UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
PLAINTIFF,

CIVIL ACTION NO.

LABOR READY, DEFENDANT.

COMPLAINT AND JURY DEMAND

NATURE OF THE ACTION
This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex, and to provide appropriate relief to Charging Party Kimberly Latorrey. As charged with greater specificity below, Plaintiff Equal Employment Opportunity Commission alleges that Defendant Labor Ready did not promote Ms. Latorrey because of her sex, female.

JURISDICTION AND VENUE t. 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 701(k), 706(f)(1), and 706(f)(3) of Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. §2000e et seq. ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a ("CRA 1991"). 2. The unlawful employment practices were and are now being committed

within the jurisdiction of the United States District Court for the Northern District of New York.
PARTIES 3. Plaintiff Equal Employment Opportunity Commission ("EEOC") is an 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 Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. §2000e - 5(0(1) and (3). 4. At all relevant times, Defendant Labor Ready has continuously been a New York corporation doing business in the State of New York and the County of Broome, and has continuously had at least 15 employees. 5. At all relevant times Defendant Labor Ready has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g) and (h) of Titte VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than 30 days prior to the institution of this lawsuit, Kimberly Latorrey filed a charge with the Commission alleging violations of Title VII by Labor Ready. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least March, 2002,.Defendant Labor Ready has discriminated against Kimberly Latorrey on the basis of her sex, female, in violation of Sections 701 (k), 706(f)(1), and 706(f)(3) Title VII, 42 U.S.C. §2000e et seq., by failing to promote her beyond the position of Customer Service Representative II ("CSR" II).
2

8. Labor Ready first hired Ms. Latorrey as a CSR I in August, 1998. She worked as a CSR I until April, 1999, when she voluntarily resigned.
9. In June, 2000 Ms. Latorrey was rehired as a CSR I in Labor Ready’s Binghamton, New York office. In July, 2001 Labor Ready promoted Ms. Latorrey to a CSR II position. Since at least March, 2002, Ms. Latorrey told Labor Ready District Manager Christopher Harvey that she was interested in becoming a Branch Manager.
10. In September, 2002, District Manager Harvey promoted a male, Jeffrey Lewis, who was less qualified than Ms. Latorrey, to be Branch Manager of Labor Ready’s Schenectady, New York office. District Manager Harvey did not promote Ms. Latorrey because of her sex, female, in violation of Sections 701(k), 706(f)(1), and 706(f)(3) Title VII, 42 U.S.C. §2000e et seq.
t 1. In January, 2003, when Mr. Lewis abandoned his job, District Manager Harvey again did not promote Ms. Latorrey. Instead, District Manager Harvey hired Steven Babin, a less qualified male, as Branch Manager of Labor Ready’s Schenectady office, in violation of Sections 701 (k), 706(f)(1), and 706(0(3) Title VII, 42 U.S.C. §2000e et see2.
12. Thus, between March, 2002 until she left Labor Ready in May, 2003, Ms. Latorrey was not promoted because of her sex, female, in violation of Sections 701 (k), 706(f)(1), and 706(f)(3) Title VII, 42 U.S.C. §2000e et seq.
13. The effect of the practices complained of above has been to deprive Ms. Latorrey of equal employment opportunities and to otherwise adversely affect her status as an employee because her sex.
14. The unlawful employment practices complained of above were and are
3

intentional. 15. The unlawful employment practices complained of above were and are
willful and done with malice or with reckless indifference to the federally protected rights of Ms. Latorrey.
PRAYER FOR RELIEF The Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Labor Ready, its officers, successors, assigns and all persons in active concert or participation with it from engaging in any employment practices which discriminate on the basis of sex. B. Order Defendant Labor Ready to institute and carry out policies, practices and programs which provide equal employment opportunities for female employees, and which eradicate the effects of Defendant Labor Ready’s past and present unlawful employment practices. C. Order Defendant Labor Ready to make whole Kimberly Latorrey by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of defendant Labor Ready’ unlawful employment practices. D. Order Defendant Labor Ready to make whole Kimberly Latorrey by providing compensation for past and future pecuniary losses in amounts to be determined at trial. E. Order Defendant Labor Ready to make whole Kimberly Latorrey by

providing compensation for past and future non-pecuniary losses, including pain, suffering, and humiliation in amounts to be determined at trial.
F. Order Defendant Labor Ready to pay Kimberly Latorrey punitive damages for its malicious and/or reckless conduct, as described above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the EEOC its costs in this action.

JURY DEMAND

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

Complaint.

Dated:

New York, New York May 26, 2005

Respectfully submitted,

Eric S. Dreiband General Counsel

James L. Lee Deputy General Counsel

Gwendolyn Young Reams Associate General Counsel

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington, D.C~. 20507

Elizabd~th Grossman Acting Regional A[torney

Lisa Sirkin Superviso.~ Trial///kttorney

Micl~a~ J.~l~Br~Bar ID 512040) Senior Trial Attorney

New York District Office 33 Whitehall Street, 5t~ Floor

New York, NY 10004-2112

Phone:

(212) 336-3694

Fax::

(212) 336-3623

e-mail:

michael.obrien@eeoc.gov

 
 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
PLAINTIFF,
v.
LABOR READY,
DEFENDANT. ---------------------------------------------------------------x

U.S. DISTRICT COURT - N.D. OF N.Y.
I F I LED
[ MAR - 2 2006
AT_O'CLOCK Lawrence K. Baerman, Clerk:-.-B;-ng-ha-mt-on
CIVIL ACTION NO.
05-CV-0645 (TJM) (DEP)

