1 A. LUIS LUCERO, 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 TEL: (206) 220-6916 teri.healy@eeoc.gov
5 ATTORNEYS FOR PLAINTIFF
6

7

8

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WASHINGTON

9

AT SEATTLE

10 EQUAL EMPLOYMENT OPPORTUNITY
11 COMMISSION,

12

Plaintiff,

13

v.

14 HUNTLEIGH USA CORP.,
15 Defendant.
16

) ) ) CIVIL ACTION NO. ) ) COMPLAINT ) ) JURY TRIAL DEMAND ) ) ) ) )

17 NATURE OF THE ACTION
18 This is an action under Title I of the Americans with Disabilities Act of 1990 and Title I
19 of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of
20 disability and to provide appropriate relief to Thomas Martin, who was adversely affected by
21 such practices. The Equal Employment Opportunity Commission alleges that Huntleigh USA
22 Corp.(“defendant”), discriminated against Mr. Martin, a qualified individual with a disability,
23 when it failed to provide a reasonable accommodation to him and then terminated him because of
24 his disability.
25

26 27 28 Complaint Page 1

E Q U A L E M PL O YM E NT O P PO R TU N IT Y C O M M IS S IO N
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

JURISDICTION AND VENUE

2

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

3 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of

4 the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which

5 incorporates by reference Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of

6 1964, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title VII"), and pursuant to Section 102 of the

7 Civil Rights Act of 1991, 42 U.S.C. § 1981a.

8

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

9 jurisdiction of the United States District Court for the Western District of Washington at

10 Seattle.

11

PARTIES

12

3. Plaintiff, the Equal Employment Opportunity Commission (the

13 "Commission"), is the agency of the United States of America charged with the

14 administration, interpretation and enforcement of Title I of the ADA and is expressly

15 authorized to bring this action by Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which

16 incorporates by reference Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. 2000e-5(f)(1).

17

4. At all relevant times, defendant Huntleigh USA Corp. has continuously been

18 doing business in the State of Washington and has continuously had at least 15 employees.

19

5. At all relevant times, defendant has continuously been an employer engaged

20 in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C.§ 12111(5),

21 and Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference

22 Sections 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h).

23

6. At all relevant times, defendant has been a covered entity under Section

24 101(2) of the ADA, 42 U.S.C. § 12111(2).

25

26

27

28

Complaint Page 2

E Q U A L E M PL O YM E NT O P PO R TU N IT Y C O M M IS S IO N
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

STATEMENT OF CLAIMS

2

7. More than thirty days prior to the institution of this lawsuit, Thomas Martin

3 filed a charge with the Commission alleging violations of Title I of the ADA by defendant.

4 All conditions precedent to the institution of this lawsuit have been fulfilled.

5

8. Since at least August 2002, defendant has engaged in unlawful employment

6 practices at its Seattle-Tacoma Airport Facilities, in violation of Sections 102(a) of Title I of

7 the ADA, 42 U.S.C. § 12112(a). Thomas Martin is disabled under the ADA in that he has a

8 traumatic brain injury. The defendant discriminated against Mr. Martin, a qualified

9 individual with a disability, when it when it failed to provide a reasonable accommodation

10 to him and then terminated him because of his disability in violation of Sections 102(a) of

11 the ADA.

12

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

13 deprive Mr. Martin of equal employment opportunities and otherwise adversely affect his

14 status as an employee, because of his disability.

15

10. The unlawful employment practices complained of in paragraph 8 above

16 were and are intentional.

17

PRAYER FOR RELIEF

18

Wherefore, the Commission respectfully requests that this Court:

19

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

20 successors, assigns, and all persons in active concert or participation with it, from unlaw-

21 fully failing to provide equal employment opportunities to employees with disabilities and to

22 accommodate employees’ disabilities, and any other employment practice which

23 discriminates on the basis of disability.

24

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

25

26

27

28

Complaint Page 3

E Q U A L E M PL O YM E NT O P PO R TU N IT Y C O M M IS S IO N
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 which provide equal employment opportunities for qualified individuals with disabilities,

2 and which eradicate the effects of its past and present unlawful employment practices.

3

C. Order defendant to make whole Thomas Martin by providing appropriate

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

5 affirmative relief necessary to eradicate the effects of its unlawful employment practices.

