Case 2:04-cv-00503-RSL Document 1-1 Filed 03/05/2004 Page 1 of 4

A. LUIS LUCERO, JR., REGIONAL ATTORNEY

KATHRYN OLSON, SUPERVISORY TRIAL ATTORNEY 2 CARMEN FLORES, SENIOR TRIAL ATTORNEY

ORIGINAL

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

J 909 FIRST AVENUE, SUJTE 400 SEATTLE, WA 98104

_ _FILED

ENTERED

4 TEL: (206) 220-6893 FAX:(206) 220-6911

_ _ LODGEQ.___,,_ ,RtCEIVED

5 carmcnm.florcs@eeoc.gov

HAR 0 5 ZD04 KN

6 ATTORNEYS FOR PLAINTIFF 7

AI t>t.AIIL(:.
CLERI( u.:.. DISTI!It:;T CQUAT
~ rnSTRICT 01' wASHINGlONOU'Vft'
'"'

8

UNITED STATES DISTRICT COIJRT

9

FOR THE WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

10

II EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
12 Plaintiff,

l

CIVIL ACTION NO.

l C04- 50 3~

13

)

v. 14

l

COMPLAINT JURY TRIAL DEMAND

15 TRENDWfXf RESORTS, INC,

)

)

16
17

Defendant.

l

18

NATURE OF THE ACTION

19

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

20 Rights Act of J991 to correct unlawful employment practices on the basis of sex and to provide

21 appropriate relief to Brenda McAllister ("Ms. McAllister") and a. class of similarly situated

22 individuals ("class membcrs1'). The Equal Employment Opportunity Commission alleges thaL

23 defendant subjected Ms. McAllister and the class members to disparate tenns and conditions in their

24 employment on the basis of their sex, female. Plaintiff seeks monetary relief, including pecuniary

25 and nonpecuniary compensatory and punitive damages and injunctive relief, on behalf of Ms.

26 McAllister and the class members.

27 IIIIIIIIIIIIIIIIIIIIIIIIIIIEIIIIIIH 11111111 11111111111111111111111111111111111
0~-( .'V-IHI50J-< eM I'
TRENDWEST RI-<:SORTS, INC. C.:OMPLAINT- PA<H-i l

EQUAL EMPLOYMENT OFPORTUNITY COr.tr.tiSSION Suttle rlistr1ct 0~ P800ml Ofliao &ildirlg
909 flr.otAYI'OU~, SUit.. 400
Se!!l11•, w.,.h,l'igtol'1 95104-1001
nlat'llQI'll' (1DBJ 22Q-(;8e~
Fru~ (20&] ~Q~~j 1
n:m (2re) 2:ZO-MB2

Case 2:04-cv-00503-RSL Document 1-1 Filed 03/05/2004 Page 2 of 4

JURISDICTION AND VENUE

2

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

3 and !345. This action is authorized and instituted pursuaut to sections 706(!)( l) and (3) of Title Vll

4 of the Civil Rights 1\ct of 1964, as amended, 42 U.S.C. sections 2000e-5(J)(l) and (3) ("Title Vll"),

5 and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §!98la.

6

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

7 jurisdiction of the United States District Court for the District of Washington at Seattle.

8

PI\RTIES

9

3.

PJaintiff, the Eqt~al Employment Opportunity Commissjon (the 11 Commission',), is the

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

II enforcement of Title VII, and is expressly authorized to bring this action by Section 706(1)( I) of

12 Title VII, 42 U.S.C. §2000e-5(f)(l).

13

4. At all relevant times. defendant Trcndwest Resorts, Inc.("'Trendwest") has been a

14 corporation continuously doing business in the State of Washington and bus continuously had at least

15 15 employees.

16

5. At alJ relevant times, defendant Trendwest has continuously been an employer

17 engaged in an industry a!Tecting commerce within the meaning of Sections 70J(b), (g) and (h) of

18 Title VJ!, 42 U.S.C. §§2000e-(b), (g) and (h).

19

STATRMENT OF CLAIMS

20

6. More than thirty days prior to the institution or this lawsuit, Ms. McAllit"ter filed a

21 charge with the Commission alleging violations of Title VIJ by defendant Trcndwest. All conditions

22 precedent to the institution of this lawsuit have been fulfilled.

23

7. Since on or about March 2, 2001, defendant Trendwest engaged in lllllawful

24 employment practices at its Northwest region facilitie~ 1n violation of§§ 703(a) of Title VII, 42

25 U.S.C. §§ 2000e-2(a). Delendant Irendwest affected the (erms and conditions of Ms. McAllister's

26 and the class members' employment by subjecting then to disparate treatment in the terms and

27 conditions of their employment because of their sex) female.

TRENDWEST }{KSORTS, INC. CUMI'i.ATNT ·PAGE 2

~UAL EMPLOYMe:'""' OPPORTUNITY COMMISSION s..,lllth• District Oltlel.'
fOOeral QHiM Building 909 FiliL A~enue. SlJiiQ JIQD 3£or.tiiE, W~shi~Q1a~ 981DII-1061 T~laphorte [2\Jt;J 2:20.81183
F;oo; (206) 220-6ilt 1
TDD (205) 220-lle62

Case 2:04-cv-00503-RSL Document 1-1 Filed 03/05/2004 Page 3 of 4

8. The etfect of the practices complained of in paragraph 7 above ha.<> been to deprive

2 Ms. McAllister and the clas.s members of equal employment opportunities and othcrnrise adversely

3 affect her status as 311 employee bccau~e of their sex, female.

4

9.

The unlawful employment practices complained of in par~1faph 7 above were

5 intentional.

6

10.

TI1e unlawful employment practices complained ofin paragraph 7 above were done

7 with malice or with reckless indifference to Ms. McAllister's and tbe cJass members' federally

8 protected rights.

9

PRAYER FOR RELIEF

J 0

Wherefore, the Commiss-ion respectfully requests that thi~ Court:

I I

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

12 assigns, and all persons in active concerl or participation with it, from engaging in ooy employment

J3 practices which discriminate on the basis of sex.

14

B. Order defendant to institute and carry out policies, practice~, and progrctms which

15 provide equal employment opportunities for all employees, and which eradicate the effects of its past

16 and ptescnt unlawful employment practices>

17

c. Order defendant to make whole Ms. McAllister and the class members by providing

18 appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other

19 affirmative reHef necessary to eradicate the effects of its unlawful employment practices.

20

D. Order defendant to make whole Ms. McAllister and the class members by providing

21 compensation for past and future pecuniary losses resulting from the unlawful employment practices

22 described in paragraph 7 above, including pm;t and future out-of-pocket e:xpenses, in amoWlts to be

23 detemtincd at trial c

24

E. Order defendant to make whole Ms. McAllister and. the class members by providing

25 compensation f:br past and future nonpecuniary losses resulting from the unlawful practice~

26 complained of in paragrctpf'l 7 above, including without limitation emotional pain, suffering, and loss

27 of enjoyment of life, in amounts to be determined at trial.