CONSENT DECREE This cause of action was initiated on March 31, 2005, by the United States Equal Employment Opportunity Commission ("EEOC") alleging that Labor Ready, Inc. ("Labor Ready" or "Defendant") engaged in unlawful employment practices on the basis of sex, in violation of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq. ("Title VII"). The EEOC alleged that Labor Ready discriminated against Kimberly Latorrey (now Demchak) ("Demchak") by not promoting her to a Branch Manager's position because of her sex, female. The Parties hereto desire to settle this action, and therefore do hereby stipulate and consent to the entry of this Decree as final and binding between the Parties and their successors or assigns. Labor Ready denies that it engaged in any unlawful employment practices as alleged by the Commission or that it otherwise violated Title VII. This Decree resolves all matters related to Civil Action 05-CV-0645 (TJM) (DEP), now pending in the United States District Court for the Northern District of New York. The Parties agree that this Decree may be entered into without Findings of Fact and Conclusions of Law being made and entered by the Court. No waiver, modification or amendment of any provision of this Consent Decree shall be effective unless made in writing, approved by all

Parties to this Consent Decree and approved or ordered by the Court. No representations or

inducements to compromise this action have been made other than those recited or referenced in

this Consent Decree.

In consideration of the mutual promises and agreements contained in this Decree,

the sufficiency of which is hereby acknowledged, the Parties agree as follows, the Court finds

appropriate, and it is therefore ORDERED, ADJUDGED AND AGREED THAT:

1. This Consent Decree resolves all issues raised in EEOC Charge Number

165-2003-00528 and all issues that were raised in the Complaint filed by EEOC. The Decree

does not resolve any other charge of discrimination currently pending before the EEOC against

Labor Ready, or any charge that may be filed in the future against Labor Ready.

2. The Parties agree and the Court finds that this Court has jurisdiction over

the subject matter of this action and the Parties to this action, that venue is proper, and that all

administrative prerequisites have been met. No party shall contest the validity of this Decree or

the jurisdiction of the federal district court to enforce this Decree and its terms.

3. This Decree is issued with the consent of the Parties.

4. This Consent Decree, being entered into with the consent of the parties for

purposes of settlement, shall not constitute an adjudication on the merits of this lawsuit and shall

not be construed as an admission by Defendant of any violation of Title VII or any executive

order, law, rule or regulation dealing with or in connection with discrimination, harassment, or

retaliation in employment over which the EEOC has jurisdiction.

S.

This-&)flsenf-Deeree-eenstiMes-the-oomplete-agr~ement-9trtweoo-the-------

EEOC and Labor Ready with respect to the matters referred to herein. No waiver, modification

or amendment of any provision of this Consent Decree shall be effective unless made in writing,

approved by all Patties to this Decree and approved or ordered by the Court.

2

6. In settlement of this dispute, Labor Ready shall pay to Kimberly Demchak

Eighteen Thousand Seven Hundred and Fifty Dollars and no cents ($18,750.00) in backpay

damages, and Eighteen Thousand Seven Hundred and Fifty Dollars and no cents ($18,750.00) in

compensatory damages.

(a) The backpay amount of Eighteen Thousand Seven Hundred and

Fifty Dollars and no cents ($18,750.00) shall be reduced only by any applicable deductions for

the employee's portion of FICA and by applicable federal and state income tax withholdings

related to the payment of employees' wages. In addition, Labor Ready will be responsible for

the employer contributions to FICA and for all taxes and deductions regularly paid by

employers.

(b) As the Parties agree that an amount of Eighteen Thousand Seven

Hundred and Fifty Dollars and no cents ($18,750.00) represents compensatory damages under

Title VII, Labor Ready is not required to withhold taxes or to make any employer contributions

for FICA. Labor Ready will issue a Form 1099 for this amount.

(c) Labor Ready will make such payments within thirty (30) days after

receiving notice of the Court's entry of this Consent Decree, or Demchak's execution of a

separate Settlement Agreement and Release, whichever occurs later, Defendant shall deliver to

Ms. Demchak, by United States Postal Service, certified mail return receipt requested, separate

business checks for each of the amounts set forth in paragraphs 5(a), (b), and (c) above, as well

as the required statement of all payments and deductions and 1099's. Labor Ready shall, at the

same time it makes said payments, mail to counsel for the EEOC in the instant lawsuit, by

United States Postal Service, certified mail return receipt requested, copies ofthe checks and

check stubs, which shall show the applicable deductions.

3

(d) Kimberly Demchak shall address all requests for a reference or

employment verification to the Employee Services Department (1-800-610-8920 x8511), who shall provide a neutral reference confirming Demchak's dates of employment and last position

held of CSR II.

(e) Labor Ready agrees to pay $600 to Ms. Demchak to consult with

counsel regarding the Release Agreement between Labor Ready and Ms. Demchak. However, no such Release Agreement shall prevent Ms. Demchak from cooperating in any way with the

EEOC.

7. Labor Ready shall ensure that EEO posters pertaining to laws prohibiting

discrimination and sexual harassment are posted in conspicuous places where employee notices

are usually placed in all of its locations in accordance with 29 C.F.R. 1601.30. This shall remain

in place for the duration of this Decree. 8. Within seven (7) days following the effective date of this Consent Decree,

Labor Ready agrees to post a remedial Notice in conspicuous places where employee notices are usually placed at its Binghamton office specifying the terms and conditions of the settlement of

this case, in the form attached as Exhibit A. 9. Neither Labor Ready nor its managers, officers, agents, successors, or

assigns will discriminate against any individual because of the individual's sex, or retaliate against any individual for participating in this matter in any way, for assisting or providing information to the EEOC, or for asserting his or her rights under Title VII. Labor Ready further agrees that it will not discriminate against any individual because of the individual's sex in

regard to promotion.
- - - - - _ . _ - - ... -
10. Within one (1) year of the date of this Decree, Labor Ready will require
all supervisory personnel and all employees in the Northeast Pa District to take, or re-take, Labor

