1 A. LUIS LUCERO, JR., REGIONAL ATTORNEY

JOHN F. STANLEY, ACTING SUPERVISORY TRIAL ATTORNEY

2 LISA COX, TRIAL ATTORNEY

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

3 909 FIRST AVENUE, SUITE 400

SEATTLE, WA 98104

4 TEL: (206) 220-6890

FAX: (206) 220-6911

5

AUG 2 2 200] 0 ~ / ~IN A L

6

7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF WASHINGTON

AT SPOKANE

9

CS-0: -0 09- FVS

10

EQUAL EMPLOYMENT

CIVIL ACTION NO.

11 OPPORTUNITY COMMISSION,

COMPLAINT

12

Plaintiff,

DEMAND FOR JURY TRIAL

13

V.

14 T R A INDUSTRIES, INC. ajk/a HUNTWOOD INDUSTRIES, INC.,
15
Defendant.
16

17

18

NATURE OF THE ACTION

19

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the

20 Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex

21 and to provide appropriate relief to Jennifer Gibbs, who was adversely affected by such

22 practices. The Equal Employment Opportunity Commission alleges that defendant

23 T R A Industries, Inc. subjected Ms. Gibbs to a sexually hostile work environment

24 because of her sex, resulting in her constructive discharge. Plaintiff seeks injunctive and

25

26 27
COMPLAINT- 1

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office Federe~ Office Building
90g First Avenue, Suila 400
Seattle, Washington 98104-1061 Telephone (206) 220-6883 F~x (206) 220-6911
TDD (206) 220-68~2

monetary relief, including pecuniary and nonpecuniary compensatory damages and punitive damages, on behalf of Ms. Gibbs.

JURISDICTION AND VENUE

1. 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(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.

sections 2000e-5(f)(1) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of

1991, 42 U.S.C. §1981a.

10

2. The employment practices alleged to be unlawful were committed within

11 the jurisdiction of the United States District Court for the Eastern District of Washington.

12

13

PARTIES

14

3. Plaintiff, the Equal Employment Opportunity Commission (the

15 "Commission"), is the agency of the United States of America charged with the

16 administration, interpretation and enforcement of Title VII, and is expressly authorized

17 to bring this action by Section 706(f)(1) of

18 Title VII, 42 U.S.C. §2000e-5(f)(1).

19

4. At all relevant times, defendant T R A Industries, Inc. ("Huntwood") has

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

21 continuously had at least 15 employees.

22

5. At all relevant times, defendant Huntwood has continuously been an

23 employer engaged in an industry affecting commerce within the meaning of Sections

24 701(b), (g) and (h) of Title VII, 42 U.S.C. §§2000e-(b), (g) and (h).

25

26 27
COMPLAINT- 2

EQUAL EMPLOYMENT OPPORTUNII~ COMMISSION Seattle District Office Federel Office Building
909 First Avenue, Suite 400 Seettle, Washington 9810~-1061
Telephone (2~6) 220-6883
Fax (206) 220-6911 TDD (2G6) 22O-6862

1

STATEMENT OF CLAIMS

2

6. More than thirty days prior to the institution of this lawsuit, Jennifer Gibbs

3 filed charges with the Commission alleging violations of Title VII by defendant

4 Huntwood. All conditions precedent to the institution of this lawsuit have been fulfilled.

5

7. Beginning on or before October 22, 2001, defendant Huntwood engaged in

6 unlawful employment practices at its Spokane, Washington cabinet manufacturing

7 facility in violation of §§ 703(a) of Title VII, 42 U.S.C. §§ 2000e-2(a). Defendant

8 Huntwood affected the terms and conditions of employment of Ms. Gibbs by subjecting

9 her to a sexually hostile environment because of their sex, which caused Ms. Gibbs’

10 constructive discharge on or about January 2, 2002.

11

8. The effect of the practices complained of in paragraph 7 above has been to

12 deprive Ms. Gibbs of equal employment opportunities and otherwise adversely affect her

13 status as an employee because of sex.

14

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

15 were intentional.

16

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

17 were done with malice or with reckless indifference to the federally protected rights of

18 Ms. Gibbs.

19

20

PRAYER FOR RELIEF

21

Wherefore, the Commission respectfully requests that this Court:

22

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

23 agents, assigns, and all persons in active concert or participation with it, from engaging

24 in any employment practices which discriminate on the bases of sex.

25 26 27
COMPLAINT - 3

EQUAL EMPLOYMENT OPPORTUNIlr"f COMMISSION
Seattle Dlstdct Office Federal Offk:e Building
909 Finer Avenue, Suite 400 Seatlle, Wh~shington 98104-1061
Telephone (206} 220,6883
Fax (206) 220--6911 TDD (206) 22O,6882

1

B. Order defendant to institute and carry out policies, practices, and programs

2 which provide equal employment opportunities for all employees, and which eradicate 3 the effects of its past and present unlawful employment practices.

4

C. Order defendant to make whole Ms. Gibbs by providing appropriate back

5 pay with prejudgment interest, in amounts to be determined at trial, and other affirmative 6 relief necessary to eradicate the effects of its unlawful employment practices.

7

D. Order defendant to make whole Ms. Gibbs by providing compensation for

8 past and future pecuniary losses resulting from the unlawful employment practices 9 described in paragraph 7 above, including past and future out-of-pocket expenses, in

10 amounts to be determined at trial.

11

E. Order defendant to make whole Ms. Gibbs by providing compensation for

12 past and future nonpecuniary losses resulting from the unlawful practices complained

13 of in paragraph 7 above, including without limitation emotional pain, suffering, and loss

14 of enjoyment of life, in amounts to be determined at trial.

15

F. Order defendant to pay Ms. Gibbs punitive damages for its malicious and

16 reckless conduct described in paragraph 7 above, in amounts to be determined at trial.

17

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

18 public interest.

