Case 2:04-cv-01505-JLR Document 1-1 Filed 06/29/2004 Page 1 of 5

1 A. LUIS LUCERO, JR., REGIONAL ATTORNEY KATHRYN OLSON, SUPERVISORY TRIAL ATTORNEY
2 DAMIEN A. LEE, SENIOR TRIAL ATTORNEY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 909 FIRST AVENUE, SUITE 400 SEATTLE, WA 98104
4 TEL: (206) 220-6918 FAX: (206) 220-6915
5 Damien.Lee@eeoc.gov

6

7

8

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WASHINGTON

9

10 EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

11

Plaintiff, )

v.

)

12

)

HARBOR FREIGHT TOOLS USA,

)

13 INC., d/b/a HARBOR FREIGHT

)

TOOLS

)

14

)

Defendant. )

15

)

CIVIL NO. COMPLAINT JURY TRIAL DEMAND

16

NATURE OF THE ACTION

17

This is an action under Title VII of the Civil Rights Act of 1964 (“Title VII”) and Title I of

18 the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to

19 provide appropriate relief to Sandy Bernhardt and a group of similarly situated female employees

20 (“the class”) who were adversely affected by such practices. The Equal Employment Opportunity

21 Commission alleges that Defendant Harbor Freight Tools USA, Inc., d/b/a Harbor Freight Tools

22 (“Defendant”) subjected Ms. Bernhardt and the class to a sexually hostile work environment. The

23 EEOC further alleges Defendant discharged Ms. Bernhardt based on her sex. Plaintiff seeks

24 injunctive and monetary relief, including pecuniary and nonpecuniary compensatory damages and

25 punitive damages, on behalf of Ms. Bernhardt and the class.

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

Case 2:04-cv-01505-JLR Document 1-1 Filed 06/29/2004 Page 2 of 5

1

JURISDICTION AND VENUE

2

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,1331,1337, 1343

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

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

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

6

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

7 jurisdiction of the United States District Court for the Western District of Washington.

8

PARTIES

9

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

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

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

12 (3) of Title VII, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3).

13

4. At all relevant times, Defendant has continuously been a corporation doing business

14 in the State of Washington and has continuously had at least 15 employees.

15

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

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

17 VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

18

6. Prior to institution of this lawsuit, the Commission’s representatives

19 attempted to eliminate the unlawful employment practices alleged below and to effect voluntary

20 compliance with Title VII through informal methods of conciliation, conference and persuasion

21 within the meaning of Section 706(b) of Title VII, 42 U.S.C. § 2000e-5(b).

22

STATEMENT OF CLAIMS

23

7. More than thirty days prior to the institution of this lawsuit, Sandy Bernhardt filed

24 a charge of discrimination with the Commission alleging violations of Title VII by Defendant. All

25 conditions precedent to the institution of this lawsuit have been fulfilled.

COMPLAINT - Page 2

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

Case 2:04-cv-01505-JLR Document 1-1 Filed 06/29/2004 Page 3 of 5

1

8. Since at least May 21, 2001, Defendant has engaged in unlawful employment

2 practices at its facility in Everett, Washington in violation of Section 703(a) of Title VII, 42 U.S.C.

3 § 2000e-2(a). Defendant affected the terms and conditions of Ms. Bernhardt’s and the class

4 members’ employment by subjecting them to ongoing sexual harassment. This included both

5 gender-based and sexual conduct and comments that Defendant failed to remedy. Further, Defendant

6 discharged Ms. Bernhardt because of her sex.

7

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

8 Ms. Bernhardt and class members of equal employment opportunities and otherwise adversely affect

9 their status as employees because of their sex.

10

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

11 are intentional.

12

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

13 are done with malice or with reckless indifference to the federally protected rights of Ms. Bernhardt

14 and the other class members.

15

PRAYER FOR RELIEF

16

Wherefore, the Commission respectfully requests that this Court:

17

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

18 assigns, and all persons in active concert or participation with it, from engaging in any employment

19 practices that discriminate on the basis of sex.

20

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

21 provide equal employment opportunities for women and which eradicate the effects of its past and

22 present unlawful employment practices.

23

C. Order Defendant to make whole Ms. Bernhardt and all other class members by

24 providing appropriate back pay with prejudgment interest, in amounts to be proved at trial, and other

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

COMPLAINT - Page 3

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

Case 2:04-cv-01505-JLR Document 1-1 Filed 06/29/2004 Page 4 of 5

1

D. Order Defendant to make whole Ms. Bernhardt and all other class members by

2 providing compensation for past and future pecuniarylosses resulting from the unlawful employment

3 practices described in paragraphs 8-10 above, including without limitation past and future out-of-

4 pocket expenses, in amounts to be determined at trial.

5

E. Order Defendant to make whole Ms. Bernhardt and all other class members by

6 providing compensation for past and future non-pecuniary losses resulting from the unlawful

7 practices complained of in paragraphs 8-10 above, including without limitation emotional pain,

8 suffering, loss of enjoyment of life and humiliation in amounts to determined at trial.

9

F. Order Defendant to pay Ms. Bernhardt and all other class members punitive damages

10 for its malicious and/or reckless conduct described in paragraphs 8-10 above in an amount to be

11 determined at trial.

12

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

13 interest.

14

H. Award the Commission its costs of this action.

15 //

16 //

17 //

18 //

19 //

20 //

21 //

22 //

23 //

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

Case 2:04-cv-01505-JLR Document 1-1 Filed 06/29/2004 Page 5 of 5

1

JURY TRIAL DEMAND

2

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

3

DATED this 29th day of

June

, 2004.

4 A. LUIS LUCERO, JR.
5 Regional Attorney
6 KATHRYN OLSON Supervisory Trial Attorney
7 DAMIEN A. LEE
8 Senior Trial Attorney
9 BY: s/ A. Luis Lucero
10 EQUAL EMPLOYMENT
11 OPPORTUNITY COMMISSION Seattle District Office
12 909 First Avenue, Suite 400 Seattle, Washington 98104
13 Telephone (206) 220-6915 Damien.Lee@eeoc.gov
14

ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
Office of the General Counsel 1801 "L" Street NW Washington, D.C. 20507

15 Attorneys for Plaintiff
16

17

18

19

20

21

22

23

24

25

COMPLAINT - Page 5

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

 
 Case 2:04-cv-01505-JLR Document 8 Filed 08/27/2004 Page 1 of 5

2

_fiLm
_ _ LODGED

_f.NTEREO
_RECf.l~EO

3

AU; !,/ 2004

.fhc Honorable James L. Robart

4

111111111111111111111111111111111111111111111

5 "

11111111111111111111111111111111111

6

04-(:V -01505-CMP

7

UNITED STATES ~._.=-====,-----_

WHSTERN DISTRICT OF WASHINGTON

8

AT SEATTLE

9 EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION,

10

Case No, C04-1505 JLR

Plaintifj~

11

SANDRA BERNHARDT, REBECCA

INTERYHNORS' COMPLAINT

12 MYER, and JAMAN MINAR, as personal

representative oftl1e ESTATE OF

13

NATALIE MINAR,

JURY TRIAL DEMANDED

14

Intervenor-Plaintiffs,

15

v.