TRENDWEST RESORTS, INC. COMPLAINT· PAGE J

EQUAL EMPLOYME.NT OF>PORTUNITY COMMISSION Suttte Dlttrlc;t Offle& Fi!d&r".!!l omc.a Buil~i~a
909 ~lrSIA'IliOU~, Suilfl ~00
Sailllla, WnhiOQton ~10'1-10B1
T;l;pha"" (2DB) 220-'0663 Fax (2U~) ~.691 1
TDD (206) Z20-li882

Case 2:04-cv-00503-RSL Document 1-1 Filed 03/05/2004 Page 4 of 4

F. Order defendant to pay Ms. McAllister and the class mernbets punitive damages for 2 its malicious and reckless conduct described in paragraph 7 above~ in amounts to be determined at

3 triaL

4

G.

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

5 interest.

6

!!. Award the Commission its costs ofthis action.

7

JURY TRIAL DEMAND

8

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

9

lO

DATED this5't>h day of"-fr/anrl

11

12
A. LUIS LUCERO, JR.
13 Regional Attorney

ERIC S. DREIBAND General Counsel

14 KATHRYN OLSON Supervisory Trial Attorney
IS CARMEN FLORES
16 Senior Trial Attorney
17 BY: d. CW«:, cJwiA't? ~
18
EQUAL EMPLOYMENT OPPORTUNITY 19 COMMISSION
Seattle District Office 20 909 First Avenue, Suite 400
Seattie, Washington 98104
21 Telephone (206) 220-689:J

JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMJSS!ON Ofiice ofthe General Counsel 1801 "L" Street, N.W. Washington, D.C. 20507

22

Attorneys for Plaintiff

23

24
25

26 27

TRt!NLJ'WEST RESORTS, INC. COI\'IPLAINT- PAGE 4

EQUAL EMPLOYME:N'I' OPPORTUNITY C()MrJIISSION Seattlu Dlttrlet Offic& FM~r~l on1os !IYildinlil
9og F~rstAif<lnus, SIJ,t~ 400
s....ru.., w;n~,~~~ 9ffl04-1001
TE>IB!lt'oo~ (~00) ;!2r:Hl!l!!3 FEll (206) ~21).6<;1( 1
TDD (206) 22r:Hl!!!!2

 
 ..-------~--------------.
Case 2:04-cv-00503-RSL Document 2

Filed 06/01/2004

Page 1 of 19

I A. LUIS LUCBRO, JR., Regional Attorney
KATHRYN OLSON, Supervisory Trial Attorney
2 CARMEN FLORES, Senior Trial Allomey TIquaJ Dmployrn.ent Opportunity Commission
3 Seattle District OfJ1ce 909 First Avenue, Suite 400
4 Seattle, Washington 98104
206/220--6893 5 206/220-69111fax
Attorneys for Plaintiff
6

ORIGINAL

7

8

UNITED STATES DISTRICT COURT

9

WESTERN DISTRlCT OF WASHINGTON

10

II EQUAL EMPLOYMENT OPPORTUNITY) NO. C04-503L

COMMISSION, 12

) ) il'IH3P8SIlD] CONSENT DECREE AND

Plaintiff,
13

) ORDER OF DISMISSAL )

vs. 14
TR.BNDWEST RESORTS, INC., 15
Defendant.
16

)
l 111111111111111111111111111111111111111111111
)
) 1111111111111111111111111111111111111111
04-CV-IMIS03-BCST

17

A. INTRODUCTiON

18

1.

This action originated with a discrimination charge filed. by Brenda McAllist~r

19

("Charging Party") with plaintiff Equal Employment Opportunity Comm ission ("EEOC"). The
20

Charging Party alleged that defendan1 TrendwestResorts,lnc. ('1'rendwest'), discriminated against 21

her and a class ofsimilarly situated individuals on the basis of their sex, female, by subjecting them 22

to disparate tenns and conditions in their employment, in violation orTitle VII of the Civil Rights
* 23 Act of 1964, as amended ("Title VII"), 42 U.S.c. 2000e ef seq.
24

2. After conducting an investigation of Charging Party's allegations, the EBOC sent to
25

Trendwest a Letter ofDetennination with a finding ofreasonable cause that i.thad violated Title Vll.
26

3. On October 23 and November 24, 2003, tile EEOC and Trendwest participated in a 27

mediation. As a result of the mediation, thc EEOC and Trendwcst have agreed to conclude all 28

SFITRF.NDWEST MCALLISTER - COI1~ont Delillle(_' J).WPLJ

CONS~T DECREE

Case 2:04-cv-00503-RSL Document 2 Filed 06/01/2004 Page 2 of 19

1 claims without expending further resourceS h1 contested litigation by m~ans of this [Proposed]

2 Consent Decree and Order of Dismissal (this "Consent Decree")c

3

4. With respect to a civil action that the EEOC intends to bri11g against Trcndwest in

4 connection with this Consent Decree, the parties have agreed as follows:

5

3. The EEOC intends to commence a civil action (the "Civil Action") against

6 Trendwest in the U.S. District Court for the Western District of Washington (the "District Court")

7 at Seattle based on the allegations of the Charging Party's charge of discrimination against

8 Trendwest.

9

h. Notwithstanding the commencement of the Civil Action, the EEOC will

10 proceed to effect resolution ofthe Civil Action consistcntwith the terms ofthis Consent Decree, and

11 will pursue proseculion orthat aclion only in the event that this Consent Decree (ioes not become

12 effective under the terms and conditions set forth below.

13

c. The EEOC will take an necessary and reasonable st(:ps to facilitate adoption

14 of the Consent Decree hy the District Court without the need for Trendwe~.t to answer the EEOC's

15 civil complaint orothcTW'iseparticipate in the litigation process (other than ,lD. support ofthe District
16 Court's adoption ofthe Consent Decree), including such measures as de rerri llg service On Trendwest

17 of the EEOC's complaint in the Civil Action.

18

d. Jt is the intention oftheparties that this Consent Decree will serve as the final

19 judgment in the Civil Action.

20 B. NON·ADMISSION OF LIABILITY AND NON·DETERMTNAT10NBYTlIE COURT

21

This Consent Decree is not an admission ofwrongdoing or an adjudication or finding on the

22 merits of the case. On the contrary, Trendwest specifically and vigDrously denies that its 23 employment practices withrespcct to Charging Party, any Class Member (as defined in section E.1,),

24 or anyone else, were unlawful in any respect. This Consent Decree will not be used as f;':vid~l1c~ of
25 liability or for purposes of res judic(1ta or collateral estoppel in any legal proceeding against

26 Trendwest. Neither the agreement to enter this Consent Decree, n.or the Consent Decree itself, will

27 be admissible in any proceeding as an admission by Trendwest ofanyviolation of, failure to comply 28

SPlTkENLlWI:.'iT MC'AU ,CSTF.R • Consellt Decre~(v J).WPD

·2·

CONSENT DI-'£RHH

Case 2:04-cv-00503-RSL Document 2 Filed 06/01/2004 Page 3 of 19

with, interference, retaliation or obstruction ofcompliance wilh Title Vll or any other employment

2 law or order.

