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111111111111111111111111111111111111111111111111111111111111
111111111111111111111111111111111111111111111
C\ 01-05-126 ItOOOOOOlO

The Honorable Robert J Bryan
AUG 2 it 2GOl

9

10

UNITED STATES DISTRlCTCOURT

11

FOR THE WESTERN DISTRICT OF WASHINGTON

12

AT TACOMA

13

14 EQUAL EMPLOYMENT OPPORTUNITY COMMISSSION,
15

16

PlamtJff,

17 JULIE A. NEEDHAM

18

Intervenor Plamhff,

vs

19

TUALATIN VALLEY BUILDER'S 20 SUPPLY, INC.; TODD LAYTON; MARK 21 LEATHERS; NICK BLAYLOCK; MIKE
MAXWELL; MICHAEL D. HILLIER,

22
~ 23
.:1\ 24
"
25

Defendants

C<lseNo.._ CDl-5426RJB._ __
COMPLAINT IN INTERVENTION FOR SEX DISCRIMINATION AND RETALIATION IN VIOLATION OF TITLE VII AND RCW 49.60. et seq.
[JURY DEMAND]

26
COMPLAINT IN INTERVENTION FOR SEX DISCRIMINATION AND
RETALIATION - 1

Ann M DlInn, WSBA 27171 EmIly A Sheldnck, WSBA 26562
1014 Franklm St, SUlte 110 Vancouver, WA 98660
(36D) 737-6793

0

• •

I. PARTIES

2

1 1 Intervenor Juhe A Needham ("Needham") IS a female, and has been at all times

3 matenal to this Complamt, a resident of Vancouver, Washmgton m Clark County At all times

4 matenal to this actIOn, Needham was an employee ofTualatm Valley BUilder's Supply, Inc

5 ('TVBS") m Vancouver, Washmgton

6

1 2 TVBS IS an Oregon corporatIOn with a busmess locatIOn m Vancouver,

7 ashmgton at all times matenal to thiS Complamt TVBS employed at least 15 employees m

8 ancouver, Washmgton at all limes relevant to thiS Complamt TVBS has nme other busmess

9 ocatlOns m Washmgton, Oregon and Cahforma

10

I 3 TVBS has been an employer engaged m an mdustry affectmg commerce wlthm

11 he meanmg of 42 USC § 2000e-(b), (g), and (h)

12

14 Todd Layton IS a resident of Oregon At all times matenal to thiS action, Todd

13 ayton was a manager of TVBS m Vancouver, Washmgton

14

I 5 Nick Blaylock IS a resident of Washmgton At all limes matenal to thiS actIOn,

15 Ick Blaylock was a manager ofTVBS m Vancouver, Washmgton

16

I 6 Mark Leathers IS a resident of Washmgton At all limes matenal to thiS actIOn,

17 ark Leathers was a manager of TVBS m Vancouver, Washmgton

18

I 7 Mike Maxwell IS a resident of Oregon At all times matenal to thiS actIOn, Mike

19 axwell was Vice President and Human Resources Director for TVBS

20

I 8 Michael D Hllher IS a reSident of Oregon At all times matenal to thiS actIOn,

21 Ichael D Hilher was the president and an owner ofTVBS

22

II. JURISDICTION AND VENUE

23

22 ThiS actIOn anses under the Washmgton Law Agamst DlscnmmatlOn, RCW

24 49 60, et seq, and 42 USC § 2000e, et seq

25

23 ThiS court has federal questIOn jUnsdlCtlOn over the federal claims pursuant to 28

26
COMPLAINT IN INTERVENTION FOR SEX DISCRIMINATION AND RETALIATION - 2

Ann M Dunn, WSBA 27171 Emily to,. Sheldnck, WSBA 26562
1014 frankhn St, SU1te 110 VancoU\er, WA 98660 (360) 737-6793

• •

usc § 1331,28 USC § 1337,28 USC § 1343,42 USC § 1981a, and 42 USC § 1988

2

24 ThIS court has supplemental JunsdICtlOn over the state claIms based on 28 USC §

3 1367(a) because Needham's claIms anse from the same operatIve facts and mvolve sImIlar

4 Issues oflaw as Needham's federal claIms

5

25 Venue IS proper m the Western Dlstnct of Washmgton under 28 USC § 1391(b)

6 because defendant TVBS does busmess m the Western Dlstnct of Washmgton, Needham IS a

7 resIdent of the Western Dlstnct of Washmgton, and a substantIal part of the events or omISSIOns

8 glvmg nse to the claIms occurred m the Western Dlstnct of Washmgton

9

26 Needham timely filed a charge agamst defendants allegmg sex dlscnmmatlOn and

10 retalIatIon wIth the Equal Employment OpportunIty CommISSIOn The Equal Employment