16 HARBOR FREIGHT TOOLS USA, INC., db. HARBOR FREIGHT TOOLS,
17 Defendant.
18

19 I. ,JIJRISDICTION AND VENUE
20 1.1. This is a civil action arising under federal civil rights acts, 42 U.S.c. ~§
21 2000e and 1981a~ the Washington Law Against Discrimination~ RCW 49.60, and the
22 common law. This Court has jurisdiction under 28 U.S.C. §§ 1331 and 1367.
23 1.2. The acts complained of in this case took place and/or took CfD:ct within the
24 Western District of Washington.
25

26

INTERVENORS' COMPLAINT (C04-1505 JLR) - I
:51:5968.1f()99999.00085

SHORT CRESSMAN & BURGESS FLU.:
~~9 1'IJI1W AV1;,NUl:., SUHlnooo SHATI·LH, WASHINGTON IlHW4-41IHl!
(206)682·):,3.'

Case 2:04-cv-01505-JLR Document 8 Filed 08/27/2004 Page 2 of 5

1.3. This actioo was properly brought by the Plaintiff \ Initcd States Equal

2 Employment Opportunity Commission on behalf ofthe Intervenor Plaintiff; and others

3 on or about lune 29, 2004.

4

1.4. The Intervenor-Plaintiff.;; have a righl to intervene in this acli0l1 as per~ons

5 aggrieved under 42 U.S.C. S2000c-5(f).

6

II. PARTIES

7

2.1. Intervenor Plaintiff Jarman Minar is the husband ofNaialie Nlinar and is or

8 will be the properly-appointed personal representative Ortl,e Estate ofN.talie Minar.

9

2.2. Intervenor Plaintiils Sandra Bernhardt, Rebecca Myer, and Jarman Minar

10 are residents of 'Everett, Snohomish County, Washington. During the reJevant times,

II intervenor-plaintiffs were employed by Defendant Harbor Freight Tools, USA, Tne.

12

III. FACTS

13

3.1. Sandra Bernhardt worked for the Del"endant from about September 1998 to

14 March 2003. Rebecca Myer has worked tor tile Defendant since about May 2000.

15 Natalie Minar worked for the Defendant from about October 1998 to April 2003.

16 Bernhardt., Myer, and Minar worked in the Defendant's Everett store.

17

3.2. During their employment by Defendant, Bernhardt, Myer, and Natalie

18 Minar C'the Claimantsll ) were subjected to hostile, offensive, and threatening treatment

19 by their managers and/or supervisors.

20

3.3. The Clainlants' managers and supenrisors di~climinated against them in the

21 terms and conditions of their employment based on the Claimants' sex.

22

3.4, The Claimants' mmmgers created, protnotcdl and tolerated a liexually

23 hostile, offensive, and intimidating enviwmnent in the workplace.

24

3.5. The Claimants complained of the hostile environment and discriminution to

25 their managers, but no remedial action was taken.
26
INTERVENORS' COMI'LAINT (C04-1505 JLR) - 2

L...wOm(;~
SHORT CRESSMAN &, BURGESS PLLC
'J'}L) -[ HJRlJ AVl:ONur:, SUlTIl3000 SFiATILP. W A.sHIN(TTON 'JKJ()4-408~
("2(l6) 6g2-m,1

:'II :'1968.1 !09999C),()()()IlS

Case 2:04-cv-01505-JLR Document 8 Filed 08/27/2004 Page 3 of 5

3.6. The Defendant knowingly and recklessly ignored the Claimants' rights and

2 their safety.

3

3.7. On or about March 25, 2003, Ms. Bernhardt was tcnninated because of her

4 sex and for resisting sexual harassment and discrimination.

5

3.8. On or about May 21~ 2003, Ms. Bernhardt tiled a charge of sex

6 discrimination and harassment against the Defendant with the Plaintiff United States

7 Equal Employment Opportunil.y Commission.

8

3.9. The PlaintilT-Intervenors are similarly-situated to Bernhardt in that they all

9 allege the same type of discrimination by the Defendant as Ms. Bernhardt has, in the

10 same location and in overlapping time periods.

11

3,10, No conciliatory purpose would be served by serving separate additional

12 charges against the Ucfendant with the EEOC.

13

IV, CLAIMS

14

4,1> Sex Discrimination and Harassment Under Tille VII and RCW 49.60.

15

Deiendant discriminated against the Claimants in the: terms and conditions of

16 employment by creating, promoting, and tolerating a sexually hostile environment and by

17 subjecting them 10 disparate treatment because ofthcir sex. Claimants suffered damages

18 asa resulL

19

42. Retaliation Under RCW 49.60

20

De±endant discriminated against the Claimants because of their resistance and

21 opposition to sex discrimination and sexual harassment. Claimants suffered damages as a

22 result.

23

4.3. Negligent Hiring. Supcrvis'ion. and/or Retention

24

To the extcnt that the hostile, offensive, and intimidating Lreatment ofthe

25 Claimants by their managers and sLJpervisor~ was not. based on their sexj Defendant

26 breached its duty to exercise ordinary, reasonable care to proted the Claimants from such

INTERVENORS' COMPLAINT (C04-1505 JLR) - 3

"wI

I.ltFlrt~

SHORT CRESSMI\.N & 13URGESS PLLC

9\lQ THIRD AVENUE, SUITE 3000

SEATTLE, WASIJtNOTON 9~1(}4-4()~g

(2()()) (,&2-33."

51 596~L 1I0999()9,00085

•

Case 2:04-cv-01505-JLR Document 8 Filed 08/27/2004 Page 4 of 5

1 treatment in the workplace, which was reasonably foreseeable. Claimants sull'ered

2 damages as a result.

3

4.4. Civil Assault

4

Claimants' supervi~or::i and/or managers assaulted the Claimants in the workplace

5 while scrving the Defendant by means of the authority granted them by the Defendant.

