Case 2:03-cv-00814-MJP Document 1 Filed 04/08/2003 Page 1 of 5

2

3

4

5

ORIGINAL

6

7

8

UNITED STATES DISTRICT COURT

9

FOR THE WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

10

qV03 0 8 1 4 P 11 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, 12

PlamtdT,

)

CIVIL ACTION NO

13

)

v

)

COMPLAINT

14

)

JACK IN THE BOX, INC ,

)

JURY TRIAL DEMAND

15

)

Defendant

)

16 --------------------------)

17

NATURE OF THE ACTION

18

This IS an action under Title VII of the ClVlI Rights Act of 1964 and Title I of the ClVll

19 Rights Act of 1991 to correct unlawful employment practices on the basiS of sex and retahatlOn and

20 to provide appropnate rehefto Ena Wilhams, Michelle Grannis, Romlta Prasad, Lmda Gallardo, and

21 Amber Gallardo The Equal Employment OpportUnIty Commission alleges that defendant subjected

22 the class to hostile work environment sexual harassment Defendant also subjected class members

23 Ena Wilhams and Romlta Prasad to retaliatIOn after they complamed of the harassment which

24 ultimately led to Ena Wllhams constructive discharge. PlamtIff seeks monetary and mjunctIve rehef,

25 mcludmg pecunIary and nonpecuniary compensatory damages and pUnItive damages, on behalf of

26 the class

27
11111111111 III 1111111111111 II III 11111 II 111111111111111111111 111111111111 11111 11111 II III 11111111
CV 03-0814 Itl
COMPLAINT - PAGE I

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office Federal Office BUilding
909 First Avenue Suite 400 Seattle Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

Case 2:03-cv-00814-MJP Document 1 Filed 04/08/2003 Page 2 of 5

JURISDICTION AND VENUE

2

JunsdlctlOn of this CourUs mvoked pursuantto 28 USC §§451, 1331, 1337, 1343

3 and 1345 This actIOn IS authonzed and mstltuted pursuant to sectIOns 706(f)(1) and (3) of Title VII

4 of the ClVl1 Rights Act of 1964, as amended, 42 USC sectIOns 2000e-5(f)(1) and (3) ("Title VII"),

5 and SectIOn 102 of the ClVl1 Rights Actofl991, 42 USC §1981a

6

2

The employment practices alleged to be unlawful were committed Wlthm the

7 JurisdictIOn of the Umted States Dlstnct Court for the Dlstnct of Washmgton at Seattle

8

PARTIES

9

3

P1amtlff, the Equal Employment Opportunity CommissIOn (the "CommisSIOn"), IS the

10 agency of the Umted States of Amenca charged with the admmlstratlon, mterpretatlOn and

II enforcement of Title VII, and IS expressly authonzed to bnng this actIOn by Section 706(f)(1) of

12 Title VII, 42 USC §2000e-5(f)(1)

13

4

At all relevant times, defendant Jack m the Box, Inc ("Jack m the Box") has been a

14 corporatIOn contmuously domg busmess m the State of Washmgton and has contmuously had at least

15 15 employees

16

5

At all relevant times, defendant Jack m the Box has contmuously been an employer

17 engaged m an mdustry affectmg commerce wlthm the meanmg of SectIOns 701(b), (g) and (h) of

18 Title VII, 42 USC §§2000e-(b), (g) and (h)

19

STATEMENT OF CLAIMS

20

6

More than thirty days pnor to the institutIOn of thiS lawsUIt, Ena Williams, Michelle

21 Grarmls, Romlta Prasad, Lmda Gallardo, and Amber Gallardo filed charges Wlth the CommissIOn

22 allegmg VIOlatIOns of Title VII by defendant Jack m the Box All conditIOns precedent to the

23 mstitutlOn of thiS lawsuit have been fulfilled

24

7

Begmmng on or before May 2001, defendant Jack m the Box engaged m unlawful

25 employment practICes at ItS Everett, Washmgton, Everett Mall Way faclhty, m VIOlatIOn of §§

26 703(a) and 704(a) of Title VII, 42 USC §§ 2000e-2(a) and -3(a) Defendant Jack m the Box

27 affected the terms and conditions ofthe class members' employment by subJectmg them to ongomg

COMPLAINT - PAGE 2

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
Federal Office BUilding 909 First Avenue SUite 400 Seattle Washington 98104-1031 Telephone (206) 220-6883
Fax (206) 220-6911 TOO (206) 220-6882

Case 2:03-cv-00814-MJP Document 1 Filed 04/08/2003 Page 3 of 5

harassment based on sex and subjected Ena Wllhams and Romlta Prasad to retahatlOn for their

2 complamts of dlscnmmatlon

3

8

The effect of the practices complamed of m paragraph 7 above has been to depnve the

4 class of equal employment opportunities and otherwIse adversely affect theIr status as employees

5 because of sex and retaliallon

6

9

The unlawful employment practices complamed of m paragraph 7 above were

7 mtentlOnaJ

8

10 The unlawful employment practices complamed of m paragraph 7 above were done

9 WIth mahce or WIth reckless mdlfference to the federally protected nghts of the class members

10

PRAYER FOR RELIEF

II

Wherefore, the CommIssion respectfully requests that thIS Court

12

A Grant a permanent mjunctlOn enjOlmng defendant, ItS officers, successors, agents,

13 assIgns, and all persons m active concert or partIcIpatIOn WIth It, from engagmg many

14 employment practices whIch dlscnmmate on the bases of sex and retahatlOn

IS

B Order defendant to mstltute and carry out pohcles, practIces, and programs whIch

16 proVIde equaJ employment opportumtles for all employees, and whICh eradIcate the effects of ItS past

17 and present unlawful employment practIces

18

C Order defendant to make whole all class members by providmg appropnate back pay

19 WIth prejudgment mterest, m amounts to be determmed at tnal, and other affinnatlve rehef necessary

20 to eradIcate the effects of Its unlawful employment practICes

21

D Order defendant to make whole all class members by provldmg compensatIOn for past

22 and future pecunIary losses resultmg from the unlawful employment practices descnbed m paragraph

23 7 above, mcludmg past and future out-of-pocket expenses, m amounts to be detennmed at tnal

24

E Order defendant to make whole aJl class members by provldmg compensatIOn for past

25 and future nonpecumary losses resultmg from the unJawful practices complamed of in paragraph 7

26 above, mcludmg WIthout hmltatlon emotIOnal pain, suffenng, and loss of enjoyment of hfe, m

27 amounts to be detennmed at tnal

COMPLAINT - PAGE 3

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office Federal Office BUilding
909 First Avenue SUite 400 Seattle Washington 98104-1051
Telephone (206) 220-6883 Fax (206) 220-6911 TOO (206) 220-6882

Case 2:03-cv-00814-MJP Document 1 Filed 04/08/2003 Page 4 of 5

1

F

Order defendant to pay all class members pumtlve damages for Its malicIOus and

2 reckless conduct descnbed m paragraph 7 above, m amounts to be determmed at tnal

3

G Grant such further relief as the Court deems necessary and proper m the pubbc

4 mterest

5

H Award the CommiSSIOn ItS costs of thiS actIOn

6

JURY TRIAL DEMAND

7

The ComrmsslOn requests a JUry tnal on all questions of fact raised by Its complamt

8

9

DATED thiS ~ day of a..pv.:..e...