11 Opportumty CommISSIOn filed SUIt on Needham's behalfm the U S Dlstnct Court, Western

12 Dlstnct of Washmgton

13

III. FACTS

14

3 I Needham began her employment wIth TVBS m July 1999 as a receptIomst/front

IS desk clerk at the TVBS Vancouver, Washmgton locatIOn

16

32 Todd Layton hIred Needham and supervIsed her daIly acllvltIes whIle she worked

17 as a receptlOmst/front desk clerk

18

33 On or about Apnl 2000, Needham was promoted to sales assIstant Mark

19 Leathers then became Needham's dIrect supervIsor and remamed her supervIsor untIl Needham's

20 employment WIth TVBS was tennmated

21

34 Throughout Needham's employment at TVBS, NIck Blaylock was the general

22 manager of the TVBS Vancouver, Washmgton locatIOn

23

35 As both a recepllomst/front desk clerk and sales assIstant, Needham perfonned

24 her Job satlsfactonly

25

36 Begmmng on Needham's first dayworkmg at TVBS and throughout her

26 COMPLAINT IN INTERVENTION FOR SEX DISCRIMINATION AND RETALIATION - 3

Ann M Dunn, WSBA 27171 Eml1y A Sheldnck, WSBA 26562
1014 Franklm St, SUlte 110 Vancomer, WA 98660 (360) 737-6793

• •

employment, Needham was subjected to, on a repeated and ongomg basIs, sexually hosllle,

2 mllmldatmg, and unwelcome comments and sexual advances by her male co-workers and

3 supervisors The conduct mcluded unwelcome touchmg and grabbmg

4

37 Needham repeatedly told her co-workers to stop thelf offensive conduct, but the

5 unwelcome behavIOr contmued This behavIOr subjected Needham to a sexually hosllie work

6 environment

7

38 Needham also repeatedly mformed her supervisors of the unwelcome behavIOr by

8 her co-workers Nevertheless, the behavIOr contmued

9

39

was also subjected to sexual advances and unwelcome sexual comments

10 by a vendor ofTVBS

11

3 10 Needham was also subjected to sexual advances by the president and owner of

12 TVBS, Michael Hillier

13

3 II Needham repeatedly complamed about the unwelcome comments and sexual

14 behavIOr from her male co-workers to her Immediate supervisor, Todd Layton Mr Layton also

15 observed and witnessed the sexually hosllie work environment Ms Needham was subjected to

16

3 12 Needham also complamed about the unwelcome comments and sexual behavIOr

17 from her male co-workers to Nick Blaylock, the TVBS Vancouver General Manager

18

3 13 Needham also complamed about the unwelcome comments and sexual behavIOr

19 of her male co-workers to the Vice PreSident and Human Resources Director, Mike Maxwell

20

3 14 Because of Needham's repeated complamts, TVBS and the mdlVldual defendants

21 were on notIce, or alternallvely should have known, about the sexually hosllie work

22 enVlfonment

23

3 15 Despite Needham's complamts about the misconduct of her co-workers and

24 supervisors, TVBS and the mdlVldual defendants refused andlor faIled to take prompt and

25 appropnate remedial actIOn to prevent a contmuatlOn of the sexually hostIle work environment

26 COMPLAINT IN INTERVENTION FOR SEX DISCRIMINATION AND RETALIATION - 4

Arm M Dunn, WSBA 27171 Emtly A Sheldnck, WSBA 26562
1014 Frankhn St, SUite 110 Vancouver, WA 98660 (360) 737 -6793

• •

3 16 By theIr refusal and/or faIlure to take prompt, appropnate remedIal actIon, TVBS

2 and the mdlvldual defendants, as agents ofTVBS and m theIr supervIsory capaCItIes, mahclOusly

3 and recklessly IllJured Needham These mJunes were mtentlOnally mfhcted

4

3 17 TVBS and the mdlvldual defendants Imphcltly or expressly condItIoned future

5 employment and employment benefits upon theIr dlscnmmatory and retalIatory mIsconduct

6

3 18 After Needham complamed about the sexually hostIle work envIronment and

7 retaliatlOn to Mr Maxwell, Mr Blaylock and Mr Leathers further retahated agamst her for

8 complammg by termmatmg her employment
9

10

IV. FIRST CLAIM

11

4 1 Needham realleges paragraphs 1 1 through 3 18 herem

12

42 The mdlvldual defendants and TVBS, actmg through Its agents on behalf of

13 TVBS m theIr officIal capaCIty, dlscnmlllated agaInst Needham on the baSIS of her sex, III wlliful

14 vIOlatIOn of TItle VII and RCW 49 60180, by creatmg a sexually hostIle work envIronment

15

43 Todd Layton, NIck Blaylock, Mark Leathers, Mike Maxwell and MIchael HIllIer,

16 actIng IndIVIdually and m theIr offiCIal capacItIes as agents ofTVBS, dlscnmmated agamst

17 Needham on the baSIS of her sex, m WIllful vIOlatIOn ofRCW 4960180, by creatIng a sexually

18 hostIle work envIronment

19

44 As a result of all defendants' unlawful actlOns, Needham has lost past and future

20 wages, benefits, and Illcome, lost future eammgs, expenses, and has suffered emotIOnal dIstress

