A. LUIS LUCERO, JR., REGIONAL ATTORNEY KATHRYN OLSON, SUPERVISORY TRIAL ATTORNEY CARMEN FLORES, SENIOR TRIAL ATTORNEY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400 SEATTLE, WA 98104 TEL: (206) 220-6920
ATTORNEYS FOR PLAINTIFF

ORIGINAL

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

)

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

) CIVIL ACTION NO.

Plaintiff, v.

)

) COMPLAINT '04 1361 AS

)

-

) JURY TRIAL DEMAND

LITHIA SUBARU OF

)

OREGON CITY,

)

)

Defendant.

)

)

NATURE OF THE ACTION

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

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

Hussain Adel and Mark Harris, who were adversely affected by such practices. The Equal

Employment Opportunity Commission ("EEOC" or "the Commission") alleges that defendant

harassed Mr. Adel because of his national origin (Iranian) and religion (islam), creating a hostile

COMPLAINT - PAGE 1

U. s. EQUAL EMPLOYMENT OPPORTUNITY COMM ISS ION Seattle District Office
909 Fi rst Av enue, Sui tc 400 Seattle. Washington 98 104 -1 06 1
Telephone : (206) 220-6883 Facsim i Ie: (206) 220- 69 11
TOO: (206) 220-6882

work environment, which led to his discharge. EEOC further alleges that defendant terminated

Mr. Harris in retaliation for his opposition to defendant's employment practices, including its

treatment of Ms. Adel, which violated Title VII. Plaintiff seeks monetary and injunctive relief,

including pecuniary and nonpecuniary compensatory damages and punitive damages.

JURISDICTION AND VENUE

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

1343 and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) of

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

VII"), and Section 102 of the Civil Rights Act of 1991,42 U.S.c. §1981a.

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

jurisdiction of the United States District Court for the District of Oregon.

PARTIES

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

the agency of the United States of America charged with the administration, interpretation and

enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) of

Title VII, 42 U.S.c. §2000e-5(f)(1).

4. At all relevant times, defendant, Lithia Subaru of Oregon City., incorporated in

the State of Oregon, has continuously been a corporation doing business in the State of Oregon

and has continuously had at least 15 employees.

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

industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42

COMPLAINT - PAGE 2

U. s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Seattle District Office
909 Fi r st Avenue. Suite 400 Seatt le, Wa shington 98 104 -1061
Tel ephone : (2 05) 220-1i883 Facs imi Ie: (205) 220-6911
roD: (206) 220-';;882

U.S.c. §§2000e-(b), (g) and (h).

STATEMENT OF CLAIMS

6. More than thirty days prior to the institution of this lawsuit, Hussain Adel and

Mark Harris filed charges simultaneously with the Oregon Bureau of Labor and Industries and

the Equal Employment Opportunity Commission, alleging violations of Title VII by defendant

Lithia Subaru of Oregon City. All conditions precedent to the institution of this lawsuit have

been fulfilled.

7. From at least April, 2002 to January 2003, defendant engaged in unlawful

employment practices at its Oregon City, Oregon facility in violation of §§ 703(a) and 704(a) of

Title VII, 42 U.S.C. §§ 2000e-2(a) and 2000e-3(a). Defendant affected the terms and conditions

of employment ofMr. Adel and Mr. Harris by subjecting Mr. Adel to hostile work environment

harassment based on his race (Iranian) and religion (Islam), which led to his discharge. Also,

defendant terminated Mr. Harris in retaliation for his engaging in activity protected under Title

VII.

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

Mr. Adel and Mr. Harris of equal employment opportunities and otherwise adversely affect their

status as employees of Lithia Subaru of Oregon City because ofrace, religion and in retaliation

for opposing discrimination.

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

intentional.

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

COMPLAINT - PAGE 3

U. S.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Avenue, Suite 400 Seatl l e, Washington 98HM-I061 Te lephone: (206) 220-6883 Fac.i mil.: (206) 220-6911 TDD: (206) 220-6882

done with malice or with reckless indifference to the federally protected rights of Hussain Adel and Mark Harris.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining defendant, its officers, successors, agents, assigns, and all persons in active concert or participation with it, from engaging in any other employment practice which discriminates on the bases ofrace, religion and in retaliation for

opposing discrimination.

B. Order defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for all employees and which eradicate the effects of its past and present unlawful employment practices.

C. Order defendant to make whole Hussain Adel and Mark Harris by providing

compensation for past and future pecuniary losses resulting from the unlawful employment

practices described in paragraph 7 above, including past and future out-of-pocket expenses, in amounts to be determined at trial.

D. Order defendant to make whole Hussain Adel and Mark Harris by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices

complained of in paragraph 7 above, including without limitation emotional pain, suffering, and loss of enjoyment of life, in amounts to be determined at trial.
E. Order defendant to pay Hussain Adel and Mark Harris punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at

COMPLAINT - PAGE 4

U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 Fi rs t Avenue , Sui te 400
Sea ttl e, Washington 98104- 106 1 Telephone: (206) no-6883 Facsimile: (206) 220-6911 TOD: (206) 220-6882

trial. F. Grant such further relief as the Court deems necessary and proper in the public
interest. G. Award the Commission its costs of this action. JURY TRIAL DEMAND The Commission requests ajury trial on all questions of fact raised by its complaint.
DATED this ~3rclday of ~-~~t"-iJ~~" , 2004.

A. LUIS LUCERO, JR. Regional Attorney
KATHRYN OLSON Supervisory Trial Attorney
CARMEN FLORES Senior Trial Attorney
By:b. EQUAL EMPLOYME T OPPORTUNITY COMMISSION Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104 Telephone (206) 220-6920

ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of the General Counsel 1801 "L" Street NW Washington, D.C. 20507

Attorneys for Plaintiff

COMPLAINT - PAGE 5

U. S.

EQUAL EMPLOYMENT OPPORTUNITY COMMI SSION Seattle District Offi ce 909 Fi rst Avenue, Sui te 100
Seattle, Wfls hington 98104 -1 06 1 Te l ephone : (20ti) 220-0883 Facs i. i1 e: (ZOti) 220-69 11
11JD: (206) 220-6882

 
 WILLTAMD. STARK

Attorney at Law

876 Welcome Way S.E., Suite 200

Salem, Oregon 97302

OSB No. 89365

Telephone: (503) 588-3241

4 Fax:

(503) 588-1472

E-mail: BilJa"\v97302rZVYahoo.com

5

Attorney for Plaintiffs-Intervenors

6

7

IN THE lJNITED STATES DISTRICT COURT

8

FOR THE DISTRICT OF OREGON

9 EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION

)

10

)

)

11

Plaintiff, )

v.

)

'\

1211 LITHIA SUBARU OF

J
)

13 I OREGON CITY,

)

'

Defendant. )

14 II l\/r A DT7 TT A DDT!:' TTTT!:'!:' A TXT A TYPT
J 5',' H'.lrt.l'-.n. £ . l r t f i f i . l 0 , r . l U 0 0 r t . l l ~ rt.u£,.LJ

) )

)

Plaintiffs-Intervenors, )

16

)

1

v.

)

17

)

LITHIA SUBARU OF

)

18 OREGON CITY,

)

Defendant. )

19 --------------------------)

Case No. 04<1361 AS
COMPLAINT OF PLAINTIFFS-INTERVENORS JURY TRIAL DEMAND

20

1. NATURE OF THE ACTION

21

This action is filed in conjunction with the Complaint filed by the EEOC and in addition

22 to the discrimination claims alleged by the EEOC, adds state law claims arising out of the same

23 actions and occurrences.

24

II. JURlSDICTION AND VENUE

25

1.

26

The Court has jurisdiction ofthis action under 42 USC Sec. 2000e-5(f)(1) (right to

1 - COMPLAINT OF PLAINTIFFS-INTERVENORS
WILLIAM D. STARK / Attorne:y ~t T,~w 876 Welcome Way S.E., Suite 200/ Salem, Oregon 97302
Telephone: (503) 588-3241/ Fax: (503) 588-1472

1 intervene), Title VII of the Civil Rights Act of 1964, as amended, 42 USC 2000 et seq and the

2 Civil Rights act of 1991 and 42 USC Sec. 1981.

3

2.

4

Plaintiff s state law claims are proper under the doctrine of pendent jurisdiction.

5

."J.

6

Defendant committed the unlawful acts in the State of Oregon.

7

III. PARTIES

8

4.

9

Plaintiffs were employed of defendant and resided in the State of Oregon, at all times

10 material.

11

5.

12

At all times material herein, Defendant is a business corporation duly organized and

13 existing under the laws of the State of Oregon, and maintains an office and place of business in

14 the County of Multnomah, State of Oregon. Said Defendant has continuously and does now

15 employ more than 15 persons.

16

IV. ADMINISTRATIVE PROCEDURES

17

6.

Plaintiffs filed Civil Rights complaints with the EEOC. After investigation, the EEOC

issued a Determination that there was reasonable cause to believe that each plaintiff had been

20 discriminated against. After a conciliation process did not resolve the claims, the EEOC filed

21 suit on September 24, 2004.

22

V. STATEMENT OF CLAIMS

23

FIRST CLAIM FOR RELIEF

24

(WRONGFUL DISCHARGE - MARK HARRIS)

25

7.

26

Plaintiffrealleges paragraphs 2-5, above.

2 - COMPLAINT OF PLAINTIFFS-INTERVENORS
WILLIAM n STARK / AttOPH'Y ~t L::lW
876 Welcome Way S.E., Suite 200 / Salem, Oregon 97302 Telephone: (503) 588-3241 / Fax: (503) 588-1472

1 1

8.