6

D. Order defendant to make whole Thomas Martin by providing compensation

7 for past and future pecuniary losses resulting from the unlawful employment practices

8 described in paragraph 8 above, including past and future out-of-pocket losses, in amounts

9 to be determined at trial.

10

E. Order defendant to make whole Thomas Martin by providing compensation

11 for past and future non-pecuniary losses resulting from the unlawful practices complained of

12 in paragraph 8 above, including emotional pain, suffering, inconvenience, loss of enjoyment

13 of life, and humiliation, in amounts to be determined at trial.

14

F. Order defendant to pay Thomas Martin punitive damages for its malicious

15 and reckless conduct, as described in paragraph 8 above in amounts to be determined at trial.

16

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

17 public interest.

18

H. Award the Commission its costs of this action.

19 //

20 //

21 //

22 //

23 //

24

25

26

27

28

Complaint Page 4

E Q U A L E M PL O YM E NT O P PO R TU N IT Y C O M M IS S IO N
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

JURY TRIAL DEMAND

2

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

3

DATED this 28th day of September , 2004.

4

5

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

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

9 TERI HEALY Trial Attorney
10

GWENDOLYN Y. REAMS Associate General Counsel

11 BY:

/S/

EQUAL EMPLOYMENT OPPORTUNITY

12 COMMISSION

13 Seattle District Office 909 First Avenue, Suite 400
14 Seattle, Washington 98104 Telephone (206) 220-6916
15 teri.healy@eeoc.gov
16

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

17

18

19

20

21

22

23

24

25

26

27

28

Complaint Page 5

E Q U A L E M PL O YM E NT O P PO R TU N IT Y C O M M IS S IO N
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 2:04-cv-02045-MJP Document 11 Filed 06/09/2005 Page 1 of 8

1

2

-_rILED LOOGfD

3

JUII 1 32005

4

5

llonomble Marsha 1. Pcchman
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIII
11111111111111111111111111111111111
04-CV-02f145-0RJ)

6

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WASHINGTON

7

AT SEATTLE

8

EQUAL EMPLOYMENT OPPORTUNITY

)

9 COMMISSION,

)

)

CIVIL ACTION NO. CV04-2045

10

)

Plaintiff,

)

11

)

v.

)

12

)

CONSENT DECREE

)

AND [Proposed] ORDER OF

13 HUNTLEIGH USA CORP.,

)

DISMISSAL

)

14

DefendallL

)

)

15

I. INTRODUCTION

16

1. This action originated with a charge of discrimination tiled by Thomas Martin with the

17

Equal Employment Opportunity CommissiOll ("bEOe"), alleging ....iolations of Title J of the

19

Americans with Disabilities Act of 1990 and Title J of the Civil Rights Act of 1991 ("ADA'!),

19

2. The EEOC investigated this charge and issued a Determination on April 7,2004j

20

finding reasonable cause to helieve that Htmtleigh USA (Huntlcigh or Defendant) dificriminated

21

against Thomas Martin, a qualitied individual with a disability, when it failed to provide a

22

reasonable accommodation to him and then. terminated him beCallNC of his disabili1:y.

23 3. The hEOC filed thi~ lawsuit in the United States District Court for the Western

24

District ofWaf>ihingion on October 3, 2004. EEOC alleges that Huntleigh violated the ADA by

25

CONSENT DECREE - PAGE 1

II .~. F.QI1AI. F.M ~L()YMI!NT UI'I'O/t·!U",j'I'y (;OMJo!U~l(1'" ~"'''l<: lJuul" Off".
~II'! 1·1", ,0"",,,,," ~"". ;"1
~","I,·.W,"h",.~"" '1$1114·11'(,1
T"'''rh,,,,,·· pnnl l20·M1I.1
F.",,,mil,, (2fi(I) 220 ~"I
·rIlU. (:!\or<J.!"'(,i'~

Case 2:04-cv-Q2045-MJP Document 11 Filed 06/09/2005 Page 2 of 8

1 subjecting Mr. Martin to unlawful discriminatory practices,

2

4. The Commission and Iluntieigh want to fully and finally conclude all cliums arising

3 out of the above ch..rge without lhe expendiiLlfc of further resources and expenses 'in contested

4 litigation. They agree that entry of this Cons.ent Decree will be in the interest of the parties and

5 will futher the objectives of the anti-discrimination provisions under the ADA.

