..'-

Case 2:01-cv-00836-BJR Document 20 Filed 09/10/2001 Page 1 of 23

1

2

3

4

5

6

~- ~--_F~ -IL-E-D--R--E---CEENITEVREEDD

7

AUG 2 3 2001 MR

8

.8'( WEsJCtLiNERKOlCs~rRlS~ESATTRT/CLTECOURT

9

OF WASHJNGTON

DEPUTy

10

11 11111111111111101111111111111111111111111111111111111111111
12 111111111111111111111111111111110111111
cv 01-00836 #00000020 1 3 t r -_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~

~FILED

_ENTERED

_LODGED _RECEIVED

SEP 102001

ATIIIlITTLE

CI.EAK \,1,1 OIITJIttCT Q)UAT

w&$TERII OIIT11ICT 0. WAS..NGTQH

IY

DEPUTY

14
IN THE UNITED STATES DISTRICT COURT
15
IN THE WESTERN DISTRICT OF WASHINGTON
16
AT SEATTLE
17

18

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

19

Plaintiff,

- against -

20

WASHINGTON ENERGY SERVICES COMPANY,

21 BLUE DOT SERVICES COMPANY OF WASHINGTON,

Defendants.

22

CLEVELAND KARL GAMBLE,

23

Intervenor.

24

NO. COI-0836 R
COMPLAINT IN INTERVENTION FOR RACIAL AND GENDER DISCRIMINATION AND RETALIATION IN VIOLATION OF TITLE VII AND RCW 49.60, et ~
[JURY TRIAL DEMAND]

25 COMPLAINT FOR DAMAGES

MICHAEL DILIZA NKOSI

AND JURY TRIAL DEMAND

Counselor at Law

26 Gamble v. Wash. Energy Services. et al. POBox 4142

Page 1
27

Bremerton, WA 98312-0142 (360) 479-0858

FAX (360) 337-2l65

28

Pager (800) 590-4504

Case 2:01-cv-00836-BJR Document 20 Filed 09/10/2001 Page 2 of 23

1

COMPLAINT

2

NATURE OF THE CLAIM

3 1. ) This is an action brought by the intervenor on behalf of
4
himself against Washington Energy Services Company, Blue Dot Services
5
Company of Wash~ngton. The intervenor seeks declaratory relief and
6
monetary damages to redress the deprivation of the rights accorded to
7
the intervenor under Title VII of the 1964 civil Rights Act of 1871, as
8
amended in 1991, 42 U.S.C. §2000 (e) et seq. and Title 49 of the Revised 9
Code of Washington §§49.60.030 and 49 60.180. The intervenor is an 10
African American male employee who is the victim of racial and sexually
11
discriminatory employment policies and practices and retaliation. The 12
intervenor is also a well qualified employee, who has been denied the 13
opportun~ty for promotion and pay raises because of the racial and 14
sexually discriminatory practices and disparate treatment of the named 15
defendants. The intervenor was also the victim of retaliation, because 16
he asserted his c~vil rights. 17
2.) The discrimination experienced by the named intervenor 18
illustrates a significant pattern of d~scr~m~nation, rather than just a 19
chance occurrence. In the intervenor's two years of employment with 20
Washington Energy Services Company/Blue Dot Services Company of 21
Washington, the intervenor has had to endure disparate treatment because 22
he is an African American. The intervenor also has been the victim of 23
overt and covert racial and sexually discriminatory practices which 24

25 COMPLAINT FOR DAMAGES

MICHAEL DILIZA NKOSI

26

AND JURY TRIAL DEMAND Gamble v. Wash. Energy Services. et al.

Counselor at Law
POBox 4142

27 Page 2

Bremerton, WA 98312-0142 (360) 479-0858

FAX: (360) 337-2165

28

Pager' (800) 590-4504

Case 2:01-cv-00836-BJR Document 20 Filed 09/10/2001 Page 3 of 23

1 include retaliation for asserting his c1vil rights.

2

3.) As evidence of a pattern and practice of race and sex

3 discr1m1nation, the intervenor alleges the following specific examples

4 of disparate treatment and impact:

5

a.) Washington Energy Services Company/Blue Dot Services

6 Company, its administrators, and managerial staff, repeatedly allowed

7 and in no way reprimanded or punished Kim Valdez, (who is a staff member

8 and the intervenor's supervisor), and other employees, when Washington

9 Energy Services Company/Blue Dot Services Company knew that Ms. Valdez,

10 and other employees, routinely sexually harassed and practiced sexual

11 and racially discriminatory acts against the African American

12 intervenor. Furthermore, Washington Energy Services Company/Blue Dot

13 Services Company, knew that Ms Valdez, and other employees, had

14 repeatedly and rout1nely sexually harassed and made sexually derogatory

15 and inflammatory statements to the intervenor, and had distributed

16 interoffice e-mails that contained sexually explicit materials to the

17 intervenor and other staff members. Last, Washington Energy Services

18 Company/Blue Dot Services Company, its administrators, and managerial

19 staff, failed to discipline or take the necessary steps to terminate Ms.

20 Valdez and other employees, whom they knew violated state and federal

21 laws against discr1mination in the workplace.

22

b) When the intervenor reported the discriminatory practices

23 of Kim Valdez and other employees to management and their

24 administrators, Washington Energy Services Company/Blue Dot Services

25 COMPLAINT FOR DAMAGES

MICHAEL DILIZA NKOSI

26

AND JURy TRIAL DEMAND Gamble v. Wash. Energy Services, et al.

Counselor at Law
POBox 4142

Page 3 27 28

Bremerton, WA 98312-0142
(360) 479-0858 FAX· (360) 337-2165 pager: (800) 590-4504

Case 2:01-cv-00836-BJR Document 20 Filed 09/10/2001 Page 4 of 23

1 Company refused to remove Ms. Valdez and other employees from their

2 positlons In addition, Washington Energy Services Company/Blue Dot

3 Services Company, its administrators, and managerial staff, did

4 absolutely nothing to halt the sexual harassment and racial and sexually

5 discriminatory behavlor of Ms. Valdez and others. The statements and

6 acts by Ms. Valdez and others, created a hostile work environment for

7 the intervenor and fueled an atmosphere for other employees to act ln a

8 like manner.

9

c.) In retaliation for reporting the discriminatory actions

10 of Ms. Valdez to the Federal Equal Opportunity Commission, Washington

11 Energy Services Company/Blue Dot Services Company, its administrators,

12 and managerial and supervisorial staff, suspended the intervenor without

13 pay, and then ultimately fired the intervenor without just cause. In

14 addition, Washington Energy Services Company/Blue Dot Services Company,

15 its administrators, and managerial and supervisorial staff, permanently

16 besmirched the intervenor's reputation, work history, and official work

17 records.

18

d.) The lntervenor was also the recipient of other disparate

19 treatment by Washlngton Energy Services Company/Blue Dot Servlces

20 Company, when the intervenor was told that he was not allowed to wear

21 hoop earrings while his caucaSlan co-workers were allowed to do so.

22 Further, the intervenor was not promoted or given increased

23 responslbility because he was an Afrlcan American, and also because he

24 refused to have sex with his supervisor, Kim Valdez. No other employees

25 COMPLAINT FOR DAMAGES

MICHAEL DILIZA NKOSI

AND JURY TRIAL DEMAND

Counselor at Law

26 Gamble v. Wash. Energy Services. et al. p.o Box 4142

27 Page 4

Bremerton, WA 98312-0142
(360) 479-0858 FAX. (360) 337-2165

28

Pager (800) 590-4504

Case 2:01-cv-00836-BJR Document 20 Filed 09/10/2001 Page 5 of 23
.. ,

1 were treated in a like manner as this African American intervenor.

2

e) Further, the intervenor was singled out and watched over

3 by his supervisor, because of his race and gender None of the

4 intervenor's Caucasian peers and co-workers were held to the same

5 standards, and none of the intervenor's Caucasian co-workers were

6 treated in the same manner.

7

8

I.