21

45 As a result of Todd Layton, NIck Blaylock, Mark Leathers, MIke Maxwell and

22 MIchael HIllIer's unlawful actIOns, Needham has lost past and future wages, benefits, and

23 mcome, lost future earmngs, expenses, and has suffered emotIOnal dIstress

24

V. SECOND CLAIM

25

5 1 Needham realleges paragraphs 1 1 through 45 herem

26 COMPLAINT IN INTERVENTION FOR SEX DISCRIMINATION AND
RETALIATION - 5

Arm M Dunn, WSBA 27171 Emily A Sheldnck, WSBA 26562
1014 Frankhn St, SUite 110 Vancouver, WA 98660
(360) 737-6793

• •

5 2 TVBS, through theIr agents actmg m theIr officIal capacity on behalf of TVBS,

2 retahated agamst Needham, m WIllful VIOlatIOn of Title VII (42 USC § 2000e, et seq ), and RCW

3 chapter 49 60, et seq

4

5 3 Todd Layton, NIck Blaylock, Mark Leathers, MIke Maxwell and MIchael HIllIer,

5 actmg mdlvldually and m the mterest of TVBS, retahated agamst Needham, m WIllful VIOlatIOn

6 ofRCW 49 60, et seq

7

54 As a result ofTVBS's unlawful actIOns, Needham has lost back and future wages,

8 benefits, mcome, lost future earnmgs, expenses, and has suffered emotIOnal dIstress

9

5 5 As a result of Todd Layton, NIck Blaylock, Mark Leathers, MIke Maxwell and

10 MIchael HIllIer's unlawful actIOns, Needham has lost back and future wages, benefits, mcome,

11 lost future earnmgs, expenses, and has suffered emotIOnal dIstress

12

VII. REQUEST FOR RELIEF

13

7 I Needham demands rehef as follows

14

a Awardmg Needham the damages descnbed m the Complamt and for all

15 damages aVaIlable under RCW 49 60, et seq and 42 USC § 2000e et seq, mcludmg lost back

16 and future wages, emotIOnal dIstress damages, and punltlve damages

17

b Awardmg Needham double the amount of damages sustamed for lost wages

18 and benefits pursuant to RCW 49 52 070

19

c Awardmg Needham punItive damages m the hIghest amount authonzed by

20 law, pursuant to the ClVlI RIghts Act of 1992,42 USC § 1981(a)(1) and RCW 4960030

21

d Awardmg Needham prejudgment and postJudgment mterest on any award for

22 lost wages and benefits at the hIghest rate ofmterest penmtted by Washmgton law,

23

e Awardmg Needham her statutory costs and fees,

24

f Awardmg Needham her actual and reasonable attorney fees and htlgatIon

25 expenses under RCW 49 60 et seq, RCW 49 48 et seq, and RCW 49 52 et seq and 42 USC §

26
COMPLAINT IN INTERVENTION FOR SEX DISCRIMINATION AND
RETALIATION - 6

Ann M Dunn, WSBA 27171 Emily A Sheldnck, WSBA 26562
1014 Frankhn St, SUite 110 Vancouver, WA 98660 (360)737-6793

• •

2000e
2

g Awardmg Needham such other relief as this Court deems Just and eqUitable

3

VIII. JURY DEMAND

4

8 I PlamtJffrequests a JUry tnal on all questIOns of fact raised m her complalllt

5

6

7

8

Dated thls..L day of August, 2001

9

EMILY A SHELDRlCK

ARlNM DUNN 10

11

12

eld , WSBA 26562

13

, WSBA27171

Attorneys for Intervenor Julie A Needham

14

15

16

17

18

19

20

21

22

23

24

25

26 COMPLAlNT IN lNTERVENTION FOR SEX DISCRlMlNATION AND
RETALIATION - 7

Ann M Dunn, WSBA 27171 Emily A Sheldnck, WSBA 26562
1014 Frankhn St, SUlte 110 Vancouver, WA 98660
(360) 737-6793

• •

VERIFICATION

2 STATE OF WASHINGTON

)

) ss

3 COUNTY OF KING

)

4

5

The person who signed below affirmed that she IS the mtervenor m the above-entitled

6 cause, has read the foregomg complamt, knows the contents thereof, and belIeves the same to be

7 true

8

9

JU IE A NEEDHAM

10

11

SIGNED AND AFFIRMED to before me this ?~ \ day of ~, 2001, by Julie A

12 Needham

13 14

15 16

17

18
19 20

21 22
23
24

25
26
COMPLAINT IN INTERVENTION FOR SEX DISCRIMINATION AND RETALIATION - 8

Ann MDunn, WSBA27171 Emtly A Sheldnck, WSBA 26562
to 14 Franklin St, SUite 110
Vancouver, WA 98660
(360) 737-6793

