.' . I •

• Case 2:02-cv-07117-WJR-VBK

Document 14

.s;
Filed 11/04/2002 Page 1 of 39

BILL HENCE, JR. (SBN - 194033)

HENCE & ASSOCIATES 2 3255 Wn.,SHIRE BLVD., SUITE 1520
LOS ANGELES ,CALIFORNIA 90010·1414 3

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 U.S. EQUAL EMPLOYMENT

) CASE NO.: 02-7117WJR-VBKx

OPPORTUNITY COMMISSION,

)

12

) COMPLAINT IN INTERVENTION

)

13

Plaintiff,

) CIVIL RIGHTS SEXUAL

)

14 -vS.-

) HARASSMENT; SEX.BASED

)

15 CHEAP TICKETS, INC., d.b.a. CHEAP ) HARASSMENT; SEXUAL

TICKETS, CENDANT CORPORATION, )

16 d.b.a. CENDANT,

) DISCRIMINATION; RETALIATION 42

17

Defendants.

~ USC. 2000e et seq. Violation of

)

18 LATASHAR. SCOTT,

) Government Code Sections 12940, et seq.

)

19

Plaintiff in Intervention, )

) Date : October 28, 2002

20 -vS.-

) Time :·&dtllo :oc "'.""-.

) Place : Courtroom 10

21 CHEAP TICKETS, INC., d.b.a. CHEAP )

TICKETS, CENDANT CORPORATION, ) Assigned Judge:

22 d.b.a. CENDANT,

) The Honorable William J. Rea

) CourtroomIDept.: 10

23

Defendants.

) Assigned Magistrate: Magstrate Victor B.

) Kenton

24

)

25

26 1/1

ENTEAorficMS 1

27 III 28 III

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CASE NO.: 02-7117WJR.VBKx MOTION FOR PERMISSION TO FILE COMPLAINT IN INTERVENTION (F.R.C.P.•

Rule 24); DECLARATION OF A:-ID MEMORANDUM OF POINTS A."D AUTHORITIES

, .

. • , Case 2:02-cv-07117-WJR-VBK

Document 14

Filed 11/04/2002 Page 2 of 39

TO THE ABOVE-ENTITLED COURT AND TO THE PARTIES AND THEIR

2 ATTORNEYS OF RECORD HEREIN:

3

4

NATURE OF THE ACTION

5

6

Plaintiff In Intervention Latasha R. Scott pursuant to 42 USCA section

7 2000e-5(f) (1) intervenes in this sexual harassment, sex-based harassment, and

8 retaliation action brought by the United States Equal Employment Opportunity

9 Commission (hereinafter, the "Commission") under Title VII of the Civil Rights

10 Act of 1964, as amended See Exhibit 1, against Defendants CHEAP TICKETS,

11 INC., d.h.a. CHEAP TICKETS, CENDANT CORPORATION, d.h.a. CENDANT,

12 [hereafter: Defendant Employers], to correct unlawful employment practices on

13 the basis of sex and to provide appropriate relief to the Charging Party, Latasha

14 R. Scott, and a class of similarly situated employees who were adversely 15 affected by such practices including Plaintiff herein.

16

17

JURISDICTION AND VENUE

18

19

1. Jurisdiction of this Court is invoked pursuant to 28 USC sections

20

451,1331,1337,1343,1345 and 1367.

21

2. The employment practices alleged herein to be unlawful were

22

committed within the jurisdiction of the United States District Court

23

for the Central District.

24

25

PARTIES

26

27

3. At all relevant times, Plaintiff Latasha R. Scott worked for the

28

Defendant Employers in the State of California, County of Los

CASE NO.: 02-7117WJR-VBKx MOTION FOR PERMISSION TO FILE COMPLAINT IN INTERVENTION (F.R.C.P.,
Rule 24); DECLARATION OF AND MEMORANDUM OF POINTS AND AUTHORITIES

t ,

• Case 2:02-cv-07117-WJR-VBK

Document 14

I Filed 11/04/2002 Page 3 of 39

Angeles in the City of Los Angeles and is an aggrieved party

2

authorized to intervene under 42 USC, §§2000e-5(f) (1).

3

4. At all relevant times, CHEAP TICKETS, INC., d.b.a. CHEAP TICKETS,

4

CENDANT CORPORATION, d.b.a. CENDANT (Defendant

5

Employers) have continuously been and are now doing business in

6

the State of California and the City of Los Angeles; with at least one

7

thousand, one hundred (1,100) employees.

8

5. All of the acts and failures to act alleged herein were duly performed

9

by and attributable to Defendant Employers, each acting as a

10

successor, agent, employee or under the direction and control of the

11

others, except as specifically alleged otherwise. Said acts and

12

failures to act were within the scope of such agency and/or

13

employment, and each Defendant Employers participated in,

14

approved and/or ratified the unlawful acts and omissions by other

15

Defendant Employers complained of herein. Whenever and

16

wherever reference to any act in this Complaint to any act by a

17

Defendant Employer or Defendant Employers, such allegations and

18

reference shall also be deemed to mean the acts and failures to act

19

of each Defendant Employers acting individually, jointly and/or

20

severally.

21

6. At all relevant times, Defendant Employers have continuously been

22

an employer engaged in an industry affecting commerce within the

23

meaning of §§701 (b), (g) and (h) of Title VII, 42 USC, §§2000-e1 (b),

24

(9) and (h) and §§11(b), (g) and (h).

25

26

EXHAUSTION OF ADMINISTRATIVE REMEDIES

27

28

7. Prior to institution of this lawsuit, Plaintiff, Latasha R. Scott, timely

8 CASE NO.: 02-7117WJR-VBKx MOTION FOR PERMISSION TO FILE COMPLAINT IN INTERVENTION (F.R.C.P.,
Rul, 24); DECLARATION OF AND MEMORANDUM OF POINTS AND AUTHORITIES

, ,

• Case 2:02-cv-07117-WJR-VBK

Document 14

I Filed 11/04/2002 Page 4 of 39

filed an administrative claim with the California Department of Fair

2

Employment and Housing (herein after, ("DFEH") and with the

3

Commission. The DFEH issued Plaintiff's right to sue letters and

4

the Commission thereafter assumed jurisdiction, duly conducted its

5

investigation, and being unable to eliminate the unlawful

6

employment practices alleged below through informal methods of

7

conciliation and persuasion instituted this lawsuit against Defendant

8

Employers on September 12, 2002. Plaintiff's federal and pendent

9

state claims alleged herein are now ripe for decision in this court.

10

See EEOC v. Farmers Bros. Co., 31 F.3d 891, 903 (9th Cir.1994).

11

12

STATEMENT OF FEDERAL CLAIMS

13

14

8. Defendant Employers have engaged in unlawful employment

15

practices at its facility in Los Angeles, California, in violation of

16

§§706(f) (1) and (3) of Title VII, 42 USC, §§-S(f) (1) and in violation

17

of the California Fair Employment and Housing Act, California

18

Government Code §§12900-12996 ("FEHA"). The unlawful sexual

19

harassment and sex-based harassment in the form of verbal, visual

20

and physical harassment directed at Plaintiff Latasha R. Scott

21

impacted the terms and conditions of her employment and created

22

a hostile working environment at Defendant Employers. These

23

practices also include retaliation against plaintiff for having

24

complained about the harassment, including the termination of

25

Plaintiff Latasha R. Scott.

26

9. The impact of the aforementioned conduct was to deprive Latasha

27

R. Scott of equal employment opportunities and to otherwise

28

adversely impact her employment status because of her sex and

9
CASE NO,; 02·7117WJR.VBKx MOTION FOR PERMISSION TO FILE COMPLAINT IN INTERVENTION (F.R.C.P.,
Rule 24); DECLARATION OF AND MEMORANDUM OF POINTS AND AUTHORITIES

,.
. .

• Case 2:02-cv-07117-WJR-VBK

Document 14

I Filed 11/04/2002 Page 5 of 39 J

also in retaliation for engaging in a protected activity.

2

10. The unlawful employment practices complained of above were and

3

are willful within the meaning of §§706(f) (1) and (3) of TITLE VII, 42

4

USC, §§2000e-5(f) (1) and (3).

5

11. The unlawful employment practices complained of above were

6

intentional and caused Latasha R. Scott to suffer emotional distress.

7

12. Defendant Employers have acted with malice or reckless

8

indifference to the federally protected rights of Latasha R. Scott by

9

subjecting her to harassment consisting of sexually charged

10

conduct, derogatory statements, lewd pictures, obscene cartoons

11

depicting sexual activity, obscene and vulgar gestures and

12

unwelcome physical touching. Plaintiff was also subject to

13

retaliation for engaging in a protected activity resulting in an adverse

14

employment action.

15

13. As a further direct and proximate result of the oppressive,

16

intimidating, and unlawful conduct of Defendant Employers, Plaintiff

17

has been forced to retain an attorney and therefore requests

18

reasonable attorneys' fees and costs.

19

20

STATEMENT OF STATE CLAIMS

21

22

14. This court has supplemental jurisdiction over Plaintiffs state claims

23

pursuant to 28 USC section 1367(a).

24

15. Defendant Employers have engaged in unlawful employment

25

practices at its facility in Los Angeles, California, in violation of the

26

California Fair Employment and Housing Act, California

27

Government Code §§12900-12996 ("FEHA"): See: Exhibit 2. The

28

unlawful sexual harassment, sex discrimination and sex-based

10
CASE NO.: 02-7117WJR-VBKx MOTION FOR PERMISSION TO FILE COMPLAINT IN INTERVENTION (F.R.C.P.,
Rule 24): DECLARATION OF AND MEMORANDUM OF POINTS AND AUTHORITIES

•
, ,

• Case 2:02-cv-07117-WJR-VBK

Document 14

I Filed 11/04/2002 Page 6 of 39

harassment in the form of verbal, visual and physical harassment

2

directed at Plaitniff Latasha R. Scott impacted the terms conditions

3

of her employment and created a hostile workings environment at

4

Defendant Employers. Plaintiff was also subjected to retaliation for

5

engaging in a protected activity.

6

16. In the course of Plaintiff's employment, Defendant Employers,

7

acting by and through its employees, supervisors and/or agents,

8

engaged in a continuing and ongoing pattem and practice of

9

unlawful sexual harassment, sex discrimination and retaliation by

10

routinely subjecting Plaintiff to sexually demeaning and explicit

11

comments, gestures and other unlawful conduct. Such actions,

12

which were offensive, unwelcome, and created a hostile and

13

intimidating work environment included, without limitation, the

14

following: sexually charged conduct, derogatory statement, lewd

15

pictures, obscene cartoons depicting sexual activity, obscene and

16

vulgar gestures and unwelcome physical touching, all in violation of

17

Govemment Code §§ 12940, et seq. Plaintiff was also subject to

18

retaliation for engaging in a protected activity resulting in an adverse

19

employment action.

20

17. Plaintiff is informed and believes and thereon alleges that

21

Defendant Employers, and each of them, did not conduct adequate

22

investigations into Plaintiffs complaints or take appropriate

23

corrective action to correct the hostile work environment and to

24

ensure that Plaintiff would not be subjected to further harassment or

25

retaliatory treatment. The harassment was sufficiently pervasive

26

and severe as to alter the conditions of Plaintiffs employment and

27

to create a hostile, intimidating and/or abusive work environment.

28

18. As a direct, foreseeable, and proximate result of Defendant

11
CASE NO.: 02-7117WJR-VBKx MOTION FOR PERMISSION TO FILE COMPLAINT IN INTERVENTION (F.R.c.P.,
Rule 24); DECLARATION OF AND MEMORANDUM OF POINTS AND AUTHORITIES

_. , ,

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• Case 2:02-cv-07117-WJR-VBK

Document 14

Filed 11/04/2002 Page 7 of 39

1

Employers' discriminatory acts, Plaintiff has suffered and continues

2

to suffer substantial losses in earnings and job benefits, and has

3

suffered humiliation, anxiety, embarrassment, mental and emotional

4

distress, and discomfort, all to their damage in an amount in excess

5

of the minimum jurisdiction of this Court, the precise amount of

6

which will be proven at trial.

7

19. Defendant Employers committed the acts herein alleged

8

maliciously, fraudulently, oppressively, with the wrongful intention of

9

injuring Plaintiff, and acted with an improper and evil motive

10

amounting to malice, and in conscious disregard of Plaintiff's rights.

11

Because the acts taken towards Plaintiff were carried out by

12

employees in positions of authority, acting in a despicable,

13

deliberate, cold, callous, and intentional manner in order to injure

14

and damage Plaintiff, and each of them, Plaintiff is entitled to

15

recover punitive damages in a sum to be proved at trial.

16

20. As a further direct and proximate result of the oppressive,

17

intimidating, and unlawful conduct of Defendant Employers, Plaintiff

18

has been forced to retain an attorney and therefore request

19

reasonable attorneys' fees and costs.

20

21

PRAYER FOR RELIEF

22

23

WHEREFORE, Plaintiff prays that judgment be entered in her favor, as

24 follows, as to Plaintiff's state and federal claims:

25

A. A permanent injunction enjoining Defendant Employers, its officers,

26

successors, assigns and all persons in active concert or

27

participation with them, from engaging in any employment practices

28

that discrimination on the basis of sex or from engaging in unlawful

12
CASE NO.: 02-7117WJR-VBKx MOTION FOR PERMISSION TO FILE COMPLAINT IN INTERVENTION (F.R.C.P.,
Rule 24); DECLARATION OF AND MEMORANDUM OF POINTS AND AUTHORITIES

·-

• Case 2:02-cv-07117-WJR-VBK

Document 14

Filed 11/04/2002 Page 8 of 39

retaliation;

2

B. For back pay, front pay and benefits in an amount to be determined

3

at trial including prejudgment interest;

4

C. For compensatory, special and general damages in an amount to

5

be determined at trial;

6

D. For punitive damages in an amount to be determined at trial;

7

E. For attorneys fees and costs of suit;

8

9 Dated: October 4.2002 10
11
12
13

Respectfully submitted,
BY~h~J. HENCE & ~SSOCIATES Attorney for Plainti ,1:lntervention Latasha R. Scott

\4

15

16

17

18

19

20

21

22

23

24

25

26

27

28

13
CASE NO.: 02-7117WJR-VBKx MOTION FOR PERMISSION TO FILE COMPLAINT IN INTERVENTION (F.R.C.P.,
Rule 24); DECtARATION OF AND MEMORANDUM OF POINTS AND AUTHORITIES

t ~

• I, Case 2:02-cv-07117-WJR-VBK

. . Document 14

I .. Filed 11/04/2002 Page 9 of 39

'

• Case 2:02-cv-07117-WJR-VBK

Document 14

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Page 10 of 39

I ANNA Y. PARK~,SBN 164242
2 GSUREEGJ.ONROYHL.SMBNcC1L9I2N1T34ON, SBN 153553
U.S. EOUAL EMPLOYMENT 3 OPPORTUNITY COMMISSION
255 E. Temple Street 4th Floor
4 Los Angeles CA 90b12
Telephone: (213) 894-1082 5 FaCSImile: (213) 894-1301

6 Attorneys for Plaintiff UNITED STATES EQUAL EMPLOYMENT
7 OPPORTUNITY COMMISSION

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I UNITED STATES DISTRICT COURT is ~§ , b:::;:-o

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CENTRAL DISTRICT OF CALIFORNIA

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10 U.S. EOUAL EMPLOYMENT OPPORJUNITY COMMISSION,

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Plaintiff,

COMPLAINT- CIVIL RIGHTS 'EMPLOYMENT DISCRIMINATION (42 U.S.C. §§ 2000e, et seq,)

JURY TRIAL DEMAND
14

CHEAP TICKETS, INC:ri-,.dlb/a 15 CHEAP TICKETS, CEJ'luANT
CORPORATION, d/b/a CENDANT 16 AND DOES 1-10 Inclusive,

17

Defendants.

18

19

NATURE OF THE ACTION

20

This is an action under Title VII of the Civil Rights Act of 1964, as

21 amended, and Title I of the Civil Rights Act of 1991 to correct unlawful

22 employment practices. Plaintiff United States Equal Employment Opportunity

23 Commission ("Commission") alleges that Defendants Cheap Tickets, Inc.,

24 Cendant Corporation, and Doe Defendants 1-10 ("Defendants") subjected

25 Charging Party Latasha Scott ("Ms. Scott") and a class of other similarly situated

26 female employees to sexual harassment ("class members"). The Commission

27 further alleges that Defendant retaliated against Ms. Scott for complaining about 28 the sexual harassment. .

. . • '.~ .. Case 2:02-cv-07117-WJR-VBK

Document 14

•Filed 11/04/2002

Page 11 of 39

JURlSDICTION AND VENUE

2

I. Jurisdiction of this Court is invoked pursuant to 28 U.S.c. §§ 451,

3 1331, 1337, 1343 and 1345.

4

2. This action is authorized and instituted pursuant to Section 706(f)(l)

5 and (3) ofTitle VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. §

6 2000e-5(f)(l) and (3) ("Title VIlli) and Section 102 of the Civil Rights Act of 7 1991,42 U.S.c. § 1981a.

8

3. The employment practices alleged to be unlawful were and are now

9 being committed within the jurisdiction of the United States District Court for the 10 Central District of California.

II

PARTIES

12

4. Plaintiff, United States Equal Employment Opportunity Commission,

13 is the federal agency charged with the administration, interpretation and

14 enforcement ofTitJe VII, and is expressly authorized to bring this action by

15 Section 706(f)( I) and (3) ofTitle VII, 42 U.S.C. § 2000e-5(f)( 1) and (3).

16

5. At all relevant times, Defendants Cheap Tickets, Inc. and Cendant

17 Corporation have continuously been doing business in the State of California, and

18 in Los Angeles County. At all relevant times, Defendants have continuously 19 employed fifteen (15) or more persons.