9

JURISDICTION

10

11

4.) This action arises under the Washington Laws Against

12 Discrimination, RCW §49.60, et seq., and 42 U.S.C. §2000(e), et ~ The

13 jurisd1ction of this Court is invoked by the intervenor, Cleveland K.

14 Gamble, pursuant to 28 U.S.C. §§ 1331, 1343 (3) and 1343 (4), which

15 confers original jurisdiction upon this Court in a civil action to

16 recover damages, or to secure equitable relief (i) under any Act of

17 Congress providing for the protection of civil rights; (ii) under the

18 Declaratory Judgement Statute, 22 U.S.C. § 2201; (iii) under 42 U.S.C.

19 §§ 1981 and 1983; and (iv) under 42 U.S.C. §§2002, et seq. This Court

20 also has pendant/supplemental jurisdiction over the state law claims

21 based on 28 U.S.C. §1367(a) because the intervenor's claims arise from

22 the same operative facts, and involve similar issues of law as the

23 intervenor's federal claims.

24

25 COMPLAINT FOR DAMAGES

MICHAEL DILIZA NKOSI

26

AND JURY TRIAL DEMAND Gambl e v. Wash. Energy Servi ces • e t al.

Counselor at Law
P.O Box 4142

27 Page 5 28

Bremerton, WA 98312-0142
(360) 479-0858 FAX. (360) 337-2165 Pager: (800) 590-4504

Case 2:01-cv-00836-BJR Document 20 Filed 09/10/2001 Page 6 of 23
-,

1

II.

2

VENUE

3

4

5.) Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b),

5 in as much as the defendants have offices, conduct business, and can be

6 found in the Western District of Washington, and the cause of action has

7 arisen and occurred in the Western District of Washington.

8

9

III.

10

PARTIES

11

12

6.) The intervenor, Cleveland Karl Gamble, is an adult citizen who

13 resides in King County, Washington. The ~ntervenor was an employee of

14 the defendant, Washington Energy Services Company/Blue Dot Services

15 Company, located in Seattle, Washington.

16

7.) Defendant, Washington Energy Services Company/Blue Dot

17 Services Company, are Corporat~ons and doing business in Seattle, which

18 is located in King County, Washington. At all relevant times, the

19 defendants have continuously been employers engaged in industry

20 affecting commerce within the meaning §§ 701(b), (g) and (h) of Title 21 VII, 42 U.S.C. §§ 2000e (b), (g) and (h).

22

23

24

25 COMPLAINT FOR DAMAGES

MICHAEL DILIZA NKOSI

26

AND JURY TRIAL DEMAND Gamble v. Wash. Energy Services, et al.

Counselor at Law
P.O Box 4142

27 Page 6

Bremerton, WA 98312-0142 (360) 479-0858

FAX. (360) 337-2~65

28

Pager' (800) 590-4504

-• .

Case 2:01-cv-00836-BJR Document 20 Filed 09/10/2001 Page 7 of 23

1

IV.

2

PLAINTIFF'S ALLEGATION

3

4

8.) Paragraphs 1 - 7 above are incorporated herein by reference.

5

9.) The intervenor and the plaintiff are jointly suing on their

6 own behalf.

7

10.) There are questlons of law and fact that affect the plaintlff

8 and the lndlvidual intervenor. Among the questions of law and fact are:

9

a. whether the federal and state civil rights laws were

10 violated by the defendants' acts as alleged herein;

11

b. whether the defendants sexually harassed and maintained

12 racial and sexually discriminatory policies and practices as alleged

13 herein;

14

c. whether the defendants' racial and sexually

15 discriminatory policies and practices caused a disparate impact and/or

16 treatment of the intervenor as alleged herein;

17

d. whether the defendants sexually harassed, retaliated

18 against and intimidated the intervenor, such that defendants' racial and

19 sexually discriminatory policies and practices caused the disparate

20 impact and/or treatment of the intervenor as alleged herein;

21

e. whether the intervenor is entitled to back pay, benefits

22 or lost wages, and if so, what is the proper measure of rellef;

23

f. whether the intervenor sustained damages, and if so, what

24 is the proper measure of damages;

25 COMPLAINT FOR DAMAGES

MICHAEL DILIZA NKOSI

AND JURY TRIAL DEMAND

Counselor at Law

26 Gamble v. Wash. Energy Services. et al. POBox 4142

Page 7 27
28

Bremerton, WA 98312-0142
(360) 479-0858 FAX (360) 337-2165 Pager. (800) 590-4504

Case 2:01-cv-00836-BJR Document 20 Filed 09/10/2001 Page 8 of 23

•

1

g. whether the defendants' racial and sexually

2 discriminatory policies and practices should be eliminated, and, if so,

3 what is the proper procedure for replacing the defendant's policies and

4 practices with those that are racial and sexually neutral in impact and

5 effect; and

6

h. whether defendants' employment and policies and practices

7 are inadequate or sUbjective.

8

9

v.

10

STATEMENT OF CLAIM

11

12

11.) Since at least 1998, Washington Energy Services Company and

13 Blue Dot Services Company, have engaged ln a pattern, and maintalned a

14 policy and practice of sexual harassment and racial and gender

15 discrimination. As part of its pattern and practice, Washington Energy

16 Services Company, Blue Dot Services Company, and its agents have

17 discrlminated against the intervenor, who is a well-qualified African

18 American Employee by: (1) failing to protect the African American

19 intervenor from his racist supervisor, who sexually harassed and

20 discriminated against the intervenor because of his gender and race,

21 even though Washlngton Energy Services Company/Blue Dot Services

22 Company, and it's managerial staff members knew and had reasonable cause

23 to know that a hostile work enVlronment existed; (2) by denYlng the

24 intervenor the opportunity for promotion or pay raises because of his

25 COMPLAINT FOR DAMAGES

MICHAEL DILIZA NKOSI

AND JURY TRIAL DEMAND

Counselor at Law

26 Gamble v. Wash. Energy Services. et al. P.O. Box 4142

Page 8 27 28

Bremerton, WA 98312-0142
(360) 479-0858 FAX, (360) 337-2165 Pager (800) 590-4504

Case 2:01-cv-00836-BJR Document 20 Filed 09/10/2001 Page 9 of 23

1 gender and also because he is an African American; (3) in the terms and

2 conditions of employment, by failing to discipline the Caucasian co-

3 workers and his supervisor, Kim Valdez, and others, for sexually

4 harass~ng the intervenor and for acting in a blatant and overtly sexist

5 and racist manner, even though Washington Energy Services Company/Blue

6 Dot Services Company was informed of incidents of sexual harassment and

7 racial and gender discrimination by the intervenor; (4) by retaliating

8 against the ~ntervenor for asserting his civil rights through

9 intimidation, phys~cal assault, suspension, and a poor performance

10 evaluation after the intervenor reported the discriminatory acts and

11 practices of his supervisor and co-workers to management; and (5) by

12 engaging in wholly disparate treatment of the intervenor based upon his

13 gender and his race, and by creating and permitting a racial and

14 sexually hostile work environment to exist.

15

12.) Washington Energy Services Company/Blue Dot Services Company

16 maintained a pattern and practice of race and sexual discrimination in

17 the terms and conditions of its employment by preventing the African

18 American intervenor from obtaining the experience and opportunit~es

19 necessary to become qual~fied for promotion and subsequent pay raises.

20 For instance, Washington Energy Services Company/Blue Dot Services

21 Company:

22

a. relegated the intervenor to jobs with less responsibility,

23 and prospects for promotion, than those jobs that are held by equally

24 qualified Caucasians, because the intervenor refused and rebuffed his

25 COMPLAINT FOR DAMAGES

MICHAEL DILIZA NKOSI

26

AND JURY TRIAL DEMAND Gambl e v. Wash. Energy Servi ces , e t al.

Counselor at Law
F.O. Box 4142

27 Page 9 28

Bremerton, WA 98312-0142
(360) 479-0858 FAX· (360) 337-2165 Pager (800) 590-4504

Case 2:01-cv-00836-BJR Document 20 Filed 09/10/2001 Page 10 of 23

1 Caucasian supervisor's sexual advancements.

2

b. denied the intervenor the opportunity, accorded to equally

3 or less qual~fied Caucasians, to handle special assignments, thus

4 limiting the opportunity for the intervenor to acquire profess~onal

5 contacts, develop necessary skills, and achieve the level of recognition

6 necessary for promotional prospects.

