1 A. LUIS LUCERO, JR. CLAIRE CORDON
2 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
3 SEATTLE, WA 98104 TEL: 206/220-6895
4 FAX: 206/220-6869

OR\G\NAL , I
,- r-
. ;,----:-U-f~~-i-\-~---
U,;iJO

5

6

7

8

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF IDAHO

9

EQUAL EMPLOYMENT OPPORTUNITY

)

10 COMMISSION,

)

)

11

Plaintiff,

12

v.

) CIVIL ACTION NO.

a elV )
) COMPLAINT

99- 089

)

13 HALL-COPELAND FORD LINCOLN

) JURY TRIAL DEMAND

MERCURY MAZDA d/b/a HALL-COPELAND )

14 AUTO VILLAGE d/b/a TONY COPELAND

)

AUTO VILLAGE,

)

15

)

Defendants.

)

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

17 NATURE OF THE ACTION
18 This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil
19 Rights Act of 1991 to correct unlawful employment practices and to provide appropriate relief to
20 Marla Martin. The Equal Employment Opportunity Commission alleges that defendant sexually
21 harassed Ms. Martin, retaliated against her when she complained of the harassment, and failed to
22 take prompt corrective action to remedy the harassment, thus forcing Ms. Martin to quit her job.
23 Plaintiff seeks monetary relief including pecuniary and nonpecuniary compensatory and punitive
24 damages and injunctive relief.
25

COMPLAINT -- PAGE 1

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Seattle District Office

909 First Avenue, Suite 400

Seattle, Washington 98104-1061

Telephone: (206) 220-6883

Facsimile: (206) 220-6911 TDD: (206) 220-6882

\.

1

JURISDICTION AND VENUE

2

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

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

4 Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. section 2000e et seq. ("Title

5 VII") and section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981 a.

6

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

7 jurisdiction of the United States District Court for the District ofIdaho.

8

PARTIES

9

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

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

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

12 and (3) of Title VII, 42 U.S.c. §§ 2000e-5(f)(I) and (3).

13

4. At all relevant times, defendant, Hall-Copeland Ford Lincoln Mercury Mazda,

14 dba Hall-Copeland Auto Village dba Tony Copeland Auto Village. ("Defendant"), has

15 continuously been a corporation doing business in the State of Idaho and has continuously had at

16 least 15 employees.

17

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

18 an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h)

19 ofTitle VII, 42 U.S.c. §§ 2000e(b), (g) and (h).

20

STATEMENT OF CLAIMS

21

6. More than thirty days prior to the institution of this lawsuit, Ms. Martin filed a

22 charge of discrimination with the Idaho Human Rights Commission alleging violations of Title

23 VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled.

24

7. Ms. Martin began working for Defendant in March 1995 and was subjected to

25 sexual harassment and retaliation until the time of her constructive discharge in May, 1997.

COMPLAINT -- PAGE 2

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Avenue, Suite 400 Seattle, Washington 98' 04- 1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911 TOO: (206) 220-6882

1 Defendant's unlawful employment practices at its facilities in Lewiston, Idaho violated Section

2 704(a) ofTitle VII, 42 U.S.c. § 2000e-2(a).

3

8. The effect of the practice(s) complained of in paragraph 7 above, has been to

4 deprive Ms. Martin of equal employment opportunities and otherwise adversely affect her status

5 as an employee because of her sex and in retaliation for her having complained about sexual

6 harassment in Defendant's workplace.

7

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

8 intentional.

9

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

10 done with malice or with reckless indifference to the federally protected rights of Ms. Martin.

11

PRAYER FOR RELIEF

12

Wherefore, the Commission respectfully requests that this Court:

13

A. Grant a permanent injunction enjoining Defendant and its officers, agents,

14 successors, assigns, and all persons in active concert or participation with them, from engaging in

15 sex discrimination and retaliation against employees who oppose discrimination.

16

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

17 prevent its employees from being subjected to sexual harassment and retaliation for opposing

18 practices that they believe are unlawful under federal anti-discrimination laws and which

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

20

c. Order Defendant to make whole Ms. Martin by providing appropriate back pay

21 with prejudgment interest, and front pay in amounts to be determined at trial, and other

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

23 described above, including but not limited to, reinstatement.

