Case 2:03-cv-02618-JCC Document 1-1 Filed 08/22/2003 Page 1 of 4

18

NATURE OF THE ACTION

19

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

20 Rights Act of 1991 to correct unlawful employment practices and to provide appropriate relief to

21 Alissa Talton and similarly situated female employees who were adversely affected by such

22 practices. The Equal Employment Opportunity Commission (the "Commission") alleges that

23 defendant, K & C, Inc. d.b.a. Newport Bay Restaurant, subjected Ms. Talton and similarly situated

24 female employees to a sexually hostile work environment. The Commission seeks monetary and

25 injunctive relief, including pecuniary and nonpecuniary compensatory damages and punitive

26 damages, on behalf of Ms. Talton and similarly situated female employees.

27

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
LI' _ _ _ _ _ _ _ COMPLAINT- PAGE _1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___. TDD (206) 22D-6B82

Case 2:03-cv-02618-JCC Document 1-1 Filed 08/22/2003 Page 2 of 4

1

JURISDICTION AND VENUE

2

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337, 1343

3 and 1345. This action is authorized and instituted pursuant to Sections 706(f)(l) and (3) of Title VII

4 of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(l) and (3) ("Title VII"), and

5 Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §198la.

6

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

7 jurisdiction of the United States District Court for the Western District of Washington.

8

PAIUIES

9

3. Plaintiff, the Equal Employment Opportunity Commission, is the agency of the

10 United States of America charged with the administration, interpretation and enforcement of Title

11 VII, and is expressly authorized to bring this action by Section 706(f)(J) of Title VII, 42 U.S.C.

12 §2000e-5(f)(l ).

13

4. At all relevant times, defendant K & C, Inc. d.b.a. Newport Bay Restaurant, has

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

15 at least 15 employees.

16

5. At all relevant times, defendant K & C, Inc. d.b. a. Newport Bay Restaurant,

17 incorporated in Washington, has continuously been an employer engaged in an industry affecting

18 commerce within the meaning of Sections 70J(b), (g) and (h) of Title VII, 42 U.S.C. §§2000e-(b),

19 (g) and (h).

20

STATEMENT OF CLAIMS

21

6. More than thirty days prior to the institution of this lawsuit, Ms. Talton filed a charge

22 of discrimination with the Equal Employment Opportunity Commission alleging violations of Title

23 VII by defendant, Newport Bay Restaurant. All conditions precedent to the institution of this lawsuit

24 have been fulfilled.

25

7. Beginning approximately August 200 I, defendant engaged in unlawful employment

26 practices at its Kirkland, Washington restaurant, in violation of §§ 703(a) of Title VII, 42 U.S.C.§§

27 2000e-2(a). Defendant affected the terms and conditions ofAlissa Talton's and similarly situated

COMPLAINT· PAGE 2

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

Case 2:03-cv-02618-JCC Document 1-1 Filed 08/22/2003 Page 3 of 4

1 female employees' employment by subjecting them to ongoing sexual harassment including physical

2 sexual contact and sexual comments because oftheir sex.

3

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

4 Alissa Talton and similarly situated female employees of equal employment opportunities and

5 otherwise adversely affect their status as employees.

6

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

7 intentional.

8

10. The unlav.ful employment practices complained of in paragraph 7 above were done

9 with malice or with reckless indifference to the federally protected rights of Alissa Talton and

10 similarly situated female employees.

11

PRAYER FOR RELIEF

12

Wherefore, the Commission respectfully requests that this Court:

13

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

14 assigns, and all persons in active concert or participation with it, from engaging in any

15 employment practices which discriminate on the bases of sex.

16

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

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

18 and present unlawful employment practices.

19

C. Order defendant to make whole Alissa Talton and similarly situated female

20 employees by providing appropriate back pay with prejudgment interest, in amounts to be

21 determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful

22 employment practices.

23

D. Order defendant to make whole Alissa Talton and similarly situated female

24 employees by providing compensation for past and future pecuniary losses resulting from the

25 unlawful employment practices described in paragraph 7 above, including past and future out-of-

26 pocket expenses, in amounts to be determined at trial.

27

E. Order each defendant to make whole Alissa Talton and similarly situated female

COMPLAINT • PAGE 3

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office Federal Otr1ce Building
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TOO (206} 220-6882

Case 2:03-cv-02618-JCC Document 1-1 Filed 08/22/2003 Page 4 of 4

employees by providing compensation for past and future nonpecuniary losses resulting from the

2 unlawful practices complained of in paragraph 7 above, including without limitation emotional pain,

3 suffering, and loss of enjoyment of life, in amounts to be determined at trial.

4

F. Order each defendant to pay Alissa Talton and similarly situated female employees

5 punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts

6 to be determined at trial.

7

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

8 interest.