4

Ready's Human Resources anti-discrimination training. In addition, within one (1) year ofthe date of this Decree, Labor Ready will also provide one (1) to two (2) hours of sex discrimination training with a focus on promoting and retraining female employees for supervisory positions within the Northeast Pa District at Labor Ready. Within thirteen (13) months of this Decree, Labor Ready will provide a sworn statement to the undersigned counsel for the EEOC that all such training has taken place.
II. Labor Ready will utilize the anti-discrimination policy in the form appended as Exhibit B, which shall be reviewed by all its employees in the course of Labor Ready's anti-discrimination training.
12. The effective date of this Decree shall be its date of entry as an order of the Court.
13. This Decree will remain in effect for two (2) years from the date it is signed by the Court.
14. Nothing in this Decree shall be construed to preclude the EEOC from enforcing this Decree in the event that Labor Ready fails to perform the promises and representations contained herein. The Court shall retain jurisdiction over any such enforcement proceedings during the duration of this Consent Decree.
5

15. The Parties agree to bear their own attorneys' fees and costs associated
with this case.
J..3 k.p ~. SO ORDERED, ADJUDGED AND AGREED this 'fay of
EQUAL EMPLOYMENT OPPORTUNITY
U:~~
Elizabefu Grossman Regional Attorney

New York District Office 33 Whitehall Street, 5th Floor

New Yorkt NY 10004-2112

Phone:

(212) 336-3694

Fax::

(212) 336-3623

_

......... ----------~

6

EXHIBIT A

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New York District Office 33 Whitehall Street, 11th Floor New York, New York 10004-2112 Telephone: (212) 336-3620 TDD: (212) 336-3622 General FAX: (212) 336-3625
NOTICE TO EMPLOYEES OF LABOR READY
This notice is being posted pursuant to a Consent Decree entered into between Labor Ready and the United States Equal Employment Opportunity Commission ("EEOC"), in resolution of Case No. 05-CV-0645 filed in the Northern District of New York. In that lawsuit, EEOC alleged that Labor Ready violated Title VII of the Civil Rights Act of 1964, as amended, by failing to promote a female employee because of her sex.
Federal law and the Consent Decree prohibit discrimination against any individual because of his or her sex in any and all aspects of the employment relationship, such as pay, promotion, assignments, hours, and any other terms, conditions or privileges of employment.
Federal law also prohibits retaliation against any individual by an employer because the individual complains of discrimination, cooperates with the government's investigation of a charge of discrimination, participates as a witness or potential witness in litigation, or otherwise exercises his or her rights under the law.
Should you have any complaints of discrimination, you may contact the
Equal Employment Opportunity Commission 6 Fountain Plaza, Suite 350 Buffalo, New York 14202 (800) 669-4000
THIS IS AN OFFICIAL NOTICE AND SHALL NOT BE DEFACED BY ANYONE
This notice must remain posted until two (2) years from the date of posting and may not be altered, defaced or covered by any other matedal.

EXHIBITB

Labor Ready Employee Handbook

Page 1 of 1

~ EQUAL EMPLOYMENT OPPORTUNITY
Labor Ready Is committed to providing equal employment opportunity for all persons regardless of race, color, gender,
creed. religion, age, marital or family status, national origin, citizenship, mental or physical disabilities, veteran status, ancestry. citizenship, HIV or AIDS, sexual orientation, on-thErJob-lnjurles, or the assertion of any other legally enforceable rights.
Equal opportunity extends to all aspects of the employment relationship, Including hiring, transfers, promotions, training, termination, working conditions, compensation, benefits, and other terms and conditions of employmenl
Labor Ready complies with federal and state equal employment opportunity laws and strives to keep the workplace free from all forma of illegal harassmentldlscrlmlnatfon, Including sexual harassmenl Labor Ready considers Illegal
harassmentldlscrimlnation In all forms to be a serious offense.
Employees who believe that they have been subject to prohibited discrimination or harassment should Immediately report the Incldant to the Labor Ready CareLina toll free at (888) 843-4360, or any member of Labor Ready management.
For the complete harassment/discrimination reporting polley, see page 13 o( this handbook.
Labor Ready ensures that employees following this complaint procedure are protected against llIegsl retaliation.
Generally, any reported violations of EEO law or this policy are Investigated. Employees found to have engaged In discriminatory conduct or harassment may be subject to immediate disciplinary actlon, up to and Including possible
termination.

....- - - --~---.-

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Labor Ready Employee Handbook

Page 1 ofl

.. AMERICANS WITH DISABILITIES ACT Labor Ready offers equal employment opportunities for qualified Individuals who may have a physical or mental disability,
but are still able to perform the essential functions of the job, with or without reasonable accommodation.
Reasonable accommodation may be available to employees and applicants, as long as the accommodation does not cause
undue hardship on the organization.
Individuals who may have a disability should dlacu.s their need for possible accommodation wIth their suparvlaor, manager or the Human Resource Department. You may be asked to have your doctor assist us In determIning reasonable accommodations.

