A. LUIS LUCERO, JR., REGIONAL ATTORNEY KATIIRYN OLSON, SUPERVISORY TRIAL ATTORNEY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400 SEATTLE, WA 98104 TEL: (206) 220-6895 FAX: (206) 220-6911 KathlYn.Olson@eeoc.gov
ATTORNEYS FOR PLAINTIFF
ORIGINAL

SEP - 9 2002

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF IDAlIO

)

EQUAL EMPLOYMENT OPPORTUNITY

)

eN 0 2-- 0 42 ~) - $- BlW

COMMISSION,

) CIVIL ACTION NO.

)

Plaintin:

) COMPLAINT

)

v.

) JURY TRIAL DEMAND

)

IDAlIO PETERBILT, INC.

)

)

)

Defendant.

)

)

NATURE OF THE ACTION
This is an action under Title VII or the Civil Rights Act of 1964 and Tille I of the Civil

Rights Act of 199 I to correct unlawful employment practices on the basis of sex and retaliation

and to provide appropriate rcliefto Robert Baty and Dret Purcell. The Equal Employment

Opportunity Commission alleges that defendant Idaho Peterbilt, Inc. subjected Mr. Baty and Mr.

Purcell to sex discrimination and also subjected Mr, Purcell to retaliation. Plainti IT seeks

COMPLAINT - Page 1

U.S. EqUAL EMPLOYMENT OPPOO'T\lNJ:TY COMMJ:SSJ:ON
5t:attl& bistl"'ict Offiee 909 ~!rst Alrr:nue., Suite 400 ,seattle:, Washington 9!1104-1061 Te1ephorte. (:::06) 220-6883
Fal:~imile: (20~J 220-6911 TDD~ (206) 220-6882

injunctive and monetary relief; including pecuniary and nonpecuniary compensatory damages and punitive damages, on behalf of Mr. Daty and Mr. Purcell.
JURlSDICTION AND VENUE I. 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 scetions 706(f)(1) and (3) of Title Vll of the Civil Rights Act of 1964, as amended, 42 U.S.C. sections 2000e-5(f)(J) and (3)
("Title Vll"), and Section 102 of the Civil Rights Ad or 1991,42 U.S.C. §1981a.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District ofIdaho.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to hring this action by Section 706(f)(1) of Title VII, 42 U.S.c. §2000e-5(t)(1). 4. At all relevant times, defendant, Idaho Peterbilt, Inc. ("Peterbilt") has heen a corporation continuously doing business in the State of Idaho and has continuously had at least 15 employees. 5. At all relevant times, defendant Pcterhilt has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title Vll, 42 U.S.C. §§2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Robert Baty and I3rct

COMPLAINT - Page 2

U,5. EQUA~ EMI'~OYMENT Of>f>ORnJNnY COMMISSION 5411a"ttl£ Dis1'rle1' Offl«:
909 First Avr.hue, 5uit~ 400
5e<lttll!, WdshlMgtOI'l 9BI04-1061 Telephone: (206) 220-688::1
FOGsimile: (206) 220-6911 TDD: (206) 220-6B82

Purcell filed charges with the Commission alleging violations of Title VII by defendant Peterbilt. All conditions precedent to the institution ofthi8 lawsuit have heen fulfilled.
7. Beginning on or before January 1999, ddendant Peterbilt engaged in unlawful
employment practices at its Boise, Idaho facility in violation of *§ 703(a) and 704(a) of Title VII,
42 U.S.C. §§ 2000e-2(a) and -3(a). Defendant Peterbilt affected the terms and conditions of employment of Mr. Baty and Mr. Purcell by subjecting them to ongoing harassmcnt based on sex and by subjecting Mr. Purcell to retaliation for his complaints of discrimination.
8. The eflect of the practices complained of in paragraph 7 above has been to deprive Mr. Baty and Mr. Purcell of equal cmploymcnt opportunities and otherwise adversely affect his status as an employee because of sex and retaliation.
9. The unlawful employment practices complained of in paragraph 7 above werc intentional.
10. The unlawful employment practices complained of in paragraph 7 ahove were done with malicc or with rcckless indifference to the federally protected rights of Mr. Baty and Mr. Purcell.
PRA YER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining defcndant, its officers, successors, agents, assigns, and all pcrsons in active com;"rt or participation with it, from engaging in any employmcnt practices which discriminate on the bases of sex and retaliation. B. Order defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for all employees, and which eradicate the effects of its

COMPLAINT - Page 3

U .5. EQUA~ EMP~OYMENT OPPORTUNITY COMMISSION
SIllGttl~ Oistrle'l' Offlct. 909 Fir~t Ave:hu~, Sl,Jit~ 4\00 Seattle, Washington 98104-1061 Telephone: (206) 220-6aB3
Fo.G~imile: (206) 220-6911 TtlD: (206) 220-6ea~

past and present unlawful employment practices. C. Order defendant to make whole Mr. Baty and Mr. Purcell by providing
appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other aflirmative relief necessary to eradicate the effects of its unlawful employment practices.
D. Order defendant to make wholc Mr. l3aty and Mr. Purcell by providing compensation for past and future pecuniary losses resulting from the unlawful employmcnt practices described in paragraph 7 above, including past and fhturc out-of-pocket expenses, in an10unts to be determined at trial.
E. Order defendant to make whole Mr. Haty and Mr. Purcell by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including without limitation emotional pain, suffering, and loss of enjoyment oflife, in amounts to be detem1ined at trial.
F. Order defendant to pay Mr. Baty and Mr. Purcell punitive damages for its malicious and reckkss conduct descrihed in paragraph 7 above, in amounts to be determincd at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
II. Award the Commission its costs of this action. II II II II