9

H. Award the Commission its costs of this action.

10

11

JURY TRIAL DEMAND

12

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

13
, 2003. 14

15 A. LUIS LUCERO, JR.
16 Regional Attorney

17 KATHRYNOLSON

Supervisory Trial Attorney 18
TERIHEALY 19 Trial Attorney _

r;;

20 BY:t;7~~~ EQUAL LOYNffiT/

21 OPPORTUNITY COMMISSION

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

22 Seattle District Office 909 First Avenue, Suite 400
23 Seattle, Washington 98104 Telephone (206) 220-6916
24

25

Attorneys for Plaintiff

26

27

COMPLAINT- PAGE 4

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office Federal Office Building
909 Firat Avenue, Suite 400 Seattle, Washington 98104-1001
Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-8882

 
 Case 2:03-cv-02618-JCC Document 7 Filed 11/18/2003 Page 1 of 18

1 A. LUIS LUCERO, JR., REGIONAL ATTORNEY
KATHRYN OLSON, SUPERVISORY TRIAL ATTORNEY 2 TERI HEALY, TRIAL ATTORNEY
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 3 909 FIRST AVENUE, SUITE 400
SEATTLE, WA 98104 4 (206) 220-6916

5

111111111111 1111111111 1111111111 111111111 1111

6

11111111111111111111111111111111111

03-CV-02618-0RJ)

7

8

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

9

AT SEATTLE

10 EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

11

)

Plaintiff,

)

12

v_

)

)

!3 K&C, INC. d.b.a. NEWPORT BAY

)

RESTAURANT

)

14

)

Defendant.

)

15 ---------------------------)

16

NO.03-2618C
CONSENT DECREE AND [PROPOSED] ORDER OF DISMISSAL

17

18
I. INTRODUCTION 19
1. This action orig!nated with discrimination charges filed by Alissa Talton 20
with the Equal Employment Opportunity Commission. Ms. Talton alleged K&C, Inc. 21
d_b_a. Newport Bay Restaurant in Kirkland ("K&C, Inc.") discriminated against her on 22
the basis of sex by subjecting her to sexual harassment, in violation of Title VII of the 23
Civil Rights Act of 1964, as amended (''Title VII"), 42 U.S.C. § 2000e et seq.
24
2_ The EEOC sent K&C, Inc. a Letter of Determination with findings of 25

CONSENT DECREE - 1

u_s. EQUA~ EMPWYMENT OI'PORTVNITY COMMISSlON
Se.anl.. DLstrk, Office; 909 First A'v'!I!I'IUII!I, SUitl!i 400
SeGttlf:. WosningtGn 98104-1061 T~l~f,aM: (~06) 220-6883 rac!tinlilr:: (206) 220.6911 TOo: (206) i!ZO-6B8Z

Case 2:03-cv-02618-JCC Document 7 Filed 11/18/2003 Page 2 of 18

reasonable cause that K&C, Inc. had violated Title VII.

2

3. The Commission filed this lawsuit on August 22, 2003, in the United

3 States District Court for the Western District of Washington at Seattle on behalf of Ms.

4 Talton and other similarly situated female employees ("class members"). K&C, Inc.

5 filed its Answer and Affirmative Defenses to the lawsuit on December 12, 2003.

6

4. The EEOC and K&C, Inc. want to conclude all claims arising out of the

7 above charges without expending further resources in contested litigation.

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

9

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

10 adjudication or finding on the merits of the case. K&C, Inc. K&C, Inc. specifically

11 denies any allegations of wrongdoing.

12

III. SETTLEMENT SCOPE

13

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

14 allegations of unlawful employment practices contained in: (1) the charge filed by Ms.

15 Talton; (2) the EEOC's administrative determination concerning K&C, Inc. and Pacific

16 Coast Restaurants; and (3) the Complaint filed herein on behalf of Ms. Talton and class

17 members, including all claims by the parties for attorney fees and costs. Unless

18 otherwise specifically stated, the terms of this Consent Decree shall apply only to the

19 franchised Newport Bay Restaurant in Kirkland owned and operated by K&C, Inc.

20

IV. JURISDICTION AND VENUE

21

7.

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

22 1337,1343 and 1345. Plaintiff EEOC's action is authorized pursuant to Sections

23 705(g)(6), 706(f)(1) and (3) and Section 707 of Title VII of the Civil Rights Act of 1964,

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

25 The employment practices alleged to be unlawful in the EEOC's Complaint filed herein

CONSENT DECREE - 2

U.S, EQUAl EMPLOYMENT Of'PORTUNITY COMMISStON 5utti& bistriel Offiee 909 First A~"lJf;. SUit!!; 400
.su.ttle. WQshington 98104-1061
T~lej;lhan~: (~06) ~20-6S83
rat!lltnilt!:: (206)220-6911
lOt>: (206) z20-6a8z

Case 2:03-cv-02618-JCC Document 7 Filed 11/18/2003 Page 3 of 18

occurred within the jurisdiction of the United States District Court for the Western

2 District of Washington.

3

4

V. DEFINITION OF TERMS

5

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

6

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

7 District Court for the Western District of Washington at Seattle enters the Consent

8 Decree and (Proposed) Order of Dismissal.

9

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

10

10. "Formal or Informal Complaints" includes any complaint of discrimination

II or harassment, whether written or oral, made to a supervisory employee of K&C, Inc.

12

VI. MONETARY RELIEF

13

11. In settlement of the EEOC's claims in this lawsuit, K&C, Inc. has agreed to

14 pay Alissa Talton Fifteen Thousand Dollars ($15, 000) and Jenny Clemetson Ten

15 Thousand Dollars ($10,000), contingent on their respective signatures on the releases

16 attached hereto as Exhibits 1 and 2.

