1 Mary Jo O'Neill #005924
C. Emanuel Smith MS Bar #7424
2 Michelle G. Marshall #017358
Equal Employment Opportunity Commission 3 Phoenix District Office
3300 North Central Avenue, Suite 690
4 Phoenix, Puizona 85012-2504
Telephone: (602) 640-5020
5 Fax: (602) 640-5009

6 Attorneys for Plaintiff

7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE DISTRICT OF ARIZONA

9
Equal Employment Opportunity 10 Commission,

11

Plaintiff,

CV'03

12

vs.

13 Desert Schools Federal Credit Union, a federally chartered credit union,
14
Defendant. 15

COMPLAINT (Jury Trial Demanded)

16 NATURE OF THE ACTION
17 This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42
18 U.S.C. § 2000e et seq. ("Title VII") and Title I of the Civil Rights Act of 1991,42 U.S.c.
19 § 1981a, to correct unlawful employment practices on the basis of religion and/or race
20 and to provide appropriate relief to Dera Littles and a class of employees who are not
21 members of the Church of Jesus Christ of Latter-Day Saints ("LDS") and/or a class of
22
employees whose race is Black, who were adversely affected by such practices. 23
The EEOC alleges Defendant Desert Schools Federal Credit Union ("Desert 24
Schools" or "Defendant") discriminated against Dera Littles and a class of employees
25
because of their religion, non-LDS, by: 1) refusing to promote them because of their 26
religion, non-LDS and/or because of their race, Black; and 2) subjecting them to less 27
favorable terms and conditions of employment than LDS employees because of their 28

1 religion, non-LDS, including allowing a hostile work environment to exist for non-LDS

2 employees.

3

JURISDICTION AND VENUE

4

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

5 1337, 1343 and 1345. This action is authorized and instituted pursuant to Sections

6 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. §

7 2000e-5(f)(1) and (3); §§2000e-6 and Section 102 of the Civil Rights Act of 1991, 42

8 U.S.c. § 1981a.

9

2. The employment practices alleged to be unlawful were and are now being

10 committed within the jurisdiction of the United States District Court for the District of

11 Arizona.

12

PARTIES

13

3. Plaintiff, the Equal Employment Opportunity Commission (the

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

15 administration, interpretation and enforcement of Title VII, and is expressly authorized to

16 bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and

17 (3).

18

4. At all relevant times, Defendant has continuously been a federally chartered

19 credit union doing business in the State of Arizona, and the cities of Mesa, Gilbert,

20 Tempe and Chandler and has continuously had at least 15 employees.

21

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

22 engaged in an industry affecting commerce within the meaning of Sections 701(b), (g)

23 and (h) of Title VII, 42 U.S.c. §§ 2000e(b), (g) and (h).

24

STATEMENT OF CLAIMS

25

6. More than thirty days prior to the institution ofthis lawsuit, Dera Littles

26 filed a charge with the Commission alleging violations of Title VII by Defendant. All

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

28

2

1

FIRST CLAIM: FAILURE TO PROMOTE

2

7. Since at least May 17, 2000, Defendant has engaged in unlawful

3 employment practices at its Mesa, Gilbert, Tempe and Chandler, Arizona facilities in

4 violation of Section 703(a) of Title VII, 42 U.S.c. § 2000e-2(a) by discriminating against

5 Dera Littles and a class of employees on the basis of their religion, non-LDS, and/or race,

6 Black, by:

7

a. Refusing to promote them to Assistant Branch Manager because of their

8

religion and/or because of their race, including but not limited to the

9

following facts:

10

1. Ms. Littles applied for available Assistant Branch Manager positions

11

at Desert Schools;

12

11. Ms. Littles was more qualified for the available Branch Manager

13

positions than each of the individuals Defendant selected;

14

111. The individuals Defendant selected for these positions were LDS,

15

non-Black or both.

16

SECOND CLAIM: TERMS AND CONDITIONS

17

8. Since at least March 1999, Defendant has engaged in unlawful employment

18 practices at its Mesa, Gilbert, Tempe and Chandler, Arizona facilities in violation of

19 Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a) by discriminating against Dera Littles

20 and a class of employees on the basis of their religion, non-LDS, by subjecting Ms. Littles

21 and a class of employees to less favorable terms and conditions of employment than LDS

22 employees because of their religion, including allowing a hostile work environment to

23 exist for non-LDS employees.