6 Claimants suffered damages as a resulL

7

V. RELJICF SO\JGHT

8

Intervenor Plaintiffs request that the Court enter judgment for them ngainst

9 Defendant for the following relief:

10

5.1. Injunctive and declaratory relief to prevent further Mongful ,onduet by the

11 Defendant and its agents and employees;

12

5.2. The full amount of Intervenors' claimed damages as determined at trial~

13 including pecuniary damages such as back pay, front pay, lost benefits, and out-of..por.:ket

14 expenses and compensatory damag!!s for assault, emotional distress! humiliationl and

15 degradation;

16

5.3, Double the amount of any damages for lost wages and benefirs, pursuant to

17 RCW 49.52.070;

18

5.4. Punitive damages pursuant to the Civil Rights Act of 1991,42 U.S.C.

19 1981a, (0 tile maximwu allowed by law;

20

5.5> Statutory costs and fees;

21

5.6. Actual and reasonable attorney fees and litigation expenses pursuant to

22 RCW 49.60, RCW 49.48, RCW 49.52. and 42 U.S.C. § 2000.;

23

5.7. An oiTsd to compensate for the adverse tax consequences of the judgment,

24 pursuantto RCW 49.60;

25

5.8. Prejudgment interest on any award of lost wages and benefits at th!! highest

26 rate of interest pem1itted by law;

INTERVENORS' COMPLAINT (C04.1505 lLR)· 4

LAW OFFle.iS
SHORT CRESSMAN &. BURGESS f'lLC
999 flUIW AVENUr:;, SUITri 3000 SEATI1,R, WA$H1N(i'IUN 48H14--1(]K~
(206)682·J333

51596&.1101,11,1999.000&5

•

Case 2:04-cv-01505-JLR Document 8 Filed 08/27/2004 Page 5 of 5

5.9. I'ost-judgment htterest on all awards at the highest rate orint",e,t permitted

2 by law;

3

5.10. Such othel' relief deemed just and equitable.

4

DATIJD this 26th day of Augu,t, 2004.

5

SHORT CRESSMAN & DUROESS PLLe

6

7

Dy Daniel F. Johnson, WSIlA No. 27848

8

999 Third Avenue, Suite 3000

Seattle, WA 98104-4088

9

Phone: (206) 682-3333

Fax: (206) 340-8856

l()

djohnson@scblaw.com

Attomeys for Plaintiff-Intervenors 11

12

13

14 15 16
17

18 19 20 21 22
23
24

25
26
INTERVENORS' COMPLAINT (C04-1505 JLR) - 5

Lilw (n'j"IC!'~
SHORT CRESSMAN & BURGESS PLLC
')'J'J THIRD AVF.N1 IE, SlITT"E 3(100 SEATTI ,F"} W ASHI'NGTON Qal04-40Sg
(2.06) 682-)])3

515968.1/099999.0008S

 
 Case 2:04-cv-01505-JLR Document 10 Filed 09/02/2004 Page 1 of 7

1

The Honorable James L. Robart

2

3

4

5

6

7

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

8

AT SEATTLE

9 EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION,

10

Case No. C04-1505 JLR

Plaintiff,

11

SANDRA BERNHARDT, REBECCA

INTERVENORS' FIRST AMENDED

12 MYER, and JAMAN MINAR, as personal COMPLAINT

representative of the ESTATE OF

13 NATALIE MINAR,

14

Intervenor-Plaintiffs,

15

v.

16 HARBOR FREIGHT TOOLS USA, INC., dba HARBOR FREIGHT TOOLS,
17
Defendant. 18

19 I. JURISDICTION AND VENUE
20 1.1. This is a civil action arising under federal civil rights acts, 42 U.S.C. §§
21 2000e and 1981a, the Washington Law Against Discrimination, RCW 49.60, and the
22 common law. This Court has jurisdiction under 28 U.S.C. §§ 1331 and 1367.
23 1.2. The acts complained of in this case took place and/or took effect within the
24 Western District of Washington.
25

26
INTERVENORS' FIRST AMENDED COMPLAINT (C04-1505 JLR) - 1

LAW OFFICES
SHORT CRESSMAN & BURGESS PLLC
999 THIRD AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98104-4088
(206) 682-3333

515968.2/024812.00001

Case 2:04-cv-01505-JLR Document 10 Filed 09/02/2004 Page 2 of 7

1

1.3. This action was properly brought by the Plaintiff United States Equal

2 Employment Opportunity Commission on behalf of the Intervenor Plaintiffs and others

3 on or about June 29, 2004.

4

1.4. The Intervenor-Plaintiffs have a right to intervene in this action as persons

5 aggrieved under 42 U.S.C. § 2000e-5(f).

6

II. PARTIES

7

2.1. Intervenor Plaintiff Jarman Minar is the husband of Natalie Minar and is or

8 will be the properly-appointed personal representative of the Estate of Natalie Minar.

9

2.2. Intervenor Plaintiffs Sandra Bernhardt, Rebecca Myer, and Jarman Minar

10 are residents of Everett, Snohomish County, Washington. During the relevant times,

11 Bernhardt, Myer, and Natalie Minar were employed by Defendant Harbor Freight Tools,

12 USA, Inc.

13

III. FACTS

14

3.1. Sandra Bernhardt worked for the Defendant from about September 1998 to

15 March 2003. Rebecca Myer has worked for the Defendant since about May 2000.

16 Natalie Minar worked for the Defendant from about October 1998 to April 2003.

17 Bernhardt, Myer, and Minar worked in the Defendant's Everett store.

18

3.2. During their employment by Defendant, Bernhardt, Myer, and Natalie

19 Minar ("the Claimants") were subjected to hostile, offensive, and threatening treatment

20 by their managers and/or supervisors.

21

3.3. The Claimants' managers and supervisors discriminated against them in the

22 terms and conditions of their employment based on the Claimants' sex.

23

3.4. The Claimants' managers created, promoted, and tolerated a sexually

24 hostile, offensive, and intimidating environment in the workplace.

25

3.5. The Claimants complained of the hostile environment and discrimination to

26 their managers, but no remedial action was taken.
INTERVENORS' FIRST AMENDED COMPLAINT (C04-1505 JLR) - 2

LAW OFFICES
SHORT CRESSMAN & BURGESS PLLC
999 THIRD AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98104-4088
(206) 682-3333

515968.2/024812.00001

Case 2:04-cv-01505-JLR Document 10 Filed 09/02/2004 Page 3 of 7

1

3.6. The Defendant knowingly and recklessly ignored the Claimants' rights and

2 their safety.

3

3.7. In early 2003, Plaintiff-Intervenor Rebecca Myer experienced severe back

4 pain and consulted a physician.

5

3.8. Ms. Myer's physician advised Ms. Myer and Defendant Harbor Freight

6 Tools that Ms. Myer had a medical condition which limited her physical abilities.

7

3.9. Defendant ignored Ms. Myer's limitations and required her to perform tasks

8 that her doctor had indicated she could not do.