3 C. SCOPE OF SETTLEMENT

4

This Consent Decree is the final and complete resolution of all iHsues and claims by the

5 EEOC against Trcndwest arising ou1 or Charging Partyts EEOC charge, including claims for

6 attorneys' fees and costs, and is binding and final as to a11 such issues and claims except that, if

7 Charging Party or any Class Member declines to sign thereleastl required under this Consent Decree,
8 it will not be binding as to that person individually. This Consent De::ree will apply on1y to

9 Trendwcsfs Northwest Region, which includes Trcndwest's facilities in the States or A1aska,

10 Washington. Oregon, and Idaho.

11 D. JURISDICTION AND VENUE

12

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

13 and 1345. This aclion is authorizod to be brought by the EEOC pursuant to sections 706(1)(1) and

14 (3) ofTitle VII, 42 U.S.C. §§ 2000e-5(1)(1) and (3), and section 102 of the Civil Rights Act ofl991,

15 42 U.S.C. § 1981.. The employment practices alleged to be unlawlUl occurred within the

16 jurisdiction ofthis Court.

17 E. DEFINITION OF TERMS

18 For the purposes of this Consent Decree, the following definitions apply:

19

'1.

"Class Mcmbcr~~ means a female employee of Trendwcst who was employed in its

20 Northwest Region as a Sales Representative or Sales Assistant Manager for at least six consecutive

21 months during the Class Period; and who, in at lcast three (not necessarily consecutive) months

22 during her employment as a Sales Representative or- Sales Assistant Manager, T'clnked within the top

23 25 percent by compensation ofall female Sales Representatives and Sales Assistant Managers ill the

24 Northwest Region.

25

2. "C1ass Period" means the periOd from January 1, 2001, to December 31, 2003,

26 inclusive.

27

3. Unless otherwise indicated, "days" means calendar days.

28

SflTRBNDWEST MeAI.1 ,ISTER • C0l18Cnt nccrc~(v1).wrD

-3-

CONSDNT DEClu,ri

Case 2:04-cv-00503-RSL Document 2 Filed 06/01/2004 Page 4 of 19

1

4. "Effective Date of the Consent Decree" means the date that the Court enters this

2 Consent Decree as its judgment 1n this matter.

3

5. "Sett1cmcntPool" means $475,000 to be paid by Trcndwest pursuant to this Consent

4 Decree.

5 F. MONETARY RELlEFIRELEASE OF CLAIMS

6

1. In settlement of the EEOC's claims in this maUer, and subject to the telTIls and

7 conditions sct forth below, Trendwest will distribute the Settlement Pool to all Class Members who

8 grant a release to Trendwest in the form specified by Trelldwest.

9

2. Each Class Member's share of the Settlement Pool will be c:alculatcd based on that

10 Class Member's oumherofmonths employed as a Sales Representative or a Sales Assistant Manager

11 in Trendwesfs Northwest Region during the Class Period, compared to the munber of months of

12 such employment during the Class Period by other Class Members. For example. a Class Member

13 who worked one year as a Sales Representative in the Class Period would receive a share that is

14 tWIce as large as a Class Member who worked six months as a Sales Reprcs(mtative during the Class

15 Period. In cases of service with a fractional month, the month will be rounded up or down to the

16 nearest whole month.

17

3. Each Class Member will be entitled to receive reimbursement of up to $200 for her

18 reasonable attorneys:! fees ifthe Class Member consults an attorney about thc release before signing

19 it. The total potential reimbursement of $5,000 will be taken out of the Settlement Pool before
20 distributions are made.

21

4. Payments (other than reimhurserneflt ofa.ttomeys' fees) will be made less applicable

22 tax withholdings and deductions, which also will be paid out of the Settlement Pool. However,

23 Trendwest will pay all employer portions of payroll taxes rrom other resources and not from the

24 Settlement Pool. Paym~mts will be made within 30 days of the Court's final judgment entering this

25 Consent Decree.

26

5. Trendwest's acceptance of this Consent Decree is conditiolled by the execution and

27 retum to Trendwest ofthe release by at least 75 percent of the Class Membt;:($ not later than 60 days

28 after notice of the settlement evidenced by this Consent Decree is given to the Class Members.

sFfrRENTlWF:5T MCALLISTER· Con:ll;:ni Dem:e(vl).Wl'lJ

-4-

CONSEl'IT DECREE

Case 2:04-cv-00503-RSL Document 2 Filed 06/01/2004 Page 5 of 19

Notice will be accomplished by means of mailing to Class Membtm> the fann of notice evidenced

2 by Exhibit A to this Consent Decree accompanied by a summary of this Consent Decree and the

3 release. Irthat minimum percentage is not reached. Trcndwest has the right to declare this Consent

4 Decree null and void and it will have no force or effect.

5

6. If at least 75 percent but not 100 percent of the Class Members. timely return the

6 release to Trcndwest. then Trendwest may Teta1n those non-participating Class Members' shaTes of

7 the Settlement Pool to help pay for the cost of its defense against any claims that the

8 non-parlic1paling Class Members may bring against Trendwest thal would have been released had

9 the Class Members participated in the Settlement.

10

7. Upon notice by Trendwest of which Class Members have failed to timely return the

11 release to Trcndwest, the EEOC will issue a right-to~sue notice to those non-paTticipating C1ass

12 Memhers indicating that a claim under Title Vll against Trendwest must b~: brought within 90 days

13 after receipt of the right-to-sue notice Or be barred. If, within six months alter issuance or the

14 right-to-sue not icc by thc EEOC, thc non-participating C1ass Member has not brought such a claim,

15 then Trendwest will donate that Class Member's share, plus accrued interest, to Dress for Success,

16 c/o Rita Ryder, Executive Dircctorofthe Seattle YWCA. In addition, any amOlUlt ofthe $5,000 sct

17 aside from the SeWemenl Pool that is not used to reimbun.e Class Members for their reasonable

18 attorneys' fees will be donated, plus accrued interest, to Dress for Success.

19

8. By agreeing to this section of the Consent Decree, Trendwest is not waiving any

20 defense to any such non-participating Class Member's claim based on the statute oflimitations, nor

21 conceding that a claim brought within the 90-day or six-month period following issuance ofthe

22 right-Io-sue notice wou1d be lime1y.

23 G. INJUNCTIVE RELIEF

24

l.

Compliance wit~ Title VII

25

a.