--1 2

<:C Z

3

-<.!> 4

-0::: 5

0 6

The Honorable Robert J Bryan
- - - - f I L E O - - - - - - -__ >
- - -_ _ p.£CEi'itDlOIJiJtlJ : ,
AUG 2 4 2GM

7

8

9

10

UNITED STATES DISTRICT COURT

11

FOR THE WESTERN DISTRICT OF WASHINGTON

12

AT TACOMA

13 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
14

15

PlaIntIff,

16 JULIEA.NEEDHAM

17

Intervenor PlaIntIff,

vs

18

TUALATIN VALLEY BUILDER'S 19 SUPPLY, INC.; TODD LAYTON; MARK 20 LEATHERS; NICK BLAYLOCK; MIKE
MAXWELL; MICHAEL D. HILLIER,

21 Defendants
22

Case No COI-5426RJB DECLARATION OF MAILING

23

24

EmIly Sheldnck hereby certIfies that on August 22, 2001 I deposIted In the U SMaIl,

25 postage prepaid to the Clerk of the Court, Umted States Dlstnct Court Western DIstnct of

26 WashIngton, Umted States Courthouse, 1717 PacIfic Ave, Rm 3100, Tacoma, WashIngton

DECLARATION OF MAILING - I

Ann M Dunn, WSBA 27171 EmIly A Sheldnck, WSBA 26562
1014 Frankhn St, SUIte 110 Vancouver, WA 98660 (360) 737>6793

98402-3200 copies of Julie A Needham's Complamt m InterventIOn and Summons I also sent

2 copies of the Complamt m InterventIOn and Summons m the U S Mall postage prepaid to Ms

3 Nancy Maisano, representatIve for the plamtIff Equal Employment Opportunity Commission, at

4 the offices of the Equal Employment Opportumty ComnnsslOn, 909 First Avenue, SUite 400,

5 Seattle, Washmgton 98104 and to Joe Vance, attorney for Tualatm Valley BUilder's Supply, Inc,

6 m regular U S_ Mall, postage prepaid, to 1300 SW Fifth Avenue, SUite 2300, Portland, Oregon

7 97201-5682

8 I declare under penalty ofpel]ury under the laws of the Umted State that the foregomg IS true

9 and correct

10

DATED thls~ day of ~ 2001 at Vancouver, Washmgton

11

12 13

14 15 16
17 18 19 20
21

22
23 24
25
26

DECLARATION OF MAILING - 2

Ann M Dunn, WSBA 27171 Emtly A Sheldnck, WSBA 26562
1014 Franklm St, SU1te 110 Vancouver, WA 98660 (360) 737-6793

 
 •

I

DEC - 32001

2

OISiRICT COURT WASHINGiON Ai

3

THE HONORABLE ROBERT 1. BRYAN

4

5

ENTERED ON DOCKET

6

DEC - 42001

DEC - 4 2001

IGINAL

7

8

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WASHINGTON

9

AT TACOMA

10

EQUAL EMPLOYMENT OPPORTUNITY

)

11 COMMISSION,

) ) CIVIL ACTION NO. COI-5426RJB

12

Plaintiff,

) ) CONSENT DECREE AND ORDER

13 JULIE A. NEEDHAM,

) DISMISSING ACTION )

14

Intervenor Plaintiff

)

)

15

v.

)

)

16 TUALATIN VALLEY BUILDERS SUPPLY, )

INC., et. al

)

17

)

Defendants.

)

18

)

19 --------------------------)
INTRODUCTION

20 I. This action originated with a discrimination charge filed by Julie A. Needham with

21 the Equal Employment Opportunity Commission ("EEOC") alleging violations of Title VII ofthe

22
Civil Rights Act of 1964 (Title VII). A copy of the charge is attached hereto as Exhibit I.

23 2. The EEOC investigated this charge and issued an administrative determination on

24 June 5, 2001, finding reasonable cause to believe that Defendant, Tualatin Valley Builder's Supply,

25 Inc. ("TVBS" or "Defendant") had subjected Julie Needham to a hostile work environment based on

26 sexual harassment in violation of Title VII. Also, the Commission found that TVBS retaliated

27

co EQUAL EMPLOYMENT OPPORTUNITY

ISSION

Seattle 01 ct OffIce

Fede

CONSENT DECREE & ORDER - PAGE I

• •

1 against Ms. Needham in response to her complaints of harassment. A copy of the Letter of

2 Determination is attached hereto as Exhibit 2.

3

3. The EEOC subsequently filed this lawsuit on July 31, 2001, in the United States

4 District Court for the Western District of Washington at Tacoma. Plaintiff alleged, inter alia, that

5 TVBS violated Title VII when it subjected Julie Needham to a hostile work environment based on

6 sexual harassment and retaliated against her for her complaints of harassment.

7

4. In its Answer, Defendant denied the allegations of discrimination in the EEOC's

8 complaint, denied that it violated Title VII, denied that it subjected Julie Needham to a hostile work

9 environment based on sexual harassment, and denied that it retaliated against her.