17

VII. INJUNCTIVE RELIEF

18 A. Compliance with Title VII

19

12. K&C, Inc. reaffirms its commitment to comply with Title VII. To further

20 this commitment, the company shall monitor the affirmative obligations of this Consent

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

22

13. K&C, Inc. will not retaliate against any applicant or employee for opposing

23 a practice deemed unlawful by Title VII or for making a charge, testifying, assisting, or

24 participating in any investigation, proceeding, or hearing associated with this action.

25

14. K&C, Inc., its supervisors, and managers are hereby enjoined from

CONSENT DECREE - 3

U.S. EQUA~ EMPlOYMENT Of>PORTUNITY COMMlSSlON Sca.ttl.. bistrict 001(. 909 First Ave~. Suit!! 400
s~ttlr:, W!lshingtlln 98104-1061 're~phot\l!;: (206) 220-6883
f~,simi'e: (206) iil:20-69U
ThD: (206) 220-6862

Case 2:03-cv-02618-JCC Document 7 Filed 11/18/2003 Page 4 of 18

engaging in personnel practices which unlawfully discriminate against applicants and

2 employees in violation of Title VII. In recognition of its obligations under Title VII, K&C,

3 Inc. will institute the policies and practices set forth below.

4 B. Expunging Records

5

15. Defendant will not disclose any information or make references to any

6 charges of discrimination or this lawsuit in responding to employment reference

7 requests for information about Alissa Talton or Jennifer Clemetson. In response to any

8 inquiries regarding Alissa Talton and Jennifer Clemetson, K&C, Inc. shall provide

9 employment references that include only dates of employment and positions held.

10

16. Defendants will expunge from Alissa Talton and Jennifer Clemetson's

11 personnel files, any references to a charge of discrimination against Defendant and this

12 lawsuit. Defendant will not add any information or references to Alissa Talton and

13 Jennifer Clemetson's personnel files or records regarding their charge of discrimination

14 and this lawsuit after such references have been expunged. Files containing

15 information about Alissa Talton and Jennifer Clemetson that have been developed

16 during the subject litigation will be maintained at the offices of Defendant's counsel,

17 Stoel Rives. K&C, Inc. will make Alissa Talton and Jennifer Clemetson's personnel files

18 available for inspection by counsel for Alissa Talton and Jennifer Clemetson at the

19 offices of Stoel Rives.

20

21 C. Retention of Sexual Harassment ~onsultant to Develop Policy Against

22

Sexual Harassment

23

17. With the assistance of an independent sexual harassment consultant,

24 K&C, Inc. will adopt a new written equal employment opportunity policy which sets forth

25 the requirements of federal laws against employment discrimination and specifically

CONSENT DECREE - 4

lI.S. EQlIAl EMPLOYME;Nr OPPOO'TVNITV COMMISSION
58dttle. 0Is,,"I(:1 Offic;c 909 first AW:hUE, Suit~ 400 ~tfJc.. W(lshington 981M-I061 T~~htJFIe; (206) 220-68B3
Fac.i:imile: (204) 2:110-6911
Tt>[): (206) 220·,6882

Case 2:03-cv-02618-JCC Document 7 Filed 11/18/2003 Page 5 of 18

1 those provisions which make sexual harassment unlawful and which make it unlawful to

2 retaliate against any current or former employee for opposing any practice made

3 unlawful by Title VII. The sexual harassment consultant will be retained, at K&C, Inc.'s

4 expense, to conduct an internal review and audit of the company's sexual harassment

5 policy and complaint procedure. The sexual harassment consultant will be subject to

6 the prior approval of the EEOC and the policy and complaint procedure to be developed

7 will address, at a minimum, the following statement of "Zero-Tolerance Policy":

8

K&C, Inc. is firmly committed to developing and maintaining a zero~

tolerance policy concerning sex discrimination, sexually-based

9

harassment and retaliation against individuals who report

discrimination or harassment in the company's workplace; to swiftly

10

and firmly responding to any acts of sex discrimination, sexually-

based harassment or retaliation of which the company becomes

II

aware; to implementing a disciplinary system that is designed to

strongly deter future acts of sex discrimination, sexually-based

12

harassment or retaliation; to eradicating any vestiges of a work

environment that is sexually hostile to individuals; and to actively

13

monitoring its workplace in order to ensure tolerance, respect and

dignity for all people.

14

15

18. In order to effectuate the objectives embodied in K&C, Inc.'s Zero-

16 Tolerance Policy and this Decree, K&C, Inc. shall make whatever specific modifications

17 are necessary to its existing policies, procedures, and practices in order to ensure that

18 the following policies, procedures and practices are in effect:

19

(a) Sex Discrimination and Harassment Policy. K&C, Inc. agrees that

20

it shall revise its sex discrimination and harassment policy, as

2\

necessary, in order to:

22

(i) provide clear definitions and examples of prohibited sex

23

discrimination, sexually-based harassment, and retaliation;

24

(ii) provide for substantial and progressive discipline for

25

incidents of sex discrimination, sexually-based harassment,

CONSENT DECREE - 5

u.s. EQUAL EMl'LOYMENT OPPOOlVNITY COMMIssION SaQttl~ Dlsfl"k.t otfic;;c
909 First Avehur:, Suite 400 SeQttle, W(I!lhingtoh 9'8104.1061
TelephoJ'l!: (206) 220-6883 Ft;lI;$:imile: (2:06) 220-69U roD: (206) ?20-6882

Case 2:03-cv-02618-JCC Document 7 Filed 11/18/2003 Page 6 of 18

1

and/or retaliation;

2

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

3

harassment and/or retaliation will be accepted by K&C, Inc.

