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

10

IN THE UNITED STATES DISTRICT COURT

11

FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE

12

13 EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

CIVIL ACTION NO.

14

15

Plaintiff,

COMPLAINT

16

v.

JURY TRIAL DEMAND

17
SWINERTON BUILDERS NORTHWEST,
18 INC.,

19

Defendant.

20

21

NATURE OF THE ACTION

22
This is an action under the Age Discrimination in Employment Act to correct unlawful
23
24 employment practices on the basis of his age and to provide appropriate relief to Edwin Joe Estes
25 who was adversely affected by such practices. The Equal Employment Opportunity Commission

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

alleges that Swinerton Builders Northwest, Inc. discriminated against Mr. Estes when it
1
2 terminated him because of his age. Plaintiff seeks monetary relief on behalf of Mr. Estes.

3

JURISDICTION AND VENUE

4

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

5 1343 and 1345. This action is authorized and instituted pursuant to Section 7(b) of the Age

6
Discrimination in Employment Act of 1967, as amended, 29 U.S.C.§626(b)(“ADEA”), which
7
incorporates by reference Sections 16(c) and17 of the Fair Labor Standards Act of 1938, as
8
amended, 29 U.S.C.§§216(c) and 217.
9

10

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

11 jurisdiction of the United States District Court for the Western District of Washington at Seattle.

12

PARTIES

13

3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is

14
the agency of the United States of America charged with the administration, interpretation and
15
enforcement of the ADEA, and is expressly authorized to bring this action by Section 7(b) of the
16

ADEA, 29 U.S.C. §626(b), as amended by Section 2 of Reorganization Plan No. 1 of 1978, 92
17

18 Stat. 3781, and the Public Law 98-532 (1984), 98 Stat. 2705.

19

4. At all relevant times, defendant Swinerton Builders Northwest, Inc. has been a

20 corporation continuously doing business in the State of Washington and has continuously had at
21
least 20 employees.
22
5. At all relevant times, defendant Swinerton Builders Northwest Inc. has
23
continuously been an employer engaged in an industry affecting commerce within the meaning
24
25 of Section 11(b), (g) and (h) of the ADEA, 29 U.S.C.§§630(b), (g) and (h).

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

CONCILIATION
1

2

6. Prior to institution of this lawsuit, the Commission’s representatives attempted to

3 eliminate the unlawful employment practices alleged below and to effect voluntary compliance

4 with the ADEA through informal methods of conciliation, conference and persuasion within the

5 meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
6
STATEMENT OF CLAIMS
7
7. More than thirty days prior to the institution of this lawsuit, Mr. Estes filed a
8
charge with the Commission alleging violations of the ADEA by defendant Swinerton Builders
9
10 Northwest, Inc. All conditions precedent to the institution of this lawsuit have been fulfilled.

11

8. On or about May 1, 2004, defendant engaged in unlawful employment practices at

12 its Seattle, Washington facility in violation of §4(a) of the ADEA, 29 U.S.C. §623(a). The
13 practices include terminating Mr. Estes because of his age, 63.
14
9. The effect of the practices complained of in paragraph 8 above has been to
15
deprive Mr. Estes of equal employment opportunities.
16
10. The unlawful employment practices complained of in paragraph 8 above were
17
18 willful within the meaning of Section 7(b) of the ADEA, 29 U.S.C. §626(b).

19

11. The unlawful employment practices complained of in paragraph 8 above were

20 done with malice or with reckless indifference to Mr. Estes’s federally protected rights.
21
PRAYER FOR RELIEF
22
Wherefore, the Commission respectfully requests that this Court:
23

24

25

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

A. Grant a permanent injunction enjoining defendant, its officers, successors, agents,
1
2 assigns, and all persons in active concert or participation with it, from engaging in any 3 employment practices which discriminate on the basis of age.

4

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

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

6
past and present unlawful employment practices.
7
C. Order defendant to make whole Mr. Estes by providing affirmative relief
8
necessary to eradicate the effects of its unlawful employment practices.
9

10

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

11 prejudgment interest and front pay losses resulting from the unlawful practices complained of in

12 paragraph 8 above.