10

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

11 complaint and the charge of discrimination filed with EEOC by Julie Needham. They enter this

12 Consent Decree to further the objectives ofequal employment as set forth in Title VII.

13

NONADMISSION OF LIABILITY AND

NONDETERMINATION BY THE COURT

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

15 shall not be construed as an admission by Defendant of a violation of Title VII.

16 JURISDICTION AND VENUE

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

18 and 1345. This action is authorized pursuant to Sections 706(f)(1) and (3) of Title VII of the Civil

19 Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(I) and (3), and Section 102 of the Civil

20 Rights Act of 1991, 42 U.S.C. § 1981a. The employment practices alleged to be unlawful in the

21 complaint filed herein occurred within the jurisdiction ofthe United States District Court for the

22

Western District of Washington at Tacoma.

23 SETTLEMENT SCOPE

24 8. This Consent Decree effectuates the full, final and complete resolution of all

25 allegations of unlawful employment practices encompassed by the complaint filed in this action and

26 the charge of discrimination filed with the EEOC by Julie Needham. The resolution of this action

27

CONSENT DECREE & ORDER - PAGE 2

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District OffIce FRderBl Office Building
909 First Avenue, Suite 400 Seattle, Washington 98104·1061
Telephone (206) 220-6683 Fax (206) 220-6911 TOD (206) 220-6862

• •

1 includes all claims by all parties for attorney fees and costs.

2

MONETARY RELmF

3

9. In settlement of this lawsuit, TVBS agrees to pay Julie Needham the sum of Thirty-

4 five Thousand Dollars ($ 35,000.00). Julie Needham will execute an original Release of Claims

5 which will be provided to her, through her counsel, by TVBS within 5 business days following the

6 Court's entry of this Consent Decree. TVBS agrees to mail a check to Ms. Needham, through her

7 counsel, in the above amount within 5 business days following receipt of the executed Release of

8 Claims. Along with the settlement checks, Defendant will issue an IRS Form 1099 to Ms. Needham

9 reflecting this payment.

10

It is understood that Ms. Needham will be responsible for any withholding, taxes, or

11 penalties on this amount. TVBS will send copies to the EEOC of the settlement check and Forms

12 1099 issued to Ms. Needham.

13

AFFIRMATIVE AND OTHER RELIEF

14

A. General Provisions

15

10. Defendant reaffirms its ongoing commitment to comply with Title VII. In

16 furtherance of this commitment, it will monitor the affirmative obligations of this Consent Decree.

17

11. Defendant will not retaliate against any person for making a charge of discrimination

18 or for testifying, assisting, or participating in any investigation, proceeding, or hearing associated

19 with this action.

20

B. Anti-Discrimination Policies and Procedures

21

12. TVBS has and shall continue to carry out anti-discrimination policies, procedures and

22 training for employees, supervisors and management personnel, to the extent not already established,

23 and will provide equal employment opportunities for all employees. Defendant will evaluate and

24 exercise reasonable care to prevent and correct promptly the practices of its managers and

25 supervisors in order to prevent discrimination in employment and retaliation. TVBS will exercise

26 reasonable care to insure that its managers and supervisors understand its Equal Employment

27 Opportunity (EEO) policies and how those policies define and identify what constitutes

CONSENT DECREE & ORDER - PAGE 3

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SeItH_ District Office Federal OffICe Building 909 First Avenue, Suile 400
Seattle, washington 98104-1001 TelephonB (206) 220-6883 Fax (206) 220-8911 TDD (206) 220-6882

•

1 discrimination and retaliation.

2

13. TVBS will post a Notice to Employees and a copy of its EEO policy at each job site

3 in which it operates business offices in the State of Washington.

4

C. Training

5

14. On an annual basis, during the pendency of this Consent Decree, Defendant, through

6 the assistance of outside sources, will develop and present to managers and supervisors a minimum

7 of six hours of training on employment issues, including topics specifically addressing sexual

8 harassment and retaliation. Upon request, the EEOC will be given an opportunity to review the

9 training materials.

10

15. TVBS will use its best efforts to obtain from each employee who attends the training

11 described in Paragraph 14, a completed and signed evaluation form following attendance at the

12 training. TVBS will notify the EEOC of the completion of the training and will specify the names

13 and job titles of the employees who participated in and completed the training. TVBS will also

14 provide copies of all signed, post-training evaluation forms as part of its semi-annual reports to the

15 EEOC.

16

D. Reporting

17

16. During the pendency of this Consent Decree, TVBS shall report in writing and in

18 affidavit form to the EEOC on a semi-annual basis, beginning six (6) months from the date the Court

19 enters this Consent Decree, and thereafter every six months for the duration of the Decree the

20 following information:

21

a. Certification of the completion of six hours of training annually, list of attendees and

22

copies of all training evaluation forms;

23

b. Certification that its EEO policy has been distributed to all current and newly hired

24

employees;

25

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

26

procedures which concern or affect the subject of discrimination based on sexual

27

harassment, religion and the subject of retaliation;