4

in writing and orally;

5

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

6

commencing an investigation after a complaint is made or

7

received and for remedial action to be taken upon

8

conclusion of an investigation; and

9

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

10

investigation of a complaint, K&C, Inc. will communicate to

11

the complaining party the results of the investigation and the

12

remedial actions taken or proposed, if any.

13

(b) Complaint Procedures.

14

(i) K&C. Inc. agrees that it shall institute a complaint procedure

15

to ensure that it is designed to encourage employees to

16

come forward with complaints about violations of its sex

17

discrimination, sexually-based harassment and retaliation

18

policy. As part of this policy, K&C, Inc. agrees that it shall

19

provide its employees with convenient, confidential and

20

reliable mechanisms for reporting incidents of sex

2\

discrimination, sexually-based harassment and retaliation.

22

K&C, Inc. agrees that it shall designate at least two upper

23

management employees charged with investigating such

24

issues, as persons who may be contacted, and their names,

25

responsibilities, work locations and telephone numbers shall

CONSENT DECREE - 6

V.S. EQVAl EMPlOYMENT OPPORTVNlTY COMMISsION S&att&. Distric:t Offl«: 909 First A\II!5hu1!., Suitr: 400
5e4tt1c., WdShington 98104-1061 Tr,:.Ic:pt!lmc.; (Z'06) 2~0-6883 FlIc~i!llile.: (206) 2'2'0-6911
roD: (206) 220-6SS2

Case 2:03-cv-02618-JCC Document 7 Filed 11/18/2003 Page 7 of 18

be routinely and continuously posted. Also as part of its

2

procedure, K&C, Inc_ agrees that it shall keep a Complaint

3

Box in a place within K&C, Inc. premises where employees

4

tend to gather and which is not in the managerial area of

5

K&C, Inc.'s offices. The upper management employees

6

designated by K&C, Inc_ as charged with investigating

7

complaints of discrimination will gather the complaints from

8

the Complaint Box. Additionally as part of its complaint

9

procedure, K&C, Inc. agrees that it shall maintain throughout

10

its workplace the presence of personnel charged with

11

handling complaints of sex discrimination, sexually-based

12

harassment and retaliation.

13

(ii) K&C, Inc. agrees that it shall enable complaining parties to

14

be interviewed by K&C, Inc_ about their complaints in such a

15

manner that permits the complaining party, at such party's

16

election, to remain inconspicuous to all of the employees in

17

such party's work area. K&C, Inc_ agrees that its complaint

18

procedure shall not impose upon individuals seeking to

19

make a complaint alleging sex discrimination, sexually-

20

based harassment and/or retaliation any requirements that

21

are more burdensome than are imposed upon individuals

22

who make other complaints of comparable gravity.

23

(iii) K&C, Inc_ agrees that it shall ensure that its policies and

24

procedures provide that complaint handling and disciplinary

25

procedures regarding all complaints of sex discrimination,

CONSENT DECREE - 7

U.s_ EQUAL EMPLOYMENT OPPORruNrTY COMMISSION
&.attle bhlitrid Officc
909 rir!lt A~n~, 5\lite 400
Seanl@:, Wa:s:hingtol'l 9BHJ.t.106J
T~I~phoJl!.: (206) 220-6883 fac!limiir.: (206) 220-6911
mD: (206) 220·6882

Case 2:03-cv-02618-JCC Document 7 Filed 11/18/2003 Page 8 of 18

1

sexually-based harassment and/or retaliation are

2

investigated and addressed promptly. Specifically, K&C,

3

Inc. agrees that it shall make its best effort to investigate all

4

complaints of sex discrimination, sexually-based harassment

5

and/or retaliation promptly and to complete investigations

6

within three (3) weeks. K&C, Inc. will further make its best

7

effort to prepare its written find ings of the results of each

8

investigation and the remedial actions proposed within

9

seven (7) days after completion of the investigation, and

10

shall thereupon promptly communicate to the complaining

II

party the results of the investigation and the remedial

12

actions taken or proposed, if any.

13

(iv) K&C, Inc. agrees that it shall make its best effort to ensure

14

that appropriate remedial action is taken to resolve

15

complaints and to avoid the occurrence of further incidents

16

of sex discrimination, sexually-based harassment and/or

17

retaliation. K&C, Inc. further agrees that it shall revise its

18

progressive discipline policy to provide for appropriate

19

discipline including, but not limited to, suspensions without

20

pay, demotion or termination, as possible consequences for

2J

violations of its sex harassment policy.

22

(c) Policies Designed To Promote Supervisor Accountability.

23

(i) K&C, Inc. agrees that it shall impose discipline designed to

24

stop any unlawful behavior, up to and including suspension

25

without pay, demotion or termination upon any supervisor or

CONSENT DECREE - 8

U.5. €QUA~ EMP~OYMENT OPPORTVNITY COMMl55ION Scottie O''''''et Offl«
909 First A~rtiII!. 5ltI1'~ 400 St!5llttle, W~in9'ton 98104-1061
Tdo!;l>hl>nc~ (ZO~) 2~O-6883
FQl;5imill!: (206) ZZO-6!>,11
TDD: (2~) 2~O-6882

Case 2:03-cv-02618-JCC Document 7 Filed 11/18/2003 Page 9 of 18

manager who engages in sex harassment or permits any

2

such conduct to occur in his or her work area or among

3

employees under his or her supervision, or who retaliates

4

against any person who complains or participates in any

5

investigation or proceeding concerning any such conduct

6

K&C, Inc. shall communicate this policy to all of its

7

supervisors and managers.