13

E. Order defendant to pay Mr. Estes liquidated damages for its willful conduct

14
complained of in paragraph 8 above, in amounts to be determined at trial.
15
F. Grant such further relief as the Court deems necessary and proper in the public
16

interest.
17

18

G. Award the Commission its costs of this action.

19 //

20 //
21
//
22
//
23
//
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

JURY TRIAL DEMAND
1

2

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

3

DATED this 23rd day of September , 2005.

4

5 A. LUIS LUCERO, JR. Regional Attorney
6
KATHRYN OLSON 7 Supervisory Trial Attorney

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

8
DAMIEN LEE 9 Senior Trial Attorney

10
BY: /s/ A. Luis Lucero, Jr._____________ 11 EQUAL EMPLOYMENT OPPORTUNITY 12 COMMISSION
Seattle District Office 13 909 First Avenue, Suite 400
Seattle, Washington 98104 14 Telephone (206) 220-6915
Facsimile (206) 220-6911 15 Damien.Lee@eeoc.gov

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

16

17

Attorneys for Plaintiff

18

19

20

21

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

 
 WAWD CM/ECF Version 3.0.4 - Docket Report

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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-01625-RSM

Equal Employment Opportunity Commission v. Swinerton Builders Northwest Inc Assigned to: Hon. Ricardo S Martinez Cause: 42:2000 Job Discrimination (Age)

Date Filed: 09/23/2005 Date Terminated: 12/14/2005 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

Gwendolyn Young Reams Equal Employment Opportunity Commission Office of the General Counsel 1801 "L" Street, N.W. Washington, DC 20507 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James L. Lee Equal Employment Opportunity

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V. Defendant Swinerton Builders Northwest Inc

Commission Office of the General Counsel 1801 "L" Street, N.W. Washington, DC 20507 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
represented by Robynne Thaxton Parkinson GROFF MURPHY TRACHTENBERG & EVERARD, PLLC 300 EAST PINE SEATTLE, WA 98122 206-628-9500 Fax: FAX 628-9506 Email: rparkinson@groffmurphy.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/23/2005
10/05/2005 10/12/2005 10/17/2005

#

Docket Text

1 COMPLAINT against defendant Swinerton Builders Northwest Inc (Summons issued) (No fee required), filed by Equal Employment Opportunity Commission. (Attachments: (1) Civil Cover Sheet (2) Email Request to Open New Case)(MKB) (Entered: 09/27/2005)
2 SERVICE OF SUMMONS and Complaint returned executed upon defendant Swinerton Builders Northwest Inc on 10/3/2005 (RS, ) (Entered: 10/06/2005)
3 ANSWER to Complaint by Swinerton Builders Northwest Inc.(Parkinson, Robynne) (Entered: 10/12/2005)
4 ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT FRCP 26f Conference Deadline is 11/14/2005.Initial Disclosure Deadline is 11/21/2005. Joint Status Report due by

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11/14/2005 11/29/2005
12/07/2005 12/14/2005

11/28/2005; by Judge Ricardo S Martinez. (LC, ) (Entered: 10/17/2005)
5 JOINT STATUS REPORT and Discovery Plan filed by all parties. Est. Trial Days: Seven (7). (Attachments: # 1 Certificate of Service)(Lee, Damien) (Entered: 11/14/2005)
6 ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: *7 days*. Jury Trial is set for 1/22/2007 at 09:00 AM before Hon. Ricardo S Martinez. Joinder of Parties due by 5/31/2006; Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 7/26/2006; Motions due by 8/25/2006; Discovery completed by 9/25/2006; Dispositive motions due by 10/24/2006; 39.1 mediation to be completed by 12/8/2006; Motions in Limine due by 12/26/2006; Pretrial Order due by 1/10/2007; Trial briefs to be submitted by 1/17/2007; Proposed voir dire/jury instructions due by 1/17/2007; by Judge Ricardo S Martinez. (LC, ) (Entered: 11/29/2005)
7 STIPULATION AND PROPOSED ORDER OF DISMISSAL by parties. (Attachments: # 1 Proposed Order)(Olson, Kathryn) (Entered: 12/07/2005)
8 ORDER OF DISMISSAL by Judge Ricardo S Martinez. (RS, ) (Entered: 12/14/2005)

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 1
25778
2

Honorable Ricardo S. Martinez

3

4

5

6

7

8

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

9

AT SEATTLE

10 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,
11

12

v.