20

6. At all relevant times, Defendants have continuously been employers

21 engaged in an industry affecting commerce within the meaning of Sections 701(b),

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

23

7. Plaintiff is ignorant of the true names and capacities of Defendants

24 sued as DOES through 10, inclusive, herein and therefore Plaintiff sues said

25 Defendants by such fictitious names. Plaintiff reserves the right to amend the

26 complaint to name the DOE defendants individually or corporately as they become

27 known. Plaintiff alleges that each of the Defendants named as DOES was in some

28 manner responsible for the acts and omissions alleged herein and PlaintiffwilJ

2

. . ,
,...., ,

• Case 2:02-cv-07117-WJR-VBK

Document 14

•Filed 11/04/2002

Page 12 of 39

amend the complaint to allege such responsibility when same shall have been 2 ascertained by Plaintiff.

3

8. All of the acts and failures to act alleged herein were duly performed

4 by and attributable to all Defendants, each acting as a successor, agent, employee

5 or under the direction and control of the others, except as otherwise specifically

6 alleged. Said acts and failures to act were within the scope of such agency and/or

7 employment, and each Defendant participated in, approved and/or ratified the

8 unlawful acts and omissions by other Defendants complained of herein.

9 Whenever and where ever reference is made in this Complaint to any act by a

10 Defendant or Defendants, such allegations and reference shall also be deemed to

II mean the acts and failures to act of each Defendant acting individually, jointly, 12 and/or severally.

13

STATEMENT OF CLAIMS

14

9. More than thirty days prior to the institution of this lawsuit Ms. Scott

15 filed a charge with the Commission alleging violations of Title VII by Defendants.

16 The Commission investigated and issued a Letter of Determination finding that

17 Ms. Scott and a class of similarly situated females were subjected to unlawful

18 sexual harassment and that Ms. Scott was subjected to retaliation for complaining
19 about sexual harassment in violation of Title vn. All conditions precedent to the

20 institution of this lawsuit have been fulfilled.

21

10. Since in or about 2000, Defendants have engaged in unlawful

22 employment practices at its Los Angeles, California location, in violation of

23 Section 703(a) of Title VII, by subjecting Ms. Scott and other similarly situated

24 female employees to sexual harassment by their supervisors. The sexual

25 harassment Ms. Scott and the other female employees were subjected to, included

26 propositions for sexual favors, unwelcome physical touching, and sexually

27 charged and/or sexually derogatory comments and speech.

28

11. When Ms. Scott and/or other female employees rebuked and/or

3

. . .

• Case 2:02-cv-07117-WJR-VBK

Document 14

Filed 11/04/2002 Page 13 of 39

complained about the sexual harassment by supervisors, Defendants terminated 2 them, resulting in a tangible employment action. Defendants also failed to take 3 immediate and effective corrective action to prevent the harassment despite the 4 obvious nature of the harassment.

5

12. The effect of the practice(s) complained of in paragraphs 10 and 1]

6 above has been to deprive Ms. Scott and other similarly situated female employees

7 of equal employment opportunities and otherwise adversely affect theiT status as

8 employees, because of their sex and because Ms. Scott complained about sexual

9 harassment.

to

13. Since in or about 2000, Defendants have engaged in unlawful

II employment practices at its Los Angeles, California location, in violation of )2 Section 704(a) ofTitle VII, 42 U.S.C. § 2000e-3(a) by subjecting Ms. Scott to 13 retaliation for complaining about sexual harassment. The retaliation against Ms. 14 Scott included unwarranted discipline and/or reprimands and termination.

15

14. The effect of the practices complained of above in paragraph 13 has

16 been to deprive Ms. Scott of equal employment opportunities and to otherwise

17 adversely affect her employment status because she engaged in activity protected

18 under Title VB.

19

15. The unlawful employment practices complained of in paragraphs] 0

20 through 14 above were intentional.

21

16. The unlawful employment practices complained of in paragraphs 10

22 through 14 above were done with malice or with reckless indifference to the

23 federally protected rights of Ms. Scott and other similarly situated female

24 employees.

25

17. As a direct and proximate result of the aforesaid acts of Defendants,

26 Ms. Scott and other similarly situated female employees have each suffered

27 emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation

28 and damages, according.to proof.

4

, ,\
V'-." .

• Case 2:02-cv-07117-WJR-VBK

Document 14

•Filed 11/04/2002

Page 14 of 39

18. As a direct and proximate result ofthe aforesaid acts of Defendants,

2 Ms. Scott and other similarly situated female employees suffered a loss of earnings

J in an amount according to proof.

4

PRAYER FOR RELIEF

5

Wherefore, the Commission respectfully requests that this Court:

6

A. Grant a permanent injunction enjoining Defendants, its officers,

7 successors, assigns, agents, and all persons in active concert or participation with

8 it Defendants, from engaging in any employment practice which discriminates on

9 the basis of sex;

l O B . Grant a permanent injunction enjoining Defendants, its officers,

II successors, assigns, agents, and all persons in active concert or participation with

12 it Defendants, from retaliating against any employee who engages in any protected

J3 activity under Title VII;

14

C. Order Defendants to institute and carry out policies, practices, and

15 programs which provide equal employment opportunities for women, and which

16 eradicate the effects of its past and present unlawful employment practices;

17

D. Order Defendants to make whole Ms. Scott and other similarly

18 situated female employees, by providing appropriate backpay with prejudgment

19 interest, and front pay in amounts to be determined at trial, and other affirmative

20 relief necessary to eradicate the effects of its unlawful employment practices;

21

E. Order Defendant Employers to make whole Ms. Scott and other

22 similarly situated female employees by providing compensation for past and future

23 non-pecuniary losses resulting from the unlawful practices complained of in

24 paragraphs 10 through 14 above, including, but not limited to emotional pain,

25 suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to

26 be determined at trial.

27

F. Order Defendant Employers to pay Ms. Scott and other similarly

28 situated female employees punitive damages for its malicious and reckless conduct

5

. . . . ' Case 2:02-cv-07117-WJR-VBK Document 14 . , "

• Filed 11/04/2002

Page 15 of 39

I described in paragraphs) 0 through) 4 above, in amounts to be determined at trial.

2

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

3 the public interest.

4

H. Award the Commission its costs of this action.

5

JURY TRIAL DEMAND

6

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

7 complaint.

8 Dated: September i;-, 2002

Respectfully Submitted,

9

NICHOLAS INZEO,

Acting General Counsel

10

GWENDOLYN REAMS

1 J

Associate General Counsel

12

U.S. EQUAL EMPLOYMENT

OPPORlUNITY COMMISSION

13

180 I "L" Street, N. W.

Washington, D.C. 20507

14

15

16

17

18

SUEJ. NOH

Trial Attorney

19

20

GREGORY L. McCLINTON Trial Attorney

21

U.S, EQUAL EMPLOYMENT

22

OPPORlUNITY COMMISSION 255 E. Temple Street, 4th Floor

Los Angeles, CA 90012

23

24

2S

26

27

28

6

. .

• Case 2:02-cv-07117-WJR-VBK

Document 14

•Filed 11/04/2002

Page 16 of 39

I ANNA Y. PARK",SBN 164242
2 GSUREEGJ.ONROYHL.SMBIc'''C1L9I2N1T34ON, SBN 153553

trtJlPrr

U.S. EOUAL EMPLOYMENT

3 OPPORJUNlTY COMMISSION

255 E. Temple Street 4th Floor
4 Los Angeles CA 90b12

Telephone: (213) 894-1082 5 FacsImile: (213) 894-1301

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6 Attome),s for Plaintiff U}UTEDSTATESEQUALEMPLOYNffiNT
7 OPPORTUNlTY COMMISSION

8

UNITED STATES DISTRICT COURT

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Plaintiff,

CERTIFICATION AS TO INTERESTED PARTIES PURSUANT TO LOCAL RULE 83-1.5

14
CHEAP TICKETS, IN~ri-,.dlb/a 15 CHEAP TICKETS, CEI'lvANT
CORPORATION, d/b/a CENDANT 16 AND DOES 1-10 Inclusive,

17

Defendants.

18

19

The undersigned, counsel of record for plaintiff Equal Employment

20 Opportunity Commission, certifies that the following listed parties have a direct, 21 pecuniary interest in the outcome of this case. These representations are made to 22 enable the Court to evaluate possible disqualification or recusal.

23

I. Plaintiff Equal Employment Opportunity Commission, for costs of

24 suit.

25

2. Charging Party Latasha Scott and a class of similarly situated

26 employees, for damages.

27 /1/

28 III

.. , "

. • ,Case 2:02-cv-07117-WJR-VBK

Document 14

•Filed 11/04/2002

Page 17 of 39

3. Defendants CHEAP TICKETS, INC., CENDANT CORPORATION,

2 and DOES 1-10 Inclusively, for potential liability for damages, injunctive relief, 3 and costs of suit.

4

5 Dated:
6 7 8 9 10 II

September I'Y, 2002

Respectfully Submitted, NICHOLAS INZEO, Acting General Counsel GWENDOLYN REAMS Associate General Counsel
u.s. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507

12

13

BY:-TcAtr,N~\Nfu~A\.V..~O~APr)A"·.R.,tt?K.,rIV'.-:://v~ ---.:::J!SNIP'\'--_

14

Regional Attorney

15

SUEJ.NOH

Trial Attorney

16

17

GREGORY L McCLINTON Trial Attorney

18

U.S. EQUAL EMPLOYMENT

19

OPPORTUNITY COMMISSION 255 E. Temple StreetJ- 4th Floor

20

Los Angeles, CA 90u 12

21

22

23

24

25

26

27

28

2

..

. . • Case 2:02-cv-07117-WJR-VBK

Document 14

•Filed 11/04/2002

Page 18 of 39

• Case 2:02-cv-07117-WJR-VBK

Document 14

I HENCE & ASSOCIATES BILL HENCE, JR., ESQ. (194033)
2 3255 Wilshire Boulevard, Suite 1520 Los Angeles, California 90010
3 Telephone: (213) 388-8892
4 Facsimile: (213) 384-2083

5 Attorney for Plaintiffs

•Filed 11/04/2002

Page 19 of 39

CONFORMED COpy

OF ORIGINAL FiLED

Los Angeles Superior Court

JUL 2 4 2002

John A ClarkeGdge Officer/Clerk

By

Depu~

CHARLIE COLEMAN

6

7

8

STATE OF CALIFORNIA, COUNTY OF Los ANGELES

9

CENTRAL DISTRICT, UNLIMITED JURISDICTION

10

11 LATASHA R. SCOTT, CANDII

)

ANDERSON,

)

12

)

13

Plaintiffs,

~

)

14 -VS.-

~

15 CHEAP TICKETS, INC., MARCUS

)

GUNN, and Does 1 through 100, Inclusive, )

16

)

)

17

Defendants.

)

18 -----------------------)

CASE NO.: BC2 7828 6
COMWLAlNTFORDAMAGESSEXUAL HARASSMENT, SEXUAL DISCRIMINATION, RETALIATORY EMWLOYMENT DISCRIMINATION; INFLICTION OF EMOTIONAL DISTRESS

19 PLAINTIFF, LATASHA R. SCOTT, alleges as follows:

20 GENERAL ALLEGATIONS BY PLAINTIFF LATASHA SCOIT AGAINST

21

DEFENDANTS FOR VIOLATION OF EMPLOYMENT RIGHTS

22 1. This is an action for damages to redress the deprivation of rights secured to

23

Plaintiff by the California Fair Employment and Housing Act (hereinafter

24
25 2.

"FEHA"), Government Code § 12940, et seq. Plaintiff seeks to obtain relief against Plaintiff's former employers, the

26

Defendants named herein and its agents and employees for subjecting Plaintiff

27

to sexual discrimination retaliation and harassment. Additionally, Plaintiff seeks

28

compensatory and exemplary damages for sexual harassment, sexual

CASE NO.:

1
COMPLAINT FOR DAMAGES; SEXUAL DISCRIMINATION, HARASSMENT AND RETAUAnON.

..,,'

I .....t Case 2:02-cv-07117-WJR-VBK Document 14

•Filed 11/04/2002

Page 20 of 39

1
2 3.
3 4 5 4. 6 7 8 9 10
11

discrimination, retaliatory employment discrimination. This action is brought pursuant to the California FEHA, California Government Code §12940 et seq.. Pursuant to said Act, Plaintiff filed timely charges of discrimination regarding the acts and practices of Defendants alleged herein. The true names and capacities, whether individual, associate, corporate or otherwise of Defendants Does 1 to 100 inclusive and each of them are unknown to Plaintiff at this time who, therefore, sues said Defendants by such fictitious names. Plaintiff will amend this complaint to state their true names when same have been ascertained. Plaintiff is informed and believes and thereon alleges, that each of the Defendants designated herein as a Doe is responsible in some manner for the events and occurrences herein described

12
13 5.
14 15 16 17 18 19 20 21 22 23 24 25
26 6.
27 28

and liable to Plaintiff for the damages as herein alleged. Plaintiff is informed and believes and thereon alleges, that in connection with the actions and omissions alleged herein, Defendants, entered into a partnership, employment, conspiracy, joint venture and/or principal-agent relationship to carry out all the acts and omissions herein alleged. At all times material such Defendants have been and continue to be the employees, agents, co-conspirators, partners, employers, principals and/or jOint venturers, acting within the purpose and scope of and pursuant to their employment, agency, conspiracy, joint venture and/or partnership and with the authorization, direction, consent, ratification and adoption of their employers, agents and/or co-conspirators. At all times herein mentioned, each defendant was and is, the duly authorized agent and employee of each of the other Defendants and in doing the things hereinafter mentioned were acting within the course and scope of that agency and employment. Plaintiff is informed and believes and thereon alleges, that each of the Defendants, named and unnamed, are and at all times relevant hereto, were the agents, servants and/or employees of each and every other named

CASE NO,;

2 COMPLAINT FOR DAMAGES; SEXUAL DISCRIMINATION, HARASSMENT AND RETALIATION,

... ,

I Case 2:02-cv-07117-WJR-VBK Document 14

•Filed 11/04/2002

Page 21 of 39

Defendant and Does 1 to 100 and that each of the individual Defendants

2

were acting at all times within the scope of his agency and/or employment

3

and with the knowledge of his principal and/or employer and/or co-defendant.

4

5

PARTIES

6

7 7. At all times herein, Defendant Cheap Tickets, Inc., and Does 1 to 10 inclusive

8

was a corporation, duly organized and existing under and by virtue of the laws

9

of the State of California and doing business in the County of Los Angeles, State

10

of California, with its principal place of business at 6151 Century Blvd., Los

II

Angeles, Ca. 90045, and is an employer as defined in Govemment Code

12

§12926(c).

13 8. Plaintiff Latasha R. Scott at all times herein is and has been a resident of the

14

county of Los Angeles.

15 9. Plaintiff Candii Anderson at all times herein is and has been a resident of the

16

county of Los Angeles.

17 10. Defendant Marcus Gunn at all times herein is and has been a resident of the

18

county of Los Angeles.

19

20

STATEMENT OF FACTS

21

22 11. On or about August 2,2001, the California Department of Fair Employment and

23

Housing (DFEH) notified Plaintiff of Plaintiffs right to initiate legal proceedings

24

on said charge of harassment, discrimination and retaliation.

25 12. Plaintiff Latasha R. Scott is an African-American female resident of the County

26

of Los Angeles, California, and has been at all times alleged herein. Plaintiff is

27

no longer employed by the Defendants. Plaintiff was employed as a telephonic

28

sales agent from March 2000 until February 2001.

CASE NO.:

3
COMPLAINT FOR DAMAGES; SEXUAL DISCRIMINATION, HARASSMENT AND RETALIATION.

....

Case 2:02-cv-07117-WJR-VBK Document 14

t ,,'

•Filed 11/04/2002

Page 22 of 39

13. During the course of Plaintiffs employment with Defendants, Marcus Gunn and

2

Defendant's directors, officers, managing and/or supervisory agents and/or

3

employees did verbally harass, insult and offend Plaintiff by engaging in

4

repeated and continuous offensive remarks to Plaintiff with the intention of

5

harassing Plaintiff on account of her sex and further by way of example and

6

without limitation Defendant Marcus Gunn and such directors, officers managing

7

and/or supervising agents and/or employees engaged in the following actions:

8

a. Commencing in February of 2000, defendant Murcus Gunn (Gunn) began

9

a daily pattern and practice of making unwanted offensive and insulting

10

remarks including, but not limited to, stating to Plaintiff that, "you make me

11

want you real bad; that "I want to lick your pussy"; "you have nice big old

12

titties"; "you look sexy in that skirt", I know how to make a woman come

13

seven times"; let me eat your pussy"; "let me see your nipples."

14

b. Commencing in February of 2000, defendant Marcus Gunn began a daily

15

pattern and practice of engaging in unwanted offensive conduct,

16

including, but not limited to: parking his crotch against Plaintiffs shoulder;

17

placing his hand on Plaintiffs thighs; rubbing Plaintiffs thighs with his

18

hands; placed his hands and fingers on Plaintiffs breasts; placed his

19

hand on Plaintiffs pelvic area; making contact with Plaintiffs buttocks

20

and/or (or breasts when walking past Plaintiff.

21

c. Plaintiff complained to her supervising officers about Gunn's conduct and

22

insults but her complaints were ignored and defendant failed to undertake

23

any reasonable and or adequate investigation of Gunn's conduct.

24

d. After Plaintiff complained to her supervising officers about Gunns conduct,

25

Plaintiff Latasha R. Scott was fired from her job.

26 14. At all times herein mentioned, Plaintiff was an excellent employee with an

27

outstanding record of dedication, loyalty and efficient service and contribution

28

to Plaintiffs employer's goals.

CASE NO.:

4
COMPLAINT FOR DAMAGES; SEXUAL DISCRIMINATION. HARASSMENT AND RETALIATION.

, ...

, \ Case 2:02-cv-07117-WJR-VBK Document 14

•Filed 11/04/2002

Page 23 of 39

15.
2 3 4
5 16.
6 7 8 9 10

Defendants and each of them knew or should have known, actually and/or constructively, ofthe harassing actions as described herein above, on the basis that these actions described above were the actions and/or words of directors Officers, supervisors and/or managers of Defendants. Despite Defendants' knowledge, actual and/or constructive, as described herein above, of the above described sexual harassment, discrimination and retaliation, Defendants failed and refused and continue to fail and refuse to stop the harassment and failed and refused and continue to fail and refuse to take all reasonable steps to prevent such sexual harassment discrimination and retaliation from occurring.