,2003

10

11 A LUIS LUCERO, JR RegIOnal Attorney
12 KATHRYN OLSON
13 Supervisory Tnal Attorney

GWENDOLYN YOUNG REAMS ASSOCiate General Counsel

14 TERI HEALY Tnal Attorney
15

16 BYLd~~~~~~~~~_

17 EQUAL EMPLOYMENT OPP COMMISSION
18 Seattle District Office 909 FlfSt Avenue, SUite 400
19 Seattle, Washmgton 98104 Telephone (206) 220-6915
20
21

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

22

23

24

25

26

27

COMPLAINT· PAGE 4

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SeatUe District Office Federal Office BUilding
909 First Avenue SUite 400 Seattle Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TOD (206) 220-6882

--- ,

:_4~R::I:/::er contIDne;h~::I:~e::O~~!)lli~ng Qce~le!g:!fpapers Case 2:03-cv-00814-MJP Document 1 Filed 04/08/2003 Page 5 of 5

::

sheet and the InfonnatlOn

and

JUdlcl~~~nference Se~f~trl!.ltr« by law, except as provIded by local rules of court This fonn, approved by the

of the UOited States In

° u n1'0)1 use ofllie Clerk of Court for llie purpose oflnltlatmg the eml docket sheet (SEE INSTRUCTIONS ON THE REVERSE

as retlred I the
'~M

I. <a) PLAINTIFFS Equal Employment Opportumty CommisSion 909 First Avenue, SUite 400 Seattle, WA 98104-106]

DEFENDANTS Jack In The Box Inc c/o C T CorporatIOn System (Reglstl.red Agent) 520 Pike Street
Seattle, WA 98101

(b) County of ResIdence of First LIsted Plamtlff Krng (EXCEPT IN U S PLAINTIFF CASES)

County ofRes(dence ofFrrst Listed

Snohomish

(IN U S PLAINTIFF CASES ONLY) NOTE IN LAm CONDEMNATION fk{;filuSE THE LOC~W

LAND INVOLVED

I

nr-"... ,

(e) Attorney's (FlOn Name, Address, and Telephone Number)
A LUIS Lucero, Jr, RegIOnal Attorney Kathryn Olson, SupvervlSory Trial Attorney EEOC, 909 First Ave, SUite 400 Seattle, WA 98104 (206) 220-6895
II. BASIS OF JURISDICTION (place an "X' 10 One Box Only)

XI U S Government
Plamttff

o 3 Federal QuestIon
(U S Government Not a Party)

Attorneys (If Known)

,~" ~v
APR 3 2003 DJ

AT SEAnlE CLERK U S DISTRICT COURT WESTERN DISTRICT OF W

IIJ_ CITIZENSHIP OF PRINCi'pAL PARTIES(pI,,, ~ "X"m ""PMJ,i!l;Plw,'"

(For DIverSity Cases Only)

DEF

and One Box for Defendant)
DEF

Citizen of ThiS State

01 01 Incorporated or Pnnclpal Place 0 4 04

of Busmess In ThiS State

02 U S Government

04 Diversity

CItizen ofAnother State 02 02 Incorporated and PnnclpaJ

0 5 05

Defendant

(IndIcate CItizenship of PartIes

of Busmess In Another State

m Item III)

CItizen or Subject of a 03 03 Foreign NatIOn

0 6 06

Fore1"'n Countrv

IV. NATURE OF SUIT (Place an "X" 10 One Box Only)

CONTRACf

TORTS

FORFEITL'REIPENALTY BANKRUPTCY

OTHER STATUTES

0 110 Insurance 0 120 Manne

PERSONAL INJURY 0 310 Allplane

PERSONAL INJURY 0
o 362 Personal InJury- 0

0 130 MIller Act 0 140 Nego1lable Instrument

0 315 Airplane Product LJabllity

Med Malpractice 0
o 365 Personal Injll1Y-

0 150 Recovery of Overpayment 0 320 Assault, Libel &

Product Llablilly 0

& Enforcement ofJudgmen

Slander

0 368 Asbestos Personal 0

0 151 Medicare Act

0 330 Federal Employers'

InjUry Product

0

0 152 Recovery of Defaulted

LIablhty

Llablhty

0

Student Loans

0

(Excl Veterans)

0

0 153 Recovery of Overpayment

of Veteran's Benefits 0

o 160 Stockholders Swts

0

o 190 Other Contract o 195 Contract Product LJabJIlty 0

340 Manne 345 Manne Product
Liability 150 Motor Vehicle

PERSONAL PROPERTY

o 370 Other Fraud o 371 Truth III Lending

0

o 380 Other Personal

355 Motor Vehicle Product LiabIlity

Property Damage
0 385 Property Damage

0

360 Other Personal InjUry

Product Liability

0

REAL PROPERTY
0 210 Land Condemnallon

CIVIL RIGHTS 0 441 Voting

PRISONER
0 5 t 0 M~~~~s to Vacate 0

0 220 Foreclosure

x 442 Employment

Sentence

0

0 230 Rent Lease & EJecunent
0 240 Torts to Land 0 245 Tort Product Llablht) 0 290 All Other Real Property

0 443 Housmgl
AccommodatIons
0 444 Welfare 0 440 Other CIVil Rights

Habeas Corpus

0 530 General

0

0 535 Death Penalty

0 540 Mandamus & Other 0

0 550 Civil Rights

0 555 Pnson ConditIOn

610 Agnculture

0 422 Appeal 28 USC 158

620 Other Food & Drug

625 Drug Related Se1zure 0 421 Withdrawal

of Property 21 USC 8&

28 USC 157

630 Liquor Laws 640 R R & Truck

PROPERTY RIGHTS

o 400 State ReapportIOnment o 410 AntLtrust o 430 Banks and Bankmg o 450 Commerce/ICC Rates/etc o 46U DeportatlOlI o 470 Racketeer Influenced and

650 Alrhne Regs 660 OccupatIOnal
Safety/Health 690 Other

0 820 Copynghts 0 830 Patent 0 840 Trademark

Compt OrgalllzatJOns
o &10 SeJectl\e ServIce o 850 Secunties/CommodltJesi
Exchange

o 875 Customer Challenge

LABOR

SOCIAL SECURITY

12 usc 3410

o 710 FaIr Labor Standards 0 861 HIA (1395ff)

o Aot

0 862 Black Lung (923)

o 720 Labor/Mgmt RelatIOns 0 863 DIWC/DIV/W (405(g))

ssm o 0 864

Title XVI

o 730 Labor/Mgmt Reporting 0 865 RSI (405(g))