CONSENT DECREE & ORDER - PAGE 4

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District OffIce Federal Office Building 909 First Avenue, Suite 400
Seattle, washington 98104-1061 Telephone (206) 220~3 Fax (206) 22~911 TOO (206) 220-6882

• •

1

d. A surnmary of all written complaints of discrimination, if any, which have reached

2

TVBS's Human Resources Department management, whether filed internally or with

3

a governmental agency, concerning Defendant's business operations in the State of

4

Washington, and the resolution of each complaint; and,

5

e. A statement listing the other provisions of this Decree that Defendant is required to

6

perform and certifying that Defendant has complied with the terms of the Decree. If

7

the Defendant has not complied with any term of the Decree, the statement will

8

specify the areas of noncompliance, the reason for the noncompliance, and the steps

9

taken to bring the Defendant into compliance.

10

E. Personnel and other Records

11

17. Defendant will remove any information or references from Ms. Needham's and

12 personnel file or records maintained by TVBS regarding her charge of discrimination or this lawsuit.

13

ENFORCEMENT

14

18. If the EEOC determines that TVBS has not complied with the terms of this Decree,

15 the EEOC will provide written notification of the alleged breach to the Defendant. The EEOC will

16 not petition the Court for enforcement of the Decree for at least thirty (30) days after providing

17 written notification of the alleged breach. The 3D-day period following the written notice shall be

18 used by the parties for good faith efforts to resolve the dispute.

19

RETENTION OF JURISDICTION

20

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

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

22

DURATION AND TERMINATION

23

20. This Decree shall be in effect for three years beginning on the date the Court approves

24 and enters the Consent Decree. If the EEOC petitions the Court for breach of the Decree, and the

25 Court finds TVBS to be in violation of the terms of the Decree, the Court may extend the duration

26 of the Decree.

27

CONSENT DECREE & ORDER - PAGE 5

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle DIstrict OffIce Federal Office Building 909 First Avenue, Suite 400
Seattle, Washington 95104-1061 Telephone (206) 220-6883 Fax (206) 220-891 1 TOO (206) 220-6882

•

, ,

1

CONCLUSION

2

21. The parties are not bound by any provision of this Decree until it is signed by

3 authorized representatives of each party and entered by the Court.

4

DATED this 3O~dayof :1t.tV~().I.IL. ,2001.

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

GWENDOLYN YOUNG REAMS Associate General Counsel

8 EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

9

Seattle District Office 10 909 First Avenue, Suite 400
Seattle, Washington 98104 11 Telephone (206~ 220-6895

9

12 BAtYto:rtn2ey~ ~nt~lfj)

13

14 DAVIS, WRIGHT, TREMAINELLP

1300 SW Fifth Avenue, Suite 2300

15 Port an OR 97201-5682

Tele

-2300

16

BY:

17 Joseph Van

Attorney for

18

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

19

20

21

22

23

24

25

26

27

CONSENT DECREE & ORDER - PAGE 6

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District OffIce F~tlral OffICe Building 909 First Avenue, Suite 400
Seattle, washington 98104-1061 Telephone (ZOO) 220-6883 Fax (206) 220-8911 TOO (206) 220-6882

•

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ORDER APPROVING CONSENT DECREE AND DISMISSING ACTION

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

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

5 full settlement of this action. This lawsuit is hereby dismissed with prejudice and without costs or

6 attorneys' fees to any party. The Court retains jurisdiction of this matter solely for purposes of

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CONSENT DECREE & ORDER - PAGE 7

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle DIstrict Offtce Federal Office Building 909 First Avenue, Suite 400
Seattle, Washington 98104·1061 Telephone (206) 22~3 Fax (206) 220-6911 TOO (206) 220-6882

FEB-OB-Ol 17:05

1400

DISCRIMINATION

form l' affocteG by tho Prlvacy Act

Washington State Human Rights Comm

Statoor locuiAgency. ifiJJ!tJOI FE3 12 A 10:

.0..

r;c Mr.. Ms., lira.,

T-4B6 P.02/02 Job-592
CHARG' IIIUY.SER FHA
eeoc
and EEOC

CITY.

00 o D .ACE

D COLOR

[Xl SEX

D RELIGION

D NATIONAL ORICIN

RETALIATION DAGE

0 DISABILITy

OTHER ($,..<uy)

DATE Dr F.ARLIEST
07/19/1999

PI-ACE
07126/2000

THE rARTlcUL ....R3 ARE f1r Ildditiol"d !lpB.'U~ 1s nt:?~d~d. ,ut&CIl ~xr.r8 ~hl!et(sJ):
I was employed by Tualatin Valley Builders Supply for roughly one year, ending with my layoff in July 2000. I worked as a Receptlonlst and Sales Assistant at the Vancouver, Washington store location. Throughout the time I was employed I experienced sexual harassment from several co-workers and managers. These unwelcome actions included physical contact, spoken sexual remarks, and the direct request for sexual favors. I believe that these incidents of harassment were so frequent and pervasive that they created a clearly hostile environment for me and many other female employees.
I complained of this treatment to both my local managers and to Tualatin's Corporate management. Following my complaints, much of the harassment co~tinued. Additionally, I feel that I was then retaliated against by my employer through the imposition of different standards of job performance and behavior. I was eventually terminated as a "layoff'''. even though I believe that there was no justifiable reason f'or my terminatlon. These actions by the employer are violations of Title VII
of the Civil Rights Act of 1964, as amended.