19

H. Award the Commission its costs of this action.

20 // 21 //

22 //

23 // 24 //

25 26 27
COMPLAINT - 4

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Dilstflct Office Federal 0flee Building
909 First Avenue, Suite 400 Sea,lie, Washington 98104-1061
Telephone (206} 220-6883 Fax (206) 27.0-6911 TOO (206) 220-6882

1

JURY TRIAL DEMAND

2

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

3 complaint.

4

5

DATED this ,_~~ day of

,2003.

6 A. LUIS LUCERO, JR.
7 Regional Attorney
8 JOHN F. STANLEY Acting Supervisory Trial Attorney
9 LISA COX
10 Trial Attorney

ERIC S. DREIBAND General Counsel Office of the General Counsel 1801 "L" Street NW Washington, D.C. 20507

11 BY:

12 EQUAL EMPLOYMENT
13 OPPORTUNITY COMMIS SION Seattle District Office
14 909 First Avenue, Suite 400 Seattle, Washington 98104
15 Telephone (206) 220-6890 Facsxmile (206) 220-6911
16 E-mail: LISA.COX@EEOC.GOV

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of the General Counsel 1801 "L" Street, N.W. Washington, D.C. 20507

I7

Attorneys for Plaintiff

18

19

20

21

22

23

24

25

26 27
COMPLAINT - 5

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District O~ce Federal Office Building
B09 Firsl Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883
Fa;~ (206) 220..6911 "rDD (206) 220..6882

 
 1 Keller W. Alien, WSBA No. 18794 ALLEN & McLANE, P.C.
2 The Paulsen Center, Suite 421 3 421 W. Riverside Avenue
Spokane, WA 99201 Telephone: (509) 777-2211
5 Facsimile: (509) 777-2215 6 E-Mail: kwa@allenmclane.com

FILED IN THE U.8, DISTIRICT COURT ~.~’EI:=IN D~,Ti-~IC:T. OZ ~,VASHINb’I’C~
MAR
JAMES R. LARSEN, CLERK DEPUTY
SPOKANE, WASHINGTON

7 Attorneys for Plaintiff in Intervention, Jenifer D. Gibbs

9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF WASHINGTON

11

12 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
13

Case No. CS-03-0309-FVS

14

Plaintiff,

15
and
16

COMPLAINT OF PLAINTIFF IN INTERVENTION JENIFER D. GIBBS

17 JENIFER D. GIBBS,

JURY TRIAL DEMANDED

18
Plaintiff in Intervention,
19

2O

V.

21
T R A INDUSTRIES, INC. a/k/a 22 HUNTWOOD INDUSTRIES, INC.,

23

24

Defendant.

25
Plaintiff in Intervention, Jenifer D. Gibbs, alleges as

27
follows:
28

29 COMPLAINT OF PLAINTIFF tN INTERVENTION
JENIFER D. GIBBS - Page 1 3O Y:\pamm\Gibbs\Complaint of Plaintiff in Intervention.dock

Allen & McLane, EC. 421 W, Riverside Avenue, Suite 421
Spokane, WA 99201
Telephone: (509) 777-221 t
Fax: (509) 777-2215

1

JURISDICTION AND VENUE

2

1. This Court has jurisdiction over the subject matter of this

3
4 complaint in intervention pursuant to 28 U.S.C. §§ 1331, 1343, 1367,

and 42 U.S.C. § 2000e et. seq., and 42 U.S.C. § 1981a.
6
2. Venue is proper before this Court pursuant to 28 U.S.C. §
7

8 1391, as all unlawful employment practices and actions alleged herein
9
occurred within the jurisdiction of the United States District Court for
10

11 the Eastern District of Washington
12
3. All prerequisites required by federal and state law have
13

14 been satisfied by Plaintiff in Intervention before bringing this action.

15
PARTIES
16

17

4. This matter was originally commenced by Plaintiff, the

18
Equal Employment Opportunity Commission ("EEOC").
19

20

5. Plaintiff in Intervention, Jenifer D. Gibbs, is a resident of

21
the State of Washington, and has been so during all periods relevant
22

23 to the claims herein.

24
6. At all relevant times to the allegations herein, Defendant
25
26 T R A Industries, Inc. a/k/a Huntwood Industries, Inc. ("Defendant"),

27 has been a corporation continuously doing business in the State of
28

29 COMPLAINT OF PLAINTIFF IN INTERVENTION JENIFER D. GIBBS - Page 2
30 Y:~pamm\Gibbs\Complaint of Plaintiff in Intervention.dock

Alien & McLan¢, P.C.
421 W. Riverside Avenue, Suite 42[ Spokane, WA 99201
Telephone: (509) 777-2211
Fax: (509) 777-2215

1 Washington, and has continuously had at least fifteen (15) or more

2 employees. At all relevant times to the allegations herein, Defendant
3
4 has continuously been an employer engaged in an industry affecting

5 commerce within the meaning of Sections 701(b), (g), and (h) of Title
6
VII, 42 U.S.C. §§ 2000e-(b), (g), and (h), and is an employer under
7

8 RCW 49.60 et seq.

9
7. The allegations set forth in Paragraphs 1 through 10 of the
10

11 Complaint filed by the EEOC against Defendant in this matter are

12
incorporated by reference as if fully set forth herein.
13

14

8. Defendant’s actions have deprived Ms. Gibbs of equal

15
employment opportunities under federal and state anti-discrimination
16

17 laws, and upon information and belief were with reckless disregard to

18
Ms. Gibbs’ rights under federal and state laws, and were willfully and
19

20 intentionally done with the purpose to discriminate against Ms. Gibbs

21
because of her gender.
22

23

9. Defendant affected the terms and conditions of

24
employment of Ms. Gibbs by subjecting her to a sexually hostile work
25
26 environment because of her gender and retaliation for complaining

27

28

29 COMPLAINT OF PLAINTIFF IN INTERVENTION
JENIFER D. GIBBS - Page 3 30 Y:\pamm\Gibbs\Complainl of Plaintiff in Intervention.doe\

Allen & McLane, EC. 421 W, Riverside Avenue, Suite 42l
Spokane, WA 99201 Telephone: (509) 777-2211
Fax: (509) 777-2215

1 about such conduct, all of which caused Ms. Gibbs’ constructive

2 discharge on or about January 2, 2002.