8

(ii) K&C, Inc. agrees that it shall continue to advise all

9

managers and supervisors of their duty to actively monitor

10

their work areas to ensure employees' compliance with the

II

company's sex discrimination and harassment policy, and to

12

report any incidents and/or complaints of sex harassment

13

and/or retaliation of which they become aware to the

14

department charged with handling such complaints.

15

(iii) K&C, Inc. agrees that, in evaluating the performance and

16

determining compensation of managers and supervisors, it

17

will take into account how supervisors and managers handle

18

equal employment opportunity ("EEO") issues, and to link

19

such evaluations to any supervisor or management

20

salary/bonus decisions.

21

(iv) K&C, Inc. agrees that it shall include "commitment to equal

22

employment opportunity" as a criterion for qualification for

23

supervisory or management positions.

24

25

CONSENT DECREE ~ 9

V.S. EQVAL EMPlOYMENT OPPORl\JNrTY COMMlSSION Sellitt" biril"'i(:t Offlc:e 909 First Avu.ue, suite 400
St!il:ttle:, Wo,ji:hington gel04-1061 Tr:lr:pho~: (206) 220-6883 FdC!lltnilr:: (206) 220-6911
TbOo: (206) 220-6882

Case 2:03-cv-02618-JCC Document 7 Filed 11/18/2003 Page 10 of 18

1

(d) Sexual Harassment Training.

2

(i) K&C, Inc. agrees that it shall provide mandatory annual sex

3

discrimination and sexual harassment training to all

4

employees, including supervisors, managers and senior

5

managers; to provide mandatory sex discrimination and

6

sexual harassment training to all new employees during

7

employee orientation; and to provide training to all persons

8

charged with the handling of complaints of sex

9

discrimination, sexual harassment and/or retaliation

10

harassment in the workplace, including the techniques for

11

investigating and stopping it. This training shall include

12

issues regarding sex discrimination as it may affect

13

employees of K&C, Inc. K&C, Inc. understands and agrees

14

that this training, particularly that directed towards senior

15

management officials, may require one-on-one training,

16

counseling and/or educational sessions. K&C, Inc. agrees

17

to require Owner/General Manager Kevin Orrico to undergo

18

one on one counseling with a counselor approved by the

19

EEOC and K&C, Inc. attorneys no less Eighteen (18) 1 hour

20

sessions over two years. Twelve (12) of the Eighteen

21

sessions (18) must take place within one year after the entry

22

date of this consent decree. These counseling sessions

23

must address issues of sexual harassment and use of power

24

over subordinates.

25

CONSENT DECREE - 10

u.s. EQU~l EMPlOYMENT OI'I'OR'IlJNrTY COMMISSlON
5eo.nle. bl.strid Office
909 FIrst A~nur:, S\,Iifc 400
5e:cHII:, W05nington 9'8104-1061 Te:k.$JhQM; (206) 220-6B83 f"[lcsi'llile:: (206) 220-69U
TOO: (206) 220-6882

Case 2:03-cv-02618-JCC Document 7 Filed 11/18/2003 Page 11 of 18

(ii) K&C, Inc. agrees that all training required by this Decree

2

shall be conducted by experienced sex discrimination and

3

sexual harassment educators and/or consultants. K&C, Inc.

4

agrees that the training outlined in this Decree shall begin

5

with an initial assessment conducted by the educators

6

and/or consultants and may include a broad assessment of

7

K&C, Inc.'s function as it interplays with the training issues

8

outlined above. K&C, Inc. understands that this assessment

9

may result in policy or training recommendations beyond

10

those required by this Decree, and that K&C, Inc. shall be

11

responsible for all costs associated with any assessment or

12

training growing out of this Decree.

13

(iii) K&C, Inc. agrees that it shall require a senior management

14

official to introduce all sex discrimination and sexually-based

15

harassment training to communicate K&C, Inc.'s

16
17 D.

Reporting

commitment to its statement of Zero-Tolerance Policy.

18

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

19 thereafter for the dUration of the Decree, K&C, Inc. will send the EEOC a

20 written report of individuals who complained of sexual harassment during the prior six-

21 month period, along with an explanation as to Defendant's response to any compliant.

22 K&C, Inc. also shall affirm steps taken to comply with all other terms of the Decree

23 including affirmation that Kevin Orrico is undergoing counseling as provided in

24 Paragraph 18 (d)(i).

25

CONSENT DECREE - 1I

u.s. EQUAl. EMPlOYMEt<T OPPORTUNITY COMMISSION Sad'ttle Dls,.,./c:;t OfficE
909 Fil"St "'w:nue, Sui"te '400 5e:[]ttl~. Wasllington 98104-1061
Tele:phD.....: (2060) 1:20-688:3:
Facsimll4!;: (206) 220·6911 TDD: (206) ~20-6882

- ------------
Case 2:03-cv-02618-JCC Document 7 Filed 11/18/2003 Page 12 of 18

20. K&C, Inc. shall submit a final report to EEOC 30 days before

2 the Consent Decree expires, including a statement that it has complied with all the

3 terms of this Consent Decree.