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Labor Ready Employee Handbook

Page 10fl

~ HARASSMENT/DISCRIMINATION
Labor Ready will not tolerate conduct by any employe. (or non employee) that harass.., disrupts, or Interfere. with another's work performance or which createa an Intimidating, offensive, or hoatll. working environment baaed upon their membership In a protected clus.
We want to maintain a working environment free from all forms of harassment, whether based upon race, gender, color, religion, ancestry, national origin, age, marital or family status, veteran status. physical or mental dlsabUlUes, on-the-job Injuries, citizenship, HIV or AIDS. sexual orientation or the assertion of any other legally enforceable rlghts.
Behavior such as telling ethnIc jokes, making religious slurs, using offensIve "slang" or other derogatory terms denoting a
person's race, age. national origin, dIsability, or mimicking one's speech, accent or disability, are examples of prohibited
conduct and will not be tolerated In our organization. Retaliating against or harasalng Individuals by making derogatory comments regarding protected statuses or characteristics and any other words or conduct that might create a hostile or
offensive working abnosphere are also prohibited.
While all forma of harassment are prohibited, It Is our policy to emphasize that sexual harassment Is Ipeclflcally prohibited. The following may be considered examples of sexual harassment:
If submission to the conduct Is In any way deemed to be a term or condition of employment; If submission to, or rejection of, the conduct is used as the basis for any employment-related decIsions; If the conduct has the purpose or effect of unreasonably Interfering with an Indlviduats work performance, or creating an Intimidating, hostile or offensive work environment.
Sexual harassment may consist of unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature. Conduct such as sexual or sexist language. jokes or Innuendo; nude, profane, or obscene cartoons, drawings or photographs; whistling, staring, ineppropriate touching, hugging or kissing Is strictly prohibited and are not tolerated at Labor Ready. Men and woman can be subjected to sexual harassment and the harasser does not have to be of the opposite gender.
Each employ•• has a responsibility to maintain the workplace free from any form of sexual harassment. No
manager/supervisor shall threaten or Insinuate, either expllclUy or Implicitly, that an employee's refusal to submit to sexual
advances will adversely affect the employee's employment, evaluation. wages. advancement, assigned duties. shifts, or any other condition of employment or career development. Sexually harassing conduct In the workplace, whether committed by managers/supervisors, non-managerial employees or outside Individuals (vendors, customers, etc.) Is prohibited.
This policy covers conduct In the workplace. at social functions sponsored by the organization (such as holiday dinners, picnics, sporting events, etc.). and business functions (such as conventions, trade shows. etc.).

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Labor Ready Employee Handbook

Page lofl

~ HARASSMENT/DISCRIMINATION REPORTING PROCEDURE Labor Ready does not tolerate harassment or discrimination:
• By anyone in a Labor Ready Branch, Including per-diem or temporary employees; • By another Labor Ready employee, supervIsor or manager,
• By anyone at a customer'a Job site or any of our customer's employees, supervisors or managers;
• By filing a customer's order; or • By making dispatch or employment decisions.
Employees are required to Immediately report any harassment or discrimination to the Labor Ready CareUne (toll free) at 888-843-4360 or any member of Labor Ready management.
Employees are required to report harassment or discrimination when:
• Any employee believes that he/she haa auffered harassment or discrimination; • Any employee (Including per-diem or temporary workers) reports harassment or discrimination to you; • Any employee (including per-dlem or temporary workers) rsports that they witnessed another employee being
harassed or discriminated agalnat; • If a customer makes a discriminatory request; or • Any employee balleves that he/she has suffered Illegal retaliation for reporting harassment or diScrimination.
Labor Ready has a policy of ensuring that employees who report harassment or discrimination will not be subject to illegal retaliation. However, Intentionally false reports may subject the employee to disciplinary action. Any employee who believes that he or she Is being retaliated against for reporting harassment or discrimination should Immedletely report the retaliation following the above reporting procedures.
Labor Ready also makes a reasonable effort to keep the report confidential and tells others only on a "need to know" basis.
Labor Ready treats each report on a case-by-case basis, but we generally conduct an Investigation into the report and take prompt and corrective action If needed to stop the harassment or discrimination.

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Labor Ready Employee Handbook

Page 1 of1

.. EMPLOYEE ACKNOWLEDGMENT FORM
The Employee Handbook is designed to provide Important Information about this organization. I accept responsibility for familiarizing myself with the Information In this Handbook and will seek guidance, verification, or clarification of Us terms where nece&&ary.
I acknowledge that the management of Labor Ready reserves the right, to change, revise or eliminate any of the policies andlor benefits described in this Handbook. I also understand that I will be notified of any future changes made by Labor Ready with respect to Its pOlicies, procedures, or programs and that any future changes will supersede, modify, or eliminate the policies, procedures, or programs outlined In this Handbook.
I understand that the mention of a range of possible disciplinary action for speclflc types of misconduct is for purposes of illustration only and does not constitute a contract or a promise of specific treatment In any specific situation.
I undorstand that Labor Ready 18 committed to a hara.sment·free workplace, and therefore has a "no·tolerance" policy when It comes to harasament based on any protected status. I have read and' understand the harassment and/dlscrlmlnatlon reporting procedure.

IMPORTANTI

AT-WILL STATEMENT

IMPORTANTt

I acknowledge that this Handbook Is neither a contract of employment nor a legal doeument and nothing In the

Handbook craates an express or Implied contract of employment. I acknowledge that my employment with Labor Ready Is an "at·wlll" relationship that has no specific duration. This means that I can resign my

employment at any time, with or without reason or advance notice, and that Labor Ready has the right to

terminate my employment at any time, with or without reason or advance notice.

With my signature below, I acknowledge that I have received the Handbook, and that It is my responsibility to read
and understand the policies contained In this Handbook and any future revisions made to It. I also acknowledge
that I have read Labor Ready's vacation policy and I authorize Labor Ready the deduction of any advanced vacation time from my final paycheck, If any. Fax to: 877·877·9808.