7

c. maintained a racial and sexually pervasive atmosphere

8 perpetuating discriminatory treatment of the African American

9 intervenor As an example, the intervenor was subjected to racist acts

10 and statements by his co-workers, the intervenor was constantly sexually

11 harassed, groped and touched by his supervisor, Kim Valdez and other co-

12 workers The intervenor's supervisor, Kim Valdez, intentionally

13 undermined the work~ng reputation of the intervenor and the intervenor's

14 work relationship with staff and management, solely because the

15 intervenor refused to have sex with Ms. Valdez. Absolutely nothing was

16 done by Washington Energy Services Company/Blue Dot Services Company to

17 stop the racial and sexually discriminatory practices of Ms Valdez

18 against the intervenor. There were no measures in place to investigate

19 the ill-treatment of the intervenor or to halt the sexual harassment or

20 the rac~al and sexually d~scriminatory practices of Ms. Valdez and

21 others, once it was discovered.

22

13.) Washington Energy Services Company/Blue Dot Services Company

23 also maintained a pattern of retaliation designed to intimidate the

24 intervenor, and to further deter him from obj ecting to defendant's

25 COMPLAINT FOR DAMAGES

MICHAEL DILIZA NKOSI

AND JURy TRIAL DEMAND

Counselor at Law

26 Gamble v. Wash. Energy Services, et al. p.e Box 4142

27 Page 10

Bremerton, WA 98312-0142 (360) 479-0858

FAX' (360) 337-2165

28

pager: (800) 590-4504

Case 2:01-cv-00836-BJR Document 20 Filed 09/10/2001 Page 11 of 23

1 racial and sexually discriminatory policies, pract1ces, and procedures

2 For example:

3

a. The intervenor was retaliated against, d1sparately

4 treated, and punished by the defendants and their supervisorial and

5 management staff, because the intervenor complained about the sexual

6 harassment and the racial discriminatory policies pract1ces in the

7 workplace. The intervenor rece1ved a poor and highly inflammatory

8 evaluation after reporting the discriminatory practices of his

9 supervisor and co-worker. As an ult1mate result of the retaliation, the

10 intervenor was wrongfully terminated from his employment with the

11 defendants.

12

b. After complaining to management about the sexual

13 harassment and the discriminatory treatment the intervenor was receiving

14 in the workplace, the intervenor was singled out and held to a standard

15 that none of his CaucaS1an peers were held to. The African Amer1can

16 intervenor was told to dress in a certain fashion and instructed that he

17 was not to wear certain apparel in the workplace. However, the

18 intervenors Caucasian co-workers were allowed to wear the same apparel

19 in the workplace that the intervenor was forbidden to wear.

20

c. After the intervenor reported the sexual harassment and

21 the discriminatory treatment that he was receiving to the U. S. Equal

22 Employment Opportunity Commission and to his managers, the 1ntervenor

23 was physically assaulted by management staff and then wrongfully

24 terminated from his employment.

25 COMPLAINT FOR DAMAGES

MICHAEL DILIZA NKOSI

AND JURY TRIAL DEMAND

Counselor at Law

26 Gamble v. Wash. Energy Services, et al. p.o. Box 4142

Page 11 27 28

Bremerton, WA 98312-0142
(360) 479·0858 FAX: (360) 337·2165 Pager' (800) 590-4504

Case 2:01-cv-00836-BJR Document 20 Filed 09/10/2001 Page 12 of 23

-.

1

14.) Washington Energy Services Company/Blue Dot Services Company

2 and its agents willfully and recklessly discriminated against this

3 African American intervenor.

4

15.) Paragraphs 1 - 14 describe a pattern and practice of race and

5 sexual discrimination utillzed by the defendants, Washlngton Energy

6 Services Company/Blue Dot Services Company, which constitutes a

7 violation of Washington State Civil Rights Law, RCW §§ 49.60.030 (a) and

8 49.60.180 (3).

9

10

VI.

11

OPERATIVE FACTS

12

13

16.) Paragraphs 1 - 15 above are incorporated herein by reference.

14

17.) Cleveland K. Gamble is a 46 year old African American male who

15 worked for Washington Energy Services Company/Blue Dot Services Company

16 from September of 1998 to July of 2000. Mr. Gamble was employed as an

17 Inbound Call Center employee.

18

18.) Almost as soon as the intervenor became employed by the

19 defendants, the intervenor began to experience sexual harassment and

20 racial and sexually discriminatory treatment in the general workplace by

21 the intervenor's supervisor, Kim Valdez, and other co-workers.

22

19.) The intervenor became the object of racial and sexually

23 discrlminatory practices.

24

20.) In a conspiratorial effort to undermine the wlll, reputation,

25 COMPLAINT FOR DAMAGES

MICHAEL DILIZA NKOSI

26

AND JURY TRIAL DEMAND Gamble v. Wash. Energy Services. et al.

Counselor at Law
P o. Box 4142

27 Page 12

Bremerton, WA 983l2-0142 (360) 479-0858

FAX (360) 337-2165

28

Pager (800) 590-4504

Case 2:01-cv-00836-BJR Document 20 Filed 09/10/2001 Page 13 of 23
, -.

1 and the working relationshlps of the lntervenor, after the intervenor

2 complained to management about the discriminatory acts and practices of

3 his supervisor and others, the intervenor was retaliated against and

4 singled out for punishment by the defendants and their managerial staff.

5

21.) In addition to undermining the intervenor's work relations

6 with his co-workers, management for the defendants began a campaign of

7 belittling the lntervenor because of hlS race and gender. On numerous

8 occasions, The intervenor's supervisor and others frequently made racial

9 and sexually derogatory comments to the intervenor.

10

22.) Although Washington Energy Services Company/Blue Dot Servlces

11 Company, its managerial and supervisorial staff members were made aware

12 of the statements of their employee and agents by the intervenor, the

13 defendants failed to discipline the parties who engaged in the

14 discrimlnatory treatment of the intervenor. Furthermore, after learning

15 that their agents and employees created a hostile work environment based

16 on the plaintiff's race and gender, the defendants continued to employ

17 those engaged in the discriminatory behavior.

18

23.) The defendants malntained a pervasive racial and sexually

19 discriminatory environment and atmosphere that perpetuated the

20 discrlminatory treatment of the intervenor. The intervenor was subjected

21 to raclst and sexist treatment by his immediate supervisor, and the

22 defendants failed to reprimand or take any disciplinary action against

23 that supervisor, and others, for their racist and sexist acts against

24 the intervenor.

25 COMPLAINT FOR DAMAGES

MICHAEL DILIZA NKOSI

26

AND JURY TRIAL DEMAND Gamble v. Wash. Energy Services. et: al.

Counselor at Law P o. Box 4142

27 Page 13 28

Bremerton, WA 98312-0142
(360) 479-0858 FAX (360) 337-2165 Pager' (800) 590-4504

Case 2:01-cv-00836-BJR Document 20 Filed 09/10/2001 Page 14 of 23
, -.

1

VII.

2

FIRST CAUSE OF ACTION

3

DISCRIMINATION ON THE BASIS OF RACE

4 IN VIOLATION OF 42 U.S.C. §2000 Ce) et seq. (TITLE VII) AND TITLE 49 OF

5

THE REVISED CODE OF WASHINGTON §§49.60.030 and 49.60.180.

