2004 WL 2976958 (W.D.Wash.) (Cite as: 2004 WL 2976958)

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For Dockets See 2:04cv01792
United States District Court, W.D. Washington. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v. SOUND PARKING, INCORPORATED, Defendant.
No. 04CV01792. 2004.
Jury Trial Demand
Complaint A. Luis Lucero, Jr. Regional Attorney, John F. Stanley, Acting Supervisory Trial Attorney, Lisa Cox Trial Attorney, A. Luis Lucero, Jr., Equal Employment Opportunity, Commission, Seattle District Office, 909 First Avenue, Suite 400, Seattle, Washington 98104, Telephone (206) 220-6896Eric S. Dreiband General Counsel, James L. LEE, Deputy General Counsel, Gwendolyn Young Reams Associate General Counsel, Equal Employment Opportunity, Commission, Office of the General Counsel, 1801 “l” Street, N.W., Washington, D.C. 20507, Attorneys for Plaintiff
NATURE OF THE ACTION
This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civill Rights Act of 1991 to correct unlawful employment practices on the basis of retaliation and to provide appropriate relief to Omar Hashi (“Mr. Hashi”). The Equal Employment Opportunity Commission alleges that defendant discharged Mr. Hashi in retaliation for his opposition to conduct he reasonably believed to be discriminatory. Plaintiff seeks monetary relief, including pecuniary and nonpecuniary compensatory and punitive damages, and injunctive relief, on behalf of Mr. Hashi.
JURISDICTION AND VENUE
1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. sections 2000e-5(f)(1) and (3) (“Title VII”), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Washington at Seattle.
PARTIES
3. Plaintiff, the Equal Employment Opportunity Commission (the “Commission”), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action
© 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.

2004 WL 2976958 (W.D.Wash.) (Cite as: 2004 WL 2976958)

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by Section 706(f)(1) of Title VII, 42 U.S.C. § 2000e-5(f)(1).
4. At all relevant times, defendant Sound Parking, Incorporated (“Sound Parking”) has been a corporation continuously doing business in the State of Washington and has continuously had at least 15 employees.
5. At all relevant times, defendant Sound Parking has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS
6. More than thirty days prior to the institution of this lawsuit, Mr. Hashi filed a charge with the Commission alleging violations of Title VII by Sound Parking. All conditions precedent to the institution of this lawsuit have been fulfilled.
7. On or about December 10, 2002, defendant engaged in unlawful employment practices at one of its Seattle, Washington facilities in violation of §§ 704(a) of Title VII, 42 U.S.C. §§ 2000e-3(a), by discharging Mr. Hashi immediately after he opposed his supervisor's use of a racially derogatory epithet.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Mr. Hashi of equal employment opportunities and otherwise adversely affect his status as an employee.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to Mr. Hashi's federally protected rights.
PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining defendant, its officers, successors, agents, assigns, and all persons in active concert or participation with it, from engaging in any retaliatory employment practices.
B. Order defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for all employees, and which eradicate the effects of its past and present unlawful employment practices.
C. Order defendant to make whole Mr. Hashi by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
D. Order defendant to make whole Mr. Hashi by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including past and future out-of-pocket expenses, in amounts to be determined at trial.
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E. Order defendant to make whole Mr. Hashi by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including without limitation emotional pain, suffering, and loss of enjoyment of life, in amounts to be determined at trial.
F. Order defendant to pay Mr. Hashi punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. SOUND PARKING, INCORPORATED, Defendant. 2004 WL 2976958 (W.D.Wash.)
END OF DOCUMENT

© 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.

 
 Honorable Robert S. Lasnik

2

3

4

111111111111111111111111111111111111111111111

5

11111111111111111111111111111111111

6

04-CV-0I792-RPT

7

R

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WASHINGTON

9

AT SEATTLE

10 EQUAL EMPWYMENT OPPORTUNITY COMMISSION,

! CASE NO. CV4-I792L

II

)

Plaintiff, 12
v_

) CONSENT DECREE AND ) [pnOI'O~"'-I;)J ORDER
)

13
SOUND PARKING, INC., 14
[)efendant.

!