Trendwest reaffmns its commitment to comply wirh Title VTt To fUTther

26 this commitment, Trendwest -willlllonitor the affirmative obligations of this Consent Decree. The

27 following tenns of this Consent Decree apply to all applicants and employees in TTendwesfs

28 Northwest Region.

SFtrRF,NOWP.8T MC'ALLlSTER· Consent Dl:\:r~(vl), WPD

-5-

CONSENT DECREE

Case 2:04-cv-00503-RSL Document 2 Filed 06/01/2004 Page 6 of 19

1

b. Trendwest will not retal1ate against any applicant or employee for opposing

2 a practice deemed unlawful by Title VII or rormaking a charge, testifying, assisting, or participating

3 in any investigation. proceeding, or hearing associated with this action.

4

c. Trendwest is hereby enjoined from engaging in persOlmel practices that

5 unlawrully discriminate against applicants and employees in violation of Title VII. In recognition

6 of its obligations under Title Vll~ Trendwest will institute the policies and practices set forth below.

7

2. Retention of a Consultant

8

Trendwest will retain~ at Trendwest's expense) aconsu11ant to cOflductan jnternal Teview and

9 aud1tofTrendwest's promotion and advancement practices and proced.ures within the sales division

10 ofits Northwest Region. With the assistance ofthe consultant, Trendwestwill adopt awritten policy

11 that sets forth the requirements and criteria for advancement opportunities and make this policy

12 available to all applicants and employees oCTrendwest's Northwest Region. This policy will be

13 distributed to all present and future employees, both management and non-management~ if!

14 Trendwest's Northwest Region within 90 days ofthc entry of this Consent Decree.

15

3. Strengthening or Policies

16

a. Trendwest will improve and strengthen its existing policies against

17 discriminatory employment practices based on sex by creating and improVIng its internal grievance

18 and complaint resolution procedure as outlined below. This policy will be distributed to all present

19 and future employees, both management and non-management, in Trcndwcst's Northwest Region

20 within 45 days aeter entry of this Consent Decree and continU1ng for the durdtion of this Consent

21 Decree. Distribution to temporary etnployees may consist of notification ·ofthe eXIstence and the

22 location ofthe policy.

23

b. TTendwest affmns the following "Statement of Zero-Tolerance Policy and

24 Workplace Objectives":

25

Trendwest Resorts, inc. is firmly committed to developing and maintaining a

zero-tolerance policy concerning sex discrimination and retaliation against

26

individuals who report discrimination in thc company's workplac(;; to swinIy and

firmly responding to any acts of sex discrimination OT retaliatiGn of which the

27

company becomes aware; to implementing a disciplinary system that is designed to

strongly deter futUre acts of sex discrimina.tion OT retaliation; and to actively

28

SFITRENDWEST MCALLlSI r:R - Con$cnt Decl'ee(~ I),WPD

CONSENT DECREE

Case 2:04-cv-00503-RSL Document 2 Filed 06/01/2004 Page 7 of 19

monitoring its workplace in order to ensure tolerance, respect and dignity for all

people.

2

4.

Employment Ref~ren(:e!il and Expunging R«Qrds

3 a. Trcndwcst will not disclose any information or make references to any

4

charges of discrimination or this case in responding to employment reference requests for

or 5 information about Charging Party or any the Class Members. Tn response to any inquiries,

6 Trendwest will provide employment references that include only dates ofemployment and positions

7 held. Trendwest may produce pcrsonnc1 infonnation involving these mdividuals ifit is responding
8

to any lawful third-party subpoena or other order of a court.
9

b. Trendwest will expul1gefrom the personnel files ofCharging Party and Class

10
Members any references to ~ charge of discrimination against Trendwest and this lawsuit.
11 Trcndwcst will not add any infonnation or references to the personnel files ·:)[Charging Party or the

12

Class Members regardIng the charge ofdiscrimination and this case after such references have been

13

expunged. Files containing information about Charging Party and thc Class Members that have been
14

developed during this acti.on will be maintained by Trendwest separately from the personnel files 15

of Charging Party ..nd Class Members and be kept secun:: and confidential. Trendwest will make

16

the personnel files ofCharging Party and Class Members available for inspection by, respectively,
17

Charging Party and Class Members, or their respective counstli, at Trendwesfs offices located at
18

9805 Willows Road, Redmond, Washington 98052 upon reasonable noticl::. 19

5. Additiooal Compliance Measures 20

Tn oTder to carry out the ohjectives embodied in Trcndwest's Statement of Zero-Tolerance
21
Policy and Workplace Objectives and this Decrec~ Trcndwest will ensure thc following policies,
22

procedures, and practices are in effect:
23

a. Complaint Procedures
24

(1 ) Trendwest will provide to its employees the name, responsibilities,
25

work location, and telephone number of the management employces charged with investigating
26

issues ofemployment discrimination. That inronnation will be routinely and continuously posted.
27

lfthe name or deSignation of the management employees charged with investigating issu.es of sex
28

SI'fI'RF.NDWEST MCALLlSThK - COIISCllt [).e~t\'!t(v I).WPD

-7-

CONSENT DfiCR~B

Case 2:04-cv-00503-RSL Document 2 Filed 06/01/2004 Page 8 of 19

1 discrimination and retaliation changes, Trendwest wi 11 re-post his or her name, responsibilities, work 2 location, and lelephone number. Also, as part ofits proc~dure, Trendwest will maintain its Integrity

3 Hotline, an 800 telephone serviee which allows any Trendwest employee to register complaints or

4 concerns on an anonymous basis. Upper management employees designated by Trcndwest to

5 investigate complaints of discrimination regularly will gather the complaints from the Integrity

6 Hotline.

7

(2) Trendwest will enable complaining parties to be interviewed by

8 Trendwest about their complaints in such a maImer that permits the complaining party, at such

9 party's election, to remain inconspicuous to all of the employees in such party's work area.

10 Trendwest's complaint procedure will not impose upon individuals seekbg to make a complaint

11 alleging sex discrimination or retaliation any requirements that are more burdensome than arc

12 imposed upon individuals who make other complaints ofcomparable gravity.

13

(3) Trendwest win ensure that its policies and procedures provide that

14 complaint handling and dIsciplinary procedures regarding all complaints of sex discrimination or

15 retaliation are investigated and addressed promptly. Specifically, Trendwcstwill make its bcsteITort

16 to investigate all complaints of sex discrimination or retaliaUon promptly and to complete

17 investigations within four weeks. Trendwest will further make its best effi)li to prepare its written

18 findings of the results of each investigation and the remedial actions proposed within 14 days after

19 completion ofthe investigation, and will thereupon promptiy communicate 1.0 the complainingparty

20 the results of the investigation and the remedial actions taken or proposed, if any.

21

(4) Trendwest will make its best effort to ensure that appropriate remedial

22 action is taken to resolve complaints and to avoid the occurrence orsex discrimination or retaliation.