6

7

24.) The intervenor repeats, re-alleges, and hereby incorporates by

8 reference each and every allegation in paragraphs 1 through 23 as set

9 forth herein in full, and the intervenor further alleges as follows:

10

25.) Defendants have intentionally discriminated against the

11 intervenor on the baSIS of his race and gender in violation of Section

12 2000 (e) et seq. of the Civil Rights Act of 1964 and Washington State

13 Civil Rights Law, Title 49 of the Revised Code of Washington §§49.60.030

14 (a) and 49.60.180 (3), by denying the intervenor equal terms and

15 conditions of employment, such as by having inadequate and subjective

16 disciplinary policies, by denying the African American intervenor the

17 opportunities necessary for promotion and pay raises because of his race

18 and gender, by unlawfully retaliating against the intervenor for

19 asserting his civil rights, and by maintaining a racially and sexually

20 pervasive atmosphere perpetuating discriminatory treatment of the

21 African American intervenor.

22

23

24

25 COMPLAINT FOR DAMAGES

MICHAEL DILIZA NKOSI

26

AND JURY TRIAL DEMAND Gamble v. Wash. Energy Services, et al.

Counselor at Law
P.O Box 4142

27 Page 14 28

Bremerton, WA 98312-0142
(360) 479-0858 FAX: (360) 337-2165 Pager (800) 590-4504

Case 2:01-cv-00836-BJR Document 20 Filed 09/10/2001 Page 15 of 23
,

1

2

VIII.

3

SECOND CAUSE OF ACTION

4

OUTRAGE

5

6

26. ) The intervenor repeats, re-alleges, and hereby incorporates by

7 reference each and every allegation in paragraphs 1 through 25 as set

8 forth herein in full, and the intervenor further alleges as follows:

9

27.) The defendants intentionally engaged in extreme and outrageous

10 conduct that would shock the conscience of a civilized society. And the

11 defendants are liable to the intervenor for denying him equal terms and

12 conditions of employment, such as by having inadequate and subjective

13 disciplinary policies, by denying the intervenor the opportunities

14 necessary for promotion and pay raises because of his race and gender,

15 by unlawfully retaliating against the intervenor for asserting his civil

16 rights, by maintaining a racially pervasive atmosphere perpetuating

17 discriminatory treatment of. the intervenor.

18

28.) The defendants further intended to cause the intervenor to

19 suffer severe emot~onal distress and/or the defendants were reckless as

20 to such consequences the ~ntervenor would suffer as a result of their

21 extreme and outrageous conduct.

22

29.) The intervenor was the object of the extreme and outrageous

23 conduct and as a result of the tortious acts of the defendant, the

24 intervenor suffered damages.

25 COMPLAINT FOR DAMAGES

MICHAEL DILIZA NKOSI

26

AND JURY TRIAL DEMAND Gamble v. Wash. Energy Services, et al.

Counselor at Law
P.O. Box 4142

27 Page 15 28

Bremerton, WA 98312-0142
(360) 479-0858 FAX (360) 337-2165 Pager (800) 590-4504

Case 2:01-cv-00836-BJR Document 20 Filed 09/10/2001 Page 16 of 23

•

1

IX.

2

THIRD CAUSE OF ACTION

3

PURE NEGLIGENCE and NEGLIGENT SUPERVISION AND RETENTION

4

5

30 ) The intervenor repeats, re-alleges, and hereby incorporates by

6 reference each and every allegation in paragraphs 1 through 29 as set

7 forth herein 1n full and the intervenor further alleges as follows

8

31.) The defendants, are subject to liab1lity to the intervenor for

9 negligently failing to supervise, and investigate the sexist and racist

10 activities their managers, supervisors and general staff. The

11 defendants, are also liable to the intervenor for negligently retaining

12 Ms. Valdez and others, after the defendants learned of their racial and

13 sexually discriminatory acts and practices. The defendants, should have

14 promptly discharged Ms. Valdez, and strongly disciplined others for

15 their discrim1natory practices, activities and statements.

16

32.) The above-named defendants owed a professional and reasonable

17 duty of care to the intervenor, and breached that standard of conduct

18 for the protection of the intervenor against an unreasonable r1sk of

19 injury, by willfully denying the intervenor equal terms and conditions

20 of employment, such as by hav1ng inadequate and subjective disciplinary

21 policies, by denying the intervenor the opportunities necessary for

22 promotion and pay raises because of his race and gender, by unlawfully

23 retaliating against the intervenor for assert1ng h1S C1V1l rights, by

24 ma1ntain1ng a pervas1ve atmosphere that perpetuated the discr1minatory

25 COMPLAINT FOR DAMAGES

MICHAEL DILIZA NKOSI

26

AND JURY TRIAL DEMAND Gamble v. Wash. Energy Services. et al.

Counselor at Law
POBox 4142

27 Page 16 28

Bremerton, WA 98312-0142
(360) 479-0858 FAX (360) 337-2165 Pager. (800) 590-4504

Case 2:01-cv-00836-BJR Document 20 Filed 09/10/2001 Page 17 of 23

'.

1 treatment of the African American intervenor.

2

33.) And as an actual, proximate, and direct result of the

3 defendant's breach of their professional and reasonable duty of care,

4 the intervenor suffered lnjury. Such injury to the intervenor, resulted

5 in economic harm and damages to the intervenor's person.

6

7

x.

8

FOURTH CAUSE OF ACTION

9

VICARIOUS LIABILITY UNDER THE DOCTRINE OF RESPONDEAT SUPERIOR

10

11

34.) The intervenor repeats, re-alleges, and hereby incorporates by

12 reference each and every allegation in paragraphs 1 through 33 as set

13 forth herein in full, and the intervenor further alleges as follows:

14

35.) The defendants, and their supervisors, Kim Valdez and Craig

15 Olsen had a master/servant relationship. While conducting their official

16 duties, both Ms. Valdez and Mr. Olsen engaged in tortious conduct when

17 they, and others, racially and sexually discriminated against the

18 intervenor by denying him equal terms and conditions of employment, such

19 as by having inadequate and subjective disciplinary policies, by denying

20 the African American intervenor the opportunities necessary for

21 promotion and pay raises because of his race and gender, by unlawfully

22 retaliating against the lntervenor for asserting his civil rights, and

23 by maintaining a racially and sexually pervasive atmosphere that

24 perpetuated the discriminatory treatment of the intervenor and by

25 COMPLAINT FOR DAMAGES

MICHAEL DILIZA NKOSI

26

AND JURY TRIAL DEMAND Gamble v. Wash. Energy services, et: al.

Counselor at Law
P.O Box 4142

Page 17 27

Bremerton, WA 98312-0142
(360) 479-0858

FAX. (360) 337-2165

28

Pager (BOO) 590-4504

Case 2:01-cv-00836-BJR Document 20 Filed 09/10/2001 Page 18 of 23

1 wrongfully terminating the well qualified African Amerlcan intervenor.

2

36.) The defendants are also vicariously liable for the tortious

3 acts committed by their employees in the normal course of buslness.

4

5

XI.

6

FIFTH CAUSE OF ACTION

7 CONSPIRACY TO VIOLATE THE CIVIL RIGHTS OF ANOTHER ON THE BASIS OF RACE

8

IN VIOLATION OF 42 U.S.C. § 2000 (e) et seq. of TITLE VII

9

10

37.) The intervenor repeats, re-alleges, and hereby incorporates by

11 reference each and every allegation in paragraphs 1 through 36 as set

12 forth herein in full, and the intervenor further alleges as follows:

13

38.) The defendants and their managerial and supervisorial staff

14 set forth a conspiracy to violate the civil rights of the intervenor.

15 Specifically, Kim Valdez, Craig Olsen and other co-workers conspired to

16 terminate the intervenor or force him to resign from his employment with

17 the defendants because he asserted his civil rights. This behavior is ln

18 violation of 42 U.S.C. section 2000 (e) et seq. (Title VII), and lt

19 caused the intervenor to suffer emotional distress.

20

21

22

23

24

25 COMPLAINT FOR DAMAGES

MICHAEL DILIZA NKOSI

26

AND JURY TRIAL DEMAND Gamble v. Wash. Energy Services. et al.

Counselor at Law
P.O Box 4142

27 Page 18 28

Bremerton, WA 98312-0142
(360) 479-0858 FAX. (360) 337-2165 Pager. (800) 590-4504

Case 2:01-cv-00836-BJR Document 20 Filed 09/10/2001 Page 19 of 23

1

XII.

