ORIGINAL

1 A. Luis Lucero, Jr. Claire Cordon
2 Kathryn Olson Equal Employment Opportunity Commission
3 909 First Avenue, Suite 400 Seattle, WA 98104-1061
4 Telephone: (206) 220-6915
5 Attorneys for Plaintiff
6
7

FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON
JUN 11 1999 " JAME~ CLE:~PU1Y

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF WASHINGTON

AT SPOKANE

10
EQUAL EMPLOYMENT OPPORTUNITY
11 COMMISSION,

CIVIL NO.

12

Plaintiff,

COMPLAINT

13
v.
14

CS 99-0169-EF

KAISER ALUMINUM & CHEMICAL

15 CORPORATION,

16

Defendant.

17
NATURE OF THE ACTION
18
This is an action under Title VII of the Civil Rights Act of 1964 and Title I
19
of the Civil Rights Act of 1991 to correct unlawful employment practices on the
20 basis of sex, and to provide appropriate relief to Kelly Flynn and a group of
21
similarly situated female applicants who were adversely affected by Kaiser
22 Aluminum & Chemical Corporation's use of a pre-employment physical test that
23
has a disparate impact on women that cannot be justified by business necessity or
24 job-relatedness.
25

COMPLAINT - PAGE 1

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Diatrict Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (20e) 220-6911 TOO: (20B) 220-6882

CD

1

JURISDICTION AND VENUE

2

L Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§45l,

3 1331,1337,1343 and 1345. This action is authorized and instituted pursuant to

4 Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended,

5 42 U.S.C. §2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights

6 Act of199l, 42 U.S.C. §1981A.

7

2. The employment practices alleged to be unlawful were committed

8 within the jurisdiction of the United States District Court for the Eastern District

9 of Washington at Spokane.

10

PARTIES

11

3. Plaintiff, the Equal Employment Opportunity Commission (the

12 "Commission"), is the agency of the United States of America charged with the

13 administration, interpretation and enforcement of Title VII and is expressly

14 authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C.

15 S§2000e-5(f)(1) and (3).

16

4. At all relevant times, defendant, Kaiser Aluminum & Chemical

17 Corporation, (the "Employer"), has continuously been a Delaware corporation

18 doing business in the State of Washington, and has continuously had at least 15

19 employees.

20

5. At all relevant times, defendant Employer has continuously been an

21 employer engaged in an industry affecting commerce within the meaning of

22 Sections 70l(b), (g) and (h)

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

24

STATEMENT OF CLAIMS

25

6. More than thirty days prior to the institution of this lawsuit, Kelly

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 TOO: (20B) 220-6882

1 Flynn filed a charge with the Commission alleging violations of Title VII by

2 defendant Employer. All conditions precedent to the institution of this lawsuit

3 have been fulfilled.

4

7. Since at least 1995, defendant Employer has engaged in unlawful

5 employment practices at its Trentwood, Washington facility, in violation of703(a)

6 of Title VII, 42 U.S.C. §2000e-2(a). These practices include Kaiser's use of a pre-

7 employment physical test that has an adverse impact on female applicants that

8 cannot be justified by business necessity or job-relatedness.

9

8. The effect of the practices complained of in paragraph 7 above has

10 been to deprive Kelly Flynn and a group of similarly situated female applicants of

11 equal employment opportunities and otherwise adversely affect their status as

12 applicants, because oftheir sex (female).

13

PRAYER FOR RELIEF

14

Wherefore, the Commission respectfully requests that this Court:

15

A. Grant a permanent injunction enjoining defendant Employer, its

16 officers, successors, assigns, and all persons in active concert or participation with

17 it, from engaging in any employment practice which discriminates on the basis of

18 sex.

19

B. Order defendant Employer to institute and carry out policies,

20 practices, and programs which provide equal employment opportunities for female

21 applicants, and which eradicate the effects of its past and present unlawful

22 employment practices.

23

C. Order Defendant Employer to make whole Kelly Flynn and a group

24 of similarly situated female applicants for positions with Defendant, by providing

25 appropriate backpay with prejudgment interest, in amounts to be determined at

COMPLAINT - PAGE 3

u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SeattJ. District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone; (206) 220-6883
Facsimile; (205) 220-6911 TOO; (205) 220-6882

1 trial, and other affirmative relief necessary to eradicate the effects of its unlawful

2 employment practices.

3

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

4 the public interest.

5

E. Award the Commission its costs of this action.

6

DATED this!1!!:.day of.:£uW./

, 1999.

7 A. LUIS LUCERO, JR.
8 Regional Attorney

C. GREGORY STEWART General Counsel

9 CLAIRE CORDON Supervisory Trial Attorney
10
KATHRYN OLSON 11 Senior Trial Attorney

GWENDOLYN YOUNG REAMS Associate General Counsel

12 BY:£! .~/\j«c.V<.<>9z

13 EQUAL EMPLOYMENT /

14 OPPORTUNITY COMMISSION

Seattle District Office

Office of the General Counsel

15 909 First Avenue, Suite 400

1801 "L" Street NW

Seattle, Washington 98104

Washington, D.C. 20507

16

Telephone (206) 220-6915

17 Attorneys for Plaintiff

18

19

20

21

22

23

24

25

COMPLAINT - PAGE 4

u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
S••ttle District Office 909 First Avenue, Suite 400 Seanle, Washington 98104-1061 Telephone; (206) 220-6883
Facsimile: (206) 220-6911 TOO: (206) 220-6882

 
 1

2

3

4

5

6

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF WASHINGTON

7

8

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

9

Plaintiff,

NO. CS-99-0169-EFS

10

v.

11 KELLY FLYNN, APRIL DAVIS AND 12 PEGGY MILLER,

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND FOR SANCTIONS

13

PlaintiffIntervenors

14

v.

15 KAISER ALUMINUM & CHEMICAL

16

CORPORATION, a Delaware corporation

17

Defendant.

18

19

On November 20, 2000, the Court held a telephonic conference

20 regarding discovery issues raised by the parties. Plaintiff Equal

21 Employment Opportunity Commission ("EEOC") was represented by Zulema

22 Hinojos-Fall. Plaintiff Intervenors Flynn, Davis and Miller were

23 represented by Jeffry K. Finer. Defendant Kaiser Aluminum & Chemical

24 Corporation ("Kaiser") was represented by Charles G. Williams. This

25 Order memorializes and supplements the oral rulings of the Court.

26

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO COMPEL
DISCOVERY AND FOR SANCTIONS * 1

1

The Court considered EEOC's Motion for Order to Compel Discovery

2 and For Sanctions, (Ct. Rec. ), filed on or about November 20, 2000,

3 EEOC's Motion and Order to Shorten Time, (Ct. Rec. ), filed on or

4 about November 20, 2000, and Kaiser's November 20, 2000, letter

5 request for protective order and a discovery referee. The Court

6 issued rulings on EEOC's motions. However, because Kaiser's requests

7 for protective order and for a discovery referee were presented in a

8 letter, the Court declined to treat them as a motion and did not rule

9 on them.

10

For the reasons stated on the record,

11

IT IS ORDERED:

12

1. Plaintiff's Motion and Order to Shorten Time, (ct. Rec. __),

13 filed on or about November 20, 2000, is GRANTED.