2

Mr. Harris was employed as a Salesperson and as a Floor Manager, by Lithia Subaru of

3 Oregon City from April 12,2002 until November 25,2002. During his employment, he

4 complained to Managers about how minority employees were being treated, especially Hussain

5 Adel, who was referred to as a "camel jockey," "sand nigger" and "terrorist."

6

9.

71

On or about October 19,2002, Mr. Harris again complained of a discriminatory and

8 unsafe working environment to his manager. The manager became very angry. Mr. Harris had

9 to take medical leave kept his Managers informed of his condition and treatment. On October

10 21, 2002, Mr. Harris wrote a letter to Sid DeBoer, Chair and CEO of Lithia Auto Groups,

11 describing the same complaints.

12

10.

13

On November 21, 2002, Mr. Harris returned to work and was told to come to a meeting

14 with the Area Manager. Mr. Harris expected he would be told the results of any investigation

15 into his complaints. Instead, he was given a reprimand containing false statements and was told

16 that he was being written up for misconduct because of what management learned investigating
I
17 his complaints. Plaintiff stated he had to go home and get more medication for his stress

18 condition. The Area Manager got angry and accused Mr. Harris of not being careful enough to

19 bring enough medication. Mr. Harris was so upset, he ran his car into a pole and had to return to

20 work to ask someone to help him get home. He told the area Manager about what happened and

21 the Area Manager laughed. Hussain Adel helped him get home.

22

11.

23

On or about Monday, November 25,2002, Mr. Harris, although he was unable to work,

24 he was told he was fired.

25

12.

26

A substantial factor in the decision to terminate Mr. Hanis was his protected conduct of

3 - COMPLAINT OF PLAINTIFFS-INTERVENORS
WILLTAM D. STARK / Attorney at Law 876 Welcome Way S.E., Suite 200/ Salem, Oregon 97302
Telephone: (503) 588-3241/ Fax: (503) 588-1472

complaining of discrimination against minorities in defendant's workplace andlor because he

2 associated with Hussain Adel, a co-worker who was of Mid-Eastern origin.

,.,

.J

13 .

4

As a further result of Defendant's above-stated actions, Plaintiff Harris has been and is

5 now being deprived of income in the fonn of wages and of prospective retirement benefits along

6 with other fringe benefits due him, in a final amount to be proved at trial.

7

14.

8

As a proximate result of Defendant's discriminatory and wrongful acts as set forth herein,

9 Plaintiff has suffered emotional distress, humiliation, embarrassment and mental anguish and is

10 entitled to damages in an amount to be determined at trial.

15.

Defendant has acted with malice towards Plaintiff and \-vith conscious or reckless

13 disregard of Plaintiff s rights, and plaintiff is entitled to punitive damages.

14

] 5

SECOND CLAIM FOR RELIEF

16

(WRONGFUL DISCHARGE - HUSSAIN ADEL)

17

16.

18

Plaintiff Adel realleges paragraphs 2-5,8-10, 12, above.

19

17.

20

Mr. Adel was employed as a Salesperson by Lithia Subaru of Oregon City from February

21 11,2002 until January 3, 2003.

22

18.

23

Beginning in April 2002 and continuing to the date of his tennination, plaintiff Adel was

241 subjected to racial and religious slurs such as "camel jockey," "sand nigger" and "tenorist," by

25 management and other employees.

26 III

4 - COMPLAINT OF PLAINTIFFS-INTERVENORS
WTLLfAM D. STARK 1Att()rney llt LllW 876 Welcome Way S.B., Suite 200 / Salem, Oregon 97302
Telephone: (503) 588-32411 Fax: (503) 588-1472

1

19.

2

Beginning in the Summer of2002 and until he left employment in January, 2003, he

3 complained of the remarks to his managers and also complained about unsafe working conditions

4 caused by management allowing dangerous pranks to take place between managers and other

5 employees.

6

20.

71

In October, 2002, Mr. Adel was seriously injured because another employee tripped him

8 with a mop handle, causing injuries serious enough to cause him to lose work. He complained

9 to management about what happened and no corrective action was taken.

10

21.

11

In October 2002, Mr. Adel was aware that Mark Harris wrote letters to local and

12 National Lithia Motors management, reporting to them that he h2-d been called racial slurs and

13 Mr. Harris also complained about the unsafe working conditions. He was sbown one of Mr.

]4 Harris' letters by a manager and Mr. Adel told the manager that what Mr. Harris complained of

15 was true and that he still had the same complaints.

16

22.

17

On November 21, 2002, Mr. Adel was present, when Mr. Harris had just left a meeting in

18 which Mr. Harris had been falsely accused of misconduct. Mr. Adel helped Mr. Harris after he

19 had an accident and took him home.

20

23.

21

In early December and again on December 23, 2002, Mr. Adel was written up by

22 management, after being falsely accused of misconduct.

23

24.

24

On January 2, 2003, Mr. Adel was no longer able to work, because he was afraid of

25 continued retaliation, including other physical acts against him and continued discrimination, so

26 he was forced to resign.

5 - COMPLAINT OF PLAINTIFFS-INTERVENORS
WILLIAM D. STARK / Attorney at Law 876 Welcome Way S.E., Suite 200! Salem, Oregon 97302
Telephone: (')U:;) )l>l>-J14! I Fax: (503) 5gg-1472

1/

25.

2

Defendant's managers intentionally, recklessly or negligently acted to create hostile

3 working conditions for Mr. Adel, thereby causing his constructive discharge.

4

26.

5

A substantial factor in the decisions to maintain hostile and unsafe working conditions

6 and retaliate against Mr. Adel, was Mr. Adel's national origin and/or his religion and/or because

7 he spoke out about the offensive and unsafe conduct in the workplace and/or associated with

8 Mark Harris, who had also objected to the same conduct.

9

27.

10

As a further result of Defendant's above-stated actions, Plaintiff has been and is now

11 being deprived of income in the form of lost wages and of prospective retirement benefits along

12 with other fringe benefits due him, in a final amount to be proved at triaL

13

28.

14 II

As a proximate result of Defendant's discriminatory and wrongful acts as set forth herein,

15 Plaintiff has suffered emotional distress, humiliation, embalTassment and mental anguish, loss of

16 enjoyment of life and is entitled to damages in an amount to be determined at trial.

17

29.

18

Defendant has acted with malice towards Plaintiff and with conscious or reckless

19 disregard of Plaintiff s rights, and plaintiff is entitled to punitive damages.

20

21

THIRD CLAIM FOR RELIEF

22 (INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS - BOTH PLAINTIFFS)

23

30.

24

Plaintiffs reallege paragraphs 1-29, above.

25

31.

26

Defendant had a special relationship to each plaintiff, with a duty to refrain from

6 - COMPLAINT OF PLAINTIFFS-INTERVENORS
WILLIAM D. STARK / Attorney at Law 876 Welcome Way S.E., Suite 200 / Salem, Oregon 97302
Telephone: (503) 588-3241/ Fax: (503) 588-1472

1 inflicting emotional distress on the plaintiffs.

2

32.

3

The conduct toward each plaintiff, was beyond the boundaries of socially tolerable

4 conduct, intentional or reckless and defendant knew that severe emotional distress had occurred

5 or was substantially likely to occur.
.,.,
.J.J .

7

Each plaintiff did suffer severe emotional distress.

8

9

FOURTH CLAIM FOR RELIEF

10

(STATUTORY DISCRIMINATION, 42 USC 2000(E))

34. 11 'I'

12

Plaintiffs re;tlIege paragraphs 1-6,8-15,17-29) above

13

35.

From at least April 2002 to January 2003, defendant engaged in unlawful employment

16 VII, 42 USC Sections 2000e-2(a) and 2000e-3(a). Defendant affected the tem1S and conditions

17 of employment ofMr. AdeI and Mr. Harris by subjecting Mr. Adel to harassment based on his

18 race and/or religion, which led to his discharge. Also, defendant terminated Mr. Harris in

19 retaliation for his engaging in activity protected under Title VII.

20

36.

21

The effect of the practices complained of in paragraph 35 has been to deprive Mr. Ade1

22 and Mr Harris of equal employment opportunities and otherwise adversely affect their status as

23 employees of Lithia Subaru of Oregon City because of race, religion and in retaliation for

24 opposing discrimination.

25

37.

26

The unlawful practices complained of in paragraph 35 above were intentional and done

7 - COMPLAINT OF PLAINTIFFS-INTERVENORS
WILLIAM D. STARK / Attorney at Law 876 Welcome Way S.E., Suite 200 / Salem, Oregon 97302
Telephone: (jUJ) j~~-J24J ! Fax: (503) 588-1472

\vith malice or vv'ith reckless indifference to the federally protected rights ofthe plaintiffs.
2

WHEREFORE, Plaintiff respectfully prays this Court to:

]. Grant a pennanent injunction enjoining defendant, its officers, successors, agents,

assigns and all persons in active concert or panicipation \vith it, from engaging in any other

employment practice which discriminates on the basis of race, religion and in retaliation for

opposing discrimination;

2. Order defendant to carry out policies, practices and programs whic11 provide equal

employment opportunities for all employees and which eradicate the effects of its past and

present unla\vful employment practices;

3. .As a further result of Defendants' above-stated actions, Plaintiff has be::n and is DOW

bei-r.. g '-"'

deDri'ved ..L

of incc)me

in

the

fo:-m

of lost

vva2es '-"

and

of DTosDec:ive 1..L.