24

D. Order Defendant to make whole Ms. Martin by providing compensation for past

25 and future pecuniary losses resulting from the unlawful employment practices described in

COMPLAINT -- PAGE 3

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Avenue, Suite 400 Seattle, Washington 98104-'061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911 TDD: {206} 220-6882

1 paragraph 7 above, including without limitation medical expenses, job search expenses and other

2 past and future out-of-pocket expenses, in amounts to be determined at trial.

3

E. Order Defendant to make whole Ms. Martin by providing compensation for past

4 and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph

5 7 above, including without limitation emotional pain, suffering, and loss of enjoyment of life, in

6 amounts to determined at trial.

7

F. Order Defendant to pay Ms. Martin punitive damages for its malicious and

8 reckless conduct described in paragraph 7 above, in amounts to be determined at trial.

9

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

10 interest.

11

I.

Award the Commission its costs of this action.

12

JURy TRIAL DEMAND

13

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

14

d / ' F:r(-[

)

DATED this ---,1."",,)_ _ _ day of VI),!U ('

,1999.

/

15

A. LUIS LUCERO, JR.

C. GREGORY STEWART

16 Regional Attorney

General Counsel

17 CLAIRE CORDON

Supervisory Trial Attorney 18
19

Ij
/1
/

EQUAL EMPLOYMENT

20 OPPORTUNITY COMMISSION

Seattle District Office

21 909 First Avenue, Suite 400

Seattle, Washington 98104

22 Telephone (206) 220-6912

GWENDOLYN YOUNG REAMS Associate General Counsel
Office of the General Counsel 1801 "L" StreetNW Washington, D.C. 20507

23

Attorneys for Plaintiff

24

25

COMPLAINT -- PAGE 4

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911 TDD: (206) 220-6882

 
 • • u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office JAN 2 f 1999

Federal Office Building
909 First Ave., Suite 400 Seattle, WA 98104-1061
PH, (206) 220-6883 T.O.' (206) 220-6882 F AlC (206) 220-6911

Marla Martin 1641 Stafford Court Clarkston, WA 99403

Charge 38C 970242 Charging Party

Tony Copeland Ford 1617 21st Street Lewiston, ID 83501

Respondent

DETERMINATION

Under the authority vested in me by the Commission, I issue the following determination as to the merits of the subject charge filed under Title VII of the Civil Rights Act of 1964, as amended.
All requirements for coverage have been met. Charging Party alleged that Respondent discriminated against her in violation of Title VII in that because of her gender, she was subjected to sexual harassment; that she was retaliated against for complaining of sexual harassment and was forced to quit because Respondent management failed to respond to her complaints.
During the investigation, all relevant available witnesses were interviewed, and all relevant documents were reviewed. I have considered all the evidence disclosed during the investigation and have determined that there is reasonable cause to believe that there is a violation of the statute as alleged.
Upon finding that there is reason to believe that violations have occurred, the Commission attempts to eliminate the alleged unlawful practices by informal methods of conciliation. Therefore, the Commission now invites the parties to join with it in reaching a just resolution of this matter. The confidentiality provisions of Title VII and Commission Regulations apply to information obtained during conciliation.
If the Respondent declines to discuss settlement or when, for any other reason, a settlement acceptable to the office Director is not obtained, the Director will inform the parties and advise them

EXHIBIT Z
Page 1 of 2

• •
Charge 38C970242 Page 2

of the court enforcement alternatives available to aggrieved persons and the Commission. A Commission representative will contact each party in the near future to begin conciliation.
On Behalf of the Commission:

JAN 2 1 1999
cc: Charles A. Brown, Atty for Respondent 324 Main Street POBox 1225 Lewiston, ID 83501

J NETTE M. LEINO District Director

EXHIBIT Z
Page 2 of 2

• •

HOLD HARMLESS AGREEMENT

MARLA J. MARTIN has been paid the amount of FortY~Two Thousand Five

Hundred Dollars ($42,500.00), receipt of which is hereby acknowledged.

MARLA J. MARTIN has requested that said amount be designated as: Twenty

Thousand Dollars ($20,000.00) in the form of salary, and Twenty~Two

Thousand Five Hundred ($22,500.00) as a lump sum for emotional distress

incurred by her. Said amount has been paid on behalf of HOFF FORD INC.

and/or HALL COPELAND FORD, LINCOLN, MERCURY, MAZDA d/b/a HALL COPELAND

AUTO VILLAGE d/b/a TONY COPELAND AUTO VILLAGE, its successors and

assigns, and all other persons, firms, or corporations who are or might

be liable for any claims of any kind or character which MARLA J. MARTIN

may have as against HOFF FORD INC., et al.