9

3.10. The Defendant refused to accommodate Ms. Myer's medical condition.

10

3.11. The Defendant agreed to the accommodations requested by Ms. Myer, then

11 ignored them.

12

3.12. The Defendant never offered to discuss or consider any different reasonable

13 accommodations with Ms. Myer or her physician.

14

3.13. As a result of the Defendant's actions and omissions, Ms. Myer's medical

15 condition worsened.

16

3.14. Several times Ms. Myer had to cease performing any work for Defendant

17 because of Defendant's refusal to accommodate her condition and the resulting

18 aggravation of her condition.

19

3.15. On or about March 25, 2003, Plaintiff-Intervenor Sandra Bernhardt was

20 terminated because of her sex and for resisting sexual harassment and discrimination.

21

3.16. On or about May 21, 2003, Ms. Bernhardt filed a charge of sex

22 discrimination and harassment against the Defendant with the Plaintiff United States

23 Equal Employment Opportunity Commission.

24

3.17. The Plaintiff-Intervenors are similarly-situated to Bernhardt in that they all

25 allege the same type of discrimination by the Defendant as Ms. Bernhardt has, in the

26 same location and in overlapping time periods.
INTERVENORS' FIRST AMENDED COMPLAINT (C04-1505 JLR) - 3

LAW OFFICES
SHORT CRESSMAN & BURGESS PLLC
999 THIRD AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98104-4088
(206) 682-3333

515968.2/024812.00001

Case 2:04-cv-01505-JLR Document 10 Filed 09/02/2004 Page 4 of 7

1

3.18. No conciliatory purpose would be served by serving separate additional

2 charges with the EEOC against the Defendant.

3

IV. CLAIMS

4

4.1. Sex Discrimination and Harassment Under Title VII and RCW 49.60.

5

Defendant discriminated against the Claimants in the terms and conditions of

6 employment by creating, promoting, and tolerating a sexually hostile environment and by

7 subjecting them to disparate treatment because of their sex. Claimants suffered damages

8 as a result.

9

4.2. Retaliation Under RCW 49.60

10

Defendant discriminated against the Claimants because of their resistance and

11 opposition to sex discrimination and sexual harassment. Claimants suffered damages as a

12 result.

13

4.3. Negligent Hiring, Supervision, and/or Retention

14

To the extent that the hostile, offensive, and intimidating treatment of the

15 Claimants by their managers and supervisors was not based on their sex, Defendant

16 breached its duty to exercise ordinary, reasonable care to protect the Claimants from such

17 treatment in the workplace, which was reasonably foreseeable. Claimants suffered

18 damages as a result.

19

4.4. Civil Assault

20

Claimants' supervisors and/or managers assaulted the Claimants in the workplace

21 while serving the Defendant by means of the authority granted them by the Defendant.

22 Claimants suffered damages as a result.

23

4.5. Disability Discrimination Under RCW 49.60

24

Defendant failed to provide a reasonable accommodation of Plaintiff-Intervenor

25 Myer's disability, and failed to engage in any interactive process concerning reasonable

26 accommodations, resulting in damages to Ms. Myer.

INTERVENORS' FIRST AMENDED COMPLAINT (C04-1505 JLR) - 4

LAW OFFICES
SHORT CRESSMAN & BURGESS PLLC
999 THIRD AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98104-4088
(206) 682-3333

515968.2/024812.00001

Case 2:04-cv-01505-JLR Document 10 Filed 09/02/2004 Page 5 of 7

1

V. RELIEF SOUGHT

2

Intervenor Plaintiffs request that the Court enter judgment for them against

3 Defendant for the following relief:

4

5.1. Injunctive and declaratory relief to prevent further wrongful conduct by the

5 Defendant and its agents and employees;

6

5.2. The full amount of Intervenors' claimed damages as determined at trial,

7 including pecuniary damages such as back pay, front pay, lost benefits, and out-of-pocket

8 expenses and compensatory damages for assault, emotional distress, humiliation, and

9 degradation;

10

5.3. Compensatory damages for Ms. Myer's aggravated physical injury

11 including loss of past and future wages and benefits;

12

5.4. Double the amount of any damages for lost wages and benefits, pursuant to

13 RCW 49.52.070;

14

5.5. Punitive damages pursuant to the Civil Rights Act of 1991, 42 U.S.C.

15 1981a, to the maximum allowed by law;

16

5.6. Statutory costs and fees;

17

5.7. Intervenors' actual and reasonable attorney fees and litigation expenses

18 pursuant to RCW 49.60, RCW 49.48, RCW 49.52, and 42 U.S.C. § 2000e;

19

5.8. An offset to compensate for the adverse tax consequences of the judgment,

20 pursuant to RCW 49.60;

21

5.9. Prejudgment interest on any award of lost wages and benefits at the highest

22 rate of interest permitted by law;

23

5.10. Post-judgment interest on all awards at the highest rate of interest permitted

24 by law;

25

5.11. Such other relief deemed just and equitable.

26
INTERVENORS' FIRST AMENDED COMPLAINT (C04-1505 JLR) - 5

LAW OFFICES
SHORT CRESSMAN & BURGESS PLLC
999 THIRD AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98104-4088
(206) 682-3333

515968.2/024812.00001

Case 2:04-cv-01505-JLR Document 10 Filed 09/02/2004 Page 6 of 7

1

DATED this ____ day of September, 2004.

2

SHORT CRESSMAN & BURGESS PLLC

3

4

By /s/ Daniel F. Johnson

Daniel F. Johnson, WSBA No. 27848

5

999 Third Avenue, Suite 3000

Seattle, WA 98104-4088

6

Phone: (206) 682-3333

Fax: (206) 340-8856

7

djohnson@scblaw.com

Attorneys for Plaintiff-Intervenors

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INTERVENORS' FIRST AMENDED COMPLAINT (C04-1505 JLR) - 6

LAW OFFICES
SHORT CRESSMAN & BURGESS PLLC
999 THIRD AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98104-4088
(206) 682-3333

515968.2/024812.00001

Case 2:04-cv-01505-JLR Document 10 Filed 09/02/2004 Page 7 of 7

1

CERTIFICATE OF SERVICE

2

I hereby certify that on September 2, 2004, I electronically filed the foregoing to

3 the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: Damien Anthony Lee, and A. Luis Lucero. I also certify that I

4 electronically sent a copy of the foregoing to Marc Friedman, Harbor Freight Tools

5 (mfriedman@harborfreight.com).