3

4

10. Defendant’s actions are in violation of Title VII, RCW 49.60

5 et. seq., in violation of Washington State Public Policy, and constitutes
6
7 negligent and/or intentional infliction of emotional distress.

8

11. Ms. Gibbs is entitled to recover for the unlawful actions by

9
Defendant in an amount to be proven at trial.
10

11

PRAYER FOR RELIEF

12

13

WHEREFORE, Plaintiff in Intervention, Jenifer D. Gibbs,

14 respectfully requests that the Court enter the following relief:

15
A. Granting a permanent injunction enjoining Defendant, its
16

17 officers, employees, agents, successors and all persons in active
18
concert or participation with it from engaging in any employment
19

20 practices which discriminate against Ms. Gibbs on the basis of gender;
21
B. Granting Ms. Gibbs back pay, front pay and lost benefits,
22

23 plus interest, in an amount to be determined at trial;

24
C. Granting judgment against Defendant for punitive damages
25

26 as allowed under federal and state laws in an amount to be

27
determined at trial;

29 COMPLAINT OF PLAINTIFF IN INTERVENTION JENIFER D. GIBBS - Page 4
Y:\parnm\Gibbs\Complaint of Plaintiff in InterventJon.doc\

Allen & McLane, EC. 421 W. Riverside Avenue, Suite 421
Spokane, WA 9920t Telephone: (509) 777-2211
Fax: (509) 777-2215

1

D. Granting judgment for past and future nonpecuniary

2 damages, including, without limitation, emotional pain, suffering,
3
4 stress, and loss of enjoyment of life, in amounts to be determined at

5 trial;

6

7

E. For reasonable attorney fees and costs incurred by Ms.

8 Gibbs in prosecuting this action;
9
F. For an award of monetary damages to offset any adverse
10

11 tax consequences attributable to any back pay, front pay, and
12
attorney’s fee award and/or recovery; and
13

14

G. For such other relief as the Court deems necessary and

15
proper.
16

17

DATED this

day of January, 2004.

18
ALLEN & McLANE, P.C.
19

2O

21

22

Keller W. Allen, WSBA No. 18794 Attorney for Plaintiff in Intervention

23

24

25

26

27

28

29 COMPLAINT OF PLAINTIFF IN INTERVENTION JENIFER D. GIBBS- Page 5
30 Y:\pamrn\Gibbs\Complaint of Plaintiff in Intervention.doe\

Allen & McLane, P.C.
421 w. Riverside Avenue, Suite 421 Spokane, WA 99201
Telephone: (509) 777-2211
Fax: (509) 777-2215

1

CERTIFICATE OF SERVICE

2

I HEREBY CERTIFY that on the ]/ day of March, 2004, I

3 caused to be served a true and correct copy of the foregoing on the

4 following in the manner indicated:

5

Lisa Cox

6

Equal Employment

7

Opportunity Commission

Federal Office Building

8

909 First Avenue, Suite 400

9

Seattle, WA 98104-1061

X U.S. Mail Overnight Mail Hand Delivery Facsimile

10
Attorney for Plaintiff EEOC
11

12

Michael H. Church

13

Stamper, Rubens, Stocker

X U.S. Mail Overnight Mail

14

& Smith, P.S.

Hand Delivery

15

720 W. Boone Avenue, Suite 200

Spokane, WA 99201

16

Facsimile

17

Attorneys for Defendant T R A Industries, Inc. a/k/a

18

Huntwood Industries, Inc.

19

20

21

22

Pamel~a R. Menget ~ ~r --

23

24

25

26

27

28

29 COMPLAINT OF PLAINTIFF IN INTERVENTION JENIFER D. GIBBS - Page 6
Y:~oamm’,Gibbs\Complaint of Plaintiff in Intervention.doc\

Allen & MeLane, EC.
421 W. Riverside Avenue, Suite 421 Spokane, WA 99201
Telephone: (509) 777-2211
Fax: (509) 777-2215

 
 gz·~u_
, '.

,U4:U~PIII

~rgM~ot SEDO

ZO' ZZD 1111

T-6D4 P.DDl/DDr p-DI.

A. L.UIS L.UCERO. JR., REGIONAL ATTORNEY JOHN F. STANLEY, ACTING SUPERVISORY TRIAL ATTORNEY LISA COX. TRIAL. ATIORNEY EQUAL EMPL.OYMENT OPPORTUNIl'Y COMMISSION 909 FIRST AVENUE. SUITE 400 SEATTLE, WASHINGTON 98104 TELEPHONE: (206) 220-6S90
Attomeys for Plaintiff

FILED IN THE
u.s. DlsrnlCT coum
EAS1ERN D:smCT OF WASHINGTON

MAR 2 4 ZOO~

JAt-o'IES R LA~S[r.i, CLEf-tK

·

. DEPUTY

SPOKANE. WASHINGTON

UNITED STATES DISTRICT COURT EASTERN OISTRICT OF WASHINGTON
AT SPOKANE

EQUALEMPL.OYMENTOPPORTUNnY COMMISSION
Plaintiff,
and JENNIFER GIBBS
Plaintiff Intervenor,
v.
TM INDUSTRIES, INC. a/kla
HUNTWOOO INDUSTRIES. INC .• Defendant.

