1 WILLIAM R. TAMAYO - #084965 (CA)
JONATHAN T. PECK -- #12303 (VA) 2 CINDY O’HARA -- #114555 (CA)
EQUAL EMPLOYMENT OPPORTUNITY 3 COMMISSION
San Francisco District Office
4 350 The Embarcadero, Suite 500
San Francisco, California 94105 5 Telephone: (415) 625-5653
Facsimile: (415) 625-5657 6
Attomeys for Plaintiff Equal Employment Opportunity Commission
7

8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

11 EQUAL EMPLOYMENTO PPORTUN~ ~ ~viJ~ction

COMMISSION,

12

Plaintiff,

) COMPLAINT

13

Civil Rights - Employment Discriminati~-’q

14

WESTERN SHOWER DOOR, INC.,

15

DEMAND FOR JURY TRIAL

Defendants.

16

17
NATURE OF THE ACTION
18 This action is brought pursuant to Title VII or the Civil Rights Act of 1964 and Title I of
19
the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex, and to
20
provide appropriate relief to Charging Party Miracle Ayon who was adversely affected by such 21
practices. Defendant Western Shower Door, Inc. subjected the above Charging Party to unlawful
22 harassment based on her sex, which resulted in, inter alia, her resignation from employment.
23
JURISDICTION AND VENUE
24 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337,
25
1343 and 1345. This action is authorized and instituted pursuant to §706(0(1) and (3) of Title 26
VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(f)(1) and (3) ("Title VII")
27 and §102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a.
28
2. The unlawful employment practices alleged herein were committed in the State of

COMPLAINT FOR DISCRIMINATION

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1 California, thus venue is proper "in any judicial district in the State in which the unlawful

2 employment practice is alleged to have been committed." (§706(0(3) of Title VII, 42 U.S.C.

3 §2000e-5(f)(3)). Defendant’s corporate headquarters and principal place of business is located in

4 Fremont, California. Venue is therefore proper in the United States District Court for the

5 Northern District of California.

6

INTRADISTRICT ASSIGNMENT

7

3. This action is appropriate for assignment to San Francisco/Oakland as

8 Defendant’s corporate headquarters and principal place of business is in Fremont, California

9 (Alameda County), and the administrative charge underlying this case was investigated in the

10 San Francisco District Office of Plaintiff Equal Employment Opportunity Commission, the

11 records related to that investigation are in San Francisco.

12

PARTIES

13

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

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

15 enforcement of Title VII, and is expressly authorized to bring this action by §706(0(1) and (3) of

16 Title VII, §2000-e(f)(1) and (3).

17

5. Defendant Western Shower Door, Inc. ("Defendant") is a California corporation,

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

19

6. At all relevant times, Defendant Western Shower Door, Inc. has continuously

20 been employers engaged in an industry affecting commerce, within the meaning of Section

21 701(b), (g) and (h) of Title VII, 42 U.S.C. §2000-e(b), (g) and (h).

22

STATEMENT OF CLAIM

_

23

Violation of Title VII of Civil Rights Act : Sex Discrimination,

Harassment Based on Sex

24

25

7. More than thirty days prior to the institution of this lawsuit, Charging Party

26 Miracle Ayon ("Charging Party") filed a charge with Plaintiff Commission alleging violations of

27 Title VII by Defendant. All conditions precedent to the institution of this lawsuit have b~en

28 fulfilled.

COMPLAINT FOR DISCRIMINATION

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1

8. From approximately December 2002, Defendant has engaged in unlawful

2 practices of sex discrimination in violation § 703 (a) ( 1)of Title VII, 42 U.S.C. §2000e-2(a)( 1 ) by

3 subjecting the Charging Party to a hostile, abusive, intimidating and offensive work environment

4 because of her sex. Said harassment was by the shop manager, and included, inter alia,

5 comments and invitations of a sexual nature which were sufficiently severe and/or pervasive to

6 cause Charging Party to resign her employment.

7

9. The effect of the actions complained of in Paragraph 8 above has been to ~leprive

8 the Charging Party of equal employment opportunities and otherwise adversely affect her status

9 as an employee because of sex.

10

10. The unlawful employment practices complained of in Paragraph 8 above were

11 intentional.

12

11. The unlawful employment practices complained of in Paragraph 8 above were

13 done with malice or with reckless indifference to the federally protected rights of Charging Party.

14

PRAYER FOR RELIEF

15

Wherefore, the Commission respectfully requests that this Court:

16

A. Grant a permanent injunction enjoining Defendant, its officers, successors,

17 assigns, and all persons acting in concert or participation with it, from engaging in discrimination

18 against its employees including harassment based on sex.

19

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

20 prohibit harassment based on sex, and which eradicate the effects of its unlawful employment

21 practices.

22

C. Order Defendant to make whole Charging Party by providing appropriate back

23 pay and benefits with prejudgment interest, and other affirmative relief necessary to eradicate the

24 effects of its unlawful employment practices, including but not limited to reinstatement and/or

25 front pay and other appropriate relief to be determined at trial.