14

2. Plaintiff EEOC's Motion for Order to Compel Discovery and For

15 Sanctions, (Ct. Rec. __), filed on or about November 20, 2000, is

16 GRANTED in part and DENIED in part.

17

a. The deposition of Ms. Dorothea Walters shall commence

18

no later than 9:30 a.m. on December 5, 2000, and shall

19

conclude by 5:00 p.m. that same day.

20

b. The deposition of Ms. Kathryn Genteman shall commence

21

at noon on December 7, 2000, and shall conclude by 6:00

22

p.m. that same day. Should Ms. Genteman so request,

23

the parties shall provide her with at least three

24

25

II

breaks of fifteen minutes.

26

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO COMPEL
DISCOVERY AND FOR SANCTIONS * 2

1

c. Plaintiff's motion to compel Defendant to fully answer

2

Plaintiff's First Set of Interrogatories and Requests

3

for Production is DENIED as premature.

4

d. Plaintiff's motion for sanctions for Mr. Charles G.

5

Williams' failure to appear at the on-site visit of Jim

6

Strandy's physical therapy offices on November 16,

7

2000, is DENIED.

8

e. No fees, costs or sanctions are awarded at this time.

9

IT IS SO ORDERED. The District Court Executive is hereby

10 directed to enter this Order and to furnish copies to counsel.

11

DATED this ~~day of November 2000.

12

~~

13

EDWARD F. SHEA

14

United States District Judge

15
Q:\Civil\1999\CS-0169.ord.mtn compel.wpd
16

17

18

19

20

21

22

23

24

25

26

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO COMPEL
DISCOVERY AND FOR SANCTIONS * 3

 
 ORIGINAL

A. LUIS LUCERO, JR., REGIONAL ATTORNEY 2 BARBARA 1. STANDAL, SUPERVISORY TRIAL ATTORNEY
ZULEMA HINOJOS-FALL, SENIOR TRIAL ATTORNEY 3 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
909 FIRST AVENUE, SUITE 400 4 SEATTLE, WASHINGTON 98104
TELEPHONE: (206) 220-6937
5
Attorneys for PI aintiff
6

7

8

9

10 EQUAL EMPLOYMENT OPPORTUNITY)

COMMISSION,

)

11

~

12

Plaintiff,

)

)

13

v.

)

)

14 KAISER ALUMINUM & CHEMICAL )

CORPORATION

)

15 16

Defendant.

~

CIVIL NO. CS-99-0169-EFS
CONSENT DECREE May 10, 2001

17

I. INTRODUCTIOX

18

1. This action was filed on June 11, 1999, under Title VII of the Civil

19 Rights Act of 1964,42 U.S.c. Section 2000 (e) et seq. (as amended), by the Equal

20 Employment Opportunity Commission (the "Commission" or "EEOC") to

21 challenge a pre-employment physical strength examination ("PCE") used by

22 Defendant Kaiser Aluminum & Chemical Corporation (the "Defendant" or

23 "Kaiser"), on the grounds that the exam unlawfully discriminated against women.

24 The complaint alleges that Kaiser's Trentwood Washington racility engaged in 25 unlawful emploY~ef9\~ough Kaiser's use of a pre-employment, (post-

CONSE"T DECREE-- I

u.s. EQUAl EMPLOYMENT OPrORTUOIITY COMMISSIOOI sea.ttt.>v iID"ict Of'fi<»
909 First A~nue, Suite 400 Seattle, Washington 96104-1061
Telephol'le:: (206) 220-6883
facsimile: (206) 220-6911 TDD: (206) 220-6682

1 offer medical screening) physical strength examination that had an adverse impact

2 on female applicants which cannot be justified by business necessity or job

3 relatedness.

4

2. This action originated with a discrimination charge by Kelly Flynn

5 (the "Charging Party") filed with the EEOC on June 4, 1997. Flynn alleged that

6 Kaiser discriminated against her on the basis of Kaiser's PCE, used to screen

7 applicants seeking entry level positions at Kaiser's Trentwood, Washington

8 facility.

9

3. The PCE, as used by Kaiser's Trentwood Washington facility, is one

10 component of the post-offer medical screening process and is administered by a

11 physical therapist. From 1995 to 1999, the PCE consisted of three segments, the

12 first two of which were used for "information" only and were not part of the actual

13 exam. The third segment of the PCE, which was the pass/fail portion of the exam,

14 consisted offour physical tasks which focused on body strength.

15

4. The EEOC conducted an investigation of the charge and issued a

16 Letter of Detelmination on March 26, 1999. Following unsuccessful conciliation

17 efforts, the EEOC instituted this class action suit challenging Kaiser's use of the

18 PCE as discriminatory as to Kelly Flynn and a group of similarly situated female

19 applicants.

20

5. On October 21,1999, the Court granted Kelly Flynn, April Davis,

21 and Peggy Miller (collectively "PlaintiffIntervenors"), the right to intervene as a

22 party Plaintiff to assert individual claims under Title VII.

23

6.

The EEOC and Kaiser, (collectively, "The Parties") want to

24 conclude all claims arising out of the above charges without expending further

25 resources in litigation. The Parties agree that entry of the Consent Decree will be

CONSENT DECREE-- 2

u.s. EQUAL tI>.fPLOYMENT O1'P01<TUNI7Y COMMISSION S~V4t>-ict'~ 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (Z06) 220-6911 TDD: (206) 220-6882

in the interest of the parties and will further the objectives of equal employment

2 opportunity as set forth in Title VII. In recognition of Title VII objectives, the

3 EEOC recognizes that the interests of the unidentified class are best served by a

4 settlement providing injunctive relief as outlined below in section IV.

5 II. NONADMISSION OF LIABILITY AND NONDETERMINATION BY

THE COURT

6

7. This Consent Decree is not an admission of wrongdoing nor an

7 adjudication or finding on the merits of the case. Wherever Kaiser is referred to in

8 this Consent Decree, it applies only to Kaiser's Trentwood Washington facility.

9 Wherever applicants are referred to in this Consent Decree it applies only to

10 hourly production workers at Kaiser's Trentwood Washington facility.

11

III. GENERAL PROVISIONS

12

8. Nothing in this Consent Decree shall be construed to limit or reduce

13 Kaiser's obligation to fully comply with Title VII of the 1964 Civil Rights Act, as

14 amended, the Equal Pay Act, the Age Discrimination in Employment Act, the

15 Americans with Disabilities Act, or the regulations promulgated pursuant thereto.

16

9. Kaiser agrees that there will be no retaliation of any kind against any

17 person who provided information or assistance or filed a charge, participated in

18 any manner in any proceeding or investigation related to this litigation, or received

19 relief pursuant to this agreement.

20

10. This Consent Decree in no way affects EEOC's right to process, in

21 accordance with standard Commission procedures, charges filed by individuals

22 against Kaiser alleging violations of Title VII. Charges include those pending as

23 of the effective date of the agreement and those filed in the future. Processing

24 includes the administrative investigation, conciliation and commencement of civil

25 actions on the basis of such charges.