)

)

No. CS-03-o309-FVS

)

)

STIPULATION FOR

)

PROTECTNE ORDER

)

AND PROPOSED ORDER

)

)

)

)

)

)

)

)

)

)

)

)

The parties to thIs Bc1lon, plaintiff Equal Employment Opportunity Commission,

plaintiff Intervenor Jen!'1t1'er Gibbs, and defendant Huntwood Industries, by and through

their unaersigned counsel, hereby agree and stipulate as follows:

.D2"~e"D4 .

' G41DBPI

PrDJll"uDC SlDO

ZOI Z2D Ball'.

1. This stipulation concems documents that are produced by the parties In connection with this action and that the parties agree eontain eonfldentiallnformat!on. The confidentIality provisions stipulated to herein shall govern the following agreed "Confidential" materials:
a. (1) Jennifer Gibbs'. income tax returns and attached documents and (2)
documents relating to her consultatIons with health care provlders. Such documents
will be marked uConfidential."
b. Other documents that may be produced from time to time by any party hereto and as to which the parties agree to designate as hConfidential." In the absence of an
agreement as to designation of documents aa confidential, the party requesting the designation will bring a motion to the court for resolution, pursuant to paragraph five (5) below.
2. The parties acknowleclge the privacy and bUsiness considerations involved In disclosure of Confidential materials. At the same time, the parties recognize . the need to have access to evidence In the posseS$/on, custody, or control of the other party.
Therefore, In an effort to address these issLles, the parties agree all Confidential materials will be 80 deelgnated and will be subject to the following condition.:
a. Documents or information contained In confidential materlala ahall not
be disclosed to any persons other than:
(1) counsel for the parties and counsel's employees tc the extent
reasonably necessary to render professional seNlces In this litigation; (2) proepectlve witnesses, Including experts, if and only If such persons

.. '

'.

zoe zzo U11

NO·OHI ~. 4
T-Sa4 p.aa4lUar P-D88

are informed of the terms of this Order and sign a statement, attached as EXhibit A, agreeing to be bound by It;
(3) Persons to whom disclosure is necessary to permit use of any covered
documents as an exhibit In this lawsuit. 3. The foregoing obligations of confidentiality shall not apply to any of the
above persons or parties as to any part of the documents or information that was <a>
previously known to or in the possession of such person or party (exoept to the extent it Is subject to some other confidentIality obligation); (b) available to the publio at the time
of production; or (e) subsequently disclosed by the party seeking cOnfidentiality to
others who are not under obligations of confidentiality to the parties. 4. If any party to this frtigation disputes the applicability of this order to any
documents or Information, then the parties shall attempt to resolve the dlliSPute on an
Informal basis. If the dispute Is not Informally resolved, then the dIspute may be
submitted by motion of one of the parties to the court for a dectslon. 5. Persons obtaining access to confidential documents underthll order shall
use the information only for preparation and trial of this litigation. 6. This stipulation may be amended without leave of the court by an agreement
of counsel in the form of a stipulation to be med with the court. 7. The parties request the Court to enter an order consistent with this
stipulation.
1/
"
1/

17 It , DATED this

day of /\;( fA (6

2004.

A. LUIS LUCERO, JR. Regional Attorney

ERIC S. DREIBAND General Counsel

JOHN F. STANLEY Supervisory Trial Attorney

JAMES L. LEE Deputy General Counsel

LISA COX

Trial Attor BY:

oL ~~

EQU E PLOYMENT OPPORTUNITY

COMMISSION

Seattle District Office

909 First Avenue, Suite 400

Seattle, Washington 98104

GWENDOLYN YOUNG REAMS Associate General Counsel
Office of the General Counsel 1801 "L" Street NW Washington, D.C. 20507

Telephone (206) 220-6890

Attorneys for Plaintiff

KELLER W. ALLEN

BY: - - - - - -
ALLEN & MCLANE The Paulsen Center, Suite 421 421 W. Riverside Ave. Spokane, WA 99201

Attorney for Plaintiff Intervenor

MICHAEL H. CHURCH

BY: - - - - - -
STAMPER, RUBENS, STOCKER & SMITH, P.S. 720 West Boone, Suite 200 Spokane, WA 99201

Attorney for Defendant

ZDS ZZD a811
"

•

DATED this ,LLday of \\'\V../v'GV) .2004.

A. LUIS LUCERO, JR.
Regional Attorney

ERIC S. DREI~O
General Couns~

JOHN F. STANl.EY
Supervlaory Trial Attomey

JAMES L. LEE
Deputy General Counsel

ra~

E

y.

~

PlOYMENT

~RTUNITV

COMMISSION

Seattle District Office

909 First Avenue, Suite 400

Seattle, Washington 98104

GWENDOLYN YOUNG REAMS Associate General Counsel
Office of the General Counsel 1801 "L" Street NW Washington, O.C, 20597

Telephone (206) 22o..aS90

Attorneys for Plaintiff

1~c7~Wlb KELLER W. ALLEN

BY:. Su.-

Irl'-

ptA-Vy

{A Htl(~

AllEN & MCLANE The Paulsen Center, Suite 421 421 W. Riverside Ave.
Spokane,VVA 99201

Attorney for Plaintiff Intervenor

MBY:"~ ~_

STAMPER, RUBENS,
STOCKER & SMITH. P,S. 720 West Boone, Suite 200 Spokane,VVA 99201

Attorney for ~efendant

'-

n DATED this

day of fJ"l&t, "C~ , 2004.

A. LUIS LUCERO, JR. Regional Attomey

JOHN F. STANLEY
Supervisory Trial Attomey

LISA COX
By.:·,......,~~~(!~
EQU E PLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104

ERIC S. DREIBAND General Counsel
JAMESL LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
Office of the General Counsel 1801 "L" Street NW Washington, D.C. 20507

Telephone (206) 220-6890

Attorneys for Plaintiff

BY:~tU~ KELLER W. ALLEN /f/J/ ~-Z'i'l( ALLEN & MCLANE The Paulsen Center, Suite 421 421 W. Riverside Ave. Spokane,VVA 99201

Attomey for Plaintiff Intervenor

MICHAEL H. CHURCH

t 54j ~ BY:

'71

h a7u v-<- e~ CA.. fl-cu ~ (/(

STAMPER, RUBENS, STOCKER & SMITH, P.S.
720 West Boone, Suite 200 Spokane,WA 99201

Attorney for Defendant

TnTOi P OI"J

•

_ ... w' . , - ...... ".

