A. LUIS LUCERO, JR., REGIONAL ATTORNEY 1 KATHRYN OLSON, SUPERVISORY TRIAL ATTORNEY 2 DAMIEN LEE, SENIOR TRIAL ATTORNEY
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 3 909 FIRST AVENUE, SUITE 400
SEATTLE, WA 98104 4 TEL: (206) 220-6915
FAX: (206) 220-6911 5 Damien.Lee@eeoc.gov
6
7 ATTORNEYS FOR PLAINTIFF

8

9

IN THE UNITED STATES DISTRICT COURT

10

FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE

11

12 EQUAL EMPLOYMENT OPPORTUNITY

13 COMMISSION

CIVIL ACTION NO.

14

Plaintiff,

15

v.

16

17 GLOBAL IMAGING SYSTEMS, INC. d/b/a/ QUALITY BUSINESS SYSTEMS,

18

Defendant.

19

COMPLAINT JURY TRIAL DEMAND

20

NATURE OF THE ACTION

21

22

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

23 Rights Act of 1991 to correct unlawful employment practices on the basis of sex, and retaliation,

24
and to provide appropriate relief to Anna Chambers (“Ms. Chambers”) who was adversely

25
affected by such practices. The Equal Employment Opportunity Commission alleges that Global

COMPLAINT- Page 1 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

Imaging Systems, Inc. d/b/a Quality Business Systems subjected Ms. Chambers to sexual
1
2 harassment and retaliated against her when she complained about the sexual harassment, 3 constructively discharged her, and then engaged in post-employment retaliation against her.

4 Plaintiff seeks monetary relief, including pecuniary and nonpecuniary compensatory and
5 punitive damages and injunctive relief, on behalf of Ms. Chambers.
6
JURISDICTION AND VENUE
7
1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337,
8
1343 and 1345. This action is authorized and instituted pursuant to sections 706(f)(1) and (3) of
9
10 Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. sections 2000e-5(f)(1) and (3)

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

12

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

13 jurisdiction of the United States District Court for the Western District of Washington at Seattle.
14
PARTIES
15
3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is
16
17 the agency of the United States of America charged with the administration, interpretation and

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

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

20

4. At all relevant times, defendant Global Imaging Systems, Inc. d/b/a Quality

21
Business Systems (“GIS”) has been a corporation continuously doing business in the State of
22
Washington and has continuously had at least 15 employees.
23

24

25

COMPLAINT- Page 2 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

5. At all relevant times, defendant GIS has continuously been an employer engaged
1
2 in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title 3 VII, 42 U.S.C. §§2000e-(b), (g) and (h).

4

5

STATEMENT OF CLAIMS

6
6. More than thirty days prior to the institution of this lawsuit, Ms. Chambers filed a
7
charge with the Commission alleging violations of Title VII by defendant GIS. All conditions
8
precedent to the institution of this lawsuit have been fulfilled.
9

10

7. From at least December 1, 2003, defendant GIS engaged in unlawful employment

11 practices at its Woodinville, Washington facility and elsewhere in violation of §§ 703(a) and

12 704(a) of Title VII, 42 U.S.C. §§ 2000e-2(a) and -3(a). Defendant engaged in these unlawful
13 practices through the following actions: (1) by subjecting Ms. Chambers to sexual harassment;
14
(2) by retaliating against Ms. Chambers for her complaints to company officials about sexual
15
harassment; (3) by discriminating and retaliating against Ms. Chambers by constructively
16
17 terminating her in January 2004; and (4) by discriminating and retaliating against Ms. Chambers
18 after her constructive termination in January 2004.

19

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

20 deprive Ms. Chambers of equal employment opportunities.
21
9. The unlawful employment practices complained of in paragraph 7 above were
22
intentional.
23
10. The unlawful employment practices complained of in paragraph 7 above were
24
25 done with malice or with reckless indifference to Ms. Chambers’s federally protected rights.

COMPLAINT- Page 3 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

PRAYER FOR RELIEF
1

2

Wherefore, the Commission respectfully requests that this Court:

3

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

4 assigns, and all persons in active concert or participation with it, from engaging in any
5 employment practices which discriminate on the basis of sex or retaliate against any individual
6
for engaging in protected EEO activity.
7
B. Order defendant to institute and carry out policies, practices, and programs which
8
provide equal employment opportunities for all employees, and which eradicate the effects of its
9
10 past and present unlawful employment practices.

11

C. Order defendant to make whole Ms. Chambers by providing affirmative relief

12 necessary to eradicate the effects of its unlawful employment practices.

13

D. Order defendant to make whole Ms. Chambers by providing appropriate back pay

14
with prejudgment interest, resulting from the unlawful practices described in paragraph 7 above.
15
E. Order defendant to make whole Ms. Chambers by providing compensation for
16

17 past and future pecuniary losses resulting from the unlawful employment practices described in

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

19 determined at trial.

20

F. Order defendant to make whole Ms. Chambers by providing compensation for

21
past and future nonpecuniary losses resulting from the unlawful practices complained of in para-
22
graph 7 above, including without limitation emotional pain, suffering, and loss of enjoyment of
23
life, in amounts to be determined at trial.
24

25

COMPLAINT- Page 4 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

G. Order defendant to pay Ms. Chambers punitive damages for its malicious and
1
2 reckless conduct described in paragraph 7 above, in amounts to be determined at trial.