~etirernent

bertefits

alcHl .(=;;

with other fringe benefits due him. in a final amount to be proved at tri aJ;

4. Non-economic damages in an amount to be determined at trial;

). Economic damages in an amount to be determined at trial;

6. Punitive damages in an amount to be detennined at trial;

17

7. Attorney fees in an amount to be determined at trial;

18

8. Plaintiffs' reasonable costs and disbursement and;

19

9. Any other relief the court deems necessary and proper.

20

21

DATED this 29th day of October, 200j..r--"

//..,.c..,',..,..,"· .., _..,--_·--..........., ..,_( \../.:.,'./ -,.~/,~/)I I

221

f

/" ."",."\ "",,- / ' c:~

23

~-~----// ) C)

"---- .",

.. -,'

. . --.----.--

William D. Stark, OSB No. 89365

24 Attorney for Plaintiffs Mark Harris and Hussain Adel

25

26

8 - COMPLAINT OF PLAINTIFFS-INTERVENORS WrTLIAM D. STARK / Attornpy l1t Ll1w

WILLIAM D. STARK

Attorney at Law

876 Welcome Way S.E., Suite 200

Salem, Oregon 97302

OSB No. 89365

Telephone: (503) 588-3241

Fax:

(503) 588-1472

E-mail: Billaw97302@vahoo.com

Attorney for Plaintiffs-Intervenors

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION

)

)

Case No. 041361 AS

)

Plaintiff,

)

v.

)

)

LITHIA SUBARU OF

) CERTIFICATE OF SERVICE

OREGON CITY,

)

Defendant. )

--------------------------)

MARK HARRIS, HUSSAIN ADEL

)

)

Plaintiffs-Intervenors, )

)

v.

)

)

LITHIA SUBARU OF

)

OREGON CITY,

)

Defendant. )

--------------------------)

I hereby certify that I served a true copy, certified as such, of PLAINTIFFS-

INTERVENOR'S COMPLAINT delivery of a true, full and exact copy thereof, by US Mail

delivery on the date below, to the following:

CARTER MANN, ATTORNEY AT LAW FOSTER,PEPPER, TOOZE 601 SW 2ND AVE, STE 1800
PnOARTTLFANnDt,,OhRiEGsO~NCd97'a2\0y4 oCf\ ~

2004.

Attorney for Plaintiffs-Intervenors

 
 Feb-02-06 02:30pm From-EEOC SEOO

206 220 6911

1 WlLLIAM R tAMAYO, REGIONAL ATTORNEY

: U.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

~~i!~~~~:Hffi~~o

FiLS~C6ftt?(r?iS'3:~8ffi;t~~

TEL: (415) 625··5600
4 A. LUIS LUCERO, JR ASSOCIATE REGIONAL ATTORNEY 5 KATHRYN OLSON, SUPERVISORY TRIAL ATTORNEY
CARMEN FLORES, SENIOR TRIAL ATTORNEY 6 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
909 FIRST AVENUE, SmTE 400 7 SEATTLE, WASHINGTON 98104
TEL: (206) 220-6920 8 FAX: (206) 220-6911
EMAIL: carmen.llores@eeoc.gov
9

10 UNITED STATES DISTRICT COURT

11

FOR THE DISTRICT OF OREGON

12

EQUAL E:MPLOYMENT OPPORTUNITY

)

13 COMMISSION,

)

Plaintiff,

)

14

)

)

15 MARK HARRIS and HUSSAJN ADEL,

)

)

16

Plaintiff-futervenors,

)

)

17

v.

)

)

18 LITHIA SUBARU OF OREGON CITY,

) )

19

)

Defendant.

)

20 ----------.-------------------)

CASE NO. 041361AS CONSENT DECREE AND
ORDER OF DISMISSAL

21

I. INTROnUCTION

22

1. TIlls action originated with discrimination charges filed by Mark Harris and

23 Hussain Adel ("Charging Parties") with the Equal Employment Opportunity Commission. The

24 Charging Parties alleged that Lithia Subaru of Oregon City ("Litlria Subaru'') subjected Hussain

25 Adel to a hostile work envirorunent On the basis of his national origin (Iranian) and religion

CONSENT DECREE - PAGE 1

u-s. EQUAL EMPt,OYMENT OPPORTUNITY COMMISSION
S&ule Distrie( om~
909 fim A~uG. Suite 400 SelwIe. WU!1inEtOR 911104-1061
TckphD..: (106) :UO~6SJ Foaimilc: POOl ~:IQ-6911
TO!); (106) 22Q..61181

Feb~02-06 02:30pm From-EEOC SEDO

206 220 6911

T-826 P.003/018 F-680

1 (Islam) resulting in his constructive discharge and subjected Mr. Harris to reta1iation and
2 discharge in violation of Title vn ofthe CiviI Rights Act of 1964, as amended (''Title VII"), 42

3 U.S.C. § 2000e et seq.

4

2. The EEOC sent Defendant Lithia Subaro a Letter of Determination with findings

5 ofreasonable cause that it had violated Title VII.

6

3. The Commission filed this lawsuit on September 24, 2004 in the United States

7 District Court for the District ofOregon on behalf ofthe Charging Parties. The Charging Parties

8 intervened in this lawsuit on November 5, 2004.

9

4. The EEOC, Charging Parties, and Defendant Lithia Subaru want to conclude all

10 claims of the Charging Parties without expending further resources in contested litigation.

11 D. NON-ADMISSION OF LIABILITY AND NON-DETERMINATION "BY THE COURT

12

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

13 finding on the merits ofthe case. This Consent Decree shall not be used as evidence ofliability

14 Or for purposes ofres judicata or colla.teral estoppel in any legal proceeding against Defendant.

15 Neither the agreement to enter this Decree, nor the Decree shall be admissible in any proceeding

16 as an admission by Defendant of any ~rjolation of, failure to comply with, interference, retaliation

17 or obstruction of (:ompliance with Title VII Or any other employment law or order.

18

III. SETTLEMENT SCOPE

19

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

20 allegations of unlnwful employment practices contained in the complaint filed herein on behalfof

21 the charging parti(~s by the EEOC and all allegations of unlawful employment practices contained

22 in the Complaint ofPlaintiff-Intervenors, including all claims for attorney fees and costs. The

23 tenns ofthis Consent Decree shall apply to employees at Defendant Lithia Subaru's Oregon City,

24 Oregon facility. The Consent Decree resolves all issues alld claims arising out of this Complaint

25 and is binding and final as to all such issues and claims.

CONSENT DECREE - PAGE 2

u.s. ii:QUAL I:MPLOYMENT OPPQRTUNl....y COMMrssrON
SoaUle Dlstrio, om...
909 Pim Aven"" S.iI<; 400
Seattl., WasJUnslon 911104·1061 TolepI1o~ (:!!If) :l»-688J
PlI;1;imllc: (206) 220.6911
mo. (20~1220.6lIB~

Feb~02-06 02:30pm From-EEOC SEDO

206 ZZO 6911

T-8Z6 P.004/018 F-680

1

IV. JURISDICTION AND VENUE

2

7. Jurisdiction of this Court is invoked pLlrsuant to 28 u.S.C. §§4S1, 1331, 1337,

3 1343 and 1345. 1)1aintiff EEOC's action is authorized pursuant to Section 706(f)(1) and (3) of

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

5 2000e-6 ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 ,. J.S.C. §1981a. The

6 employment practices alleged to be unlawful in the EEOC's COIllplaint filed herein occurred

7 within thejurisdktion of the United States District Court for the District of Oregon.

8

V. DEF1NITION OF TERMS

9

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

10

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

11 Court for the District of Oregon enters the Consent Decree and (proposed) Order ofDismissal.

12

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

13

10. "FI:)nnal or Informal Complaints" includes any harassment or discrimination

14 complaint, wheth(~r written Or oral, made to a manager or supervisor with the Defendant.

15

VI. MONETARY RELIEF

16

11. In :settlement ofthe EEOC's and the Plaintiff-Intervener'$ claims in this lawsuit,

17 Defendant Lithia Subaru has agreed. to pay the Charging Panies the total lump sum of

18 $360,000.00. Payment of this monetary relief will be made through Charging Parties' private

19 counsel, pursuant to separate releases negotiated by Charging Parties and Defendant.

20

21

vn. INJUNCTIVE RELIEF

22

A. Compliance with Title VII

23

12. Defendant Lithia Subaru reaffinns its commitment to comply with Title VII. To

24 further this commitment, Defendant Lithia Subaru shall monitor the affumative obligations of

25 this Consent Decrt~e. The tenns of this Consent Decree apply to all employees of Defendant

CONSENT DECREE· PAGE :3

u.s. EQUAL EMPLOYMENT OPPORTUNITY COMM1SS10N

S...uJe Dlstrlcl Om""
IJIIOr... A_.... ~400

r-06) SQ,lIlo. Washmj;tOD 98104-1061

Tdcp~DJIC

:z:!1I-G383

F"",,;m;jo, (lOci) 22006911

TOO· pD6) lZ0.-6882

Feb':02-06 02:31pm Frcm-I:EOC SEOO

206 220 6911

T-826 P.005/018 F-68ij

1 Lithia Subaru as defined above.

2

D. Defendant Lithia Subaru will not retaliate against any employee for opposing a

3 practice deemed unlawful by Title vrr or for making a charge, testifYing, assisting, or

4 participating in arty investigation, proceeding, or hearing associated with this action.

5

14. Defendant Lithia Subaru, its officers, agents, and employees are hereby enjoined

6 from engaging in personnel practices which unlawfully discriminate against applicants and

7 employees in violation of Title VII. III recognition of its obligations under Title vn, Defendant

8 Lithia Subaru wi1]1 institute the policies and practices set forth below.

9

B. Distribution of Workplace Anti-discrimination Policy and Complaint

10 Procedures

11

15. Within 45 days after entry of this decree, Defendant Lithia Subaru will distribute

12 a workplace anti-discrimination policy and procedures to follow in the event of a complaint of

13 discrimination.