. U4IU&pa FrOll"tl;IX SEDO

ZUi Z2D &a11

ORDER

IT IS SO ORDERED.
DATEDTHIS~DAy·OF YvwrQ ,2004.
q=-~J<A~
UNITED STATES DISTRICT JUDGE

IIV·V"".

I' U

T"IU4 P.UU8/DDt P-DII

• ,

Z06 Z2D 6811

EXHIBIT A
I, the undersigned. have reael the stipulation fer Protective Order and Order In EeOC v, HUNJWQOD INDUSTRIES, INC" No, CS"()3-0309-FVS (E,D Wash.) and
agree to be bound by Its terms,
DATED: _ _ __

(Signature) (Print Name)

 
 1

LISA COX, TRIAL ATTORNEY

2 Lisa.Cox eeoc. ov

A. LUIS L CER ,JR., REGIONAL ATTORNEY

3 JOHN F. STANLEY, ACTING SUPERVISORY TRIAL ATTORNEY

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

4 909 FIRST AVENUE, SUITE 400 SEATTLE, WA 98104
5 Tel: (206) 220-6890

FILEO iN THE U.S. DiSTRIC" COURT EASTERN DISTRICT Of WASHINGTO»

Fax: (206) 220-6911 6

JUL 2] 2004

ATTORNEYS FOR PLAINTIFF 7

JAMES Ft. lAf.!SEIS. CLERk.
DEPln~
SPOI(NoIE~WASHINGTOt>·

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF WASHINGTON

10

11 EQUAL EMPLOYMENT

) Case No. CS 03-0309-FVS

OPPORTUNITY COMMISSION,

12 Plaintiff,
13 and

!CONSENT DECREE AND ORDER DISMISSING ACTION

14 JENNIFER GIBBS,

~

15
16

Plaintiff Intervenor, vs.

!DATED JULY 6, 2004

17 TRA INDUSTRIES, INC., dba

~

18 HUNTWOOD INDUSTRIES, INC.

)

~ 19 _________D_e_f_e_nd_a_n_t.__________

20

21 I. INTRODUCTION
22 1. This action originated when Jennifer Gibbs filed a charge with the Equal
23 Employment Opportunity Commission ("EEOC" or "Commission") on or about July 29,
24 2002. Gibbs alleged that TRA Industries, Inc., dba Huntwood Industries, Inc. ("Huntwood")
25 discriminated against her based upon her sex in violation of Title VII of the Civil Rights Act
26
of 1964,42 U.S.C.§ 2000e, et seq. ("Title VII") when it subjected her a sexually hostile
27

ORIGINAL

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
Federal Office Building 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone (206) 220-6863
Fax (206) 220-6911 TDO (206) 220-6862

1 work environment, resulting in her constructive discharge on December 31,2001.

2

2. On March 18, 2003, the EEOC issued a letter of determination with a finding of

3 reasonable cause that Huntwood violated Title VII when it subjected Ms. Gibbs to sexual

4 harassment because of her sex, female, resulting in her constructive discharge.

5 Thereafter, the EEOC attempted to conciliate the charge, but was unsuccessful.

6

3. The Commission filed its Complaint on August 20, 2003, in the United States

7 District Court for the Eastern District of Washington. The complaint alleges that

8 Huntowood violated Title VII by subjecting Ms. Gibbs to a sexually hostile work

9 environment because of her sex, resulting in her constructive discharge.

10

4. Defendant denied the allegations of discrimination in the EEOC's amended

11 complaint and asserted several affirmative defenses.

12

5. The Court then granted Gibbs leave to intervene by Order dated March 9, 2004.

13

6. The parties want to conclude fully and finally all claims arising out of EEOC's

14 complaint, the charge of discrimination filed with EEOC by Jennifer Gibbs, and the

15 complaint the EEOC filed pursuant to Title VII. The EEOC and Huntwood enter into this

16 Consent Decree to further the objectives of equal employment as set forth in Title VII and

17 Washington state law.

18

II. NONADMISSION OF LIABILITY AND NONDETERMINATION

19

BY THE COURT

20

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

21 and shall not be construed as an admission by Defendant of a violation of Title VII or

22 Washington state law.

23

III. JURISDICTION AND VENUE

24

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

25 1343 and 1345. This action is authorized pursuant to Sections 706(f)(1) and (3) of Title VII

26 of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3), and

27 Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981 a. The employment practices

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
Federal Office Building 009 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone (206) 22IJ..SB83
Fax (206) 220-6911 TOD (206) 220-6882

1 alleged to be unlawful in the complaint filed herein occurred within the jurisdiction of the

2 United States District Court for the Eastern District of Washington.

3

IV. SETTLEMENT SCOPE

4

9. This Consent Decree is the final and complete resolution of all allegations of

5 unlawful employment practices contained in Gibbs's discrimination charge, in the EEOC's

6 administrative determinations, and in the complaint filed herein, including all claims by the

7 parties for attorney fees and costs.

8

V. MONETARY RELIEF

9

10. In settlement of this lawsuit, Huntwood agrees to pay Jennifer Gibbs

10 $ 100,000 within fifteen (15) business days of the date this Consent Decree is entered by

11 the Court. Gibbs's settlement proceeds will be handled between Huntwood and Keller

12 Allen, Ms. Gibbs's legal counsel, whose law offices are located at The Paulsen Center,

13 Suite 421, 421 West Riverside, Spokane WA 99201. Gibbs will execute a separate release

14 agreement in return for the payment of settlement funds.

