to this Consent Decree. The Notice

20 shall be posted on a centrally located bulletin board at OSS] facilities located within the State of 2] Washington for the duration of the Consent Decree.

22

VIII. ENFORCEMENT

23

24. If the EEOC determines that OSSI has not complied with the tenns of this

24 Consent Decree, the EEOC will provide written notification of the alleged breach to OSSI. The

25 written notification shall be sent to Mark E. Vinson, Olympic Security Services, Inc" 631

26 CONSENT DECREE· 7
(CV6,O 1390·C)
27
28

"Q\I>\~ EMPWYMENT OpPORTUNITY COMMISSI
S~altle F'lI!'ld om. .e
Foderal omt:~ Buildi[]g
%9 First Avenue, Suite 400 Se.Dule. Washingtoll 98104-1061
Tell'!'hone (206) 210.688J
Fox (2Q6) 220-691. TDD (206) 220-6882

• r

Strander Blvd., #A, Tukwila, Washington 98188. The EEOC will not petition the Court for

2 enforcement of this Consent Decree for at least thirty (30) days after providing written

3 notification of the alleged breach. The 30-day period following the written notice shall be used

4 by the EEOC and OSS! for good faith efforts to resolve the dispute.

5

IX. DURATION AND TERMINATION

6

25. This Consent Decree shall be in effect for eighteen (18) months from the date of

7 entry of the Con~ent Decree. [fthe EEOC petitions the Court for breach ofthis Consent Decree,

8 and the Court finds OSSI to be in material violation of the tenns of the Consent Decree, the

9 Court may in its discretion extend the duration of this Consent Decree for a period to be

10 determined by the COllrt and not to exceed au additional eighteen (18) months.

1 1

Dated this )YA, ~ dayof ,2007.

12 William Tamayo

Regional Attorney 13 San Francisco District

14

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

15
Kathryn Olson
16 Supervisory Trial Attorney

Ronald S, Cooper General Counsel
James L. Lee Deputy General Counsel

17

18

I 9 BY: -----'''''''-'----'---=''EQUAL EMPLOYME
20

OPPORTUNITY COMMISSION

Seattle Field Office 21 909 First Avenue, Suite 400

Office of the General Counsel 1801 "L" Street NW

22

Seattle, Washington 98104 Damicn.Lee@EEOC.gov

Washington, D,C. 20507

23 Telephone (206) 220-6915 Fax: (206) 220-6911

24 Damien.Lee@eeoc.gov

25
26 CONSENT DECREE - 8
(CV6·01390,q
27
28

AttorneyS for Plaintiff EEOC
EQUAL EMPLOYM.ENT OPPORT\JNI'I'V COMMISSI
S~Rttli't ,'If!ld om!::!!"
rede(~1 Offie( Building 909 FirSt A.. Cr~\ie, Sui\.;- 400 Se:il.ule, W~s"'inirot\ QSI04-H)61
T.I,~hon. (l06) 220,6883
F" (206) 220·6911 TDD (206) UO·6R82

• f

I I

2 Jeffrey B. Youmans

DAVIS WRIGHT TREMAINE LLP
3 2600 Century Square

4

1501 Fourth Avenue Seattle, Washington 98101-1688

5

Ph.: (206) 622-3150
Fax: (206) 628-7690

6 Jeffreyyoumans@dwt.coOl

7 BY: ~(~
8

9 Douglas A. Darch SEYFARTH SHAW Lt.P

iO 1.31 S. Dearborn Street, Suite 2400

Chicago,IL 60603-5577

I 1 Ph. (312) 460-5000

Fax (312) 460-7858
12 Ddarch@seyfalth.com

13 14

BY: ~~IiCSfJ!!l~~~~'~-'.l...-

15

Attorneys for Defendant

16

17

18

19

20

21

22

23

24

25 26 CONSENT DECREE 9
(CV6..Q1390-C)
27
28

EQUAL EMPWYMENT orrOltTIJNITV COMMISS! Seattle Fltld Offiw
f'edeJ'4l1 ornce auHdjn~
909 Pi,'M Averllli;:. Sllil:(~ 400
Se!Utll;!", WMhinSlttl1 98104-1061
T'le~hone (206) 220.688,
Fox (206) 22()'<;91 I TDD (2Q6) 220,6882

• r

1

ORDER

2

The Court having considered the foregoing stipulated agreement oflhe parties, HEREBY

3 ORDERS THAT the foregoing Consent Decree is approved as the tinal decree of this Court in

4 full settlement of this action, This hlwSUit is hereby dismissed with prejudice and without costs

5 or attorney fees to any party. The Court retains jurisdiction of this matter for purposes of
6

7 8

enforcing the Consent Decree ap~oved herein.
/\A 1 ~_'V SO ORDERED this day of ~ '"

,2007.

9

10 I I

_Lc_GIl.- e .Qn(lrable J()~ghenour

12

U it d States District Court Judge

13

14

15

16

17

18

19

20

21

22

23

24

25
26 CONSENT DECREE - 1(1
(CV6-0139()·C) 27
28

EQUAL EMPLOVMENT O"rORTUNITV COMM1SSl Se.attle Field Offiu
F~~r!l1 Otl'iiOe Uuilding 9091:irS\ Avenue, Suitt 400
Seattle, Washil1lJtWn 9SI04M\061
T.I.~h••, (106) 210·61;&)
F~>; (':!06) ZZQ·t;911
HlP (206) U1).68"

· ,

1

EXHIBIT I

2

OLYMPIC SECURITY SERVICES, INC.

3

NOTICE TO ALL EMPLOYEES

4

This notice is being posted pursuant to an agreement between Olympic Security Services,

5 Inc. ("OSSI") and the U.S. Equal Employment Opportunity Commission ("EEOC"), entered as
the result of a resolution of a lawsuit in the United States District Court.
6

7

Federal law prohibits an employer from discriminating against any individual based on

8 the individual's religion with respect to hiring, promotion, demotion, terms and conditions of
9 employment, and/or termination. It is also unlawful for an employer to retaliate against any
individual because he or she complains of discrimination, cooperates with the investigation of a 10
discrimination charge by Olympic Security Services, Inc. or a government agency, participates II as a witness Or potential witness in any investigation or legal proceeding, or otherwise exercises
12 his or her rights under the law.

13

14

Any employee who is tound to have retaliated against any other employee because such

15 employee participated in the EEOC investigation and lawsuit mentioned above will be subject to
discipline, up to and including immediate discharge.
16

17
Olympic Security Services, Inc. has instituted a training program to train its managers,

18 ,upervisors and administrative personnel regarding these legal requirements.

19

You should contact Human Resources at

if you believe you may

20

-~-

have been discriminated against based on your religion, or if you have any question about

21
requesting an accommodation of a religious observance, practice Or belief, Or if you believe you

22 have been retaliated against because of the EEOC investigation and lawsuit mentioned above.

23

24

Employees also have the right to bring complaints of religious discrimination and/or

25 retaliation to the U.S. Equal Employment Opportunity Commission, Seattle Field Office at 909
1" Avenue, Suite 400, Seattle, WA 98104-1061, 206/220-6883, 1-800-699-4000, and/or the 26
Washington State Human Rights Commission at 711 S Capitol Way, Suite 402, P.O. Box 42490,
27
Olympia, WA, 98504·2490, (360) 753-6770 or 1-800-233-3247.
28