COMPLAINT - Page 4

U ,5. EQVA~ EMPWYMENT OPPORTUNITY COMMl'SSION Seattle bi,tr"id Office 909 First A'lfin~, Suitt!: 4<)0
58(lttl~, Washington 98104-1061 Telephone: (206) 220-6883 FCl(;simile: (206) ,20-6911 lI;ID: (206) 220-688~

JURY TRIAL DEMAND The Commission requests a jury trial on all questions offact raised by its complaint.

DATED this ~~. day of -.SQ--p-kYI"J)"Lr , 2002.

A. LUIS LUCERO, JR. Regional Attorney
rJ«tldtl t KATHRYN OLSON
Supervisory Trial Attorney
BY " (j,aia,

GWENDOLYN YOUNG REAMS Associate General Counsel

EQUAL EMPLOYMENT OPPORTUNITY EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

COMMISSION

Seattle District OITice

Office ofthe Gencral Counsel

909 First Avenue, Suite 400

1801 "L" Street, N.W.

Seattle, Washington 98104

Washington, D.C. 20507

Telephone (206) 220-6895

Facsimile (206) 220-6911

Attorneys Il)f Plainti1f

COMPLAINT - Page 5

u.s. EQUAL EMPLOYMENT OI'PORTUNITY COMMISSION
Sl:attl. bil!ltrict Dffiee
909 First AVI!I\Ue, 5uit~ 400 Se<lttle, Washingt<m 96104-1061
Tl!:lr.phonl!:: (206) 220-6883 rQ~!Iir'l'lilt!5: (206) 220 . 6911 mD: (206) 220-6882

 
 •

•

•

A. LUIS LUCERO, JR., REGIONAL ATTORNEY KATHRYN OLSON, SUPERVISORY TRTAL ATTORNEY CARMEN FLORES, SENIOR TRTAL ATTORNEY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400 SEATTLE, W A 98104 TEL: (206) 220-6893 FAX: (206) 220-6911 CarmenM.Plores(iv.eeoc.gov

ATTORNEYS FOR PLAINTIFP

UNITED STATES DISTRTCT COURT

FOR TIlE DISTRTCT OF IDAIIO

)

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

) CIVIL ACTION NO. 02-0425-HLW

)

Plaintiff,

)

)

v.

) AMENDED COMPLAINT

)

IDAHO PETERBILT, INC.

) JURY TRIAL DEMAND

)

)

Defendant.

)

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title Tol'lhe Civil Rights Aet of 1991 to correct unlawful employment practices on the basis of sex and constructive discharge and to provide appropriate relief to Robert Haty and Bret Purcell. The Equal Employment Opportlmity Commission alleges that defendant IdailO Peterbilt, Tnc. subjected Me.

COMPLAINT - Page 1

U.S. EQUAL EMPLOYMENT OPPORTUNrT'Y COMMISSION
5&attl& bist"ic:;t Office 909 First Avenue, Suite 400 suttl@, Wilshington 98104-1061 Telephone; (206) 220 ·6883
FI;1t;;ilflile:: (206)220-6921
TDD: (206) 220-6882

- - - - - - - - - - - - - _.._-

•

•

Baty and Mr, Purcell to sex discrimination, also resulting in Mr. Purcdl's constructive discharge,

Plaintiff seeks injunctive and monetary relief, including pecuniary and nonpecuniary

compensatory damages and punitive damages, on behalf of Mr. Baty and Mr. Purcell.

JURISDICTION AND VENUE

I. Jurisdiction of this Court is invoked pursuant to 281JS.C. §§451, \331, 1337,

1343 and 1345, This action is authorized and instituted pursuant to sections 706(f)(1) and (3) or

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S,c. sections 2000e-5(f)(I) and (3)

("Title VII"), and Section 102 ofthe Civil Rights Act of 1991, 42 U,S.c. §1981a,

2, The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court lur the District of Idaho,

PARTIES

3, Plainti!]; the Equal Employment Opportunity Commission (the "Commission"), is

the agency of the United States of America charged with the administration, interpretation and

enforcement of Tille VII, and is expressly authorized to bring this action by Section 706(t)(I) of

Title VII, 42 U.S.c. §2000e-5(f)(l),

4. At all relevant times, defendant, Idaho Peterbilt, Inc, ("Peterbiltn) has been a

corporation continuously doing business ill the State of Idaho and has continuously had at least

15 employees.

5. At all relevant times, derendant Peterhilt has continuously been an employer

engaged in an industry affecting commerce within the meaning of' Sections 701 (h), (g) and (h) of

Title VII, 42 U,S.c. §§2000e-(b), (g) and (h).