23 Trendwest will maintain its progressive discipline poljey to provide for substantial discipline,
24 including, but not limited (0, suspensions without pay or tcrmination~ as a possible consequence for

25 violations of its anti-discrimination policy.

26

b. Policies Designed to Promote Supervisor ACCOPQtability

27

(1) Trendwest will impose substantial discipline, up to and inCluding

28 demotion. suspension without pay, or termination, as pennitted by law, 'Jpon any supervisor or

SFITRI!NDWbST MeAl J.rSTf.R· Consel11 Decr!ltl(vl).Wi'D

-8-

CONSENT DEeRlm

Case 2:04-cv-00503-RSL Document 2 Filed 06/01/2004 Page 9 of 19

1 manager who engages in sex discrimination or permits any such conduct to occur-in his or her work

2 area or among employees under his or her supervision, or who retaliates against any person who

3 complains or participates in any investigation or proceeding concerning any such conduct.

4 Trendwest will communicate this policy to all of its supervisors and managers.

5

(2) Trendwcst will continue to inform all managers and supervisors of

6 their duty to actively monitor their work areas to ensure employees' compliance with the company'8

7 anti-sex discrimination policy, and to report any incidents and/or complaints or se:x: discrimination

8 or retaliation ofwhich they become aware to the department charged with handling such complaints.

9

(3) Trcndwest will take into account the manager's or supervisor'S

10 compliance with its sex discrimination policy in detennining the employ~'~'s compensation.

11

(4) Trendwest win include a commitment to prevention of sex

12 discrimination or retaliation and the reporting of sex discrimination and retaliation as a criterion for

13 quatiflcation for supervisory or management positions.

14

c. Anti-discrimination Training

15

(1) Trcndwcst will provide annual anti-discrimi.natjon tTaming to all

16 employees; including management officials and those charged with providing anti-discrimination

17 training to all new employees during employee orientation. This training, particularly that dirccted

18 towards senior management officia.ls, may require one-on-one training or ,;:ducational sessions.

19

(2) AlIlraining required by this Consent Dcen;:c will be conducted by

20 educators, consultants, attorneys, or other professionals experienced in the area of

21 anti-discrimination trd.illing, with the exception that new employee orientation and annual training

22 may be c()nducted by Trendwest's Human Resources Department.

23

(3) Trcndwest will require the General Mana~,cr or a meJtJb(;":f of the

24 Executive Committee in addition to the Human Resources Director lo introduce all
25 anti-discrimination training to communicate Trcndwest's commitment to its Statement of

26 Zero-Tolerance Policy and anti-discrimination policy. 27

28

SFITRTINDW.l:.ST MCALI.ISTF.R" CC>ll:lellt Dt:~(vl),WPIJ

-9-

CONSENT DECREE

Case 2:04-cv-00503-RSL Document 2 Filed 06/01/2004 Page 10 of 19

1

d. Reporting

2

(1) Six months following the entry of this Consent Decree and every six

3 months thereafter ror the duration ofthis Consent Decree) Trcndwcst will send the EEOC a written

4 report (1) identifying by gender individuals who held the position ofSales Assistant Manager, Sales

5 Manager, or Project Director over the prior six months; and (ii) deSL'Tibing any complaints of sex

6 discrimination in promotions received by Trendwest during the prior six-month period and the steps

7 taken by Trcndwcst to resolve them,

8

(2) Trendwest will submit a final report to the EEOC 30 days before the

9 Consent Decree expires containing a statement that it has complied with all the terms ofthis Consent

10 Decree.

II

e. POlding

12

Within two (2) weeks aner cntty of this Decree) Trendwest will post a notice in the fonn

13 evidenced by Exhibit B to this Consent Decree in prominent and conspicuous location(s) in or near

14 the employee cafeteria, lunchroom or other place within Trendwest's Northwest Region where

15 employees tend to gather. Ib.e notice will remain posted for the duration ofthis Consent Decree.

16 Tn the event that the persons and/or departments to whom individuals should make complaints

17 alleging discrimination and/or retaliation change during the tenn of the Consent Decree, such that

18 the infonnation contained 011 the notice is no longer accurate, Trendwest ""ill immediately prepare

19 a new notice that contains the correct illfonnation. Trendwcst will thereupon promptly replace the

20 old notices with the revised notices. Trcndwcst will maintain a copy ofthis Consent DecrfN in its

21 Personnel Office Cor any employee who wishes to review it

22 H. ENFORCEMENT

23

Trthe EEOC concludes lhat Trendwest has breached this agreement, it may bring an action

24 in this Court to enforce this Consent Decree. Before bringing an action for breach orthis Consent

25 Decree; the EEOC will first give Trendwest 20 days' written notice to pennit the parties to aHempt,

26 in good faith, to resolve the matter without the need for litigation,

27 I. RETENTION OF JURISDICTION

28

The Court will retain jurisdiction over this matter for the duration of this Consent Decree.

SF.tmENDWIiST MCALLJS-J liR - CIJJ1..,nt J)Ilcroo[vll_WPI)

-10-

CONSENT DHC:REF.

Case 2:04-cv-00503-RSL Document 2 Filed 06/01/2004 Page 11 of 19

1 J. DURATION AND TERMINATION

2

This Consent Decree w1ll be in effect for two years, commencing with the date the Consent

3 Decree is entered as the or-der ofthe Court. Ifthe EEOC petitions the Court for breach of agreement

4 during the two-yeartenn, and the Court Hnds Trcndwcst to be in breach ofl:he ten-ns orthe Consent

5 Decree. the Court may extend this Consent Decree.

6 K. CONCLUSION

7

The provisions of this Consent Decree are 110t binding on the paries until the authorized

8 representateiavcheps~~f sign and the Court enters the Conselit Decre~, as its D'rder.

9

.~;"" I

Dated:

_, 2004.

10

A LUIS LUCERO, JR.

11

Regional Attom.ey

ERJC S. DREIBAND General Counsel

12

KATHRYN OLSON

Supervisory Trial Atlomey

13

CARMEN FLORES

14

Senior Trial Attorney

JAMES L. LEE Deputy General CO~l11sel
GWENDOLYN YOUNG REAMS
Associate General Counsel

15

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

16

Seattle District Office

Office of the Genera1 Counsel

909 First Avenue, Suite 400

1801 "I';' Slreel, N.W.

17

Seattle, Washington 98104

Washington, D.C. 20S07

Telephone (206) 220-6893

18

19

By: Att£om/eys;t:6:tt~"t,i:f,ffJ.1-,~~~==~.­

20

21

Ar><~ I

Dated: Ma1'<h 3 a , 2004.

22

JEFFRBYD. WOHL

23

KRISTEN L. McMICHAEL

PAUL, HASTINGS, JANOFSKY & WALKER LLl'

24

55 Second Street, 24th Floor

San Francisco, California 94l05~3441

25

Telephone: (415) 856-7000

26

..-..===::;-;;-:=-=c-------- By: A~tt~ orn- ey- s fo- r Defendant Trendwest Resorts, Inc.