15

VI. AFFIRMATIVE AND OTHER RELIEF

16

A. General Provisions

17

11. Huntwood, its officers, agents, and employees will refrain from engaging in

18 practices which unlawfully discriminate against applicants and/or employees on the basis

19 of sex. In recognition of its obligations under Title VII, Huntwood will institute the policies

20 and practices set forth below.

21

B. Anti-Discrimination Policies and Procedures

22

12. Huntwood will carry out anti-discrimination and anti-sexual harassment policies,

23 procedures and training for employees, supervisors and management personnel, to the

24 extent not already established, and will provide equal employment opportunities for all

25 employees. Huntwood will evaluate and, where appropriate, modify the practices of its

26 managers and supervisors in order to prevent discrimination in employment. Huntwood will

27 ensure that its managers and supervisors understand its Equal Employment Opportunity

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SeatUe District Office
Federal Office Buildin!;! 909 First Avenue, SUite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TOO (206) 220-6882

.'

I ("EEO") policies and how those policies define and identify what constitutes employment

2 discrimination.

3

13. Within sixty (60) days of the date of the effective date of this Consent Decree,

4 Huntwood will: (a) review its EEO policy, and revise it as necessary, to ensure that it

5 adequately prohibits discrimination against applicants and/or employees on the basis of

6 sex and addresses Huntwood's obligation to provide a discrimination-free work

7 environment for its employees; and (b) distribute a written copy of its EEO policy to all

8 present and future employees, both management and non-management. Huntwood will

9 provide EEOC with a written copy of its EEO policy as part of its first annual report as

10 provided in paragraph 21 below.

II

C. Training

12

14. Huntwood will develop and present to all managers and supervisors in its

13 Spokane facility four (4) hours of training on employment discrimination, including

14 discrimination against applicants and/or employees based on sex, during the years 2005

15 and 2006. In addition, within 120 days of the entry of this Consent Decree, Huntwood will

16 develop and present to all employees a manual specifically addressing employment

17 discrimination and sexual harassment. The EEOC will have an opportunity to review the

18 manual and all training materials prior to the training date.

19

15. Huntwood will notify the EEOC of the completion of the training and will specify

20 the names and job titles of the employees who participated in and completed the training

21 as part of its semi-annual reporting to the EEOC.

22

D. Expungement of Records

23

16. Huntwood will not disclose any information or make references to any charge

24 of discrimination or this lawsuit in responding to employment reference requests for

25 information about Jennifer Gibbs.

26

17. Huntwood will expunge from all files of Gibbs, and from any other records

27 where the company keeps such information, except litigation files, any references to a

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office Federal Office Building
909 First Avenue, Suile 400 Seattle, Washington 96104-1061
Telephone (206) 220./5883 Fax (206) 220-6911 TOO (206) 220-6882

1 charge of discrimination against Huntwood and this lawsuit. If Gibbs wishes to do so,

2 Huntwood will permit her to review any personnel file pertaining to her, at the law offices of

3 Stamper, Ruben, Stocker and Smith, within thirty (30) days after the entry of this Consent

4 Decree to ensure that all such references have been expunged. Huntwood will not add any

5 information or references to the personnel files of Gibbs or records regarding the charge of

6 discrimination and this lawsuit after such references have been expunged.

7

E. Policies Designed to Promote Supervisor Accountability

8

18. Huntwood agrees that it shall impose discipline -- up to and including

9 termination, suspension without payor demotion -- upon any supervisor or manager who

10 discriminates against any applicant and/or employee on the basis of sex. Huntwood shall

11 communicate this policy to all of its supervisors and managers.

12

19. Huntwood agrees that it will revise its supervisor appraisal process to include

13 performance evaluations for the handling of EEO issues as an element in supervisor

14 appraisals, and to link such evaluations directly to supervisor salary/bonus structure.

15

20. Huntwood agrees that it shall include "commitment to equal employment

16 opportunity" as a criterion for qualification for supervisory positions.

17

G. Reporting

18

21. Huntwood shall report in writing to the EEOC within sixty days following the

19 date of entry of this consent decree, and one year thereafter for two years, the following

20 information:

21

a. Certification of the completion of four (4) hours of training and list of

attendees (for 2005 and 2006);

22

b. Certification that its EEO policy and manual on discrimination and

23

harassment, has been distributed to all current and newly hired employees;

24

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

policies and procedures which concern or affect the subject of discrimination

25

or retaliation.

26

d. A summary of discrimination complaints, if any, filed by employees working at

Huntwood which are reported to management and the resolution of each

27

complaint; and

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SeatUe District Office
Federal Office Building 909 First Avenue, Suite 400 Seattle, Washington 96104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TOO (206) 220-6882

1

e. A statement listing the other provisions of this Decree that defendant is

required to perform and certifying that Huntwood has complied with the

2

terms of the Decree. If Huntwood has not complied with any term of the

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

3

the noncompliance, and the steps taken to bring the defendants into

compliance.

4

H. Posting

5

22. Huntwood will post a Notice, attached as Exhibit 1 to this Consent Decree. The

6

Notice shall be posted on a centrally located bulletin boards at its Spokane facility for the

7

duration of the Consent Decree.

8

VII. ENFORCEMENT

9

23. If the EEOC determines that Huntwood has not complied with the terms of this

10

Decree, the EEOC will provide written notification of the alleged breach to Huntwood. The

11

EEOC will not petition the court for enforcement of the decree for at least thirty (30) days

12

after providing written notification of the alleged breach. The 3~-day period following the

13

written notice shall be used by the parties for good faith efforts to resolve the dispute.

14

VIII. RETENTION OF JURISDICTION

15

24. The United States District Court for the Eastern District of Washington shall

16

retain jurisdiction over this matter for the duration of the decree.