I want tnis Charge 1ila~ with Dotn ~h8 EEOC and the State or

lOc:al Agencv. 1r any. l will adv in the ..g.nclo~ 1f l chango my f..:<:5::IS~~~~:!::'--;~~~~~t:'J;~~~==:-:---I

add ross or telephone nu.~.r and cooperata fully with them 1n tho

.,.,Of",n

a.nndd

that bdl,r.

I 48Gl~ro under pan~lty of p*rlury t~at tno foregoing is true
and correct.

SIGNATUR~ OF COMPLAINANT

SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE
'Mantb, day and y~ar} ;:t.- q..-.O ~
~A-o' "'-A.ul.~iU~
COOSENT DECREE & ORDER
EXHIBIT 1 PAGE 1 of 1

Ie

)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office

JUN - 5 2001

Federal Offace Building 909 First Ave., Suite 400 Seattle, WA 98104-1061
PH: (206) 220-6883 T.D.: (206) 220-6882 FAX: (206) 220-6911

Charge No. 380-AI-0527

Ms_ Julie Needham 10006 N E 81st Vancouver, WA 98682

Charging Party

Tualatin Valley Builders Supply P.O. Box 1138 Lake Oswego, OR 97035

Respondent

DETERMINATION
Under the authority vested in me by the Commission, I issue the following determination as to the merits of the subject charge filed under Title VII of the Civil Rights Act of 1964, as amended [Title VII].
All requirements for coverage have been met. Charging Party alleged that Respondent violated Title VII, discriminating against her because of her sex in the matters of a sexually hostile environment and specific acts of sexual harassment. Charging Party also alIeged that folIowing her protest of these conditions, the Respondent, in retaliation for her complaint, selected her for layoff from employment.
I have considered all the evidence disclosed during the investigation and have determined that there is reasonable cause to believe that Charging Party was discriminated against, as she alleged, in violation of Title VII. The Charging Party was employed by the Respondent for slightly over one year. During the course of her employment the Charging Party was repeatedly subjected to unwelcome actions and remarks of a sexual nature, because of her sex. Although Charging Party voiced complaints concerning harassment to coworkers, supervisors and managers for Respondent, the employer's response was ineffective in preventing or correcting the sexually hostile environment. Less than one month after Charging Party complained about the harassment, she was selected for layoff, in retaliation for having so complained.

CONSENT DECREE & ORDER EXHIBIT 2
PAGE 1 of 2

J
Upon finding that there is reason to believe that violations have occurred, the Commission attempts to eliminate the alleged unlawful practices by informal methods of conciliation. Therefore, the Commission now invites the parties to join with it in reaching a just resolution of this matter. The confidentiality provisions of Title VII and Commission Regulations apply to infonnation obtained during conciliation. If the Respondent declines to discuss settlement or when, for any other reason, a settlement acceptable to the office Director is not obtained, the Director will infonn the parties and advise them of the court enforcement alternatives available to aggrieved persons and the Commission. A Commission representative will contact each party in the near future to begin conciliation.
On Behalf ofthe Commission:
JUN - 5 2001
CONSENT DECREE & ORDER
EXHIBIT 2 PAGE 2 of 2

ec United States District Court
for the Western District of Washington
December 4, 2001
* * MAILING CERTIFICATE OF CLERK * *
Re: 3:01-cv-05426
True and correct copies of the attached were mailed by the clerk to the following:
A Luis Lucero Jr, Esq. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE STE 400 909 FIRST AVE SEATTLE, WA 98104-1061
Nancy Maisano, Esq. EEOC STE 400 909 1ST AVE SEATTLE, WA 98104 206-220-6889
Joseph Vance, Esq. DAVIS WRIGHT TREMAINE 2300 FIRST INTERSTATE TOWER 1300 SW 5TH AVE PORTLAND, OR 97201
Arin Matthew Dunn, Esq. STE 110 1014 FRANKLIN ST VANCOUVER, WA 98660 FAX 1-360-693-6606
Emily A Sheldrick, Esq. STE 110 1014 FRANKLIN ST VANCOUVER, WA 98660
RJB

 
 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 (Tacoma)
CIVIL DOCKET FOR CASE #: 3:01-cv-05426-RJB

EEOC v. Tualatin Valley Bld Assigned to: Hon. Robert J. Bryan Demand: $0 Cause: 28:451 Employment Discrimination Plaintiff Equal Employment Opportunity Commission
Intervenor Plaintiff Julie A Needham