COJ\SENT DECREE-- 3

U.S. EQUAL EMPLOYMENT OWO/<TWJI7Y COMMISSION S....ttt.-Vi«>id' ~
909 First Avenue:, Suit~ 400
Seattle, WashIngton 98104-1061 Telephone.: (206) 220-6883 Facsimile; (206) 220-6921 TDD: (206) 220-6882

1

11. If the EEOC concludes that Kaiser has failed to comply with this

2 Consent Decree, the EEOC may bring an action in the U.S. District Court for the

3 Eastern District of Washington at Spokane to enforce this agreement after

4 compliance with the terms in Section VIII, Dispute Resolution Procedures.

5

12. If one or more provisions ofthis Consent Decree are rendered

6 unlawful or unenforceable by an Act of Congress, a decision of the United States

7 Supreme Court, or any other court of competent jurisdiction, the parties shall

8 attempt to agree upon what amendments to the Consent Decree, if any, are

9 appropriate to effectuate the purposes of the Consent Decree. In any event, the

10 remaining provisions will remain in full force and effect.

11

13. This Consent Decree constitutes the complete understanding between

12 Kaiser's Trentwood, Washington facility and the EEOC with respect to matters

13 herein. No waiver, modification or amendment to any provisions of this Consent

14 Decree will be effective unless it is agreed to in accordance with provisions of

15 Section IX, Agreement Amendment Procedures.

16

14. This Consent Decree is the product of negotiation. Concepts

17 developed and definitions used are solely for the purpose of implementing and

18 interpreting this Consent Decree.

19

IV. INJUNCTIVE RELIEF

20

A. THE PHYSICAL CAPABILITIES EXAM

21

15. Kaiser will not administer a PCE exam to any new hourly production

22 worker applicants during the period that this consent decree is in effect unless

23 Kaiser has reassessed its needs for a PCE exam through a task and job analysis

24 study, a validation process, and met all the conditions outlined below. For

25 purposes of this Consent Decree, "new applicants" are any and all applicants for

CONSENT DECREE-- 4

U.S. "QUAL EMPLOYMeNT 01'1'ORTUNITY COMMISSION S~V-=~
909 first Avenue, SUIte 400 Seattle, WllShington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TeD: (206) 220-6882

1 employment who are not currently subject to, or do not currently possess any

2 rights to, a recall or preferred hiring pursuant to any collective bargaining

3 agreement between Kaiser and any collective bargaining uni t as of the day of entry

4 of this Consent Decree.

5

(A) Within three months of the entry of this Consent Decree, the EEOC

6 and Kaiser shall each identify two industrial experts and exchange Rule 26(a)(2)

7 expert disclosure information as to each of the two names identified by each party.

8 The EEOC and Kaiser will each submit their two experts' names to a neutral third

9 party, John Aslin, a Seattle attorney, who will select one of the experts from the

10 total offour names submitted to him by the parties. The EEOC and Kaiser may

11 provide, if they choose, written briefing to John Aslin in support of their proposed

12 experts.

13

Should Kaiser elect to administer a PCE to new hourly production

14 worker applicants during the three year period ofthe Consent Decree, John Aslin

15 will have final selection authority, binding on the EEOC and Kaiser to appoint an

16 industrial expert to review and develop a new PCE. The expert selected by John

17 Aslin will have full access to data and may review the job and task analysis and

18 validation study required of any new physical strength measurement to be used by

19 Kaiser as a component of the new PCE. Kaiser will bear the costs of such a

20 validation study, including the reasonable fees and expenses of such expert.

21

(B)

The industrial expert shall review any PCE to be implemented by

22 Kaiser to new hourly production worker applicants for the purpose of validating

23 any physical strength selection criteria and shall review all validation conclusions,

24 including underlying data (in computer ready format), reports, methodological

25 considerations, disparate impact information, and the consideration ofless

CONSENT DECREE-- 5

u.s. EQUAL EMPLoYMENT 01'1'ORTUNnY COMMISSION S_V_ia~ 909 First Aven..Je, Surte 400 Seattle, WQ:lnington 98104-1061 Telephone: (206) 220-6883 Facsimile: (206) 220-69!1 Tt>D. (206) 220-6882

1 restrictive alternatives.

2

(e)

Kaiser shall incorporate the recommendations made by the

3 industrial expert in any physical strength exam selected for pre-employment

4 screenmg.

5

(D)

Any physical strength measurement adopted by Kaiser will be

6 supported by evidence that it has been validated as a pre-employment selection

7 device.

8

(E)

Any physical strength requirements adopted by Kaiser shall be

9 measured to determine any disparate impact on females applicants and shall

10 include all less restrictive alternatives considered by Kaiser and the exam

11 developers.

12

(F)

Kaiser shall incorporate the following recommendations in any

13 physical strength exam selected for pre-employment screening.

14

1. The revised peE must comply with the UnifOlm Guidelines on

15

Employee Selection Procedures (UGESP).

16

2. Job relatedness must be established between the job and the peE

17

that is created before it is imposed on new hourly production

18

worker applicants. The job relatedness must be clear, direct and

19

lead logically, step-by-step, from the findings reported in the job

20

analyses to the outcome.

21

3. The peE exam must be administered in a consistent manner to

22

all new hourly production worker applicants at all times. An

23

exact script and checklist must be developed and exam

24

administrators must be instructed to follow the script and

25

checklist without exception.

CONSEl\'T DECREE·· 6

U.S. EQUAL EMPLoYMENT OPPORTUNITY COMMISSION
SO«ttl&V_ict'~ 909 First A...e,,~, SI.lite 400
Seo.ttle, WQshir.:;Jton 98104-1061 Telephone: (206) 220-6883
Fa.csimile: (206) 220-6911 roD: (206) 220-6882

1

4. All PCE exam administrators must be qualified consistent with

2

the recommendations of the industrial expert. Qualifications must

3

be reviewed annually.

4

5. Kaiser shall create a booklet or video for applicants, which

5

describes in detail the pre-employment, post offer, physical

6

abilities screening procedures. The booklet or video should

7

provide examples of activities that will help new applicants

8

prepare for the physical demands of the PCE exam. This booklet

9

or video will be made available to applicants at the time of the

10

employment offer.

11

6. A complaint procedure must be put in place for the review of

12

complaints from applicants who fail the PCE exam. At the new

13

applicant's request, a re-test may be scheduled within two (2)

14

weeks of the initial PCE exam.

15

B. TRAINING AND AWARENESS PROGRAM

16

16. To further the purposes and requirements of this Consent Decree,

17 Kaiser will provide training to all staff management employees and to all

18 personnel in the Kaiser Medical and Human Resources Departments regarding the

19 applicability of Title VII.

20

17. The objectives of this training will be to convey Kaiser's conunitment

21 to the personnel policies and procedures established by this Consent Decree and to

22 provide information and guidance on how to carry out those policies. Each

23 training session will begin with a presentation by a high-ranking Kaiser official

24 emphasizing Kaiser's commitment to the provisions of the Consent Decree and to

25

CO~SENT DECREE-- 7

U.S. EQUAL ,,"PLOY"ENT OPPORTUNITY CO""ISSION
Se.a.t/.U..V_=~ 909 First Avel'1l..l€, .51.ute: 400 Seattle, Washington 96104-1061 Te:lephIJne: (206) 220-0663
Fllcsim,le. (ZOo) 220-69t1 ThD: (206} 220-6662

1 conduct hiring, job assignment, training and promotion practices in a non-

2 discriminatory manner.