4 E. Posting

5

21. Within two (2) weeks after entry of this Decree, K&C, Inc. shall

6 post a notice in the form of Exhibit 3 attached to this Decree in prominent and

7 conspicuous locations in or near the employee lunchroom or other place within K&C,

8 Inc. premises where employees tend to gather. The notice shall remain posted for the

9 duration of this Decree. In the event that the persons and/or departments to whom

10 individuals should make complaints alleging discrimination or retaliation change during

11 the term of the Decree, such that the information contained on the notice is no longer

12 accurate, K&C, Inc. shall immediately prepare a new notice that contains the correct

13 information. K&C, Inc. shall thereupon promptly replace the old notices with the

14 revised notices. K&C, Inc. shall maintain a copy of this Decree in its Personnel Office

15 for any employee who wishes to review it.

16

VIII. ENFORCEMENT

17

22. If the EEOC concludes that K&C, Inc. has breached this

18 agreement, it may bring an action in the United States District Court for the Western

19 District of Washington at Seattle to enforce this Consent Decree. Before bringing an

20 action for breach of the Decree, the EEOC shall first give the company and its

21 attorneys 10 days' written notice, with such period to commence on the date written

22 notice is received. The EEOC and the company shall use that 1O-day period for good

23 faith efforts to resolve the matter.

24 /I

25 /I

CONSENT DECREE - 12

U.S. EQUAL EMPLOYMENT OPPOR'lVNlTY COMIoU5SION Seattle. DlstI"k.t Offic.
909 Firrt A\fetlL.lr:, $l,Iitc. 400 ~!;Ittlc., WQsningtot'l 98104.1061
TI!I~~ne: (206) 220-6alil~ f'o.aimill!: (206) iitiitO-6911
"rOD: (20b) 220-6,882

Case 2:03-cv-02618-JCC Document 7 Filed 11/18/2003 Page 13 of 18

IX. RETENTION OF JURISDICTION

2

23. The United States District Court for the Western District of Washington at

3 Seattle shall retain jurisdiction over this matter for the duration of the Decree.

4

X. DURATION AND TERMINATION

5

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

6 date the Decree is filed. If the EEOC petitions the Court for breach of agreement, and

7 the Court finds the company to be in violation of the terms of the Consent Decree, the

8 Court may extend this Consent Decree.

9

10

XI. CONCLUSION

11

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

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

13 decree in the court.

14

14 N ~ DATED this

day of

c> Ve t'V\ k Y

,2003.

15 A. LUIS LUCERO, JR. Regional Attorney
16
KATHRYN OLSON 17 Supervisory Trial Attorney

ERIC S. DREIBAND General Counsel
JAMES D. LEE Deputy General Counsel

18 TERIHEALY Trial Attorney
<J.~;' fllff: ~ 19
20 BEYQ, UALE~OYM~pPO'RdTI)UNrY
21 COMMISSION Seattle District Office
22 909 First Avenue, Suite 400 Seattle, Washington 98104
23 Telephone (206) 220-6916

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

24
Attorneys for Plaintiff 25

CONSENT DECREE - 13

V.S. EQVAL EMPLOYMENT OI'POImINI"TY COMIIJ.SSION Seattle bi.trict Offlee 909 firfl ~~nul!, SUit!! 400
SMttle, WQ~hi"9'ton 98104-1061 'rl!ll!ipnp~: (206) 220-6883
FQC:5i",i~: (2:06) 220·6!U1 T{)O: (206) 2l0-6Baz

Case 2:03-cv-02618-JCC Document 7 Filed 11/18/2003 Page 14 of 18

1 2 BY:
3
4
S 6
7
8 9 10
11 12 13 14
IS 16
17
1&
19 20 21 22 23 24 2S

Attorneys for Defendant

Case 2:03-cv-02618-JCC Document 7 Filed 11/18/2003 Page 15 of 18

2

ORDER

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

5 is hereby dismissed with prejudice and without costs or attorneys' fees to any party.

6 The Court retains jurisdiction of this matter for purposes of enforcing the Consent

~ 7 Decree approved herein.

8

DATED this

'\
day of _G-I----',J-J--'u'---V_'_ _ _ _, 2003.

9

10

11

12

ITEO STATES 01 RICT JUDGE

13

14

15

16

17

18

19

20

21

22

23

24

25

CONSENT DECREE - 15

U .5. EQUA~ EMPLOYMENT OPPOI>TVNrrY COMMlSSION Seattle DiJrtrict Office 909 fird A'II&~. 5ul.te-.4OO
5e(1ttl.... WlUhi"91"lJn 98104-1061 T~Ii&pholl4!i: (206) 220-6-883
FlJuifllile' (206) 220-6911 roD: (206) 220-6882:

Case 2:03-cv-02618-JCC Document 7 Filed 11/18/2003 Page 16 of 18
RELEASE OF CLAIMS
THIS RELEASE OF CLAIMS is agreed to by Alissa Talton ("Ms. Talton") as a condition of a Consent Deeree (the "Consent Decree") entered into between K&C, Inc. and the Equal Employment Opportunity Commission in the matter Equal Employment Opportunity Commission v. K&C. Inc. d/b/a Newport Bay Restaurant, Cause No. C03-2618C, filed in the United States District Court, Western District of Washington, and specifically, in exchange for K&C, Inc. paying Ms. Talton Fifteen Thousand Dollars ($15,000), as set forth in paragraph I I of the Consent Decree. This payment represents payment in full for all alleged damages claimed by Ms. Talton arising out of her employment with K&C, Inc. K&C, Inc. shall make no deductions from this payment, and Ms. Talton agrees to indemnifY and hold K&C, Inc. harmless from any taxes, penalties, interest, liens, costs or subrogations imposed and/or found and determined to be owing by any court or state or federal government agency as a result of her receipt of this payment. K&C, Inc. shall make this payment by sending Ms. Talton a check via certified mail, no later than fourteen (14) husiness days after the date the Consent Decree is entered by the Court, with copies provided to EEOC.
Ms. Talton hereby releases and discharges K&C, Inc., Kevin Orrico, and Pacific Coast Restaurants from any and all claims, known or unknown, asserted or not, arising from, by reason of, or related to, her employment with K&C, Inc., or her resignation of that employment, through and including the date of the Consent Decree. This release includes, but is not limited to, any claim under any Jederal, state, Of local law, or other authority, including claims arising under any Jeder<ll or Washington state statutes pertaining to wages, conditions of employment, or discrimination in employment, induding the Civil Rights Act of 1991, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (42 U.S.c. §12101), the Fair Labor Standards Act (29 U.S.c. §20I, et seq.), RCW 49.60 (the Washington Slate Law Against Discrimination), the Industrial Insurance Act (RCW 51.48.025), RCW 49.48 and 49.46 (wages/payment/collection), RCW 49.52 (wages/contributions/rebates), and any applicable contract, tort, or other common law theories.
Ms. Talton acknowledges that she has signed this Release of Claims only after full reflection and analysis, that she was advised she had the right to consult with independent counsel to receive advice with regard to the legal effect of this release, that she was notificd that she would be reimbursed by K&C, Inc. up to $ I SO to pay for the service of such attorney upon receipt by Stoe! Rives LLP of a billing statement from such attorney, and that she understands the significance and consequences of this Release of Claims, including tlle fact that it releases any potential claims she might have against K&C, Inc., Kevin Orrico, and Pacific Coast Restaurants. Ms. Talton also acknowledges that her signature on this Agreement is knowing and voluntary and has not heen given as a result of coercion.
~I"fpv~
ALISSA TALTON
EXHIBIT 1

Case 2:03-cv-02618-JCC Document 7 Filed 11/18/2003 Page 17 of 18
RELEASE OF CLAIMS
THIS RELEASE OF CLAIMS is agreed to by Jennifcr Clemctson ("Ms. Clemetson") as a condition of a Conscnt Deercc (the "Consent Decree") entered into between K&C, Inc. and the Equal Employment Opportunity Commission in the maller Equal Employment Opportunity Commission v. K&C, [nco d/b/a Newport liay Restaurant, Cause No. C03-2618C, filed in the United States District Court, Westem District of Washington, and specifically in exchange for K&C, [nco paying Ms. Clemetson Ten Thousand Dollars ($10,000), as set forth in paragraph II of the Conscnt Decrec. This payment represents paymcnt in full for all alleged damages claimed by Ms. Clemetson arising out of her employment with K&C, Inc. K&C, Inc. shall make no deductions from this payment, and Ms. Clcmetson agrees to indemnifY and hold K&C, Inc. harmless from any taxes, penalties, interest, liens, eosts or subrogations imposed and/or found and determined to be owing by any court or state or federal government agency as a result of her receipt of this paymcnt. K&C, Inc. shall make this payment by sending Ms. Clemetson a check via certified mail, no later than fourteen (14) business days after the date the Consent Decree is entered by the Court, with copies provided to EEOC.
Ms. Clemetson hereby releases and discharges K&C, Inc., Kevin Orrico, and Pacific Coast Rcstaurants from any and all claims, known or unknown, asserted or not, arising from, by reason of, or related to, her employment with K&C, Inc., or her resignation of that employment, through and including the date of the Consent Decree. This releasc includes, but is not limited to, any claim under any federal, state, or local law, or other authority, including claims arising lUldcr any federal or Washington statc statutes pertaining to wages, conditions of employment, or discrimination in employment, including the Civil Rights Act of J991, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (42 U.S.C. §12101), the Fair Labor Standards Act (29 U.S.C. §201, et seq.), RCW 49.60 (the Washington State Law Against Discrimination), the Industrial Insurance Act (RCW 51.48.025), RCW 49.48 and 49.46 (wages/payment/collection), RCW 49.52 (wages/contributions/rebates), and any applicable contract, tort, or other common law theories.
Ms. Clemetson acknowledges that she has signed this Release of Claims only after full reflection and analysis, that she was advised she had the right to consult with independent counsel to receive advice with regard to the legal effect of this release, that she was notit1ed that she would be reimbursed hy K&C, Inc. up to $150 to pay for the service of such aUomey upon receipt by Stoel Rives LLP of a billing statement from such attorney, and that she underSUmds the significance and consequcnces of this Release of Claims, including the fact that it releases any potential claims she might have against K&C, Inc., Kevin Orrico, and Pacific Coast Restaurants. Ms. Clernetson also acknowledges that her signature on this Agreement is knowing and voluntary and has not been given as a result of coercion.
EXHIBIT 2

Case 2:03-cv-02618-JCC Document 7 Filed 11/18/2003 Page 18 of 18

K&C, INC. d.b.a. NEWPORT BAY RESTAURANT
NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE

This notice has been posted pursuant to an Order of the Court, entered on

,

approving the Consent Decree entered in resolution of a lawsuit brought by the U.S.