Plaintiff,

13
Swinerton Builders Northwest, Inc.,
14
Defendant.
15

16

17

) ) ) CIVIL ACTION No. CV05-01625 RSM ) ) ) ) [PROPOSED] CONSENT DECREE ) ) ) ) )

18

I. INTRODUCTION

19

1. This action originated when Edwin Joe Estes filed a charge of discrimination with

20 the Equal Employment Opportunity Commission ("EEOC” or “Commission"). Mr. Estes

21 alleged that Swinerton Builders Northwest, Inc. (“Swinerton NW” or “Defendant” or “the

22 Company”) discriminated against him based on his age (then 63 years old), in violation of the

23 Age Discrimination in Employment Act (“ADEA”) when he was terminated by Swinerton NW

24 in May 2004 and replaced by someone younger and less qualified. Swinerton NW denies these

25 allegations.

26 CONSENT DECREE – 1
(CV05-01625 RSM)
27
28

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District 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

10848 10848-06 il052601

1

2. On May 23, 2005, the EEOC issued a letter of determination with a finding of

2 reasonable cause to believe that Swinerton NW violated the ADEA. Swinerton NW disagrees

3 with this determination. Thereafter, EEOC attempted to conciliate the charge and conciliation

4 was unsuccessful.

5

3. The Commission filed its Complaint on September 23, 2005, in the United States

6 District Court for the Western District of Washington at Seattle. The Complaint alleges that

7 Swinerton NW discharged Mr. Estes in violation of the ADEA. Swinerton NW contested the

8 Complaint.

9

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

10 Complaint and Mr. Estes’ charge of discrimination filed with EEOC. The EEOC and Swinerton

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

12 set forth in the ADEA.

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

14

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

15 and shall not be construed as an admission by Swinerton NW of a violation of the ADEA.

16

III. SETTLEMENT SCOPE

17

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

18 unlawful employment practices contained in Mr. Estes’ discrimination charge, in the EEOC's

19 administrative determination, and in the Complaint filed herein, including all claims by the

20 parties for attorney fees and costs.

21

IV. MONETARY RELIEF

22

7. In settlement of this lawsuit, Swinerton NW agrees to pay directly to Mr. Estes,

23 through his private attorneys, the amount of $49,000, along with Mr. Estes’ share in the costs of

24 mediation. Swinerton NW and Mr. Estes will execute a separate release of claims to which the

25 EEOC will not be a party.

26 CONSENT DECREE – 2
(CV05-01625 RSM)
27
28

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District 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

10848 10848-06 il052601

1

V. AFFIRMATIVE AND OTHER RELIEF

2 A. General Provisions

3

8. Swinerton NW, its officers, agents, and employees will not engage in practices

4 which unlawfully discriminate against applicants and/or employees on the basis of age. In

5 recognition of its obligations under the ADEA, Swinerton NW will institute the policies and

6 practices set forth below.

7 B. Anti-Discrimination Policies and Procedures

8

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

9 management personnel, supervisors and employees.

10

10. Swinerton NW has developed and will review with the EEOC its equal

11 employment opportunity (“EEO”) policy that prohibits discrimination against applicants and/or

12 employees on the basis of age with respect to any term, condition or privilege of employment,

13 and addresses Swinerton NW’s obligation to provide a discrimination-free work environment for

14 its employees. Not later than sixty (60) days after entry of this Consent Decree, Swinerton NW

15 will re-distribute a written copy of its EEO policy to all its employees, both management and

16 non-management.

17 C. Human Resource Manager

18

11. Swinerton NW has designated an individual (”Human Resource Manager”), who

19 has and shall continue to have training and experience in human resources and EEO management

20 and, together with the Company’s current managers, will continue to provide advice and

21 guidance to assist the Company in making employment decisions in a non-discriminatory

22 manner. The Human Resource Manager will be responsible for the implementation and

23 oversight of Swinerton NW’s EEO policy and procedures.