26

D. Order Defendant to make whole Charging Party by providing compensation for

27 past and future pecuniary losses resulting from the unlawful employment practices complained of

28 above, including but not limited to such out-of-pocket expenses as medical care necessitated by

COMPLAINT FOR DISCRIMINATION

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1 Defendant’s unlawful conduct, in amounts to be determined at trial.

2

E. Order Defendant to make whole Charging Party by providing compensation for

3 past and future nonpecuniary losses resulting from the unlawful practices complained of above

4 including, but not limited to emotional pain and suffering, inconvenience, loss of enjoyment of

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

6

F. Order Defendant to pay Charging Party by providing punitive damages for the

7 malicious and reckless conduct described above, in amounts to be determined at trial.

8

G. Grant such further relief as the Court may deem just and proper in the public

9 interest.

10

H. Award the Commission its costs of this action.

11

DEMAND FOR JURY TRIAL

12

Pursuant to the provisions of Federal Rule of Civil Procedure 38(b), Plaintiff hereby

13 demands a jury trial.

14

Eric S. Dreiband

General Counsel

15

James L. Lee

Deputy General Counsel

16

Gwendolyn Young Reams

Associate General Counsel 17

Equal Employment Opportunity Commission

18

1801 L Street, N.W.

Washington, DC 20507

19

20
Date: January 7, 2005 21

22

23 Date: January 7, 2005 24

" S~u eArvTisHoAryNTTr.iaPlEACtKtorney

25 Date: January 7, 2005
26

27 28
COMPLAINT FOR DISCRIMINATION

Equal Employment Opportunity Commission San Francisco District Office 350 The Embarcadero, Suite 500 San Francisco, CA 94105
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ADRMOP, CLOSED, E-Filing, MEDTERM
U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:05-cv-00138-JL

Equal Employment Opportunity Commission -v- Western Shower Date Filed: 01/10/2005

Door Inc.

Date Terminated: 08/16/2005

Assigned to: Magistrate Judge James Larson

Jury Demand: Plaintiff

Cause: 42:2000 Job Discrimination (Sex)

Nature of Suit: 442 Civil Rights: Jobs

Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Cynthia Senner O'Hara Equal Employment Opportunity Commission 350 The Embarcadero, Suite 500 San Francisco, CA 94105-1260 415/625-5653 Fax: 415-625-5657 Email: cindy.ohara@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jonathan T. Peck U.S. EEOC 350 Embarcadero Street Suite 500 San Francisco, CA 94105-1687 415/625-5600 Fax: 415-625-5657 Email: Jonathan.Peck@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

William Robert Tamayo U.S. EEOC 350 Embarcadero Street Suite 500 San Francisco, CA 94105-1687 415-625-5645 Fax: 415-625-5657 Email: william.tamayo@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant

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Western Shower Door Inc.

represented by Robert L. Rediger Rediger McHugh & Hubbert LLP 555 Capitol Mall Suite 1540 Sacramento, CA 95814 916-442-0033 Fax: 916-498-1246 Email: rrediger@rmlaw.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed #

Docket Text

01/10/2005 01/10/2005
01/10/2005 02/09/2005 03/21/2005 04/20/2005 04/20/2005 04/20/2005 04/22/2005 04/22/2005 05/04/2005

1 COMPLAINT /issued summons against Western Shower Door Inc.. Filed byEqual Employment Opportunity Commission. (ga, COURT STAFF) (Filed on 1/10/2005) Additional attachment(s) added on 1/31/2005 (ga, COURT STAFF). (Entered: 01/18/2005)
2 ADR SCHEDULING ORDER: Case Management Statement due by 5/4/2005. Case Management Conference set for 5/11/2005 10:30 AM.. Signed by Judge James Larson on 1/10/05. (Attachments: # 1 Standing Order)(ga, COURT STAFF) (Filed on 1/10/2005) (Entered: 01/18/2005)
CASE DESIGNATED for Electronic Filing. (ga, COURT STAFF) (Filed on 1/10/2005) (Entered: 01/18/2005)
3 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Summons and Complaint (Attachments: # 1 Exhibit Notice and Acknowledgment of Receipt)(O'Hara, Cindy) (Filed on 2/9/2005) (Entered: 02/09/2005)
4 Defendant's ANSWER to Complaint byWestern Shower Door Inc.. (Rediger, Robert) (Filed on 3/21/2005) (Entered: 03/21/2005)
5 STIPULATION selecting Mediation by Equal Employment Opportunity Commission (O'Hara, Cindy) (Filed on 4/20/2005) Modified on 4/21/2005 (ga, COURT STAFF). (Entered: 04/20/2005)
6 Proposed Order selecting Mediation 5 by Equal Employment Opportunity Commission (O'Hara, Cindy) (Filed on 4/20/2005) Modified on 4/21/2005 (ga, COURT STAFF). (Entered: 04/20/2005)
7 STIPULATION and Proposed Order selecting Mediation by Western Shower Door Inc. and ADR Certification (Rediger, Robert) (Filed on 4/20/2005) (Entered: 04/20/2005)
8 ORDER FOR REFERRAL TO MEDIATION re 6 Order selecting Mediation filed by Equal Employment Opportunity Commission. Signed by Judge James Larson on 4/22/05. (jlsec, COURT STAFF) (Filed on 4/22/2005) (Entered: 04/22/2005)
CASE REFERRED to Mediation 8. (ga, COURT STAFF) (Filed on 4/22/2005) (Entered: 04/25/2005)
9 JOINT CASE MANAGEMENT STATEMENT and [Proposed] ORDER filed by Western Shower Door Inc.. (Rediger, Robert) (Filed on 5/4/2005) (Entered: 05/04/2005)