Equal Employment Opportunity Commission ("EEOC") against K&C, Inc. d.b.a. Newport

Bay Restaurant ("K&C, Inc.") in the Federal District Court for the Western District of

Washington at Seattle. The Consent Decree resolves EEOC's claims of sexual

harassment brought against K&C, Inc. and enjoins the company from certain conduct

prohibited by law. K&C, Inc. denies the allegations of the EEOC and affirms its

commitment to compliance with laws against discrimination.

Federal law and the Consent Decree prohibit discrimination against any individual because of his or her sex, including sexual harassment.

Federal law also prohibits retaliation against any individual by an employer because the individual complains of discrimination, cooperates with any K&C, Inc. or government investigation of a charge of discrimination, participates as a witness or potential witness in any investigation or legal proceeding, or otherwise exercises his or her rights under law.

Any employee who is found to have retaliated against any other employee because such employee participated in this lawsuit will be subject to substantial discipline, up to and including immediate discharge.

Should you have any complaints of discrimination, including sexual harassment, you should contact Kevin Orrico, Howard Zoet, or Carla Westerfield for K&C, Inc. either in person or at the following numbers: 425-827-2722.

Employees also have the right to bring complaints of discrimination andlor harassment
to the U.S. Equal Employment Opportunity Commission, Seattle District Office at 909 15t Avenue, Suite 400, Seattle, WA 98104-1061,206-220-6883, 1-800-699-4000, or the Washington Human Rights Commission at 711 S. Capitol Way, Suite 402, Olympia, WA 98504-2490, 360/753-6770.

This notice shall remain prominently posted in the break room at K&C, Inc. until December 2008. This Official Notice shall not be altered, defaced, covered or obstructed by any other material.

EXHIBIT 3

 
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U.S. District Court WESTERN DISTRICT OF WASHINGTON (Seattle) CIVIL DOCKET FOR CASE #: 2:03-cv-02618-JCC

CLOSED

Equal Employment Opportunity Commission v. K & C Inc Assigned to: John C Coughenour Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 08/22/2003 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

V.
Defendant
K & C Inc doing business as Newport Bay Restaurant

represented by James M Shore STOEL RIVES LLP 600 UNIVERSITY ST STE 3600 SEATTLE, WA 98101-3197 206-624-0900 Fax: FAX 386-7500 Email: jmshore@stoel.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Molly Margaret Daily STOEL RIVES LLP 600 UNIVERSITY ST STE 3600 SEATTLE, WA 98101-3197 206-624-0900 Fax: FAX 386-7500 Email: mmdaily@stoel.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Date Filed 08/22/2003 09/02/2003 09/09/2003
09/09/2003 09/12/2003 09/25/2003 10/28/2003 11/18/2003

#

Docket Text

1 COMPLAINT and JURY TRIAL DEMANDED against defendant K & C Inc (Summons(es) issued) (Receipt # fee waived) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Cover letter)(PM, ) (Entered: 08/25/2003)

2 SERVICE OF SUMMONS and Complaint returned executed upon defendant K & C Inc on 8/28/2003. (LS, ) (Entered: 09/04/2003)

3 MINUTE ENTRY setting status conference:

The attorney who will be responsible for trying the case should attend the conference and be prepared to discuss the following matters at the conference: 1. The nature of the case, 2. The status of matters which are presently set before the Court, e.g., hearings, motions, etc., 3. The status of discovery and a time schedule for its completion, 4. A statement of any legal issues about which motions are contemplated and a possible briefing schedule, 5. An estimate of the number of days needed for trial, 6. Whether the case is jury or non-jury, 7. The date by which the case will be ready for trial, and 8. Settlement probabilities. Counsel for all parties are required to appear at the conference. If counsel office is outside of Seattle, arrangements can be made for telephonic participation in the conference. If counsel wish to make such arrangements, they should contact Julie Mahnke, Deputy Clerk at 206-553-4435. COUNSEL FOR THE PLAINTIFF IS DIRECTED TO NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED CONFERENCE. Status Conference set for 12/3/2003 09:00 AM before John C Coughenour. (JM,counsel) (Entered: 09/09/2003)
4 ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge John C Coughenour. (LS, ) (Entered: 09/10/2003)
5 ANSWER AND AFFIRMATIVE DEFENSES to Complaint by Defendant K & C Inc.(LS, ) (Entered: 09/18/2003)
6 CORPORATE DISCLOSURE PURSUANT TO FRCP 7.1 of K & C, INC. by Defendant K & C Inc. (LS, ) (Entered: 09/30/2003)
HEARING CONTINUED: Status Conference set for 12/3/2003 is rescheduled to 12/2/2003 09:00 AM before the Hon. John C Coughenour. (JM,counsel) (Entered: 10/28/2003)
7 Consent Decree and Order of Dismissal by Judge John C Coughenour. (LS, )Text Modified on 11/19/2003 (LS, ).This lawsuit if DISMISSED with prejudice and without costs or attorneys' fees to any party. (Entered: 11/19/2003)

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