In regard to the Twenty-TWO Thousand Five Hundred ($22,500.00) paid

for emotional distress, if at any time in the future a governmental

agency, whether federal, state, or local, requires HOFF FORD, INC. to

redesignate said Twenty-TWO Thousand Five Hundred ($22,500.00) as salary,

MARLA J. MARTIN shall hold HOFF FORD INC., et al., harmless from any

additional costs, expenses, taxes, payroll costs or expenses that HOFF

FORD INC., et al., would be responsible for in said redesiqnation.

DATED on this

day of November. 2000.

Marla J. Martin

STATE OF
5S.
county of

On this

day of November, 2000, before me,

____________________________, a notary public, personally appeared, MARLA J.

MARTIN, known to me to be the person whose name is subscribed to the

foregoing instrument, and acknowledged to me that she executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal

on the day and year first above written.

(NOTARY SEAL) HOLD HARMLESS AGREEMENT

Notary Public for Residing at My commission expires on

Charles A Brown, Esq. P.O. Box 12251324 Main St.
EXHIBrf~~:::~~fOX)

Page I of 3

988S9VL80G S38I~~O M~, ~o~~

~dSV'E 00G-G0-LL

9-28-200 9,56AM

•FROM LAW OFFICES 2087465886

•

P.3

RELEASE IN FULL
For the sole and only consideration of Forty-Two Thousand Five Hundred Dollars ($42,500.00) to MARLA J. MARTIN paid, receipt of which is hereby acknowledged, MARLA J. MARTIN hereby releases and discharges HOFF FORD, INC., AND/OR HALL-COPELAND FORD LINCOLN MERCURY MAZDA d/b/a HALL-COPELAND AUTO VILLAGE d/b/a TONY COPELAND AUTO VILLAGE, its successors and assigns, and all other persons, firms or corporations who are or might be liable, from all claims of any kind or character which she has or might have against HOFF FORD, INC., AND/OR HALL-COPELAND FORD LINCOLN MERCURY MAZDA d/b/a HALL-COPELAND AUTO VILLAGE d/b/a TONY COPELAND AUTO VILLAGE, and especially because of all losses, injuries, or damages to person or property of any nature whatsoever, including financial, reputation, or income loss, whether developed or undeveloped, resulting or to result from her employment with HOFF FORD, INC., AND/OR HALL-COPELAND FORD LINCOLN MERCURY MAZDA d/b/a HALL-COPELAND AUTO VILLAGE d/b/a TONY COPELAND AUTO VILLAGE, her separation from HOFF FOBD, INC., AND/OR HALL-COPELAND FORD L!NCOLN MERCuRY MAZDA d/b/a HALL-COPELAND AUTO VILLAGE d/b/a TONY COPELAND AuTO VILLAGE, whether that be by her own volition or by constructive discharge or otherwise, and any other claims of any nature whatsoever that she may have by reason of any interrelationship that she had with HOFF FORD, INC., AND/OR HALL-COPELAND FORD LINCOLN MERCURY MAZDA d/b/a HALL-COPELAND AUTO VILLAGE d/b/a TONY COPELAND AUTO VILLAGE, and she hereby acknowledges full settlement and satisfaction of all claims of whatever kind or character which she may have against HOFF FORD, INC., AND/OR HALL-COPELAND FORD LINCOLN MERCURY MAZDA d/b/a HALL-COPELAND AUTO VILLAGE d/b/a TONY COPELAND AUTO VILLAGE, by reason of the above-mentioned losses or injuries or arising from a cause of civil of action entitled EEOC V Hall-Copeland Ford Lincoln Mercury Mazda. et al., Civ. No. 99-0089-N-EJL, filed in the United States District Court for the District of Idaho.
It is further understood and agreed that the payment of said amount is not to be construed as an admission of liability upon the part of said persons, firms, or corporations; liability being by HOFF FORD, INC., AND/OR HALL-COPELAND FORO LINCOLN MERCURY MAZDA d/b/a HALL-COPELAND AUTO VILLAGE d/b/a TONY COPELAND AUTO VILLAGE expressly denied.
EXHIBIT 3
Page 2 of 3

9-28-200 9,57AM

•FROM LAW OFFICES 2087465886

•

P.4

All agreements and understandings between the parties hereto are embodied and expressed herein and the terms of this release are contractual and not a mere recital.
MARLA J. MARTIN HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT.