3

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

4 interest.

5

I. Award the Commission its costs of this action.

6
JURY TRIAL DEMAND
7
The Commission requests a jury trial on all questions of fact raised by its complaint.
8

9

DATED this 28th day of September , 2005.

10
A. LUIS LUCERO, JR. 11 Regional Attorney

Deputy

12

KATHRYN OLSON

GW

13 Supervisory Trial Attorney

JAMES L. LEE General Counsel

ENDOLYN Y. REAMS

Associate

General Counsel

14 DAMIEN LEE Senior Trial Attorney
15
16 BY: /s/ A. Luis Lucero, Jr. _________ EQUAL EMPLOYMENT OPPORTUNITY
17 COMMISSION Seattle District Office
18 909 First Avenue, Suite 400 Seattle, Washington 98104
19 Telephone (206) 220-6915 20 Facsimile (206) 220-6911

Office of the General Counsel 1801 “L” Street NW Washington, D.C. 20507

21

Attorneys for Plaintiff

22

23

24

25

COMPLAINT- Page 5 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

 
 Case 2:05-cv-01642-RSM Document 13 Filed 03/13/2006 Page 1 of 7

1

2

HONORABLE Ricardo S. Martinez

3

4

5

6

7

8

9

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE

10

11
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
12

13

Plaintiff,

14

v.

15
GLOBAL IMAGING SYSTEMS, INC. and QUALITY 16 BUSINESS SYSTEMS, INC.

17
Defendants.
18
ANNA MARTINSEN (f/k/a CHAMBERS),
19
Plaintiff/Intervener,
20

NO. 2:05-cv-01642-RSM
INTERVENER’S COMPLAINT JURY TRIAL DEMANDED

21
v.
22
GLOBAL IMAGING SYSTEMS, INC. and QUALITY 23 BUSINESS SYSTEMS, INC.
24
Defendants.
25

Intervener’s Complaint, Cause No. 2:05-cv-01642-RSM

Page 1 of 7

ALLEN LAW FIRM 4509 Interlake Ave. N. #205 Seattle, Washington 98103 Telephone: (206) 729-1100
Facsimile: (206) 547-0063 lauraallen@meadallen.com

Case 2:05-cv-01642-RSM Document 13 Filed 03/13/2006 Page 2 of 7

1
PRELIMINARY STATEMENT
2

3

1. This is an individual employment discrimination action seeking relief because of the

4 conduct of Defendants Global Imaging Systems, Inc. and Quality Business Systems, Inc. that

5 constitutes sexual harassment, gender discrimination, retaliation, constructive discharge, and

6 post-employment retaliation in violation of the rights of Plaintiff/Intervener Anna Martinsen

7
pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000(e) et seq., as
8
amended ("Title VII") and RCW 49.60.010 et seq. ("WLAD"). Ms. Martinsen also pursues
9
claims for tortious interference with a business relationship.
10

11

2. Jurisdiction of this court is proper pursuant to 28 U.S.C. Sections 1331 and 1343(d),

12 and 42 U.S.C. Section 2000e-5.

13

3. Plaintiff/Intervener Anna Martinsen is a female individual residing in the Western

14 District of Washington, and Defendants Quality Business Systems and Global Imaging Systems,
15
Inc. are businesses duly authorized and at times pertinent to this case owned and operated
16
businesses selling copiers and imaging equipment in the Western District of Washington.
17

18

COMPLIANCE WITH STATUTORY REQUISITES

19

20

4. Ms. Martinsen timely filed charges with regard to gender discrimination, sexual

21 harassment, retaliation, constructive discharge, and post-employment retaliation with the Equal

22 Employment Opportunity Commission (hereinafter “EEOC”).

23

5. The EEOC issued a finding of cause to believe the defendants subjected Ms.

24
Martinsen to gender discrimination, sexual harassment, retaliation, constructive discharge, and
25
post-employment retaliation, and subsequently filed its Complaint against Defendants in this

Intervener’s Complaint, Cause No. 2:05-cv-01642-RSM

Page 2 of 7

ALLEN LAW FIRM 4509 Interlake Ave. N. #205 Seattle, Washington 98103 Telephone: (206) 729-1100
Facsimile: (206) 547-0063 lauraallen@meadallen.com

Case 2:05-cv-01642-RSM Document 13 Filed 03/13/2006 Page 3 of 7

action. Ms. Martinsen has met all jurisdictional prerequisites and brings her intervener’s action
1
2 timely.

3

STATEMENT OF CLAIMS

COUNT I- TITLE VII and WLAD

4

6. Plaintiff/Intervener incorporates by reference as if fully set out here ¶¶1-5 inclusive.
5

6

7. Ms. Martinsen was employed by the defendants from August 29, 2003 through

7 January 30, 2004. The defendants were at all relevant times employers within the meaning of

8 Title VII and WLAD.

9

8. From at least December 1, 2003, defendants engaged in unlawful employment

10
practices in violation of Title VII, 42 U.S.C. §§ 2000e-2(a) and -3(a) and WLAD §§49.60.180,
11
49.60.210. Defendants engaged in these unlawful practices through the following actions by: (a)
12

subjecting Ms. Martinsen to sexual harassment; (b) retaliating against Ms. Martinsen for her
13

14 complaints about sexual harassment; (c) discriminating and retaliating against Ms. Martinsen by

15 constructively terminating her in January 2004; and (d) discriminating and retaliating against Ms.