24 D. Equal Employment Opportunity Training

25

12. As an ongoing commitment to equal employment opportunity,

26 CONSENT DECREE – 3
(CV05-01625 RSM)
27
28

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District 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

10848 10848-06 il052601

1 Swinerton NW has provided and will continue to provide an annual EEO training seminar to all

2 of its managers, supervisors, and employees. This anti-discrimination training will include, at a

3 minimum, a discussion of federal law prohibiting employment discrimination, including the

4 ADEA, and a review of Swinerton NW’s EEO policies. The training will be aimed at helping

5 attendees understand how to define and identify employment discrimination, and provide

6 information as to avenues of addressing suspected employment discrimination.

7

13. Not later than ninety (90) days after entry of this Consent Decree, Swinerton NW

8 will provide the EEO training noted in Paragraph 12 to all of its managers and supervisors,

9 including those responsible for hiring and discharge decisions.

10

14. Not later than one hundred and twenty days (120) after entry of this Consent

11 Decree, Swinerton NW will provide the EEO training noted in Paragraph 12 to those non-

12 management or supervisory employees employed at the time the EEO training seminar is

13 scheduled. Thereafter, Swinerton NW will provide an annual EEO training seminar(s) for

14 managers, supervisors and employees during the duration of the Consent Decree.

15

15. For the duration of this Consent Decree, Swinerton NW will notify the EEOC of

16 the completion of the training seminars and will specify the names and job titles of the managers,

17 supervisors and employees who participated in and completed the training. This information will

18 be provided as part of the annual report Swinerton NW submits to the EEOC.

19 E. Non-Disclosure of Information

20

16. Swinerton NW will not disclose any information or make reference to any charge

21 of discrimination or this lawsuit in responding to requests for information about Mr. Estes.

22 F. Policies Designed to Promote Accountability

23

17. Swinerton NW agrees that it shall impose discipline, up to and including

24 termination of employment, upon any supervisor or manager who discriminates against any

25 applicant and/or employee on the basis of age, or who retaliates against any person who

26 CONSENT DECREE – 4
(CV05-01625 RSM)
27
28

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District 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

10848 10848-06 il052601

1 complains about or participates in any investigation or proceeding concerning any allegation of

2 discrimination. Swinerton NW shall communicate this policy to all of its managers and

3 supervisors.

4

18. Swinerton NW agrees that it shall continue to advise all managers and supervisors

5 of their duty to ensure compliance with anti-discrimination laws and the Company’s EEO policy.

6 In conducting performance reviews, the Company will hold managers and supervisors

7 accountable for EEO enforcement and compliance.

8 G. Reporting

9

19. Swinerton NW will agree to report to the EEOC for a period of two (2) years. The

10 reports shall be in writing and submitted on an annual basis during the two year reporting period.

11 The reporting period will run from the date of the entry of this Consent Decree by the United

12 States District Court for the Western District of Washington.

13

20. These annual reports shall contain the following information and attachments:

14

a. Certification that Swinerton NW has:

15

1. Continued to maintain its written EEO policies and procedures and

annually distributed copies of its EEO policy to all current and newly

16

hired employees and as described in Paragraph 10;

17

2. Continued to employ an individual to serve as Human Resource Manager,

18

as required by Paragraph 11.

19

3. Complied with the training provisions enumerated in this Consent Decree,

as provided in Paragraphs 12-14;

20

4. Continued to promote policies and procedures to promote EEO

21

accountability by managers and supervisors, as required by Paragraph 17-

18.
22

23

5. Complied with all other provisions of this Consent Decree.

24

b. Copies of the following documents will be included with each annual report submitted to the Seattle office of the EEOC:

25

26 CONSENT DECREE – 5
(CV05-01625 RSM)
27
28

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District 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

10848 10848-06 il052601

1

1. A copy of the Company’s EEO policy and procedures developed and

implemented in accordance with the provisions of this Consent Decree;

2

2. Copies of the EEO training materials utilized during the applicable

3

reporting period;

4

3. A sign-in sheet or list of the Swinerton NW names and job titles of the

5

managers, supervisors and employees who completed EEO training and

the dates the training was conducted during the previous reporting period.

6
21. If applicable, Swinerton NW will submit a statement with its report to the EEOC

7
specifying the areas of noncompliance, the reason for the noncompliance, and the steps that will

8
be taken to bring Swinerton NW into compliance.