DATED on thi5

day of _____' 2000.

Marla J. Martin Acceptable as to form and content:

Carmen Flores Attorney for Marla J. Martin

STATE OF
ss. County of ______

On this

day of

, 2000, before me,

, a

notary public, personally appeared, Marla J. Martin, known to me to be

the person whose name is subscribed to the foregoing instrument, and

acknowledged to me that she executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal

on the day and year first above written.

(NOTARY SEAL)

Notary Public fOr Residing at My co~ission expires on

EXHIBIT 3
Page 3 of 3

• •
NOTICE TO ALL EMPLOYEES
This notice is being posted pursuant to a agreement between Hall-Copeland Ford Lincoln Mercury Mazda and the Equal Employment Opportunity Commission as the result of a settlement of a lawsuit pending in the federal district court for the district of Idaho, Civ. No. 99-0089-N-EJL.
Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, and the Americans with Disabilities Act of 1990 are enforced by the EEOC and require the following:
That there be no discrimination against any employee or applicant for employment because of the employee's race, sex, color, religion, national origin, age (over age 40), or disability with respect to hiring, firing, compensation, or other terms, conditions or privileges of employment.
It is an unlawful employment practice for an employer to retaliate against any employees or applicants for employment because they have opposed a practice or because they have made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under these statutes.
Hall-Copeland Ford Lincoln Mercury Mazda will institute a training program to train its managers regarding the requirements of the above statutes, with particular emphasis on sex discrimination.
This notice is being posted because Hall-Copeland Ford Lincoln Mercury Mazda supports and will comply with these federal laws in all respects and will not take any retaliatory action against employees because they have exercised their rights under the law.
DATED ~~~~~_~_ _ _, 2000.
Hall-Copeland Ford Lincoln Mercury Mazda
By: _ _~~~~_~_ _ _ __
EXHIBIT 4-
Page 1 of 1

urled States District court.

cv

for the

District of Idaho

November 9, 2000

* * CLERK'S CERTIFICATE OF MAILING * *

Re: 3:99-cv-00089

I certify that a copy of the attached document was mailed to the following named persons:
A Luis Lucero Jr, Esq. US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Ave #400 Seattle, WA 98104-1061
Claire Cordon, Esq. US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Ave #400 Seattle, WA 98104-1061
Charles A Brown, Esq. BROWN & LITTENEKER PO Drawer 1225 Lewiston, ID 83501

Cameron S. Burke, Clerk

Date:

BY: (D~{d~A~

 
 District of Idaho Live CM/ECF - Docket Report

https://ecf.idd.uscourts.gov/cgi-bin/DktRpt.pl?741577080632946-L_35...

MTNDDL, RFNDSP, RFSETL, TERMED
U.S. District Court District of Idaho (LIVE Database)Version 3.0.4 (Moscow)
CIVIL DOCKET FOR CASE #: 3:99-cv-00089-EJL

EEOC v. Hall-Copeland Ford Assigned to: Honorable Edward J. Lodge Demand: $0 Cause: 28:451 Employment Discrimination Plaintiff Equal Employment Opportunity Commission
V. Defendant Hall-Copeland Ford Lincoln Mercury Mazda doing business as Hall-Copeland Auto Village doing business as Tony Copeland Auto Village

Date Filed: 03/04/1999 Date Terminated: 11/09/2000 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by A Luis Lucero, Jr US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6883 Fax: 1-206-220-6911 Email: luis.lucero@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Claire Cordon US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6883 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Charles A Brown PO Box 1225 Lewiston, ID 83501 (208) 746-9947 Fax: 1-208-746-5886 Email: CharlesABrown@cableone.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

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District of Idaho Live CM/ECF - Docket Report

https://ecf.idd.uscourts.gov/cgi-bin/DktRpt.pl?741577080632946-L_35...