11

12

FIRST CAUSE OF ACTION BY PLAINTIFF SCOTT

13

AGAINST ALL DEFENDANTS

14

(Conditional Sexual Harassment)

15
16 17.
17 18 19
20
21 22 23
24 18.
25
26 27 19.
28

Defendants and each of them, violated Govemment Code, §12940 by conditioning Plaintiff's employment on Plaintiffs tolerating Defendants' sexual harassment of Plaintiff. Defendants' conduct, as setforth above, was intentional and malicious and done for the purpose of causing Plaintiff to suffer humiliation, mental anguish and emotional distress. Defendants' conduct was done with the knowledge that Plaintiff's emotional and physical distress would as a result increase and was done with wanton and reckless disregard of the consequences to Plaintiff. As a direct and proximate result of Defendants' conduct, Plaintiff suffered and continues to suffer severe emotional distress, humiliation, loss of sleep and mental anguish all to Plaintiff's damage. The aforementioned acts of Defendants were willful, wanton, malicious and oppressive and justify the awarding of exemplary damages according to proof.

CASE NO.:

s
COMPLAINT FOR DAMAGES; SEXUAL D1SCRIMlNATION. HARASSMENT AND RETALIATION.

. . . .. ..

Case 2:02-cv-07117-WJR-VBK Document 14

'

•Filed 11/04/2002

Page 24 of 39

1 20.
2 3
4
5
6
7

As a result of Defendants' violation of Government code, §1294 as alleged herein, Plaintiff is entitled to reasonable attomey fees and costs as provided by Govemment Code Section 12965 (6).
SECOND CAUSE OF ACTION BY PLAINTIFF SCOTT AGAINST ALL DEFENDANTS
(Work Environment Sexual Harassment)

8
9 21.
10 11

Defendants violated Government Code §12940 by maintaining a work place where sexual harassment occurred, including harassment by Defendants' officers, supervisors and managers as evidenced by Defendants' conduct and

12 13 22. 14 15 23. 16
17
18
19
20 24. 21
22
23 25. 24

pOlicies as herein above described. As a direct and legal result ofDefendants' sexual harassment of Plaintiff, Plaintiff suffered damages as alleged herein in an amount according to proof. Defendants' conduct, as set forth above, was intentional and malicious and done for the purpose of causing Plaintiff so suffer humiliation, mental anguish and emotional distress. Defendants' conduct was done with knowledge that Plaintiff's emotional and physical distress would result and was done with wanton and reckless disregard of the consequences to Plaintiff. As a direct and legal result of Defendants' conduct, Plaintiff suffered and continues to suffer severe emotional distress, humiliation, loss of sleep and mental anguish all to his damage. The aforementioned acts of Defendant's were willful, wanton, malicious and oppressive and justify the awarding of exemplary damages according to proof.

25
26 26.
27 28

As a result of Defendants' violation of Government Code, § 12940 as alleged
herein, Plaintiff is entitled to reasonable attorney fees and costs as provided by Govemment Code Section 12965(6).

CASE NO.:

6
COMPLAINT FOR DAMAGES; SEXUAL DISCRIMINATION. HARASSMENT AND RETALIATION.

, .., , 'I' Case 2:02-cv-07117-WJR-VBK Document 14

•Filed 11/04/2002

Page 25 of 39

THIRD CAUSE OF ACTION BY PLAINTIFF SCOTT

2

AGAINST ALL DEFENDANTS

3

(Negligent Sexual Harassment)

4

Govemment Code, §12940 (I) creates a duty of care on the part of employers

5

to affirmatively take all reasonable steps necessary to prevent racial and/or

6

ethnic and age harassment from occurring. Defendants and each of them,

7

breached their duty of care in failing to take such steps.

8 28, As a direct and proximate result of Defendants' conduct, Plaintiff suffers and

9

continues to suffer damages, as alleged herein in an amount according to proof.

10 29, As a result of Defendants' violation of Govemment Code, §12940 as alleged

11

herein, Plaintiff is entitled to reasonable attomey fees and costs as provided by

12

Govemment Code Section 12965(6).

13

14

FOURTH CAUSE OF ACTION BY PLAINTIFF SCOTT

15

AGAINST ALL DEFENDANTS

16

(Sexual Discrimination)

17 30, Defendants violated Govemment Code, §12940 by discriminating against

18

Plaintiff because of Plaintiffs sex in the terms and conditions of Plaintiffs

19

employment.

20 31. As a direct,.and proximate result of Defendants' conduct, Plaintiff suffers and

21

continues to suffer damages, as alleged herein in an amount according to proof.

22 32. The aforementioned acts of Defendants were willful, wanton, malicious and

23

oppressive and justify the awarding of exemplary damages according to proof.

24 33. As a result of Defendants' violation of Govemment Code, §12940, as alleged

25

herein, Plaintiff is entitled to reasonable attomey's fees and costs as provided

26

by Govemment Code, §12965 (b).

27 11/

28 III

CASE NO.:

7 COMPLAINT FOR DAMAGES; SEXUAL DISCRIMINATION, HARASSMENT AND RETAUATION.

....

..' • Case 2:02-cv-07117-WJR-VBK

Document 14

•Filed 11/04/2002

Page 26 of 39

1

FIFTH CAUSE OF ACTION BY PLAINTIFF SCOTT

2

AGAINST ALL DEFENDANTS

3

(RetaUatory Employment and Sex Discrimination)

4

5 34. Defendants violated Government Code, §12940 by discriminating against and

6

retaliating against Plaintiff because Plaintiff opposed Defendants' sexual

7

harassment.

8 35. As a direct and legal result of Defendants' conduct, Plaintiff suffered and

9

continues to suffer damages as alleged herein in an amount according to proof.

10 36. The aforementioned acts of Defendants' were willful, wanton, malicious and

11

oppressive and justify the awarding of exemplary damages according to proof.

12 37. As a result of Defendants' violation of Government Code, §12940, as alleged

13

herein, Plaintiff is entitled to reasonable attorney's fees and costs as provided

14

by Government Code, §12965 (b).

15

16 SIXTH CAUSE OF ACTION BY PLAINTIFF LATISHA SCOTT AGAINST

17

ALL DEFENDANTS

18

(Intentional Infliction of Emotional Distress)

19
20 38. 21

Plaintiff inc9Iporates herein by reference as if fully set forth, paragraphs 1 through 43 above.

22 39. Defendants' conduct as set forth above, was intentional and malicious and done for the

23

pUIpose ofcausing Plaintiffto suffer humiliation, mental anguish and emotional distress.

24
25 26 27 40. 28

Defendants' conduct was done with knowledge that Plaintiffs emotional and physical distress would as a result increased and was done with wanton and reckless disregard of the consequences to Plaintiff. As a direct and proximate result ofDefendants' conduct, Plaintiffsuffered and continues to suffer severe emotional distress, humiliation, loss of sleep and mental anguish all to

CASE NO.:

8
COMPLAINT FOR DAMAGES; SEXUAL D1SCRlMINATION, HARASSMENT AND RETALIATION.

....

. • .: Case 2:02-cv-07117-WJR-VBK

Document 14

•Filed 11/04/2002

Page 27 of 39

his damage.

2 41. The aforementioned acts of Defendants were willful, wanton, malicious and oppressive

3

and justify the awarding of exemplary damages according to proof.

4

5

SEVENTH CAUSE OF ACTION BY PLAINTIFF LATISHA SCOTT

6

AGAINST ALL DEFENDANTS

7

(Negligent Infliction of Emotional Distress)

8

9 42. Plaintiff incorporates herein by reference as if fully set forth, paragraphs 1 through 41

10

above.

11 43. Defendants knew, or should have known, with the exercise of reasonable care, that the

12

foregoing conduct would cause Plaintiffto suffer serious emotional distress. Defendants

13

owed Plaintiffa duty ofcare to engage in such conduct Defendants breached that duty

14

of care.

15 44. As a direct and proximate result of Defendants ' conduct Plaintiff suffered and continues

16

to suffer severe emotional distress, humiliation, loss of sleep and mental anguish all to

17

her damage in a sum according to proof.

18 III

19 III

20 III

/

/~

21 III

22 III

23 III

24 11/

25 III

26 11/

27 III

28 III

CASE NO.:

9
COMPLAINT FOR DAMAGES; SEXUAL DISCRIMINATION. HARASSMENT AND RETALIATION.

, ..,.

..' • Case 2:02-cv-07117-WJR-VBK

Document 14

•Filed 11/04/2002

Page 28 of 39

1 PLAINTIFF, CANDII ANDERSON, alleges as follows:

2 GENERAL ALLEGATIONS BY PLAINTIFF CANDII ANDERSON AGAINST

3

DEFENDANTS FOR VIOLATION OF EMPLOYMENT RIGHTS

4 45. This is an action for damages to redress the deprivation of rights secured to

5

Plaintiff by the California Fair Employment and Housing Act (hereinafter

6

"FEHA"). Government Code § 12940, et seq.

7 46. Plaintiff seeks to obtain relief against Plaintiffs former employers, the

8

Defendants named herein and its agents and employees for subjecting Plaintiff

9

to sexual discrimination retaliation and harassment. Additionally, Plaintiff seeks

10

compensatory and exemplary damages for sexual harassment, sexual

11

diSCrimination, retaliatory employment discrimination.

12 47. This action is brought pursuant to the California FEHA, California Government

13

Code §12940 et seq.. Pursuant to said Act, Plaintiff filed timely charges of

14

discrimination regarding the acts and practices of Defendants alleged herein.

15 48. The true names and capacities, whether individual, associate, corporate or

16

otherwise of Defendants Does 1 to 100 inclusive and each of them are

17

unknown to Plaintiff at this time who, therefore, sues said Defendants by such

18

fictitious names. Plaintiff will amend this complaint to state their true names

19

when same have been ascertained. Plaintiff is informed and believes and

20

thereon alleges, that each of the Defendants designated herein as a Doe is

21

responsible in some manner for the events and occurrences herein described

22

and liable to Plaintiff for the damages as herein alleged.

23 49. Plaintiff is informed and believes and thereon alleges, that in connection with

24

the actions and omissions alleged herein, Defendants, entered into a

25

partnership, employment, conspiracy, joint venture and/or principal-agent

26

relationship to carry out all the acts and omissions herein alleged. At all

27

times material such Defendants have been and continue to be the

28

employees, agents, co-conspirators, partners, employers, principals and/or

CASE NO.

10
COMPLAINT FOR DAMAGES; SEXUAL DISCRIMINATION. HARASSMENT AND RETAI.IATION

.".,

. I .' Case 2:02-cv-07117-WJR-VBK Document 14

•Filed 11/04/2002

Page 29 of 39

joint venturers, acting within the purpose and scope of and pursuant to their

2

employment, agency, conspiracy, joint venture and/or partnership and with

3

the authorization, direction, consent, ratification and adoption of their

4

employers, agents and/or co-conspirators. At all times herein mentioned,

5

each defendant was and is, the duly authorized agent and employee of each

6

of the other Defendants and in doing the things hereinafter mentioned were

7

acting within the course and scope of that agency and employment.

8 50. Plaintiff is informed and believes and thereon alleges, that each of the

9

Defendants, named and unnamed, are and at aJltimes relevant hereto, were

10

the agents, servants and/or employees of each and every other named

11

Defendant and Does 1 to 100 and that each of the individual Defendants

12

were acting at all times within the scope of his agency and/or employment

13

and with the knowledge of his principal and/or employer and/or co-defendant.

14

15

PARTIES

16

17 51. At all times herein, Defendant Cheap Tickets, Inc., and Does 1 to 10 inclusive

18

was a corporation, duly organized and existing under and by virtue of the laws

19

of the State of California and doing business in the County of Los Angeles, State

20

of California, with its principal place of business at 6151 Century Blvd., Los

21

Angeles, Ca. 90045, and is an employer as defined in Govemment Code

22

§12926(c).

23 52. Plaintiff Latasha R. Scott at all times herein is and has been a resident of the

24

county of Los Angeles.

25 53. Plaintiff Candii Anderson at all times herein is and has been a resident of the

26

county of Los Angeles.

27 54. Defendant Marcus Gunn at all times herein is and has been a resident of the

28

county of Los Angeles.

CASE NO.:

11
COMPLAINT FOR DAMAGES; SEXUAL DISCRIMINATION. HARASSMENT AND RETALIATION.

,.
, ,

j Case 2..:,0, 2-cv-07117-WJR-VBK Document 14

•Filed 11/04/2002

Page 30 of 39

STATEMENT OF FACTS

2

3 55. On or about November 7,2001, the Califomia Department of Fair Employment

4

and Housing (DFEH) notified Plaintiff of Plaintiffs right to initiate legal

5

proceedings on said charge of harassment, discrimination and retaliation,

6 56. Plaintiff Candii Anderson is an African-American female resident of the County

7

of Los Angeles, Califomia, and has been at all times alleged herein. Plaintiff is

8

no longer employed by the Defendants. Plaintiff was employed as a telephonic

9

sales agent from March 2000 until February 2001.

10 57. During the course of Plaintiffs employment with Defendants, Marcus Gunn and

11

Defendant's directors, officers, managing and/or supervisory agents and/or

12

employees did verbally harass, insult and offend Plaintiff by engaging in

13

repeated and continuous offensive remarks to Plaintiff with the intention of

14

harassing Plaintiff on account of her sex and further by way of example and

15

without limitation Defendant Marcus Gunn and such directors, officers managing

16

and/or supervising agents and/or employees engaged in the following actions:

17

a. Commencing in Februaryof2000, defendant Murcus Gunn (Gunn) began

18

a daily pattem and practice of making unwanted offensive and insulting

19

remarks including, but not limited to, stating to Plaintiff that, "you make me

20

want you real bad; that "I want to lick your pussy"; "you have nice big old

21

titties"; "you look sexy in that skirt", I know how to make a woman come

22

seven times"; let me eat your pussy"; "let me see your nipples." Gunn

23

further told Plaintiff Anderson "don't tell anybody or you'll get in trouble",

24

b. Commencing in February of 2000, defendant Marcus Gunn began a daily

25

pattem and practice of engaging in unwanted offensive conduct,

26

including, but not limited to: parking his crotch against Plaintiffs shoulder;

27

placing his hand on Plaintiffs thighs; rubbing Plaintiffs thighs with his

28

hands; placed his hands and fingers on Plaintiffs breasts; placed his

CASE NO,.

12
COMPLAINT FOR DAMAGES; SEXUAL DISCRIMINATION, HARASSMENT AND RETALiATION,

........~ .'f', Case 2:02-cv-07117-WJR-VBK Document 14

1 •-

1"

•Filed 11/04/2002

Page 31 of 39

1

hand on Plaintiffs pelvic area; making contact with Plaintiffs buttocks and

2

(or breasts when walking past Plaintiff.

3

c. Plaintiff complained to her supervising officers about Gunn's conduct and

4

insults but her complaints were ignored and defendant failed to undertake

5

any reasonable and or adequate investigation of Gunn's conduct.

6

d. After Plaintiff complained to her supervising officers about Gunns conduct,

7

Plaintiff Candii Anderson was fired from her job.

8 58. At all times herein mentioned, Plaintiff was an excellent employee with an

9

outstanding record of dedication, loyalty and efficient service and contribution

10

to Plaintiffs employer's goals.

11 59. Defendants and each of them knew or should have known, actually and/or

12

constructively, of the harassing actions as described herein above, on the basis

13

that these actions described above were the actions and/or words of directors

14

officers, supervisors and/or managers of Defendants.

15 60. Despite Defendants' knowledge, actual and/or constructive, as described herein

16

above, of the above described sexual harassment, discrimination and retaliation,

17

Defendants failed and refused and continue to fail and refuse to stop the

18

harassment and failed and refused and continue to fail and refuse to take all

19

reasonable steps to prevent such sexual harassment discrimination and

20

retaliation from occurring.

21

22

FIRST CAUSE OF ACTION BY PLAINTIFF CANDD ANDERSON

23

AGAINST ALL DEFENDANTS

24

(Conditional Sexual Harassment)

25

26 61. Defendants and each of them, violated Government Code, §12940 by

27

conditioning Plaintiffs employment on Plaintiffs tolerating Defendants' sexual

28

harassment of Plaintiff. Defendants' conduct, as set forth above, was intentional

CASE NO"

COMPLAINT FOR DAMAGES. SEXUAL DISCRIMINATION. HARASSMENT AND RETALIATION

• Case 2:02-cv-07117-WJR-VBK

Document 14

•Filed 11/04/2002

Page 32 of 39

I

and malicious and done for the purpose of causing Plaintiff to suffer humiliation,

2

mental anguish and emotional distress. Defendants' conduct was done with the

3

knowledge that Plaintiffs emotional and physical distress would as a result

4

increase and was done with wanton and reckless disregard of the

5

consequences to Plaintiff.

6 62. As a direct and proximate result of Defendants' conduct, Plaintiff suffered and

7

continues to suffer severe emotional distress, humiliation, loss of sleep and

8

mental anguish all to Plaintiffs damage.

9 63. The aforementioned acts of Defendants were willful, wanton, malicious and

10

oppressive and justify the awarding of exemplary damages according to proof.

11 64. As a result of Defendants' violation of Government code, §1294 as alleged

12

herein, Plaintiff is entitled to reasonable attorney fees and costs as provided by

13

Government Code Section 12965 (b).

14

15 SECOND CAUSE OF ACTION BY PLAINTIFF CANDII ANDERSON

16

AGAINST ALL DEFENDANTS

17

(Work Environment Sexual Harassment)

18 19 65. 20 21 22 23 66. 24 25 67. 26 27 28

Defendants violated Government Code §12940 by maintaining a work place where sexual harassment occurred, including harassment by Defendants' officers, supervisors and managers as evidenced by Defendants' conduct and policies as herein above described. As a direct and legal result of Defendants' sexual harassment of Plaintiff, Plaintiff suffered damages as alleged herein in an amount according to proof. Defendants' conduct, as setforth above, was intentional and malicious and done for the purpose of causing Plaintiff so suffer humiliation, mental anguish and emotional distress. Defendants' conduct was done with knowledge that Plaintiffs emotional and physical distress would result and was done with wanton and

CASE NO,:

14
COMPLAINT FOR DAMAGES, SEXUAL DISCRIMINATION. HARASSMENT AND RETALIATION,

.. Case 2:02-cv-07117-WJR-VBK

Document 14 ,' ,

•Filed 11/04/2002

. .. Page 33 of 39

1

reckless disregard of the consequences to Plaintiff.