14

16. This policy will be distributed to all present and future employees, both

15 management and non-management, in Defendant Lithia Subaru's facilities for the duration of the

16 decree.

17

17. Defendant Lithia Subaru. affirms the following "Statement of Zero-Tolerance

18 Policy and Workplace Objectives":

19

Lithia Subaru is finnly committed to developing and maintaining a zero-tolerance

20

policy conGeming discrimination and retaliation against individuals who report

21

discrimination andIorharassment in the company's workplace; to swiftly and

22

firmly responding to any acts ofdiscrimination and/or retaliation of which the

23

company becomes aware; to iInplementing a disciplinary system that is designed

24

to strongly deter future acts of discrimination and! or retaliation; and to actively

25

monitoring its workplace in order to ensure tolerance, respect and dignity for all

CONSENT DECREE. PAGE 4

u.s. EQUAL £MrLOYl\1ENT OPrORTUNrrY COMMISSION S~ltlc DI'Iri~[ OOi"
!109 'ITO' A~"". sun. 400
SoiJItJ.. WlLfhinllon 9810'1.1061
TC'ltlpllOJH!l. (200) llO.QUI~
Facsimilo: IZD!iP~0-6911 'roo' pOG) ~~2 I

Feb-'02-06 02: 31 pm From-'EEOC SEDO

206 220 6911

T-826 P.006/018 F-680

1

people.

2

18. In order to effectuate the objectives embodied in the Defendant Lithia

3 Subaru's Statemc:nt of Zero-Tolerance Policy and Workplace Objectives and this DeCree,

4 the Defendant Lit.hia Subaru will ensure the following policies, procedures, and practices

5 are in effect:

6 (a)
7

Complaint Procedures.

8

i) Defendant Lithia Subaru agrees that it will provide the

9

name, job title, work location, and telephone number of the

10

management employees charged with investigating such

11

issues in its workplace anti-discrimination policy. That

12

information will also be routinely and continuously posted.

13

Ifthe name or designation ofthe management employees

14

charged with investigating issues ofdiscrimination and

retaliation change, defendant will re-post his or her name, 15

job title, work location, and telephone number. Also, 16
Defendant Lithia Subaru agrees that it shall keep a 17
Complaint Box in the employee cafeteria, lunchroom, or

18
other place within Defendant Lithia Subaru premises where

19

employees tend to gather and which is not in the managerial

20

area of Defendant Lithia Subaru's offices. The

21

management employees designated by Defendant Lithia

22

Subaru as charged with investigating complaints of

23

discrimination will gather the complaints from the

24

Complaint Box.

25

CONSENT DECREE - PAGE 5

u.s. £QUAL EMI'I,.OYMEN't OpPQRnlNITY COMMISSION Sc-attl~ Olslri<:c Ofli~~ 909 Pint .......... 1'';1< 400
SooUlc. w..bingmn '1RI04-1061
'relc~ (~06) :!20068U
F4C$hllilo;; (~06) 220.09 II
TOO, (~:1.Z0.66l12

Feb~02-0S 02:31pm From-EEOC SEDO

20S 220 S911

T-82S P.007/018 F-S80

1

(ii) Defendant Lithia Subaru agrees that it shall enable

2

complaining parties to be interviewed by Defendant Lithia

3

Subaru about their complaints in such a manner that

4

permits the complruning party, at such party's election, to

5

remain inconspicuous to all of the employees in such

6

party's work area. Defendant Lithia Subaru agrees that its

7

complaint procedure shall not impose upon individuals

seeking to makc a complaint alleging discrimination and/or
8
retaliation any requirements that are more bw:densome than 9
are imposed upon individuals who make other complaints 10
of comparable gravity. 11

12

(iii) Defendant Lithia Subaru agrees that it shall ensure that its

13

policies and procedures provide that complaint handling

14

and disciplinary procedures regarding all complaints of

discrimination and/or retaliation are investigated and 15
addressed promptly. Specifically, Defendant Lithia Subaru 16
agrees that it shall investigate all complaints of 17
discrimination and/or retaliation promptly and to complete 18
investigations within two (2) weeks. Defendant Lithia
19 Subaru will further make its best effort to prepare its
20 written findings of the results of each investigation and the

21

remedial actions proposed within seven (7) days after

22

completion ofthe investigation, and shall thereupon

23

promptly communicate to the complaining party the results

24

of the investigation and the remedial actions taken Or

25

CONSENT DECREE - PAGE 6

U.S. EQUAL EMPLOYMENT OPI'ORTUNITV COMMISSION Sesntc DI.trI~ Office
909 F'R1I' Avonuc. Sui", 400 S_I., WllllhlnKlDn 9811l4-IMI
Tdo:phcac: (20l>1lllJ-6llljJ
FoaimiIo: (206) :!2O-6Qll TDn: (1U<i) ~~82

Feb'-02-06 02: 32pm From-EEOC SEDO

206 220 6911

T-826 P.008/018 F-680

1

proposed, if any. Such communication will reasonably take

2

into account the privacy of the accused.

3
(iv) Defendant Lithia Subaru agrees that it shall ensure that 4
appropriate remedial action is taken to resolve complaints 5
and to avoid the occurrence of discrimination and/or

6

retaliatic:m.

7

(b) Policies Designed To Promote Supervisor AccountabilitY.
8

9

(i) Defendant Lithia Subaru agrees that it shall impose

10

substantial discipline - up to and including demotion,

11

suspension without payor tenn.ination upon any supervisor

12

or manager who engages in discrimination or pemrits any

13

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

14

employees under his or her supervision, or who retaliates

15

against any person who complains or participates in any

investigation or proceeding concerning any such conduct. 16
Defendant Lithia Subaru shall communicate this policy to 17
all of its supervisors and managers.
18

19

(ii) Defendant Lithia Subaru agrees that it shall continue to

20

advise all managers and supervisors oftheir duty to actively

21

monitor their work areas to ensure employees' compliance

22

with the company's anti-discrimination and retaliation

23

policy, and to report any incidents and/or complaints of

discrimination Or retaliation of which they become aware to 24
the department charged with handling such complaints. 25

CONSENT DECREE - PAGE 7

U.s. .i>QUAL EMPLOYMENT OPPORTUNITY COMMISSION
li4:artlc Oislri.. Office
!109 (T"" A~ S~h. 400 So.ttIe. W..hiDgIoll 95104-10&1
T.r.phone: (lOf;) 220-68113 p~ (!06) :C~~II
TOD: (201;) 22M111l

Feb":02-06 02: 32pm From-IEEOC SEDO

20S 220 S911

T-826 P.009/018 F-680

1

(iii) Defendant Lithia Subaru agrees that any failure to comply

2

with this policy will be considered in evaluating its

3

managers, including when they are being considered for

4

prornoti.ons.

5 (c) Anti-Discrimination and Retaliation Training.

6

7

(i) Defendant Lithia Subaru agrees that it shall provide annual

anti-discrimination and retaliation training to all employees; 8

to provide anti-discrimination and retaliation training to all 9

new employees during employee orientation; to provide 10
allti-discrimination and retaliation training to all senior 11
managers; and to provide training to all persons charged

12 with the handling of complaints of discrimination and

13

retaliation in the workplace. This training shall include

14

issues regarding discrimination and retaliation as it may

15

affect employees and/or customers ofDefendant Lithia

16

Subaru and the techniques for investigating and stopping it.

17
(ii) Defendant Lithia Subaru agrees that all training required by 18
this Decree shal1 be conducted by educators, consultants or 19
attorneys experienced in the area of anti-discrimination
20 employment law and retaliation training.

21

22

(iii) Defendant Lithia Subaru agrees that it shall require the

Chairman and CEO Sid DeBoer to introduce the annual 23

anti-<liscrirnination training to communicate Defendant 24
Lithia Subaru's comminnent to its Statement ofZero25

CONSENT DECREE - PAGE 8

u.s. EQUAL EMPLOYMENT Ol'I'ORTUNITY COMMiSSION
Sniltk Di..rict Offic. 909 F'",. A _ S./<e 400
~""'Ik;, W05binFDII 'B104-1~1 ToIopbooe: (::!OG)2~883 p..,.;,ruz", (~06) 22~911
~'DO: (200) ~8:!

Feb':02-06 02: 82 pm From··EEOC SEOO

206 220 6911

T-826 P.010/018 F-6~0

1

Tolerance Policy and anti-harassment policy. This

2

introduction by Mr. DeBoer may be done through a pre-

3

recorded video.

4
C. E:f(punging Records
5

6

19. DI:fendant Lithia Subaru will expunge from the Charging Parties'

7 personnel files, any references to a charge of discrimination against Defendant Lithia

Subaru and this l:awsuit. Defendant Lithia Subaru will not add any information or
8
references to charging parties' personnel files or records regarding their charge of 9
discrimination and this lawsuit after such references have been expunged. Files
10
containing infoImation about the Charging Parties that have been developed during the 11
subject litigation will be maintained at the offices ofDefendant Lithia Subaru's counsel,
12 Foster Pepper Tooze LLP. Defendant Lithia Subaru will make the Charging Parties'
13 personnel files available for inspection by their counselor the individual Charging Parties

14 at the offices of Foster Pepper Tooze LLP.
15
20. Defendant Lithia Subaru will not disclose any infonnation or make 16
references to any charges of discrimination or this lawsuit in responding to employment 17
reference requests for infonnation about Mark Hams and Hussain Adel. In response to 18
any inquiries, Defendant Lithia Subaru shall provide employment references that include 19
only dates of employment and positions held. Lithia Subaru will provide each of the 20
Plaintiff-Intervenors a reference letter on Lithia Subaru letterhead confirming dates of
21 employment, positions held, final rate ofpay, and a statement that the employee
22 ''perfonned satisf~lCtorily." Defendant Lithia Subaru may produce personnel information

23 involving these Charging Parties only ifit is responding to any third party lawful

24 subpoena.