6

II. JURlSDICTION AND VENUE

7

5. Jurisdiction ot'this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343

8 and 1345. This action is authorized and instituted -pursuant to Section 107(a) of the Americans

9 with Disabilities Act of 1990 ("ADA"), 42 U.S.c. § 12117(a), which incOlporates by reference

10 Section 706(1)(1) and (3) of Title VII ufthe eiv,1 Rights Act ofl964, 42 U.S.C. § 2000e-5(1)(1)

11 and (3) ("Title VU"), and pursuant to Section 102 of the Civil Rights Act of 1991,42 U.S.C. §

] 2 1981 a. The employment practices alleged to be lwlawful were committed within t.he jurisdiction

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

14 III. NON-ADMISSION OF LIABILITY

1 5

6. This COm;enl Decree is not an adj udication or finding on the merits of this case and

16 shall [lot be construed as an admission by Huntleigh of a vi()latioll ufthe ADA.

17 IV. PURPOSE OF THE AGREEMENT

18

7. The parties have entered into this Consent Decree in order to achieve the following

19 purposes:

20

a. To assure (he implementation ofpolicics and procedures which prohibit

21

111Ultlelgh from discriminating and retaliating against employees because nftheir

22

disability. Hunt]eigh also agrees not to retaliate against any employee who

23

complains ahOllt di~crimination or participat~ in the investigation CJf a complaint.

24

b, To assure that IIwnlcigh implements and promotes an anti-discrimination

25

policy and complaint procedure to cITcctivcly prevent disability discrimination

CONSENT DECREE - PAGE :2

~,-~. J'JQ'U U

(Ti,,,,e, Ej\fl'T,(lYMENT orr01l-1'T"'ITY COtd:IoII!;STON

BUT<I.

OU"',

~II'! 1·1"" ~"""'" ,,," 4<!)
:;"""',w""'''W'''' '1,,1"14-1%1
Td,'~"''''('" (:l.Oo<) Im.M~l
I'",imu., (10G\ 2JO ~QlI

"1"1)1) (2",) l.W '"~

Case 2:04-cv-02045-MJP Document 11 Filed 06/09/2005 Page 3 of 6

and to address and correct such alleged disability discrimination.

2

c. To Msure that Thomas Martin is compensated tor alleged losses sutfered in

3

connection with his employment by I-Iuntleigh.

4

d. To avoid time! expens.e and unceTtainly offurlher litigation.

5

V. GENERAL PROVISIONS

6

9, This Consent Uet,'Tee is intended to and does effectuate the full, final, and complete

7 resolution of all allegations ofun lawful employment practices and discrimination f:ncompassed

8 by the original discrimination charge and the Complaint filed in EEOC v.lluntleigh USA Corp,.

9 Civil No. CV 04-2045.

10. This Cunsent Decree constitutes the complete understanding between the EEOC and

11 Huntleigh with respect to mattef8 herein, It is expressly agreed that if EEOC concludes that

12 lluntleigh has failed to comply with this Consent Decree, the Commission may bring an action in

13 thc United States District Court for the Western Dislricl of Washington to enforce the Conscnl

14 Decree as pTOvided in paragraph 21 below.

15

VL MONETARY RliLlEF

16

11. l-Iuntleigh agrees to pay Thomas Martin $25,000.00, representing all monctary

17 damages and costs sought through the EEOC's complainl and Mr. Marlin accepls said amount in

18 full resolution of all claims made in the Complaint.\

19

VII. INJUNCTIVE RELIEF

2 A. Compliance with the ADA

21

12. Huntleigh reaffirms its ~ommitment to comply with tile ADA and other federal anti-

22 di!;crimination !;tatutes. In furtheram::e of the commitment, Huntleigh will comply with the
23 affinnativc obligations of this Consent Decree. Huntleigh agrees that it will not discriminate

24

25

J Of'tlle lotal amount $ t 0,000.00 r"pn""n(, cnmp~n~!lLi\.ln r"f Mr. Martin's back pay and $15,000,00
rep1esellts emo\iunlll dilitTl:S~ damages,

CONSENT DECREE· Page 3

t',~,IlQUAJ.lIM;PLorMJ,;N'l' OI'.I'OIl'rUNI'!'r COMMiSSION
5•• ,,10 lJ.,"'<1 Uff"~
'X1ll'"" A,..,,,u,',.'rurrc'''''
$"tTIo, WWlin!'Wl' "WI-! IQ"1
wi""""", Itl>;) 1111 ~~i~
1'"".,"d"'I~I~!~!ll
Tnn· (11'16) Y.ln·<1M!