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05/05/2005 05/05/2005 05/05/2005 05/06/2005 05/11/2005 05/11/2005 05/11/2005 05/24/2005 06/03/2005 06/16/2005 06/17/2005 06/21/2005 06/29/2005 07/01/2005 07/08/2005 07/12/2005 08/09/2005

10 CONSENT to Proceed Before a US Magistrate Judge by Western Shower Door Inc... (Rediger, Robert) (Filed on 5/5/2005) (Entered: 05/05/2005)
11 Letter from AttorneyJenniferLippi'sSecretarytoJudgeJamesLarsenreCMCTelephoneAppearanceRequest. (Rediger, Robert) (Filed on 5/5/2005) (Entered: 05/05/2005)
12 CONSENT to Proceed Before a US Magistrate Judge by Equal Employment Opportunity Commission.. (O'Hara, Cindy) (Filed on 5/5/2005) (Entered: 05/05/2005)
13 ORDER GRANTING 11 APPEARANCE BY TELEPHONE re 11 Letter filed by Western Shower Door Inc. Signed by Judge James Larson on 5/6/05. (jlsec, COURT STAFF) (Filed on 5/6/2005) Modified on 5/11/2005 (ga, COURT STAFF). (Entered: 05/06/2005)
14 Minute Entry: Initial Case Management Conference held on 5/11/2005 before Magistrate Judge James Larson (Date Filed: 5/11/2005). (Tape #FTR 10:49-10:51.) (wh, COURT STAFF) (Date Filed: 5/11/2005) (Entered: 05/11/2005)
Set/Reset Hearings: Further Case Management Conference set for 7/13/2005 10:30 AM. (wh, COURT STAFF) (Filed on 5/11/2005) (Entered: 05/11/2005)
CASE REFERRED to Mediation 13. (ga, COURT STAFF) (Filed on 5/11/2005) (Entered: 05/12/2005)
15 ADR Clerks Notice Appointing Alan R. Berkowitz as Mediator. (bt, COURT STAFF) (Filed on 5/24/2005) (Entered: 05/24/2005)
Pre MED phone conference hoping to coduct before 6/15/2005 w/Alan Berkowitz (bt, COURT STAFF) (Filed on 6/3/2005) (Entered: 06/03/2005)
16 Letter from Attorney Jennifer Lippi's Secretary to Judge James Larsen re: CMC Telephone Appearance Request. (Rediger, Robert) (Filed on 6/16/2005) Modified on 6/17/2005 (sis, COURT STAFF). (Entered: 06/16/2005)
Set/Reset Hearings: ENE Hearing set for 7/28/2005 10:00 AM at the offices of Alan Berkowitz. Written statements due by 7/22/05 (bt, COURT STAFF) (Filed on 6/17/2005) (Entered: 06/17/2005)
17 ORDER TO APPEAR OF APPEAR BY PHONE re 16 Letter filed by Western Shower Door Inc. Signed by Judge James Larson on 6/21/05. (jlsec, COURT STAFF) (Filed on 6/21/2005) (Entered: 06/21/2005)
Set/Reset Hearings: Mediation Hearing set for 7/28/2005 10:00 AM. (bt, COURT STAFF) (Filed on 6/29/2005) (Entered: 06/29/2005)
18 JOINT CASE MANAGEMENT STATEMENT filed by Western Shower Door Inc.. (Rediger, Robert) (Filed on 7/1/2005) (Entered: 07/01/2005)
19 STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE by Western Shower Door Inc.. (Rediger, Robert) (Filed on 7/8/2005) (Entered: 07/08/2005)
20 ORDER CONTINUING CASE MANAGEMENT CONFERENCE 19 . Signed by Judge James Larson on 7/12/05. (jlsec, COURT STAFF) (Filed on 7/12/2005) Modified on 7/20/2005 (ga, COURT STAFF). (Entered: 07/13/2005)
ADR Remark: Case Settled prior to mediation session (bt, COURT STAFF) (Filed on 8/9/2005) (Entered: 08/09/2005)

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08/15/2005 08/16/2005

21 STIPULATION of Dismissal with Prejudice and For Retention of Jurisdiction by the Court and Order by Western Shower Door Inc.. (Rediger, Robert) (Filed on 8/15/2005) (Entered: 08/15/2005)
22 ORDER DISMISSING CASE. Signed by Judge James Larson on 8/16/05. (jlsec, COURT STAFF) (Filed on 8/16/2005) (Entered: 08/16/2005)

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