15 -------------------------)

16

I, INTRODUCTION

17

1. This acliul1 ongmaled w-ith a charge {)f employment discrimination that Omat

IS

Hashi filed with the Equal Employment Oppmtunity Commission ("the Commission" Or

19

"EEOC") on September 12, 2003. The charge alleged that Sound ParkinK Inc. ("the company")

20

harassed Mr. Hashi because of his race, and tenninated him in retaliation fbr his complaint of

21
vn dist.TImination, in violaticm of-ritle of the Civil Right.. Act of 1964, 42 U.s,c. § 2000e

22

("Title VIr'). EEOC found reasonable cause to believe the charge tn be true and so issued an

23

adminislralive finding em both issues.

24

2_

Following the issuance of a Letter of Determination and the failure of conciliation

25

cflorts, the Commission filed a lawsuit under Title VII again.<;t the company on August 17, 2004.
26

27
28
CONSENT DECREE· PAGE 1

u.s. EQUAL EMI'LOl'MI:NT 01'1'OllTIJNITV COMMISSION
S.aU]. VI'lrkl OrIlce ~~? F'BI 1\"",<; ~""<400
S<,mo, W.wnS"" 9!IG;-I(I61
T.I'I'h.u..'(lllr,)~~~ F;."""rlll" (2~~l2'l(\-Q?LL n'v (l{~,) j1l'-I."",

1 TIle EEOC's lawsuit alleges only retaliatory termination. The cmnpany denies the EEOC's

2 allegations.

3

3. The parties want to conclude the claims arjsing out of the charges, the

4 Commission' s det.enninations with regard to the charges, .and the lawsuit arising from thl!

5 charges, without expanding further resources in COlJteslcd lirigation.

6 II. NONADMISSJON OF LI!\I!ILIU' AND NON DETERMINATION BY THE COURT

7

4. This consent decree is Dol an adjudication or finding on the merits of this casco and

8 shaH not be cOl1~(rued as an aUll1issioli by C11t'l company of a violation of any law.

9

III. SE'ITLEMENT SCOPE

10

s.

This consent decree is the final and complete resolution of all allegariom. of

11 unlawful employment practices included in the charge, in the Commission's Letter ()f

12 Determination, and in the Commiss"ion's complaint, including all claims fur attorney fees and

13 costs. The injunctive reliefprQvisions of this consent decree apply to all of the company's

14 facilities in the state of Washington,

IS

IV. MONETARY RELIEF

16

6. In setUcment of this suit, the company agrees to pay a total of$57,500.00 to Mr.

17 Hashi in settlement and satisfaction of aU claims for monetary rcliefwhich were: or could have

18 been asserted in the case by him. Payment of settlement procccd'i to Mr, Ha...hi will be made in

19 the following manner:

20

••

Mr, Hashi will be required to sign a "Settlement Agreement and Release

21

of All Claims" in a fon}) that j5 sat1sfactory to all parties.

22

b. Upon receipt by the company of the executed "Settlement Agreement and

23

Release of All Claims," the company shall issue a check for the above mentioned

24

amount, repre.senting gcneml damagcli'_ TIlis check shall be made payable to;

25

MacDonald Hoague and Bayless in TJUst for Omar Hashi. The Company will

26

also timely i!}sue to MacDonald Hoaguc and Bayless a Form 1099 for tax

27
28
CONSENT DECREE - pAGE 2

U.S. E.QU4L EIltt-LOYIltI.NT op~aRTu",nv COIliMISSION
~,.111. [l1".lot Offl •• gil!' Fin' M,..... Sub. 400 S.'''II;, w"'IIin~I~" "~I(H·IQt,1 'l"<lcpll<l<...: (2C6) ~zl~68"BJ
F....imil.' (lGri}ll(!.I>'Ill I'1'Y (2a~11lD.688l

purposes. Both the check and 1099 shall be delivered to:

2

Jesse Wing

MacDonald Iloage and £3ayless

3

1500 Hoge Building

705 2'vJ Avenue

4

Seattle, Washington 98104

5

V. INJUNCTIVE RELIEF

6

A. General Provisions

7

7. The company reaffIrms its commitment to continue to comply with the

8 requirements ofTitle Vll and all other tcdcrallaws against discrimmation in its employment

9 decisions. To further this commitment, it shall monitor its affirmalive oblig,1tions under this

10 consent decree.