25

CONSENT DECREE - PAGE 9

U.S. EQUAL EMPLOYMENT Of>PORTUNITY COMMISSION St-aldt nlltl'icl Office 9O!l First Av...... S"il~ 400
Sc.I.tl.. WashinstOJl 9RI04-I061 T.lephone (~OGJ ~~~83 FllI:IIin~l~ (206) 220.6911
TOD- ('00) ~.~8G I

Feb~02-06 02: 32pm Frem-'EEOC SEDO

206 220 S911

T-826 P.Oll/018 F-S80

1

D.

2

3

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

thereafter for the duration of the Decree, Defendant Lithia Subaru will send the EEOC a
4

written report of inclividuals who complained ofharassment during the prior six-month 5

period, along with an explanation as to aU actions taken with regards to such complaints.

6

7

22. Defendant Lithia Subaru shall sublUit a final report to the EEOC 30 days

8 before the ConseIlt Decree expires containing a statement that it has complied with all the

9 terms of this Com)ent Decree.

10

E. Posting

11
23. Within two (2) weeks after entry of this Decree, Defendant Lithia Subaru 12
shall post a notice in the form ofExhibit 1 attached to this Decree in proIllinent and 13
conspicuous location(s) in or near the employee cafeteria, lunchroom or other place 14
within Defendant Lithia Subaru's facilities where employees tend to gather. The notice
15 shall remain posted for the duration ofthis Decree. In the event that the persons and/or
16 departments to whom individuals should make complaints alleging discrimination and/or

17 retaliation change during the term ofthe Decree, such that the information contained on

18 the notice is no longer accurate, Defendant Lithia Subaru shall immediately prepare a new

19 notice that contains the correct infonnation. Defendant Lithia Subaru shall thereupon

20 promptly replace the old notices with the revised notices. Defendant Lithia Subaru shall

21 maintain a copy of this Decree in its Personnel Office for any employee who wishes to

22 review it.

23
24
25
CONSENT DECREE· PAGE 10

u.s. F.QUAL £Ml'LOVMENT OPPOR'rUNITY COMMISSION S...We Diatrlet Otria! 909 F!tsJ "",u<, Suit. 400 S..wo. WoIIIhiRi\on 91104-10(,1
Telephone: (206) 22O-6HR3 F=imol.. (206) :aQ-6~1 J
TDD: (~OG) ~2

Feb:"02-06 02: 33pm From··EEOC SEDO

20S 220 S911

T-826 P.012/018 F-6~0

1

VTII. ENFORCEMENT

2

3

24. If the EEOC concludes that Defendant Lithia Subaru has breached this

agreement, it may bring an action in the United States District Court for the District of
4

Oregon to enforce this Consent Decree. Before bringing an action for breach of the 5
Decree, the EEOC shall first give Defendant Lithia Subaru ten (10) days notice. The
6
EEOC and Defendant Lithia Subaru shall use that lO-day period for good faith efforts to
7 resolve the matter.

8

9

IX. RETENTION OF JURISDICTION

10

25. The United States District Court for the District of Oregon shall retain

11 jurisdiction over this matter for the duration ofthe Decree.

12
x. DURATION AND TERMINATION
13

14

26. This Decree shall be in effect for three (3) years, commencing with the

15 date the Decree is filed. If the EEOC petitions the court for breach of agreement, and the

16 court finds Defendant Lithia Subaru to be in violation ofthe terms of the Consent Decree,

17 the court may extend this Consent Decree.

18

III

19
III
20

21

/II

22 /11
23

24

25
CONSENT DECrusB - PAGE 11

u.s. EQUAL EMPLOYMENT OI'.PORTIJNITV C;OMMJSStoN
~H111' Oistml 0fIIcc: ?O? F'nl Avcnua., Silita 400
SRllk. W..ruagtan 98104-1061 Telephoner. (206) 22o~ J'oe.'imi1c: r.Q(;) l20-6911 TDO: tl~1 ~O..c.MII2

1 XI. CONCLUSION

2

3

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

the authorized representatives for the Plaintiff EEOC and Defendant Lithia Subaru sign 4
and the court enters the Consent Decree in the court. 5

6

DATED this 6th day of _March 2006.

7

WILLIAM: R. TAMAYO

8

Regional Attorney

JAMES L. LEE Deputy General Counsel

9

U.S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

10

SAN FRANCISCO DISTRICT OFFICE

350 The Embarcadero, Ste. 500

11

San Francisco, CA 94105-1260

12

A. LUIS LUCERO, JR.

13

Associate Regional Attorney

14

KATHRYN OLSON

Supervisory Trial Attorney

15

CARMEN FLORES

16

Senior Trial Attorney

GWENDOLYN YOUNG REAMS Associate General Counsel

17

18

By: /s/ William R. Tamayo

EQUAL EMPLOYMENT OPPORTUNITY

19

COMMISSION

Seattle District Office

20

909 First Avenue, Suite 400

Office of the General Counsel

Seattle, Washington 98104

21

Telephone (206) 220-6920

1801 "L" Street, N.W. Washington, D.C. 20507

22

23

24 25
CONSENT DECREE - PAGE 12

u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-106)
Telephone: (206) 220-1,883 Facsimile: (206) 220-10911 TDD. (206) 220-1,882

Feb';..02-06

1

2 FOSTER PEPPER TOOZE LLP

3

601 SW Second Avenue

Ste.1800

4

Portland, OR 97204

(503) 221-0607 5

6

7

8

9

10

11

12

13

14

15

16

17

18

19
20

21

22 23

24

25
CONSENT DECREE - PAGE 13

206 220 6911

T-826 P.014/018 F-6~O

u.s. EQUAl, I>M1'LOYMENT OJ'I'OJ(TUNITY COMMISSION
~UI~ District Office ?09 I'"nl Avt11ut, Suilo 400 5"\1'100, w"""inalon 9810<\.1061 Talcpboao: (106) :!.20-6l!83
Foaimile: (:lO~) :!:!D-6911
TDD-(206)22O-a1l2

Feb:'02-06 02:33pm Frem"EEOC SEDO
1 2
3
4 5 6 7 8
9 10 11
12 13 14 15 16 17 18 19
20
21 22 23 24 25
CONSENTDECREE-PAGE14

20S 220 S911

T-82S P.01S/018 F-S"O

u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMlssrON Seaale District Office
909 fil'l'll"...... Suit. 0100 S....l<. wlldhi~ton 98104-1061
T....,bon., (206) Z!0-6MII3 I't,..imlo; (20b) !zU-6S11
TOO-. (!~ ~8J2

Feb:02-0S 02: 34pm Fram··EEOC SEDO

20S 220 S911

T-826 P.016/018 F-6UO

1 ORDER
2 The COUJrt having considered the foregoing stipulated agreement of the parties. IT
3 4 IS HEREBY ORDERED THAT the foregojng Consent Decree be, and the same is,

approved as the final decree of this Court in full settlement ofthis action. This lawsuit is
5

hereby dismissed with prejudice and without costs or attorneys' fees to any party. The 6
Court retains jurisdiction of this matter for purposes of enforcing the consent decree

7 approved herein.

8 9

L DATED this day Of._~It....!-.(;..:.'}..!:I'_/..!-_--,. 2006.

10

11

12

13

14

15

16

17

18

19

20

21

22 23

24 25
CONSENT DECREE .. PACiE 15

u.s. EQUAl. EMPLOVM:ENT OI'PO~TUNll'Y COMMISSION Se.ttlo Dlstrle[ Oilier ~9 F.' .l A...,..e, Sk;lc ~oo SeaaJe, W..hinpn 1111104.1061 Telaphone< (:!06) 22O-6SH3 P=jmjio, (:!CIiS) ~20-6911
TDO: (206) :U~R~

Feb:02-06 02: 34pm Fram··EEOC SEDO

206 220 6911

T-826 P.017/018 F-6ijO

1

NOTICE TO EMPLOYEES

2

3
4 THE: U.S, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND LITHIA SUBARU OF OREGON CITY, OREGON HAVEAGREE:D TO A CONSE:N'f DECREE THAT HAS BE:E:N ENTERED PURSUANT TO AN ORDER OF THE COURT. THIS
5 NOTICE HAS BE;EN POSTED PURSUANT TO THE ORDER E:NTERED IN THE:
EEOC ET AL v. LITHIA SUBARU OF OREGON CITY IN THE U.S. DISTRICT
COURT OF OREGON, CAUSE NO. 04136 AS.
6

7
FEOE;RAL LAV\I' AND THIS CONSENT DECRE:E: PROHIBIT DISC~lMINATION OR
8 RETAWATION AGAINST ANY EMPL.OYEE,

9

FEOE;RAL LAW ALSO PROHU:SITS RETALIATION AGAINST ANY EMPLOYEE BY

10

AN EMPLOYER BECAUSE THE: INDIVIDUAL COMPLAINS OF DISCRIMINATION, COOPERATES W'ITH ANY EMPLOYe:~ OR GOVERNME:NT INVESTIGATION OF A

CHARGE OF DI!;CRIMINATION, PARTICIPATES AS A WITNESS OR POTENTIAL

11 WITNESS IN ANY INVESTIGATION OR LEGAL PROCEEDING, OR OTHERWISE

EXERCISES HIS: OR HER RIGHTS UNDER THE LAW.