Employee Signature Date Employee's Name (Typed or Printed)

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Labor Ready Intranet - Code of Business Conduct and Ethics

Page 1 of5

Departments

Information

rn Good Mornlngl

Tools

News

Thuraday, February 2
User: Danl Coval
ILc

My LaborReady
Contact Info Commlallona Branch Ops Manual Captura Expense Cerldlan EKpense Conduct & Ethics Credit Requeste Employee Handbook EKternal Links Health Plan Document. Mission & Values My Information [81 Online Training Order Supplies Spirit of Excellence Suggeation Box Tax Forms Time Clock Workers' Compo Manuals· Sliver Plume
• • • ......7 ,a- Y~~
employer of choice
2008 Goal
Sustained Company Growth
2006 Kev Inltletives 1. Customer Growth T.CmployeeGrowur 3. Temporary Worker Growth

~ Code of Business Conduct and Ethics
Click Here to view a printable copy.
Conduct and Ethics 1-8elect a Sactlon-
The Board of Directors of Labor Ready, Inc. has adopted this Code of Business Conduct and Ethics for aU directors, officers and employees of Labor Ready, Inc. and Its subsidiaries and affiliates.
While there cannot be a specific rule for every situation we may encounter In our workday, the Company has adopted this Code to provide a basic guideline for business conduct This Code supplements, but does not replace, the Labor Ready Employee Handbook. Employees are alt expected to be familiar with and comply with the Company's various policies and procedures, and meet the highest ethical standards in all of our business dealings.
Each of us has an obligation not only to abide by this Code, but also to report any violations to the Employee Careline (toll free(888-843-4360) or to the Company's General Counsel.
Confllela of Intarnt 0
Employees must always conduct business free of actual or potential conflicts of Interest A ·conflict of Interesr occurs when an Individual's private interests interfere In any way - or ever appears to Interfere - with the Interests of the Company as a whole. A conflict situation can
arise when an employee takes actions or has Interests that may make It diffICult to perform his
or her work for the Company objectively and effectively. Conflicts may arise when an employe or an employee's family member receives Improper personal benefits as a result of the employee's poSition with the Compeny.
CO[PP[Jtt Opportunities & Duty of Loyalty 0
Each employee hes a duty of loyalty to the Company. This means that we will promote the
Company's legitimate interests wherever we see the opportunity. Employees should not compate with the Company, use their position or the Company's name, property, Information (
goodwill for personal gain or for the gain of others, or take for themselves personal opportunIlles discovered by virtue of their employment
E[lud.Ibatt or Dishonesty 0
ActJ& of fraud, theft, dishonesty, embezzlement, misappropriation or falsIfIcation will not be tolerated and will be reported to the applicable law enforcement agency.

Accepting o[ Glylng Gifts 0
Avoid activities or relationships that create an appearance of Impropriety, such as:
• Accepting gifts of more than nominal value, or entertainment that Is more than a routln social amenity.
• Accepting or soliciting a gift or favor that Is Intended, or might appear, to Influence one
decisions. • Offering or paying, directly or indirectly, any "bribe" or -kickback" or other payment of
anything of value to any person for the purpose of influenclng,obtalning or rewarding

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Labor Ready Intranet. Code ofBusiness Conduct and Ethics
any favorable action.

Page 2 of5

Insider Trading 0
Insider trading Is Illegal and unethical. Generally, insider trading means that directors, employees and their family members may not trade Labor Ready stock based upon material, non-public Information.
Material, non-public Information means (a)there is a substantial likelihood that a reasonable
Investor would consider the Information Important In deciding whether to buy or sell stock, and (b)the general public has not been made aware of the Information. Chances are, If a person learns something that leads them to want to buy or sen stock, the Information wDi be conslderE material. Some examples of material Information Include: annual or quarterly financial results, change In earnings projections, unexpected or unusual gains or losses In major operations, significant changes In prices, customers or suppliers, major developments In litigation or regulatory matters and significant management changes.
Other prohibited activities Include:
• Providing material, non-public Information to family members, friends, former coworkers or other acquaintances ("tIpping").
• Trading company stock In violation of blackout period restrictions. • Posting any Information about the Company on Internet bulletin boards or chat rooms. • Assisting another who Is engaged In any such actlvHles.
a. aware that this policy not only appll•• to you, but allo to your family membel1l. You
should Inform them of this polley. Violations will not be tolerated and may result In termination of employment as well as civil an criminal liability.

Compliance with Lawa Bagylatlonl and Bylaa 0
Employees are expected to obey and comply with all applicable laws and regulations that Impact our buslness, Including laws governing employment, Immigration, labor relations, safet
securities and corporate governance. In addition, all employees are expected to be familiar wit
and comply with the Company's various pollcles and procedures.

Fair Pilling 0
Each employee Is expected to deal fairly with the Company's customers, suppliers, competitol and other employees. An employee should not take unfair advantage of anyone through manipulation, concealment, abuse of confidential Information, falsification, misrepresentation ( material facts or any other unfair dealing practice.

Protection & prQptr Usa of Company Allats 0
It Is Important to protect and ensure the efficient use of the Company's assets and facilities, which should only be used for conducting legitimate Company business. Carelessness and waste of Company assets have a direct Impact on our profitability and must be avoided.

Political participation & Contribytlons 0 An employees are encouraged to participate In our political system by voting, speaking out on
public Issues, and becoming active In civic and pOlitical activities. However, employees should
not make any direct or indirect contribution of cash, services or other property on behalf of the Company to any candidate for public office, or to any poUtical party or other political
organization, except as provided by Company polley and the Labor Ready Political Action
Committee.

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Labor Ready Intranet - Code of Business Conduct and Ethics

Page 30rS

Confidentiality 0
Employees must keep any non-public proprietary Information confidentiaL Examples of such proprietary Information Include such things 8S: CU&tomer or prospect lists; cost, price, billing ar profit Information and methodology; customer service and supply preferences or requirements contracts: and employee Information.
All materials, products, deSigns, plans, Ideas, and data developed In the course of employmer
are the property of the Company and should never be given to an outside firm or Individual
without the appropriate authorization.