2

SIXTH CAUSE OF ACTION

3

NEG~IGENT INF~ICTION OF EMOTIONA~ DISTRESS

4

5

39.) The intervenor repeats, re-alleges, and hereby incorporates by

6 reference each and every allegation in paragraphs 1 through 38 as set

7 forth herein in full, and the intervenor further alleges as follows·

8

40.) The defendants negligently engaged in extreme and outrageous

9 conduct that would shock the conscience of a civilized society.

10

41.) The defendants are liable to the intervenor for denying the

11 him equal terms and conditions of employment, such as by having

12 inadequate and subjective disciplinary policies, by denying the African

13 American intervenor the opportunities necessary for promotion and pay

14 raises because of his race and gender, by unlawfully retaliating against

15 the plaintiff for asserting her civil rights, by maintaining a racially

16 pervasive atmosphere perpetuating discriminatory treatment of the

17 African American intervenor, and by blatantly discriminating against the

18 intervenor by negligently creating a racially and sexually hostile work

19 environment and/or negligently permitting such a racially and sexually

20 hostile work environment to exist, and by wrongfully terminating the

21 well qualified African American intervenor because he asserted his civil

22 rights.

23

42.) Further, the defendants negligently caused the intervenor to

24 suffer severe emotional distress and/or the defendants were reckless as

25 COMPLAINT FOR DAMAGES

MICHAEL DILIZA NKOSI

AND JURy TRIAL DEMAND

Counselor at ~aw

26 Gamble v. Wash. Energy Services. et al. POBox 4:1.42

27 Page 19 28

Bremerton, WA 983:1.2-0142
(360) 479-0858 FAX: (360) 337-2165 Pager (800) 590-4504

Case 2:01-cv-00836-BJR

Document 20

•Filed 09/10/2001

Page 20 of 23

1 to the consequences the lntervenor would suffer as a result of their 2 extreme and outrageously negligent conduct.

3

43.) The intervenor was the object of the extreme and outrageous

4 negligent conduct, and as a result of the tortious acts of the

5 defendants, the intervenor suffered damages.

6

7

XIII.

8

CAUSATION AND DAMAGES

9

10

44.) The intervenor repeats, re-alleges, and hereby incorporates by

11 reference each and every allegation in paragraphs 1 through 43 as set

12 forth hereln in full, and the intervenor further alleges as follows:

13

45.) Equitable rellef such as back payor prospective relief are

14 inappropriate here. Rather, the intervenor is entitled to punitive

15 damages, reasonable attorneys fees, and the broadest of monetary damage

16 remedies, (See, Civil Rights Remedies Equalization Amendment of 1986 at

17 42 U.S.C. § 2000d-7(a) (2).

18

46.) As a direct and proximate cause of the defendant's above-

19 described tortious conduct, their violations of protected civil rights,

20 and violations of statutory and common law, the intervenor has suffered 21 substantial special and general damages of a kind that would be normally

22 foreseeable;

23

47.) As a direct and proximate result of the above-described acts

24 of the defendants, the intervenor, Cleveland K. Gamble, has suffered

25 COMPLAINT FOR DAMAGES

MICHAEL DILIZA NKOSI

26

AND JURY TRIAL DEMAND Gamhl e v. Wash. Energy Servi ces , e t al.

Counselor at Law
POBox 4142

27 Page 20 28

Bremerton, WA 98312-0142
(360) 479-0858 FAX (360) 337-2165 Pager (800) 590-4504

Case 2:01-cv-00836-BJR Document 20 Filed 09/10/2001 Page 21 of 23

1 severe emotional distress, inconvenience, pain and suffering,

2 humiliation, anxiety, loss of enjoyment of life, loss of self-respect

3 and other non-pecuniary losses as previously alleged herein, and the

4 intervenor will continue to suffer these losses into the foreseeable

5 future.

6

48.) As a direct and proximate result of the above-described acts

7 of the defendants, the intervenor has suffered damage and harm to his

8 employment and his employment potential, destruction of his trust in the

9 community and society in general, and harm and loss to his past and

10 future economic and/or earning capacity.

11

12

XIV.

13

JURY DEMAND

14

49.) A jury trial is requested on all issues of fact and damages In

15 this action.

16

17

XV.

18

PRAYER FOR RELIEF

19

20

WHEREFORE, the intervenor respectfully request that this Court

21 grant the followlng relief:

22

1. Enter a judgement that the acts and practices of the defendants

23 complained of herein are in violation of the laws of the United States

24 and the State of Washington;

25 COMPLAINT FOR DAMAGES

MICHAEL DILIZA NKOSI

26

AND JURY TRIAL DEMAND Gambl e v. Wash. Energy Servi ces , e t; al.

Counselor at Law
p.o. Box 4142

Page 21
27 28

Bremerton, WA 983l2-0l42
(360) 479-0858 FAX, (360) 337-2l65 Pager, (800) 590-4504

Case 2:01-cv-00836-BJR Document 20 Filed 09/10/2001 Page 22 of 23

1

2. Award the intervenor compensation for all past, present, and

2 future lost wages; including without limitation, lost fringe benefits

3 and back pay, and any lost benefits that would have otherwise been

4 included in the plaintiff's 401 (k) pension plan;

5

3. Award the intervenor compensation for all past, present, and

6 future medical and related health care expenses;

7

4. Award the intervenor compensatory damages for all past, present,

8 and future pain and suffering and other general and non-pecunlary

9 damages as herein before alleged;

10

5 Award the intervenor compensatory damages for all past,

11 present, and future loss of enjoyment of life;

12

6. Award the intervenor compensatory damages for pecuniary losses

13 including lost earning capacity, past and future, and lost employment

14 opportunlties;

15

7. Award the intervenor punitive damages;

16

8. Award the intervenor the costs of this action, including the

17 fees and costs of experts, together with reasonable attorney's fees and

18 costs

19

9. Award the lntervenor total damages in the sum of $16.5 mlllion

20 dollars.

21

10. Grant an Order restraining Washington Energy Services

22 Company/Blue Dot Services Company from retaliating against any the

23 witnesses who participated in this litigation, and also bar any other

24 kind of racial or sexually discriminatory practices that are taklng

25 COMPLAINT FOR DAMAGES

MICHAEL DILIZA NKOSI

26

AND JURY TRIAL DEMAND Gamble v. Wash. Energy Servi ces , e t al.

Counselor at Law
P.D Box 4142

27 Page 22 28

Bremerton, WA 98312-0142
(360) 479-0858 FAX' (360) 337-2165 Pager (800) 590-4504

, -.

Case 2:01-cv-00836-BJR Document 20 Filed 09/10/2001 Page 23 of 23

1 place within Washington Energy Services Company/Blue Dot Serv~ces

2 Company.

3

11. Grant the intervenor such additional and further relief as this

4 Court deems necessary, just, and equitable after a full presentation of

5 the evidence.

6

7

Respectfully submitted by Michael Diliza Nkosi, Counselor at Law.

- 8 At Bremerton, Washington, this

9

-..... ......

of August, 2001.

10

Michael D. Nko i, WSBA #26220

Attorney for the Intervenor, Cleveland K. Gamble

11

P.O. Box 4142

Bremerton, WA 98312-0142

12

865 6th Street, Suite 300

Bremerton, WA 98337

13

(360) 479-0858

14

15

16

17

18

19

20

21

22

23

24

25 COMPLAINT FOR DAMAGES

MICHAEL DILIZA NKOSI

AND JURY TRIAL DEMAND

Counselor at Law

26 Gambl e v. Wash. Energy Servi ces « e t al. p.o Box 4142

27 Page 23 28

Bremerton, WA 983~2-0142
(360) 479-0858 FAX (360) 337-2~65 Pager (800) 590-4504

 
 Case 2:01-cv-00836-BJR Document 25 Filed 01/14/2002 Page 1 of 10

J.L
-.l
l
'~
~'
, v\.
t

1

TIIE HONORABLE BARBARA ROTHSTEIN

2

u--_ALEO

ENTERED

3 11-...Q~~_IRECEIVED

4

JA 042002 PM

ORIGINAL

5

6

7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

9

EQUALENWLOYMENTOPPORTUNITY )

10 COMMISSION

)

011/
VII FILED \A\)(ENTERED
::::JLODGED _RECEIVED

11

Plaintiff,

) )

JAN 1 42002

12 and

)

AT SEATTLE CLERK U S DISTRICT COURT

)

WESTERN DISTRICT OF WASHtNGTON

BY

DEPUTY

)

13 CLEVELAND GAMBLE

)

)

14

Plaintiff-Intervenor

) CIVIL NO. COI-0836R

)

15

v.