12

13 ANY EMPLOYEI;:: WHO IS FOUND TO HAVE RETALIATED AGAINST ANYOTHE:R

E:MPLOYEE BECAUSe: SUCH EMPLOYEE; PARTICIPATE:D IN THIS LAWSUIT WILL

14

BE SUBJECT TC) SUBSTANTIAL DISCIPUNE: UP TO AND INCLUDING IMMEDIATE DISCHARGE.

15 16 SHOULD YOU HAVE ANY COMPLAINTS OF DISCRIMINATION. INCLUDING
HARASSMENT, YOU SHOULD CONTACT __,

17

18

EMPLOYEES ALSO HAVE.: THE RIGHT TO BRING COMPLAINTS OF
DISCRIMINATION OR HARASSMENT TO THE U.S. EQUAL EMPLOYMe:NT

OPPORTUNITY COMMISSION, SEATILE DISTRICT OFFICE; AT 909 1ST

19 AVENUE SUITE: 400, SEATTLE:, WA98104-1061, 206.220.6883,

1800,669.40C»0, OR THE OREGON STATE HUMAN RIGHTS COMMISSION AT

20

21

22 THIS NOTICE SHALL. REMAIN PROMINENTLY POSTED IN THE 8REAK

ROOM AT LITtflA SUBARU OF OREGON CI"'Y~ OREGON UNTIL

•

23

24
25 CONSENTDECREE-PAGE16

U,S. EQUAL F:MPLOYMENT OI'PORTUNITV COMMISSJON Snnle Di>llrict Office 909 Pirn A"'~Ha;, Suite 4100
Se:mIe. \VII!I~ItlaIOn ~810'1.106J ToJqmno: (2001 n0-6U3 F.<SimiIe: (l06) 220-&911
TOP: (200) 2ltM>lIB2

Feb'-02-08 02: 34pm From-EEOC SEOC

208 220 8911

T-826 P,018/018 F-890

1 THIS OFFICIAL NOTICE SHALL NOT BE AI.. T~RED, CEFACe:D, COye:RED OR OBSTRUCTED BY ANY O'1'HER MATERIAL,.
2

3

4

5

6

7

8 9

10

11

12

13

14

15

16

17

18

19

20

21

22 23

24 25
CONSENT DECREE - PAGE 17

u.s. EQUAl. EMPLOVMENT OPPOR.'fUNITY COMMISSION

A......,. Scatde DiJtrkt om"

90' FUn

Sun. 400

St:Jtu.. w..nin&tcm ~HI04-11kI1

TeIepIIon<' (201.) :!...'10-6813

F_lo: (106) lllI-6911

roD: (206) :!...~682

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
LITHIA SUBARU OF OREGON CITY, Defendant.

CIVIL NO. 04-1361-AS
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION

MOSMAN, J.,

On June 1, 2005, Magistrate Judge Ashmanskas issued Findings

and Recommendation (#41) in the above-captioned case DENYING

defendant's motion to compel arbitration. Objections (#42) were

filed on June 16, 2005, and a response (#46) to the objections

was filed on July, 5 2005.

This court has conducted a de novo review pursuant to 28

U.S.C. § 636(b) (1) (B) and Fed. R. Civ. P. 72(b) and ADOPTS the

Findings and Recommendation as the opinion of this court.

Accordingly, defendant's motion to compel arbitration is DENIED.

IT IS SO ORDERED.

DATED:

Portland, Oregon, August 2--, 2005.
J\bJZ~Xl"Q.g)A). M~
MICHAEL W. M SMAN United States District Judge

 
 District of Oregon - Docket Report

https://ecf.ord.uscourts.gov/cgi-bin/DktRpt.pl?108023244978576-L_35...

PARTCONS, TERMINATED
U.S. District Court District of Oregon (Portland) CIVIL DOCKET FOR CASE #: 3:04-cv-01361-AS

Equal Employment Opportunity Commission v. Lithia Subaru Of Oregon City Assigned to: Magistrate Judge Donald C. Ashmanskas Case in other court: 1 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/24/2004 Date Terminated: 03/02/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by A.Luis Lucero, Jr. Equal Employment Opportunity Commission 909 First Avenue, Suite 400 Seattle, WA 98104 (206) 220-6892 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carmen Flores Equal Employment Opportunity Commission 909 First Avenue Suite 400 Seattle, WA 98104-1061 (206) 220-6893 Fax: (206) 220-6911 Email: carmen.flores@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff

Kathryn Blaire Olson Equal Employment Opportunity Commission (EEOC) 909 First Avenue Suite 400 Seattle, WA 98104-1061 (206) 220-6895 Fax: (206) 220-6869 Email: Kathryn.olson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

1 of 9

6/6/2007 7:35 PM

District of Oregon - Docket Report
Hussain Adel
Intervenor Plaintiff Mark Harris V. Defendant Lithia Subaru Of Oregon City
2 of 9

https://ecf.ord.uscourts.gov/cgi-bin/DktRpt.pl?108023244978576-L_35...
represented by William D. Stark 876 Welcome Way, SE Suite 200 Salem, OR 97302 (503) 588-3241 Fax: (503) 588-1472 Email: billaw97302@yahoo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William D. Stark (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carter M. Mann Foster Pepper Tooze, LLP 601 SW Second Avenue Suite 1800 Portland, OR 97204-3171 503 221-2219 Fax: (503) 221-1510 Email: mannc@fosterpdx.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nancie K. Potter Foster Pepper Tooze, LLP 601 SW Second Avenue Suite 1800 Portland, OR 97204-3171 (503)221-0607 Fax: (503)221-1510 Email: pottn@fosterpdx.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Gentry Foster Pepper Tooze, LLP 601 SW Second Avenue Suite 1800 Portland, OR 97204-3171 (503) 221-0607 Fax: (503) 221-1510 Email: gentm@fosterpdx.com
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ATTORNEY TO BE NOTICED

Date Filed 09/24/2004
09/24/2004
10/22/2004 10/25/2004 10/26/2004 11/01/2004 11/08/2004 11/08/2004 12/03/2004 12/07/2004 12/30/2004 01/04/2005 01/07/2005

#

Docket Text

1 Complaint. Demand For Jury Trial. Summons issued as to Lithia Subaru Of Oregon City Stephen Matthews, Registered Agent.Filed by Equal Employment Opportunity Commission against Lithia Subaru Of Oregon City.(cib, ) (Entered: 09/27/2004)
2 Discovery and Pretrial Scheduling Order and Notice of Case Assignment. Discovery to be completed by 1/22/2005. Joint Alternate Dispute Resolution Report due by 2/21/2005.Pretrial Order due by 2/21/2005. (cib, ) (Entered: 09/27/2004)
4 Corporate Disclosure Statement. Filed by Defendant Lithia Subaru Of Oregon City. (peg, ) (Entered: 10/26/2004)
3 Answer to Complaint. Filed by Defendant Lithia Subaru Of Oregon City.(peg, ) (Entered: 10/26/2004)
5 CIVIL MINUTES: Record of Order by Judge Ashmanskas - SETTING a Telephone Rule 16 Conference for Wednesday, January 19, 2005, at 10:15AM; Court staff will initiate the call. (peg, ) (Entered: 10/26/2004)
9 Fed. R. Civ. P. 26(a)(1) Agreement. Filed by Equal Employment Opportunity Commission.(cib, ) (Entered: 12/06/2004)
6 Motion to Intervene. Filed by Hussain Adel, Mark Harris. (cib, ) (Entered: 11/09/2004)
7 Intervener Complaint. Jury Trial Demand.Filed by Hussain Adel, Mark Harris against Lithia Subaru Of Oregon City.(cib, ) Receipt #180198 For $150.00. (Entered: 11/09/2004)
8 ORDER: GRANTING Plaintiffs-Intervenors Motion6 to Intervene. Plaintiffs-Intervenors complaint due to be filed within 10 days of this order, 12/13/04. (peg, ) (Entered: 12/03/2004)
10 Intervenor-Plaintiffs' Complaint against Defendant Lithia Subaru of Oregon City; Jury Trial Requested.Filed by Hussain Adel and Mark Harris.(peg, ) (Entered: 12/13/2004)
11 (Proposed) Joint Discovery Plaint. Filed by all parties.(peg, ) (Entered: 01/05/2005)
12 Return of Service executed upon Carter Mann, Attorney For Lithia Subaru Of Oregon City on 12/20/04. Filed by Hussain Adel, Mark Harris. (cib, ) (Entered: 01/06/2005)
13 CIVIL MINUTES: Record of Order by Judge Ashmanskas - GRANTING portions 1-6 of the parties Proposed Joint Discovery Plan11 as follows: (1) Parties to submit a joint settlement/status report by 2/28/05; (2) Plaintiff's expert disclosure/expert report due by 3/31/05; (3) Defendant to disclose