Date Filed: 07/31/2001 Date Terminated: 12/04/2001 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
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
Nancy Maisano EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Arin Matthew Dunn DUNN & SHELDRICK 1014 FRANKLIN ST STE 110 VANCOUVER, WA 98660 360-737-6793 Email: arindunn@hotmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emily A Sheldrick

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WAWD CM/ECF Version 3.0.4 - Docket Report
V. Defendant Tualatin Valley Builder's Supply Inc
Intervenor Defendant Todd Layton Intervenor Defendant Mark Leathers Intervenor Defendant Nick Blaylock Intervenor Defendant Mike Maxwell Intervenor Defendant

https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?526059017140677-L_...
DUNN & SHELDRICK 1014 FRANKLIN ST STE 110 VANCOUVER, WA 98660 360-737-6793 Email: esheldrick@hotmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joseph Vance DAVIS WRIGHT TREMAINE (OR) 1300 SW 5TH AVE 2300 FIRST INTERSTATE TOWER PORTLAND, OR 97201 503-241-2300 Email: joevance@dwt.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joseph Vance (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joseph Vance (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joseph Vance (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joseph Vance (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Michael Hillier
Intervenor Defendant Tualatin Valley Builder's Supply Inc

represented by Joseph Vance (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joseph Vance (See above for address) ATTORNEY TO BE NOTICED

Date Filed 07/31/2001 08/01/2001 08/01/2001 08/01/2001 08/01/2001 08/01/2001
08/09/2001 08/09/2001 08/15/2001 08/17/2001
08/24/2001 10/01/2001 10/19/2001 10/19/2001

#

Docket Text

1 COMPLAINT - Jury Trial Demanded (Summons(es) issued) Receipt # waived (KM) (Entered: 08/01/2001)
2 MOTION by Julie Needham to intervene as of right under 42 USC Sec 2000e-5(f)(1) NOTED FOR 8/17/01 (CAR) (Entered: 08/02/2001)
3 MEMORANDUM by Julie A Needham in support of motion to intervene as of right under 42 USC Sec 2000e-5(f)(1) [2-1] (CAR) (Entered: 08/02/2001)
4 DECLARATION of Julie A. Needham in support of motion to intervene as of right under 42 USC Sec 2000e-5(f)(1) [2-1] (CAR) (Entered: 08/02/2001)
LODGED ORDER re: motion to intervene as of right under 42 USC Sec 2000e-5(f)(1) [2-1] (CAR) (Entered: 08/02/2001)
5 AFFIDAVIT OF SERVICE by Interested Party Julie A Needham of motion to intervene as of right under 42 USC Sec 2000e-5(f)(1) [2-1], of memorandum [3-1], of declaration [4-1], of order lodged [0-0] (CAR) (Entered: 08/02/2001)
6 MINUTE ORDER/NOTICE OF JOINT STATUS REPORT Joint Status Report due 10/24/01 (cc: counsel, Judge) (EC) (Entered: 08/09/2001)
7 MINUTE ORDER re: DISCOVERY and DEPOSITIONS by Judge Robert J. Bryan (cc: counsel, Judge) (EC) (Entered: 08/09/2001)
8 AFFIDAVIT OF SERVICE upon defendant Tualatin Valley Bld of summons/complaint on 8/1/01 (EC) (Entered: 08/15/2001)
9 ORDER by Judge Robert J. Bryan GRANTING Needham's motion to intervene as of right under 42 USC Sec 2000e-5(f)(1) [2-1] (cc: counsel, Judge) (EC) (Entered: 08/17/2001)
10 COMPLAINT: Intervention by intervenor-plaintiff (EC) (Entered: 08/24/2001)
11 ATTORNEY APPEARANCE for defendant, intervenor-defendant by Joseph Vance (EC) (Entered: 10/01/2001)
12 LETTER by plaintiff re: JSR order [6-1]and extending ddl to 11/26/01 (EC) (Entered: 10/19/2001)
13 ANSWER to EEOC's complaint [1-1] by defendant (EC) (Entered: 10/19/2001)

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10/19/2001 11/27/2001 12/03/2001 12/04/2001 12/06/2001 12/07/2001

14 ANSWER to Intervenor's complaint [10-1] by defendant (EC) (Entered: 10/19/2001)
15 LETTER by plaintiff re settlement and not filing JSR (EC) (Entered: 11/27/2001)
PROPOSED Consent Decree and Order Dismissing Action (EC) (Entered: 12/03/2001)
16 CONSENT DECREE by Judge Robert J. Bryan CASE TERMED (cc: counsel, Judge, Jgm. Book) Entered on: 12/4/01 (EC) (Entered: 12/04/2001)
PROPOSED stipulation & order of dismissal of action (JAB) (Entered: 12/06/2001)
17 STIPULATION and ORDER of dismissal w/prejudice and w/o costs by Judge Robert J. Bryan: CASE TERMED (cc: counsel, Judge) (EC) (Entered: 12/10/2001)

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