& DIsclosure Act

o 740 Railway Labor Act

FEDERAL TAX SUITS

891 Agncultural Acts 892 Economic Stablllzat10n Act 893 EnVironmental Matters 894 Energy Allocation Act 895 Freedom of
InfonnatlOn Act
900 Appeal ofFee DetenmnatlOn

Under Equal Access to

o 790 Other Labor Ltllgallon

870 Taxes (U S PlamtIff or Defendant)

Justice
o 950 ConstitutIOnalIty of

791 Empi Ret Inc Secunty Act

o 871 IRS-ThIrd Party
26 USC 7609

State Statutes
o 890 Other Statutory ActIOns

V_ ORIGIN

(PLACE AN "X " IN ONE BOX ONLY)

X 1 OngmaJ D 2 Removed from

Proceedmg

State Court

D 3 Remanded from
Appellate Court

o Remstated or D
4 Reopened

Transferred from
another dlstnct
5 (specify)

D 6 Multtdlstnct
LltlgatlOn

Appeal to Dlstnct
Judge from
o 7 MagIstrate Judgment

VI- CAUSE OF ACTION

(Cite the U S elVll Statute under which you are filmg and wnte bnef statement of cause Do not cite JUrisdictional statutes unless dlverslt) )

Action taken under Title VII of tbe CIVIl Rlgbts Act of 1964 and TItle I of tbe CiVil Rlgbts Act of 1991 to correct unlawful employment prac1lces on tbe baSIS of sex and retaliatJon and to

proVIde appropnate relief

VII. REQUESTED IN

o CHECK IF THIS IS A CLASS ACTION

COMPLAINT.

UNDERFRCP 23

(See

VIII- RELATED CASE(S) instructIOns)

IF ANY

JUDGE

DEMAND $

CHECK YES only It demanded m complamt

JURY DEMA"ID

x Yes 0 No

DOCKET NUMBER

DATE
~r.-I ~ d-u 0'3

 
 Case 2:03-cv-00814-MJP Document 10 Filed 07/02/2003 Page 1 of 4

1
2 3
4
5 6 7 8 9
10 11
\/)12
--• VJ13
--""'14
l015
16 17 18 19
20 21 22 23
24 25
26
27 28

_ _FILED

ENTERED

_ _ LODGED_ _~R[Cf,IVED

JUL 0 2 2003 KN
Al bt::JI\l1lE
CLERK u,s. Dllff~lct COURt
WESTERN DISTRICT OF WAIlJ;,NQlON ClRm

HONORABLE MARSHA J. PECHMAN

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

EQUAL EMPLOYMENT OPPORTUNITY COMMISION,

-NO. C03-0814P

Plaintiff, V. JACK IN THE BOX, INC.

COMPLAINT BY PLAINTIFFS IN INTERVENTION
JURY TRIAL DEMANDED

Defendant.
AMBER GALLARDO, LINDA GALLARDO, MICHELLE GRANNIS, ROMITA PRASAD, ENA WILLIAMS,

111111111111 11111111111111111111 11111 I1I11II1 111111111111111111 111111 11111 II 1II1
03-CV-00814-CMP

Plaintiffs in Intervention.

COME NOW Plaintiffs in Intervention, Amber Gallardo, Linda Gallardo, Michelle Grannis, Romita Prasad and Ena Williams, and allege as follows: # #

COMPLAINT BY PLAINTIFFS IN INTERVENTION - 1 C03-0814P

LEVINSON FRIEDMAN, P.S.

PACIFlC BU1LDING

OR GINAL72°i:A~~~r~~9~'l:_lr8~~800

J

(206) 624-8844 flU: (206) 624-2912

Case 2:03-cv-00814-MJP Document 10 Filed 07/02/2003 Page 2 of 4

1

2

3

JURISDICTION AND VENUE

4

1. This Court has jurisdiction over the subject matter of this Complaint

5 in Intervention pursuant to 28 U.S.C. Chapters 1331, 1337, 1343, 1345 and 1367.

6

2. Venue is proper before this court pursuant to 28 U.S.C. Chapter

7 1391.

8

PARTIES

9

3. This matter was commenced by plaintiff, the Equal Employment

10 Opportunity Commission ("EEOC").

11

4. Plaintiffs in Intervention, Amber Gallardo, Linda Gallardo, Michelle

12 Grannis, Romita Prasad and Ena Williams are Washington State residents.

13

5. At all relevant times, defendant Jack in the Box, Inc, has been a

14 corporation continously doing business in the State of Washington and has continously

15 had at least 15 employees.

16

6. The EEOC has alleged that Jack in the Box subjected Amber

17 Gallardo, Linda Gallardo, Michelle Grannis, Romita Prasad and Ena Williams to

18 disparate and unlawful treatment on the basis of their sex, female. As the aggrieved

19 persons in the unlawful practices alleged by the EEOC, Amber Gallardo, Linda

20 Gallardo, Michelle Grannis, Romita Prasad and Ena Williams are entitled to intervene in

21 this action under42 U.S.C.

22

7. Paragraphs 1 through 10 of the Complaint filed by the EEOC are

23 incorporated by reference as if fully set forth herein.

24 1//

25 III

26

27

28
COMPLAINT BY PLAINTIFFS IN INTERVENTION - 2 C03-0814P

LEVINSON FRIEDMAN, P.S.
PACIFIC BUILDING 720 THIRD AVE:NlJE, SLlTE 1800
SEATTLE, WA98104-1845 (206) 624-8844-
fax (206) 624-2912

Case 2:03-cv-00814-MJP Document 10 Filed 07/02/2003 Page 3 of 4

1

2

JACK IN BOX'S WRONGFUL CONDUCT

3

8. At all relevant times, Amber Gallardo, Linda Gallardo, Michelle

4 Grannis, Romita Prasat and Ena Williams worked for Jack in the Box.

5

9. Tom Carpenter worked for Jack in the Box as a store manager, in

6 Everett. Mr. Carpenter has a history of discriminating against female employees.

7

10. Jack in the Box, through the actions and omissions of Mr.

8 Carpenter and otherwise, subjected Amber Gallardo, Linda Gallardo, Michelle Grannis,

9 Romita Prasad and Ena Williams to disparate treatment with respect to the terms and

10 conditions of their employment, on the basis of their sex, females.

11

11 . Jack in the Box's discriminatory conduct was intentional and/or

12 occurred with malice or with reckless indifference to Amber Gallardo, Linda Gallardo,

13 Michelle Grannis, Romita Prasad and Ena Williams' rights.

14

12. As a result of Jack in the Box's conduct, Amber Gallardo, Linda

15 Gallardo, Michelle Grannis, Romita Prasad and Ena Williams sufferend damages,

16 including emotional distress, in an amount to be proven at trial.