2 68. As a direct and legal result of Defendants' conduct, Plaintiff suffered and

3

continues to suffer severe emotional distress, humiliation, loss of sleep and

4

mental anguish all to his damage.

5 69. The aforementioned acts of Defendant's were willful, wanton, malicious and

6

oppressive and justify the awarding of exemplary damages according to proof.

7 70. As a result of Defendants' violation of Government Code, § 12940 as alleged

8

herein, Plaintiff is entitled to reasonable attorney fees and costs as provided by

9

Government Code Section 12965(b).

10

11

TIDRD CAUSE OF ACTION BY PLAINTIFF CANDII ANDERSON

12

AGAINST ALL DEFENDANTS

13

(Negligent Sexual Harassment)

14

15 71. Government Code, §12940 creates a duty of care on the part of employers to

16

affirmatively take all reasonable steps necessary to prevent racial and/or ethnic

17

and age harassment from occurring. Defendants and each of them, breached

18

their duty of care in failing to take such steps.

19 72. As a direct and proximate result of Defendants' conduct, Plaintiff suffers and

20

continues to suffer damages, as alleged herein in an amount according to proof.

21 73. As a result of Defendants' violation of Govemment Code, §12940 as alleged

22

herein, Plaintiff is entitled to reasonable attorney fees and costs as provided by

23

Government Code Section 12965(b)..

24

25 FOURTH CAUSE OF ACTION BY PLAINTIFF CANDII ANDERSON

26

AGAINST ALL DEFENDANTS

27

(Sexual Discrimination)

28

CASE NO,:

15
COMPLAINT FOR DAMAGES, SEXUAL DISCRIMINATION, HARASSMENT AND RETALIATION.

. • . ..,~. ',If',1,"¥-'Case 2:02-cv-07117-WJR-VBK

Document 14

•Filed 11/04/2002

Page 34 of 39

1 74. Defendants violated Government Code, §1'2940 by discriminating against

2

Plaintiff because of Plaintiffs sex in the terms and conditions of Plaintiffs

3

employment.

4 75. As a direct and proximate result of Defendants' conduct, Plaintiff suffers and

5

continues to suffer damages, as alleged herein in an amount according to proof.

6 76. The aforementioned acts of Defendants were willful, wanton, malicious and

7

oppressive and justify the awarding of exemplary damages according to proof.

8 77. As a result of Defendants' violation of Government Code, §12940, as alleged

9

herein, Plaintiff is entitled to reasonable attorney's fees and costs as provided

10

by Government Code, §12965 (b).

11
12
13
14 15 16 78.
17
18
19 79. 20 21 80.
22 23 81.
24 25
26 11/ 27 11/ 28 11/

FIFTH CAUSE OF ACTION BY PLAINTIFF CANDII ANDERSON AGAINST ALL DEFENDANTS
(Retaliatory Employment and Sex Discrimination)
Defendants violated Government Code, §12940 by discriminating agains:t and retaliating against Plaintiff because Plaintiff opposed Defendants' sexual harassment. As a direct and legal result of Defendants' conduct, Plaintiff suffered and continues to suffer damages as alleged herein in an amount according to proof. The aforementioned acts of Defendants' were willful, wanton, malicious and oppressive and justify the awarding of exemplary damages according to proof. As a result of Defendants' violation of Government Code, §12940, as alleged herein, Plaintiff is entitled to reasonable attorney's fees and costs as provided by Government Code, §12965 (b).

CASE NO.:

16 COMPLAINT FOR DAMAGES; SEXUAL DISCRIMINATION, HARASSMENT AND RETALIATION

• Case 2:02-cv-07117-WJR-VBK

. . Document 14

•Filed 11/04/2002

• Page 35 of 39 • •

1 SIXTH CAUSE OF ACTION BY PLAINTIFF CANDII ANDERSON AGAINST

2

ALL DEFENDANTS

3

(Intentional Infliction of Emotional Distress)

4 82. Plaintiff incorporates herein by reference as if fully set forth, paragraphs I through 43

5

above.

6 83. Defendants' conduct as set forth above, was intentional and malicious and done for the

7

purpose ofcausing Plaintiffto sufferhumiliation, mental anguish and emotional distress.

8

. Defendants' conduct was done with knowledge that Plaintiffs emotional and physical

9

distress would as a result increased and was done with'Wanton and reckless disregard of

10

the consequences to Plaintiff.

11 84. As adirect and proximate result ofDefendants•conduct, Plaintiffsuffered and continues

12

to suffer severe emotional distress, humiliation, loss of sleep and mental anguish all to

13

his damage.

14 85. The aforementioned acts of Defendants were willful, wanton, malicious and oppressive

15

and justify the awarding of exemplary damages according to proof.

16

17 SEVENm CAUSE OF ACTION BY PLAINTIFF CANDII ANDERSON

18

AGAINST ALL DEFENDANTS

19

(Negligent Infliction of Emotional Distress)

20 86. Plaintiff incorporates herein by reference as if fully set forth, paragraphs 1 through 43

21

above.

22 87. Defendants knew, or should have known, with the exercise of reasonable care, that the

23

foregoing conduct would cause Plaintiff to suffer serious emotional distress. Defendants

24

owed Plaintiffa duty of care to engage in such conduct. Defendants breached that duty

25

of care.

26 88. As a direct and proximate result ofDefendants' conduct Plaintiffsuffered and continues

27

to suffer severe emotional distress, humiliation, loss of sleep and mental anguish all to

28

her damage in a sum according to proof.

CASE NO,:

17
COMPLAINT FOR DAMAGES; SEXUAL DISCRIMINATION, HARASSMENT AND RETALIATION,

.. . .. • .. , ''''11 . Case 2:02-cv-07117-WJR-VBK

. . Document 14 ,

•Filed 11/04/2002

- . Page 36 of 39 ,

1

WHEREFORE, PlaintiffLatasha R. Scott prays for judgment against the Defendants and

2 each of them as follows:

3 I. Compensate and make Plaintiff whole for all earnings, wages and other employment

4

benefits he would have received but for his harassment and retaliation by the Defendants.

5 2. For statuary damages pursuant to §52 of the California Civil Code. 6 3. For attorney's fees pursuant to §52 of the Civil Code.

7 4. Damages be doubled as provided in §972 of the Labor Code.

8 5. Award of general damages in a sum according to proof.

9 6. 10 7.

Award exemplary and punitive damages against the individual Defendants. Award costs and reasonable attorney's fees and

11 8. Grant such other and further relief as the Court may deem proper and just.

12

13 WHEREFORE, PlaintiffCandii Anderson prays for judgment against the Defendants and each

14 of them as follows:

15 1. Compensate and make Plaintiff whole for all earnings, wages and other employment

16

benefits he would have received but for his harassment and retaliation by the Defenrlants.

17 2. For statuary damages pursuant to §52 of the California Civil Code.

18 3. For attorney's fees pursuant to §52 of the Civil Code.

19 4. Damages be doubled as provided in §972 of the Labor Code.

20 5. Award of general damages in a sum according to proof.

21 6. Award exemplary and punitive damages against the individual Defendants.

22 7. Award costs and reasonable attorney's fees and

23 8. Grant such other and further relief as the Court may deem proper and just.

24

25 26
27 Dated: July 22. 2002 28

Ro.,..,tfully submitted.~
&kR1 . ~
iLLHENCE JR. (I
Attorney for Piaintiff,

CASE NO.:

18
COMPLAINT FOR DAMAGES; SEXUAL DISCRIMINATION, HARASSMENT AND RETALIATION.

• Case 2:02-cv-07117-WJR-VBK

. . Document 14

AnORHEY OR PMTYWITl10UT ATIORNEY (1IIatt»,"" blrNnt:let'. ¥Id .oaress):
BILL HENCE,JR., ESQ.

-(SBN #194033)

HENCE & ASSOCIATES

3255 WILSHIRE BLVD., SUITE 1520

LOS ANGELES, CALIFORNIA 90010-1414 TElEPHO~ NO.: (213) 388 -8892 FAX NO

ATTORNEY FOR (N,"",). PLAINTIFF

tlSEFIT NAME OF COURT. JUOICIAL DISTRICT, AND BRANCH COURT, IF ANY
LOS ANGELES SUPERIOR COURT-UNLIMITED
Central District

CASE NAME. SCOTT vs. CHEAP TICKETS, INC. et al.

•Filed 11/04/2002

Page 37 of 39
, "
982.2(b)(1

FOR COURT uSE ONLY

CONFORMED COpy
OF ORIGINAL FILED Los Angeles Superior Cuurt

JUl 2 4 2002

John A. Clarke, Executive Officer/Cieri<
By CHARtfS?olEMAN Depu~,

CIVIL CASE COVER SHEET

o m Limited

Unlimited

0 o Complex Case Designation

Counter

Joinder

Filed with first appearance by defendant

(Cal. Rules of Court, rule 1811)

CASE NUMBER
ASSIGNED JUOG~ C:27828G

Please como/ete al/ five (5) items below.

1. Check one box below for the case type that best describes this case:

oAuto Tort Auto (22)

0 Other employment (15)
Contract

o Writ of mandate (02) o Other judicial review (39)

Other PVPDiWD (Pel"$onal Injury/Property r-] Breach of contracVwarranty (06) Provisionally Complex Civil Litigation

DamageiWrongful Death) Tort
o D Asbeslos (04)

Colleclions (e.g.• money owed. open book accounls) (09)

o o Producillabtlity (24)

Insurance coverage (18)

o o Medical malpractice (45)

Other contract (37)

o Other PllPOiWO (23)

Real Property

o Non.pVPDiWD (Other) Tcrt o Business tort/unfair buSIness practice (07)

Eminent domain/Inverse condemnation (14)

m o Civil rights (e.g., discriminalion, false alTOst) (08)
o o Defamation (e.g, slander, libel) (13)

Wrongful eviction (33)
Other real property (e.g.. quiel Iitle) (26)

o Fraud (16)

Unlawful Detainer

o o Inlellectual property (19)

Commercial (31)

o o Professional negligence (e.g., legal o malpractice) (25)

Residential (32) Drugs (38)

o Other non·PIIPDiWO tort (35)

Judicial Review

o Employment

Asset fotfeilure (05)

o o Wrongful termination (36)

Petition reo arbitration award (11)

(Cal. Rules of Court, rules 1800 -1812 )
o AntilrusVTrade regulation (03) o Construction defect (10) o Claims involving mass tort (40) o Securities litigation (28)
BToxic iorVEnvironmenlal (30) Insurance coverage claims arising from the above listed proVlslonally complex case types (41)
oEnforcement of Judgment Enfon:ement of judgment (e.g., sisler slale, foteign, out-of·counly abstracls) (20)
Miscellaneous Civil Complaint
o RICO (27) o Other complainl (not specified above) (42)
Miscellaneous Civil Petition
o Partnership and corpo<ale govemance (21) o Other petition (not specified above) (43)

0 m 2. This case

is

is not complex under rule 1800 of the Califomia Rules of Court. If case is complex, mark the factors

requiri ng exceptional judicial management:

0 0 a.

Large number of separately represented parties d.

Large number of witnesses

0 0 b.

Extensive motion practice raising difficult or novel e.

Coordination and related actions pending in oneor more courts

issues that will be time-consuming to resolve

0 c.

Substantial amount of documentary evidence

in other counties, states or countries, or in a federal court

0 f.

Substantial post-disposition judicial disposition

m 0 0 3. Type of remedies sought (check al/ that apply):

a.

monetary b.

nonmonetary; declaratory or injunctive relief c.

punitive

0 m 4. Number of causes of action (specify): SEVEN

5. This case

is

is not a class action sui!.

Date: JULY 24, 2002

B. .IL.L.

HEN
, , "

C.

E.

,.J.R..,.

.ES.Q.

•

"

(TYPE OR PRINT NAME)

NOTICE • Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
under the Probate, Family, or Welfare and Institutions Code). (Cal. Rules of Court, rule 982.2.)
• File this cover sheel in addition to any cover sheel required by local court rule.

• If thIS case is complex under rule 1800 et seq. of the Califomia Rules of Court, you must serve a copy of thiS cover sheel on all other parties 10 the action or proceeding.
• Unless Ihis IS a complex case, this cover sheet shall be used for statistical purposes only.

• Case 2:02-cv-07117-WJR-VBK

. .. Document 14 ,

• Filed 11/04/2002

. . Page 38 of 39 "

PROOF OF SERVICE
§1013a (3) CCP (revised 5/1/88) 2

3

STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

4

I am employed in the County of Los Angeles, State of California. I am over the age of 18

and not a party to the within action; my business address is 3255 Wilshire Boulevard, Suite 1520,

5 Los Angeles, California 90010.

6

1, On October 2002, I served the foregoing document described as MOTION FOR

PERMISSION TO FILE COMPLAINT IN INTERVENTION (F.R.C.P., Rule 24);

7 DECLARATION OF BILL HENCE, JR.; AND MEMORANDUM OF POINTS AND

AUTHORITIES; COMPLAINT IN INTERVENTION CIVIL RIGHTS SEXUAL

8 HARASSMENT; SEX-BASED HARASSMENT; SEXUAL DISCRIMINATION;

RETALIATION 42 USc. 2000e et seq. Violation of Government Code Sections 12940, et

9 seq.;PLAINTIFFIN INTERVENTION CERTIFICATION AS TO INTERESTED PARTIES

PURSUANT TO LOCAL RULE 83-1.5 by placing the true copies thereof enclosed in sealed

10 envelopes addressed as follows:

PLEASE SEE ATTACHED SERVICE LIST

11

BY MAIL

12

I deposited such envelope in the mail at Los Angeles, California. The envelope was

mailed with postage thereon fully prepaid.

13

As follows: I am "readily familiar" with the firm's practice of collection and

processing correspondence for mailing. Under that practice it would be deposited

14

with the U.S. Postal Service on that same day, with postage thereon fully prepaid at

Los Angeles, California, in the ordinary course of business. I am aware that on

15

motion of the party served, service is presumed invalid ifpostal cancellation date or

postage meter is more than one day after the date of deposit for mailing in affidavit.

16

BY FAX

17

I transmitted, pursuant to Rules 2001 et seq., the above-described document by facsimile

machine (which complied with Rule 2003(3», to the above-listed fax number(s). The

18

transmission originated from facsimile phone nwnber (213) 384-2083 and was reported as

complete and without error. The facsimile machine properly issued a transmission report,

19

a copy ofwhich is attached hereto.

20 X- BY PERSONAL SERVICE - L I delivered such envelope by hand to the offices of the addressee.
21

22

23
24 l
25

(State) I clare under penalty ofperjury under the laws of the State of California that above
is true a d correct (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.

26

27

28

• Case 2:02-cv-07117-WJR-VBK

. . . Document 14

•Filed 11/04/2002

Page 39 of 39
•n ,

SERVICE LIST

2

3
CAROLYN ALIFRAGIS, ESQ. 4 PAUL, HASTINGS, JANOFSKY & WALKER LLP
515 SOUTH FLOWER STREET, 25TH FLOOR 5 LOS ANGELES, CA. 90071-2228

Attorney for Defendant, CHEAP TICKETS, INC.

6 ANTHONY J. TURNER, ESQ.
7 DELAHOUSSAYE-TURNER
10801 NATIONAL BOULEVARD, SUITE 545 8 LOS ANGELES, CA. 90064-4134

Attorney for Plaintiff and/or Plaintiff In Intervention CANDII ANDERSON

9
SUE J. NOH, Trial Attorney 10 ANNA Y. PARK, Regional Attorney
GREGORY L. McCLINTON, Trial Atty. 11 UNITED STATES GOVERNMENT E,E,O,C.
255 E. TEMPLE STREET, 4TH FLOOR 12 LOS ANGELES, CA. 90012

Attorney for Plaintiff, UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

l3

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

 
 • Case 2:02-cv-07117-WJR-VBK

Document 16

•Filed 11/04/2002

Page 1 of 11

1 Anthony J, Turner, #139355 Audre Delahoussaye-Turner# 137069
2 DELAHOUSSAYE-TURNER & TURNER 10801 National Blvd.,
3 Suite 545 Los Angeles, CA 90064
4
Attorneys for Plaintiff 5 Charging Party Candii Anderson

6

7

8

f"~
, '

9

( -

C·

10

f

--.t1'riority
..2S... Send

UNITED STATES DISTRICT COURT

_Clsd _ Enter

-- CENTRAL DISTRICT OF CALIFORNIA

JS-5/JS·6 JS-2/JS·3

,11 UNiTED STATES EQUAL EMPLOYMENT 12 OPP,,~. RTUNITY COMMISSION, Plaintiff,
13

14

'IS.

15 CHEAP TICKETS, INC. d/b/a/ CHEAP TICKETS, CENDANT

16 CORPORATION, d/b/a CENDANT and DOES 1-10, Inclusive.,

17

,

Defendants.

18

CANDII ANDERSON, an individual,
19

20

Plaintiff in Intervention,

21
vs.

22
CHEAP TICKETS, INC. d/b/a/ 23 CHEAP TICKETS, CENDANT
CORPORATION, d/b/a CENDANT and 24 DOES 1-10, Inclusive.,

Case No.: 02-7117WJR (VBKx) (Complaint filed: 9/12/02
COMPLAINT IN INTERVENTIONCIVIL RIGHTS SEXUAL HARRASSMENT; SEX-BASED HARASSMENT; SEXUAL DISCRIMINATION; RETALIATION
42 U.S.C.,§ 2000e, et seq. Violations of California Government Code 12940, et seq.
DEMAND FOR TRIAL BY JURY
Assigned Judge: The Honorable William J. Rea

C is 1 "J ~ l .. IV ~ ,"" I .• ,' , .

'I

!~~-8~ l L....l .........