COMPLAINT - Page 2

U.S. EQUAl. EMPLOYMENT OPPORTUNITY COMMISSION
Seat'l'le Dlstrle, Offi~
909 Fir$t Ave."ur., Suite 400 S~ttlr:. Washitlg1'otl 981Q4-1061
Tl!5lephot\l!;: (l06) 2l0-68B3 Facsimile.: (206) 220-6911 TOO: (206) 220-688;:t

• • STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Robert Baty and Bret Purcell filed charges with the Commission alleging violations of Title Vll by defendant Peterbill. All conditions precedent to the institution 0 I' this lawsuit have been fulfilled. 7. Beginning on or before January 1999, deli!ndant Peterbilt engaged in unlawful employment practices at its Boise, Idaho facility in violation of §§ 703(a) and 704(a) of Title VII, 42 V.S.c. §§ 2000c-2(a) and -3(a). Defendant Peterbilt affected the terms and conditions of employment ofMr. Baty and Mr. Purcell by subjecting them to ongoing harassment based on sex, and which also resulted in Mr. Purcell's constructive discharge. 8. The efl'ect of the practices complained of in paragraph 7 above has been to deprive Mr. Baty and Mr. Purcell of equal employment opportunities and otherwise adversely affect each person's status as an employee because of sex and which also resulted in Mr. Purcell's constructive discharge. 9. The unlawful employment practices complained of in paragraph 7 above were intentional. 10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Mr. Baty and Mr. Purcell.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a pennanent injunction enjoining defendant, its officers, successors, agents, assigns, and all persons in active concert or participation with it, from engaging in any

COMPLAINT - Page 3

u.s. EQUAL EMPLOYMENT OPPORTVNITY COMMISSION
SIIIClttJ. Oi.!ltrict OffiCII 90~ fir.i:t A~nu~, Suitr: 400 ~a.ttle., Wa~hitlgtDh 98104-1061 n.ll!phoM: (206) 220-6883
Facsimile;: (206) 220-6911 TDD; (206) 220-6662

•

•

•

employment practices which discriminate on the bases of sex and constructive discharge.

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

provide equal employment opportunities for all employees, and which eradicate the effects of its

past and present unlawful employment praetiecs.

C. Order defendant to make whole Mr. Raty and Mr. Purcell by providing

appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other

aflimlative relief nccessary to eradicate the efIects of its unlawful employment practices.

D. Order defendant to makc whole Mr. Daty and Mr. PW'cell by providing

compensation fbr past and ("uture pecuniary losses resulting from fhe unlawful employment

practices described in paragraph 7 above, including past and future out~of·pocket expenses, in

amounts to be determined at trial.

E. Order defendant to make whole Mr. Baty and Mr. PUTcell by providing

compensation for past and future nonpecuniary losses rcsulting from the unlawful practices

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

loss oj" enjoyment of life, in amounts to bc determined at trial.

F. Order defendant to pay Mr. Raty and Mr. Purcell puniti ve damages for its

malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at

trial.

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

interest.

H. 1\ward the Commission its costs ofthis action.

II

COMPLAINT - Page 4

u.s. EQUAL EMPLOYMENT OPPORTlJNrTY COMAUssION
5e.lltt~ Oistriet OffiCI!;
909 rir~t AVl!.l1u~, Suit!!: 400 Sl!OttlB, WdShlMgtOI'l 98104-1061
Tell!phone: (206) ~20-6883 FQtsimile; (:~06) 220-6911 TOO; {206) 220-6862

• • JURY TRIAL DEMAND The Commission requests a jury trial On all questions of fact raised by its complaint.

DATED this tR6A day ork.fM1l0.eJc..., ,2002.

A. LUIS LUCERO, JR. Regional Attorney

GWENDOLYN YOUNG REAMS Associate General Counsel

KATHRYN OLSON Supervisory Trial Attorney

CARMEN FLORES Senior Trial Attom~y

(f

BY: 4. cAtHA; ~--Y2.
/

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seu((1e District Office 909 First Avenue, Suite 400 Seattle, Washington 98104 Telephone (206) 220-6893 Facsimile (206) 220-6911

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

Attorneys for Plaintiff

COMPLAINT - Page 5

u. s. EQUA~ EMPLOYMENT Of>PO~TUNnY COMMISSION
Seanl, Dlstrle1' Offiee
909 fir$1" ;'~nI,I~, Suite. 400 5~Qttll!., WQ~hitlgt!JtI 98104-1061
nll!iphol\t!i: (206) 220-6883 Facslmlll!;: (206) 220-6911 TbD: (;106) 220-6862

 
 •

•(J n '~).

n

A. LUIS LUCERO, JR., REGIONAL ATTORNEY

ltJtJ'l '-'Of /0.

KATHRYN OLSON, SUPERVISORY TRIAL ATTORNEY 1/,f1.2) ',. fTIS

2 CEQARUMALENEMFPLOLORYESM,ESNETNOIOPRPOTRRTIAULNAITTYTOCORMNMIESYSIUl)!1l~Q('), ,

/:J
J.. I"

3 909 FIRST AVENUE, SUITE 400

;'//{)VliifD

SEATTLE, WASHINGTON 9 8 1 0 4 \ , , : ; 8(;;i'~

4 TELEPHONE: (206) 220-6893

""1/IO'/((:

5 Attorneys for Plaintiff 6 7

.ORIGINAL

8

UNITED STATES DISTRICT COURT

DISTRICT OF IDAHO

9

10 EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

11

)

Plaintiff,

)

12

)

)

13

v.