17

IX. DURATION AND TERMINATION

18

25. This Decree shall be in effect for three (3) years plus ninety (90) days

19

beginning the date this Court enters the Consent Decree. If the EEOC petitions the Court

20

for breach of the Decree, and the Court finds Huntwood to be in violation of the terms of

21

the Decree, the Court may extend the duration of the Decree.

22

X. CONCLUSION

23

26. The parties are not bound by any provision of this decree until it is signed by

24

authorized representatives of each party and entered by the Court.

25

26

27

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office Federal Office Building
909 First Avenue, Suile 400 Seattle, Washington 9S104-1061
Telephone (206) 220-6683 Fax (206) 220-6911 TOD (206) 220-6882

.
•
12 Attorneys for Plaintiff 13 14 Mike Church
Stamper, Rubens, Stocker and Smith, P.S.
1615 720 West Boone, Suite 200 :~~k&:!Jj/IL&tL
17 I
18 Attorneys for Defendant 19 /I 20 /I 21 /I 22 /I 23 /I
ORDER APPROVING CONSENT DECREE 24
The Court, having considered the foregoing stipulated agreement of the parties, 25
HEREBY ORDERS THAT the foregoing Consent Decree be, and the same hereby is, 26
approved as the final decree of this Court in full settlement of this action. This lawsuit is 27
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
Federal Office Building 909 First Avenue, Suile 400 Seattle, Washington 98104-1061 Telephone (206) 220-6883
Fax (206) 220-6911 TOO (206) 220-6882

I hereby dismissed with prejudice and without costs or attorneys' fees to any party. The

2 Court retains jurisdiction of this matter for purposes of enforcing the Consent Decree

3 approved herein.

4

5

;;? I DATED this

day of ----'--f-SJ-!!<.L+----, 2004.

6

7

8

~ HONORABLE FRED VAN SICKLE

9

UNITED STATES DISTRICT JUDGE

10

11

12

13

14

15

16

17

18

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20

21

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23

24

25

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle DistrIct Office Federal Office Building
909 First Avenue, Suile 400 Seattle, Washington 99104-1061
Telephone (206) 220-6683 Fax (206) 220-6911 TDO (206) 220-6882

 
 CM/ECF LIVE - U.S. District Court:waed - Docket Report

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CLOSED, JURY, LC02, PROTO
Eastern District of Washington U.S. District Court (Spokane) CIVIL DOCKET FOR CASE #: 2:03-cv-00309-FVS

EEOC v. T R A Industries Inc, et al Assigned to: Judge Fred Van Sickle Demand: $0 Cause: 28:451 Employment Discrimination
Plaintiff Equal Employment Opportunity Commission

Date Filed: 08/22/2003 Date Terminated: 07/21/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by A Luis Lucero, Jr Equal Employment Opportunity Commission - SEA Seattle District Office 909 First Avenue Suite 400 Seattle, WA 98104 206-220-6878 Fax: 12062206911 Email: luis.lucero@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric S Dreiband Equal Employment Opportunity Commission - DC Office of the General Counsel 1801 "L" Street NW Washington, DC 20507 202-634-6000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F Stanley Equal Employment Opportunity Commission - SEA Seattle District Office 909 First Avenue Suite 400 Seattle, WA 98104 206-220-6896 Fax: 206-220-6911 Email: john.stanley@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. Defendant T R A Industries Inc also known as - Huntwood Industries Inc
Defendant - Huntwood Industries Inc
Intervenor Plaintiff Jenifer D Gibbs

Lisa Cox Equal Employment Opportunity Commission - SEA Seattle District Office 909 First Avenue Suite 400 Seattle, WA 98104 206-220-6883 Fax: 12062206911 Email: lisa.cox@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Michael H Church Stamper Rubens Stocker & Smith PS 720 W Boone Avenue Suite 200 Spokane, WA 99201 509-326-4800 Email: mchurch@stamperlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Michael H Church (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Keller Wayne Allen Allen & McLane PC Paulsen Center Suite 421 421 West Riverside Avenue Spokane, WA 99201 509-777-2211 Email: kwa@allenmclane.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/22/2003

#

Docket Text

1 COMPLAINT Demand for Jury Trial (Summons(es) issued) Fee-status: wv Receipt #: wv (CR) (Entered: 08/22/2003)

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08/26/2003 09/18/2003 10/03/2003 10/29/2003 12/03/2003 12/12/2003 12/30/2003 01/12/2004
01/26/2004 01/26/2004 01/26/2004 02/10/2004 02/10/2004 03/10/2004
03/11/2004 03/19/2004