17

13. Jack in the Box knew, or in the exercise or ordinary care, should

18 have known of Mr. Carpenter's unfitness for the store manager position. Jack in the

19 Box's hiring and retention of Mr. Carpenter proximately caused injury to Amber

20 Gallardo, Linda Gallardo, Michelle Grannis, Romita Prasad and Ena Williams.

21

14. Jack in the Box's conduct constitutes violations of Title VII, 42

22 U.S.C. Chapter 2000 et seq. And the Washington State Law Against Discrimination,

23 RCW Chapter 49.60. Jack in the Box's conduct also constitutes negligent infliction of

24 emotional distress, and negligent hiring and retention.
25

26

RELIEF REQUESTED

27

WHEREFORE, plaintiffs request the following relief:

28
COMPLAINT BY PLAINTIFFS IN INTERVENTION - 3 C03-0814P

LEVINSON FRIEDMAN, P.S.
PACIFIC BUILDING 720 THIRD AVENUE, SUITE 1800
SEATTLE, WA \lBI04-JS4S (206) 624-8844
fax (2(}6) 624-2912

Case 2:03-cv-00814-MJP Document 10 Filed 07/02/2003 Page 4 of 4

1

2

1.

That plaintiffs be awarded judgment for all damages,

3 including emotional distress damages, caused by Jack in Box's conduct in an amount to

4 be determined at trial;

5

2.

6

3.

7

4.

That plaintiffs be awarded punitive damages; That plaintiffs be awarded their costs and attorneys' fees; That plaintiffs be awarded prejudgment and post-judgment

8 interest at the rate provided by law, and;

9

5.

That plaintiffs be awarded such other and further relief as

10 the Court may deem just and proper.

11

JURY TRIAL DEMANDED

12

Plaintiffs in intervention request a jury trial on all questions of fact raised

13 by their Complaint.

14

15

i ' DATED thiS.2 day of ju{..

2003.

16

17 LEVINSON FRIEDMAN, P.S.
18

19

By:< \~ Q~,,"*n>

20

TED R. WILLHITE

WSBA#2301 21

22

LAW OFFICES OF STEPHEN K.

By: MONRO

23

-- GQf';\\D~\}"\J{ ,=\l'C

24

STEPHEN K. MONRO

WSBA#26075 25

26

Attorneys for Plaintiffs

27

28
COMPLAINT BY PLAINTIFFS IN INTERVENTION - 4 C03-0B14P

LEVINSON FRIEDMAN, P.S.
PAOFIC BL1LD~G 720 THIRD AVENUE, SUITE 1800
SEATTLE, WA 98104-1845 (206) 624-8844
fax (206) 624-2912

 
 Case 2:03-cv-00814-MJP Document 24-1 Filed 06/03/2004 Page 1 of 13

1

HONORABLE MARSHA J. PECHMAN

2

3

4

5

6

UNITED STATES DISTRICT COURT

7

FOR THE WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

8

9 EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

10

)

Plaintiff,

)

11

)

v.

)

12

)

JACK IN THE BOX INC.

)

13

)

Defendant.

)

14

)

AMBER GALLARDO, LINDA

)

15 GALLARDO, MICHELLE GRANNIS, )

ROMITA PRASAD AND ENA

)

16 WILLIAMS,

)

)

17

Plaintiffs in Intervention. )

)

18

CIVIL ACTION NO. C03-814P
CONSENT DECREE AND [Proposed] ORDER

19

I. INTRODUCTION

20

1. This action originated with discrimination charges filed by Amber Gallardo, Linda

21 Gallardo, Michelle Grannis, Romita Prasad and Ena Williams (“Charging Parties” or “Plaintiffs

22 in Intervention”) with the U.S. Equal Employment Opportunity Commission, Seattle District

23 Office (“EEOC”). The Charging Parties alleged that Jack in the Box Inc. discriminated against

24 them on the basis of sex by subjecting them to sexual harassment and retaliation for their

25 complaints of discrimination, in violation of §703(a) of Title VII of the Civil Rights Act of

26 27 28 Consen t Decree Pa ge - 1

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061 Telephone: 206-220-6883 Facsimile: (206) 220-691 TDD: (206) 220-688

Case 2:03-cv-00814-MJP Document 24-1 Filed 06/03/2004 Page 2 of 13

1 1964, as amended in 1991, 42 U.S.C. § 2000e-2(a) and § 704(a) of Title VII of the Civil Rights

2 Act of 1964, as amended in 1991, 42 U.S.C. § 2000e-3(a).

3

2. The EEOC investigated the Charging Parties’ allegations. The EEOC sent Jack in the

4 Box Inc. a Letter of Determination with findings of reasonable cause that Jack in the Box Inc.

5 had violated Title VII in certain respects.

6

3. The Commission filed this lawsuit on April 22, 2003 in the United States District

7 Court for the Western District of Washington on behalf of the Charging Parties. Jack in the Box

8 Inc. filed its Answer and Affirmative Defenses to the lawsuit on May 12, 2003. The Charging

9 Parties filed a motion for intervention on May 15, 2003. The Court granted the motion to

10 intervene on May 16, 2003.

11

4. The EEOC, Plaintiffs in Intervention and Jack in the Box Inc. want to conclude all

12 claims arising out of the above charges without expending further resources in contested

13 litigation.

14 II. NON-ADMISSION OF LIABILITY AND NON-DETERMINATION BY THE COURT

15

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

16 on the merits of the case.

17

III. SETTLEMENT SCOPE

18

6. This Consent Decree together with the agreement and general releases for Ena

19 Williams, Romita Prasad, Linda Gallardo, Amber Gallardo and Michelle Grannis represent the

20 final and complete resolution of all Title VII allegations of unlawful employment practices

21 contained in: (1) the charges filed by the Charging Parties with the EEOC; (2) the EEOC's

22 administrative determinations concerning the Charging Parties and Jack in the Box Inc.; (3) the

23 Complaint filed herein by the EEOC on behalf of the Charging Parties; and (4) the Complaint

24 filed herein by the Charging Parties, including all claims by the parties for attorney fees and

25 costs.

26 27 28 Consen t Decree Pa ge - 2

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061 Telephone: 206-220-6883 Facsimile: (206) 220-691 TDD: (206) 220-688

Case 2:03-cv-00814-MJP Document 24-1 Filed 06/03/2004 Page 3 of 13

1

IV. JURISDICTION AND VENUE

2

7. Jurisdiction is vested in this Court pursuant to 28 U.S.C. §§451, 1331, 1337, 1343 and

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

4 of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3) ("Title VII"),

5 and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a; and the Washington Law

6 Against Discrimination, RCW 49.60.010 et seq.

7

V. DEFINITION OF TERMS

8

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

9

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

10 for the Western District of Washington at Seattle enters the Consent Decree and (Proposed)

11 Order of Dismissal.

12

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

13

10. "Formal or Informal Complaints" includes any complaint of discrimination,

14 harassment or retaliation, whether written or oral, made to a manager or in compliance with Jack

15 in the Box discrimination policy.