)

)

14

)

IDAHO PETERBILT, INC.,

)

15

)

Defendant.

)

16

)

17 ---------------------------)

CASE NO. CV-02-425-S-BLW
CONSENT DECREE AND [PROPOSEDl ORDER OF DISMISSAL

18

I. INTRODUCTION

19

1. This action originated with a discrimination charge filed by Robert Baty

20 and Bret Purcell ("Charging Parties") with the Equal Employment Opportunity

21 Commission. The Charging Parties alleged that Idaho Peterbilt, Inc.("ldaho Peterbilt")

22 subjected them to sex discrimination on the basis of their sex, male, also resulting in

23 Mr, Purcell's constructive discharge in violation of Title VII of the Civil Rights Act of

24 1964, as amended (''Title VII"), 42 U.S,C, § 2000e et seq.

25

2, The EEOC sent Idaho Peterbilt a Letter of Determination with findings of

CONSENT DECREE - 1

U,S, EQUA~ EMPLOYMENT OPPORTUNnY COMMISSION Scuttle bls1'r'j~t Offjce 90g first Avenue:, Suite: 400
Sl!idttll!;, Wdshlngtol'l 98104-1061
Telli:-phone. (206) 220-66133 FQc~imil~: (206) 220-6911 TDD: (206) 220-6882

• •

reasonable cause to believe that Idaho Peterbilt had violated Title VII.

2

3. The EEOC and Idaho Peterbilt want to conclude ali claims arising out of

3 the above charge without expending further resources in contested litigation.

4 II. NON-ADMISSION OF LIABILITY AND NON-DETERMINATION BY THE COURT

5

4. This Consent Decree is not an admission of wrongdoing or an

6 adjudication or finding on the merits of the case.

7

III. SETTLEMENT SCOPE

8

5. This Consent Decree is the final and complete resolution of ali Title VII

9 aliegations of unlawful employment practices contained in the EEOC's administrative

10 determination and the complaint filed herein by the EEOC.

1 I

IV. JURISDICTION AND VENUE

12

6.

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

13 1337,1343 and 1345. Plaintiff EEOC's action is authorized pursuant to Sections

14 705(g)(6), 706(f)(1) and (3) and Section 707 of Title VII of the Civil Ri9hts Act of 1964,

15 as amended, 42 U.S.C §§2000e-4(f)(6), 2000e-5(f)(1) and (3) and 2000e-6 ("Title VII")

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

17 practices alieged to be unlawful in the EEOC's Complaint occurred within the

18 jurisdiction of the United States District Court for the District of Idaho.

19

V. DEFINITION OF TERMS

20

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

21

7. "The Effective Date of the Consent Decree" is the date the United States

22 District Court for the District of Idaho enters the Consent Decree and (Proposed) Order

23 of Dismissal.

24

8. Unless otherwise indicated, the word "days" refers to calendar days.

25

9. "Formal or Informal Complaints" includes any complaint, whether written

CONSENT DECREE - 2

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSlON ~~ttl4! Oi.$tl"iet OffJr.18 909 First Avel'ltle. Suit!!; 400
S~ttle, Woshington 96104-1061 Te.l~lJhllne:: (206) 220·6883 FlIcslmlle: (206) 220-6911
TO{); (206) 1120-6682

• •

1 or oral, made to a supervisory employee of Idaho Peterbilt.

2

VI. MONETARY RELIEF

3

10. In settlement of the EEOC's claims in this lawsuit, Idaho Peterbilt has

4 agreed to pay Mr. Baty and Mr. Purcell the total sum of $80,000.00, less applicable

5 withholdings required by law.

6

VII. INJUNCTIVE RELIEF

7

A. Compliance with Title VII

8

11 Idaho Peterbilt reaffirms its commitment to comply with Title VII. To

9 further this commitment, the company shall monitor the affirmative obligations of this

10 Consent Decree. The terms of this Consent Decree apply to all applicants and

11 employees.

12

12. Idaho Peterbilt will not retaliate against any applicant or employee for

13 opposing a practice deemed unlawful by Title VII or for making a charge, testifying,

14 assisting, or participating in any investigation, proceeding, or hearing associated with

15 this action.

16

13. Idaho Peterbilt, its officers, agents, and employees are hereby enjoined

17 from engaging in personnel practices which unlawfully discriminate against applicants

18 and employees in violation of Title VII. In recognition of its obligations under Title VII,

19 Idaho Peterbilt will institute the policies and practices set forth below.

20

14. Idaho Peterbilt will improve and strengthen its existing policies against

21 discriminatory employment practices based on sex and retaliation by creating an

22 internal grievance and complaint resolution procedure as outlined below. This policy

23 will be distributed individually to all present and future employees, both management

24 and non-management, temporary and permanent, beginning 45 days after entry of this

25 decree and continuing for the duration of the decree.