6

By /s/ Daniel F. Johnson

7

Daniel F. Johnson, WSBA No. 27848

999 Third Avenue, Suite 3000

8

Seattle, WA 98104-4088

Phone: (206) 682-3333

9

Fax: (206) 340-8856

djohnson@scblaw.com

10

Attorneys for Plaintiff-Intervenors

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INTERVENORS' FIRST AMENDED COMPLAINT (C04-1505 JLR) - 7

LAW OFFICES
SHORT CRESSMAN & BURGESS PLLC
999 THIRD AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98104-4088
(206) 682-3333

515968.2/024812.00001

 
 Case 2:04-cv-01505-JLR Document 14 Filed 10/08/2004 Page 1 of 11

HONORABLE JAMES L ROBART

UNITED STATES DISTRlCT COURT

4

FOR THE WESTERN DISTRICT OF WASHJNGTON

AT SEATTLE

5

6 TIQlJAL EMPLOYMENT OPPORTUNITY
7 COMMISSION,

Plaintiff,

9 SANDY BERNHARDT,

10

Plain.tiff Intervenor,

11 REBECCA MYER,

12

Plaintiff lntervenor,

!3

and

14 JARMAN MlNAR as Per~ona1 Representative for the ESTATE OFNATALlE MINAR,
15 Plaintiff Interven()r
16

17
HARBOR FRElGIlT TOOLS USA, lNC., 18 d/b/a HARBOR FREIGHT TOOLS,

19

Defendant.

20

l

l

CASE NO. 04-ISOS-JLR

l

)

CONSENT DECREE AND

l

[PROPOSED] ORDER OF DISMISSAL

l

)

l

l

111111111111111111111111111111111111111111111

11111111111l1li11111111111111111111
04-CV-OI5115-0RIJ

)
) )

21

22

l. INTRODlJC1JQN

23

I. Thi:i acf:ion originated with a discrimination charge filed by Sandy Bernhardt ("Ms.

24 Bernhardt" or "Charging Pa.rty") with the U.S. Equal Employmet1t Opportunity Commission

25 ("EEOC' or '·Plaintiff"). The Charging Party alleg(.':d,.in:tm: ~ that Harbor Freight Tools USA, Inc

26 ("Harbor .Freight Tools" or "Defendant") subjected her and other female employeA:ls to harassment

27 based on their sex ilt its Everett, Washington facility in violation of § 703 ofTitle VII, 42 U.S.C. §

CONSENT DECRED - HARBOR FREIGHT TOOLS - 1

Case 2:04-cv-01505-JLR Document 14 Filed 10/08/2004 Page 2 of 11

2000e-2(a), and when Defendant tenllinated her from her h..d casl\iorpMilio0 in March 2003

2 instead of a male employee.

3

2. The EEOC sent Defendant a Letter ofDeterrnination with a finding ofreruionable

vn 4 cause that it had violated Title dated March 29 , 2004.

5

3. The EEOC filed this lawsuit on June 29~ 2004 in the Unitc:d States District Court for

6 the Western District of Washington ~lt Seattle 011 behalf of the Charging Pa.rty and a class of similarly

7 situated femal~ (h~einafter, "the Class" or individually, "Class Member"), alleging that Defendant

8 had subjected Charging Party and Ihe Class to haras~me.nt based on their sex, ;md then also

9 di~CTimirtlll.ed against Charging Party based on her sex when she was temrinat.:'!d in March 2003,

10 Cha.rging Party and two of the Class Members then intervened in the EEOC's lawsuit.

11

4.

Defendant requested mediation prior to filing a.n answer to the ill legations of

12 discrimination in the EEOC' 8 complaint and those brought separately by Charging Party and two of

13 the Clas.~ Memben.

14

5. The parties want to conclude tully and tinally all claims arising out of the EEOC's

15 complaint, and the charge of di8criminaliull filed with EEOC by Charging Party. They enter into this

16 Consent De.cree to further the objectives of equal employment Il.S set forth in 1'itle VII.

17

18

II. NONADMISSION OP LlABlllTY AND NONDETERMINATION

BY THE COURT

19

6.

This COllsent Decree i!; 110t an adjudication or finding on the merits of this (.;li$C aiid

20

shall not be con."trued as an admission by Detimda.nt of a violatioll oJTitle ViJ.

21

22

Ill. JURISDTCTION AND VENUE

23

7.

Jurisdiction of this Court is invoked pursuant to 28 U.S.c. §§ 451, 1331, 1337, 1343

24

and 1345. This action is authorized and instituted pursuant to Soctions 706(t)(l) and (3) olTitle VII

25

of the Civil Right, Act 0[1964, as amended, 42 U.S.C. §§ 2000.-5(1)(1) lind (3) ("Title VJl"), and

26

Section 102 of the Civil Rights Act of1991, 42 U.S.C. §198ht. The employrmmt practice allegod to

27

CONSENT DECRBE - HARBOR FREIGHT TOOLS - 2

Case 2:04-cv-01505-JLR Document 14 Filed 10/08/2004 Page 3 of 11

be unlawful in the BEOC's complaint filed herein occurred within the jurisdiction of the llnited

2 States District Court for the Western Dislrict ofWasbjngton.

3

4

IV. SETTLEMENT SCOPE

5

8. This Con~nt Decree is the [mal and complete resolution of all Title vn allegations of

6 unlawful employment practices contained in the complaint filed on behalf of Charging Party and the

7 Class, including an claims by the parties for attorney fees and costs_ The ~coJle of this Consent

8 Decree will be limited to Defendant's Wa~hington State facilities. The Consent Decree resolves all

9 issue~ and claims ari!ling out of this complaintj and is binding and final as to all such issues and 10 claims.

11

12

V. MONUARY RELIEF

13

9. In settlement Oftllis lawsuit, Harber Freight Tools agrees under separate agreements

14 to providr; a total 01'$225,000 to Charging Party and t\vo of the Class Men:Jb~ls; payment of which is

15 to be provided to Daniel Johnson, attorney for Charging Party and the two CI".ss Memhers by

16 certified mail to Shorl Cressman & Burgess PLLC, 999 Third Ave., Suite 3000, Seattle, W~sbi'[lgton

17 98104, on or before October 6, 2004, with {:opics to the EEOC. No monetary reliefwa::; provided to

1g any other Class Member.

19

20

V!. AFFIRMATIVE AND OTHER RELIEF

21

A. GWW!Dl\ ProviSiopS

22

10. Harbor Fr.::ight Tools, Us ott1cel'1', agents, managers. assistant managers and other

23 supervisors at its Everett, Washington facility and aU human resource professionals wh.o provide

24 advice and assistance to thi: foregoing individuaL,. will refrain from engaging in practices which

25 constitute harassment based on an employee's sex, unlawfully discrimina.l.c against any employee

26 based on sex, and which constitute retaliation for an individual engaging in pr';ltected EEO activity.