Law Clerk assigned to case is 02 (PW) (Entered: 08/26/2003)
2 NOTICE OF APPEARANCE for defendants; Atty Michael H Church appearing (CR) (Entered: 09/19/2003)
3 SUMMONS/RETURN OF SERVICE executed upon defendant T R A Industries Inc, defendant - Huntwood Industries (CR) (Entered: 10/03/2003)
4 ANSWER to Plaintiff's Complaint and Affirmative Defenses by defendant (CR) (Entered: 10/29/2003)
Sched Conference Notice ;telephonic sched conf 9:00 12/30/03 Spokane, WA (PW) (Entered: 12/03/2003)
5 Joint Certificate of Counsel and Proposed Discovery Plan by defendant and plaintiff pur. to FRCP 26(F) (CR) (Entered: 12/12/2003)
6 MINUTES: SCHEDULING CONF Held Hearing Location: Spokane before Chief Judge Fred Van Sickle CONFERENCE HELD (CR) (Entered: 12/30/2003)
7 Scheduling Conference Order by Chief Judge Fred Van Sickle (joint settlement status report ddl: 5/25/04; telephonic settlement status report conf 5/27/04 @ 8:30; discovery to be complete 9/13/04; Disp mtn ddl: 9/20/04; Mtn in limine ddl: 11/22/04; proposed PTO due 12/16/04; pretrial conference 8:30 12/21/04 Spokane, WA; Jury Trial set 9:00 1/10/05 Spokane, WA) (cc:all counsel) (CR) (Entered: 01/12/2004)
8 MOTION by plaintiff of Jenifer D Gibbs to intervene pursuant to 42 USC 2000e-5(f)(1) and FRCP 24(a) (CR) (Entered: 01/28/2004)
9 Memorandum by intervenor-plaintiff in support of motion of Jenifer D Gibbs to intervene pursuant to 42 USC 2000e-5(f)(1) and FRCP 24(a) [8-1] (CR) (Entered: 01/28/2004)
10 Notice by intervenor-plaintiff of hearing setting motion of Jenifer D Gibbs to intervene pursuant to 42 USC 2000e-5(f)(1) and FRCP 24(a) [8-1] (tele argument) 9:00 2/27/04 Spokane, WA (CR) (Entered: 01/28/2004)
11 Stipulation by intervenor-plaintiff Jenifer D Gibbs of non-opposition to motion of Jenifer D Gibbs to intervene [8-1] (CR) (Entered: 02/10/2004)
12 PROPOSED RECEIVED Order Granting motion of Jenifer D Gibbs to intervene [8-1], and striking hearing on motion to intervene [10-1] submitted by intervenor-plaintiff Jenifer D Gibbs (CR) (Entered: 02/10/2004)
13 ORDER by Chief Judge Fred Van Sickle granting motion of Jenifer D Gibbs to intervene pursuant to 42 USC 2000e-5(f)(1) and FRCP 24(a) [8-1]; court's scheduling conference order will remain in effect and shall apply to Ms Gibbs (cc: all counsel) (CR) (Entered: 03/10/2004)
14 Intervenor's COMPLAINT by Jenifer D Gibbs (Jury Trial Demanded) (CR) (Entered: 03/12/2004)
15 PROPOSED RECEIVED Stipulation for Protective Order and Proposed Order submitted by plaintiff (CR) (Entered: 03/22/2004)

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03/24/2004 05/20/2004 05/21/2004 05/21/2004 06/01/2004 06/04/2004 06/15/2004 07/15/2004 07/15/2004 07/15/2004 07/21/2004
07/21/2004
07/21/2004

16 Stipulation and ORDER by Chief Judge Fred Van Sickle : for protective order (cc: all counsel) (CR) (Entered: 03/24/2004)
Courtroom Deputy Modification (Utility Event) ; Telephone status conf re set 10:00 6/1/04 Spokane, WA (PW) (Entered: 05/20/2004)
Courtroom Deputy Modification (Utility Event) (PW) (Entered: 05/21/2004)
17 Joint Settlement Status Report filed by defendant, plaintiff, intervenor-plaintiff (CR) (Entered: 05/24/2004)
18 MINUTES: STATUS CONFERENCE HELD Hearing Location: Spokane before Chief Judge Fred Van Sickle (CR) (Entered: 06/01/2004)
19 Declaration of Service of: Subpoena in a Civil Case; Notice of Deposition and Subpoena Duces Tecum of Richard Morrison (CR) (Entered: 06/04/2004)
20 Expert Disclosure submitted by defendant (CR) (Entered: 06/15/2004)
21 JOINT MOTION by defendant, plaintiff, intervenor-plaintiff for dismissal with prejudice (CR) (Entered: 07/16/2004)
22 PROPOSED RECEIVED Order for Dismissal with Prejuce [21-1] submitted by defendant, plaintiff, intervenor-plaintiff (CR) (Entered: 07/16/2004)
23 PROPOSED RECEIVED Consent Decree and Order Dismissing Action submitted by plaintiff, defendant (CR) (Entered: 07/16/2004)
24 CONSENT DECREE and ORDER Dismissing Action by Senior Judge Wm. Fremming Nielsen (Hereby Orders that the Foregoing Consent Decree be, and the same hereby is, approved as the final decree of this Court in full settlement of this action. This lawsuit is hereby dismissed with prejudice and without costs or attorneys' fees to any party [COB 204-32]) (cc: all counsel) (CR) Modified on 07/21/2004 (Entered: 07/21/2004)
25 ORDER for Dismissal with Prejudice by Senior Judge Wm. Fremming Nielsen (Complaints are dismissed with prejudice, each party shall bear their own attorney fees and costs [204-33]) (cc: all counsel) (CR) (Entered: 07/21/2004)
26 ORDER Closing File by Senior Judge Wm. Fremming Nielsen terminating case COB 204-34 (cc: all counsel) (CR) (Entered: 07/21/2004)

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 EEOC LITIGATION SETTLEMENT REPORT - July 2004

http://www.eeoc.gov/litigation/settlements/settlement07-04.html

EEOC v. Huntwood Industries No. CS-03-0309-FVS (E.D. Wash. July 21, 2004)
The Seattle District Office filed a Title VII sexual harassment suit against a leading manufacturer of custom cabinets. Seattle alleged that management at the company's main production facility in Spokane, Washington failed to take appropriate action after charging party, a female cabinet maker, complained about constant lewd remarks, gender epithets, and sexual conduct by her male coworkers. The district office also alleged that defendant's failure to take remedial action under the guise that the sexual harassment was "all in fun" resulted in the constructive discharge of CP, who felt compelled to resign when no effort was made to stop the harassment. In accordance with a consent decree spanning three years and three months, defendant agrees to pay $100,000 to CP. Defendant will provide 4 hours of anti-discrimination training to the managers and supervisors at the Spokane facility and agrees to impose discipline upon any supervisor or manager who engages in sex discrimination. Defendant also will revise the supervisor appraisal process to include as an element the supervisor's handling of EEO issues and will include a "commitment to equal employment opportunity" as a qualification criterion for supervisory positions.

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