Case 2:04-cv-02045-MJP Document 11 Filed 06/09/2005 Page 4 of 8

1 against any employees because ofthcir disability in any employment decision.

2

13. Huntleigh will not retaliate against any empluyee for ma.king a charge of

3 discrimination or 10r testifying, assisting, or participating in any investigation, pro(:eeding, (If

4 hearing associated with this. lawsuit.

5

14. In recognition of its obligations under the ADA, IlWltleigh will institute the policies

6 and pmctice~ set forth below_

7 B. Policy Against Discrimination

8

15. Huntleigh, at its Sea-Tac facility, shall carry out anti-discrimination policies,

9 procedures, and training fOT employees, supeTVisoTS, and management personnel, to the extent not

10 already established, and will provide equal employment opportunities for all employee.'i-.

11 Huntlcigh will work with its managcrs and supervisors in order to prevent discrimination in

12 employment under the ADA, and to ensure that its managers and supervisors understand its

13 Equal Employment Opportunity policies and how those policies define and identify what

14 constitutes disability discrimination. A written copy of Iluntleigh EEO policy has heen

15 distributed to all present employees and wilt be distributed to all future employees.

16 C. Training

17

16. lluntleigh will develop and present to its managers and supervisors at the Sea-Tac

18 airport facility a minimulll of one (1) hour of ADA training each year during thc duration of this

19 Consent Decree. The cost of the training shall be borne by the company. Huntleigh will advise

20 the Commission of the person who will conduct the training.

21

17. The training will focus on conducting individualized assessments of employees with

22 disabilities and handling requests tor reasonable accommodation. The ftrst training shall take

23 place within in s.ixty (60) days after entry of this Consent Uecree_

24

18. Huntleigh will retain a record of the training programs, induding dates held and

25 persons who attend. A copy of these records of lraining rnateriab shall be submith::d lo the

CONSENT DEGREE - POlge 4

u.s. liQIf J\L FMPU'YMl':NT OPPORTIJNlT'I" t:OMM.SS.ON
Scott,", D;.,'-;d Off"c
om T">' A'~"\'", ~,." 4(fI s.,~. W"hi"f""o P~'~~ t%.
'J.t,phoo.. (~) ~~ (,~l
1',,,,,,,,;1,, illl~) lll~(>'!1 I
TIm, :"lll\) 2:!1,~~~

Case 2:04-cv-02045-MJP Document 11 Filed 0610912005 Paga 5 of 8

EEOC in accordance with section D below.

2 D. Reportin.g

3

19. One year following the entry of this decree and for two years thcrcatlcr, lluntlcigh

4 will report to he EEOC Seattle District Office. The repmt will contain the following

5 information:

6

a. Certitication of the cOJllpletion of the minimum one (1) hom ()ftraining conducted

7 each year tor the duration of this Consent Decree, with a list ofattendees, as provided in

8 paragraph 18.

9

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

IO employees~

11

c. A list of any changes, moditicatiom, revocations or revisions to its EED policies and

12 pmcedures which cnm:em or affect the subjects of discriminatinl1 based on disability and

13 reasonable accommodation; and

14

d. A summary ()f all complaints of disability based discrimination, if any, which have

15 been lodged by any applicant or currcnt or fonncr cmployce at the Huntlcigh Sea-Tac facility

16 intcrnally~ through a grievance syslem, or with any governmental agency, concerning

17 employment practices, and the re~mlution of each complaint.

18 E. Records

19

20. HlUltieigh will remove any information related to Thomas Martin's tennination,

20 discrimination charge or lawsuit in his personnel file and will not add any information or

21 references regarding any charge of discrimination or this lawsuit to Mr. Martin's p(~rsonncl File.