I

I

25

Defendants,

IV:'~

Complaint in Intervent~on - Page 1

• Case 2:02-cv-07117-WJR-VBK

Document 16

•Filed 11/04/2002

Page 2 of 11

1

NATURE OF THE ACTION

2

Plaintiff in Intervention and Charging Party Candii

3 Anderson, pursuant to 42 U.S.C.A § 2000e-5 (f) (1) intervenes In

4 this sexual harassment, sex-based harassment, and retaliation

5 action brought by the United States Equal Employment Opportunity

6 Commission (hereinafter, the "Commission") under Title VII of

7 the

Rights Act of 1964, as amended, against Defendant

8 CHEAP TICKETS, INC. d/b/a/ CHEAP TICKETS, CENDANT CORPORATION,

9 d/b/a CENDANT (hereinafter, "Defendant Employers"), to correct

10 unlawful employment practices on the basis of sex and to provide

11 appropriate relief to the Plaintiff in Intervention and Charging

12 Party Candii Anderson, and a class of similarly situated 13 employees who were adversely affected by such practices

14 including Plaintiff in Intervention herein.
15

16

JURISDICTION AND VENUE

17

1. Jurisdiction of this Court is invoked pursuant to 28

18 U.S.C. §§ 451, 1331, 1337, 1343, 1345, and 1367.

19

2. The employment practices alleged herein to be unlawful

20 were committed within the jurisdiction of the United States

21 District Court for the Central District of California.
22

23

PARTIES

24

3. At all relevant times, Plaintiff in Intervention and

25 Charging Party Candii Anderson worked for the Defendant

Comp1alnt ln Intervention - Page 2

• Case 2:02-cv-07117-WJR-VBK

Document 16

•Filed 11/04/2002

Page 3 of 11

1 Employers in the State of California, County of Los Angeles, in

2 the City of Los Angeles and is an aggrieved party authorized to

3 intervene under 42 U.S.C., § 2000e-5 (f) (1).

4

4 • At all relevant times, Defendant Employers have

5 continuously been and are now doing business in the State of

6 California and the City of Los Angeles; and at all relevant

7 times, Defendant Employers have continuously employed fifteen

8 (15) or more persons.

9

5. Plaintiff is ignorant of true names and capacities of

10 Defendant Employers, sued as Does 1 through 10, inclusively, and

11 therefore, Plaintiff in Intervention and Charging Party Candii

12 Anderson sues said Defendant Employers by such fictitious names.

13 Plaintiff in Intervention and Charging Party Candii Anderson

14 reserves the right to amend the complaint to name the Doe

15 Defendant Employers individually or corporately as they become

16 known. Plaintiff in Intervention and Charging Party Candii

17 Anderson alleges that each of the Defendant Employers named as

18 Does was ln some manner responsible for the acts and omissions

19 alleged herein and Plaintiff in :ntervention and Charging Party

20 Candii Anderson will amend the complaint to allege such

21 responsibility when same shall have been ascertained.

22

6. It is further alleged on information and belief that

23 the unnamed defendants are mere alter egos of the Defendant

24 Employer, Cheap Tickets Incorporated and Cendant Corporation.

25 The remaining defendants are properly named in the complaint.

Complaint in Intervention - Page 3

• Case 2:02-cv-07117-WJR-VBK

Document 16

•Filed 11/04/2002

Page 4 of 11

1

7. All of the acts and failures to act alleged herein

2 were duly performed by and attributable to Defendant Employers l

3 each acting as a successor I agent I employee or under the

4 direction and control of the others l except as specifically

5 alleged otherwise. Said acts and failures to act were within

6 the scope of such agency and/or employment I and each Defendant 7 Employers participated in l approved and/or ratified the unlawful 8 acts and omissions by other Defendant Employers complained of 9 herein. Whenever and wherever reference to any act in this 10 Complaint to any act by a defendant employer or Defendant

11 Employers I such allegations and reference shall also be deemed

12 to mean the acts and failures to act of each Defendant Employers

13 acting individuallYI jointly and/or severally.

14

8. At all relevant times l Defendant Employers have

15 continuously been an employer engaged in an industry affecting

16 commerce within the meaning of § 701 (b) I (g) and (h) of Title

17 VIII 42 U.S.C. I § 2000e-1 (b) I (g) and (h) and 11 (b) I (g) and

18 (h).

19

20

EXHAUSTION OF ADMINISTRAT

21

9. Prior to institution of this lawsuit l Plaintiff in

22 Intervention and Charging Party Candii Anderson l timely filed an

23 administrative claim with the California Department of Fair

24 Employment and Housing (hereinafter I "DFEH'/) and with the 25 Commission. The DFEH issued Plaintiff in Intervention and

Compla1nt 1n Intervent10n - Page 4

• Case 2:02-cv-07117-WJR-VBK

Document 16

•Filed 11/04/2002

Page 5 of 11

1 Charging Party Candii Anderson right to sue letters and the

2 Commission thereafter assumed jurisdiction, duly conducted its

3 investigation, and being unable to eliminate the unlawful

4 employment practices alleged below through informal methods of

5 conciliation and persuasion instituted this lawsuit against

6 Defendant Employers on September 12, 2002. Plaintiff's federal

7 and pendent state claims alleged herein are now ripe for

8 decision In this court. See EEOC v. Farmers Bros. Co., 31 F.3d 9 891, 903 (9 th Cir. 1994).

10

11

STATEMENT OF FEDERAL CLAIMS

12

10. Defendant Employers have engaged in unlawful

13 employment practices at its facility in Los Angeles California,

14 in violation of § 706(f) (1) and (3) of Title VII, 42 U.S.C., §

15 5(f) (1) and in violation of the California Fair Employment and

16 Housing Act, California Government Code §§ 12900-12996 ("FEHA").

17 The unlawful sexual harassment and sex-based harassment in the

18 form of verbal, and physical harassment directed at Plaintiff In

19 Intervention and Charging Party Candii Anderson impacted the

20 terms and conditions of her employment and created a hostile

21 working environment at Defendant Employers. These practices also

22 include retaliation against the complaining party for having

23 complained about the harassment, including the termination of

24 Plaintiff in Intervention and Charging Party Candii Anderson.

25

Complaint in Intervention - Page 5

• Case 2:02-cv-07117-WJR-VBK

Document 16

•Filed 11/04/2002

Page 6 of 11

1

11. The impact of the aforementioned conduct deprived

2 Plaintiff in Intervention and Charging Party Candii Anderson of

3 equal employment opportunities and to otherwise adversely impact

4 her employment status because of her sex and also in retaliation

5 for engaging in a protected activity.

6

12. The unlawful employment practices complained of above

7 were and are willful within the meaning of § 706(f) (1) and (3)

8 of TITLE VII, 42 U.S.C., § 20005e-(f) (1) and (3).

9

13. The unlawful employment practices complained of above

10 were intentional and caused Plaintiff in Intervention and

11 Charging Party Candii Anderson to suffer emotional distress.

12

14. Defendant Employers have acted with malice or reckless

13 indifference to the federally protected rights of Plaintiff and

14 Charging Party Candii Anderson by subjecting her to harassment

15 consisting of sexually charged conduct, derogatory statements,

16 propositions for sexual favors, obscene and vulgar gestures and

17 unwelcome physical touching. The plaintiff was also sUbject to

18 retaliation for engaging in a protected activity resulting in an

19 adverse employment action.

20

15. As a further direct and proximate result of the

21 oppressive, intimidating, and unlawful conduct of Defendant

22 Employers, Plaintiff in Intervention and Charging Party Candii

23 Anderson has been forced to retain an attorney and therefore

24 requests reasonable attorneys' fees and costs.

25 II

Compla~nt in Intervention - Page 6

• Case 2:02-cv-07117-WJR-VBK

Document 16

•Filed 11/04/2002

Page 7 of 11

1

STATEHENT OF STATE CLAIHS

2

16. This court has supplemental jurisdiction over

3 Plaintiff's state claims pursuant to 28 U.S.C., § 1367 (a).

4

17. Defendant Employers have engaged in unlawful

5 employment practices at its facility in Los Angeles, California,

6 in violation of the California Fair Employment and Housing Act,

7 California Government Code §§ 12900-12996 ("FEHA"). The

8 unlawful sexual harassment, sex discrimination and sex-based

9 harassment in the form of verbal, and physical harassment

10 directed at Plaintiff in Intervention and Charging Party Candii

11 Anderson impacted the terms and conditions of her employment and

12 created a hostile working environment at Defendant Employers.

13 The Plaintiff in Intervention and Charging Party Candii Anderson

14 was also subjected to retaliation for engaging in a protected

15 activity.

16

18. In the course of Plaintiff in Intervention and

17 Charging Party Candii Anderson's employment, Defendant

18 Employers, acting by and through it's employees, supervisors

19 and/or agents, engaged in a continuing and ongoing pattern and

20 practice of unlawful sexual harassment, sex discrimination and

21 retaliation by routinely SUbjecting Plaintiff in Intervention

22 and Charging Party Candii Anderson to sexually demeaning and

23 explicit comments, gestures and other unlawful conduct. Such

24 actions, which were offensive, unwelcome, and created a hostile

25 and intimidating work environment included, without limitation,

Complaint in Intervent~on - Page 7

• Case 2:02-cv-07117-WJR-VBK

Document 16

•Filed 11/04/2002

Page 8 of 11

1 the following: sexually charged conduct, derogatory statements,

2 propositions for sexual favors, obscene and vulgar gestures, and

3 unwelcome physical touching, all in violation of Government Code

4 § 12940, et seq. The Plaintiff in Intervention and Charging

5 Party Candii Anderson was also subject to retaliation for

6 engaging in a protected activity resulting in an adverse

7 employment action.

8

19. Plaintiff 1n Intervention and Charging Party Candii

9 Anderson is informed and believes and thereon alleges that

10 Defendant Employers, and each of them, did not conduct adequate

11 investigations into Plaintiff in Intervention and Charging Party

12 Candii Anderson's complaints or take appropriate corrective

13 action to correct the hostile work environment and to ensure

14 that Plaintiff in Intervention and Charging Party Candii

15 Anderson would not be subjected to further harassment or

16 retaliatory treatment. The harassment was sufficiently

17 pervasive and severe as to alter the conditions of Plaintiff in

18 Intervention and Charging Party Candii Anderson's employment and

19 to create a hostile, intimidating and/or abusive work

20 environment.

21

20. As a direct, foreseeable, and proximate result of

22 Defendant Employers' discriminatory acts, Plaintiff in

23 Intervention and Charging Party Candii Anderson has suffered and

24 continues to suffer substantial losses in earnings and job

25 benefits, and has suffered humiliation, anxiety, embarrassment,

compla1nt 1n Interventlon - Page 8

• Case 2:02-cv-07117-WJR-VBK

Document 16

•Filed 11/04/2002

Page 9 of 11

1 mental and emotional distress, and discomfort, all to her damage

2 in an amount in excess of the minimum jurisdiction of this

3 Court, the precise amount of which will be proven at trial.

4

21. Defendant Employers committed the acts herein alleged

5 maliciously, fraudulently, oppressively, with the wrongful

6 intention of injuring Plaintiff in Intervention and Charging

7 Party Candii Anderson, and acted with an improper and evil

8 motive amounting to malice, and in conscious disregard of

9 Plaintiff's rights. Because the acts taken towards Plaintiff in

10 Intervention and Charging Party Candii Anderson were carried out

11 by employees in positions of authority, acting in a despicable,

12 deliberate, cold, callous, and intentional manner in order to

13 injure and damage Plaintiff in Intervention and Charging Party

14 Candii Anderson, who is entitled to recover punitive damages in

15 a sum to be proved by trial.

16

22. As a further direct and proximate result of the

17 oppressive, intimidating, and unlawful conduct of Defendant

18 Employers, Plaintiff in Intervention and Charging Party Candii

19 Anderson has been forced to retain an attorney and therefore

20 requests reasonable attorney's fees and costs.

21

PRAYER FOR RELIEF

22

WHEREFORE, Plaintiff in Intervention and Charging Party

23 Candii Anderson prays that judgment be entered in her favor, as

24 follows, as to Plaintiff in Intervention and Charging Party

25 Candii Anderson's state and federal claims:

Complaint ~n - Intervent~on Page 9

• Case 2:02-cv-07117-WJR-VBK

Document 16

• Filed 11/04/2002

Page 10 of 11

1

A. A permanent injunction enjoining Defendant Employers,

2 its officers, successors, assigns and all persons in active

3 concert or participation with them, from engaging In any

4 employment practices that discriminate on the basis of sex or

5 from engaglng in unlawful retaliation;

6

B. For back pay, front pay and benefits in an amount to

7 be determined by trial including prejudgment interest;

8

c. For compensatory, special and general damages In an

9 amount to be determined at trial;

10

D. For punitive damages in an amount to be determined at

11 trial;

12

E. For attorneys fees and costs of suit;

13

F. For interest, including prejudgment interest; and

14

G. For such further relief as the Court deems necessary

15

and proper under the circumstances.

16

JURY DEMAND

17

Plaintiff in Intervention and Charging Party Candii

18 Anderson requests a jury trial on all questions of fact raised 19 by her complaint.

20 DATED: October 3, 2002

21

Law Offices

Delahoussa
22

23

24

25

r

tervener

Candii Anderson

Complaint in Interventl0n - Page 10

• Case 2:02-cv-07117-WJR-VBK

Document 16

•Filed 11/04/2002

Page 11 of 11

1

2

PROOF OF SERVICE BY MAIL

3

I iU1\ over the age of 18 and not a party to this cause. I am a resident of a

employed in the county where the mailing occurred. My business address is: 4
10801 National Blvd., Suite 545
5
Los Angeles, Callfornla 90064
6
I served a copy of the following document(s):
7
Complaint in Intervention
8
by placing a true copy of each document in the United States mail, in a sealed
9
10 envelope with postage fully prepaid, as follows:

Date of Deposit: October 7, 2002
11
Place of Deposit: Los Angeles, California 12
Addressed as follows: 13

14 Anna Park, Esq.

Sue Noh, Esq.

15 Gregory McCl1nton, Esq United States Equal Employment

16

Opportunity Commission 255 East Temple Street, 4'h Floor

Los Angeles, CA 90012 17

Attorneys for Plaintiff Unl-ted States Equal Employment Opportunity Commission

18

I declare under penal ty of perjury under the laws of the State of Callform

19 that the foregoing is true and correct and that I am employed 1n the office of

20 member of the bar of this Court at whose directlon the servi

21 Dated: October 7, 2002
22
23

I Declarant

24

2S

26

27

28

 
 Case 2:02-cv-07117-WJR-VBK Document 33

•Filed 08/05/2003

Page 1 of 30

ANNA Y. PARK, SBN 164242

2 GSEULRIEEZG]A.OBNREOYTHHL.SEMBSNPCAC1RL9Z2IN1A3T.4OCENRVSBANNT1E5~35I5S3BN 205412

3 U.S. EOUAL EMPLOYMENT OPPOR,\I!.TNITY, ,~;.---Tai'i:i"i~--,

COMMISSION

\,{IOII.y-'

4 255 E. Temple StreetJ- 4th FIOOr~eI'O

Los Angeles CA 90vl2

Clsd

'J

c5:J l~'es1lempih)oe\':le:((221133))889944·1·1300812

__ €.1'\el __ S.5PS-S

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) , I

t iA~{'om'ys for Plaintiff

' - - JJS.'2.1..1S-';)

~7 'UffiTEDSTATESEQUALEMPL~ENT

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r':)

O.PPO, RTUNITY COMMISSION

i l .- .::::::,

l

~ )

;<:)~

UNITED STATES DISTRICT C

~~, I
10" ,../

CENTRAL DISTRICT OF CALIFORNIA

"

11 U.S. EQUAL EMPLOYMENT

CASE NO. CV-02-7117-WJR (VBKx)

OPPOR1UNITY COMMISSION, 12

SETTLEMENT AGREEMENT

Plaintiff, 13

Honorable Judge William 1. Rea

CANDII ANDERSON, and 14 LATASHA SCOTT,

15

Plaintiffs in Intervention,

16

vs.

17 CHEAP TICKETS, INC., et aI.,

18

Defendants.

19

This Settlement Agreement ("Agreement") is entered into by and among the

20

Equal Employment Opportunity Commission ("EEOC" or "Commission"), Cheap

21

Tickets, Inc. ("Cheap Tickets" or "Defendant"), Candii Anderson ("Anderson"),

22

and Latasha Scott ("Scott") (Anderson and Scott are collectively referred to as

23

"Intervenors"). The "Effective Date" of this Agreement shall be the day upon

24

which the Court approves it.

25

THE LITIGATION

26

Whereas, the EEOC instituted this lawsuit on September 12,2002, alleging

27

Ie, that Cheap Tickets and Cendant Corporation ("Cendant") violat~1'itle YJI

28
LA/899243 8

r
\

-

-
,

~\..~I'I::,.:'.I. ~'<-:~"':'"'-:::J:-:o"':~:_

liS _ I

AUG ::6 ~

Case 2:02-cv-07117-WJR-VBK Document 33

•Filed 08/05/2003

Page 2 of 30

Civil Rights Act of 1964 ("Title VII"), by subjecting Candii Anderson, Angel

2 Cooke, Latasha Daniels, Tynisha Hicks, Mina Howard, Theresa Martinez, Latasha

3 Scott, Nancy Webb, and a class offemale employees at Cheap Tickets' Los

4 Angeles facility to a sexually hostile work environment and that Defendant

5 unlawfully retaliated against Latasha Scott after she complairl"ed about and/or

6 rejected the sexual harassment;

7

Whereas, on October 7,2002 Candii Anderson and Latasha Scott filed

8 complaints in intervention in this action alleging that Cheap Tickets' and Cendant's

9 unlawful conduct violated the California Fair Employment and Housing Act, Cal.