16 Martinsen after her constructive termination on January 30, 2004.

17

9. As a direct and proximate result of the unlawful employment practices of Defendants

18
as set forth above, Plaintiff/Intervener Anna Martinsen has suffered and will continue to suffer
19
lost wages and income and benefits, lost back pay and front pay and loss of employment
20

21 opportunities and advancement now and in the future, emotional and mental injury, pain,

22 suffering, anguish, and distress; inconvenience, loss of reputation, embarrassment, hurt, anger,

23 upset, loss of enjoyment of life and other non-pecuniary losses.

24

10. The unlawful employment practices set forth above were done with malice or

25
reckless indifference to Ms. Martinsen’s federally protected rights.

Intervener’s Complaint, Cause No. 2:05-cv-01642-RSM

Page 3 of 7

ALLEN LAW FIRM 4509 Interlake Ave. N. #205 Seattle, Washington 98103 Telephone: (206) 729-1100
Facsimile: (206) 547-0063 lauraallen@meadallen.com

Case 2:05-cv-01642-RSM Document 13 Filed 03/13/2006 Page 4 of 7

REQUEST FOR RELIEF
1

2

In view of the foregoing, Plaintiff/Intervener Anna Martinsen requests that this Court:

3

A. Grant a permanent injunction enjoining defendants, their officers, successors,

4 agents, assigns, and all persons in active concert or participation with them, from engaging in

5 any employment practices which discriminate on the basis of sex or retaliate against Ms.

6
Martinsen for engaging in protected EEO activity.
7
B. Order defendants to make whole Ms. Martinsen by providing affirmative relief
8
necessary to eradicate the effects of their unlawful employment practices.
9

10

C. Order defendants to make whole Ms. Martinsen by providing appropriate back

11 pay with prejudgment interest and front pay, resulting from the unlawful practices described

12 above.

13

D. Order defendants to make whole Ms. Martinsen by providing compensation for

14
past and future pecuniary losses resulting from the unlawful employment practices described
15
above, including past and future out-of-pocket expenses, in amounts to be determined at trial.
16

E. Order defendants to make whole Ms. Martinsen by providing compensation for
17

18 past and future non-pecuniary losses resulting from the unlawful practices described above,

19 including without limitation emotional and mental injury, pain, suffering, anguish, and distress;

20 inconvenience, loss of reputation, embarrassment, hurt, anger, upset, loss of enjoyment of life, in

21
amounts to be determined at trial.

22
F. Order defendants to pay Ms. Martinsen punitive damages for their malicious and
23
reckless conduct described above, in amounts to be determined at trial.
24

25

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

interest.

Intervener’s Complaint, Cause No. 2:05-cv-01642-RSM

Page 4 of 7

ALLEN LAW FIRM 4509 Interlake Ave. N. #205 Seattle, Washington 98103 Telephone: (206) 729-1100
Facsimile: (206) 547-0063 lauraallen@meadallen.com

Case 2:05-cv-01642-RSM Document 13 Filed 03/13/2006 Page 5 of 7

H. Award Ms. Martinsen her costs and attorney’s fees.
1

2

COUNT II – TORTIOUS INTERFERENCE WITH A BUSINESS EXPECTANCY

3

1. Plaintiff/Intervener restates and incorporates by reference as if fully set out here the

4 allegations set forth above in Count I, ¶¶2-3, 7.

5

2. Subsequent to January 30, 2004 Ms. Martinsen obtained employment with another

6
company known as Pacific Office Automation (“POA”).
7
3. Ms. Martinsen has a valid contractual relationship or business expectancy with POA.
8
4. The defendants had knowledge of Ms. Martinsen’s relationship with POA.
9

10

5. The defendants intentionally interfered with that relationship, causing a termination

11 of the relationship or expectancy.

12

6. The defendants interfered with the relationship or expectancy for an improper

13 purpose or improper means.
14
7. As a direct and proximate result of the tortuous conduct of the defendants as set forth
15
above, Plaintiff/Intervener Anna Martinsen has suffered and will continue to suffer lost wages
16
and income and benefits, lost back pay and front pay and loss of employment opportunities and
17

18 advancement now and in the future, emotional and mental injury, pain, suffering, anguish, and

19 distress; inconvenience, loss of reputation, embarrassment, hurt, anger, upset, loss of enjoyment

20 of life and other non-pecuniary losses.
21
REQUEST FOR RELIEF
22
In view of the foregoing, Plaintiff/Intervener Anna Martinsen requests that this Court:
23
A. Order defendants to make whole Ms. Martinsen by providing appropriate back
24
25 pay with prejudgment interest and front pay, resulting from the tortious conduct described above.