27

28

SFITRENDWEST MCALLlSTI-m.· (:[m~cnt Dccrcc(vl). WP[)

-11-

CONShNT IlECI-t.I:":J:::

Case 2:04-cv-00503-RSL Document 2 Filed 06/01/2004 Page 12 of 19

08-10-04 C9:~hrn Fro.-EEOC: SEOO

2CB 220 Bill

NIl Ul2l017 H5B

I J.
2

DURATION AND TERl\DNATlON
This Consent Decre~ will be in effect for tw"O yeaxs, commencing with the date the Consent

3 Decree is entered as the orrler Qfthe Court. Ifthe EEOC petition9 the o,l,1(t j:or breach ofa.greement

4 durjng the two-yeartenn. and the Coun finds Trendwest to be in breach of£.'le terms ofme Consent

S Deere., the Co"" may extend tlrio Consent Decree.

6 K. CONCLUSION

7

The provisions of this Consent Decree are nat binding on the parties until1he authorized

S representatives of e~h party sign Wld the Court enters the Consent DecNe as its order.

9

10

A. LUIS LUCERO, JR.

11

RegiOllol Attomey

ERIC S. DREIBAND Gcncrol CoWlSeI

12

KATIiRYN OLSON

Suporvi.ory Trill! AIromey

1~

CARMllN FLORES

14

Senior Trial Attorney

JAMES L.LEE Deputy a_raJ CoutOol
GWENDOLYN YOUNG REAMS
Associate Geoenll CoUDSei

IS

EQUAL EMPLOYMENT

OPPORTUNIl'Y COMMISSION

16

Seattle District Office

Office altho Geno:ral Counsel

909 Firat Avenuo, Suit. 400

1801 ''L'' Sttoet, N.W.

17

Seattle, Washington 98104

Washington, D.C. 20507

Telepbom: (206) 220-689l

18

19

By: A7tto=mo=y.:-;""=PIa=in"tilr=Eq:.:..."t"Rmo=I;::oymon="t,.,o"',-_,:,-~·,..ty-,cC"_-,-,-,-.""I"'--

20

21 Dated; Maroh 10,2004.

22

JEFFREY D. WOID-

23

KRISTEN L. McMICHAEL

PAUL, HASTINGS, JANOFSKY & WALKER LLP

24

55 Second. Street. 24th Floor

2S

' U / San Fl'aJlciKo, California 9410:5-3441
Telephone: 5) 856-7000

26

~~*'~~--

27

28

-11-

..... - - . - - ..- ...."-.---------.---------~-----------" Case 2:04-cv-00503-RSL Document 2 Filed 06/01/2004 Page 13 of 19

1

ORDER

2

The CoUJ1 having considered the foregoing stipulated a.greement ofthe parties.

3

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

4

is, approved as the final decree of this Court in rull settlement of this action. This

5

lawsuit js hereby dismissed with prejudice and without costs or attorneys' fees to any

6

party. The Court retains jurisdiction ofthis matter for purposes of enforcmg the

7 8

this.H consent decree approved herein.

DATED

day of---,L-jJ<1!<f'::::::"'_ _ _, 2004.

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

~F!TReNDW[;ST M(;ALUSTF.R· Consent Decr~(vl).Wt>f)

-12-

CONSENT DOCKHH

Case 2:04-cv-00503-RSL Document 2 Filed 06/01/2004 Page 14 of 19

U.S. EQUAL EMnOYMENT OPPORTUNITY COMMISSION

Seattle District Otlice

Federal Otlj~c BUlldins

'Xl9 Fir~l Ayenue. SlJlte 400 Seanle, WA 98\04-1061 (lO(;) nO-(>~~3

TTY (l06) 220-6!5lS2 FAX pOt!) nO-(>911

March.2004

Re: EEOCv. Trendwest Resorts. Inc., U.S.D.C., w.n. Wosb., No. C04-503L Notice of Settlement
Dear Ms. [Name]:
The purpose of this letter is lo infQnn you of a settlement that has been reached bc~tween the U.S. Equal Employment Opportunity Commission (the "EEOC") and your current or fanner
employer, Trendwest Resorts, Inc. ("Trendwcst"), concerning Trcndwcst's promc1tional practices
in its Northwest Region, and your eligibility to pa.rticipate in the settlement.
The EEOC has reached tillS settlement to resolve claims that Trendwest discrimillated. against women in its promotional practices in its Northwest Region_ TrelJdwest denies that it has engaged in discrimination against any cfils employees. Tt enters into the Consent Decree solely
for purposes of compromise and to avoid the expense, burden and uncertainty ofl.itigation.
You have been i(\enlified as a female who is or was employed by Trcndwest in it" Northwest
Region during the period January I, 2001, to December 31, 2003, Inclusive (the "Class Period'), and who during the Class Period was employed in the position of Sales Representative or Sales Assistant Manager for at least six consecutive months, and who during that period of employment in that position ranked among the top 25% by compensalion of all f~males employed in those positions during the Class Period lor at least three (not necessarily consecutive) months.
Under the [Proposed] Consent Decree and Order of Dismissal (the "Consent Decree"), you are
eligible to receivc a share of the settlement pool of$475,000 based on your months of
employment during the Class Period as a Sales Rcpresentati ve or Sales Assistant Managcr in the
Northwest Region, plus reimbursement oryour reasonable attorneys' fees up to $200 incurred in reviewing the proposed release of claims which you must sign to participate m thl, settlement. If you participate, it is estimated that your share of the settlement will be $__ (plus
reimbursement of your reasonable attorneys' fees up to $200). Under the Consent Decree, at least 75 percent of all eligible females must participate in the settlement or else Trendwest has the right to declare the settlement null ami void. If you decidc not to partlcipate but the Consent Decree is adopted, the EEOC wiJI issue a notice of right-to-sue letter and you will have 90 days to pursue a claim.

Case 2:04-cv-00503-RSL
[NAME] March 10, 2004 Page Two

Document 2

Filed 06/01/2004

Page 15 of 19

The Consent Decree also provides that over a two~year period Tnmdwest will tak:: a variety of
steps to ensure that its promotional practices are free of discrimination, including posting its policy against discrimination, training employees about equal opportunity in the workplace, and providing a complaint procedure for reporting and resolving complaints of discrimination.

The proposed release of claims you must sign to participate in the settlement is enclosed. The release is an important legal document afrecting your rights; please read it carefully or consult with an attorney before deciding whether to sigrt the release and participate in the scttlement. You are not required to consult an attomey before signing the release and aCCtlptillg the
settlement; however, you have the right to legal consultation and will be reimbure.ed up to $200 i r
you so choose to consult an attorney. Your decision to participate in the settlemellt must be
voluntary. ]fyou decide to participate. please date and sign the release and return. it to Trendwest
at the following address:

Jan Cannon. Vice ,President of Human Resources
T"mdwes( Resorts, Tnc.
9805 Willows Road Redmond, Washington 98052

In order to participate in the settlement, your signed release must be received by Trendwest not later than ~~~~~~
By law, Trendwest may not retaliate against you if you choose to participate, or not
participate, in the settlement.