II

8.

The company shall not retaliate against any current or former employee fOT

12 opposing any prnctice made unlawful by Title VII. Nor shall the company retaliate against any

13 current or fanner employee for making a charge or for testifying, assisting, or participating in any

14 investigation, proceeding, or hearing associated with the case.

15

9. The company will expunge from Mr. Hashi's recOTds all TeferEnces to his chaTge of

16 discrimination or to its outcome. The comp.my will confirm dates of employment for .l\r1.r. llashi

17 if requested by a potential employer and will not refer to hi~ chaTge of dis.;;r,imiuatioll,

18

II.

~:stablishment of PolicY.~J!!!.frocedure:\i to Pr(."Vcnt Oi".... rimination

19

10. Within thirty (30) days after eIllI'y of this consent decree, the company shall

20 revise any existing anti-discrimination policy to confonn to the provisions of this consent decree.

21 The EEOC wi II provide proposed language for me company to consider and. shalt approve of the

22 form of the revised policy.

23

II. Within fourteen (14) days after the Commission's approval a (It" revised anti-

24 discrimination policy, as required by,-r 10, above. the company shall dissCtnlnate the policy to all

25 incumbent employees and shall post a copy of the policy on a centrally locai:ed bulletin board, Or

26 other reasonable IO(;iltion; to which all staff at a particular location have aCo2:ss.

27
28
CONSENT DECREE - PAGF. 3

Ul.. EQUA.l i!"'rL"\,ML.~-, IJPpnRn, N. r\' C"MM.M_ION
5"Itle 1II,I.t.I 0111".
"."'.' ';>'>' \10\1 P,,,tA"...... Suito400
""''', w.'''''nll'~n T"I~: (206)220 &&l .""0,..1..-. (~II(,) llll-M'II TIT 1;,l(lfOl 220 6882

1

C. Trainine

2

12. The company win provide at least three hours of employment discrimination

3 training, including training on retaliation issues, annually tor its managers and supervisors.

4 Additionally. the company will provide it training video on EEO topics to aU existing emptoyt:!es

5 and all ncw-hires. Supervisors will then conduct toll{>w~up :;essions with each employee to

6 ensure they understood the material and to answer any questions, The EEOC 'Will provide a list

7 of proposed videos from which the company can choose if it wants.

8

D. Reportln.e

9

13. Six (6) Itlollth5 after entry of this consent decree and every six (6) months fOT the

10 tenn of this consent decree, the compaIly shall provide a report to the Commission on the

11 company's compliance with the consent decree. The compliance report shall include the

12 f~)llowiDg:

13

(a) a summary of complaints of retaliation, if any, in any faeility covered by this

14

consent decree and any resulting internal investigations conducted pursuant to th~

15

company's revised anti-discrimhmlion pollcics during the preceding six~munth

16

period. The report will describe the resolution of each complaint.

17

(b) copies of the attendee lists, evaluations, and materials fi)r all supervisory

18

training required by this consent decree and acknowledgcrnent that all non-

19

supervisory employees have received the video training.

20

If the company has not complied with any t.-:rm offuc consent decree, the company shall

21 pmvidc a statement specifying the an:as of noncomplianc'!:, the reaso[1(s) tor the noncompliance,

22 and the steps taken to bring the company intol.'Umpliance.

23

VI. ENFORCEMENT

24

14. Thc United States District Court fot the Western District (lfWasbingt.on shall

25 retain jurisdiction over this matter tor the duration of the I;om:ent dccree_ If the Commission

26 concludes that the company h~s breached any of the above provisions, it shall gjve the c:ompany

27 28
CONSENT DECREG - PAGE 4

U.S. EQUAL IMP1.IlYMENT O~~6RT1JN,n' COMMI~~16N
5..",. D:htrkl (1m.. 'ffl Finl A..." .. ~uil, 400 S..nl<. W..hiUlion ~~'lW·H.1oS1 T.I~ (2U6) 220-688,
F""in::iJo:: {ZOO) nU..s9JJ rrv\lllll)W).6iijl

•

prompt ""'TitteR notifica.tion of the alleged brc.'u:h, The parlies shall attempt to resolve the dispute

2 for a period not to ~ceed thirty (30) days after the Commission's notification of the alleged

3 breach. If the Commission is unable to resolve the dispute to its satisfacti(Jn~ the Commission

4 may bring an action to enforce this. consent decree.