3

18. Kaiser will utilize outside resources to assist with the development of

4 this training. As soon as possible after the effective date of the Consent Decree,

5 the Commission, Kaiser, and any other individuals involved in developing the

6 training will discuss the objectives of the training and the concepts and approaches

7 to be used. Kaiser will provide to the Commission, within one hundred and

8 twenty days (120) days of the effective date of this Consent Decree, a detailed

9 outline of the training to be given. Within thirty (30) days of receipt of the outline

10 the EEOC may provide any comments to Kaiser with respect to the substance of

11 the training as outlined, which Kaiser will consider. Kaiser will provide to the

12 EEOC a copy of the materials to be used in the training. Before conducting any

13 training under this Consent Decree, Kaiser will provide the EEOC with any

14 revisions to such materials prior to implementing the revisions. Kaiser will

15 provide information concerning the scheduled training locations, dates, and times

16 to the EEOC.

17

19. The training outlined above will be conducted annually during the three

18 year period of this Consent Decree.

19

C. JOB OPPORTUNITIES

20

20. Kaiser will create a preferential hiring status for Kelly Flynn, April

21 Davis and Peggy Miller (Plaintiff Intervenors) for employment at Kaiser's

22 Trentwood Washington facility. The preferential hiring status will place Flynn,

23 Davis and Miller ahead of any new applicants for hourly production employment

24 at the Trentwood plant from the date this consent decree is entered to a period of

25 two (2) years beyond the expiration of any re-call rights held by Trentwood

CONSENT DECREE·· 8

U.S. EQUAL El-trWYMENT OPl'Ol'-TUNITY COl-tl-tISSION
S_Vi4trid~ 909 First A...en.Je, Suite 400
Seattle, WaShington 98104-1061 Tele:phot'le: (206) 220-6883
Fncsimile: (Z06) 220-6911
TOD: (206) 220-6882

1 employees under the Collective Bargaining Agreement in effect at the time of the

2 entry of this Consent Decree. The preferential hiring status of PIaintiff-Intervenors

3 extends beyond the three year expiration of this Consent Decree.

4

The parties recognize that as a prerequisite to obtaining employment

5 with Kaiser, Plaintiff Intervenors must demonstrate their ability to perform the

6 essential functions of the job at issue, including the successful completion of the

7 revised Physical Capabilities Exam.

S 21. Within thirty days (30) after entry of this Consent Decree, those Plaintiff

9 Intervenors interested in employment with Kaiser will contact Kaiser in \\-Titing to

10 express their interest in securing employment and will indicate the position(s) for

11 which the person desires consideration. Before the time it becomes necessary for

12 Kaiser to hire any new hourly production worker applicants, a Kaiser

13 representative will contact Kelly Flynn, Peggy Miller, and April Davis, in writing,

14 if they have expressed interest in employment with Kaiser, to set up a formal job

15 interview. Each PlaintiffIntervenor who desires employment with Kaiser will go

16 through Kaiser's standard interview process, including the revised Physical

17 Capabilities Exam. In the event that Kaiser decides that a Plaintiff Intervenor is

18 not qualified for employment for the position(s) for which the Plaintiff-Intervenor

19 seeks consideration due to a lack of physical ability, the industrial expert selected

20 by the parties to review and develop the new Physical Capabilities Exam, as

21 described in Section IV, shall review the rejection of any PlaintiffIntervenor for

22 employment and resolve any disputes between the parties as to the qualifications 23 of those Plaintiff Intervenors.

24

25

CONSE~T DECREE-- 9

U.S. EQUAL EMPLOYMENT 01'1'01<TUNITY COMMISSION SU.tt!e-V=~ 909 First Avenue, Suite 400
5~ttle, WolShlngton 98104-106!
Telephone: (206) 220-6883
Facsimile: (206) 220-69H TDD: (20b) 220-6882

1

V. ADMINISTRAnON OF THE CONSENT DECREE

2

22. Kaiser will be fully responsible for implementing this Consent Decree

3 and has appointed Dave Hamrick, Kaiser's Manager of Human Resources, as its

4 Consent Decree Administrator.

5

23. To assist the Consent Decree Administrator in assuring compliance

6 with the Consent Decree, Kaiser will make available outside resources on equal

7 employment law or practice.

8

24. Kaiser will provide the Consent Decree Administrator with all support

9 necessary to carry out his duties under the Consent Decree, including:

\0

a. Preparation of all reports required by the Consent Decree

11

Administrator,

12

b. Administrative and professional support as needed; and,

13

c. Access to personnel officials, managers, and other employees.

14

25. The Consent Decree Administrator's major areas of responsibility will

15 include:

16

a. Preparation and submission to EEOC of the reports on

17

compliance with this Consent Decree as set forth in Section VI,

18

Reporting and Record Keeping;

19

b. Providing information to employees concerning Kaiser's

20

obligations under the Consent Decree;

21

c. Responding to employee inquiries concerning the provisions of

22

this Consent Decree;

23

d. Participating in training sponsored by Kaiser as provided for in

24

this Consent Decree;

25

CONSENT DECREE-- 10

U.S. EQUAL EI-iPLOYl-lfNT OPPOIl.TUNITY COMMISSION S~VM"'c'~ 909 First AIleI'lJe, StJite 400
Seattle, Washington 9B104-1061 Telephone:: (206) 220-6BB3
Fncsimile: (206) 220-6911
T()D: (206) 220-6BB2

e. Investigating complaints regarding possible violations of the

2

Consent Decree and reporting the results of the investigations to

3

appropriate supervisors at Kaiser.

4

f. Reporting discipline to supervisors, managers, and any other

5

employees for Consent Decree violations and violations of

6

Kaiser's non-discrimination policy;

7

g. Participating in discussions held among the parties to implement

8

the Consent Decree, to resolve disputes under the Consent Decree

9

or to otherwise amend the Consent Decree; and,

10

h. Annually reviewing the operation of policies as they relate to this

11

Consent Decree and identifying in writing to EEOC any

12

modifications or enhancements which serve to advance the

13

purposes of this Consent Decree.

14 VI. REPORTING. RECORD KEEPING AND COMPLIANCE REVIEW

15

26. The reports to be submitted by Kaiser on an annual basis during the

16 three year term of this Consent Decree, as provided in this section, will be

17 forwarded so as to arrive at the EEOC within thirty (30) days after the close of the

18 reporting period.

19

27. During the term of this Consent Decree, Kaiser will provide the EEOC

20 with the following items:

21

a. An annual report that includes sufficient identifying information

22

on new hourly production worker applicants to whom conditional

23

offers of employment were extended and later withdrawn for

24

failure to pass a strength exam or the revised version of the PCE

25

during the annual period. This report shall be due within thirty

COl,SENT DECREE-- II

U.S. EQUAL EMPLOYl-ffNT OPP01<TUNITY COMMLS5ION
5....tt!e- V~ Off'i.=
909 fIrst Avenue, Suite 400 Soottle. WashIngton 9al04~2061
Telephone.: (206) 220-6a83
Fa,simile: (206) 220-6911 TDD: (206) 220-6882

1

(30) days of the one-year period follO\ving the effective date of

2

this Consent Decree and within thirty (30) days of the

3

succeeding one-year periods during the three year pendency of

4

this Consent Decree.