If you have any questions about the settlement. please call me at (206) 220-6893.

Sjncereiy,

Carmen Flores Senior Trial Attorney Enclosure
cc: Jan Carmon, Trendwest Resorts, Inc.

EXHIBIT A

Case 2:04-cv-00503-RSL Document 2 Filed 06/01/2004 Page 16 of 19
EXHIBIT B
TRENDWEST RESORTS, INC.
NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE
This notice has been posled pursuant to an Order of the Court, approving the Consent Decree entered in resolution of a lawsuit brought by the U.S. Equal Employment Opportunity Commission ("EEOC") against Trendwest Resorts Inc. ("Trendwest"), on March 5, 2004, Case No. C04-503L, in the U.S. District Court for the Western District of Washington at Seattle. The Consent Decree resolves EEOC's claims of sex discrimination againsl Trendwest and enjoins Trendwest from certain conduct prohibited by law. Trendwest denies the allegations of the EEOC and affirms its commitment to compliance with laws against discrimination.
Federal law and the Consent Decree prohibit discrimination against any individual because of his or her sex.
Federal law also prohibits retaliation againsl any individual by an emploYElr because the individual complains of discrimination, cooperates with any Trendwest or government investigation of a charge of discrimination, participates as a witness or potential witness in any investigation or legal proceeding, or otherwise exercises his or her ri~lhts under law.
Any employee who is found to have retaliated against any other employee because such
employee participated in this lawsuit will be subject to substantial discipline, up 10 and
including immediate discharge.
Should you have any complaints of discrimination, you should contact the Human Resources Director or the General Manager or the Human Resources Department for Trendwest at the following numbers: ________
Employees have the right to bring complaints of discrimination andlor hamssment to the U.S. Equal Employment Opportunity Commission, Seattle District Office at 909 1st Avenue, Suite 400, Seattle, WA 98104-1061, (206) 220-6883, or the Washington Human Rights Commission at 711 S. Capitol Way, Suite402, Olympia, WA 98504-2490, (3,60) 753·6770. You may also request a copy of the Consent Decree from Trendwest's Human Resources Department.
This is an official notice and shall not be defaced by anyone. Thill notice shall remain prominently posted in the employee lunchroom/break room at all Northwest Raglan facilities for Trendwast until __, 2006. This Official NoticE> shall not be altered, defaced, covered, or obstructed by any other malerial.
SFITRENDWEST MCALLISTER _ Noiica _Exhibil C(v1)W"D

Case 2:04-cv-00503-RSL Document 2 Filed 06/01/2004 Page 17 of 19

RELEASE OF CLAIMS

In exchange for the valuable consideration to be paid to me pursuant to the
Consent Decree and Order of Dismissal (the "Consent Decree") entered into by and between the Equal Employment Opportunity Commission and TrendwE'st Resorts, Inc. ('Trendwest"), and ordered by the U.S. District Court for the Western District of
WaShington, and subject to the terms and conditions of the Consent Decree, I release all rights, claims, and causes of actions that I have or could as"ert against Trendwest and its parent, affiliates, subsidiaries, directors, officers, omployees, agents, attorneys, and insurers arising from or relating to any acts of alleged discrimination against me based on sex in Trendwest's failure, ifany, to promole me to the position of Sales Assislanl Manager, Sales Manager, andlor ProjE'ct Director, in Trendwest's Northwest Region al any time between January I, 2001, and December 31, 2003, inclusive, including but not limited to claims arising under Tille
VII of Ihe Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e ..t seq.; the
Alaska Human Rights Act, AS 18.80.200·300; Anchorage Municipal Code
§ 5.20.040; the Idaho Human Righls Act, Idaho Code § 67-5901 at seq.; the Oregon Fair Employment Practices Act, ORS 659A.OOI lOt seq.; the Washin9ton Law
Against Discrimination, RCW ch. 49.60, and any other federal, state, or local law;
and any claims for attorneys' fees (exceptforreimbursement offees provided by the Consent Decree). In granting this release, it is my intention Ihat I release ali such claims! whether or nat they are known to me at this time.

Dated: _ _ _ _ __

Print Name

Sign Name

SftfTRENDWEST MCAlLISTER· Release of ClainlB& - Exhibit A(v1J WPD

Case 2:04-cv-00503-RSL Document 2 Filed 06/01/2004 Page 18 of 19

A. LUIS LUCERO, JR., REGIONAL ATTORNEY

KATHRYN OLSON, SUPERV1SORY TRIAl. ATTORNEY

2 CARMEN FLOES, SENlOR TRIAL ATTORNEY

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION _ _ _ FILtD

3 909 FIRST A VENUE, SUITE 400 SEATTLE, WASHINGTON 98104
4 TELEPHONE: (206) 220-6920
5 Attorneys for Plaintiff
6
7

-'LOf)I._/_~_--l!VTtl/ftJ

i'/A~

-RECEIVED

'--.. -- .f!. ~"---a- ~ ~2~4~ _......."M.,.....R,

8

UNITED STALES DISTRICT COURT

9

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

10

EQUAL EMPLOYMENT OPPORTUNITY

11 COMMISSION,

12

No. C04-503L

13

Plaintiff,

14
v. 15
TRENDWEST RESORTS, INC., 16
Defendant.
17

CERTIFICATE OF SERVICE

18

I hereby certify that I served [PROPOSED] CONSENT DECREE AND ORDER OF

19

DISMISSAL 011:
20

Jctl'rcy D. Wohl

21

Kristen L. McMichael

PAUL, HASTINGS, JANOFSKY & WALKER LLl'

22

55 Second Street, 24111 Floor

San Francisco, California 94105-3441

23

4151856·7000

24

Attorney for Defendant

25

CERTIFICATE OF SERVICE - Page I

U. S.

EQllAL EMPLI)YIIlEI'If UI'I'IJ~TIINITY CDMlIISSION Sa"ttl" DL8t .. I~" urri,,~_
1I1'II'I"l .he'Il"". S"il, 1110 SorLtlio. ~""hlll,b.. ~I.1W'I-Wijl
f< Io~oo"': (m,) ",'rO--li""'
f,c.J~jl,: (200) w~·,mlll
MI, (2(16) ~~fl ijM2

Case 2:04-cv-00503-RSL Document 2 Filed 06/01/2004 Page 19 of 19

by the: following mdic:ded method Or methods:

2

0

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

3

addressed to the attomey(s) listed above, and deposited with the United

States Postal Service at Seattle, Washington, on the dale seL forth below.