Intervener’s Complaint, Cause No. 2:05-cv-01642-RSM

Page 5 of 7

ALLEN LAW FIRM 4509 Interlake Ave. N. #205 Seattle, Washington 98103 Telephone: (206) 729-1100
Facsimile: (206) 547-0063 lauraallen@meadallen.com

Case 2:05-cv-01642-RSM Document 13 Filed 03/13/2006 Page 6 of 7

B. Order defendants to make whole Ms. Martinsen by providing compensation for
1
2 past and future pecuniary losses resulting from the tortious conduct described above, including 3 past and future out-of-pocket expenses, in amounts to be determined at trial.

4

C. Order defendants to make whole Ms. Martinsen by providing compensation for

5 past and future non-pecuniary losses resulting from the tortious conduct described above,

6
including without limitation emotional and mental injury, pain, suffering, anguish, and distress;
7
inconvenience, loss of reputation, embarrassment, hurt, anger, upset, loss of enjoyment of life, in
8
amounts to be determined at trial.
9

10

D. Award Ms. Martinsen her costs and attorney’s fees.

11

JURY TRIAL DEMAND

12

Ms. Martinsen requests a jury trial on all questions of fact raised by her complaint.

13

14

15

DATED this 21st day of February, 2006.

16

17
ALLEN LAW FIRM
18

19

/s/Laura B. Allen_______________

Laura B. Allen WSBA#19805

20

ATTORNEYS FOR INTERVENER,

ANNA MARTINSEN
21

22
CERTIFICATE OF SERVICE
23
I, Laura B. Allen, attorney for Intervener/Plaintiff, caused a copy of the foregoing
24
Intervener’s Complaint to be served electronically through the CM/ECF system this 21st day of
25
February, 2006 on A. Luis Lucero, Jr., Regional Attorney, Kathryn Olson, Supervisory Trial

Intervener’s Complaint, Cause No. 2:05-cv-01642-RSM

Page 6 of 7

ALLEN LAW FIRM 4509 Interlake Ave. N. #205 Seattle, Washington 98103 Telephone: (206) 729-1100
Facsimile: (206) 547-0063 lauraallen@meadallen.com

Case 2:05-cv-01642-RSM Document 13 Filed 03/13/2006 Page 7 of 7

Attorney, Damien Lee, Senior Trial Attorney, Equal Employment Opportunity Commission, 909
1
2 First Avenue, Suite 400, Seattle, Wa 98104; and Mark M. Hough, Skylar A. Sherwood, Riddell 3 Williams, P.S., 1001 Fourth Avenue Suite 4500, Seattle, Washington 98154-1192; and Michael

4 J. Lorenger, Hogan & Hartson LLP, 8300 Greensboro Drive, McLean, VA 22102, attorneys for

5 Defendants.
6

7

_/s/ Laura B. Allen_________

8

Laura B. Allen WSBA#19805

ATTORNEYS FOR INTERVENER,

9

ANNA MARTINSEN

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Intervener’s Complaint, Cause No. 2:05-cv-01642-RSM

Page 7 of 7

ALLEN LAW FIRM 4509 Interlake Ave. N. #205 Seattle, Washington 98103 Telephone: (206) 729-1100
Facsimile: (206) 547-0063 lauraallen@meadallen.com

 
 1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE

3

4 EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

CIVIL ACTION NO. CV 05-01642-RSM

5

Plaintiff,

6

and

ORDER APPROVING AMENDED

CONSENT DECREE AND DISMISSING

7 ANNA MARTINSEN (f/k/a CHAMBERS), ACTION

8

Plaintiff in Intervention,

9

v.

10

GLOBAL IMAGING SYSTEMS, INC., 11 d/b/a QUALITY BUSINESS SYSTEMS,

12

Defendant.

13

14

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

15 ORDERS THAT the foregoing settlement agreement is approved as the final decree of this Court

16 in full settlement of this action. This lawsuit is hereby dismissed with prejudice and without cost

17 of attorney fees to any party. The Court retains jurisdiction of this matter for purposes of

18 enforcing the Amended Consent Decree approved herein.

19

SO ORDERED this 31st day of March, 2006.

20 21 22 23
Presented by:
24

A
RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE

25 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

s/ Damien Lee Damien Lee

PROPOSED ORDER APPROVING AMENDED CONSENT DECREE – Page 1

 
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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 #: 2:05-cv-01642-RSM

Equal Employment Opportunity Commission v. Global Imaging Systems Inc Assigned to: Hon. Ricardo S Martinez Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/28/2005 Date Terminated: 03/31/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by A Luis Lucero, Jr EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Email: LUIS.LUCERO@EEOC.GOV LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