5

b. A report providing the reason(s) for withdrawing the offers of

6

employment identified in the above subparagraph.

7

c. A report explaining the review procedure done by Kaiser's

8

Human Resources Department and the administrator of the

9

revised PCE, the assessment made based upon that review, and

10

any recommendations made by the industrial expert to revise

11

Kaiser's existing Medical Screening Process.

12

d. A report of all training activities held during the three year period

13

of this Consent Decree.

14

28. For the duration of this Consent Decree, the EEOC shall have the right

15 to conduct two (2) on-site reviews within any twelve (12) month period, including

16 conducting interviews, attending training held pursuant to the Consent Decree, and

17 examining documents and data maintained by Kaiser pursuant to this Consent

18 Decree and EEOC regulations for the purpose of confirming compliance wi th this

19 Consent Decree. The EEOC agrees that it will provide thirty (30) days notice to

20 Kaiser's attorney before conducting any review.

21

29. After the expiration of this Consent Decree, records will be maintained

22 by Kaiser as required by law.

23

VII. SETTLEMENT NOTICE

24

30. Kaiser shall provide notice to employees of the Medical Department

25 and the Human Resources Department, in the form attached hereto as Exhibit A,

CONSENT DECREE-- 12

U.S. EQUAL EMPLOYMENT OPPORTUNITY coMMISSION
S...xtie- Vi4tY£d' Of/k.<>
909 First Avenue, Suite 40(1
Se4ttle. Washln!F1'0n 98104-1061
Telephone.: (206) 220-6aa3
Facsimile: (206) 220-6911 TDD: (206) 220-6aBZ

1 that it has settled this Title VII action and shall distribute a copy of this Consent

2 Decree to each such employee.

3

31. In any employment advertisements that it may run, Kaiser shall include

4 information that it is an equal opportunity employer.

5

VIII. DISPUTE RESOLUTION PROCEDURES

6

32. Any party shall have the right to initiate an action pursuant to the

7 Court's continuing jurisdiction for an unresolved dispute or for non-compliance

8 regarding any provision of the Consent Decree, as follows:

9

a. If one party believes that there is an issue to resolve, it shall

10

promptly give notice, in writing, to the other parties regarding (1)

11

the specific provision which it believes has not been met, and (2)

12

a complete factual statement of the issue.

13

b. The parties shall promptly undertake efforts to resolve the areas

14

of dispute or alleged non-compliance, through meetings,

15

mediation or other appropriate means for a period of thirty days.

16

c. If one party determines that efforts to resolve the matter have

17

failed, the party so finding shall notify the other parties in writing

18

of such failure to resol ve the matter.

19

IX. AGREEMENT AMENDMENT PROCEDURES

20

33_ This Consent Decree may be modified only by mutual written

21 agreement between the EEOC and Kaiser, or by motion to the Court.

22

34. Any modification to the Consent Decree is subject to approval by the

23 Court.

24

25

CONSEI\T DECREE-- !3

u.s. EQUAL EIoIPLOYIoiENT OPPORTUNITI' cOloilolrSSION
S~V_iA;tOffi<» 909 First Al'eflJe, SUite: 400
Seattle, WO!!lhington 98104-1061 Telephone: (206) 220-6663 Fncsimile: (Z06) ZZO-69U TD{). (206) 220-6682

1

X. DURATION OF THE AGREEMENT

2

35. This Consent Decree will become effective on the date the Consent

3 Decree is entered by the United States District Court for the Eastern District of

4 Washington at Spokane, and will remain in effect for a period of three (3) years

1(1 5 until

~ 2.~fx~;pt that as provided for in this Consent Decree, under

6 Section IV, C, (Injunctive Relief, Job Opportunities), the preferential hiring status

7 of Plaintiff-Intervenors extends beyond the three year period of this Consent

8 Decree to a period of two (2) years beyond the expiration of any re-call rights held

9 by Kaiser's Trentwood Washington employees under the Collective Bargaining

10 Agreement in effect at the time of the entry of this Consent Decree. If any party

11 petitions the Court for breach of the decree, and the Court finds a violation of the

12 tenns of the decree, the Court may extend the duration of the decree.

13

XI. RETENTION OF JURISDICTION

14

36. The United States District Court for the Eastern District of Washington

15 at Spokane, shall retain jurisdiction over this matter for the duration of the

16 Consent Decree and for the duration of the preferential hiring status rights of

17 Plaintiff-Intervenors as provided under Section IV, C of this Consent Decree.

18 ! II

19 ! / I

20 1//

21 11/

22

23

24

25

CONSEl\T DECREE·· 14

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SeattlhDi4tYid' Of/'i=
909 First Averne, Suite: 400 Seattle., Washington 96104-1061
Tele:prn:.roe:: (206) 220-6883
Fncsim.le:: (206) 220-6911 T[)[): (206) 220-6882

----fM+. ....Q.A1-+--' 2001.
GWENDOLYN YOUNG REAMS Associate General Counsel

Office of the General Counsel 180 I "L" Street NW
Washington, D.C. 20507

11

Attorneys for Plaintiff

12
John C. Fox 13 Charles G. Williams
Fenwick & WEST LLP
14
Two Palo Alto Square 15 Palo Alto, CA 94306

Michael F. Nienstedt Jeffrey L. Supinger Witherspoon, Kelly, Davenport &
Toole 1100 U.S. Bank Building Spokane, WA 99201

16

17 BY: ArUtt=orn=e::Cy=s"fo=-=r: -"lDF'<"": Cefl':e=n-: IaC: :an=-:;t:--
18

BY: 'A"'t:-:to=-=rn=eC::yC"c:s:-Of""'o-=-rrD"e"'te'="'n-:-caar:=n7t - -

19

20

21

22

23

24

25

CONSENT DECREE-- 15

U.S. EQtlAL EMPLOYMENT OWORWNITY COMMISSION Sea.ttU>V_=~
909 First Avenue, Suite 400 Seo.ttle, Woshiflgton 98104-1061
Tele.phone: (206) 220-6BB3 Fucsimde.: (Z06) 220-6911 TDb: (Z06) 220-6BB2

~ay-l~-1001 11:11am From-7th FLOOR 80

+

7-951 P 0011003 H51

1

DATED this _ _ daY of _ _ _ _ _--', 2001.

2 A. LUIS LUCERO, JR.
Resillnal Attorney
3
BARBARA 1 STANDAL 4 Supervisory Trial Attorney

GWENDOLYN YOlJNG REAMS Associate General Counsel

5 ZULEMA HINOJOS-I"ALL Senior Trial Attorney
~ BY: eJ C$tuiv(Jpod1) ~
EOUAL EMPLOYMENT
8 OPPOR.TUNITY COMMISSION
Seattle District Office 9 909 First Avenue, Suite 400
Seanle. WA 98104-1061

Office ofthe General Counsel
1801 ""L" Street NW Washington, D.C. 20507

Attorneys for Plailltiff

Michael F. NiCll-Stedt Jeffrey L. Sup~ Witherspoon, Kelly, Davenporr & Toole
1100 U.S. Bank Building Spokane. WA 99201

BY:
·A"ttO=m::;e:;:"y:;;-s~for~oet~l':::ena=an=t--

CONSI>N1" DOCllEE-· I~

Frar106U06911

tts. fQU4~ atl'1.tlYHaIT 0II'I'0ft::~Jf!
'iQIiI FaI" ~ .$tom- 4GC ~. "~Inb""" 5t11:1:M-~
'-_ _1·2O»11S
~~)~~
"\"M' (2OO1Ul>-<olR
PiP 0J6

"u' WlTHERSPOON KELLY

1ir 4582728

IlAV·IO·OI lo,n "omi~U(; iUY I" "trot

I

DATED this _ day of~_ _~_~. 2001.