9

10 H. Posting

11
22. Swinerton NW will post a Notice to All Employees. This Notice is attached as
12
Exhibit 1 to this Consent Decree. The Notice shall be posted on a centrally located bulletin
13
board at all Swinerton NW facilities for the duration of the Consent Decree.
14
VI. ENFORCEMENT
15
23. If the EEOC determines that Swinerton NW has not complied with the terms of
16
this Consent Decree, the EEOC will provide written notification of the alleged breach to
17
Swinerton NW. The EEOC will not petition the Court for enforcement of this Consent Decree
18
for at least thirty (30) days after providing written notification of the alleged breach. The 30-day
19
period following the written notice shall be used by the EEOC and Swinerton NW for good faith
20
efforts to resolve the dispute.
21
VII. RETENTION OF JURISDICTION
22
24. The United States District Court for the Western District of Washington shall
23
retain jurisdiction over this matter for the duration of this Consent Decree.
24

25 26 CONSENT DECREE – 6
(CV05-01625 RSM)
27
28

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District 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

10848 10848-06 il052601

1

VIII. DURATION AND TERMINATION

2

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

3 the Decree. If the EEOC petitions the Court for breach of this Consent Decree, and the Court

4 finds Swinerton NW to be in violation of the terms of the Consent Decree, the Court may extend

5 the duration of this Consent Decree.

6

Dated this

day of

December , 2005.

7
A. LUIS LUCERO, JR.
8 Regional Attorney

JAMES L. LEE Deputy General Counsel

9 KATHRYN OLSON
Supervisory Trial Attorney
10
DAMIEN LEE
11 Senior Trial Attorney

GWENDOLYN YOUNG REAMS Associate General Counsel

12 EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
13 Seattle District Office
909 First Avenue, Suite 400
14 Seattle, Washington 98104
Telephone (206) 220-6895
15 E-mail: Kathryn.Olson@EEOC.gov

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

16
BY:____/s/ A. Luis Lucero, Jr.____
17
Attorneys for Plaintiff
18 Equal Employment Opportunity Commission

19 Robynne Thaxton Parkinson

20

GROFF MURPHY TRACHTENGBERG & EVERARD PLLC 300 East Pine Street

21

Seattle, WA 98122 Phone: 206-628-9500

22 Email: rparkinson@groffmurphy.com

23 BY:___/s/ Robynne Thaxton Parkinson__________________________

24 Attorneys for Defendant 25 Swinerton Builders Northwest, Inc.
26 CONSENT DECREE – 7
(CV05-01625 RSM)
27
28

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District 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

10848 10848-06 il052601

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONSENT DECREE – 8
(CV05-01625 RSM)
27 28
10848 10848-06 il052601

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District 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 Swinerton Builders

Northwest, Inc. (“Swinerton NW”) and the U.S. Equal Employment Opportunity Commission

4 (“EEOC”), entered as the result of a resolution of a lawsuit in the United States District Court.

5

Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination 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 discrimination against any employee or applicant for

8

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

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

9

other terms, conditions or privileges of employment.

10

It is an unlawful employment practice for 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

Swinerton NW has posted this notice because the Company supports and will

comply with these federal laws in all respects. Swinerton NW has instituted a training
14 program to train its managers, supervisors and employees regarding the requirements of

15 the above statutes.

16

17

18

19

20

21

22

23

24

25

26 Exhibit 1 27

28

10848 10848-06 il052601

 
 1

2

3

4

5

6

7

8

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

9

AT SEATTLE

10 EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

11

) CIVIL ACTION No. CV05-01625 RSM

12

v.

Plaintiff,

)

)

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Swinerton Builders Northwest, Inc.,

) ) ORDER OF DISMISSAL

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)

Defendant.

)

15

)

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

17 HEREBY ORDERED THAT the foregoing Consent Decree be, and the same is, approved as the

18 final Decree of this Court, in full settlement of this action. This lawsuit is hereby dismissed with

19 prejudice and without costs or attorneys’ fees to any party. The Court retains jurisdiction of this 20 matter for purposes of enforcing the Consent Decree approved herein. 21

22

DATED this 14 day of December 2005.

23

A

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RICARDO S. MARTINEZ

UNITED STATES DISTRICT JUDGE

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26 Order of Dismissal 27 (CVO5-01625 RSM)

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