Accounting & Btcordkaaplng 0
It Is our policy to fully and fairly disclose the Company's financial condition In compliance with applicable accounting principles and regulations. Many employees of the Company, not Just accountants and conttollers, participate In the financial control and reporting processes of the Company. If you have any responsibility for any aspect of the Company's record keeping or th preparation of the Company's flnanclal statements or other reports, you must 8ee to It that complete and accurate books and records are maintained.
No employee may subvert the Company's established systems of Internal accounting controls maintain funds or assets for any Illegal or Improper purposes or make false or misleading statements In any Company documents, reports or records. No undisclosed or unrecorded accounts may be established using the Company's funds or other assets.
All accounting records and the flnanclal reports produced from those records must be kept ani presented In accordance with appliceble law, must accurately and fairly reflect In reasonable detail the Company's assets. liabilities, revenues and expenses, and must be In accordance with generally accepted accounting principles. All transactions must be supported by accurate and reasonably detailed documentation, and recorded In the proper account and accounting tlme period. To the extent that estimates ere necessary, they must be based on good faith Judgment and supported by appropriate documentation. No payment or the related accounting entry may be approved or made with the Intention or understanding that any part of the payment will be used for any purpose other than that described by the document supporting It entry or payment.
If you receive Inquiries from the Company's Internal auditors or Independent accountants, you must respond promptly. fully and accuretely. If you have any questlons. concems or complaint about accounting or auditing matters, contact labor Ready's General Counsel. Your complain will be forwarded to the Audit Committee of the Board of Directors. To the extent prectlcal, the Identity of anyone who reports a suspected violation or who partiCipates In the Investigation wi be kept confidential.

EmplQ)/al Health & Safaty 0
Labor Ready's motto Is "When In doubt -Safety wins outJ» We believe that no job Is so Importa and no service Is so urgent, that we cennot take time to ensure the work is performed as safel as possible. It Is our polley to prevent accidents end comply with applicable safety regulations. If accidents do occur, we are committed to helping our inlured employees return to productive
work.

Our company has aCJop1eCtlnInJoryarrctllln~reventron-Program1hatlHltablllJl'lwgUldelmr-------·-

for each of us to en8ure a safe and healthy workplace for all employees. Every member of the

:

Labor Ready team must commit to the success of our safety program, and be responsible for

- - - ---------;;cr~e..a.""Ung....-.a·Cllmate In WfjICh everyone snares a concern for1fIesafatvotthemaelv98 and thmr----

co-workers.

https://intranet.laborready.com/home/ethics.asp

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Labor Ready Intranet - Code of Business Conduct and Ethics

Page 4 of5

HaMII""nt or Discrimination 0
We want to maintain a working environment free from all forms of harassment, whether based upon race, gender, color, religion, ancestry, national Origin, age, marital or family status, veteran status, physical or mental disabilities, on-the-job InJuries, citizenship, HIV or AIDS, sexual orientation, union affiliation or the assertion of any other legally enforceable rights.
Labor Ready does not tolerate harassment or discrimination:
• By anyone In a Labor Ready branch, Including temporary employees; • By another Labor Ready employee, supervisor or manager, • By anyone at a customer's Job site or any of our customers' employees, supervisors or
managers; • By filling a customer's order; or • In making dispatch or employment decisions.
Employees are required to Immediately report harassment or discrimination to the Labor Reae CareLine (toll-free at 888-843-4360)when:
• Ally employee believes that he or she has suffered harassment or dIscrimination: • Any employee (Including temporary workers) reports harassment or discrimination; or • A customer makes a discriminatory request.
Retaliation against anyone who, In good faith, reports a possible Violation of any law or Company policy Is expressly forbidden.

Compllanc. wltb tb, Cod. of Condyct 0
All employees have a rasponslbility to understand and follow this Code of Business Conduct . and Ethics. In addition, all employees are expected to perform their work with honesty and
Integrity In any areas not specifically addresaed by this Code. ThIs Code supplements, but dOl not replece, the Labor Ready Employee Handbook. A violation of this Code may result In appropriate disciplinary action Including the possible termination of employment.
The Company strongly encourages dialogue among employees and their supervisors to make
everyone aware of situations that give rise to ethical questions and to articulate acceptable
ways of handling those situations. In addition, each officer and supervisor has an obligation to annually certify that he or she has reviewed this Code with his or her subordinates, and every employee must certify that he or she has read this Code and to the best of his or her knowledge Is In compliance with all Its provisions.
The Board of Directors of Labor Ready, Inc. has the exclusive responsibility for the flnal Interpretation of this Code. This Code may be revised at any time by the Board of Directors.

Reporting Suspected Non-Gompllanca 0
NotIfication of Complaint -Information about violations of this Code must be Immediately
__~~______ __ _ _ _ _ _ _ _--Teported to the EmployBe-CareLlna{toIUree 888-843.436O}-or to the GeneraLCounselrl,.a..so---
appropriate. Failure to report a violation is Itself a violation of this Code.
Investigation - Reports of violations will be investigated as appropriate. Employees are expected to cooperate In the Investigation of reported violations.
Confidentiality. To the extent practical and appropriate under the circumstances to protect thE
privacy of the persons Involved, the Identity of anyone who reports a suspected violation or participates In an Investigation will be kept confidential.
Protection Against Retaliation - RetaUation In any form against an Individual who in good faith reports a vlolaUon of this Coda of Conduct or of law, even If the report Is mistaken, or who assists In the Investigation of a reported violation, Is Itself a serious violation of this policy. Acts of retaliation should be reported immediately and will be disciplined approprlately.

https:llintranet.laborready.comlhomelethics.asp

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Labor Ready Intranet - Code of Business Conduct and Ethics

Page 5 of5

Waiver· The provisions of this Code may only be waived by the President &Chlef Executive OffIcer of Labor Ready, Inc. or, In the case of corporate and subsidiary directors and employees, by the Labor Reedy, Inc. Board of Directors. Waivers shall be reported to the Boa
of Directors no later than Its next meeting.