10 Gov't Code Section 12940 et seq. ("FEHA"), and Title VII;

II

Whereas, Cheap Tickets and Cendant denied the allegations in the

12 complaints filed by the EEOC, Anderson, and Scott;

13

Whereas, Cheap Tickets announced in September 2001 that it would close

14 the Los Angeles facility on November 5, 2001, no longer operates the Los Angeles

15 facility (or any successor facility) and no longer employs the individuals alleged to

16 have engaged in sexual harassment or retaliation, obviating the need for a consent

17 decree or injunctive relief;

18

Whereas, because Cendant acquired Cheap Tickets' stock effective

19 October 9, 2001, one month after Cheap Tickets had announced the closure of its

20 Los Angeles facility, and because Cendant never employed the Intervenors, the

21 individuals alleged to have engaged in sexual harassment and retaliation, or any

22 other employees at Cheap Tickets' Los Angeles facility, Cendant has been

23 dismissed with prejudice from this action; and

24

Whereas, in the interest of resolving this matter without further litigation and

25 following comprehensive settlement negotiations, the EEOC, the Intervenors, and

26 Cheap Tickets agree that this action shall be fully and finally resolved by this

27 Agreement.

28

LA/89924J 8

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• Case 2:02-cv-07117-WJR-VBK

Document 33

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Page 3 of 30

Whereas, to effectuate the distribution of the monetary payments hereunder,

2 Paul, Hastings, Janofsky & Walker LLP shall act as Escrow Agent pursuant to the

3 terms hereof and the Escrow Agreement attached hereto and incorporated herein by

4 this reference as Exhibit "A."

5

NOW, THEREFORE, THE EEOC, INTERVENORS, AND CHEAP

6 TICKETS AGREE AS FOLLOWS:

7

8

NO ADMISSION OF LIABILITY

9 1. The Parties are entering into this Agreement to avoid the time and expense of

10 protracted litigation. Neither this Agreement nor the payment of any money is or

11 shall be construed as an admission by any party as to the claims or defenses of any

12 other party.

13

14

RESOLUTION OF CLAIMS

15 2. The Parties agree that this Agreement resolves all claims arising out of

16 EEOC Charge No. 340A12741 and the complaints filed in this action, and

17 constitutes a complete resolution of all claims under Title VII relating to

18 Defendant's Los Angeles facility that were or could have been made by the

19 Commission, and that were made or could have been made by Plaintiffs-Intervenors

20 in this action. The released parties are Cheap Tickets, all of its past, present, and

21 future officers, employees, representatives, agents, insurers, employee benefit

22 programs (and the trustees, administrators, fiduciaries, and insurers of such

23 programs), and any other persons acting by, through, under, or in concert with any

24 of them, and their successors and assigns. This Agreement, however, does not

25 resolve any future charges that may be filed with the Commission.

26 3. In return for the monetary payments described below, the Parties agree that

27 upon the Court's review and approval of this Agreement, this action shall be

28 dismissed in its entirety with prejudice, subject to the Court's retaining jurisdiction

LAi"'2'] ,

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• Case 2:02-cv-07117-WJR-VBK

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1 to enforce the tenns of this Agreement. The Commission, Cheap Tickets, and each

2 of the Intervenors shall bear her or its own attorneys' fees and costs.

3

4

MONETARY RELIEF

5 4. Cheap Tickets agrees to pay an aggregate sum of One Million One Hundred

6 Thousand Dollars ($1,100,000.00) to resolve and settle this lawsuit (and all other

7 claims as described in the Individual General Release and Settlement Agreements

8 described below), such amount to be distributed as outlined below. Upon entry and

9 approval of this Settlement Agreement by the Court, Cheap Tickets shall, within

10 three (3) business days, deposit with Paul, Hastings, Janofsky & Walker LLP

11 ("Escrow Agent") the sum of One Million One Hundred Thousand Dollars

12 ($1,100,000.00) (the "Escrowed Funds") by wire transfer to the Account described

13 in the Escrow Agreement. The Escrow Agent shall distribute the Escrowed Funds

14 in accordance with this Settlement Agreement and the Escrow Agreement.

15

a. Named Claimants

16

Within twenty (20) days of: (l) the effective date of this Agreement, and (2)

17 its receipt of an Individual General Release and Settlement Agreement ("Release

18 Agreement") prepared by Defendant and executed by the following claimants (the

19 "Named Claimants"), whichever is later, Escrow Agent shall deliver to such Named

20 Claimants for alleged emotional distress, payments in the amounts of One Hundred

21 Twenty-Five Thousand Dollars ($125,000.00) payable to Latasha R. Scott and the

22 Law Offices of Hence & Associates, Two Hundred Seventy-Five Thousand Dollars

23 ($275,000.00) to Candii Anderson and her attorney, Audre Delahoussaye-Turner,

24 and Four Hundred Thousand Dollars ($400,000.00) to be allocated and distributed

25 among the remaining Named Claimants, Mina Howard, Tynisha Hicks, Angel

26 Cooke, Latasha Daniels, Theresa Martinez, and Nancy Webb, as detennined by the

27 Commission.

28

LAf89924l.8

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Page 5 of 30

1

Within fifteen (15) days after the Effective Date, the Commission shall mail

2 to each of Mina Howard, Tynisha Hicks, Angel Cooke, Latasha Daniels, Theresa

3 Martinez, and Nancy Webb a letter containing the following information: (I )."that

4 she has been designated as a Named Claimant in this Agreement; (2) the amount of

5 monetary relief to which she will be entitled; (3) a copy of the Release Agreement

6 that she must sign in order to obtain monetary relief under this Agreement; (4) a

7 statement that the EEOC is not advising her in any way regarding the separate

8 Release Agreement she signs with Cheap Tickets to the extent that it requires the

9 release of claims not brought in this lawsuit; (5) a statement that she should seek

10 advice of an attorney regarding the Release Agreement; (6) a statement that she

II may seek up to two (2) hours of advice regarding the Release Agreement from

12 attorneys Anthony Turner and/or Audre Delahoussaye-Turner at no cost to her; and

13 (7) notification that to be eligible to obtain relief under this Agreement the executed

14 Release Agreement must be returned to the EEOC within thirty (30) days. The

15 letter will also inform her that any monetary payments received pursuant to this

16 Agreement may be subject to mandatory federal, state and local income tax, and

17 that she should consult a tax advisor with any questions. The Commission will

18 forward the original executed Release Agreements to Defendant and copies of the

19 executed Release Agreements to the Escrow Agent.

20

Within three (3) business days of the issuance, Escrow Agent shall submit a

21 copy of each check and related correspondence to the Regional Attorney, United

22 States Equal Employment Opportunity Commission, 255 East Temple Street,

23 Fourth Floor, Los Angeles, CA 90012. Escrow Agent shall prepare and distribute

24 1099 tax reporting forms for the calendar year of payment to each Named Claimant

25 in the normal course of business and shall make appropriate reports to the Internal

26 Revenue Service and other tax authorities.

27

28

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Page 6 of 30

I

b. Unidentified Claimants

2

In addition to the amounts to be paid to the Named Claimants above;

3 Defendant agrees to pay the sum of Three Hundred Thousand Dollars

4 ($300,000.00) (the "Unidentified Claimants Fund") to be distributed to all "Eligible

5 Claimants" in accordance with the following procedures and guidelines.

6

i) Procedures to Identify Eligible Claimants

7

Within ten (10) business days of the Effective Date, Defendant shall deliver

8 to the Commission a list of all female employees (including full-time, part-time and

9 temporary) who were employed by Defendant at its Los Angeles facility at any time

10 on or after October 6,2000, along with their last known address, telephone number

11 and social security number. Upon receipt of the list offemale employees, the

12 Commission will send to each female employee, other than the Named Claimants, a

13 letter notifying the addressee of this lawsuit and settlement and providing a Claim

14 Form (hereinafter referred to as "Notification Packet"), copies of which are

15 attached as Exhibit "B," and requesting a response within thirty (30) days.

16

With respect to each Notification Packet that is returned undeliverable, the

17 Commission will trace through search databases to find a more recent address for

18 the employees. The Commission shall send a second Notification Packet to the

19 new addresses requesting a response within thirty (30) days.

20

ii) The Commission's Determination of Eligibility and

21

Computation of Claims

22

Eligible Claimants shall include only those Claimants who satisfy each and

23 all of the following criteria:

24 a. Claimant provided a timely Claim Form to the Commission, in
25 accordance with the procedures set forth in this Agreement;
26

27

b. The Claim Form provides, or the Commission otherwise

28
LNS99243.S

obtains, credible evidence that the Claimant was subjected to
-6-

• Case 2:02-cv-07117-WJR-VBK

Document 33

•Filed 08/05/2003

Page 7 of 30

sexual harassment or was retaliated against for complaining of

2

sexual harassment; and

3 c. The Claimant has not previously signed a release which would
4 cover the actions complained of by the Claimant.
5

6

Acting in its discretion, the Commission shall exclusively determine the

7 eligibility of Claimants for relief under this Agreement. In determining eligibility,

8 the Commission shall consider the following factors: (a) severity of the alleged

9 harassment or retaliation; (b) duration of the alleged harassment or retaliation; and

10 (c) nature of the alleged harassment suffered as a result (e.g., whether the Claimant

11 was subjected to physical touching of a sexual nature or to sexually charged

12 comments).

13
Acting in its discretion, the Commission shall exclusively determine the 14
portion of the Unidentified Claimants Fund that will be allocated to each of the IS
Eligible Claimants. The amounts allocated to each Eligible Claimant shall reflect 16
the factors enumerated above. This Agreement contemplates that there may be 17
significant differences in awards to Eligible Claimants, but the maximum award for 18
any individual Eligible Claimant shall not exceed the maximum monetary amount 19
provided for compensatory and/or punitive damages in 42 U.S.C. § 1981 a (b) (3). 20
Within ninety (90) days after the deadline for receipt by the Commission of 21
all returned Claim Forms (including Claim Forms sent to new addressees), the
22
Commission shall make its determination as to the eligibility of each Claimant who 23
has timely submitted a Claim Form to the Commission. The Commission shall then 24
make its final determinations as to Claimant eligibility and the amount of monetary
25
relief, if any, to be awarded to Eligible Claimants from the Unidentified Claimants 26
Fund. The Commission will notify the Defendant and Escrow Agent of its 27
determinations.
28

LAlS9924J.S

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• Case 2:02-cv-07117-WJR-VBK

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Page 8 of 30

I

iii) Notification of Eligibility

2

Within thirty (30) days after the Commission's final determination on the

3 Unidentified Claimants Fund distribution described above, the Commission shall

4 mail to each Eligible Claimant, a letter containing the following information:

5 (I) that she has been designated as an Eligible Claimant to be awarded relief;

6 (2) the amount of monetary relief to which such person will be entitled; (3) a copy

7 of the Release Agreement the Eligible Claimant must sign in order to obtain

8 monetary relief under this Agreement; (4) a statement that the EEOC is not advising

9 her in any way regarding the separate Release Agreement she signs with Cheap

10 Tickets to the extent that it requires the release of claims not brought in this lawsuit;

II (5) a statement that the Eligible Claimant should seek advice of an attorney

12 regarding the Release Agreement; (6) a statement that the Eligible Claimant may

13 seek up to two (2) hours of advice regarding the Release Agreement from attorneys

14 Anthony Turner and/or Audre Delahoussaye-Turner at no cost to the Eligible

15 Claimant; and (7) notification that to be eligible to obtain relief under this

16 Agreement the executed Release Agreement must be returned to the EEOC within

17 thirty (30) days. The letter will also inform each Eligible Claimant that any

18 monetary payments received pursuant to this Agreement may be subject to

19 mandatory federal, state and local income tax and that she should consult a tax

20 advisor with any questions. The EEOC will also notify individuals who filed Claim

21 Forms and were not deemed Eligible Claimants by the Commission.

22

iv) Notification ofIneligibility

23

Within thirty (30) days after the Commission's final determination, the

24 Commission shall provide to Defendant, for each individual whom the Commission

25 determined not to be an Eligible Claimant, the following information: the name of

26 the individual, the date the Commission received the individual's Claim Form, a

27 copy of the individual's Claim Form, any additional documents provided by the

28 individual, the fact that the Commission determined that the individual was not an

LA/89924J.8

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• Case 2:02-cv-07117-WJR-VBK

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Page 9 of 30

Eligible Claimant, and the date the individual was notified of the Commission's

2 detennination.

3

v) Distribution of Final Settlement Amounts

4

Within twenty one (21) days of the date upon which all executed Release

5 Agreements must be returned to the Commission, the Commission will send the

6 original executed Release Agreements to the Defendant, and copies of the Release

7 Agreements to the Escrow Agent. Within twenty (20) days of its receipt of the

8 Release Agreements, Escrow Agent shall deliver payment to each Eligible Claimant

9 who signed a Release Agreement. Payment shall be mailed directly to each such

10 Eligible Claimant to an address supplied by the Commission. Within three (3)

II business days of the issuance, Escrow Agent shall submit a copy of each check and

12 related correspondence to the Regional Attorney, United States Equal Employment

13 Opportunity Commission, 255 East Temple Street, 4th Floor, Los Angeles, CA

14 90012. In addition, Escrow Agent shall prepare and distribute 1099 tax reporting

15 fonns for the calendar year of payment to each Eligible Claimant in the nonnal

16 course of business and shall make appropriate reports to the Internal Revenue

17 Service and other tax authorities.

18

Escrow Agent shall notify the Commission in writing of any checks that are

19 returned. The Commission may take further steps to track those Eligible Claimants

20 who did not receive their settlement checks provided that the award to any Eligible

21 Claimant who cannot be found will expire six (6) months after the initial attempt at

22 distribution of the settlement check and any amount not paid to such Claimant shall

23 be added to any funds to be distributed to the California Women's Law Center.

24

vi) Allocation to Charitable, Non-Profit or Not-For-Profit

25

Organization

26

If the Unidentified Claimants Fund is not completely depleted after the

27 procedures outlined in the above paragraphs, the remainder of the Unidentified

28 Claimants Fund will be given to the California Women's Law Center.

LA/899243.g

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• Case 2:02-cv-07117-WJR-VBK

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•Filed 08/05/2003

Page 10 of 30

1

vii) Notice of Rejection of Settlement

2

The Commission shall provide to Defendant, within sixty (60) days of the

3 date upon which all Release Agreements must be returned to the Commission, the

4 following information regarding each individual whom the Commission determines

5 to be an Eligible Claimant, but who refuses to participate in this settlement: the

6 name of the individual, the date the Commission received the individual's Claim

7 Form, a copy of the individual's Claim Form, any additional documents provided

8 by the individual, the amount of the Unidentified Claimants Fund to be allocated to

9 the individual, the date the individual notified the Commission that she would not

10 participate in the settlement, and copies of correspondence from the individual

11 regarding her reasons for refusing to participate in the settlement, or her rejection of

12 the settlement amount. In the event the individual does not provide such

13 documentation, the Commission shall provide a copy of a letter confirming the

14 individual's refusal to participate or rejection of the settlement amount.

15 5. Costs Associated with the Unidentified Claimants Fund

16

Each party shall bear the costs associated with carrying out its obligations

17 under this Agreement. For example, Defendant shall bear all costs associated with

18 the distribution of monies to Eligible Claimants as described in Sections A and B(v)

19 and (vi) (Le., issuance and delivery of the settlement checks from the Unidentified

20 Claimants Fund, 1099 forms, and any costs and fees associated with escrow on the

21 Unidentified Claimants Fund), and the EEOC shall bear all costs associated with

22 the mailing of notices, Notification Packets, and Release Agreements to, and

23 determining the whereabouts and eligibility of, potential and/or actual claimants, as

24 described in Sections B(i)-(iv) and (vii).

25

26

PUBLIC ANNOUNCEMENT OF SETTLEMENT

27 6. The Parties have agreed that, following the Court's approval of this

28 Agreement, the EEOC will issue a press release in the form attached as Exhibit "C"

LAl89924J.8

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• Case 2:02-cv-07117-WJR-VBK

Document 33

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Page 11 of 30

1 announcing the settlement of this action. No press release or any other public

2 announcement regarding settlement shall be made until after the Court's approval

3 of this Agreement. The EEOC will notify counsel for Cheap Tickets prior to the

4 issuance of the press release.

5

MISCELLANEOUS

6 7. This Agreement and the Escrow Agreement constitute the complete

7 understanding of the Parties with respect to the matters contained within them. No

8 waiver, modification or amendment of any provision of this Agreement will be

9 effective unless made in writing, signed by an authorized representative of each of

10 the Parties, and approved by the Court.

II 8. If one or more provisions of the Agreement are rendered unlawful or

12 unenforceable, the Parties shall make good faith efforts to agree upon appropriate

13 amendments to this Agreement in order to effectuate the purposes of the

14 Agreement. If the Parties are unable to reach an agreement, the Court shall order

IS appropriate alternative provisions in order to effectuate the purposes of the

16 Agreement. Should one or more provisions of this Agreement be deemed unlawful,

17 all other lawful and enforceable provisions will remain in full force and effect.

18 9. The terms of this Agreement are and shall be binding upon the present and

19 future representatives, agents, directors, officers, assigns, and successors of

20 Defendant.

21 10. When this Agreement requires the submission by Defendant of information

22 or correspondence to the EEOC, they shall be mailed to: Regional Attorney, United

23 States Equal Employment Opportunity Commission, 255 East Temple Street, 4th

24 Floor, Los Angeles, CA 90012. When this Agreement requires submission by the

25 EEOC of information or correspondence to Defendant, they shall be mailed to:

26 James Zapp, Paul, Hastings, Janofsky & Walker LLP, 515 South Flower Street,

27 25th Floor, Los Angeles, CA 90071.

28
LAl899243.8

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• Case 2:02-cv-07117-WJR-VBK

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Page 12 of 30

1 11. Cheap Tickets represents and warrants as follows as of the date of this

2 Settlement Agreement:

3

a. Cheap Tickets is a corporation duly organized, validly existing and in

4

good standing under the laws of the state of its incorporation, and has the

5

corporate power and authority to enter into and perform its obligations under

6

this Settlement Agreement.

7

b. The execution and delivery of this Settlement Agreement, and the

8

performance of the obligations of Cheap Tickets hereunder, have been duly

9

authorized by all necessary corporate action on the part of Cheap Tickets.

10

c. This Settlement Agreement constitutes the legal, valid and binding

11

obligation of Cheap Tickets, and is enforceable against Cheap Tickets in

12

accordance with its terms.