2 A. LUIS LUCERO, JR. Regional Anomey
3
BARBARA 1. STANDAL 4 Supervisory Trial Attorney

GWENDOLYN VOUNG REAMS Associate General Counsel

5 ZULEMA HINOJOS·FALL

6 Senior Trial ~Att~mey

~

BY: tl. C\t.t<& cJ.mun

7 EOUAL EMPLOYMENT 8 oiiPORTUNlTY COMMISSION
Seattle District Office I) 909 First Avenue, Suite 400
Seattle, WA 98104-1061
10

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

11

Attorneys for Plaintiff

II
Jotm C. Fox
13 Charles G. Williams Fenwick & WEST LLP
14
Two Palo Alto Square
IS Palo Alto, CA 04)06

Michael F. Nienatcdt Jeffrey L. Supinger Witherspoon, Kelly. Davenport &
Toole \ 100 U.S. Bank Building
Spokane, WA 99201

16

17 BY:
Ar""tto-m-ey-s......,..fo-r.!..)...e...,.re~n~d..a..n-t,.--

BY:

18

19

20

21

2Z 23

24

25

CONSENT DECRE!!·· \ 5
RECEIVED OATE : 05/10/01 10:22 fROM :2062206911

1

ORDER APPROVING CONSENT DECREE

2

The Court having considered the foregoing stipulated agreement of the

3 parties,

4

IT IS HEREBY ORDERED THAT the foregoing consent decree be, and the

5 same hereby is, approved as the final decree of this Court in full settlement ofthis 6 action. This lawsuit is hereby dismissed with prejudice. The Court retains

7 jurisdiction of this matter for purposes of enforcing the consent decree approved

8 herein.

':("fA.

9

K DATED this

day of

10

II
UNITED STATES DISTRICT JUDGE
12

13

14

15

16

17

18

19

20

21

22

23

24

25

CONSENT DECREE-- 16

u.s. EQUAL E"PLOY"ENT OP1'ORTUNITY CO""ISSION Se«t&-V_ict~ 909 First Aw:nUl!:, Suite 400 Seattle, Washington 98!04-1061 Telephone: (206) 220-6883 Facsimi Ie: (206) 220-6911 1DD: (Z06) 220-6882

WITHERSPOON KELLY
W.V-1Hl Ie:!?

05/10101 11 :43 IY :03/03 NO:154
... Of .... " . . . . ' ,

NOTICE TO ALL EMPLOYES

Thl. notice i. being pOlted pursuant to an IIgraament between Kaiser Aluminum &
Chemical Corporation and the Equal Employmant Oppor1unlty Commission as the result of. aatllement of a lawsuit pending In th.. federal district r;;ou rt for th.. EftRI"r.,
District of Washington, NO CS-99-0169-EFS.

Tille VII 01 the Civil Rights Act of 1964, as amended, the Age Discrimination in
Employment Act of 1967. the Equal Pay Act of 1963. and the Am$rlcans with
Disabilities Act of 1990 are enforced by the EEOC and require the follOWing:

That thare be no discrimination against any employee or applicant for employmanl becllluse of Iha amployww's raCIii. SIiIX, color. religion, national
origin. age (over age 40), or disability with respect to hiring. firing,
compenBatlon, or other terms. conditions or privileges of employment.

It ilan unlawful employment practice for an employer to retaliate against any
employe•• or appllcanti for employment because they have opposed a practice
or becauslI they ha'/e made a charge, testified, assisted, or participated in any manner In an Investigation, proceeding. or hearing under these statutes.

Kaiser Aluminum & Chemical Corporation will maintain a training program to train its
managers regarding the requ iremant!> of tho abovQ statuteII.

This notice 18 being posted because Kalsar Aluminum & Chemical Corporation auppClrt,

and will comply with thesa flilderallaws in all respects and will not take any retaliatory

action against employees because they have exercised their rights under the law.

~/O DATED

_,2001

Kaiser Aluminum & Chemical Corporation

RECEIVED DATE 05/10/01 10;22 fROM ;2062206911

 
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Eastern District of Washington U.S. District Court (Spokane) CIVIL DOCKET FOR CASE #: 2:99-cv-00169-EFS

CLOSED

Equal Employment v. Kaiser Aluminum Chem, et al Assigned to: Judge Edward F. Shea Demand: $0 Cause: 28:1343 Violation of Civil Rights

Date Filed: 06/11/1999 Date Terminated: 05/11/2001 Jury Demand: None 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 - SEA Seattle District Office 909 First Avenue Suite 400 Seattle, WA 98104 206-220-6878 Fax: 12062206911 Email: luis.lucero@eeoc.gov TERMINATED: 12/08/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Zulema Hinojos-Fall Equal Employment Opportunity Commission - SEA Seattle District Office 909 First Avenue Suite 400 Seattle, WA 98104 206-220-6883 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant Kaiser Aluminum & Chemical Corporation

represented by Charles Williams Fenwick & West LLP - CA(PA) Two Palo Alto Square Palo Alto, CA 94306 650-494-0600 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Intervenor Kelly Flynn
Intervenor April David
Intervenor Peggy Miller

Jeffrey Lawrence Supinger Witherspoon Kelley Davenport & Toole SPO 422 W Riverside Avenue Suite 1100 Spokane, WA 99201-0302 509-624-5265 Email: jls@wkdtlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Fox Fenwick & West LLP - CA(PA) Two Palo Alto Square Palo Alto, CA 94306 650-494-0600 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jeffry Keith Finer Jeffry Finer Law Office 505 W Riverside Suite 600 Spokane, WA 99201 509-747-4900 Fax: 15098382050 Email: jeffry@finer-bering.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jeffry Keith Finer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jeffry Keith Finer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/11/1999

#

Docket Text

1 COMPLAINT (Summons(es) issued) Fee-status: wv Receipt #: wv (FmrEmp) (Entered: 06/11/1999)

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06/15/1999 07/13/1999 07/23/1999 07/23/1999 07/23/1999 07/23/1999
08/17/1999
09/23/1999 10/05/1999 10/05/1999 10/13/1999 10/13/1999 10/13/1999 10/13/1999 10/14/1999
10/21/1999
10/21/1999