4

5

DATED this X C)O Qt>~1 dayof

6

EQUAL EMPLOYMENT OPPORTUNITY COMMTSSION

7

8

MARY R.

MOCK

9

Legal Technician

10

II

12

13

14

15

16

17

18

19

20

21

22

23

24

25

CERTIFICATE OF SERVICE - Page 2

U. S !\QUilL EMJ>LOYJIlENT OI'PDRTLNTTY COOUTSS[(J~ ~<,,1t-th Di!ltrict Offic,~
"'-111'1,,1. ~H·'''.·. '''tl'' 1().') ~,·""1". ~".,ht"~'"" ;',I)j·'{o,L
L"I",,"'''''' I~r!,,)~!(> 068:1 ro"".il< {21IH! l~IHm'
roo' (2110) 220 ;g~;

 
 WAWD CM/ECF Version 2.5 - Docket Report

Page 1 of 2

U.S. District Court WESTERN DISTRICT OF WASHINGTON (Seattle) CIVIL DOCKET FOR CASE #: 2:04-cv-00503-RSL

CLOSED

Equal Employment Opportunity Commission v. Trendwest Resorts Inc Assigned to: Hon Robert S. Lasnik Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 03/05/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by A Luis Lucero, Jr EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Email: LUIS.LUCERO@EEOC.GOV LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Trendwest Resorts Inc

represented by Jeffrey D Wohl PAUL HASTINGS JANOFSKY & WALKER (SF) 55 SECOND ST 24TH FLOOR SAN FRANCISCO, CA 94105 415-856-7255 Email: jeffwohl@paulhastings.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark William Berry DAVIS WRIGHT TREMAINE (BELL)
777 108TH AVE NE STE 2300 RAINIER PLAZA BELLEVUE, WA 98004-5149 425-646-6100 Email: markberry@dwt.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?290294691986874-L_923_0-1

7/4/2006

WAWD CM/ECF Version 2.5 - Docket Report

Page 2 of 2

Date Filed 03/05/2004
06/01/2004 06/15/2004

#

Docket Text

1 COMPLAINT and JURY TRIAL DEMANDED against defendant Trendwest Resorts Inc (Summons(es) issued) (Receipt # fee waived, USA) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(PM, ) (Entered: 03/09/2004)

2 CONSENT DECREE AND ORDER OF DISMISSAL by Judge Robert S. Lasnik. (RS, ) (Entered: 06/02/2004)

3 APPLICATION by Defendant Trendwest Resorts Inc AND ORDER admitting Jeffrey D Wohl for Trendwest Resorts Inc pro hac vice. Receipt # 408937. (RS, ) (Entered: 06/16/2004)

PACER Service Center
Transaction Receipt

07/04/2006 16:09:29

PACER Login: hs0328

Client Code: peters

Description: Docket Report Search Criteria: 2:04-cv-00503-RSL

Billable Pages: 1

Cost:

0.08

https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?290294691986874-L_923_0-1

7/4/2006

 
 EEOC LITIGATION SETTLEMENT REPORT - June 2004

http://www.eeoc.gov/litigation/settlements/settlement06-04.html

EEOC v. Trendwest Resorts Inc. No. C04-503L (W.D. Wash. June 1, 2004)
The Seattle District Office filed this Title VII action against a leading company in the North American timeshare resort industry whose headquarters are located in Redmond, Washington. According to the suit, defendant denied promotional opportunities to female employees in its Northwest facilities, based in Washington, Oregon, Idaho, and Alaska, because of their sex. Charging party, a 47-year-old successful sales representative who started with defendant in 1998, inquired about several supervisory and managerial opportunities but received no encouragement or support and was not selected for such positions. She contended that the men in control of the company would make employment decisions without any public announcement or competition for the vacancies, and had a history of promoting favored males within the company. Other female current and former sales representatives, including a woman who had received an award for the highest sales performance in the company four times, had experiences similar to CP's. By a consent decree that applies to defendant's facilities in the Northwest Region, defendant will pay into a Settlement Pool a total of $475,000 to be disbursed to approximately 25 class members, defined as females employed in the Northwest Region as sales representatives or sales assistant mangers between January 1, 2001, and December 31, 2003, who in at least 3 months ranked within the top 25% of compensation of all women working in those positions. Defendant will hire a consultant to review the Northwest Region's promotion and advancement practices in its sales division and adopt and disseminate to its present and future employees and managers a written policy that establishes objective requirements and criteria for advancement opportunities.

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7/27/2007 2:54 PM

 
 Trendwest Resorts Inc. to Pay $475,000 for Sex Discrimination in Promo...

http://www.eeoc.gov/press/6-25-04.html

The U.S. Equal Employment Opportunity Commission

FOR IMMEDIATE RELEASE June 25, 2004

CONTACT: A. Luis Lucero, Jr. (206) 220-6878 Kathryn Olson (206) 220-6895
TTY: (206) 220-6882

TRENDWEST RESORTS INC. TO PAY $475,000 FOR SEX DISCRIMINATION IN PROMOTION OF WOMEN

EEOC Says Female Sales Employees Faced 'Glass Ceiling' Blocking Advancement
SEATTLE - The U.S. Equal Employment Opportunity Commission (EEOC) today announced a major settlement of a sex discrimination lawsuit under Title VII of the 1964 Civil Rights Act for $475,000 and significant remedial relief against Trendwest Resorts, Inc. a leading company in the timeshare industry whose headquarters are located in Redmond, Washington. The EEOC's suit alleged that Trendwest failed to provide promotional opportunities for a class of 25 female sales employees in it's Northwest facilities because of their sex.
The settlement, in the form of a Consent Decree was filed with the U.S. District Court for the Western District of Washington (Civil No. C04-503L). In addition to the monetary relief for the class of women, Trendwest also agreed to the following measures as part of the comprehensive settlement:
Reaffirm its commitment to comply with laws against employment discrimination;
Retain a consultant to review and audit its promotional and advancement practices and implement a new written policy setting out criteria for advancement opportunity which will be distributed to all employees in the Northwest facilities;
Oversee management training regarding discrimination; and
Provide EEOC with information concerning any future complaints of discrimination.
"All individuals deserve the freedom to compete and advance in the workplace as far as their talent and abilities will take them, without facing discriminatory barriers such as glass ceilings," said EEOC Seattle District Director Jeanette Leino. "We are pleased that the parties were able to resolve this matter and that Trendwest agreed to a variety of corrective measures to prevent problems in the future."
In addition to Title VII of the Civil Rights Act of 1964, the EEOC enforces the Age Discrimination in Employment Act; the Equal Pay Act; prohibitions against discrimination affecting individuals with disabilities in the federal government; sections of the Civil Rights Act of 1991; and Title I of the Americans with Disabilities Act, which prohibits discrimination against people with disabilities in the private sector and state and local governments. Further information about the EEOC is available on the agency's web site at www.eeoc.gov.

This page was last modified on June 25, 2004.

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