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Intervenor Plaintiff Anna Martinsen
V. Defendant Global Imaging Systems Inc doing business as Quality Business Systems Inc
Intervenor Defendant Global Imaging Systems Inc Intervenor Defendant Quality Business Systems Inc
2 of 4

https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?179883382291713-L_...
represented by Laura B Allen MEAD & ALLEN 4509 INTERLAKE AVE N STE 205 SEATTLE, WA 98103 206-732-3000 Fax: FAX 547-0063 Email: lauraallen@meadallen.com ATTORNEY TO BE NOTICED
represented by Michael J Lorenger HOGAN & HARTSON (VA) 8300 GREENSBORO DR MCLEAN, VA 22102 703-610-6140 Email: mjlorenger@hhlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark M Hough RIDDELL & WILLIAMS 1001 4TH AVE PLAZA STE 4500 SEATTLE, WA 98154 206-624-3600 Fax: 206-389-1708 Email: mhough@riddellwilliams.com ATTORNEY TO BE NOTICED
Skylar A Sherwood RIDDELL WILLIAMS 1001 4TH AVE PLAZA STE 4500 SEATTLE, WA 98154 206-624-3600 Email: ssherwood@riddellwilliams.com ATTORNEY TO BE NOTICED
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Date Filed 09/28/2005
11/21/2005 12/23/2005 12/23/2005 01/03/2006 01/27/2006 01/27/2006
02/09/2006 02/21/2006 02/21/2006 02/22/2006 03/10/2006 03/13/2006 03/27/2006 03/30/2006

#

Docket Text

1 COMPLAINT and JURY TRIAL DEMANDED against defendant Global Imaging Systems Inc (Summons(es) issued) (Receipt # fee waived - USA) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Email request to file new case)(PM, ) (Entered: 10/03/2005)
2 WAIVER OF SERVICE of summons re dft Global Imaging (RS, ) (Entered: 11/22/2005)
3 Stipulated MOTION Requesting Extension of Time to Answer Plaintiff's Complaint by Defendant Global Imaging Systems Inc. Noting Date 12/23/2005. (Sherwood, Skylar) (Entered: 12/23/2005)
4 NOTICE of Appearance by attorney Skylar A Sherwood on behalf of Defendant Global Imaging Systems Inc (Sherwood, Skylar) (Entered: 12/23/2005)
5 ORDER granting 3 Stipulated Motion to extend time to 1/27/06 to answer by Judge Ricardo S Martinez.(RS, ) (Entered: 01/03/2006)
6 ANSWER to Complaint by Global Imaging Systems Inc.(Sherwood, Skylar) (Entered: 01/27/2006)
7 ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT FRCP 26f Conference Deadline is 2/24/2006. Initial Disclosure Deadline is 3/3/2006. Joint Status Report due by 3/10/2006; by Judge Ricardo S Martinez. (LW) (Entered: 01/27/2006)
8 APPLICATION by Defendant Global Imaging Systems Inc AND ORDER admitting Michael J Lorenger pro hac vice. Receipt # 413720. (RS, ) (Entered: 02/10/2006)
9 Joint Stipulated MOTION to Extend Time For Initial Disclosures by Plaintiff Equal Employment Opportunity Commission. Noting Date 2/21/2006. (Attachments: # 1)(Lee, Damien) (Entered: 02/21/2006)
10 MOTION to Intervene. Noting Date 3/10/2006. (Attachments: # 1 Proposed Order # 2 Exhibit Intervener Complaint)(Allen, Laura) (Entered: 02/21/2006)
11 ORDER granting 9 Stipulated Motion to extend time for initial disclosures.Signed by Judge Ricardo S Martinez.(CM ) (Entered: 02/22/2006)
12 ORDER granting 10 Motion to Intervene by Anna Martinsen by Judge Ricardo S Martinez.(RS, ) (Entered: 03/13/2006)
13 SUPPLEMENTAL COMPLAINT with JURY DEMANDfiled by Intervenor plaintiff Anna Martinsen.(RS, ) (Entered: 03/13/2006)
14 STIPULATION AND PROPOSED ORDER re: CONSENT DECREE by parties. (Attachments: # 1 Proposed Order Approving Decree)(Lee, Damien) (Entered: 03/27/2006)
15 STIPULATION AND PROPOSED ORDER AMENDED CONSENT DECREE by parties. (Attachments: # 1 Proposed Order Amended)(Lee, Damien) (Entered: 03/30/2006)

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03/31/2006

16 ORDER approving amended consent decree re 15 Stipulation and dismissing action by Judge Ricardo S Martinez. (RS, ) (Entered: 03/31/2006)

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THE HONORABLE RICARDO S. MARTINEZ

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3

4

5

6

7

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

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AT SEATTLE

10
EQUAL EMPLOYMENT OPPORTUNITY )

11 COMMISSION,

)

) CIVIL ACTION No. CV05-01642 RSM

12

Plaintiff,

)

13

v.

) )

14 GLOBAL IMAGING SYSTEMS, INC., d/b/a ) [PROPOSED] AMENDED CONSENT

QUALITY BUSINESS SYSTEMS,

) DECREE

15

)

Defendant.

)

16

)

17

) )

18

19

I. INTRODUCTION

20

1. This action originated when Anna Mart insen (f/k/a “Anna Chambers”) filed a

21 charge of discrim ination with the E qual Employment Opportunity Commission ("EEOC”) on

22 June 4, 2004. Ms. Martinsen alleged that Global Imaging Systems, Inc., d/b/a Quality Business

23 Systems (“QBS”) violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.

24 (Title VII) when it subjected he r to sexual harassment starting in December 2003, constructively

25 26 AMENDED CONSENT DECREE – 1
(CV05-01642-RSM)
27
28

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
Federal Office Building 909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911
TDD (206) 220-6882

1 discharged her in Janu ary 2004 in retaliation for her sexual harassment complaint, and then

2 continued the retaliation against her with respect to her subsequent employment.