13 12. This Agreement may be executed in two or more counterparts, some of

14 which may be signed by fewer than all the parties or may contain facsimile copies

15 III

16 III

17 III

18 III

19 III

20 III

21 III

22 III

23 III

24 III

25 III

26 III

27 III

28 III

LAl899243 8

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• Case 2:02-cv-07117-WJR-VBK

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Page 13 of 30

1 of pages signed by some of the parties. Each of those counterparts will be deemed

2 to be an original copy of this Agreement, but all ofthem together will constitute

3 one and the same agreement.

4

5

For Plaintiff EEOC: U.S. EQUAL EMPLOYMENT

6 OPPORTUNITY COMMISSION Anna Y. Park

7 Sue 1. Noh

Gregory L. McClinton

8

Elizabeth Esparza-Cervantes

FV 9 By: gz1i$l;~-

10

Anna . Park
Date: OtA/~ Lj( 2003-

11

12

For Defendants CHEAP TICKETS, INC.:

13

James A. Zapp

Carolyn Alifragis

14

By: ~__~~___________

15

James A. Zapp

16 Date: _ _ _ _ _ _ _ _ __

For Plaintiff in Intervention CANDII

ANDERSON:

OUSz;l DELAHOUSSAYE-TURNER &

TURNER

Audre De

y-T e

Anthon mer

By:

~

-

Audre Dela ssaye-Turner

Date: _____________

For Plaintiff in Intervention LATASHA SCOTT: HENCE & ASSOCIATES
Bill He ce

17

18 For Escrow Agent PAUL, HASTINGS, JANOFSKY, & WALKER LLP:

19

James A. Zapp

Carolyn Alifragis 20

21

By: ~__~~____________ James A. Zapp

22 Date: _ _ _ _ _ _ _ _ __

23

24

IT IS SO ORDERED.

25 Dated: AugustL2003

26

27

28

LAl899243.g

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I. O&/04/20CDa3se122:3:032-FcAvX-0271131672-7WO JR~ -VBK DoPcAuUmL eHnAtS3TI3NGS F#5iled 08/05~ /2003 Page 14 of 30I4J 002 •

AUl"04-2003 1111.,m Frol"LEGAL UNIT

Z13-8Q4-UOI

T-535 p.aDS/003 F-435

I

1 ofpages signed by some ofthe parties. Each ofthose counterparts will be deemed

2 to be an origjn.a1 copy of this Agreement, but all of them together will constitute

3 one and the same agreement.

4

5 For Plaintiff EEOC:

U.S. EQUAL EM:PLOYMENT

6 OPPORTUNITY COMMISSION

AnnaY,Park

7 Sue J. Noh

8

Gregory L. McClinton Elizabeth Espar",a-Cervantes

9 By: ~1- 7foc
10 Date: An~ na . Park ~It 2003.
II

12 For Defendants CHEAP TICKETS, INC.:
13 James A. Zapp
CarolYll Alifragis 14

For Plaintiff in Intervention CANDn
ANDERSON: DBLAHOUSSAYE-'TIJRNER &
TURNER
Aud.re De Anthon ./ff'V._