CONSENT DECREE - 3

u.s. EQUA~ EMPLOYMENT Of'PORTUN!TY COMAAXSSION
Se,dttll! Oistl"'ict Offi(;c 909 First Avenue, Suite 400
Seottle, WQ,shin!POn 98104-1061 Te.le.phoh~: (206) 220-6883 Facsimile: (206) j1~O-6911
TOO: (206) 220-6882

• •

1

15. Idaho Peterbilt affirms the following "Statement of Zero-Tolerance Policy

2 and Workplace Objectives":

3

Idaho Peterbilt is firmly committed to developing and

maintaining a zero-tolerance policy concerning sex

4

discrimination, sex-based harassment including same-sex

harassment and retaliation against individuals who report

5

discrimination or harassment in the company's workplace; to

swiftly and firmly responding to any acts of sex

6

discrimination, same-sex harassment or sex-based

harassment or retaliation of which the company becomes

7

aware; to implementing a disciplinary system that is

designed to strongly deter future acts of sex discrimination,

S

same-sex harassment or sex-based harassment or

retaliation; to eradicating any vestiges of a work environment

9

that is sexually hostile to individuals; and to actively

monitoring its workplace in order to ensure tolerance,

10

respect and dignity for all people,

11

B. Ex.punging Records

12

16. Idaho Peterbilt will not disclose any information or make references to any

13 charge of discrimination or this lawsuit in responding to employment reference requests

14 for information about Robert Baty and Bret Purcell. In response to any inquiries

15 regarding Mr. Baty and Mr. Purcell, Idaho Peterbilt shall provide employment references

16 that include only dates of employment and positions held,

17

17. Idaho Peterbilt will expunge from Mr. Baty's and Mr. Purcell's personnel

18 files, any references to a charge of discrimination against defendant and this lawsuit.

19 Idaho Peterbilt will not add any information or references to Mr. Baty's and Mr. Purcell's

20 personnel files or records regarding their charge of discrimination and this lawsuit after

21 such references have been expunged.

22 III

23 III

24 III

25

CONSENT DECREE - 4

U,S, EQUAL EMPlOYMENT OPPO~TVNITY COMMISSION ~(lttle bi5tri~t Office.
909 fir~t A~f1I.j~, Suite. 400
Seattle, Washington 98104-1061
T4!ll!phone: (206) 220-6883 F(\~simile. (206) 220.6911
TDD: {206) 220-6882

• •

1

C. Workplace Policies

2

18. In order to effectuate the objectives embodied in Idaho Peterbilt's

3 Statement of Zero-Tolerance Policy and Workplace Objectives and this Decree, Idaho

4 Peterbilt shall make whatever specific modifications are necessary to its existing

5 policies, procedures, and practices in order to ensure that the following policies,

6 procedures and practices are in effect:

7

(a) Sex Discrimination and Harassment Policy. Idaho Peterbilt agrees

8

that it shall revise its sex discrimination and harassment policy, as

9

necessary, in order to:

10

(i) provide clear definitions and examples of prohibited sex

11

discrimination, sex-based harassment including same-sex

12

harassment, and retaliation;

13

(ii) provide for substantial and progressive discipline for

14

incidents of sex discrimination, or sex-based harassment

15

including same-sex harassment, and retaliation;

16

(iii) provide that complaints of sex discrimination, sex-based

17

harassment including same-sex harassment and retaliation

1.8

will be accepted by Idaho Peterbilt in writing and orally;

19

(iv) provide a timetable for reporting a complaint, for

20

commencing an investigation after a complaint is made or

21

received and for remedial action to be taken upon

22

conclusion of an investigation; and

23

(v) indicate that, promptly upon the conclusion of its

24

investigation of a complaint, Idaho Peterbilt will

25

communicate to the complaining party the results of the

CONSENT DECREE - 5

V.S. EQUAl EMPlOYMENT OPPO~TVNITY COMMIssION ~Qttll!l Oi$lrle1' Offlee
909 First Menue, Suitt!; 4<)0
Se(lttle, WQshi~gton 98104-1061 Te.lephon~: (206) 220.6883 F(lcslmile: (206) 2:20-6911
TOO. (206) 220-6882:

• •

investigation and the remedial actions taken or proposed, if

2

any.

3

(b) Complaint Procedures.

4

(i) Idaho Peterbilt agrees that it shall institute a complaint

5

procedure to ensure that it is designed to encourage

6

employees to come forward with complaints about violations

7

of its sex discrimination, sex-based harassment including

8

same-sex harassment and retaliation policy. As part of this

9

policy, Idaho Peterbilt agrees that it shall provide its

10

employees with convenient, confidential and reliable

1 1

mechanisms for reporting incidents of sex discrimination,

12

sex-based harassment including same-sex harassment and

13

retaliation. Idaho Peterbilt agrees that it shall designate at

14

least two upper management employees charged with

15

investigating such issues, as persons who may be

16

contacted, and their names, responsibilities, work locations

17

and telephone numbers shall be routinely and continuously

18

posted.

19

(ii) Idaho Peterbilt agrees that it shall enable complaining

20

parties to be interviewed by Idaho Peterbilt about their

21

complaints in such a manner that permits the complaining

22

party, at such party's election, to remain inconspicuous to all

23

of the employees in such party's work area. Idaho Peterbilt

24

agrees that its complaint procedure shall not impose upon

25

individuals seeking to make a complaint alleging sex

CONSENT UECREE ~ 6

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
St!:attl. biliitrict Offi(;f. 909 Firrt J.~r\L~e. Suite 400 Seq,tt~. Wa~hil'19tDn 98104-1061 TdBphor.e: (206) 220-6883
Fo.c:simile; (206) 220.6911 TDD: (206) 220-68B2

• •

1

discrimination, sex-based harassment including same-sex

2

harassment and/or retaliation any requirements that are

3

more burdensome than are imposed upon individuals who

4

make other complaints of comparable gravity.