16

VI. MONETARY RELIEF

17

11. In settlement of the EEOC and Charging Parties claims in this lawsuit, Jack in the

18 Box Inc. has agreed to pay a total of Three-Hundred-Thousand dollars ($300,000) to Ena

19 Williams, Linda Gallardo, Amber Gallardo, Michelle Grannis and Romita Prasad.

20

VII. INJUNCTIVE AND OTHER RELIEF

21

Jack in the Box Inc. as hereinafter referenced refers to store numbers 8438, 8307, 8310,

22 8314, 8321, 8423, 8470, 8475, 8308, 8417, 8437, 8452, 8455, 8457 and 8466 unless a specific

23 store is referenced.

24 A. Compliance with Title VII

25

12. Jack in the Box Inc. reaffirms its commitment to comply with Title VII. To further

26 27 28 Consen t Decree Pa ge - 3

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061 Telephone: 206-220-6883 Facsimile: (206) 220-691 TDD: (206) 220-688

Case 2:03-cv-00814-MJP Document 24-1 Filed 06/03/2004 Page 4 of 13

1 this commitment, the company shall monitor the affirmative obligations of this Consent Decree.

2 The terms of this Consent Decree apply to all applicants to and employees of Jack in the Box Inc.

3 as defined above.

4

13. Jack in the Box Inc. will not retaliate against any applicant or employee for opposing

5 a practice deemed unlawful by Title VII or for making a charge, testifying, assisting, or

6 participating in any investigation, proceeding, or hearing associated with this action.

7

14. Jack in the Box Inc. and managers are hereby enjoined from engaging in personnel

8 practices which unlawfully discriminate against applicants and employees in violation of Title

9 VII. In recognition of its obligations under Title VII.

10 B. Employee Records

11

15. Defendant will not disclose any information or make references to any charges of

12 discrimination or this lawsuit in responding to employment reference requests for information

13 about the Charging Parties. In response to any inquiries other than through a subpoena or in

14 response to a inquiry by a governmental agency regarding the Charging Parties, Jack in the Box

15 Inc. shall provide employment references that include only dates of employment and positions

16 held.

17

16. Defendant affirms that there are no references to any charge of discrimination or this

18 lawsuit in the Charging Parties’ personnel files. Defendant will not add any information or

19 references to Charging Parties’ personnel files or records regarding their charges of

20 discrimination and this lawsuit after the entry of this Consent Decree. Files containing

21 information about Charging Parties that have been developed during the subject litigation will be

22 maintained at the offices of Defendant's counsel, Jackson Lewis LLP or the legal department at

23 Jack in the Box Inc. and/or records management department at Jack in the Box Inc. Jack in the

24 Box Inc. will make Charging Parties’ personnel files available for inspection by counsel for

25 Charging Parties by contacting Jack in the Box Inc. Legal Department at 9330 Balboa Avenue

26 27 28
Consent Decree Page - 4

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061 Telephone: 206-220-6883 Facsimile: (206) 220-691 TDD: (206) 220-688

Case 2:03-cv-00814-MJP Document 24-1 Filed 06/03/2004 Page 5 of 13

1 San Diego CA 92123-1516.

2 C. Retention of Sexual Harassment Consultant to Develop Policy Against Sexual

3 Harassment

4

17. Jack in the Box Inc. will maintain a written equal employment opportunity policy

5 which sets forth the requirements of federal laws against employment discrimination and

6 specifically those provisions which make sexual harassment unlawful and which make it

7 unlawful to retaliate against any current or former employee for opposing any practice made

8 unlawful by Title VII. The policy maintained will set forth the concepts embodied by the

9 following statement:

10

Jack in the Box Inc. is firmly committed to developing and

maintaining a zero-tolerance policy concerning sex discrimination,

11

sexual harassment and retaliation against individuals who report

discrimination or harassment in the company's workplace; to

12

swiftly and firmly responding to any acts of sex discrimination,

sexual harassment or retaliation of which the company becomes

13

aware; to implementing discipline that is designed to strongly deter

future acts of sex discrimination, sexual harassment or retaliation;

14

to eradicating any vestiges of a work environment that is sexually

hostile to individuals; and to actively monitoring its workplace in

15

order to ensure tolerance, respect and dignity for all people.

16 18. The policies maintained by Jack in the box will ensure that the following policies,
17 procedures and practices are in effect:
18 (a) Sex Discrimination and Harassment Policy.
19
(i) provide clear definitions and examples of prohibited sex 20
discrimination, sexual harassment, and retaliation; 21
(ii) provide for substantial discipline for incidents of sex discrimination, 22
sexual harassment, and/or retaliation; 23
(iii) continue its practice of accepting complaints of sex discrimination, 24
sexual harassment and/or retaliation will be accepted by Jack in the Box 25
Inc. in writing and orally; 26

27 28
Consent Decree Page - 5

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061 Telephone: 206-220-6883 Facsimile: (206) 220-691 TDD: (206) 220-688

Case 2:03-cv-00814-MJP Document 24-1 Filed 06/03/2004 Page 6 of 13

1

(iv) provide for a full and effective investigation of all complaints as well

2

as appropriate remedies for handling complaints upon an investigation

3

determination up to and including termination; and

4

(v) indicate that, promptly upon the conclusion of its investigation of a

5

complaint, Jack in the Box Inc. will communicate to the complaining party

6

the results of the investigation determination.

7

(b) Complaint Procedures.

8

(i) Jack in the Box Inc. agrees to maintain a complaint procedure designed

9

to encourage employees to come forward with complaints about violations

10

of its sex discrimination, sexual harassment and retaliation policy. As part

11

of this policy, Jack in the Box Inc. agrees that it shall provide its

12

employees with convenient and reliable mechanisms for reporting

13

incidents of sex discrimination, sexual harassment and retaliation. Jack in

14

the Box Inc will make every effort to keep complaints confidential to the

15

extent possible.

16

(ii) Jack in the Box Inc. agrees that it shall permit complaining parties to

17

be interviewed by Jack in the Box Inc. or Jack in the Box Upper

18

Management or Jack in the Box Human Resources Personnel about their

19

complaints in such a manner that permits the complaining party, at such

20

party's election, to remain inconspicuous to all of the employees in such

21

party's work area. Jack in the Box Inc. agrees that its complaint procedure

22

shall not impose upon individuals seeking to make a complaint alleging

23

sex discrimination, sexual harassment and/or retaliation any requirements

24

that are more burdensome than are imposed upon individuals who make

25

other complaints of comparable gravity.

26 27 28
Consent Decree Page - 6

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061 Telephone: 206-220-6883 Facsimile: (206) 220-691 TDD: (206) 220-688

Case 2:03-cv-00814-MJP Document 24-1 Filed 06/03/2004 Page 7 of 13

1

(iii) Jack in the Box Inc. agrees that it shall ensure that its policies and

2

procedures provide that complaint handling and disciplinary procedures

3

regarding all complaints of sex discrimination, sexual harassment and/or

4

retaliation are investigated and addressed promptly. Jack in the Box Inc.

5

will provide for a full and effective investigation of all complaints as well

6

as appropriate remedies for handling complaints upon an investigation

7

determination up to and including termination. Jack in the Box will

8

promptly upon the conclusion of its investigation of a complaint, will

9

communicate to the complaining party the results of the investigation

10

determination.