3

2. On June 23, 2005, the EEOC issued a lette r of determ ination with a fi nding of

4 reasonable cause to be lieve that QBS violated Title VI I. Thereaf ter, EEOC attem pted to

5 conciliate the charge and the conciliation was unsuccessful.

6

3. The EEOC filed its C omplaint on Septem ber 28, 2005, in the United States

7 District Court for the Western District of Washington at Seattle, alleging that QBS subjected Ms.

8 Martinsen to sexual harassment and retaliated against her when sh e complained about the sexual

9 harassment, constructively discharged her, an d then engaged in post-em ployment retaliation

10 against her in violation of Title VII. Ms. Martinsen has moved to intervene as a party plaintiff in

11 this matter, and her Motion to Intervene was granted by this Court on March 10, 2006.

12

4. This Amended Consent Decree is being filed based on QBS’s earlier agreement to

13 resolve the case through entry of this Amended Consent Decree.

14

5. The parties want to conclude fully and finally all claims arising out of the EEOC’s

15 Complaint, Ms. Ma rtinsen’s Supplemental Complaint, and Ms. Martinsen’s charge of

16 discrimination filed with EEOC. The EEOC and QBS enter into this Amended Consent Decree

17 to further the objectives of equal employment opportunity as set forth in Title VII.

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

19

6. This Amended Consent Decree is not an adjudication or finding on the m erits of

20 this case and shall not be construed as an admission by QBS of a violation of Title VII.

21

III. SETTLEMENT SCOPE

22

7. This Amended Consent Decree is the f inal and com plete resolution of all

23 allegations of unlawful em ployment practices contained in Ms. Martinsen’s discrimination

24 charge, in the EEOC' s administrative determination, and in the Com plaint and S upplemental

25 Complaint filed herein, including all claims by the parties for attorney fees and costs.

26 AMENDED CONSENT DECREE – 2
(CV05-01642-RSM)
27
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
Federal Office Building 909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911
TDD (206) 220-6882

1

8. The scope o f this Am ended Consent Decree will be limited to QBS’s facilities

2 within the State of Washington.

3

IV. MONETARY RELIEF

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9. In settlement of this lawsuit, QBS agrees to pay Ms. Martinsen $ 70,000 as non-

5 economic damages for psychic and emotional harm, and $ 15,000 as backpay, $40,000 attorney

6 fees and costs. Settlement proceeds to Ms. Martinsen will be handled by her counsel, Laura

7 Allen, whose law offices are located at 259 N. 100 East, Kanab, Utah, 84741. QBS and Ms.

8 Martinsen have negotiated a separate release agreement to which the EEOC is not a party.

9

10

V. AFFIRMATIVE AND OTHER RELIEF

11 A. General Provisions

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10. QBS, its officers, agents, and employees will not engage in practices which

13 unlawfully discriminate against applicants and/or employees on the basis of their sex and which

14 constitute retaliation against any employee for engaging in protected EEO activity. In

15 recognition of its obligations under Title VII, QBS will institute the policies and practices set

16 forth below.

17 B. Anti-Discrimination Policies and Procedures

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11. Defendant shall carry out anti-discrimination policies, procedures and training for

19 management personnel, supervisors and curren t employees. QBS will evaluate and where

20 appropriate, modify the practices of its managers and supervisors in order to prevent employment

21 discrimination. QBS will ensure that its ma nagers and supervisors understan d its Equal

22 Employment Opportunity (“EEO”) policies and how those policies define and identify what

23 constitutes employment discrimination.

24

12. Within one-hundred-twenty (120) days of the date of the entry of this Am ended

25 Consent Decree, QBS will: (a) rev iew its EEO policy and inte rnal sexual harassment complaint

26 AMENDED CONSENT DECREE – 3
(CV05-01642-RSM)
27
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
Federal Office Building 909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911
TDD (206) 220-6882

1 and investigation procedure(s), an d revise th em as necessary to ensure that it adequately

2 prohibits sexual harassment and retaliation for engaging in protecte d activity; and, (b) distribute

3 this EEO policy to all present and future em ployees, both m anagement and non-managem ent.

4 QBS will provide the EEOC with a copy of its EEO policy and in ternal sexual harassment

5 complaint and investigation procedure(s) as p art of its firs t semi-annual report as provided in

6 paragraph 19 below.

7 C. Training

8

13. Within one-hundred-twenty (120) days of the date of the entry of this Am ended

9 Consent Decree, QBS will develop and present to all managers, supervisors, and employees at its

10 facilities in Washington State two hours (2) of in person EEO training by a qualified trainer

11 regarding sexual harassment and retaliation. Th is anti-discrimination training will as sist

12 managers, supervisors and e mployees in fully understanding QBS’s EEO policies and how to

13 define and identify what constitutes em ployment discrimination. The EEOC will have an

14 opportunity to review the training materials prior to the training date. Annually thereafter, all

15 managers, supervisors and em ployees at QBS facili ties in Washington State will c omplete two

16 (2) hours of training on EEO laws and policies, including sexual harassment and retaliation.