5

(iii) Idaho Peterbilt agrees that it shall ensure that its policies

6

and procedures provide that complaint handling and

7

disciplinary procedures regarding all complaints of sex

8

discrimination, sex-based harassment including same-sex

9

harassment and/or retaliation are investigated and

10

addressed promptly. Specifically, Idaho Peterbilt agrees that

11

it shall make its best effort to investigate all complaints of

12

sex discrimination, sex-based harassment including same-

13

sex harassment and retaliation promptly and to complete

14

investigations within five (5) weeks. Idaho Peterbilt will

15

further make its best effort to prepare its written findings of

16

the results of each investigation and the remedial actions

17

proposed within fourteen (14) days after completion of the

18

investigation, and shall thereupon promptly communicate to

19

the complaining party the results of the investigation and the

20

remedial actions taken or proposed, if any. Idaho Peterbilt

21

will maintain a centralized location for recording of all

22

discrimination or harassment complaints that it receives.

23

(iv) Idaho Peterbilt agrees that it shall make its best effort to

24

ensure that appropriate remedial action is taken to resolve

25

complaints and to avoid the occurrence of further incidents

CONSENT DECREE - 7

u.s. EQUA~ EMPLOYMENT OPPORTUNITY COMMISSION
Seoc.ttlt: Oi~trict Office
909 First Avenue, Suite 400
S8(lttle, Washington 9St0-4-1061 T,"I~phon~: (206) 220-6883
racsimlll!.: (206) 220-6911 TOD: (~06) 220-61362

• •

of sex discrimination, sex-based harassment including

2

same-sex harassment and retaliation. Idaho Peterbilt further

3

agrees that it shall revise its progressive discipline policy to

4

provide for substantial discipline short of termination --

5

including, but not limited to, suspensions without pay -- as a

6

possible consequence for violations of its sexual harassment

7

policy.

8

(c) Policies Designed To Promote Supervisor Accountability.

9

(i) Idaho Peterbilt agrees that it shall impose substantial

10

discipline -- up to and including termination, suspension

11

without payor demotion, or recommendation of suspension

12

of any supervisor or manager who engages in sex

i3

discrimination, sex-based harassment including same-sex

14

harassment or permits any such conduct to occur in his or

15

her work area or among employees under his or her

16

supervision, or who retaliates against any person who

17

complains or participates in any investigation or proceeding

18

concerning any such conduct. Idaho Peterbilt shall

19

communicate this policy to all of its supervisors and

20

managers.

21

(ii) Idaho Peterbilt agrees that it shall continue to advise all

22

managers and supervisors of their duty to actively monitor

23

their work areas to ensure employees' compliance with the

24

company's sex discrimination and harassment policy, and to

25

report any incidents and/or complaints of sex discrimination,

CONSENT DECREE - 8

U.S. EQlJAL EMPLOYMENT OPPORTUNITY COMMISSION Scattle bistr"id Offi«
909 First AV~fll../e., .suite 400
$\:.t;lttle, Wcshih!;lfOh 98104-1061
TB11!;phonB: (206) 220-6663 Facsimile; (206) 220·6911
TDD: (206) 220-6682

• •

sex-based harassment including same-sex harassment and

2

retaliation of which they become aware to the department

3

charged with handling such complaints.

4

(iii) Idaho Peterbilt ag rees to revise its current supervisor

5

appraisal process to include performance evaluations for the

6

handling of equal employment opportunity ("EEO") issues as

7

an element in supervisor appraisals, and to link such

8

evaluations directly to supervisor salary/bonus structure.

9

(iv) Idaho Peterbilt agrees that it shall include "commitment to

10

equal employment opportunity" as a criterion for qualification

I I

for supervisory positions.

12

(d) Training.

13

(i) Idaho Peterbilt agrees that it shall provide annual,

14

mandatory sex discrimination and sexual harassment

15

training to all employees, and supervisors; to provide

16

mandatory sex discrimination and sex-based harassment

17

including same-sex harassment training to all new

18

employees during employee orientation; to provide

19

mandatory sex discrimination and seX-based harassment

20

including same-sex harassment training to all senior

21

management officials; and to provide training to all persons

22

charged with the handling of complaints of sex

23

discrimination, sex-based harassment including same-sex

24

harassment and retaliation in the workplace, and the

25

techniques for investigating and stopping it. This training

CONSENT DECREE - 9

u.s. EqUAL EMPLOYMENT Of>PORTVNrTY COMMISsJ;ON
S&attlll- DI$tl"l" Offie£ 909 Fir.$t Ave:nu~, SUite 400 .seQ,ttl~. WQ~hlr.gton 98104-1061
T.e;lephone: (206) 220-6883 Fo.4;~imile: (206) 220-6911 TDD; (206) 220-6882

• •

shall include issues regarding such discrimination as it may

2

affect employees and/or customers of Idaho Peterbilt. Idaho

3

Peterbilt understands and agrees that this training,

4

particularly that directed towards senior management

5

officials, may require one-on-one training or educational

6

sessions.