27 In recognition of its obligatioos under Title VII, Harbor Freight Tools will ins:itutc the policies and

CONSENf DECREE - HARBOR FREIGHT TOOLS - 3

Case 2:04-cv-01505-JLR Document 14 Filed 10/08/2004 Page 4 of 11

practices set forth below lo the ex-tent thQt such policies and practices have not her~tofore been

2 instituted.

3

B.

4

11.

Anti~Djscr.imination Police,~ and ProcedlU"es Harbor Freight Touls will cvaluattl and, where appropriate, modify the practices of its

5 managerr. and supervisors in order to continue to prevent harassment, di:;;crimlrmtlon, and retaliation.

6 Harbor Freight Tools will continue to provide training to its managers and supervisors to understand

7 its Equal Employment Opportunity C'EEO") policies and how those policies define and identify what

8 constitutes harassment, discrimination and retaliation, and will ma.ke manager:; and supervisors

9 pen;(Jmdly accountable by linking their perfonnance appraisals and compensation to the eflcctive

10 implementation of its EEO policiC;:s.

11

12. Wi1.hin one-hundred-and~eighty (180) days of the. date ofth-tl effective date of this

12 Consent Decree, Harbor Freight Tools will: (a) review its EED policy and the method and/or

1.3 administrative process lfi which internal complaints are invegtig<lted; and reville it all nece!'.~ary to

14 ensure that it adequately prohibits han1ssment, discrimination, and retaliation, addresses Harbor

15 Freight TOQ]s' obligation to provide -it wurk environment free of harassment, discriulination, and

16 retaliation for its employees! and reaffirms its cOlmnitmcnt not to retaliate agamst any employee for

17 engaging in protected EED activity, ~ filing an intemal harassment or discrimination complaint,

18 and/or filing a charge with the REOC; and (b) ili.s1.ribute its BEO 'Policy to.:all present and future

19 ernployees, both manag(1)lent and non-managcmcrlt at its Everett, Washington facil ity.

20

c. Training

21

13. Within ninety (90) days ofthe execution of this Consent Decret:, Harbor FreighL

22 Tools will develop and present to all managers, assistant manager~) aud supervisors at its Everett,

23 Washington facility, all managers with oversight respousibjlities fo't its Everet!:, Washington facility, 24 and all hwnan resource profes.sionals who provide advice and am~istance to the foregoing individuals, 25 no less than two (2) hours of faccuto~face training by a qual Hied trainer on hanlssmellt, employment

26 discrimination, and retaliation tor engaging in protcGt~d EEO activity. Harbor Freight Tools al~o

27 agrees to prcwide at leas1 one (1) hour of lraiIring on hara.';sment, employment discrimination and

CONSENT DECREE" HARBOR fREIGHT TOOLS - <I

Case 2:04-cv-01505-JLR Document 14 Filed 10/08/2004 Page 5 of 11

retaliation to the employees at its Everetl1 Washington facility. The EEOC will have an opportunity

1 to review the training materials prior to the training date. Armually thereafter for the life of this

3 Consent Decree, Harbor Freight Tools wHi require: (1) all managers, assistant managers and

4 supervisors at its Everett, Washington facility, all managers wilh oversight re~ponsibilities for it!'>

:S Everett, Wa~hington facility, and all human resource professionals who provide a.,c;;si5tance to the

6 fur!Jgoing individuals to complete two (2) hours offace-to-face training by a qualified trainer on

7 harassment, emp!oymenl discrimination and retaliation; and (2) all employees at its Bveret~

8 Washington facility to complete at least one (1) hour of training on harassmer(t. employment

9 discrimination and ret.aliation,

10

D. Expungement of Records

J1

14 Hill'bur f'reight Tools wiI1 not disclose any information or makl~ refer(mcl.: t.o any

12 charge of discriminati(m that is the subject of the lawsuit or this lawsuit in responding to

13 employment re.ference requests for infonnation About Charging Party, and eacn of the Class

14 Members.

15

15. Harbor Freight Tools will expunge from the personnel file of Charging Parly and each

16 Cla~s Member, any referencl:l Lo Charging Parly'~ discrimination charge against Harhor Freight Tools

17 and this lawsuit, If Charging party and/or any Class Mernber wbh~ to do so, Harbor Freight Tools

18 will permit each to review he);' personnel tile to ensure that all such references have been expunged,

19 provided, however, that reasonable advance notice is provided to either Barbe,! Freight fOol's legal

20 department or personnel department located at its corporat~ office. Harbor fr~lght Tools will not

21 add allY infonnation or references to the personnel files of Charging Party and/or any Class Member

22 regarding this charge of discrimination and this lawsuit after such references have been expunged

23

E Policie!;: De!;:igned 10 Promote Supervisor ACCOl.1lltabHity

24

16. Harbor Freight Tools will continue to advise ~11 managers and ~pervisors of their

25 duty to ensure compliance with its EEO policies, and to repQrt any incident or complaint of

26 harassment, discrimination, or ret-.liiation. of which they become aware. If a manager OT supervisor
27 violates Harbor Freight Tools's rmo policies, he/she may be subject 1:0 di~ipline up to and

CONSENT DECREE· HARBOR FREIGHT TOOLS· 5

Case 2:04-cv-01505-JLR Document 14 Filed 10/08/2004 Page 6 of 11

iI1cluding terrnination and compensation may be affected, Harbor Freight Tools will also remind all

1 managers and supervisors that there will be no retaliation against any employee for reporting or

3 relaying any incident (If discrimination or retaliation under Harbor Freight Toots's ERO policy, or for

4 participating in or cOl1ducting an investigation of slJch an incident

5

11. H,arb()r FreIght Tools agrees that it shall include "cDmmitment to equal employment

6 opportunity" or similar designlUion as a criterion for qualification for evaluatiun of supervisory

7 positioos,

8

F. Reporting

9

18. Harbor Freight Tools sha.ll report in writing and in atlidavit form to the EEOC

10 beginning sjx (6) months from the date of the entry of this decree, and thereaf'l:er every six months

11 tor the dllraliun of the decree the following information:

12

a, Certification of the completion of training and list of attendees set forth in Paragraph

13 13 above, and a list of all attendees including job titles.

14

b. Certification that its EEO policy has been sent to all current and newly hired

15 employees as desClibed in Paragraph 12 above.

16

c. A liiit of any changes, modifications, revocations or revisions to its EEO policies and

17 procedun::s which concem or affect the subject of discrimination and retutiallioll.