) IIIW'£-CONSENT DECREE AND

) ORDER DISMISSING ACTION

16

)

WASHINGTON ENERGY SERVICES CO., )

17 and BLUE DOT SERVICES CO. OF

)

WASHINGTON

)

18

)

Defendant.

)

19 -----------------------)

1111111111111111111111111111111111111111111111111111111
111111111111111111111111111111111111111
CV 01-00836 1100000025

20

I. INTRODUCTION

21

1. Tlus action originated With a discrimmatlon charge filed by Cleveland Gamble

22 with the Equal Employment Opporturuty Commission ("EEOC or the CommiSSIOn") on

23 24
CONSENT DECREE - PAGE 1

EQUAL EMPLOVMENT OPPORTUNITY COMMISSION Seattle DIstrict Office
Federal Office BuUding 909 Am Avenue, SUite 400 Seattle, Washington 98104-1061 Telephone (206) 220 6883 Fax 12061 220-691' TOO (206) 220-6882

J5

· ,

Case 2:01-cv-00836-BJR Document 25 Filed 01/14/2002 Page 2 of 10

1 March 21, 2000. Mr. Gamble alleged that Washington Energy ServIces Co and Blue Dot

2 Services Co. of Washington ("WESCOlBlue Dot" or "defendants') discriminated agamst Mr.

3 Gamble based upon Ius race (Black) and sex (male) in VIolatIon of Title VII of the Civil

4 Rights Act of 1964, 42 U.S C.§ 2000e, ~ ("Title VII"). Mr. Gamble further alleged that

5 when he complained about the unlawful ruscnmmatJon, he was retalIated against and

6 ultimately terminated from Ins employment.

7

2. On March 26, 2001, the EEOC ISSUed a Letter of DeterminatIon with a finding of

8 reasonable cause that WESCOlBlue Dot VIolated TItle VII by discrimmating against Mr.

9 Gamble on the basis ofhis race and sex and by retaliating against md ultImately terminatIng

10 him when he complained of the discrimination.

11

3. The Commission filed Its Frrst Amended Complamt on August 6, 2001 in the

12 United States District Court for the Western Dlstnct ofWaslungton at Seattle. The complaint

13 alleges that WESCOlBlue Dot VIolated Title VII by dIscriminating against Mr. GaInble based

14 upon Ius race (Black) and sex (male) m violation of Title VII. The complaint further alleged

15 that when Mr. Gamble complained about the unlawful dIscriminatIOn, he was retaltated

16 against and ultimately tenninated from Ius employment.

17

4. Cleveland Gamble filed a motion to intervene in the lawsuit filed by EEOC and

18 the Court entered an order granting intervention on September 10, 200 I.

19

5. Defendant demed the allegations of discrimmatIon m the EEOC's complaint and

20 in Plaintiff-Intervenor's complaint and asserted several affirmative defenses.

21

6. The partIes want to conclude fully and finally all claims arising out of EEOC's

22 complaint, Plaintiff-Intervenor's complaint and the charge of dlscnmmatIon filed WIth EEOC

23
24 CONSENT DECREE - PAGE 2

EQUAL EMPlOYMENT OPPORTUNITY COMMtSSfON Seattle OlStn<:t OffIce Federal OffICe Su"cling 909 First Avenue. Suite 400 Seattle. Washington 98104-1061 Telephone (206) 220-6883 Fax (206) 220-6911
TOO 12061 22()'6882

Case 2:01-cv-00836-BJR Document 25 Filed 01/14/2002 Page 3 of 10

1 by Cleveland Gamble. They enter into this Consent Decree to further the objectIves of equal

2 enIployment as set forth in Title VII.

3

II. NONADMISSION OF LIABILITY AND NONDETERMINATlON

BY THE COURT

4 7. This Consent Decree is not an adjudIcation or findIng on the merits of this case

5 and shall not be construed as an adrmssion by defendant of a vIOlation of Title VII.

6

III. JURISDICTION AND VENUE

7 8. JurisdIction of this Court is Invoked pursuant to 28 U.S.C. §§ 451,1331,1337,

8 1343 and 1345. ThIs action is authorized pursuant to Sections 706(f)(1) and (3) of TItle VII of

9 the CiVIl Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3), and Section

10 102 ofthe Civil Rights Act of 1991,42 U.S.C. § 1981a The enIployment practices alleged to

11 be unlawful In the complaint filed herein occurred within the jurisdiction ofthe Uruted States

12 Distnct Court for the Western Distnct of Washmgton.

13

IV. SEITLEMENT SCOPE

14 9. This Consent Decree IS the final and complete resolution of all allegations of

15 unlawful employment practtces contained in Mr. Gamble's dIscrimInation charge, In the

16 EEOC's administrative detenninations, and in the complaints filed herein, including all clauns

17 by the parties for attorney fees and costs.

18 V MONETARY RELIEF

19 10. In settlement of hIs complaint under Title VII, WESCOlBlue Dot agrees to pay

20 Cleveland Gamble Seventy-five Thousand Dollars ($75,000.00). DIstribution of settlement

21 funds will be handled by Plaintiff-Intervenors' private counsel.

22

23
24
CONSENT DECREE - PAGE 3

EQUAL EMPLOYMENt OPPORTIJNrTY COMMISStQN Seattle OIstrict Office Federal Office BulidinO 909 First Avenue, Suite 40D seattle, WaShIngton 98104-1061 Telephone (206) 22().6883 Fax (206) 220·6911 TDO {2061 220 6882

Case 2:01-cv-00836-BJR Document 25 Filed 01/14/2002 Page 4 of 10

1

VI. AFFIRMATIVE AND ornER RELIEF

2

A. General ProVIsions

3

11. WESCOlBlue Dot affirms Its obligations under Title VII of the Civil Rights Act

4 of 1964, 42 U.S.C.§ 2000e, et seq

5

12. WESCOlBlue Dot will institute the policies and practices set forth below, m

6 paragraphs 13 through 18, at its Magnoha location for Its Magnoha employees. Such

7 paragraphs shall not apply to Defendants' other locations or employees.

8

B. Anti-Discrimination Policies and Procedures

9

13. WESCOlBlue Dot shall instltlite and carry out anti-discrimination poliCies,

10 procedures and trammg for employees, SUperVIsors and managen!ent personnel, to the extent

11 not already established. WESCOlBlue Dot will tram their managers and SUperVIsors to

12 understand its Equal Employment Opportunity (EEO) poliCies and how those poliCies define

13 and identify what constitutes employment discrimination.

14

14. Withm forty-five (45) days of the date of the effective date of this Consent

15 Decree, WESCOlBlue Dot will distribute a wntten copy of Its EEO policy to all present and

16 future employees, both management and non-management. WESCOlBlue Dot Will provide

17 EEOC with a written copy of its EEO policy as part of Its first semi-annual report as prOVided

18 in paragraph 18 below.

19

C. Training

20

15. Within one hundred twenty (120) days after entry of this Consent Decree,

21 WESCOlBlue Dot will develop and present to all managers and supervisors a minimum of

22 two (2) hours oftraming on employment discnmlnatlon and a minimum of two (2) hours of

23 24
CONSENT DECREE - PAGE 4

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattte District Office Federal Office Bulklmg 909 FIrst Avenue. Suite 400 Seattle, Washington 98104-1061
Telephone 12061 220-6883 Fs)C (lOS) 220-6911 TOo (206) 220-6882

Case 2:01-cv-00836-BJR Document 25 Filed 01/14/2002 Page 5 of 10

1 such traming to non-management employees.