11

(iv) Jack in the Box Inc. agrees that it shall make its best effort to ensure

12

that appropriate remedial action is taken to resolve complaints and to

13

avoid the occurrence of incidents of sex discrimination, sexual harassment

14

and/or retaliation. Jack in the Box Inc. further agrees that it shall provide

15

for appropriate discipline including but not limited to, reprimands,

16

demotion or termination, as possible consequences for violations of its

17

sexual harassment policy.

18

(c) Policies Designed To Promote Supervisor Accountability.

19

(i) Jack in the Box Inc. agrees that it shall impose discipline designed to

20

stop any unlawful behavior, up to and including reprimands, demotion or

21

termination upon any supervisor or manager who engages in sexual

22

harassment or knowingly permits any such conduct to occur in his or her

23

work area or among employees under his or her supervision, who retaliates

24

against any person who complains or participates in any investigation or

25

proceeding concerning any such conduct. Jack in the Box Inc. shall

26 27 28
Consent Decree Page - 7

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061 Telephone: 206-220-6883 Facsimile: (206) 220-691 TDD: (206) 220-688

Case 2:03-cv-00814-MJP Document 24-1 Filed 06/03/2004 Page 8 of 13

1

communicate this policy to all of its supervisors and managers.

2

(ii) Jack in the Box Inc. agrees that it shall continue to advise all managers

3

and supervisors of their duty to actively monitor their work areas to ensure

4

employees' compliance with the company's sex discrimination and

5

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

6

harassment and/or retaliation of which they become aware to the

7

department charged with handling such complaints or take other

8

appropriate action.

9

(iii) Jack in the Box Inc. agrees that, in evaluating the performance and

10

determining the compensation of managers and supervisors, it will take

11

into account whether supervisors and managers take effective action to

12

ensure appropriate behavior/policies are executed or followed in their

13

restaurants.

14

(d) Sexual Harassment Training.

15

(i) Jack in the Box Inc. agrees that it shall provide mandatory harassment,

16

discrimination and retaliation training to all employees in stores 8438,

17

8307, 8310, 8314, 8321, 8423, 8470 and 8475; Jack in the Box Inc. agrees

18

that it shall provide mandatory harassment, discrimination, and retaliation

19

training to all employees in stores 8308, 8417, 8437, 8452, 8455, 8457,

20

8466 who worked for Jack in the Box, Inc. prior to April 2003; and to

21

provide mandatory harassment, discrimination, and retaliation training to

22

all new employees during employee orientation. This training may be

23

provided to employees through an interactive video process. The EEOC is

24

entitled to pre-screen the interactive video training prior to its

25

administration. Jack in the Box Inc. agrees to require the individual

26 27 28
Consent Decree Page - 8

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061 Telephone: 206-220-6883 Facsimile: (206) 220-691 TDD: (206) 220-688

Case 2:03-cv-00814-MJP Document 24-1 Filed 06/03/2004 Page 9 of 13

1

holding the position of Human Resource Specialist in January 2002, the

2

individual holding the position of Regional Human Resource Manager in

3

January 2002, and the individual holding the position of Area Manager

4

over store 8438 in January 2002, to undergo training sessions with a

5

maximum of three attendees administered by either Ray Pepper, Jim

6

Stubblefield or Jim Spencer. These training sessions must address issues

7

of discrimination, harassment, retaliation and investigating complaints of

8

the same. The sessions must be at least one hour in duration.

9 D. Reporting

10

19. Six months following the entry of this Decree and every six months thereafter for the

11 duration of the Decree, Jack in the Box Inc. will send the EEOC a written report of individuals

12 who, during the prior six- month period, complained of sexual harassment to Human Resources,

13 to the Ethics Helpline, to a governmental agency or in writing to any manager, along with an

14 explanation as to Defendant’s response to these complaints. Jack in the Box Inc. also shall

15 affirm steps taken to comply with all other terms of the Decree including affirmation that

16 employees listed in Paragraph 18 (d)(i) are undergoing training as provided in Paragraph 18

17 (d)(i).

18

20. Jack in the Box Inc. shall submit a final report to EEOC 30 days before the Consent

19 Decree expires, including a statement that it has complied with all the terms of this Consent

20 Decree.

21 E. Posting

22

21. Within two (2) weeks after entry of this Decree, Jack in the Box Inc. shall

23 post a notice in the form of Exhibit A attached to this Decree (the English and Hispanic forms

24 within Exhibit A which correspond to the matching store number) in prominent and conspicuous

25 locations in or near the employee lunchroom or other place within Jack in the Box Inc. premises

26 27 28
Consent Decree Page - 9

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061 Telephone: 206-220-6883 Facsimile: (206) 220-691 TDD: (206) 220-688

Case 2:03-cv-00814-MJP Document 24-1 Filed 06/03/2004 Page 10 of 13

1 where employees tend to gather. The notice shall remain posted for the duration of this Decree.

2 In the event that the persons and/or departments to whom individuals should make complaints

3 alleging discrimination or retaliation change during the term of the Decree, such that the

4 information contained on the notice is no longer accurate, Jack in the Box Inc. shall immediately

5 notify the EEOC’s legal department so it may prepare a new notice that contains the correct

6 information. Jack in the Box Inc. shall upon receipt of the new notice promptly replace the old

7 notices with the revised notices. Jack in the Box Inc. shall maintain a copy of this Decree in its

8 Personnel Office for any employee who wishes to review it. Jack in the Box Inc. shall notify its

9 managers, that if they become aware or if they are informed, that the notice has been prematurely

10 removed, that manager shall re-post the notice within 48 hours.

11

VIII. ENFORCEMENT

12

22. If the EEOC concludes that Jack in the Box Inc. has breached this

13 agreement, it may bring an action in the United States District Court for the Western

14 District of Washington at Seattle to enforce this Consent Decree. Before bringing an

15 action for breach of the Decree, the EEOC shall first give the company a 30-day written notice

16 through its legal department at 9330 Balboa Avenue San Diego CA 92123-1516, with such

17 period to commence on the date written notice is received. The EEOC and the company shall

18 use that 30-day period for good faith efforts to resolve the matter.

19

IX. RETENTION OF JURISDICTION

20

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

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

22

X. DURATION AND TERMINATION

23

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

24 is filed for Jack in the Box store number 8438. For stores 8307, 8310, 8314, 8321, 8423, 8470,

25 8475, 8308, 8417, 8437, 8452, 8455, 8457, and 8466, this Decree shall be in effect for two (2)

26 27 28
Consent Decree Page - 10

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061 Telephone: 206-220-6883 Facsimile: (206) 220-691 TDD: (206) 220-688

Case 2:03-cv-00814-MJP Document 24-1 Filed 06/03/2004 Page 11 of 13

1 years commencing with the date the Decree is filed. If the EEOC serves notices under paragraph

2 22 of any breach of the decree or if any complaint is filed with any governmental agency during

3 the duration of this decree for stores 8307, 8310, 8314, 8321, 8423, 8470, 8475, 8308, 8417,

4 8437, 8452, 8455, 8457, or 8466, the Decree shall be extended for the applicable store for an

5 additional one (1) year. If the EEOC petitions the Court for breach of agreement, and the Court

6 finds the company to be in violation of the terms of the Consent Decree, the Court may extend

7 this Consent Decree.