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14. QBS will notify the EE OC of the com pletion of the trainin g seminars and will

18 specify the names and job titles of the m anagers, supervisors and employees who participated in

19 and completed the training. This information will be provided as part of the semi-annual report

20 it submits to the Seattle office of the EEOC.

21 D. Non-Disclosure of Information and Expungement of Records

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15. QBS will n ot disclose any information or make reference to any charge of

23 discrimination or this lawsuit in responding to requests for information about Anna Martinsen.

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16. QBS will expunge from the perso nnel files of Anna Martinsen, and from any

25 other records where such information is kept by QBS, any reference to her charge of

26 AMENDED CONSENT DECREE – 4
(CV05-01642-RSM)
27
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
Federal Office Building 909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911
TDD (206) 220-6882

1 discrimination against QBS and this lawsuit. If Ms. Martinsen wishes to do so, QBS will permit

2 her to review her personnel file within thirty (3 0) days after the entry of this Am ended Consent

3 Decree to ensure that all such references have been expunged. QBS will not add any information

4 to the personnel file of Ms. Martinsen or records regarding her charge of discrimination and this

5 lawsuit after such references have been expunged.

6 E. Policies Designed to Promote Accountability

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17. QBS agrees that it shall im pose discipline, up to and including term ination of

8 employment, upon any employee who engages in sexual harassment, including any supervisor or

9 manager who discriminates against any applicant and/or employee or who retaliates against any

10 person who com plains or participates in any i nvestigation or proceed ing concerning any such

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

12

18. QBS agrees that it shall c ontinue to advise all m anagers and supervisors of their

13 duty to ensure compliance with the Company’s EEO policy.

14 F. Reporting

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19. QBS shall report in writing and in affidavit to the EEOC beginning six (6) months

16 from the date of the entry of this Am ended Consent Decree, and thereafter every six m onths for

17 the duration of the Amended Consent Decree:

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a. Certification that the required training described in Paragraphs 13 and 14, has

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been completed.

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b. Certification that its (reviewed and revised as necessa ry) EEO policy has b een

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

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c. A list of changes, m odifications, revocations or revisions to its EEO policy and

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procedures which concern or affect the subject of discrimination (including sexual

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harassment) or retaliation.

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d. A summary of sexual harassment complaints, if any, filed by e mployees working

26 AMENDED CONSENT DECREE – 5
(CV05-01642-RSM)
27
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
Federal Office Building 909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911
TDD (206) 220-6882

1

at its W ashington State facilities whic h are reported to m anagement and the

2

resolution of each such complaint; and

3

e. If applicable, QBS will subm it a statement with its report to the Seattle o ffice of

4

the EEOC specifying the areas of nonc

ompliance, the reason for the

5

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

6 G. Posting

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20. QBS will post a Notice to All Em ployees. This Notice is attached as Exhibit 1 to

8 this Amended Consent Decree. Th e Notice shall be posted on a centrally located bulletin board

9 at the three (3) QBS facilities located within th e State of Wash ington for the duration of the

10 Amended Consent Decree.

11

VI. ENFORCEMENT

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21. If the EEOC determ ines that QBS has not com plied with the term s of this

13 Amended Consent Decree, the EEOC will provide wr itten notification of the alleged breach to

14 QBS. The EEOC will not petition the Court for enforcement of this Amended Consent Decree

15 for at least forty-five (45) days after providing written notification of the alleged breach. The 45-

16 day period following the written notice shall be used by th e EEOC and QBS for good faith

17 efforts to resolve the dispute.

18

VII. RETENTION OF JURISDICTION

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22. The United States District Court for th e Western District of W ashington shall

20 retain jurisdiction over this matter for the duration of this Amended Consent Decree.

21

VIII. DURATION AND TERMINATION

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23. This Amended Consent Decree shall be in effect for two (2) years from the date of

23 entry of the Amended Consent Decree. If the EEOC petitions the Court for breach of this

24 Amended Consent Decree, and the Court finds QBS to be in violation of the terms of the

25 Amended Consent Decree, the Court may extend the duration of this Amended Consent Decree.

26 AMENDED CONSENT DECREE – 6
(CV05-01642-RSM)
27
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
Federal Office Building 909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911
TDD (206) 220-6882

1

//

2

//

3

4

Dated this 30th day of

March , 2006.