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01/10/2005 01/10/2005 01/10/2005 01/10/2005
01/20/2005
01/27/2005 01/28/2005
02/28/2005 02/28/2005 03/01/2005 03/04/2005

experts/rebuttal experts by 4/20/05; (4) Plaintiff's rebuttal experts if any by 5/31/05; (5) Any motions re: experts to be filed by 6/30/05; (6) Non Expert Discovery cut-off by 4/29/05; (7) Dispositive motions filed by 5/31/05; (8) Trial date and related matters will be determined after resolution of dispositive motions; (9) STRIKING as moot the 1/19/05 telephone rule 16 conference. (peg, ) (Entered: 01/07/2005)
14 Motion to Compel Arbitration. Filed by Lithia Subaru Of Oregon City. (Mann, Carter) (Entered: 01/10/2005)
15 Memorandum in Support of Motion to Compel Arbitration. Filed by Lithia Subaru Of Oregon City. (Related document(s): Motion to compel14.)(Mann, Carter) (Entered: 01/10/2005)
16 Declaration of Erika Torson in Support of Lithia's Motion to Compel Arbitration. Filed by Lithia Subaru Of Oregon City. (Related document(s): Motion to compel14.)(Mann, Carter) (Entered: 01/10/2005)
17 Certificate of Service by Lithia Subaru Of Oregon City re Motion to Compel Arbitration14 , Memorandum of Law in Support of Motion to Compel Arbitration and Declaration of Erika Torson in Support of Motion to Compel Arbitration. Filed by Lithia Subaru Of Oregon City. (Mann, Carter) (Entered: 01/10/2005)
18 CIVIL MINUTES: Record of Order by Judge Ashmanskas - SETTING Defendant's Motion to Compel Arbitration14 on the Court's Oral Argument Motion Calendar of Monday, February 28, 2005, at 1:30PM. (peg, ) (Entered: 01/20/2005)
19 Motion to Expand the Time to Respond to Defendant's Motion14 to Compel Arbitration. Filed by Plaintiff-Intervenors Adel and Harris. (peg, ) (Entered: 01/28/2005)
20 CIVIL MINUTES: Record of Order by Judge Ashmanskas - GRANTING plaintiff-intervenors' motion19 to extend time to respond to defendant's motion to compel arbitration to 3/1/05. ORDER: RESETTING oral argument on defendant's motion to compel arbitration14 from 2/28/05 to Monday, March 28, 2005, at 9:00AM. (peg, ) (Entered: 01/28/2005)
21 Status Report by Lithia Subaru Of Oregon City. Filed by Lithia Subaru Of Oregon City. (Mann, Carter) (Entered: 02/28/2005)
23 Response to Defendant's Motion to Compel Arbitration14. Filed by Plaintiff-Intervenors.(peg, ) (Entered: 03/02/2005)
22 Third Party Response EEOC's 3rd Party Response to Motion to Compel Arbitration14. Filed by Equal Employment Opportunity Commission.(Flores, Carmen) (Entered: 03/01/2005)
24 CIVIL MINUTES: Record of Order by Judge Ashmanskas - GRANTING the parties request for extension time contained in their 2/28/05, status report, as follows: (1) Plaintiff's expert disclosure/expert report due by 6/30/05; (2) Defendant's expert disclosure/rebuttal expert due by 7/21/05; (3) Plaintiff's rebuttal expert, if any, due by 8/31/05; (4) Any motions re: experts to be filed by 9/30/05; (5) Non-expert discovery cut-off by 7/29/05; (6)

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03/07/2005 03/11/2005 03/11/2005 03/11/2005 03/11/2005 03/11/2005
03/16/2005
03/18/2005 03/22/2005 03/22/2005 03/22/2005 03/23/2005 04/05/2005

Dispositive motions to be filed by 8/31/05. (peg, ) (Entered: 03/04/2005)
25 CIVIL MINUTES: Record of Order by Judge Ashmanskas - RESETTING Oral Argument on Defendant's Motion to Compel Arbitration14 from 3/28/05, to Monday, April 25, 2005, at 9:00AM. (peg, ) (Entered: 03/07/2005)
26 Reply Memorandum in Support to Motion to Compel Arbitration14. Filed by Lithia Subaru Of Oregon City.(Mann, Carter) (Entered: 03/11/2005)
27 Declaration of Carter Mann in Support of Lithia's Motion to Compel Arbitration. Filed by Lithia Subaru Of Oregon City. (Related document(s): Motion to compel14.)(Mann, Carter) (Entered: 03/11/2005)
28 Declaration of Suzi Ellis Alligood In Support of Lithia's Motion to Compel Arbitration. Filed by Lithia Subaru Of Oregon City. (Related document(s): Motion to compel14.)(Mann, Carter) (Entered: 03/11/2005)
29 Supplemental Declaration of Erika Torson In Support of Lithia's Motion to Compel Arbitration. Filed by Lithia Subaru Of Oregon City. (Related document(s): Motion to compel14.)(Mann, Carter) (Entered: 03/11/2005)
30 Certificate of Service by Lithia Subaru Of Oregon City re Motion to Compel Arbitration14 Defendant's Reply Memorandum in Support, Declaration of Carter Mann, Declaration of Suzi Ellis Alligood and Supplemental Declaration of Erika Torson. Filed by Lithia Subaru Of Oregon City. (Mann, Carter) (Entered: 03/11/2005)
31 CIVIL MINUTES: Record of Order by Judge Ashmanskas - GRANTING defense counsel's request to RESET oral argument on defendant's Motion to Compel Arbitration14 from 4/25/05, to Monday, May 2, 2005, at 3:00PM. (peg, ) (Entered: 03/16/2005)
32 Motion for Stay Pending Discovery Or File A Sur-Reply. Expedited Hearing Requested. Filed by Hussain Adel. (cib, ) (Entered: 03/22/2005)
33 Response in Opposition to Plaintiffs' Motion to Stay Motion to Compel Arbitration to Motion for Stay32. Filed by Lithia Subaru Of Oregon City.(Mann, Carter) (Entered: 03/22/2005)
34 Certificate of Service by Lithia Subaru Of Oregon City re Response in Opposition to Motion33 to Stay Motion to Compel Arbitration. Filed by Lithia Subaru Of Oregon City. (Mann, Carter) (Entered: 03/22/2005)
35 ORDER: by Judge Ashmanskas - GRANTING Plaintiffs-Intervenors' Motion to File a Sur-reply and DENYING their Motion for a Stay32. (peg, ) (Entered: 03/22/2005)
36 CIVIL MINUTES: Record of by Judge Ashmanskas - Plaintiff-Intervenors Sur-reply re: the Motion to Compel Arbitration14 is due by 4/5/2005. (peg, ) (Entered: 03/23/2005)
38 Motion to Expand Time to File Sur-Reply. Filed by plaintiff-intervenors. (peg, ) (Entered: 04/08/2005)

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04/08/2005 04/08/2005 05/02/2005
06/01/2005 06/16/2005 06/27/2005 06/28/2005 07/01/2005
07/05/2005 07/06/2005 07/07/2005 07/13/2005 07/15/2005

37 Sur-Reply In Opposition to Defendants' to Motion to Compel Arbitration14. Filed by Hussain Adel, Mark Harris.(Stark, William) (Entered: 04/08/2005)
39 CIVIL MINUTES: Record of Order by Judge Ashmanskas - GRANTING plaintiff-intervenors' motion38 to extend time to 4/8/05, to file their sur-reply. (peg) (Entered: 04/08/2005)
40 CIVIL MINUTES: Record of Proceedings: Motion Hearing held before Judge Ashmanskas - Taking Defendant's motion14 to compel arbitration under advisement as of 5/2/05; Formal ruling to follow. Carmen Flores present as counsel for plaintiff. William Stark present as counsel for plaintiff-intervenors. Carter Mann present as counsel for defendant. Court Reporter: Dennis Grube. (peg, ) (Entered: 05/03/2005)
41 Findings & Recommendation: Defendant's motion to compel arbitration14 should be denied. Objections to the Findings and Recommendation due by 6/16/2005. Signed on 6/1/05, by Judge Donald C. Ashmanskas. (peg, ) (Entered: 06/03/2005)
42 Objection(s) to Magistrate's Findings and Recommendation on Defendant's Motion to Compel Arbitration. Filed by Lithia Subaru Of Oregon City.(Mann, Carter) (Entered: 06/16/2005)
43 Motion for Extension of Time to Respond to Defendant's Objections to The Magistrate's Findings & Recommendations on Defendant's Motion to Compel Arbitration. Filed by Hussain Adel, Mark Harris. (Stark, William) (Entered: 06/27/2005)
44 Motion for Extension of Time to File a Response to Objection to Findings & Recommendation41. Filed by Hussain Adel, Mark Harris. (ntm, ) (Entered: 06/28/2005)
45 CIVIL MINUTES: Record of Order by Judge Ashmanskas - GRANTING plaintiff-intervenors motion43 for extension of time up to and including 7/5/05, in which the parties may file responses to the objections to the court's findings and recommendation41. ORDER: DENYING as moot motion44, as it appears to be a duplicate of motion43. (peg, ) (Entered: 07/01/2005)
46 Response to Objections to the Magistrate's to Findings & Recommendation41. Filed by Hussain Adel, Mark Harris. (Attachments: # 1 Certificate of Service)(Stark, William) (Entered: 07/05/2005)
47 Response to Objections to Findings & Recommendation41. Filed by Hussain Adel.(ntm, ) (Entered: 07/06/2005)
48 Order by Judge Ashmanskas - REFERRING the Findings & Recommendation41 to the Honorable Michael W. Mosman for review. Objections to the court's F&R42 and Response to the objections46 have been filed. (peg, ) (Entered: 07/07/2005)
49 Unopposed Motion for Extension of Discovery & PTO Deadlines. Filed by Lithia Subaru Of Oregon City. (Mann, Carter) (Entered: 07/13/2005)
50 CIVIL MINUTES: Record of Order by Judge Ashmanskas - GRANTING defendant's unopposed motion49 to extend deadlines as follows: (1)

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08/02/2005 08/09/2005 08/17/2005
08/19/2005 08/31/2005 09/19/2005 09/26/2005 09/28/2005 10/12/2005
10/19/2005 11/03/2005