Acknowltclgment 0
Please Indicate that you have received, read and will abide by this statement of policy by
Signing your name and dating the attached acknowledgment and returning It promptly to your
supervisor.

I certify that I have received and read and will abide by the Labor Ready Code of Business

Conduct and Ethics distributed to me on

20._ __

(signature)

(print your name)

(date) INFOREAOY

LA80RREAOY
Comments I All Rights Re8erved

Careers

Locations

Forms

Email

https:llintranet.laborready.com/home/ethics.asp

2/23/2006

xvn. Harassment and Discrimination
Labor Ready does not tolerate workplace harassment or discrimination in our branches, at our headquarters, in dispatch or at a customer's job site. Harassment and discrimination violates an individual's fundamental rights and personal dignity. Harassment and discrimination undermines Labor Ready's deep commitment to our system, which is based on merit, intellectual excellence and job performance. Labor Ready considers
discrimination and harassment in all forms to be a serious offense.
Sexual Harassment. Harassment and Discrimination "Discrimination" can be a making ajob related decision based on a person's:
• Race • Color • National Origin • Citizenship • Gender • Sexual Orientation • Marital or Family Status • Pregnancy • Disability • HIV Status • Weight • Religion • Age • Veteran's Status • Making a complaint of discrimination or participating in an investigation • Or any other protected class
"Discrimination in Dispatch" can include filling a customer's order based upon any of the above categories. For example, a customer request for "men only" or "English speakingonly" can be discriminatory. It can also be discriminatory for a dissatisfied customer to send a temporary employee back to Labor Ready or to give less favorable job assignments to employees based upon the above categories.
"Harassment" can be unwanted and offensive conduct, based on any of the above categories, that causes an intimidating or hostile working environment.
"Sexual Harassment" can be sexually oriented conduct that interferes with job performance or makes an intimidating or hostile working environment. Sexual Harassment can involve males or females being harassed by members of either sex. Examples of Sexual Harassment are:
• Promising a reward if the employee complies with a sexually-oriented request or favors
• Threatening to retaliate or denying ajob opportunity if the employee refuses to comply with a sexually-oriented request or favors
• Making unwanted sexual physical contact or touching

• Making unwanted sexual or romantic advances • Using sexual language or profanity • Sexual pictures or jokes • Giving preferential treatment (good shifts, promotions or pay increase) in
exchange for sexual favors • Repeatedly asking a person out on dates • Telling lies or spreading rumors about a person's sex life
• Making sexual gestures • Looking a person up and down • Making sexual comments about a person's clothing, anatomy or physical
attributes

"Racial Harassment" can be a hostile or offensive work environment based upon things like racial slurs, ethnic jokes or profanity.

Labor Ready does not tolerate discrimination or harassment:
• By anyone in a Labor Ready Branch
• By another Labor Ready employee, supervisor or manager • By anyone at a customer's job site • By any of the customer's employees, supervisors or managers
• By filling a customer's order • By making dispatch decisions

You might receive a complaint of harassment or dlserlmlnation from a temporary worker or a branch employee as part of your Job at Labor Ready. For example:
• If a temporary worker or a branch employee tells you that they have been discriminated against or harassed in a branch or at a customer's job site;
• If a temporary worker or a branch employee tells you that they witnessed another worker or employee being discriminated-against or harassed;
• If you have reason to believe that a temporary worker or an employee is suffering from harassment or discrimination; or
• If a customer makes a discriminatory request or sends employees back based upon a protected category

________

What are you supposed to do If you receive a complaint of harassment or
discrimination? 1. You should keep the report confidential - tell others only on a need to know
basis; __ 2. Have the person who is complaining fill-out a Harassment or Discrimination
Report Form. The form is located on your desktop under the "Legal Forms" icon - it is called "HDIrpt." The form is also located on the Labor Ready's intranet under the following categories Oepts/HR /Employee RelationsIForms 3. Immediately fax the report to # 253-207-5226 promptly follow up with a phone call to confirm receipt with any Employee Relations Team Member.

--- -------------------------------------
101

for promotion, treating the employee differently, a demotion, a pay cut or tennination. Some suggestions to prevent retaliation:
• Make sure branch employees know that they can call the Employee Relations Department or the CareLine without suffering any kind of retaliation.
• Treat employees equally and fairly. Avoid favoritism. • Discipline employees equally and fairly. Document discipline consistently. • Don't put employees who have complained under a microscope or hold them to a
higher standard than those who have not complained.
<C 1997-2005 Labor Ready, Inc. Unauthorized use is expressly forbidden. No part of this Manual may be reprinted without Labor Ready's written pennission. Revised - 07-05

- - - ---~~----~~--

~~-~~

~--

103

 
 CM/ECF LIVE - U.S. District Court - NYND - Docket Report

https://ecf.nynd.uscourts.gov/cgi-bin/DktRpt.pl?348523633702945-L_3...