5

VII. TERMINATION OF· DECREE

6

15. This consent decree shall be in effect for two years commencing with the date lhe

7 Court enters the consent decree. tfthe Commission petitions the Court and the Court finds the

8 company to have violated the terms of the consent dtA:ree, the Court may extend the period of the

9 consent decree and award the Commission its costs in bringing an enforcement action.
10 III 11 III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III

27 28
CONSENl' DECREE - PAGE 5

u.s. EQUAL EMPLO"yM •. " r np/'(}R.TUNITI COMMISSION

""""<' om" S..ttl, Dbtrl<1

~Q~ ~,,~

5ni" 411U

S...n.. W~ nl04-IU6J

T.I"~Im"". (lII6) m·t,iil

F=i..I•. ~l 22~·6911

nor (~Uf,)no.r,~Hl

1

DATED this _. 27~ day of January __ 2005.

2 A. LUIS LUCERO, JR. Regional Attorney
3 JOHN F. STANLEY
4 Acting Supervisory Trial Attorney

ERIC S. DRJEBAND Gcnemi Counsel
JAMES L. LEE Deputy General Counsel

5 LlSACOX

Trial Attorney

6

BY:

Is! A.Luis Lucero. Jr.

7

bQUAL EMPLOYMENT

8 OPPORTUNITY COMMISSION

Seattle District Office

9 909 First Avenue, Suite 400

Seattle, Washington 98104

10 Telephone (206) 220-6890

GWENDOLYN YOUNG RbAMS Associate General Counsel
Oflicc of the General COlDlScl 1801 "Lit Street NW Washington, D.C 20507

1I

Attorneys fur Plaintiff EEOC

12 Dated: January 2511\ 29",0,,5_ __
13 WINTRRBAUER & DIAMOND
14 Kenneth 1. Diamond 1200 Fifth Avenue, Ste. 1900
15 Seattle, WA 98101

16 BY: ~ lsi Kenneth J. Diamoru::l
17
18

Attorneys for Defendant

19

20
21 22 23

24
25 26 27 28
CONS.ENT DECREE -PAGE 6

u,~, V.QUAt EIIIPLO'l'tdMi I' OrFORfUNITV (:OMMISSIOI'I
3•._111< uII'ck, om" ~(J~ F1m A'mIUo, ~"'T' 411U Swill•• W"~ilP"" nlOHQ,l
ToJe.,ho",; (1M) "".i"al l"'coi1l:il<:(W6)llll·('~11 'I"r"'(lOO):w·ti~!.

ORDICR

2

The Court, having considered the foregoing stipulated agreement ofthe partie~> HEREBY

3 ORDERS THAT the f<l!cgoing consent decree be, and the ~amc hereby is, ,~pprovcd af> the tinal

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

~ llATEDth;, t'6'"d.yof

,,2005,

8

/lut(&AWiC

9

I

UNITED STATES DISTRICT JUDGE

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27 28
CONSENT DECREE -l"AGE 7

lJ-S.EQI!AlEMPLOl'MJ.!)II'I" QI'I'ORTI!NlT)- l:r)MMI:;:!tI()~
50.111. ,,, .. ,I,, Ofrl." 'Hl'I FiT<lA......lIo, ~,,,j, q~O
~,.tII•• W..h..""" WI(>1·10il l~l<ph....: (2(1(>] ~'~·!)I<ltl F""""'k" (2M! 2:W-~911 T'rY (2Il6pllf-"~!2

 
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CLOSED
U.S. District Court United States District Court for the Western District of Washington (Seattle)
CIVIL DOCKET FOR CASE #: 2:04-cv-01792-RSL

Equal Employment Opportunity Commission v. Sound Parking Incorporated Assigned to: Hon Robert S. Lasnik Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 08/17/2004 Date Terminated: 01/28/2005 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