5 WILLIAM TAMAYO

JAMES

Regional Attorney
6 San Francisco District

Deputy

7

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

8
KATHRYN OLSON
9 Supervisory Trial Attorney

L. LEE General Counsel
GWENDOLYN Y. REAMS Associate General Counsel

10 DAMIEN A. LEE 11 Senior Trial Attorney
12 BY: s/ William Tamayo
EQUAL EMPLOYMENT OPPORTUNITY
13 COMMISSION

14 Seattle Field Office

15

909 First Avenue, Suite 400 Seattle, Washington 98104

16 Damien.Lee@EEOC.gov
Telephone (206) 220-6915

17 Fax: (206) 220-6911

Damien.Lee@eeoc.gov
18

19

Office of the General Counsel 1801 “L” Street NW Washington, D.C. 20507
Attorneys for Plaintiff EEOC

20 BY: s/ Michael J. Lorenger

21 Michael J. Lorenger, Esq.
Hogan & Hartson, L.L.P.
22 8300 Greensboro Drive

McClean, VA 22102
23 Ph.: (703) 610-6140

24

Fax: (703) 610-6200 MJLorenger@hhlaw.com

25

26 AMENDED CONSENT DECREE – 7
(CV05-01642-RSM)
27

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
Federal Office Building 909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911
TDD (206) 220-6882

1 BY: s/ Skylar A. Sherwood

Mark M. Hough
2 Skylar A. Sherwood

3

Riddell Williams P.S. 1001 Fourth Avenue Plaza, Suite 4500

4 Seattle, WA 98154
Ph. (206) 624-3600

5 Fax (206) 389-1708

mhough@riddellwilliams.com
6 ssherwood@riddellwilliams.com

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Attorneys for Defendant

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25 26 AMENDED CONSENT DECREE – 8
(CV05-01642-RSM)
27
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office
Federal Office Building 909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911
TDD (206) 220-6882

1

EXHIBIT 1

2

NOTICE TO ALL EMPLOYEES

3

This notice is being posted pursuant to an agreement between QBS, Inc. (“QBS”) and the

U.S. Equal Em ployment Opportunity Commissi on (“EEOC”), entered as the result of a

4 resolution of a lawsuit in the United States District Court.

5

Title VII o f the Civil Rights Act of 1964, as amended, the Age Discrim ination in

6

Employment Act of 1967, the Equal Pay Act of 1963, and the Americans with Disabilities Act of 1990 are enforced by the EEOC and require the following:

7
That there be no di scrimination against any e mployee or applicant for

8

employment because of the em ployee's race, sex, color, religion, national origin,

age (40 and above), or disability with respect to hiring, firing, com pensation, or

9

other terms, conditions or privileges of employment.

10

It is an unlawful em ployment practice fo r an employer to retaliate against any

11

employees or applicants for employment because they have opposed a practice or because they have made a charge, testified, assisted, or participated in any manner

12

in an investigation, proceeding, or hearing under these statutes.

13

QBS has in stituted a tr aining program to tra in its managers, supervisors and

employees regarding the requirements of the above statutes.
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QBS has posted this no tice because the Com pany supports and will comply with these federal laws in all respects.

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26 Exhibit 1 27

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 EEOC LITIGATION SETTLEMENT REPORT - March 2006

http://www.eeoc.gov/litigation/settlements/settlement03-06.html

EEOC v. Global Imaging Systems, Inc., dba Quality Business Systems No. CV05-01642 RSM (W.D. Wash. March 31, 2006)
The Seattle District Office filed this Title VII case alleging that Global Imaging Systems (GBS), a national provider of digital office imaging equipment, and Quality Business Systems (QBS), GBS's Washington State subsidiary, subjected charging party, a female sales representative at QBS's Woodinville, Washington facility, to sexual harassment and retaliated against her for complaining about the harassment.
Defendant QBS hired CP and a man as sales representatives in August and December 2003, respectively. Between early December 2003 and January 30, 2004, when CP resigned, the new male sales representative subjected her to unwelcome physical contact and sexual comments. CP complained more than once to her immediate supervisor, who had witnessed some of the incidents, and told him she was not comfortable continuing to work with the male sales representative. In response to CP's first complaint, her boss characterized the sales representative as "young and stupid" but took no corrective action. In response to an incident he witnessed shortly thereafter (on December 29), CP's boss told the male sales representative that his behavior was "inappropriate" and ordered him to apologize to CP. However, CP's boss failed to report incidents he witnessed to HR, as required under defendant's sexual harassment policy. CP and a male colleague reported the harassment to upper level management. After a meeting between CP and QBS's HR Director on January 8, 2004, QBS issued a written warning to the male sales representative and reassigned him to another facility (he was permitted to continue working in the Woodinville facility for 3 weeks). After the meeting with the HR Director, CP's boss took two major sales accounts away from her, began unfairly criticizing her work performance, and cautioned her not to say anything else about the harassment because she was ruining the male sales representative's reputation. Another sales manager accused her of having invited the harassment with flirtatious behavior. CP quit to take a position with a competitor. She was forced to leave that position within a month because several QBS employees made disparaging statements about her to her new employer and QBS threatened to sue her for breaching a noncompetition covenant even though she had complied with the plain language of the covenant.
The San Francisco District Office and defendants entered into a 2-year amended consent decree providing CP with $125,000 in monetary relief. The decree's injunctive and affirmative relief provisions apply to QBS's three facilities in Washington. QBS is prohibited from discriminating against applicants and employees based on sex and from engaging in retaliation. It will provide all managers, supervisors, and employees with 2 hours of live EEO training regarding sexual harassment and retaliation within 120 days of entry of the decree and with an additional 2 hours of EEO training annually thereafter. Defendant also will post a notice at each facility for the duration of the decree referencing the lawsuit and stating the company's nondiscrimination obligations under Title VII, the ADEA, the EPA, and the ADEA.

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