8

XI. CONCLUSION

9

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

10 the authorized representatives of each party sign and the court enters the consent

11 decree in the court.

12

13

DATED this 3rd

day of June

, 2004.

14

15 A. LUIS LUCERO, JR. Regional Attorney
16
KATHRYN OLSON 17 Supervisory Trial Attorney

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

18 TERI HEALY
Trial Attorney 19

GWENDOLYN YOUNG REAMS Associate General Counsel

20 BY: ______s/ A. Luis Lucero, Jr.___

21 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Seattle District Office

22 909 First Avenue, Suite 400

Office of the General Counsel

Seattle, Washington 98104

1801 "L" Street, N.W.

23 Telephone 206.220.6916

Washington, D.C. 20507

teri.healy@eeoc.gov

24

Attorneys for Plaintiff

25

26 27 28
Consent Decree Page - 11

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061 Telephone: 206-220-6883 Facsimile: (206) 220-691 TDD: (206) 220-688

Case 2:03-cv-00814-MJP Document 24-1 Filed 06/03/2004 Page 12 of 13

1

2 BY: s/ Laurie L. Johnston
3
LAURIE L. JOHNSTON, WSBA #25927 4 JACKSON LEWIS, LLP
600 University Street, Suite 2900 5 Seattle, WA 98101
Telephone 206.405.0404 6 johnstonl@jacksonlewis.com

7

Attorneys for Defendant

8

9 BY: s/ Ted R. Willhite

10 TED R. WILLHITE
LEVINSON FRIEDMAN, P.S. 11 Pacific Building
720 Third Avenue, Suite 1800 12 Seattle, WA 98104
Telephone: 206.624.8844 13

14

Attorneys for Plaintiff in Intervention

15

16

17

18

19

20

21

22

23

24

25

26 27 28
Consent Decree Page - 12

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061 Telephone: 206-220-6883 Facsimile: (206) 220-691 TDD: (206) 220-688

Case 2:03-cv-00814-MJP Document 24-1 Filed 06/03/2004 Page 13 of 13

1

ORDER

2

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

3 ORDERS THAT the foregoing Consent Decree be, and the same hereby is, approved as the final

4 decree of this Court in full settlement of this action. This lawsuit is hereby dismissed with

5 prejudice and without costs or attorneys' fees to any party. The Court retains jurisdiction of this

6 matter for purposes of enforcing the Consent Decree approved herein.

7

8

DATED this

day of

, 2004.

9

10

Marsha J. Pechman

11

UNITED STATES DISTRICT JUDGE

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26 27 28
Consent Decree Page - 13

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061 Telephone: 206-220-6883 Facsimile: (206) 220-691 TDD: (206) 220-688

 
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CLOSED, JURYDEMAND
U.S. District Court WESTERN DISTRICT OF WASHINGTON (Seattle) CIVIL DOCKET FOR CASE #: 2:03-cv-00814-MJP

EEOC v. Jack In The Box Inc Assigned to: Hon. Marsha J. Pechman Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 04/08/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by A Luis Lucero, Jr EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Email: LUIS.LUCERO@EEOC.GOV LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Theodore Ryan Willhite LAW OFFICES OF TED R WILLHITE BANK OF AMERICA TOWER 701 5TH AVENUE SUITE 4790 SEATTLE, WA 98104-7035 206-838-2521 Fax: 206-838-2522 Email: trw@willhitelaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. Defendant Jack In The Box Inc
Intervenor Plaintiff Amber Gallardo

Stephen Kenneth Monro 1604 HEWITT AVE STE 406 EVERETT, WA 98201 425-303-9288 Fax: FAX 1-425-303-9804 ATTORNEY TO BE NOTICED
represented by Laurie L Johnston JACKSON LEWIS (SEA) ONE UNION SQUARE 600 UNIVERSITY ST STE 2900 SEATTLE, WA 98101 206-405-0404 Fax: FAX 405-4450 Email: JohnstonL@JacksonLewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wayne W Hansen JACKSON LEWIS (SEA) ONE UNION SQUARE 600 UNIVERSITY ST STE 2900 SEATTLE, WA 98101 206-405-0404 Fax: FAX 405-4450 Email: hansenw@jacksonlewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Stephen Kenneth Monro 9623 32ND ST SE BLDG C101 EVERETT, WA 98205 425-303-9288 Fax: FAX 1-425-303-9804 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Theodore Ryan Willhite (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Intervenor Plaintiff Linda Gallardo'
Intervenor Plaintiff Michelle Grannis
Intervenor Plaintiff Romita Prasad
Intervenor Plaintiff Ena Williams

represented by Stephen Kenneth Monro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Theodore Ryan Willhite (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Stephen Kenneth Monro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Theodore Ryan Willhite (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Stephen Kenneth Monro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Theodore Ryan Willhite (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Stephen Kenneth Monro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Theodore Ryan Willhite (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 04/08/2003

#

Docket Text

1 COMPLAINT and JURY DEMAND (Summons(es) issued) Receipt # fee waived (USA) (PM) (Entered: 04/14/2003)

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04/14/2003 04/29/2003 05/06/2003 05/12/2003 05/16/2003 05/16/2003 06/17/2003 06/19/2003
06/25/2003
07/01/2003 07/02/2003 07/09/2003 07/15/2003