John Freeman Stanley EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Fax: 206-220-6892 Email: JOHN.STANLEY@EEOC.GOV LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lisa Ann Cox U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 - 1st AVE SUITE 400 SEATTLE, WA 98104 206-220-6890 Fax: 206-220-6911 Email: lisa.cox@eeoc.gov LEAD ATTORNEY

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Intervenor Plaintiff Omar K. Hashi
V. Defendant Sound Parking Incorporated

ATTORNEY TO BE NOTICED
represented by Jesse Andrew Wing MACDONALD, HOAGUE & BAYLESS 705 SECOND AVE STE 1500 SEATTLE, WA 98104-1745 206-622-1604 Fax: FAX 343-3961 Email: jessew@mhb.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Kenneth J Diamond WINTERBAUER & DIAMOND 1200 FIFTH AVE STE 1910 SEATTLE, WA 98101 206-676-8440 Fax: FAX 676-8441 Email: mail@winterbauer.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Adam G Cuff WINTERBAUER & DIAMOND P.L.L.C. 1200 FIFTH AVE STE 1910 SEATTLE, WA 98101 206-676-8440 Fax: FAX 676-8441 Email: mail@winterbauerdiamond.com ATTORNEY TO BE NOTICED

Date Filed 08/17/2004
09/14/2004

#

Docket Text

1 COMPLAINT and JURY TRIAL DEMAND against defendant Sound Parking Incorporated (Summons(es) issued) (Receipt # fee waived) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(PM, ) (Entered: 08/19/2004)

2 SERVICE OF SUMMONS and Complaint returned executed upon defendant Sound Parking Incorporated on 9/9/2004 (RS, ) (Entered:

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09/20/2004
10/13/2004 10/25/2004 11/23/2004 12/15/2004 12/17/2004 12/17/2004
01/27/2005 01/28/2005

09/15/2004)
The following alterations to the Electronic Filing Procedures apply in all cases pending before Judge Lasnik:- Section III, Paragraph F - when the aggregate submittal to the court (i.e., the motion, any declarations and exhibits, the proposed order, and the certificate of service) exceeds 50 pages in length, a paper copy of the documents (with tabs or other organizing aids as necessary) shall be delivered to the Clerk's Office for chambers. The chambers copy must be clearly marked with the words "Courtesy Copy of Electronic Filing for Chambers."- Section III, Paragraph K - unless the proposed order is stipulated, agreed, or otherwise uncontested, the parties need not e-mail a copy of the order to the judge's e-mail address. (KERR, ) (Entered: 09/20/2004)
3 ANSWER to Complaint by Sound Parking Incorporated.(Cuff, Adam) (Entered: 10/13/2004)
4 ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 12/6/2004; by Judge Robert S. Lasnik. (KERR, ) (Entered: 10/25/2004)
5 JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiff Equal Employment Opportunity Commission.(Cox, Lisa) Modified text on 11/24/2004 (AF, ). (Entered: 11/23/2004)
6 STIPULATION AND PROPOSED ORDER Stipulated Motion to Intervene as a Plaintiff with Ex. A Complaint by parties. (Attachments: # 1 Proposed Order to Allow Plaintiff to Intervene)(Wing, Jesse) (Entered: 12/15/2004)
7 ORDER to allow Omar Hashi to intervene as plaintiff by Judge Robert S. Lasnik. (RS, ) (Entered: 12/20/2004)
8 MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: 5 days. Jury Trial set for 11/7/2005 09:00 AM before Hon Robert S. Lasnik. Joinder of Parties due by 1/13/2005; Amended Pleadings due by 5/11/2005; Expert Witness Disclosure due by 5/11/2005; Discovery due by 7/10/2005; Dispositive motions due by 8/9/2005; 39.1 Settlement Report due by 10/10/2005; Settlement conference to be held by 9/8/2005; Motions in Limine due by 10/10/2005; Pretrial Order due by 10/26/2005; Trial briefs to be submitted by 11/2/2005; Voir dire/jury instructions due by 11/2/2005; (KERR, ) (Entered: 12/20/2004)
9 NOTICE by Plaintiff Equal Employment Opportunity Commission Consent Decree and [Proposed] Order (Cox, Lisa) (Entered: 01/27/2005)
10 CONSENT DECREE AND ORDER by Judge Robert S. Lasnik. (RS, ) (Entered: 01/31/2005)

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