18

d. A S1..Uumary of all haroUlsment, discrimination and r~ta1iation co::nplaintsJ if allY. fi led

19 by clDployees working at Harbor Freight Tools's Everett, Washington facility ".vhich are reported to

20 management and the resolution of each complaint; and

21

c. A smtt;ment listing the other provisions of this Decree that Df;;f(~ndant is required to

22 perform and certifying that Harbor Freight Tuols has complied with lhe terms I)f the Def"Tee.. If

23 Harbor Freight Tools has not complied with any term of tho Decree, the statement will specify the

24 areas of non-o;omplitmce, the reason for the noncompliancej and the steps taken to bring the 25 Defendant into compliance.

26

27

G.

CONSENT DECREE" ilARBOR FREIGHT TOOLS - 'i

Case 2:04-cv-01505-JLR Document 14 Filed 10/08/2004 Page 7 of 11

19. Harbor Freight Tools will post a Notice, aUached as Exhibit 1 to this Consent Decree. 1 The Notice shall be posted on a centrally located bulletin b(}S:fd at Hamor .fo'reight Tools's Everett. 3 Wa.shingtnn Sta.te facility for the duration of the Consent Decree:.

4

5

VI. ENFORCEMENT

6

20. Iftbe EEOC determines that Harbor Freight Tools has not cornplied with the terms of

7 this Decree, the EEOC will pmvide written notification of the alleged breach 1:0 Harbor Freight

8 Tools. The EEOC will not petition the Court for enforcement afthe decree [or at least thirty (30)

9 days after providing written notification of the alleged breach. The 3~-day peJ'iod. following the

to WTitten notice shall be lised by the parties tor good faith efforts to resolve the djspute, or for Harbor

II Freight Tools to cure the breach" In th()~ cases where it would take longer thiffi thirty (30) days to

12 cure the breach, Hamor Freight Tools m.ay hav<:! such ::\dditional time a!;l may be lll.;:Ces,!1oary by

13 agreement -..vjth the EEOC so l011g as Harbor Freight Tools takes .all re~sonablc efforts to cure tbe

14 breach within tlle thirty (30) day period.

15

16

VIII RETENTION OF JURISDICTION

17

21. The United States District Court for the Western District of Washington shall retain

18 jurisdiction over this matter for the duration o[the decree.

19

20

IX. DURATION AND TERMlNATION

21

22. This Decree shall be effect. for three (3) years beginning OctobtlI' 21, 2004, Wld ending

22 October 21! 2007. If the EEOC p~tition& th~ Court for breach of the Decree, and the Court fmd..1!

23 Harbor Freight Tools to be in violation of the terms of the Decree, the COlll1 may extend the duration

24 of the Decree.

25

26

x. CONCLUSION

27

2]. The parties are not bmmd by any provision of this decree until it is s.igned by

CONSENT DECREE - HARBOR PREIGln TOOLS· 7

Case 2:04-cv-01505-JLR Document 14 Filed 10/08/2004 Page 8 of 11

authorized representatives of each party and isentered by the Court

1

3

Dated this _ _ _ _ _ day of October, 2004.

4

5 A. LUIS LUCERO, JR. Regional Attorney
6 KATHRYN OCSON
7 Supervisory Trial AltoI1lC)l

ERIC S. DREIBAND General Counsel
Office of the General COllnsel
1801 "L" Street NW
Washington, D.C. 20507

8 DAMlEN A. LEE
Senior Trial Attomey 9 EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION 10 Seattle District Offi~
909 First. Avenue; Suite 400
11 Seattle, Washington 98104 Telephone (206) 220-6915
12 Damicn.I..-ee@eeoc.gov

13 BY:
14
Attorneys for Plaintiff
15

16

17 MARC FRIEDMAN GeneraL Coullsel
18 USA MUNDRAKE-HATLER
19 As.sistant General Counsel

20 HARBOR FREIGHT TOOLS USA, INC. 3491 Mission Oaks Blvd.
21 Camarillo, CA 93011 Tclc-phone (805) 3~~-1 000, ext. 431
22 Mfrioo'lll,an@ho.rborfreigh£.com

25 Attorneys lor Defendant 26 27 DANlELJOIlNSON
CONSENT DECREE - HARIlOR FREIGHT TOOLS - 8

Case 2:04-cv-01505-JLR Document 14 Filed 10/08/2004 Page 9 of 11
SHORT CRESSMM & BURGESS, P.LL.C.
999 TbirdAve_, Suite 3000 2 Seattle, WA 981.04
Telephon. (206) 682-3333 3 djQhns(m@scblawJ;~(lm 4 5 l)y:_ _ _ _ _ _ _ _ __
6 AttOID!.:Y for PlaintiffInrervenoT Sandy Bernhardt, Rebecca My!;.\r, and Jannan Minarj PerSonal Representative
7 of the Estate of Natalie Minar
9 10
II 12 13 14
15 ]6
17 18 19 20
21 22
23
24 25 26 27
CONSENT DECREe - HARBOR fREIGHT TOOLS - ')

Case 2:04-cv-01505-JLR Document 14 Filed 10/08/2004 Page 10 of 11

ORDER APPROVING CONSENT DECREE

The Court having COIlSidc-red the foregoing stipulated agreement of the parties, IT IS HEREBY ORDERED THAT the foregoing Consent Decree be, and the same hereby is, approved as the final decree of this Court in full settlement of this action. This lawsuit is hereby dismissed with prejudice and without costs or attorneys! fees to any party, The Court retains jurisdiction of this matter fOT purposes of enforcing the Conseut Decree aPI,rovcd herein.

DATED thi, 11&, day of

O<:.I-.:.Ioo.n.. .2004.
:t~
LE JAMES L. ROBART TES DISTR.lCT JUDGE

Case 2:04-cv-01505-JLR Document 14 Filed 10/08/2004 Page 11 of 11
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
HARBOR FREIGHT USA, INC.
NOTICE TO ALL EMPLOYEES
Federal law requires an employer 10 take prompt and effective action to stop the sexual harassment of any employee. Federal law also prohibits an employer from discriminating against any individual based on the individual's sex with respect to hiring, promotion, demotion, terms and conditions of employment, and/or termination. Furthermore. federal law prohibits retaliation against any individual by an employer because the individual complains of discrimination, cooperates with an investigation by Harbor Freight Tools USA, Inc. andlor a government agency of a charge of discrimination, partiCipates as a witlless or potential Vllitness in any investigation or legal proceeding, or otherwise exercises his or her rights under the law,
Any employee who is found to have sexually harassed any other employee. failed to report harassment when required to do so by federal law or Harbor Freillht USA. Inc. policy, discriminated against any employee andlor retaliated against any otheremployee because such employee participated in this lawsu~ will be subject t~ substantial discipline, up to and including immediate discharge.
Should you have any complaints of discrimination, you should contact your supervisor, or any individual in upper level management.
Employees have the right to bring complaints of discrimination, haraS~3;ment and/or retaliation to the U.S. Equal Employment Opportunity Commission, Seattle District Office
at 909 1" Avenue. Suite 400. Seattle, WA 98104-1061, 206/220-6883, 1-800-699-4000. Employees may also bring complaints of discrimination, harassment and/or retaliation to Harbor Freight Tools USA, Inc., Vice President of Human Resources, _ _ _ _ _ __ ph. (805) 388·1000. ext. _ _
This notice has been posted in mutual resolution of EEOC, Sandra Bernhardt, Rebecca MyeL and Estate of Natalie Minar v. Harbor FreightTools USA Inc. dlbla, Harbor Freight Tools, Case No: CV-04-1505 (W.o. Wash. filed June 29,2004).
"EXHIBIT I"