22 F. Posting of Notice

23

21. Within sixty (60) days after entry of this Consent Decree, Huntleigh will post a copy

24 of the Notice of Settlement (All..1.chmcnt 1) in an area at Sea-TaG Airport and Huntleigh's office

25 on International Boulevard where the Defendant posts infonnation on employment policies and

CONSENT DECREE - Page 5

()_S_~QuAL IlMi"LO~MIlN'( u~pOil'nJN,'rY (;UMM1SSION
""'1'"" A.. noo. 5.;0; 4110
5'010;1,_ Ilk"",<,""" \I\IHI 10~1
',',1'1'"'''' .;z!Y..) ~II ~~i!
1',,·';mH,·,(;rr,;)]~\-",,11
ron, (l<~I.) ~~ M!1

Case 2:04-cv-02045-MJP Document 11 Filed 06/09/2005 Page 6 of 8

1 other pertinent employee infonnation, and will maintain this posting for the duration of the

2 Consent Decree.

3

VII. ENFORCEMENT

4

23. If the EEOC concludes that Huntleigh has breached this agreement, it may bring Wl

5 action in the United States District Cowt of the Western District of Washington to enforce this

6 Consent Decree. Before bringing an action for breach of the decree, the EEOC shall first give

7 Huntlcigh thirty (30) days notice of the perceived breach. The EEOC and Huntleigh shall usc

8 that 30-day period tor good. faith efforts to resolve the matter.

9

IX. RETENTION OF JURISDICTION

10

24. The United Staies District Court ofthe Western District of Washington shall retain

11 jurisdiction over this matler fur the duration of the Consent Decree.

12

X. DURATION AND TERMINATION

13

25. This decree shall be in effect three (3) years, conunencingwith the datillhe decree is

14 filed. If the EEOC petitions the court for breach of agreement, and the court finds Huntleigh to

15 be in violation of the tenns of the Consent Decree, the Court may extend iliis Consent Decree for

16 a reasonable period of time.

l7

18

19

20

21

22

23

24 /I

25 /I

CONSENT DECREE - Page 6

IU" f;;QlIA1. F.MP1.(n'M liNT tJI'I'Olll'UNI'I:1:' COMMISSION

So"uk I)I"~,, Oilk.

om_ 'lM lQ ... """"' ••,,,",

;'''I''~.\I:'...""",,," 'JRlo14-lllI,'

r"'"J 'I ~"r'<"'··

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l',""in,"" [lll~) 21(1 mil

'II)!), (.!i...~,.t:!~ I.i!*~

Case 2:04-cv-02045-MJP Document 11 Filed 06/09/2005 Page 7 of 8

XL CONCLUSION

2

26. The provisions of this Consent DC(:Tee are nnt binding un the parties unil and

3 authorized representative of each party signs and the CQurt enters the Consent Decree. The

4 forgoing terms and conditions arc agreed upon and stipulated to the _8th___ day of

5 JU"o.___, 2005

ERIC S. DRIEBAND General Counsel
JAMES L. LEE Deputy General Coun~el
GWENDOLYN YOUNG RMMS Associate General Counsel

BY; sf A. Luis Lucero. .Jr_

14 EQUAL EMPLOYMENT OPPORTUNITY

EQUAL EMPLOYMENT

COMMISSION 15 Seattle District Office

OPPORTUNITY COMMiSSION Office of the General Counsel

909 First Avenue, Suite 400

1801 "U StreetNW

16 Seattle, Washington 98104

Washington, D,C. 2051)7

Telephone (206) 220-6916

17

Attorneys for Plaintiff EEOC

18

19 BY: .V.lohn B. Renick John B. Renick
20 MCMAHON BERGER HANNA LINIHAM CODY & MCCARTHY 2730 North Ballas Road, Suile 200
21 Post Ofttcc Box 31901 Saint Louis, Missouri 63131-3039
22

23

Attorneys for Defendant

24

25

CONSENT DECREE - Page 7

u.s. F.QU AL F.M 1'!.()V),iI::Nr OPPUR'!'J.NI'I'V l.:OMMliSION
i.~tL" 1l1...I<" oreloo
1,"'1 'II)~ 1'0.., ,~v,'n"" SII;" 111(1
~,o<~.. '\\.-",11101\1'" ~il01
Toloi,I",,,. (""'i ZZl~Mll!:! F".;m;I" (1no: lO,n,"!11 ml)' pn,) 01n ,~I<?