Discovery to be completed by 11/30/2005; (2) Dispositive motions due by 12/30/2005. (peg, ) (Entered: 07/15/2005)
51 ORDER: Signed on 8/2/05 by Judge Michael W. Mosman. Adopting Findings and Recommendation 41. (ntm, ) (Entered: 08/03/2005)
52 Answer to Intervener Complaint. Filed by Lithia Subaru Of Oregon City.(Mann, Carter) (Entered: 08/09/2005)
53 Notice of Appeal to the 9th Circuit from Order on Findings & Recommendation51 filed by Lithia Subaru Of Oregon City. Filing fee in amount of $255.00 collected; Receipt No. 5079 issued. Transcript Designation due by 10/17/2005. (Related Document(s): Order on Findings & Recommendation51 ) (Meyer, Craig) (Entered: 08/19/2005)
Notification of Appeal (with attached representation Statement)53 sent to USCA for the 9th Circuit and to counsel along with a copy of the docket sheet. CADS mailed to Court of Appeals. (Related Document(s): Notice of Appeal, 53 ) (tomg, ) (Entered: 08/21/2005)
Notification by USCA 9th Circuit of case number CA 05-35856 for Notice of Appeal 53 filed by Lithia Suburu on 8/17/05. (Related Document(s): Notice of Appeal, 53 ) (tomg, ) (Entered: 09/19/2005)
56 Transcript Designation and Order Form for the hearing held on 5/2/05 regarding Notice of Appeal 53. Filed by Lithia Subaru Of Oregon City. (Related Document(s): Notice of Appeal, 53 ) (tomg, ) (Entered: 10/04/2005)
54 Motion for Protective Order. Oral Argument requested Filed by Lithia Subaru Of Oregon City. (ntm, ) (Entered: 09/26/2005)
55 CIVIL MINUTES: Record of Order by Judge Ashmanskas - SETTING Defendant Lithia Subaru of Oregon City's Motion for Protective Order54 for Oral Argument on Monday, October 24, 2005, at 9:00AM. (peg, ) (Entered: 09/28/2005)
57 CIVIL MINUTES: Record of ORDER by Judge Ashmanskas - As parties have represented to the court by e-mail, dated 10/12/05, that they have reached a tentative resolution re: defendant's motion for protective order54, the Court DENIES defendant's motion54 as moot. However, the Court will allow defendant to renew or reopen their motion if they do not consummate their tentative agreement. ORDER: STRIKING the 10/24/05 oral argument re: motion54. (peg, ) (Entered: 10/12/2005)
58 CIVIL MINUTES: Record of Order by Judge Ashmanskas - SETTING a Telephone Status Conference for Thursday, November 3, 2005, at 10:15AM; Court staff will initiate the call. (peg, ) (Entered: 10/19/2005)
59 CIVIL MINUTES: Telephone Status Conference held by Judge Ashmanskas - ORDER - GRANTING the parties oral request to extend case management deadlines as follows: (1) Discovery to be completed by 1/30/2006. (2) Dispositive Motions due by 2/28/2006. Carmen Flores present as counsel for plaintiff. William Stark present as counsel for intervenor-plaintiff. Carter Mann present as counsel for defendant. Court Reporter: None. Donald C.

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11/08/2005 11/21/2005 12/12/2005 12/23/2005 01/03/2006 01/05/2006 01/09/2006 01/09/2006
01/09/2006 01/09/2006 01/09/2006 01/11/2006 01/27/2006

Ashmanskas presiding. (peg, ) (Entered: 11/03/2005)
60 Notice Unavailability. Filed by Carmen Flores appearing on behalf of Equal Employment Opportunity Commission.(Flores, Carmen) (Entered: 11/08/2005)
61 Transcript of Proceedings - motion hearing held on 5/2/05, before Judge Ashmanskas. Court Reporter: Dennis Grube. (peg, ) (Entered: 11/22/2005)
63 Order from USCA for the 9th Circuit re Notice of Appeal CA 05-35856 53: Revised Briefing Schedule. (Related Document(s): Notice of Appeal, 53 ) (tomg, ) (Entered: 12/30/2005)
62 Motion to Compel; Expedited Hearing Requested. Filed by Plaintiff-Intervenors. (peg, ) (Entered: 12/28/2005)
64 Response in Opposition to Motion to compel62. Filed by Lithia Subaru Of Oregon City.(Mann, Carter) (Entered: 01/03/2006)
65 Record of Order by Judge Ashmanskas - Plaintiff-Intervenors' Motion to Compel62 is GRANTED. Defendant is to promptly produce the requested documents. No costs are awarded. (peg, ) (Entered: 01/05/2006)
66 Motion for Protective Order. Oral Argument requested Filed by Lithia Subaru Of Oregon City. (Mann, Carter) (Entered: 01/09/2006)
67 Memorandum in Support of Defendant Lithia Subaru of Oregon City's Motion for a Protective Order. Filed by Lithia Subaru Of Oregon City. (Related document(s): Motion for Protective Order66.)(Mann, Carter) (Entered: 01/09/2006)
68 Declaration of Don Jones in Support of Defendant's Motion for Protective Order. Filed by Lithia Subaru Of Oregon City. (Related document(s): Motion for Protective Order66.)(Mann, Carter) (Entered: 01/09/2006)
69 Declaration of Carter M. Mann in Support of Defendant's Motion for Protective Order. Filed by Lithia Subaru Of Oregon City. (Related document(s): Motion for Protective Order66.)(Mann, Carter) (Entered: 01/09/2006)
70 Declaration of Sid DeBoer in Support of Defendant's Motion for Protective Order. Filed by Lithia Subaru Of Oregon City. (Related document(s): Motion for Protective Order66.)(Mann, Carter) (Entered: 01/09/2006)
71 Scheduling Order by Judge Ashmanskas - SETTING Defendant's Motion66 for a Protective Order on the Court's oral argument motion calendar of Monday, February 27, 2006, at 1:30PM. (peg, ) (Entered: 01/11/2006)
72 Scheduling Order by Judge Ashmanskas - In light of the reported settlement of this matter by counsel for plaintiff on 1/26/06, the Court STRIKES the 2/27/06 oral argument setting re: defendant's motion66 for protective order. ORDER: SETTING a Final Paper Call Hearing for Monday, March 6, 2006, at 9:00AM. If documents sufficient to finalize this matter are received by the Court prior to close of business day 3/3/06, the FPC Hearing will automatically be stricken, and counsel would not need to appear on 3/6/06. (peg, ) (Entered: 01/27/2006)

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03/01/2006 03/02/2006
03/07/2006 03/17/2006

73 Unopposed Motion to Dismiss. Filed by Lithia Subaru Of Oregon City. (cib, ) (Entered: 03/02/2006)
74 Judgment - IT IS ORDERED and ADJUDGED that: (1) this action is DISMISSED with prejudice and without costs to any party; (2) pending motions, if any, are DENIED as MOOT; and (3) all scheduling dates shall be vacated and stricken from the calendar. Signed on 3/2/06 by Judge Donald C. Ashmanskas. (STRIKING the 3/6/06 final paper call hearing as moot.) (peg, ) (Entered: 03/02/2006)
75 Consent Decree and Order of Dismissal - Signed on 3/7/06, by Judge Donald C. Ashmanskas. (peg, ) (Entered: 03/07/2006)
76 Order from USCA for the 9th Circuit dismissing Appeal CA 05-35856 53: Appellant's motiion to dismiss this appeal is granted. (Related Document(s): Notice of Appeal, 53 ) (tomg, ) (Entered: 03/31/2006)

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 EEOC LITIGATION SETTLEMENT REPORT - March 2006

http://www.eeoc.gov/litigation/settlements/settlement03-06.html

EEOC v. Lithia Subaru of Oregon City No. 041361AS (D. Ore. March 3, 2006)
The Seattle District Office filed this Title VII lawsuit alleging that defendant, a car dealership in Oregon City, Oregon, subjected a charging party to a hostile work environment based on his national origin (Iranian) and religion (Islam), and discharged him because of his national origin and religion and in retaliation for complaining about the harassment. The complaint also alleged that defendant terminated a second CP for objecting to the treatment of minority employees in the workplace.
In February 2002 defendant acquired the Subaru dealership where both charging parties worked as sales representatives. The new General Manager (GM) and a recently promoted General Sales Manager (GSM) subjected the first CP to a daily barrage of slurs (calling him "terrorist," "sand nigger," and "camel jockey"). Defendant promoted the second CP to Floor Manager on September 1, 2002. Both before and after his promotion, he complained to the GM about the treatment of minorities in the workplace, particularly the treatment of the first CP. Defendant demoted the second CP back into a sales position on October 11, 2002. A week later, he handed the GM and GSM a letter reiterating his concerns about the hostile work environment and mentioning the behavior of the GSM and another salesman. Two days later he sent a similar letter to an executive of defendant's parent company, Lithia Motors. Shortly thereafter, defendant gave the second CP a disciplinary notice claiming he had made racist comments, and then terminated him on November 25. Meanwhile, the first CP had an argument with an employee who had been harassing him and both men were disciplined. On December 15, 2002, the first CP sent a letter to Lithia management complaining of harassment. On December 23, defendant disciplined CP for allegedly failing to follow consumer policy, and on January 3, 2003, ordered him to resign or be fired.
The San Francisco District Office resolved this case through a 3-year consent decree providing that the two CPs will share $360,000 in monetary relief. Defendant will provide each CP with a reference letter stating that he "performed satisfactorily." The decree enjoins defendant from discriminating against employees and applicants in violation of Title VII. Defendant will adopt procedures for promptly investigating and providing redress for complaints of discrimination. It will designate management employees responsible for investigating discrimination complaints and post their names and contact information. Defendant also will place a Complaints Box in a nonmanagerial area of the facility and the designated management employees will gather complaints from the Complaints Box.

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