24

9. The effect of the practices complained of in paragraphs 7-8 above has been

25 to deprive Dera Littles and a class ofnon-LDS and/or Black employees of equal

26 employment opportunities and otherwise adversely affect their status as employees

27 because of their religion and/or because of their race.

28

10. The unlawful employment practices complained of in paragraphs 7-8 above

3

1 were and are intentional.

2

11. The unlawful employment practices complained of in paragraphs 7-8

3 above were and are done with malice or'with reckless indifference to the federally

4 protected rights ofDera Littles and a class ofnon-LDS and/or Black employees.

5

PRAYER FOR RELIEF

6

WHEREFORE, the Commission respectfully requests that this Court:

7

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

8 assigns, and all persons in active concert or participation with it from engaging in

9 discrimination by refusing to promote employees because of their religion and/or because

10 of their race; subjecting employees to less favorable terms and conditions of employment

11 because of their religion, including allowing a religiously hostile work environment to

12 exist for non-LDS employees.

13

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

14 which provide equal employment opportunities for employees regardless of their religious

15 beliefs or race and which eradicate the effects of its past and present unlawful

16 employment practices.

17

C. Order Defendant to make whole Dera Littles and a class ofnon-LDS and/or

18 Black employees by providing appropriate backpay with prejudgment interest, in amounts

19 to be determined at trial, and other affirmative relief necessary to eradicate the effects of

20 its unlawful employment practices, including, but not limited to, rightful place promotion.

21

D. Order Defendant to make whole Dera Littles and a class ofnon-LDS and/or

22 Black employees by providing compensation for past and future pecuniary losses

23 resulting from the unlawful employment practices described above, in amounts to be

24 determined at trial.

25

E. Order Defendant to make whole Dera Littles and a class ofnon-LDS and/or

26 Black employees by providing compensation for past and future non-pecuniary losses

27 resulting from the unlawful practices described above, including emotional pain,

28 suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be

4

1 determined at trial.

2

F. Order Defendant to pay punitive damages to Dera Littles and a class of non-

3 LDS and/or Black employees for its malicious and/or reckless conduct, described above,

4 in amounts to be determined at trial.

5

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

6 public interest.

7

H. Award the Commission its costs of this action.

8
JURY TRIAL DEMAND 9
The Commission requests a jury trial on all questions of fact raised by this 10
Complaint. 11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

5

1

DATED this 23rd day of September, 2003.

2

Respectfully submitted,

3

ERIC S. DREIBAND

4

General Counsel

5

JAMES L. LEE

Deputy General Counsel

6

GWENDOLYN YOUNG REAMS

7

Associate General Counsel

8

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

9

1801 L Street, N.W.

Washington, D.C. 20507

10

11

12

13

14

15

16

17

18 19

/W~cL~~

Michelle G. Marshall

20

Trial Attorney

21

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

22

Phoenix District Office

3300 N. Central Ave., Suite 690

23

Phoenix, Arizona 85012

(602) 640-5020

24

Attorneys for Plaintiff

25

26

27

28

6

 
 V 'FILED
RECEIVED

LODGE COpy

1

MAR - 8 Z005

2

CLERK U S DISTRICTCOURT :1

DISTRICTOF ARIZONA

3

BY '~C2

DEPUl '.' !

4

5

6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
8

9 Equal Employment Opportunity Commission,
10 Plaintiff,
11

12

vs.

CV 03-1852-PHX-NVW CONSENT DECREE

17

The United States Equal Employment Opportunity Commission (the "Commission"

18 or "EEOC") filed this action against Desert Schools Federal Credit Union, ("Desert Schools"

19 or "Defendant"), to enforce Title VII ofthe Civil Rights Act of 1964 and the Civil Rights Act

20 of 1991. In the Complaint, the Commission alleged that Defendant discriminated against

21 Dera Littles and a class of employees because oftheir religion, non- LDS, by: 1) refusing to

22 promote them because oftheir religion, non-LDS and/or because oftheir race, Black; and 2)

23 subjecting them to less favorable tenus and conditions of employment than LDS employees

24 because of their religion, non-LDS, including allowing a hostile work environment to exist

25 for non-LDS employees.