Case 2:04-cv-02045-MJP Document 11 Filed 0610912005 Page 8 of 8

OlU)ER APPROVING CONSENT DECREE AND DISMISSING ACTION
2 The Court having l:on~idered the filregoing stipulated agreement ufthe parties, HHREHY
3 ORDERS THAT the foregoing settlement agreement is approved as the fInal decre.c of this Court
4 in full settlement action. This lawsuit is hereby dismissed with prejudice and without cOst OT
5 attorneys' fces lo any party. The Court retains jurisdiction of this matter solely for purposes of
6 enforcing the Consent Decree appr herein.
7
DATED this ... __."1,3,,,,--_

9 10 II 12 13 14 15 16 17 18 19
20
21 22 23 24 25
CONSENT DECREE - Page 8

UNITED STATES DISTRICT JUDGE
\J .1. JrQUAJ... I!MI1'L()YMIINT Dl'l'URT11NTTY COMMT~$TnN ~.."I, T>i"ri" Olfo:. <1(", Ii", A"",.. ~""" .,,'
M,,~,. W"hII,!,(,,,' 'Il!IIIHI'(,1 'J"'k!~h'"'" «1)(') ~ll .. (,ij~l I'""j",;!" (?III; l20..1'111
TOn. ",","1 no Me?

Case 2:04-cv-02045-MJP Document 11 Filed 06109/2005 Page 1 of 1

NOTICE TO EMPLOYEES

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 HUNTLEIGH USA CORP. IN THE WESTERN
DISTRICT OF WASHINGTON. THE CONSENT DECREE RESOLVES EEOC's CLAIMS OF DISABILITY DISCRIMINATION AGAINST HUNTLEIGH USA CORP. AND ENJOINS THE COMPANY FROM CONDUCT PROHIBliED BY LAW. HUNTLEIGH USA. CORP. AFFIRMS ITS COMMITMENT TO COMPLIANCE WITH l-.,AWS PROHIBITING CHSASILITY DISCRIMINATION.

FEDERAL LAW ALSO PROHIBITS RETALIATION AGAINST ANY INDIVIDUAL. BY AN EMPLOYER BECAUSE THE INDIVIDUAL COMPLAINS OF DISCRIMINATION" COOPERATES WITH ANY HUNTLEIGH USA CORP. OR GOVERNMENT INVESTIGATiON OF' A CHARGE OF DISCRIMINATION, PARTICIPATES AS A WI'TNESS OR P()TENTIAL WITNESS IN ANY INVESTIGATION OR LEGAL PROCEEDING, OR O'THE:RWISE EXERCISES HIS ORHEH RIGHTS UNDER. THE l,AW.

ANY EMPLOYEE WHO IS FOUND TO HAVE RETALlATED AGAINST ANY OTHER EMPLOYEE BECAUSE SUCH EMPLOYEE PAR'TICIPA'TED IN 'tHIS LAWSUJl' WILL BE SUBJEC'TTO SUBSTANTIAL DISCIPLINE.

SHOULD YOU HAVE ANY COMPLAIN'TS OF DISABILITY DISCRIMINATION, YOU SHOULD CONTACT HUMAN RESOURCES AT _ __

EMPLOYEES ALSO HAVE THE RIGHT TO BRING COMPLAINTS OF DISCRIMINATION OR

u.s. HARASSMENT TO THE

EQUAL EMPLOYMEN'T OPPORTUNITY COMMISSION,

SEATTLE DISTRICT OFFICE AT 909 1ST AVENUE, SUITE 400, SEATTLE, WA 98t 04-

1061,206.220,6883, 1aOO.669.4000, OR 'THE WASHING'TON STATE HUMA.N

RIGHTS COMMISSION AT 71 f S. CAPITOL WAY, SUITE 402, OLYMPIA, WA 98504-

2490,360.753.6770.

THIS NoTICE' SHAL.L REMAIN PROMINENTLY POSTED AT HUNTLEIGH USA CORP. SEA-lAC F.ACILITY UNTIL JUL.Y 2008. THIS OFFICIAL. NOTIC~ SHALL. NOT BE AL TE,RED, DEF'ACED~ COVERED OR OB~JTRUCTED

BY ANY OTHER MATERIAL.