2 RETURN OF SERVICE of summons and complaint executed upon defendant Jack In The Box Inc on 4/10/03 (MD) (Entered: 04/15/2003)
3 ATTORNEY APPEARANCE for defendant by Wayne W Hansen, Laurie L Johnston (LS) (Entered: 05/01/2003)
4 ORDER RE: INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. Joint Status Report due 6/17/03 (cc: counsel, Judge) (MD) (Entered: 05/07/2003)
5 ANSWER to complaint [1-1] by defendant Jack In The Box Inc (MD) (Entered: 05/13/2003)
6 MOTION to intervene Amber Gallardo, Linda Gallardo, Michelle Grannis, Romita Prasad and Ena Williams as pltfs NOTED FOR 6/6/03 (MD) (Entered: 05/19/2003)
LODGED ORDER: re: motion to intervene Amber Gallardo, Linda Gallardo, Michelle Grannis, Romita Prasad and Ena Williams as pltfs [61] (MD) (Entered: 05/19/2003)
7 JOINT STATUS REPORT filed by all parties. Est. Trial Days: 8-10 (MD) (Entered: 06/18/2003)
8 ORDER by Judge Marsha J. Pechman GRANTING motion to intervene Amber Gallardo, Linda Gallardo, Michelle Grannis, Romita Prasad and Ena Williams as pltfs [6-1] intervenor-plaintiff Amber Gallardo, Linda Gallardo', Michelle Grannis, Romita Prasad, Ena Williams (cc: counsel, Judge) (MD) (Entered: 06/20/2003)
9 ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: 8-10 days. Jury Trial set for/will resume 6/28/2004 09:00 AM before Hon. Marsha J. Pechman. Joinder of Parties due by 7/23/2003.Expert Witness Disclosure due by 12/30/2003. Discovery due by 2/27/2004. Motions due by 3/30/2004.39.1 Settlement Report due by 5/29/2004.Motions in Limine due by 6/1/2004. Pretrial Order due by 6/16/2004. Pretrial Conference set for 6/18/2004 10:00 AM before Hon. Marsha J. Pechman. Trial briefs and exhibits to be submitted by 6/23/2004. Voir dire/jury instructions due by 6/23/2004. Signed by Judge Marsha J. Pechman. (MD, ) (Entered: 06/27/2003)
11 INITIAL DISCLOSURES by Intervenor Plaintiffs Amber Gallardo, Linda Gallardo', Michelle Grannis, Romita Prasad, Ena Williams.(MD, ) (Entered: 07/09/2003)
10 Intervenor COMPLAINT and jury demand, filed by Amber Gallardo, Linda Gallardo', Michelle Grannis, Romita Prasad, Ena Williams.(MD, ) (Entered: 07/09/2003)
12 SERVICE OF SUMMONS and Complaint returned executed upon defendant Jack In The Box Inc on 7/7/2003. (KERR, ) (Entered: 07/16/2003)
13 Mail Returned as Undeliverable re 9 Order Setting Trial Date and Related

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09/04/2003 12/23/2003 12/30/2003 01/03/2004 01/10/2004 02/03/2004
02/04/2004
02/12/2004 02/13/2004 02/23/2004

Dates,, addressed to Stephen K Monro (MD, ) (Entered: 07/22/2003)
14 NOTICE of Change of Address by Wayne W Hansen, Laurie L Johnston (MD, ) (Entered: 09/09/2003)
15 ORDER regarding CM/ECF system by Judge Marsha J. Pechman. (JS) (Entered: 12/23/2003)
16 ORDER denying stipulation and order regarding case schedule without prejudice. by Judge Marsha J. Pechman. (JS) (Entered: 12/30/2003)
17 Mail Returned as Undeliverable re 15 Order addressed to Stephen K Monro (MD, ) (Entered: 01/12/2004)
18 Mail Returned as Undeliverable re 16 Order addressed to Stephen K Monro (MD, ) (Entered: 01/21/2004)
19 AMENDED ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: 8-10. Jury Trial set for/will resume 10/4/2004 before Hon. Marsha J. Pechman. Joinder of Parties due by 3/2/2004; Expert Witness Disclosure due by 4/7/2004; Motions due by 5/7/2004; Discovery due by 6/7/2004; Dispositive motions due by 7/6/2004; Settlement conference to be held by 8/5/2004; 39.1 Settlement Report due by 9/3/2004. Motions in Limine due by 9/7/2004; Pretrial Order due by 9/22/2004; Pretrial Conference set for 9/24/2004 09:00 AM before Hon. Marsha J. Pechman. Trial briefs to be submitted by 9/29/2004; Voir dire/jury instructions due by 9/29/2004; by Judge Marsha J. Pechman. (MD, ) (Entered: 02/04/2004)
20 AMENDED ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: 8-10. Jury Trial set for/will resume 10/4/2004 09:00 AM before Hon. Marsha J. Pechman. Joinder of Parties due by 3/2/2004; Expert Witness Disclosure due by 4/7/2004; Motions due by 5/7/2004; Discovery due by 6/7/2004; Dispositive motions due by 7/6/2004; Settlement conference to be held by 8/5/2004; 39.1 Settlement Report due by 9/3/2004. Motions in Limine due by 9/7/2004; Pretrial Order due by 9/22/2004; Pretrial Conference set for 9/24/2004 09:00 AM before Hon. Marsha J. Pechman. Trial briefs to be submitted by 9/29/2004; Voir dire/jury instructions due by 9/29/2004; by Judge Marsha J. Pechman. (MD, ) (Entered: 02/05/2004)
21 Mail Returned as Undeliverable re 19 Amended Order Setting Trial Date and Related Dates, addressed to Stephen Kenneth Monro (AF, ) (Entered: 02/18/2004)
22 Mail Returned as Undeliverable re 19 Order Setting Trial Date and Related Dates,, addressed to Stephen Kenneth Monro (Temp1, ) (Entered: 02/18/2004)
23 NOTICE of Association of Attorney by Stephen Kenneth Monro on behalf of Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiffs Amber Gallardo, Linda Gallardo', Michelle Grannis, Romita Prasad, Ena Williams W/ATTORNEY THEODORE R

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WILLHITE (MD, ) (Entered: 02/25/2004)
24 STIPULATION of parties Consent Decree and Proposed Order. (Attachments: # 1 Exhibit A - Notice 8438# 2 Exhibit A- Aviso 8438# 3 Exhibit A- Notice for other stores# 4 Exhibit A- Aviso for other stores) (Healy, Teri) (Entered: 06/03/2004)
25 CONSENT DECREE- this lawsuit is hereby dismissed with prejudice and without costs or attorneys' fees to any party. Court retains jurisdiction of this matter for purposes of enforcing the Consent Decree approved herein by Judge Marsha J. Pechman. (MD, ) (Entered: 06/08/2004)
26 Mail Returned as Undeliverable re 25 Decree,, Terminated Case, addressed to Stephen K Monro (MD, ) (Entered: 06/18/2004)

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 EEOC LITIGATION SETTLEMENT REPORT - June 2004

http://www.eeoc.gov/litigation/settlements/settlement06-04.html

EEOC v. Jack in the Box, Inc. No. CV03-814P (W.D. Wash. June 6, 2004)
The Seattle District Office brought this Title VII suit, alleging that defendant, a fast food chain, subjected five female charging parties working at a location in Everett, Washington (store 8438) to a sexually hostile working environment and retaliated against two of them for their complaints about the discrimination. A male store manager, who directly supervised the CPs, made derogatory and insulting statements, such as constant comments about wanting to get into the women's pants, called the women bitches, sluts and whores, and remarked on the attractiveness of the women's breasts and buttocks. Unwilling to discipline the store manager despite CPs' complaints, defendant's Area Manager transferred one CP, causing her to resign because of the undesirable new location. The store manager was eventually terminated for reasons unrelated to the discrimination complaints, but his replacement retaliated against another CP who had complained by disciplining her for cash shortages for which she was not responsible. The case was resolved by a three-year consent decree that requires defendant to pay a total of $300,000 to the five charging parties. Defendant is enjoined from engaging in personnel practices which discriminate against applicants and employees in violation of Title VII. Defendant will provide mandatory training on sexual harassment, gender discrimination, and retaliation to all employees at 8 specific stores, all employees who worked for defendant prior to April 2003 at 7 other identified stores, and all new employees at the 15 stores during their orientation.

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