26

Defendant Desert Schools Federal Credit Union denies all ofthe EEOC's allegations,

27 and denies it is liable in any manner. Defendant is only settling this case to avoid further

28 attorneys fees and operational disruptions.

1

In the interest ofresolving this matter, and as a result ofhaving engaged in settlement

2 negotiations, the Parties have agreed that this action should be finally resolved by entry of

3 this Decree. The Parties do not object to the jurisdiction of the Court over this action and

4 waive their rights to a hearing and the entry of fmdings of fact and conclusions of law.

5

It is hereby ORDERED, ADJUDGED AND DECREED:

6

1. This Decree resolves all claims of the Commission against Defendant,

7 including back pay, compensatory and punitive damages, interest, injunctive relief, attorney's

8 fees, and costs arising out ofthe issues in this lawsuit.

9

INJUNCTION

10

2. Defendant and its officers, agents, employees, successors, assigns, and all

11 persons in active concert or participation with it, both at the time that this Decree becomes

12 effective and for the duration ofthis Decree, are permanently enjoined from: (a) unlawfully

13 discriminating any employee due to his or her race or religious beliefs; (b) terminating any

14 employee due to his or her race or religious beliefs; and (c) retaliating against any employee

15 because he or she: (i) opposes or opposed discriminatory practices made unlawful by Title

16 VII; (ii) files or filed a charge of discrimination or assists, assisted, participates, or

17 participated in the filing of a charge of discrimination; or (iii) assists, assisted, participates

18 or participated in an investigation or proceeding brought under the Federal or State laws

19 prohibiting discrimination or retaliation.

20

MONETARY RELIEF

21

3. Judgment is entered in favor of the Commission and against Defendant in the

22 amount of$65,000.00

23

4. Defendant shall pay the settlement amount to Dera Littles and the identified

24 class members by check no later than ten days from the Court's entry ofthe Consent Decree.

25 The checks shall be made payable to each class member, as set forth in Exhibit A, and mailed

26 to the addresses provided by the Commission. Within three business days ofthe issuance of

27 the check, Defendant shall submit a copy ofthe check and all related correspondence to Mary

28 Jo O'Neill, Regional Attorney, Equal Employment Opportunity Commission, 3300 North

2

1 Central Avenue, Suite 690, Phoenix, Arizona 85012.

2

5. Due to the evidence developed in this case, the parties agree to designate these

3 payments as compensatory damages in the amount of $65,000 .00. Defendant will issue

4 United States Internal Revenue Service Form 1099 to the class members for the

5 compensatory damages for the tax year during which payment is made.

6

OTHER RELIEF

7

6. To the extent necessary, Defendant shall expunge from the personnel files of

8 Ms. Littles and the class members: (a) all references to the charges of discrimination filed

9 against Defendant that formed the basis of this action; (b) all references to the class

10 members' participation in this action; and (c) any derogatory document which relates to

11 complaints or investigation ofcomplaints ofunlawful harassment and/or unlawful failure to

12 promote based on religion.

13

7. Defendant shall institute and carry out policies and practices that will continue

14 to help assure a work environment free from unlawful religious discrimination and unlawful

15 failure to promote based on religion. To assist Defendant in its continuing efforts to assure

16 such a work environment, Defendant shall take the actions provided in paragraphs eight

17 through fourteen of this Decree.