7

(ii) Idaho Peterbilt agrees that all training required by this

8

Decree shall be conducted by experienced sex

9

discrimination and sexual harassment educators and/or

10

consultants. Idaho Peterbilt agrees that the training outlined

11

in this Decree shall begin with an initial assessment

12

conducted by the educators and/or consultants and may

i3

include a broad assessment of Idaho Peterbilt's function as

14

it interplays with the training issues outlined above. Idaho

15

Peterbilt understands that this assessment may result in

16

policy or training recommendations beyond those required

17

by this Decree, and that Idaho Peterbilt shall be responsible

18

for all costs associated with any assessment or training

19

growing out of this Decree.

20

(iii) Idaho Peterbilt agrees that it shall require a senior

21

management official to introduce all discrimination and

22

harassment training to communicate Idaho Peterbilt's

23

commitment to its Statement of Zero-Tolerance Policy and

24

Workplace Objectives.

25

CONSENT DECREE -10

u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Sc.anle District Offi~1B
909 Fil'~t A\'~I'II.Jt!i, SUite 400
5&ittll!i, Wo.shington 913104-1061 T~I~ptlo~~: (206) 220-6883
Foc!limill!.: (206) 220-6911 TOD: (~06) 2~O-6ee2

• •

1

D. Reporting

2

19. Six months following the entry of this Decree and every six months

3 thereafter for the duration of the Decree, Idaho Peterbilt will send the EEOC a written

4 report of individuals who complained of discrimination or harassment during the prior

5 six-month period.

6

20. Idaho Peterbilt shall submit a final report to EEOC 30 days before the

7 Consent Decree expires containing a statement that it has complied with all the terms

8

of

9 this Consent Decree.

10

E. Posting

11

21. Within two (2) weeks after entry of this Decree, Idaho Peterbilt shall post

12 a notice in the form of Exhibit 1 attached to this Decree in prominent and conspicuous

13 locations in or near the employee cafeteria, lunchroom or other place within the Idaho

14 Peterbilt work site premises where employees tend to gather. The notice shall remain

15 posted for the duration of this Decree. In the event that the persons and/or

16 departments to whom individuals should make complaints alleging discrimination and/or

17 retaliation change during the term of the Decree, such that the information contained on

18 the notice is no longer accurate, Idaho Peterbilt shall immediately prepare a new notice

19 that contains the correct information. Idaho Peterbilt shall thereupon promptly replace

20 the old notices with the revised notices. Idaho Peterbilt shall maintain a copy of this

21 Decree in its Personnel Office for any employee who wishes to review it.

22

VIII. ENFORCEMENT

23

22. If the EEOC concludes that Idaho Peterbilt has breached this agreement,

24 it may bring an action in the United States District Court for the District of Idaho to

25 enforce this Consent Decree. Before bringing an action for breach of the Decree, the

CONSENT DECREE - 11

u.s. EQUAL EMPLOYMENT OPPO.TUNnY COM~ION
$t.13ttle bls'trlet Offle~
909' Fil'~t Aye.n~, 51..111'.0. 400
SlSCIttll!i, Wo.shington 98104-1061
Telephone; (206) 220·6883 F(]csill1ile.: (206) 220-6911 T1:)D: (206) 220-6882'

• •

1 EEOC shall first give the company 10 days' notice. The EEOC and the company shall

2 use that 1O-day period for good faith efforts to resolve the matter.

3

IX. RETENTION OF JURISDICTION

4

23. The United States District Court for the District of Idaho shall retain

5 jurisdiction over this matter for the duration of the Decree.

6

X. DURATION AND TERMINATION

7

24. This Decree shall be in effect for five (5) years, commencing with the

8 date the Decree is filed. If the EEOC petitions the court for breach of agreement, and

9 the court finds the company to be in violation of the terms of the Consent Decree. the

10 court may extend this Consent Decree.

II III

12 III

13 III

14

15

16

17

18

19

20

21

22

23

24

25

CONSENT DECREE - 12

u.s. EQUAL EMPLOYMENT OPPOOWNXTY COMMISSION 5£tlttllll OJ$trie' Office
909 First Aw.nlJe, SlJi;e. 400
~"'ttle, Woshington 98104-1061 Telr:phone: (206) 220-6883
FaGslmlle: (206) 220-6911
TDD: (iW6) 220-6882

• •

1

XII. CONCLUSION

2

25. The provisions of this Consent Decree are not binding on the parties until

3 the authorized representatives of each party sign and the court enters the consent

7 A. LUIS LUCERO, JR.
Regional Attorney
8 KATHRYN OLSON
9 Supervisory Trial Attorney

GWENDOLYN YOUNG REAMS General Counsel

10 CARMEN FLORES Senior Trial Attorney
11

12

~

PLOYM NT OPPORTUNITY

13 COMM SION

Seattle District Office

14 909 First Avenue, Suite 400

Seattle, Washington 98104

15 Telephone (206) 220-6893

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

16 Attorneys for Plaintiff EEOC
17

. . 18 By:"fA ~JkCf!~
19 Michael Sassar SASSAR & INGLIS, PC
20 3100 South Vista Avenue, Ste. 200 PO. Box 16488
21 Boise, Idaho 83715 Attorney for Defendant
22 /II
23

ill, Inc.