Law Clerk assigned to case is 02 KC (FmrEmp) Modified on 04/02/2001 (Entered: 06/15/1999)
2 ANSWER by defendant Kaiser Aluminum Chem (FmrEmp) (Entered: 07/14/1999)
3 MOTION by defendant Kaiser Aluminum Chem for attorney Charles Williams, John Fox to appear pro hac vice (FmrEmp) (Entered: 07/27/1999)
4 Declaration by defendant Kaiser Aluminum Chem re motion for attorney Charles Williams, John Fox to appear pro hac vice [3-1] (FmrEmp) (Entered: 07/27/1999)
5 Declaration by defendant Kaiser Aluminum Chem re motion for attorney Charles Williams, John Fox to appear pro hac vice [3-1] (FmrEmp) (Entered: 07/27/1999)
6 PROPOSED RECEIVED Order re: motion for attorney Charles Williams, John Fox to appear pro hac vice [3-1] submitted by defendant Kaiser Aluminum Chem (FmrEmp) (Entered: 07/27/1999)
7 ORDER by Judge Edward F. Shea granting motion for attorney Charles Williams, John Fox to appear pro hac vice [3-1] (cc: all counsel) (PP) (Entered: 08/18/1999)
Status Conference Notice ;telephonic status conf 11:00 10/14/99 Richland, WA (FmrEmp) (Entered: 09/23/1999)
8 Joint Initial Disclosure by plaintiff Equal Employment, defendant Kaiser Aluminum Chem pur. to FRCP 26 (FmrEmp) (Entered: 10/07/1999)
9 Joint Status Conference Certificate filed by plaintiff Equal Employment, defendant Kaiser Aluminum Chem (FmrEmp) (Entered: 10/07/1999)
10 MOTION to intervene (FmrEmp) (Entered: 10/14/1999)
11 PROPOSED RECEIVED Motion/Order re:intervention motion to intervene [10-1] (FmrEmp) (Entered: 10/14/1999)
12 Affidavit of Jeffry K. Finer regarding motion to intervene (FmrEmp) (Entered: 10/14/1999)
13 PROPOSED RECEIVED Stipulation & Order re: motion to intervene [10-1] (FmrEmp) (Entered: 10/14/1999)
14 MINUTES: Tele sched conf held before Judge Edward F. Shea Hrg Location: Spokane; Mia Bohn court reporter. Bench trial set for 2/05/01 (S/EFS) est. 10 days. (FmrEmp) (Entered: 10/15/1999)
15 Stipulation and ORDER by Judge Edward F. Shea : granting motion to intervene [10-1] plaintiff intervenors Kelly Flynn, April David, Peggy Miller COB: (cc: all counsel) (FmrEmp) (Entered: 10/25/1999)
16 Status Conference Order by Judge Edward F. Shea Disp mtn ddl: 9/1/2000; Mtn in limine ddl: 11/6/2000 ;discovery to be complete 7/31/00 ;pretrial conference 1/16/00 Spokane, WA ;proposed PTO due 1/11/00 ;trial 9:00 2/5/00 Spokane, WA (cc:all counsel) (FmrEmp) (Entered: 10/25/1999)

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10/26/1999 11/03/1999
05/01/2000 05/01/2000 05/05/2000
08/29/2000 08/29/2000 08/29/2000 08/29/2000 08/29/2000 08/30/2000 09/01/2000

17 Stipulation and ORDER to shorten time for hearing on Motion to Approve Stipulation and Order for Intervention by Judge Edward F. Shea (cc: all counsel) (FmrEmp) (Entered: 10/28/1999)
18 AMENDED SCHEDULING ORDER by Judge Edward F. Shea: Exchg of FRCP 26 by 11/12/99; Pla identify experts by 5/1/99, deft by 6/1/00; pla rebuttal experts by 6/16/00; Interragtories etc. by 6/21/00; Discovery to completed by 7/31/00; Disp mtn ddl filed and served by 9/1/00; Witness/Exhibit lists by 10/20/00; objs by 11/6/00 and will be heard at PTC; designations by 10/30/00, cross-designations by 11/9/00, objs by 11/16/00; Mtn in limine ddl: 11/6/00; Pretrial conference 10:00 1/16/01 WA; proposed PTO due 1/11/01 ; Bench Trial 9:00 2/5/01 Spokane, WA (cc:all counsel) (FmrEmp) (Entered: 11/08/1999)
19 Stipulation for Amendment of Scheduling Order by plaintiff Equal Employment, defendant Kaiser Aluminum Chem, intervenor Kelly Flynn, intervenor April David, intervenor Peggy Miller (FmrEmp) (Entered: 05/01/2000)
20 PROPOSED RECEIVED Order re: stipulation [19-1] submitted by plaintiff Equal Employment, defendant Kaiser Aluminum Chem, intervenor Kelly Flynn, intervenor April David, intervenor Peggy Miller (FmrEmp) (Entered: 05/01/2000)
21 Amended Status Conference Order by Judge Edward F. Shea Disp mtn ddl: 1/19/2001; Mtn in limine ddl: 4/9/2001 ; discovery to be complete 12/18/00 ;pretrial conference 10:00 5/25/01 Spokane, WA ;proposed PTO due 5/28/01 ;trial 9:00 6/18/01 Spokane, WA (cc:all counsel) (FmrEmp) (Entered: 05/10/2000)
22 Stipulation for Third Amendment of Scheduling Order by plaintiff Equal Employment, defendant Kaiser Aluminum Chem, intervenor Kelly Flynn, intervenor April David, intervenor Peggy Miller (PP) (Entered: 08/30/2000)
23 Declaration of Zulema Hinojos-Fall in Support of Joint Motion to Shorten Time. (PP) (Entered: 08/30/2000)
24 PROPOSED RECEIVED Order re: stipulation [22-1] submitted by plaintiff Equal Employment, defendant Kaiser Aluminum Chem, intervenor Kelly Flynn, intervenor April David, intervenor Peggy Miller (PP) (Entered: 08/30/2000)
25 Proof of service by plaintiff Equal Employment of: 22-25 (PP) (Entered: 08/30/2000)
26 MOTION by plaintiff Equal Employment, defendant Kaiser Aluminum Chem, intervenor Kelly Flynn, intervenor April David, intervenor Peggy Miller to expedite hearing on motion to approve stipulation to amend scheduling order (FmrEmp) (Entered: 08/30/2000)
27 PROPOSED RECEIVED M.Order re: motion to expedite hearing on motion to approve stipulation to amend scheduling order [26-1] submitted by plaintiff Equal Employment, defendant Kaiser Aluminum Chem, intervenor Kelly Flynn, intervenor April David, intervenor Peggy Miller (PP) (Entered: 08/30/2000)
28 ORDER by Judge Edward F. Shea granting motion to expedite hearing on motion to approve stipulation to amend scheduling order [26-1] (cc: all counsel) (FmrEmp) (Entered: 09/06/2000)

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09/01/2000 11/21/2000 11/22/2000 11/27/2000 11/27/2000 11/27/2000 11/27/2000 11/27/2000 12/08/2000 01/17/2001 01/17/2001 01/17/2001 01/17/2001 01/17/2001 01/22/2001