Date Filed 03/04/1999 03/29/1999 09/07/1999 10/14/1999 11/22/1999
02/25/2000 04/24/2000 05/05/2000 06/08/2000
06/08/2000 06/13/2000 06/14/2000 06/16/2000 07/20/2000 07/28/2000 07/28/2000 07/28/2000 08/01/2000

#

Docket Text

1 COMPLAINT (Summons(es) issued) (jml) (Entered: 03/09/1999)
2 ANSWER by def Hall-Copeland Ford (dkh) (Entered: 03/30/1999)
3 NOTICE OF TELEPHONE SCHEDULING CONFERENCE ; Teleconf set for 11/17/99 2:00 (cc: all counsel) (dkh)
4 NOTICE of taking deposition duces tecum of Marla Martin 10/29/99 (dkh)
5 SCHEDULING ORDER by Honorable Edward J. Lodge ; Telephonic Status Conference held 11/17/99 ; Discovery ddl set for 6/30/2000 ; Disp Motion ddl set 7/28/2000 ; Jury Trial 11/28/2000 9:30 Moscow Non-dispositive motions referred to Magistrate Mikel H. Williams (cc: all counsel) (dkh) (Entered: 11/23/1999)
6 MOTION by def Hall-Copeland Ford to amend answer to complaint (dkh)
7 NOTICE of taking deposition duces tecum of Mike Grow 5/2/00 (dkh) (Entered: 04/25/2000)
8 REQUEST by pla EEOC for settlement conference (dkh)
9 ORDER by Magistrate Mikel H. Williams granting motion to amend answer to complaint [6-1] ; Case Mgmt ddl set for 6/22/00 (cc: all counsel) (dkh) (Entered: 06/09/2000)
10 AMENDED ANSWER [2-1] by def Hall-Copeland Ford (dkh) (Entered: 06/14/2000)
11 ORDER by Magistrate Mikel H. Williams Settlement conference referred to Magistrate Larry M. Boyle (cc: counsel) (dkh) (Entered: 06/14/2000)
12 NOTICE OF HEARING ; Settlement conference set for 8/25/00 10:30 Moscow (cc: all counsel) (dkh) (Entered: 06/15/2000)
13 ORDER by Magistrate Larry M. Boyle ; Settlement conference set for 8/25/00 10:30 Moscow (cc: all counsel) (dkh)
14 NOTICE OF HEARING ; Settlement conference set for 8/25/00 vacated and reset for 9/1/00 1:00 Moscow (cc: all counsel) (dkh) (Entered: 07/21/2000)
15 MOTION by def Hall-Copeland Ford for summary judgment (dkh) (Entered: 08/01/2000)
16 MEMORANDUM by def in support of motion for summary judgment [15-1] (dkh) (Entered: 08/01/2000)
17 STATEMENT OF MATERIAL FACTS by def in support of motion for summary judgment [15-1] (dkh) (Entered: 08/01/2000)
18 AFFIDAVIT of Charles A Brown regarding motion for summary judgment [15-1] (dkh)

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https://ecf.idd.uscourts.gov/cgi-bin/DktRpt.pl?741577080632946-L_35...

08/08/2000 08/09/2000 08/10/2000
08/22/2000 08/22/2000 08/28/2000 08/28/2000 08/28/2000 08/28/2000 08/30/2000 11/09/2000

19 REPLACEMENT MEMORANDUM by def Hall-Copeland Ford in support of motion for summary judgment [15-1] (dkh)
20 MOTION by pla EEOC to extend time to respond to def's motion for summary judgment (dkh)
21 ORDER by Magistrate Mikel H. Williams granting motion to extend time to respond to def's motion for summary judgment [20-1] motion for summary judgment [15-1] ; Response to motion ddl extended to 8/22/00 (cc: all counsel) (dkh) (Entered: 08/11/2000)
22 RESPONSE by pla EEOC to motion for summary judgment [15-1] (Not scanned) (dkh) Modified on 08/22/2000
23 AFFIDAVIT of Carmen Flores regarding motion for summary judgment [15-1] (Not scanned) (dkh)
24 REPLY by def Hall-Copeland Ford to response to motion for summary judgment [15-1] (dkh) (Entered: 08/29/2000)
25 MOTION by def Hall-Copeland Ford in limine (dkh) (Entered: 08/29/2000)
26 MEMORANDUM by def in support of motion in limine [25-1] (dkh) (Entered: 08/29/2000)
27 SUPPLEMENTAL AFFIDAVIT of Charles A Brown regarding motion for summary judgment [15-1] (dkh) (Entered: 08/29/2000)
cv case settled - settlement papers within 30 days. (cv)
28 CONSENT DECREE by Honorable Edward J. Lodge and order dismissing case (cc: all counsel) (dkh) (Entered: 11/13/2000)

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