24

25

CONSENT DECREE" 13

U,S, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
5I:attl. ilistrict Offic£
909 first Avenue, Suite 400
~Qttle, WQ~hih!i!tah 98104.1061
Tl!lephlllll!;: (206) 220-6B83
Fo.,~imile; (206) 220-6911
TDD: (206)220 68B2

• •

1

ORDER

2

The Court having considered the foregoing stipulated agreement of the parties,

3 IT IS HEREBY ORDERED THAT the foregoing consent decree be, and the same is,

4 approved as the final decree of this Court in full settlement of this action. This lawsuit is

5 hereby dismissed with prejudice and without costs or attomeys' fees to any party. The

6 Court retains jurisdiction of this matter for purposes of enforcing the consent decree

7 approved herein.

8 9

o DATED this "Z7-"1cLday of _-I-A~1i...'t:Jc'f,'\,4LL/_ _ _' 2003.

10 11

J~ __ _

12

13

14

15

16

17

18

19
20

21

22

23

24

25

CONSENT DECREE - 14

U,S, <QUAL EMPLOYMENT OPPOI>TUNrrY COMMISSION 580.ftl& ~istrict Office 909 First iwertue, Suite 400
$cQttl~, WO$hi"'9ton 98104-1061 TI!;I~phol'li!: (206) 220-6883
Facsimile; (206) 220-6911
TDD: (206) 220-oB82

• • United States District Court

WIn

for the

District of Idaho

May 23, 2003

* * CLERK'S CERTIFICATE OF MAILING * *

Re: 1:02-cv-00425

I certify that I caused a copy of the attached document to be mailed or faxed to the following named persons:

A Luis Lucero Jr, Esq. 1-206-220-6911 US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Seattle District Office 909 First Ave #400 Seattle, WA 98104-1061

Carmen Flores, Esq.

1-206-220-6911

US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Seattle District Office

909 First Ave #400

Seattle, WA 98104-1061

M Michael Sasser, Esq.
SASSER & INGLIS PO Box 16488 Boise, ID 83715

1-208-344-8479

v Chief Judge B. Lynn Winmill _____Judge Edward J. Lodge ______Chief Magistrate Judge Larry M. Boyle ______Magistrate Judge Mikel H. Williams
Visiting Judges: _____Judge David O. Carter _____Judge John C. Coughenour _____Judge Thomas S. Zilly

Date:

Cameron S. Burke, Clerk
BY: (Deputy Clerk)

 
 District of Idaho Live CM/ECF - Docket Report

Page 1 of 3

JURY, TERMED
U.S. District Court District of Idaho (LIVE Database)Version 3.0.4 (Boise) CIVIL DOCKET FOR CASE #: 1:02-cv-00425-BLW

EEOC v. Idaho Peterbilt, Inc Assigned to: Honorable B. Lynn Winmill Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff Equal Employment Opportunity Commission

Date Filed: 09/09/2002 Date Terminated: 05/23/2003 Jury Demand: Defendant Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by A Luis Lucero, Jr US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6883 Fax: 1-206-220-6911 Email: luis.lucero@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carmen Flores US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6883 Fax: 1-206-220-6911 Email: carmen.flores@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn Olson EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6895 Fax: (206) 220-6911 Email: kathryn.olson@eeoc.gov TERMINATED: 01/15/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.idd.uscourts.gov/cgi-bin/DktRpt.pl?610793640290132-L_353_0-1

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District of Idaho Live CM/ECF - Docket Report

Page 2 of 3

V. Defendant Idaho Peterbilt, Inc

represented by M Michael Sasser SASSER & INGLIS, P.C. PO Box 16488 Boise, ID 83715 (208) 344-8474 Fax: (208) 344-8474 Email: mms@sasseringlis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/09/2002 09/11/2002
11/08/2002 11/12/2002
11/19/2002 11/22/2002
12/03/2002
12/27/2002
01/15/2003
05/23/2003

#

Docket Text

1 COMPLAINT (Summons(es) issued) (msb) (Entered: 09/11/2002)

2 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for plaintiff (msb)

3 AMENDED COMPLAINT [1-1] by plaintiff EEOC; jury demand (wm)

4 WAIVER OF SERVICE/PROCESS executed upon def Idaho Peterbilt, Inc on 10/14/02 (wm)

5 ANSWER by def; jury demand (wm) (Entered: 11/22/2002)

6 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for def re answer [5-1] (wm)

7 NOTICE OF SCHEDULING CONFERENCE ; Telephonic Scheduling Conference set for 10:00 1/6/03 (wm) (Entered: 12/04/2002)

8 JOINT SCHEDULING CONFERENCE FORM - LITIGATION PLAN (wm)

9 NOTICE OF ATTORNEY SUBSTITUTION: terminating attorney Kathryn Olson for EEOC and substituting attorney Carmen Flores (wm)

10 CONSENT DECREE AND ORDER OF DISMISSAL by Honorable B. Lynn Winmill dismissing case (cc: all counsel) (wm)

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