29 AMENDED SCHEDULING ORDER re: Rule 26(a) material, discovery, mediation and dispositive motions by Judge Edward F. Shea (cc: all counsel) (FmrEmp) (Entered: 09/06/2000)
30 ORDER granting in part and denying in part plaintiff's motion to compel discovery and for sanctions by Judge Edward F. Shea (cc: all counsel) (FmrEmp) (Entered: 11/22/2000)
31 MINUTES: Telephone conference before Judge Edward F. Shea Hrg Location: Richland; Mark Snover court reporter (FmrEmp) (Entered: 11/24/2000)
32 PROPOSED RECEIVED Order re: to compel Discovery and for Sanctions submitted by plaintiff Equal Employment (PP) (Entered: 11/30/2000)
33 PROPOSED RECEIVED memsup/Order re: Ct. Rec. 32 submitted by intervenor Kelly Flynn, intervenor April David, intervenor Peggy Miller (PP) (Entered: 11/30/2000)
34 PROPOSED RECEIVED M/Order re:To shorten Time submitted by intervenor Kelly Flynn, intervenor April David, intervenor Peggy Miller (PP) (Entered: 11/30/2000)
35 PROPOSED RECEIVED M/Order re:Compelling Discvoery andf or Sanctions submitted by intervenor Kelly Flynn, intervenor April David, intervenor Peggy Miller (PP) (Entered: 11/30/2000)
36 Declaration of Zulema Hinojos-Fall by intervenor Kelly Flynn, intervenor April David, intervenor Peggy Miller re document proposed [32-1] (PP) (Entered: 11/30/2000)
37 Substitution of counsel: Zulema Hinojos-Fall replacing attorney A Luis Lucero for Equal Employment (PP) (Entered: 12/11/2000)
38 STIPULATED MOTION(and proposed order) to shorten time on joint motion to approve stipulation and order for fourth amended scheduling order (LAM) (Entered: 01/17/2001)
39 PROPOSED RECEIVED 4th Amd. Sched Order re: (FmrEmp) (Entered: 01/18/2001)
40 Stipulation to Amend Scheduling Order by plaintiff Equal Employment, defendant Kaiser Aluminum Chem, intervenor Kelly Flynn, intervenor April David, intervenor Peggy Miller (FmrEmp) (Entered: 01/18/2001)
41 Declaration of Zulema Hinojos-Fall by plaintiff Equal Employment re stipulation [40-1] (FmrEmp) (Entered: 01/18/2001)
42 Proof of service by plaintiff Equal Employment, defendant Kaiser Aluminum Chem, intervenor Kelly Flynn, intervenor April David, intervenor Peggy Miller of: documents 39-41 (FmrEmp) (Entered: 01/18/2001)
43 FOURTH AMENDED SCHEDULING ORDER by Judge Edward F. Shea ; reset Discovery 3/15/01 ;Dft's disp mtn ddl set 3/26/01 (cc: all counsel) (FmrEmp) (Entered: 01/23/2001)

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01/22/2001 02/12/2001 02/12/2001 02/12/2001
02/12/2001
02/12/2001 02/12/2001 02/12/2001
02/14/2001
03/02/2001 03/02/2001 03/06/2001 03/09/2001

44 ORDER by Judge Edward F. Shea granting motion to shorten time on joint motion to approve stipulation and order for fourth amended scheduling order [38-1] (cc: all counsel) (FmrEmp) (Entered: 01/23/2001)
45 MOTION by plaintiff Equal Employment, intervenor Kelly Flynn, intervenor April David, intervenor Peggy Miller for order to Take Perpetuation Video Dep. of Kearns and Stamford via tele. Richland, WA (PP) (Entered: 02/13/2001)
46 Affidavit of Jeffrey Finer by Equal Employment, Kelly Flynn, April David, Peggy Miller re: motion for order to Take Perpetuation Video Dep. of Kearns and Stamford via tele. Richland, WA [45-1] (PP) (Entered: 02/13/2001)
47 PROPOSED RECEIVED Order re: motion for order to Take Perpetuation Video Dep. of Kearns and Stamford via tele. Richland, WA [45-1] submitted by plaintiff Equal Employment, intervenor Kelly Flynn, intervenor April David, intervenor Peggy Miller (PP) (Entered: 02/13/2001)
48 Notice by plaintiff Equal Employment, intervenor Kelly Flynn, intervenor April David, intervenor Peggy Miller of hearing setting motion for order to Take Perpetuation Video Dep. of Kearns and Stamford via tele. Richland, WA [45-1] (tele argument) 9:30 3/6/01 (PP) (Entered: 02/13/2001)
49 MOTION by plaintiff Equal Employment, intervenor Kelly Flynn, intervenor April David, intervenor Peggy Miller to expedite Richland, WA (PP) (Entered: 02/13/2001)
50 Affidavit of Jeffry Finer by Equal Employment, Kelly Flynn, April David, Peggy Miller re: motion to expedite Richland, WA [49-1] (PP) (Entered: 02/13/2001)
51 Affidavit of Mailing of Jeffry Finger by Equal Employment re: affidavit [50-1], motion to expedite Richland, WA [49-1], hearing notice [48-1], document proposed [47-1], affidavit [46-1], motion for order to Take Perpetuation Video Dep. of Kearns and Stamford via tele. Richland, WA [45-1] (PP) (Entered: 02/13/2001)
52 ORDER by Judge Edward F. Shea granting motion to expedite Richland, WA [49-1], setting motion for order to Take Perpetuation Video Dep. of Kearns and Stamford via tele. Richland, WA [45-1] 9:30 3/6/01 Richland, WA (cc: all counsel) (FmrEmp) (Entered: 02/16/2001)
53 Memorandum by defendant Kaiser Aluminum Chem in opposition to motion for order to Take Perpetuation Video Dep. of Kearns and Stamford via tele. Richland, WA [45-1] (FmrEmp) (Entered: 03/05/2001)
54 Declaration of Charles G. Williams by defendant Kaiser Aluminum Chem re memorandum [53-1] (FmrEmp) (Entered: 03/05/2001)
55 MINUTES: Motion hearing before Judge Edward F. Shea Hrg Location: Richland; Sara Migas court reporter (FmrEmp) (Entered: 03/07/2001)
56 Status Conference Order by Judge Edward F. Shea Disp mtn ddl: 6/8/01; Mtn in limine ddl: 7/20/01 ;discovery to be complete 5/25/01; telephonic pretrial conference 10:00 8/28/01 Spokane, WA ;proposed PTO due 8/23/01 ;trial 9:00 9/17/01 Spokane, WA (cc:all counsel) (FmrEmp) (Entered: 03/13/2001)

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

https://ecf.waed.uscourts.gov/cgi-bin/DktRpt.pl?639281963860792-L_...

05/04/2001 05/04/2001 05/04/2001 05/11/2001 05/11/2001 05/14/2001 05/14/2001 05/22/2001

57 MINUTES: Telephonic status conference before Judge Edward F. Shea Hrg Location: Richland; Sue Haney court reporter (FmrEmp) (Entered: 05/07/2001)
58 Offer of Judgment by defendant Kaiser Aluminum Chem (FmrEmp) (Entered: 05/07/2001)
59 Acceptance of Offer of Judgment by plaintiff Equal Employment (FmrEmp) (Entered: 05/07/2001)
60 PROPOSED RECEIVED Consent Decree re: (PP) (Entered: 05/14/2001)
61 DECREE by Judge Edward F. Shea granting document proposed [60-1] COB: Y-33/30 (cc: all counsel) (PP) (Entered: 05/14/2001)
62 ORDER by Judge Edward F. Shea terminating case COB: Y-33/31 (cc: all counsel) (PP) (Entered: 05/15/2001)
63 JUDGMENT: (cc: all counsel) COB: Y-33/31 (PP) (Entered: 05/15/2001)
64 SATISFACTION OF JUDGMENT as to defendant Kaiser Aluminum Chem (PP) (Entered: 05/23/2001)

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