2

16. WESCOlBlue Dot Will notifY the EEOC of the completion of the trainmg and

3 will specifY the names and job titles of the employees who participated in and completed the

4 traming as part ofits first semi-annual report to the EEOC.

5

D. Reporting

6

17. WESCOlBlue Dot shall report in wntmg to the EEOC on a senu-annual basis,

7 beginning six (6) months from the date of the entry of this decree, and thereafter every six (6)

8 months for the duration of the decree the followmg mformation:

9

a. Certification of the completion of two (2) hours oftraining and list of

attendees; (first report only)

10

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

11

hired employees;

12

c. A list of any changes, modifications, revocations or revlSlons to Its EEO

policies and procedures which concem or affect the subject ofdiscrimination

13

based on race, sex or retaliation.

14

d. A summary of complamts of discrimmatlOn based on race and sex, if any, filed

With the Human Resource person(s) responsible for the Magnolia operation by

15

employees working at WESCOlBlue Dot's Magnolia location, and the

resolution of each complaint; and

16

e. A statement listrng the other proviSIOns of this decree that defendants are

17

required to perform and certifYing that WESCOlBlue Dot has complied with

the terms of the Decree. IfWESCOlBlue Dot has not complied With any term

18

of the Decree, the statement will speCifY the areas of noncompliance, the

reason for the noncompliance, and the steps taken to bring the defendants mto

19

compliance.

20

E. Posting

21

18. The company Will post a notice, attached as Exhibit 1 to tins Consent Decree.

22 The notice shall be posted on a centrally located bulletin board at WESCOlBlue Dot's

23 24
CONSENT DECREE - PAGE 5

EQUAL EMPlOYMENT OPPORT\JNJTY COMMISSION Seattle DIStrIct OffIce Federal Office BuDding 909 Atst Avenue, SUite 400 Seattle, WashIngton 981()4..1061 Telephone (2061 220.6883 Fax (2061 221)..85111 TOO (20S) 220.8S82

Case 2:01-cv-00836-BJR Document 25 Filed 01/14/2002 Page 6 of 10

1 Magnolia offices for thirty (30) days.

2

VII ENFORCEMENT

3

19. Ifthe EEOC detennines that WESCOIBIue Dot has not complied With the tenns

4 o(this Decree, the EEOC will provide wntten notificatIOn of the alleged breach to

5 WESCOlBlue Dot. The EEOC will not petitIon the court for enforcement of the Decree for at

6 least sixty (60) days after providing wntten notification of the alleged breach. The 60-day

7 period followmg the written notice shall be used by the parties for good faith efforts to resolve

8 the dispute.

9

VIII. RETENTION OF JURISDICTION

10

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

11 retain jurisdiction over this matter for the duration of the Decree.

12

IX. DURATION AND TERMINATION

13

21. This Decree shall be m effect for two (2) years begmnmg January 1, 2002 and

14 ending January 1,2004. Ifthe EEOC petitions the Court for breach of the Decree, and the

15 Court fmds WESCOlBlue Dot to be m violation of the tenns of the Decree, the Court may

16 extend the duration of the decree. 17 II 18 /I 19 /I 20 /I 21 /I 22 /I

23 24
CONSENT DECREE - PAGE 6

eQUAL EMPf.OVIlENT OPPORTUNrTY COMMISSION Seattle Ofstrict Office Faderel Office BUilding 909 First Avenue. Suite 400 Seattle, WashingtOn 98104-1061 Telephone (2De) 220.6883 Fax 1206) 220-8911 TOO [2061 220-Ba82

Case 2:01-cv-00836-BJR Document 25 Filed 01/14/2002 Page 7 of 10

f . . '".

1

X. CONCLUSION

2

22. The parties are not bound by any provision oftlns Decree until it is signed by

3 authorized representatIves of each party and entered by the court.

4

~ O~\I\'! Dated tlns

day

c.C \.\ 2001

5 A. LUIS LUCERO, IR. Regional Attorney

GWENDOLYN YOUNG REAMS Associate General Counsel

6 KATHRYN OLSON 7 Supervisory Tnal Attorney

8 LISA MORELLI GUARNERO Senior Tnal Attorney
9 EQUAL EMPLOYMENT
10 OPPORTUNITY COMMISSION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

11 Seattle District Office

909 First Avenue, Smte 400

12 Seattle, Washington 98104

Telephone (206) 220-6917

13

l

14 B . -*"-f<=--~"'/->.L~"",--",,,-J IA-

Office of the General Counsel 1801 OIL" Street, N.W. Waslnngton, D.C. 20507 Telephone (202) 663-4702

15 16 17 WAYNE HANSEN, ESQ 18 BY:_ _ _ _ _ _ _ __

19 Attorney for Defendant
20 JACKSON, LEWIS, SCHNITZLER & KRUPMAN 1420 Fifth Avenue
21 Suite 2000 Seattle, WA 98101-4063
22 Telephone: (206) 405-0404

23 24
CONSENT DECREE - PAGE 7

EQUAL EMPLOYMENT OPPORTUMTY COMMISStON Seattle DIStrict Office FecI&ral Office Building
909 Firat Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone I20Elt 22C).6883 Fax (206) 220-6911 TOD {2061 22()..68S2

Case 2:01-cv-00836-BJR Document 25 Filed 01/14/2002 Page 8 of 10

1

ORDER APPROVING CONSENT DECREE

2

The Court havmg considered the foregOing stipulated agreement of the parties,

3 IT IS HEREBY ORDERED THAT the foregoing Consent Decree be, and the same hereby IS,

4 approved as the final decree of this Court in full settlement of this action. This lawsuit is

5 hereby dismissed with prejudice and Without costs or attorneys' fees to any party The Court

6 retains jurisdiction of this matter for purposes of enforcing the Consent Decree approved

7 herein.

8 9

/,f~ DATED this

day of j,1LU.4...tfCf ,2002.

10

11

12

13

14

15

16

17

18

19

20

21

22

23
24 CONSENT DECREE - PAGE 8

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District OffIce Federal Office BUIlding 909 First Avenue, SUite 400 Seattle. Washing.tOl'l 98104-1061 Telephone (206) 220-6883 Fax {206) 220-6911 TOO (206) 220-6882

· .

Case 2:01-cv-00836-BJR Document 25 Filed 01/14/2002 Page 9 of 10

1 NOTICE TO ALL EMPLOYEES
2 This notice IS beIng posted pursuant to an agreement between WashIngton Energy
3 Services Co. and Blue Dot ServIces Co. of Washington and the U.S. Equal Employment Opportunity CommissIOn, entered as the result of a settlement of a lawsuit pendIng In the
4 federal distnct court for the Western Distnct of WashIngton at Seattle, ClVll No. C01-0836R.

5

Title VII of the CIvil Rights Act of 1964, as amended, the Age DIscrimination in

Employment Act of 1967, the Equal Pay Act of 1963, and the Americans with DisabilitIes Act

6 of 1990 are enforced by the EEOC and require the follOWIng:

7

That there be no discriminatIon agamst any employee or applIcant for

employment becanse of the employee's race, sex, color, religion, national

8

ongin, age (over age 40), or disability with respect to bmng, finng,

compensation, or other terms, conditions or privIleges of employment.

9

It IS an unlawful employment practice for an employer to retaliate agamst any

10

employees or applIcants for employment because they have opposed a practice or

because they have made a charge, testified, asSISted, or partICIpated in any manner In

11

an investigation, proceedIng, or hearing under these stamtes.

12

WESCOlBlue Dot WIll InstImte a training program to tram its managers regardIng the

requirements ofthe above stamtes, WIth particular emphasis on race, sex and retaliatIon

13 discrimination.

DATED _ _ _ _ _ _ __ 14

15

Washington Energy Services Co. and

Blue Dot ServIces Co. of Washington

16

17

18

19

20

21

22

23 24
CONSENT DECREE - PAGE 9

EQUAL EMPLOYMENT oPPORTUNITY COMMISSION 5eettle DIstrICt Office Federal Offl'Ce Buildmg 909 FIr$t Avenue. SUite 400 5eIttJe, Washington 98104-1061 Telephone (206) 220-6883 fall (206) 22C).8911 TDO 120B, 220 6882

• ,,

Case 2:01-cv-00836-BJR Document 25 Filed 01/14/2002 Page 10 of 10

1

CERTIFICATE OF SERVICE

2 I hereby certify that I served a copy of Consent Decree and Order Dismissing Action to the

party(s) listed below:

3

Lisa N. W. Dubhn, Esq.