ADR, CLOSED
U.S. District Court Northern District of New York - Main Office (Syracuse) [LIVE - Version 3.0.3] (Binghamton)
CIVIL DOCKET FOR CASE #: 3:05-cv-00645-TJM-DEP

Equal Employment Opportunity Commission v. Labor Ready Assigned to: Senior Judge Thomas J. McAvoy Referred to: Magistrate Judge David E. Peebles Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 05/26/2005 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 Michael J. O'Brien Equal Employment Opportunity Commission - NY 33 Whitehall Street 5th Floor New York, NY 10004 212-336-3694 Fax: 212-336-3623 Email: michael.obrien@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Labor Ready

represented by Maral N. Kazanjian Morgan, Lewis Law Firm - New York Office 101 Park Avenue New York, NY 10178 212-209-6040 Fax: 212-309-6001 Email: mkazanjian@morganlewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed
05/26/2005 05/26/2005 05/26/2005

#

Docket Text

1 COMPLAINT against Labor Ready filed by Equal Employment Opportunity Commission.(pta, ) (Entered: 05/26/2005)
Summons Issued as to Labor Ready. (pta, ) (Entered: 05/26/2005)
2 G.O. 25 FILING ORDER ISSUED Initial Conference set for 10/6/2005 at 10:00 AM in Binghamton before Magistrate Judge David E. Peebles. Civil Case Management Plan due by 9/26/2005. (pta, ) (Entered: 05/26/2005)

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https://ecf.nynd.uscourts.gov/cgi-bin/DktRpt.pl?348523633702945-L_3...

08/11/2005
09/02/2005 09/22/2005 10/03/2005 10/03/2005 10/04/2005 10/17/2005 10/19/2005
11/16/2005 11/17/2005 12/23/2005 12/27/2005 01/30/2006

NOTICE of Hearing: A Rule 16 Conference was scheduled in this case for 10/6/05 at 10:00 AM in Binghamton, however, this date was incorrectly set since this is a Thursday and Judge Peebles holds his Binghamton Rule 16's on the 1st and 3rd Friday of each month. Thus, the Rule 16 Conference has been rescheduled for 10/21/2005 at 12:00 PM in Binghamton before Magistrate Judge David E. Peebles. The Civil Case Management Plan is due 10 days prior to this conference date. Plaintiff's counsel is directed to notify defendant's counsel of this date and time once they have appeared in this action. (sal, ) (Entered: 08/11/2005)
3 STATUS REPORT on 60-day service requirement by Equal Employment Opportunity Commission. (O'Brien, Michael) (Entered: 09/02/2005)
4 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Labor Ready waiver sent on 8/4/2005, answer due 10/3/2005. (O'Brien, Michael) (Entered: 09/22/2005)
5 Letter Motion from Labor Ready for Labor Ready requesting Extension of Time to Answer submitted to Judge McAvoy. (Kazanjian, Maral) (Entered: 10/03/2005)
6 CERTIFICATE OF SERVICE by Labor Ready re 5 Letter Motion from Labor Ready for Labor Ready requesting Extension of Time to Answer submitted to Judge McAvoy (Kazanjian, Maral) (Entered: 10/03/2005)
7 LETTER REQUEST AND ORDER: dtd 9/29/05 by Maral N. Kazanjian, Esq. requesting to extend the answer deadline to 10/17/2005; request granted. Signed by Judge David E. Peebles on 10/4/05. (dmf) (Entered: 10/04/2005)
8 Letter Motion from Labor Ready for Labor Ready requesting Extension of Time submitted to Judge McAvoy. (Kazanjian, Maral) (Entered: 10/17/2005)
9 COURT LETTER ORDER granting deft's 8 letter request dtd 10/17/05 for ext/time to finalize settlement; final settlement papers t/b submitted w/in 30 days from date/order. In event settlement papers not submitted as directed herein, then the Clerk shall enter judgment dismissing action by reason of settlement. PT conf s/f 10/21/05 bef MJ Peebles has been adjourned w/out date; Signed by Judge Thomas J. McAvoy dtd 10/19/05 (cml) (Entered: 10/19/2005)
10 Letter Motion from EEOC for Equal Employment Opportunity Commission requesting Additional Time to Reach Settlement submitted to Judge McAvoy. (O'Brien, Michael) (Entered: 11/16/2005)
11 ORDER granting 10 Letter Request for a 30 day extension to file settlement papers . Signed by Judge Thomas J. McAvoy on 11/17/05. (amt, ) (Entered: 11/17/2005)
12 2ND Letter Motion from EEOC for Equal Employment Opportunity Commission requesting EXTENSION OF TIME TO REACH SETTLEMENT submitted to Judge MCAVOY. (O'Brien, Michael) (Entered: 12/23/2005)
13 ORDER granting 12 Letter Request and directing final settlement papers be filed on or before January 30, 2006 . Signed by Judge Thomas J. McAvoy on 12/23/05. (amt, ) (Entered: 12/27/2005)
14 Third Letter Motion from EEOC for Equal Employment Opportunity Commission requesting Extension of Time to File Consent Decree submitted to Judge McAvoy. (O'Brien, Michael) (Entered: 01/30/2006)

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01/31/2006
02/28/2006 03/02/2006

15 ENDORSED ORDER granting pltf's 14 Letter Request for an ext/time to finalize settlement is GRANTED; final settlement papers are t/b submitted on or before 2/28/06 - FINAL EXTENSION. In event settlement papers have not been submitted as set forth herein, parties will be required to attend a Rule 16 conference before MJ Peebles. Parties reminded that case mgmt plan n/t/b filed in advance of conf date; and, resetting Civil Case Management Plan due by 3/7/2006; and, resetting Initial Rule 16 Conference for 3/17/2006 at 11:00 AM in Binghamton, NY before Magistrate Judge David E. Peebles; Signed by Judge Thomas J. McAvoy dtd 1/31/06 (cml) (Entered: 01/31/2006)
16 Letter Motion from EEOC for Equal Employment Opportunity Commission requesting Approval of Consent Decree submitted to Judge McAvoy. (Attachments: # 1 Proposed Order/Judgment Consent Decree Resolving Litigation)(O'Brien, Michael) (Entered: 02/28/2006)
17 CONSENT DECREE. Signed by Judge Thomas J. McAvoy on 3/2/06. (amt, ) (Entered: 03/02/2006)

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06/06/2007 12:59:13

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3:05-cv-00645-TJM-DEP

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