 
 WAWD CM/ECF Version 3.0.4 - Docket Report

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CLOSED
U.S. District Court United States District Court for the Western District of Washington (Seattle)
CIVIL DOCKET FOR CASE #: 2:04-cv-02045-MJP

Equal Employment Opportunity Commission v. Huntleigh USA Corp Assigned to: Hon. Marsha J. Pechman Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/29/2004 Date Terminated: 06/13/2005 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

Teri L Healy EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Fax: FAX 220-6911 Email: teri.healy@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Huntleigh USA Corp

represented by Burton D Garland, Jr MEAD & ALLEN 4509 INTERLAKE AVE N STE 205 SEATTLE, WA 98103 314-567-7350 Email: garland@mcmahonberger.com

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LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Ryan Ebel SCHWABE WILLIAMSON & WYATT (SEA) 1420 5TH AVE STE 3010 SEATTLE, WA 98101-2339 206-407-1525 Email: debel@schwabe.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
John B Renick MCMAHON BERGER 2730 N BALLAS RD STE 200 ST LOUIS, MO 63131 314-567-7350 Email: renick@mcmahonberger.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/2004
10/12/2004 11/01/2004 11/15/2004 11/15/2004 11/15/2004

#

Docket Text

1 COMPLAINT and JURY TRIAL DEMAND against defendant Huntleigh USA Corp (Summons(es) issued) (Receipt # fee waived) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Summons)(PM, ) Additional attachment(s) added on 10/4/2004 (PM, ). (Entered: 10/03/2004)
2 SERVICE OF SUMMONS and Complaint returned executed upon defendant Huntleigh USA Corp on 10/7/2004 (MD, ) (Entered: 10/14/2004)
3 ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 12/13/2004; by Judge Marsha J. Pechman. (RG, ) (Entered: 11/01/2004)
4 APPLICATION by Defendant Huntleigh USA Corp AND ORDER admitting John B Renick for Huntleigh USA Corp pro hac vice. Receipt # 318553. (MD, ) (Entered: 11/15/2004)
5 APPLICATION by Defendant Huntleigh USA Corp AND ORDER admitting Burton D Garland, Jr for Huntleigh USA Corp pro hac vice. Receipt # 318554. (MD, ) (Entered: 11/15/2004)
6 ANSWER to Complaint by Huntleigh USA Corp.(Ebel, David) (Entered: 11/15/2004)

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11/15/2004 12/06/2004 12/17/2004 12/28/2004
06/06/2005 06/09/2005 06/13/2005

7 CERTIFICATE OF SERVICE by Defendant Huntleigh USA Corp re 6 Answer to Complaint. (Ebel, David) (Entered: 11/15/2004)
8 INITIAL DISCLOSURES by Defendant Huntleigh USA Corp.(Renick, John) (Entered: 12/06/2004)
9 JOINT STATUS REPORT filed by all parties. Est. Trial Days: 7-10 by Plaintiffs Equal Employment Opportunity Commission, Equal Employment Opportunity Commission.(Healy, Teri) (Entered: 12/17/2004)
10 ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: 10-12 days. Jury Trial set for 11/28/2005 at 9:00 a.m. before Hon. Marsha J. Pechman. Joinder of Parties due by 1/25/2005; Amended Pleadings due by 2/7/2005; Expert Witness Disclosure due by 6/1/2005; Motions due by 7/1/2005; Discovery due by 8/1/2005; Dispositive motions due by 8/30/2005; Settlement conference to be held by 9/29/2005; 39.1 Settlement Report due by 10/7/2005; Motions in Limine due by 10/31/2005; Pretrial Order due by 11/16/2005; Pretrial Conference set for 11/18/2005 11:00 AM before Hon. Marsha J. Pechman. Trial briefs to be submitted by 11/23/2005; Voir dire/jury instructions due by 11/23/2005. (ES) (Entered: 12/28/2004)
12 NOTICE from Mediator Larry Jordan, that on 6/1/05, the parties participated in a mediation. This matter is now resolved. (CL, ) (Entered: 06/09/2005)
11 STIPULATION AND PROPOSED ORDER Consent Decree and Notice by parties. (Attachments: # 1 Exhibit Attachment 1)(Healy, Teri) (Entered: 06/09/2005)
13 CONSENT DECREE AND ORDER OF DISMISSAL - with prejudice and without costs or attorneys' fees to any party. The Court retains jurisdiction of this matter solely for purposes of enforcing the Consent Decree approved herein by Judge Marsha J. Pechman. (MD ) (Entered: 06/14/2005)

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