 
 WAWD CM/ECF Version 2.5 - Docket Report

Page 1 of 3

U.S. District Court WESTERN DISTRICT OF WASHINGTON (Seattle) CIVIL DOCKET FOR CASE #: 2:04-cv-01505-JLR

CLOSED

Equal Employment Opportunity Commission v. Harbor Freight Tools USA Inc Assigned to: James L. Robart Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 06/30/2004 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

Damien Anthony Lee EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Fax: FAX 220-6911 Email: damien.lee@eeoc.gov ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Sandra Bernhardt

represented by Daniel Foster Johnson SHORT CRESSMAN & BURGESS 999 3RD AVE STE 3000 SEATTLE, WA 98104-4088 206-682-3333 Fax: FAX 340-8856 Email: djohnson@scblaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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WAWD CM/ECF Version 2.5 - Docket Report

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Intervenor Plaintiff Rebecca Myer
Intervenor Plaintiff Jarman Minar
V. Defendant Harbor Freight Tools USA Inc doing business as Harbor Freight Tools

represented by Daniel Foster Johnson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Daniel Foster Johnson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/29/2004
07/12/2004 07/29/2004 08/03/2004 08/09/2004
08/26/2004 08/27/2004

#

Docket Text

1 COMPLAINT and JURY TRIAL DEMAND against defendant Harbor Freight Tools USA Inc (Summons(es) issued) (Receipt # fee waived) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(PM, ) (Entered: 07/01/2004)

2 SERVICE OF SUMMONS and Complaint returned executed upon defendant Harbor Freight Tools USA Inc on 7/9/2004 (RS, ) (Entered: 07/14/2004)

3 STIPULATION AND ORDER to extend deadline for dft to answer or otherwise respond to complaint by Judge Marsha J. Pechman. (RS, ) (Entered: 07/30/2004)

4 NOTICE of Appearance by attorney Damien Anthony Lee on behalf of Plaintiff Equal Employment Opportunity Commission (Lee, Damien) (Entered: 08/03/2004)

ORDER REASSIGNING CASE. Case reassigned to Judge James L Robart for all further proceedings. Judge Marsha J. Pechman no longer assigned to case. Hereinafter the case number shall be designated as C041505JLR; trial dates and case schedule deadlines already set shall remain in place unless modified by Judge Robart; transfer as ordered by Judge Marsha J. Pechman. (SC, ) (Entered: 08/09/2004)

5 STIPULATION by parties. (Attachments: # 1 Proposed Intervenors' Complaint# 2 Proposed Order)(Johnson, Daniel) (Entered: 08/26/2004)

6 STIPULATION AND PROPOSED ORDER TO EXTEND DEADLINE FOR DEFENDANT TO ANSWER OR OTHERWISE RESPOND TO

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08/27/2004
08/27/2004 08/27/2004 09/02/2004 09/10/2004 10/06/2004
10/06/2004 10/08/2004

COMPLAINT by parties. (Lee, Damien) Modified text on 8/30/2004 (MD, ). (Entered: 08/27/2004)
7 ORDER GRANTING plaintiff-intervenors Sandra Bernhardt, Rebecca Myer and Jarman Minar leave to intervene and file the proposed intervenors' complaint re 5 Stipulation by Judge James L Robart. (MD, ) (Entered: 08/30/2004)
8 Intervenor COMPLAINT & Jury demand, filed by Sandra Bernhardt, Jarman Minar, Rebecca Myer.(MD, ) (Entered: 08/30/2004)
9 STIPULATION AND ORDER to extend deadline for deft to answer or otherwise respond to complaint to 8/28/04 re 6 Stipulation by Judge James L Robart. (MD, ) (Entered: 08/30/2004)
10 AMENDED COMPLAINT against defendant Harbor Freight Tools USA Inc, filed by Sandra Bernhardt, Jarman Minar, Rebecca Myer.(Johnson, Daniel) (Entered: 09/02/2004)
11 ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 10/22/2004; by Judge James L. Robart. (CC, ) (Entered: 09/10/2004)
12 STIPULATION AND PROPOSED Consent Decree by parties. (Attachments: # 1 Consent Decree Signed by Counsel# 2 Consent Decree Notice)(Lee, Damien) Modified text on 10/7/2004 (MD, ). (Entered: 10/06/2004)
13 NOTICE of Voluntary Dismissal of case by Intervenor Plaintiffs Sandra Bernhardt, Jarman Minar, Rebecca Myer (Johnson, Daniel) (Entered: 10/06/2004)
14 CONSENT DECREE and order of dismissal with prejudice and without costs or attorneys' fees to any party. Court retains jurisdiction of this matter for purposes of enforcing the Consent Decree approved herein by Judge James L. Robart. (MD, ) (Entered: 10/08/2004)

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 EEOC LITIGATION SETTLEMENT REPORT - October 2004

http://www.eeoc.gov/litigation/settlements/settlement10-04.html

EEOC v. Harbor Freight Tools USA, Inc. No. C04-1505JLR (W.D. Wash. October 7, 2004)
The Seattle District Office filed this Title VII suit alleging that defendant, a tool and equipment catalog retailer with 150 retail stores in 36 states, subjected charging party, a head cashier, and other female employees to a sexually hostile work environment through the offensive verbal and physical conduct of a male assistant manager at defendant's Everett, Washington store. Seattle also alleged that defendant discharged the charging party because of her sex when it blamed her for leaving a safe unlocked even though the harasser had been the last person to leave the room where the safe was located. The parties resolved the suit through a 3-year consent decree providing a total of $225,000 to charging party and two other female claimants. The decree prohibits defendant from sexually harassing employees, otherwise discriminating against employees based on sex, and retaliating against individuals for engaging in protected EEO activity.

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