4

Wayne Hansen, Esq.

Jackson LeWIS Schnitzler & Krupman

5

1420 5th Ave., Suite 2000

Seattle, WA 98101

6

Attorneys for Defendant

7

8 by the following indicated method or methods:

•

by mailing a copy thereof in a sealed, first-class postage-paid envelope,

addressed to the attorney(s) listed above, and depOSIted with the United

States Postal Service at Seattle, Washington, on the date set forth below.

16 17 18 19 20 21 22 23 24
25
CERTIFICATE OF SERVICE

U S EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seettle District Office
909 First Avenuf!. SUite 400 Seattle, WllaI'Ilngton 98104-1061
Telep~e {206} 220-6883 F&<::sll'Nle [2061 220-6911
TOD (206J 220·6882

 
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CLOSED, JURYDEMAND
U.S. District Court WESTERN DISTRICT OF WASHINGTON (Seattle) CIVIL DOCKET FOR CASE #: 2:01-cv-00836-BJR

EEOC v. WA Energy Svcs Co, et al Assigned to: Hon. Barbara J. Rothstein Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 06/05/2001 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

Kathryn Blaire Olson EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Email: kathryn.olson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Washington Energy Services Co

represented by Lisa N W Dublin SEBRIS BUSTO JAMES 14205 SE 36TH ST STE 325 BELLEVUE, WA 98006 425-454-4233 Fax: 425-450-0111 Email: ldublin@SebrisBusto.com LEAD ATTORNEY

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Defendant Blue Dot Services Company of Washington
Intervenor Plaintiff C Karl Gamble

ATTORNEY TO BE NOTICED
Wayne W Hansen JACKSON LEWIS (SEA) ONE UNION SQUARE 600 UNIVERSITY ST STE 2900 SEATTLE, WA 98101 206-405-0404 Fax: FAX 405-4450 Email: hansenw@jacksonlewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Lisa N W Dublin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wayne W Hansen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Harold Hudson Franklin, Jr 459 SENECA AVE NW RENTON, WA 98055 206-617-7031 Email: haroldfranklin1@comcast.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/05/2001 06/14/2001 06/18/2001 06/19/2001 06/29/2001

#

Docket Text

1 COMPLAINT JURY TRIAL DEMANDED (Summons(es) issued) Receipt # fee waived (USA) (PM) (Entered: 06/13/2001)

2 ATTORNEY APPEARANCE for defendant Blue Dot Svcs Co WA by Lisa N W Dublin, Wayne W Hansen (RS) (Entered: 06/15/2001)

3 ORDER/NOTICE OF JOINT STATUS REPORT Joint Status Report due 7/26/01 (cc: counsel, Judge) (RS) (Entered: 06/20/2001)

4 ATTORNEY APPEARANCE for defendant by Lisa N W Dublin, Wayne W Hansen (RS) (Entered: 06/21/2001)

5 MOTION by defendant for a more definite statement NOTED FOR 7/20/01 (CL) (Entered: 07/02/2001)

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07/12/2001 07/16/2001 07/16/2001 07/19/2001 07/23/2001
08/06/2001 08/09/2001 08/20/2001 08/23/2001 08/23/2001 08/23/2001 08/23/2001 08/23/2001 08/27/2001 09/10/2001

6 EXTENSION by plaintiff ; joint status report ddl extended to 8/27/01 (RS) (Entered: 07/12/2001)
7 RESPONSE by plaintiff to motion for a more definite statement [5-1] (RS) (Entered: 07/17/2001)
8 DECLARATION of John Stanley by plaintiff re: motion response [7-1] (RS) (Entered: 07/17/2001)
9 REPLY by defendant TO RESPONSE to motion for a more definite statement [5-1] (RS) (Entered: 07/20/2001)
10 ORDER by Judge Barbara J. Rothstein GRANTING dfts' motion for more definite statement [5-1] (cc: counsel, Judge) (RS) (Entered: 07/24/2001)
11 AMENDED COMPLAINT [1-1] by plaintiff; jury demand (RY) (Entered: 08/07/2001)
12 RETURN OF SERVICE of summons and first amended complaint executed upon Lisa N.W. Dublin on 8/6/01 (VK) (Entered: 08/09/2001)
13 ANSWER and affirmative defenses to complaint [11-1] by defendant (VB) (Entered: 08/22/2001)
14 MOTION to intervene by C. Karl Gamble NOTED FOR 9/7/01 (RY) (Entered: 08/24/2001)
15 NOTICE that the following is NOTED FOR 9/7/01 motion to intervene by C. Karl Gamble (RY) (Entered: 08/24/2001)
16 DECLARATION of C. Karl Gamble re motion to intervene by C. Karl Gamble [14-1] (RY) (Entered: 08/24/2001)
LODGED ORDER: re: motion to intervene by C. Karl Gamble [14-1] (RY) (Entered: 08/24/2001)
PROPOSED Complaint in Intervention re: motion to intervene by C. Karl Gamble [14-1] (RY) (Entered: 08/24/2001)
17 JOINT STATUS REPORT filed by all parties. Est. Trial Days: 7 days (MD) (Entered: 08/27/2001)
18 ORDER SETTING TRIAL and PRETRIAL SCHEDULES and Designating case under Local Rule CR 39.1 by Judge Barbara Jacobs Rothstein: Jury trial set for 10/7/02 ; Deadline to Join Additional Parties is 12/3/01 ; Disclosure of expert testimony due: 4/8/02 ; Disclosure of rebuttal expert testimony due: 5/6/02 ; Discovery Motions to be filed by 6/6/02 ; Discovery deadline set for 7/1/02 ; Dispositive Motions to be filed by 7/11/02 ; Settlement conf. per CR 39.1(c)(2) by 1/28/02 ; 39.1 designation effective 6/17/02 ; Motions in Limine deadline 9/9/02 ; Agreed Pretrial Order set for 9/9/02 ; Trial briefs and exhibits to be submitted by 9/23/02 ; Voir dire/jury instructions 9/23/02 ; Jury Trial set for 7 days (cc: counsel, Judge, ET) (VK) (Entered: 09/12/2001)

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09/10/2001
09/10/2001 10/09/2001 01/04/2002 01/07/2002 01/07/2002 01/07/2002 01/14/2002
01/14/2002

19 ORDER by Judge Barbara J. Rothstein GRANTING motion to intervene by C. Karl Gamble [14-1]; intervenor-plaintiff C. Karl Gamble added (cc: counsel, Judge) (VK) (Entered: 09/12/2001)
20 COMPLAINT: Intervention by intervenor-plaintiff C Karl Gamble (RY) (Entered: 09/17/2001)
21 ANSWER to intervenor's complaint [20-1] by defendant (VK) (Entered: 10/12/2001)
LODGED ORDER: proposed consent decree and order dismissing action (MD) (Entered: 01/07/2002)
LODGED ORDER: Stipulation of dismissal of intervenor-plaintiff Gamble's claims against dfts (RY) (Entered: 01/07/2002)
22 PRAECIPE: by defendant with faxed signature attached for proposed consent decree (RS) (Entered: 01/08/2002)
24 AFFIDAVIT OF SERVICE by intervenor-plaintiff order lodged [0-0] (RY) (Entered: 01/14/2002)
23 STIPULATION and ORDER by Judge Barbara J. Rothstein : of dismissal of plaintiff in intervention Gamble's claims (cc: counsel, Judge) (RY) (Entered: 01/14/2002)
25 CONSENT DECREE by Judge Barbara J. Rothstein and ORDER Dismissing Action; with prejudice and w/o costs (cc: counsel, Judge, Jgm. Book) Entered on: 1/14/02 (RY) (Entered: 01/14/2002)

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