By:

~~~~(!:::'.:::.~=== Audre Delil.lml~saye.Turner

Date: _ ~. _ _ _ _ _ _ __

For Plaintiff in Intervention LATASHA
SCOTI': HENCE & ASSOCIATES
Bill Hence

15 16 Date: ~~~:::.J..._....t.,.~!:::,,!:,J.-_

17
1B For Escrow Agent PAUL, HASTINGS, JANOFSKY, & WALKER LLP:
19 James A. Zapp 20 Carolyn Alifi:agis
21 By: ~~~~~~I.~r:LL/?_
22 Date: 'C:::!~6::!<:!!:::"'_!,......J~:'::"::::'-_

23

24

IT IS SO ORDERED.

2S Dated: August _-' 2003

26

27

28

Bon. Wilham J. Rea United States District Judge

• Case 2:02-cv-07117-WJR-VBK

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ESCROW AGREEMENT

2

This Escrow Agreement dated August 1, 2003 ("Escrow Agreement"), is by and among

3 the United States Equal Employment Opportunity Commission ("EEOC"), Cheap Tickets, Inc.

4 ("Cheap Tickets"), Candii Anderson ("Anderson"), Latasha Scott ("Scott"), and Paul, Hastings,

5 Janofsky & Walker LLP, as escrow agent (the "Escrow Agent").

6

RECITALS

7

A. The EEOC, Cheap Tickets, Anderson, and Scott have entered into that certain

8 Settlement Agreement (the "Settlement Agreement"), resolving Case No. 02-7117-WJR (VBKx)

9 filed in the U.S. District Court for the Central District ofCalifomia.

l O B . This Escrow Agreement is an Exhibit to and is incorporated by reference into the

11 Settlement Agreement.

12

C. The parties to the Settlement Agreement desire to have the Escrow Agent hold the

13 monies to be distributed pursuant to the Settlement Agreement until such monies are fully

14 distributed in accordance with the terms of the Settlement Agreement.

15

D. Unless otherwise specified, capitalized terms used herein and not defined will have

16 the same meanings ascribed to such terms in the Settlement Agreement.

17

NOW THEREFORE, in consideration of the mutual agreements herein contained and

18 other good and valuable consideration, receipt of which is hereby acknowledged, the parties

19 hereto agree as follows:

20

ESCROW ARRANGEMENT

21

I. The parties hereto create an escrow arrangement for the benefit of the parties to the

22 Settlement Agreement for the purpose of providing a mechanism to facilitate the distribution of

23 the payments to be made to the Named and Eligible Claimants.

24

2. Within five (5) calendar days foJlowing approval and entry of the Settlement

25 Agreement by the Court, Cheap Tickets shall deposit with the Escrow Agent the sum of One

26 Million One Hundred Thousand Dollars ($1, I00,000.00) (the "Escrowed Funds") by wire

27 transfer to Escrow Agent's account at Bank of America, ABA No. 121000358,525 South Flower

28 Street, Los Angeles, CA 90071, Account No. 14599-04796, Account Name: Paul, Hastings,

lAICHEAP TICKETS scon . Escl1)W Agreement(v4)080103-.wpd

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Janofsky & Walker LLP, (the"Account"). The Account is a so-called "attorneys' trust account"

2 or "attorneys' clients' funds account" which is a segregated account in which funds which are not

3 the property of the Escrow Agent are deposited. Other than the distributions set forth below,

4 Escrow Agent shall maintain the Escrowed Funds in the Account aud shaH not transfer them to

5 auy other account or investment. Under no circumstances shaH auy of the Escrowed Funds be

6 returned to Cheap Tickets or auy parent, subsidiary or affiliate thereof. The account shall be non-

7 interest bearing.

8

PAYMENTS FROM ESCROW ACCOUNT

9

3. The Escrow Agent shaH make payments from the Escrow Account at the written

10 direction of the EEOC, as follows:

11

A. Within twenty (20) days of its receipt of each of the Individual General

12 Release and Settlement Agreements ("Release Agreement"), executed by each of the Named

13 Claimauts below, Escrow Agent shaH deliver to each such Named Claimant a check in the

14 amounts of: One Hundred Twenty-Five Thousand Dollars ($125,000.00) payable to Latasha R.

15 Scott and the Law Offices of Hence & Associates; Two Hundred Seventy-Five Thousand Dollars

16 ($275,000.00) payable to Caudii Anderson aud her attorney, Audre Delahoussaye-Turner; and

17 Four Hundred Thousand Dollars ($400,000.00) to be allocated and distributed among the

18 remaining Named Claimauts, Mina Howard, Tynisha Hicks, Angel Cooke, Latasha Daniels,

19 Theresa Martinez, aud Naucy Webb, in such amounts as determined by the EEOC and

20 communicated in writing by the EEOC to the Escrow Agent.

21

B. Within twenty-one (21) days orits receipt from the EEOC of Release

22 Agreements signed by the Eligible Claimants, Escrow Agent shall deliver to each such Eligible

23 Claimant a check in the au10unt specified in writing to the Escrow Agent by the EEOC, provided,

24 however, Escrow Agent shalI have no obligation to deliver any check which in the aggregate

25 with other checks paid under this paragraph B., would exceed $300,000.00. Escrow Agent shall

26 deliver the checks to such Eligible Claimauts by mailing them directly to the Eligible Claimants

27 at the address provided in writing by the EEOC. Escrow Agent shall mail to the EEOC and

28 Cheap Tickets a copy of all checks (aud any other correspondence) distributed to the Eligible

scon - LNCHEAP TICKETS

Escrow Agreemenl(,4)080103- wpd

2

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Claimants pursuant to this Escrow Agreement.

2

C. Escrow Agent shall prepare and distribute to all Named and Eligible

3 Claimants to whom a check is sent hereunder, 1099 tax reporting forms for the calendar year of

4 payment and shall make appropriate reports to the Internal Revenue Service and other tax

5 authorities in the normal course of business.

6

D. Escrow Agent shall notify the EEOC in writing of any checks that are

7 returned. The EEOC may take further steps to track those Eligible Claimants whose settlement

8 checks were returned, provided that the award to any Eligible Claimant who cannot be found will

9 expire six (6) months after the initial attempt at distribution. Any amount not paid to such

10 Claimant shall be added to any funds to be distributed to the California Women's Law Center as

11 set forth below.

12

E. If any amounts remain in the Account after the completion of the procedures

13 outlined above for distribution to the Named and Eligible Claimants, all such remaining amounts

14 shall, upon written direction from the EEOC, be distributed to the California Women's Law

15 Center, 3460 Wilshire Boulevard, Suite 1102, Los Angeles, CA 90010. Upon payment of such

16 remaining amounts to the California Women's Law Center, or the depletion of the Escrowed

17 Funds through distribution to all Named and Eligible Claimants, whichever occurs first, the

18 Escrow Account created hereunder shall terminate.

19

F. The duties ofthe Escrow Agent hereunder shall be entirely ministerial and

20 administrative and not discretionary. Escrow Agent shall be obligated to act only in accordance

21 with written instructions received by it as provided in this Escrow Agreement and consistent with

22 the Settlement Agreement.

23

G. The Escrow Agent may rely absolutely upon the genuineness and

24 authorization of the signature and purported signature of any party upon any instruction, notice,

25 release, receipt or other document delivered to it pursuant to this Escrow Agreement.

26

ESCROW AGENT

27

4. Paul, Hastings, Janofsky & Walker LLP represents and warrants as follows as of the

28 date of this Escrow Agreement:

lAICHEAP TICKETS SCOTT Escrow Agrecment(v4)08010J..wpd

3

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A. Paul Hastings, Janofsky & Walker LLP is a limited liability partnership, duly

2 organized and validly existing under the laws ofthe state of its formation, and has all requisite

3 power and authority to enter into and perform its obligations under this Escrow Agreement.

4

B. This Escrow Agreement constitutes the legal, valid and binding obligation of

5 Paul Hastings, Janofsky & Walker LLP, and is enforceable against Paul Hastings, Janofsky &

6 Walker LLP in accordance with its terms.

7

5. Escrow Agent shall not be entitled under any circumstances to any amounts held in

8 the Escrow Account. All compensation to Escrow Agent relating in any way to this Escrow

9 Agreement and the performance hereof shall be provided by Cheap Tickets only. EEOC shall

10 not be liable for payment of any amount to Escrow Agent relating to this Escrow Agreement.

11

MISCELLANEOUS

12

6. The parties hereby consent and agree that this Escrow Agreement is incorporated

13 into the Settlement Agreement and that the Court shall retain jurisdiction over the Settlement

14 Agreement and this Escrow Agreement for purposes of enforcing the terms thereof.

15

7. No waiver, modification or amendment of any provision of this Escrow Agreement

16 will be effective unless made in writing and signed by an authorized representative of each of the

17 parties.

18

8. The terms of this Escrow Agreement are and shall be binding upon the present and

19 future representatives, agents, directors, partners, officers, assigns and successors of the parties

20 hereto.

21

9. The parties understand and acknowledge that the Escrow Agent in its capacity as a

22 law firm has acted as counsel for Cheap Tickets in the action resolved by the Settlement

23 Agreement.

24

10. This Agreement may be executed in two or more counterparts, some of which may

25 be signed by fewer than all the parties or may contain facsimile copies of pages signed by some

26 of the parties. Each of those counterparts will be deemed to be an original copy of this

27 Agreement, but all of them together will constitute one and the same agreement.

28

LNCHEAP TICKETS SCOTT· Escrow Agreement(v4 )080103-. wpd

4

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For Plaintiff EEOC:

2

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

3

Anna Y. Park Gregory Gochanour

4

SueJ. Noh Gregory L. McClinton

5 Elizabeth Es arza-Cervantes

6

7

Date: --~--~~--------

8

For Defendants CHEAP TICKETS, INC. & 9 CENDANT CORPORATION:
PAUL, HASTINGS, JANOFSKY & 10 WALKERLLP
James A. Zapp 11 Carolyn Alifragis

12

By: _-::--_...,-:=--_ _ __

James A. Zapp 13

14 Date: ------------------

15
For Escrow Agent PAUL, HASTINGS, 16 JANOFSKY & WALKERLLP:
PAUL, HASTINGS, JANOFSKY & 17 WALKER LLP
James A. Zapp 18 Carolyn Alifragis

19 By: _-:;--_...,......,:=--_ _ __ James A. Zapp
20
21 Date: --------------

22

23

24

25

26

27

28

For Plaintiff in Intervention CANDII ANDERSON: DELAHOUSSAYE-TURNER & TURNER
Audre Delahoussaye-Turner Anthony Turner
Date: ..P-./ ~ ~J
For Plaintiff in Intervention LATASHA SCOTT: HENCE & ASSOCIATES
Bill Hence
~fk=J- BY:~~' f ill Hence
Date: ~ .2ar..:s

LNCHEAP TICKETS SCOTT· Escrow Agreement(v4)080103-wpd

5

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Case 2:02-cv-07117-WJR-VBK Document 33 Filed 08/05/2003 Page 22 of 30

" ,

RE: EEOC v. Cheap Tickets, Inc. Sexual Harassment Claim Form

Dear Sir or Madam:

The United States Equal Employment Opportunity Commission (also known as the EEOC) has settled a lawsuit against Cheap Tickets, Inc. involving allegations of sexual harassment at its Los Angeles, California facility.

You were identified by Cheap Tickets as one of its former employees who worked at the Los Angeles office. If you believe you were subjected to sexual harassment while employed at Cheap Tickets, please complete the enclosed "Sexual Harassment Claim Form" and return it to the EEOC's Los Angeles Office located at 255 East Temple St., 4th Floor, Los Angeles, California 90012 with a post-mark no later than_. Sexual harassment consists of unwanted verbal comments, jokes, or statements, physical conduct or written or visual material of a sexual nature which creates an intimidating, hostile or offensive work environment. Sexual harassment also includes unwanted requests for sexual favors or dates in exchange for job related advantages.

The EEOC will evaluate the information you provide in your form to

determine whether you are eligible to receive a portion of the proceeds of the

settlement money in this case. Your claim will not be considered if it is not post-

mark by

. Upon the EEOC's review of all timely claim forms, the EEOC

will notifY you of its determination on your claim.

If you have any questions, you may call_.

Very Truly Yours,

Sue J. Noh Trial Attorney

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THIS CLAIM FORM MUST BE POSTMARKED NO LATER THAN _ _ _ _ _ IN ORDER FOR YOUR CLAIM TO BE CONSIDERED.
EEOC v. Cheap Tickets, Inc. Case Number: CV-02-7117 WJR (VBKx)
in the United States District Court for the Central District of Califomia
Sexual Harassment Claim Form
I. Name:
2. Current Address:

3. Home Telephone Number Work Telephone Number
4. Social Security Number: _ _ _ _ _ _ _ _ _ _ _ _ _ __
5. Date of Birth:
6. Dates of Employment with Cheap Tickets: _ _ _ _ _ _ _ _ __
7. List each job title you held while employed at Cheap Tickets and the dates you held each position.

8. Do you believe that you were subjected to sexual harassment while

employed at Cheap Tickets? (Circle one) Yes

No

Page I of 4

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I ,

9. Describe in detail all incidents of sexual harassment you were subjected to and/or witnessed by stating who sexually harassed you, the job title(s) of the person(s) who harassed you, when it happened, and identifying anyone who witnessed the incident(s). If you need additional space for your answer to this or any other question on this form, please write your name and social security number on each attached page and identify to which question your continued response corresponds.

10. For each incident you describe in response to no. 9 above, state whether you complained about the incident, the date of your complaint, to whom you complained, the job title(s) of the person(s) to whom you complained, whether your complaint was verbal or in writing, and what response you received to your complaint.
Page 2 of 4

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11. Describe how the incident(s) of sexual harassment made you feel and/or otherwise affected your emotional and/or physical well-being. If you experienced any negative feelings and/or physical conditions as a result of the sexual harassment, describe how long you experienced the negative feelings and/or physical conditions.

12. Did you seek any medical treatment (including any form of counseling) because of the sexual harassment you experienced at Cheap Tickets? If so, describe the treatment you received, when you received the treatment, with whom you received the treatment, how long you received the treatment, and whether you are currently receiving any treatment as a result of the sexual harassment.

13. If you are no longer working for Cheap Tickets, state (a) the reason(s) why you believe your employment with them ended, and (b) the reason(s) you were given by the company for your employment ending.
14. Identify your next employer after Cheap Tickets, including your job title, your dates of employment, and your rate of pay.
Page 3 of 4

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15. Describe all of the damages, such as monetary losses and/or expenses, you believe resulted from the sexual harassment you described above.

16. Do you have any documents supporting your claims against Cheap Tickets? (Circle one)

Yes

No

If yes, submit copies of all such documents to the EEOC with this form.

17. Identify each person who will support your claim against Cheap Tickets by providing the person's name and telephone number and a brief summary of what you would expect the person to say.

I,

[PRlNT YOUR NAME), declare under

penalty of perjury that all of the information I have written on this form is true and

correct.

Dated:_ _ __

[SIGNATURE)

[PRlNTED NAME]

Page 4 of 4

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EXHIBIT C

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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Los Angeles District Office

255 E. Temple Street! 4\11 Floor

Los Angeles, CA 900 12 (213) 894·1000
TIY (213) 894-1121 FAX (213) 894-1118

FOR IMMEDIATE RELEASE August _, 2003

CONTACT: For EEOC Los Angeles District Office
Sue Noh Trial Attorney (213) 894-1082
Olophius E. Perry Director (213) 894-1112
TTY: (213) 894-1121
For Defendants Cheap Tickets: Kate Sullivan Director, Corporate Communications Cheap Tickets (973) 496-4540

EEOC AND CHEAP TICKETS REACH $1.1 MILLION SETTLEMENT IN SEXUAL HARASSMENT SUIT
**********
LOS ANGELES The U.S. Equal Employment Opportunity Commission (EEOC) and Cheap Tickets, a leading retailer of discounted leisure travle products, announced a $1.1 million settlement ofthe EEOC class action sexual harassment lawsuit under Title VII of the Civil Rights Act of 1964 against Cheap Tickets, Inc. The suit, EEOC v. Cheap Tickets, et aL, Case Number CV-02-7117-WJR (VBKx) filed in the United States District Court for the Central District of California, alleges that, dating back to 2000, female agents working at Cheap Tickets' Los Angeles call center, which closed in September, 2001, were subjected to a sexually hostile work environment by their supervisors and that the woman who filed the initial discrimination charge with the EEOC was subjected to retaliation. The settlement includes a provision for monetary relief to any unidentified victims.
"The EEOC will continue to vigorously uphold the requirements ofTitle VII which entitles all female employees to a workplace free of harassment and particularly those women subjected to retaliation for standing up to harassers," said Olophius E. Perry, Director of the EEOC's Los Angeles District Office.

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• Case 2:02-cv-07117-WJR-VBK

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Gregory Gochanour, the Acting Regional Attorney for the EEOC's Los Angeles District Office, said: "The Commission recognizes that many employees may feel that they are taking considerable risks with their jobs in complaining about discrimination so I am particularly pleased that through this settlement the Commission was able to obtain significant relief for victims who previously may have been afraid to come forward."
"Cheap Tickets maintains a zero-tolerance policy for discrimination in any form and remains committed to providing a positive work environment, through strict policies and ongoing training, that values diversity and provides equal employment opportunity for all employees," said Kris Kentera, Vice President, overseeing Cheap Tickets' contact center operations. "We have entered into this amicable agreement because we believe it is in the best interest of our company and our former employees to put this matter to rest, and emphasize that this settlement does not in any way concede wrong doing on behalf of our company."
Further information about the Commission is available on its web site at www.eeoc.gov.
In addition to enforcing Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, sex, religion, or national origin, the EEOC enforces the Age Discrimination in Employment Act; the Equal Pay Act; Title I ofthe Americans with Disabilities Act, which prohibits employment discrimination against people with disabilities in the private sector and state and local governments; prohibitions against discrimination affecting individuals with disabilities in the federal government; and sections of the Civil Rights Act of 1991.
# # #

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...
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1

PROOF OF SERVICE

, ,

, J

2

3

I am, and was at the time the herein mentioned mailing took place, a citizen of the Unitect'

4 States, over the age of eighteen (18) years and not a party to the above-entitled cause.

S

I am employed in the Legal Unit of the Los Angeles District Office of the United States

6 Equal Employment Opportunity Commission.

7

My business address is Equal Employment Opportunity Commission, Los Angeles District

8 Office, 255 E. Temple Street, Fourth Floor, Los Angeles, CA 90012.

9

On the date that this declaration was executed, as shown below, I caused to be served the

10 foregoing SETTLEMENT AGREEMENT by regular mail, first class postage prepaid, in the City

11 of Los Angeles, County of Los Angeles, State ofCalifomia to:

12

Ellen Baca

Carolyn Alifragis

13

PAUL, HASTINGS, JANOFSKY & WALKER LLP

515 South Flower Street, 25th Floor

14

Los Angeles, CA 90071-2228

15

Anthony J. Turner

Audre Delahoussaye-Turner

16

DELAHOUSSAYE-TURNER

10801 National Boulevard, Suite 545

17

Los Angeles, CA 90064-4l34

18

Bill Hence, Jr.

HENCE & ASSOCIATES

19

3255 Wilshire Boulevard, Suite 1520

Los Angeles, CA 90010-1414

20

I declare under penalty of perjury that the foregoing is true and correct.

21

Executed on August 4, 2003 at Los Angeles, California.

22 23

-fLa,[J~U

24

Brian A. Woodard

25

26

27

28

 
 CM/ECF - California Central District - Docket Report

https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?802890424074939-L_3...
(VBKx), CLOSED

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles)
CIVIL DOCKET FOR CASE #: 2:02-cv-07117-WJR-VBK

US EEOC v. Cheap Tickets Inc, et al Assigned to: Judge William J. Rea Referred to: Discovery Victor B. Kenton Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/12/2002 Date Terminated: 08/05/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
U S Equal Employment Opportunity Commission

represented by Anna Y Park US Equal Employment Opportunity Commission Los Angeles District Office 255 E Temple St, 4th Floor Los Angeles, CA 90012 213-894-1000 Email: anna.park@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory Lee McClinton US Equal Employment Opportunity Commission Los Angeles District Office 255 E Temple St, 4th Fl Los Angeles, CA 90012 213-894-1000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sue J Noh US Equal Employment Opportunity Commission Los Angeles District Office 255 E Temple St, 4th Fl Los Angeles, CA 90012 213-894-1000 Fax: 213-894-1301 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant

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CM/ECF - California Central District - Docket Report
Cheap Tickets Inc doing business as Cheapt Tickets
Defendant Cendant Corporation TERMINATED: 08/05/2003 doing business as Cendant
Defendant Does 1-10 inclusive Intervenor Plaintiff Candii Anderson
Interpleader Latasha R Scott
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https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?802890424074939-L_3...
represented by Carolyn Alifragis Paul Hastings Janofsky & Walker 515 S Flower St, 25th Fl Los Angeles, CA 90071-2228 213-683-6000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
James A Zapp Paul Hastings Janofsky & Walker 515 S Flower St, 25th Fl Los Angeles, CA 90071-2228 213-683-6000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carolyn Alifragis (See above for address) TERMINATED: 08/05/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
James A Zapp (See above for address) TERMINATED: 08/05/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Anthony J Turner Delahoussaye-Turner & Turner 10801 National Blvd, Ste 545 Los Angeles, CA 90064 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Audre Delahoussaye-Turner Delahoussaye-Turner & Turner 10801 National Blvd, Ste 545 Los Angeles, CA 90064 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bill Hence, Jr Hence and Associates 3255 Wilshire Boulevard, Ste 1500
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CM/ECF - California Central District - Docket Report

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Los Angeles, CA 90010-1414 213-388-8892 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/12/2002 09/12/2002 10/07/2002
10/07/2002 10/07/2002 10/11/2002 10/15/2002 10/15/2002 10/15/2002 10/15/2002 10/18/2002 10/28/2002
11/04/2002

#

Docket Text

1 COMPLAINT filed Summons(es) issued referred to Discovery Victor B. Kenton; jury demand (jp) (Entered: 09/16/2002)
2 CERTIFICATION AS TO INTERESTED PARTIES filed by plaintiff US EEOC (jp) (Entered: 09/16/2002)
3 NOTICE OF MOTION AND MOTION by intervenor plaintiff Candii Anderson for permission to file complaint in intervention ; Decl of Anthony J. Turner; motion hearing set for 10:00 10/28/02; Lodged Cmp-in-intervention (jp) (Entered: 10/08/2002)
4 MOTION by intervenor plaintiff Latasha R Scott for permission to file complaint in intervention ; Decl of Bill Hence, Jr; motion hearing set for 8:30 10/28/02; Lodged Complaint (jp) (Entered: 10/08/2002)
5 CERTIFICATION OF INTERESTED PARTIES filed by plf in intervention Latasha R Scott (nhac) (Entered: 10/09/2002)
6 Certification OF INTERESTED PARTIES filed by intervenor plaintiff Candii Anderson (twdb) (Entered: 10/15/2002)
7 NOTICE OF INTERESTED PARTIES filed by defendants Cheap Tickets Inc, Cendant Corporation (jp) (Entered: 10/16/2002)
8 STATEMENT OF NON-OPPOSITION by plaintiff US EEOC to the motion to intervention [3-1] (jp) (Entered: 10/17/2002)
9 STATEMENT OF NON-OPPOSITION by plaintiff US EEOC to the motion to intervention [4-1] (jp) (Entered: 10/17/2002)
10 STATEMENT OF NON-OPPOSITION by defendants Cheap Tickets Inc, Cendant Corporation to motion for leave to file complaint in intervention [3-1], [4-1] (jp) (Entered: 10/17/2002)
11 WAIVER OF SERVICE of SUMMONS by defendant Cheap Tickets Inc, defendant Cendant Corporation sent by plf on 9/16/02 by James A Zapp atty (lc) (Entered: 10/22/2002)
12 MINUTES: Hrg held; ORD granting Anderson motion for permission to file complaint in intervention [3-1]; Crt does not rule on Scott motion for permission to file complaint in intervention at this time [4-1] by Judge William J. Rea CR: Sheri S Ogata (lc) (Entered: 11/04/2002)
13 ORDER by Judge William J. Rea that the motion of Hence & Associates to intervene [4-1] in this matter on behalf of class member, Latasha Scott is hereby Granted (nhac) (Entered: 11/08/2002)

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11/04/2002 11/04/2002 11/04/2002 11/14/2002 11/20/2002
11/20/2002 11/25/2002 11/25/2002 01/07/2003 01/09/2003 04/23/2003 06/09/2003 07/07/2003 07/07/2003
07/14/2003 07/21/2003

14 COMPLAINT IN INTERVENTION by intervenor Latasha R Scott re Civil Rights Sexual Harassment; Sex-Based Harassment; Sexual Discrimination; Retaliation 42 USC (nhac) (Entered: 11/08/2002)
15 ORDER by Judge William J. Rea granting Candii Anderson's motion for permission to file complaint in intervention [3-1] (nhac) (Entered: 11/08/2002)
16 COMPLAINT IN INTERVENTION by intervenor plaintiff Candii Anderson; Civil Rights Sexual Harrassment; Sex-based Harassment; Sexual Discrimination; Retaliation; Demand for Trial by Jury (nhac) (Entered: 11/08/2002)
17 ANSWER filed by defendants Cheap Tickets Inc, Cendant Corporation to plaintiff U.S. Equal Employment Opportunity Commission's complaint [1-1] (jp) (Entered: 11/15/2002)
18 ORDER by Judge William J. Rea: mandatory status/scheduling conf set for 10:00 1/13/03 ; parties reminded of obligations to disclose information & confer n a discovery plan not later than 21 days prior to conf & report to the court no later than 14 days after they confer; No later than 7 days prior to conf, parties file a joint scheduling conference report; filed stamped courtesy copies of all pleadings be delivered to chambers before filing deadlines (lc) (Entered: 11/20/2002)
19 ORDER by Judge William J. Rea assigning all discovery matters to Mag Judge Victor B Kenton (lc) (Entered: 11/20/2002)
20 ANSWER filed by defendant Cheap Tickets Inc, defendant Cendant Corporation to Scott complaint in intervention [14-1] (lc) (Entered: 11/25/2002)
21 ANSWER filed by Cheap Tickets Inc, Cendant Corporation to Anderson complaint in intervention [16-1] (lc) (Entered: 11/25/2002)
22 STIPULATION and ORDER by Judge William J. Rea mandatory status/scheduling conf continued for 10:00 4/28/03 ; joint scheduling conference report be submitted on 4/20/03 (lc) (Entered: 01/08/2003)
23 NOTICE status/scheduling conf continued for 10:00 4/28/03 by Cheap Tickets Inc, Cendant Corporation (lc) (Entered: 01/10/2003)
24 STIPULATION and ORDER by Judge William J. Rea ; mandatory status/scheduling conference continued to 10:00 6/9/03 (lc) (Entered: 04/24/2003)
25 STIPULATION and ORDER by Judge William J. Rea mandatory status/scheduling conference continued to 10:00 7/7/03 (lc) (Entered: 06/10/2003)
26 STIPULATION and ORDER by Judge William J. Rea: mandatory status/scheduling conference continued to 10:00 7/14/03 ; joint scheduling conference report be submitted in accordance with new date (lc) (Entered: 07/08/2003)
27 MINUTES: Court in receipt of parties stipulation and order to file a dismissal; mandatory status/scheduling conference continued to 10:00 7/14/03 per parties stipulation and if dismissal filed before 7/14/03, scheduling conference will be taken off calendar by Judge William J. Rea CR: none (lc) (Entered: 07/08/2003)
28 STIPULATION and ORDER by Judge William J. Rea: mandatory status/scheduling conference to 10:00 7/21/03 (lc) (Entered: 07/15/2003)
PLACED IN FILE - NOT USED defendants proposed stipulation continuing scheduling conference (lc) (Entered: 07/22/2003)

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CM/ECF - California Central District - Docket Report

https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?802890424074939-L_3...

07/21/2003 07/24/2003 08/04/2003 08/05/2003 08/05/2003
08/05/2003 08/05/2003 04/01/2005

30 MINUTES: mandatory status/scheduling conference called and parties indicate case settlling and request continuance to 10:00 8/4/03 to allow time to finalize settlement by Judge William J. Rea CR: Gail Peeples (lc) (Entered: 07/28/2003)
29 NOTICE of continuance of status/scheduling conference to 10:00 7/21/03 by defendant (lc) (Entered: 07/25/2003)
32 MINUTES: mandatory status/scheduling conference held The Court is advised that the action has settled. Dismissal documents will be lodged forthwith by Judge William J. Rea CR: Hope Goldsmith (bg) (Entered: 08/06/2003)
31 STIPULATION and ORDER by Judge William J. Rea Defendant Cendant Corporation be dismissed with prejudice in its entirety pursuant to FRCP 41(a)(1)(ii) ; Each party to bear her or its own respective attorneys' fees and costs (ir) (Entered: 08/06/2003)
33 SETTLEMENT AGREEMENT by Judge William J. Rea; Cheap Tickets agrees to pay an aggregate sum of One Million One Hundred Thousand Dollars ($1,100,000.00) to resolve and settle this lawsuit such amount to be distributed as outlined below; Upon entry and approval of this Settlement Agreement by the Court, Cheap Tickets shall within three (3) business days, deposit with Paul, Hastings, Janofsky & Walker LLP the sum of One Million One Hundred Thousand Dollars ($1,100,000.00) by wire transfer to the Account described in the Escrow Agreement (See document for further details) (ir) (Entered: 08/06/2003)
34 STIPULATION and ORDER by Judge William J. Rea that the lawsuit is dismissed with prejudice and that this Court retain continuing jurisdiction to enforce the settlement of this lawsuit; Settlement Agreement is attached hereto and incorporated herein by this reference terminating case (MD JS-6) (ir) (Entered: 08/06/2003)
35 NOTICE OF DISCREPANCY AND ORDER by Judge William J. Rea ordering Settlement Agreement submitted received on 08/04/03 is not to be fld but instead rejected; Denial based on: Lacking two line of text before Judge signature lacing signature from a party (page 13) (jp) (Entered: 08/08/2003)
36 CORRECTION of Change of Firm Name by attorney Bill Hence, Jr. for Interpleader Latasha R. Scott, correcting firm name to Hence & Associates. (gk, ) (Entered: 04/07/2005)

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6/8/2007 4:11 PM

 
 EEOC and Cheap Tickets Reach $1.1 Million Settlement in Sexual Har...

http://www.eeoc.gov/press/8-07-03b.html

The U.S. Equal Employment Opportunity Commission

FOR IMMEDIATE RELEASE August 7, 2003

CONTACT: EEOC Los Angeles District Office
Sue Noh, Trial Attorney (213) 894-1082 Olophius E. Perry, Director (213) 894-1112 TTY: (213) 894-1121
For Cheap Tickets: Kate Sullivan Director, Corporate Communications (973) 496-4540

EEOC AND CHEAP TICKETS REACH $1.1 MILLION SETTLEMENT IN SEXUAL HARASSMENT SUIT

LOS ANGELES The U.S. Equal Employment Opportunity Commission (EEOC) and Cheap Tickets, a leading retailer of discounted leisure travel products, today announced a $1.1 million settlement of the EEOC class action sexual harassment lawsuit under Title VII of the Civil Rights Act of 1964 against Cheap Tickets, Inc.
The suit (EEOC v. Cheap Tickets, et al., Case Number CV-02-7117-WJR (VBKx), filed in the United States District Court for the Central District of California, alleges that, dating back to 2000, female agents working at Cheap Tickets' Los Angeles Call Center (which closed in September 2001) were subjected to a sexually hostile work environment by their supervisors. Moreover, EEOC says that the woman who filed the initial discrimination charge was subjected to retaliation. The settlement includes a provision for monetary relief to any unidentified victims.
"The EEOC will continue to vigorously uphold the requirements of Title VII which entitles all female employees to a workplace free of harassment and particularly those women subjected to retaliation for standing up to harassers," said Olophius E. Perry, Director of the EEOC's Los Angeles District Office.
Gregory Gochanour, the Acting Regional Attorney for the EEOC's Los Angeles District Office, said: "The Commission recognizes that many employees may feel that they are taking considerable risks with their jobs in complaining about discrimination so I am particularly pleased that through this settlement the Commission was able to obtain significant relief for victims who previously may have been afraid to come forward."
Kris Kentera, Vice President, overseeing Cheap Tickets' contact center operations, said:"Cheap Tickets maintains a zero-tolerance policy for discrimination in any form and remains committed to providing a positive work environment, through strict policies and ongoing training, that values diversity and provides equal employment opportunity for all employees. We have entered into this amicable agreement because we believe it is in the best interest of our company and our former employees to put this matter to rest, and emphasize that this settlement does not in any way concede wrong doing on behalf of our company."
In addition to enforcing Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, sex, religion, or national origin, the EEOC enforces the Age Discrimination in Employment Act; the Equal Pay Act; Title I of the Americans with Disabilities Act, which prohibits employment discrimination against people with disabilities in the private sector and state and local governments; prohibitions against discrimination affecting individuals with disabilities in the federal government; and sections of the Civil Rights Act of 1991. Further information about the Commission is available on its web site at www.eeoc.gov.

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