18

NOTICE

19

8. Defendant shall post for the duration of this Decree, in a prominent place

20 frequented by its employees at its facilities, located at 1525N. Gilbert Road, Gilbert, Arizona

21 and 2355 S. Alma School Road, Mesa, Arizona, the Notice attached as Exhibit B. The

22 Notice shall be the same type, style, and size as set forth in Exhibit B.

23

TRAINUNG

24

9. Defendant shall provide training on religious and racial discrimination

25 according to the following terms:

26

A. Defendant shall retain and pay Neil Alexander who shall provide

27 training to its supervisory employees for a period ofthree years from the date ofthis Decree,

28 on the issues of religious and racial discrimination, including hostile work environment,

3

1 disparate treatment and retaliation. During each of the three years, Mr. Alexander shall

2 conduct one live training seminar. The live seminar will be videotaped by a qualified

3 videographer the first year. All of Defendant's supervisors, managers, and any human

4 resources personnel with EEO responsibilities and officers, shall attend the live seminar or

5 a videotaped showing of the live seminar each year. Executives and top management shall

6 attend the live seminar, if possible. New supervisory employees shall view the videotape

7 within thirty days ofcommencing employment. Defendant may have duplicative videotaped

8 seminars to accommodate staffmg needs. Defendant shall be responsible for any additional

9 costs to provide such duplicative seminars. Neil Alexander shall send the Regional Attorney

10 of the EEOC a copy of the training materials two weeks prior to the scheduled training.

11

B. During the first year, 2005, the training seminars shall be conducted

12 within four months of the entry of this Decree. During the second and third years, the

13 training seminars shall be conducted between eleven (11) and thirteen (13) months after the

14 completion of the preceding seminar.

15

C. The training seminars shall be no less than two and one-half hours,

16 inclusive ofquestions and answers. All ofDefendant's supervisory employees shall register

17 when they attend a training seminar. The registry of attendance shall be retained by

18 Defendant for the duration of this Decree.

19

D. The seminars shall include the following subjects: (1) what constitutes

20 a hostile work environment based on religion; (2) how imposing different terms and

21 conditions of employment upon individuals based upon their race and/or religion violates

22 Title VII; and (3) to whom and by what means employees may complain if they feel they

23 have been unlawfully discriminated or retaliated against. The seminar shall also review and

24 explain Defendant's policies set out in paragraph eleven of this Decree.

25

E. During the live training seminars, Defendant's Vice President, Human

26 Resources, David Strachan, shall speak to the supervisory employees about the legal

27 consequences faced by companies that unlawfully discriminate on the basis ofreligion and/or

28 race; the importance of maintaining an environment free of such unlawful conduct, and

4

1 Defendant's policies in regard to such unlawful conduct, as referred to in paragraph seven

2 of this Decree. The Vice President of Human Resources shall explain that managers and

3 supervisors will be evaluated, in part, on their enforcement of anti-discrimination policies

4 based on race and religion, and their response to complaints of failure to follow this policy.

5

POLICIESIPROCEDURES

6

10. Within sixty (60) days of the entry of this Decree, Defendant shall review

7 existing policies, concerning religious and racial discrimination to conform with the law and

8 revise, if necessary. The written policies must include at a minimum:

9

A. A strong and clear commitment to preventing unlawful racial and

10 religious discrimination and retaliation.

11

B. A clear and complete defmition of hostile work environment and

12 disparate treatment based on race and religion.

13

C. A statement that discrimination based on race or religion is prohibited

14 and will not be tolerated.

15

D. A clear and strong encouragement of persons who believe they have

16 been discriminated or retaliated against to report such concerns.

17

E. The identification ofspecific individuals, with their telephone numbers,

18 to whom employees can report their concerns.

19

F. An assurance that Defendant will investigate allegations of unlawful

20 discrimination promptly, fairly, reasonably and effectively, using appropriate investigators,

21 and that appropriate corrective action will be taken by Defendant to make victims whole and

22 to eradicate the unlawful conduct.

23

G. A description ofthe consequences, up to and including termination, that

24 will be imposed upon violators of Defendant's anti-discrimination policies.

25

H. A promise ofmaximum feasible confidentiality for persons who believe

26 that they have been subjected to unlawful discrimination based on race or religion.

27

1. An assurance ofnon-retaliation for persons who believe they have been

28 subjected to unlawful harassment and/or unlawful termination based on race or religion, and

5

1 for witnesses.

2

To the extent revisions are made, Defendant's policies shall be distributed to all of

3 Defendant's employees within ninety (90) days of the entry of this Decree.

4

11. Defendant shall promptly, reasonably and appropriately investigate all

5 complaints of religious, and racial discrimination, as appropriate. The investigation must

6 include a fmding ofwhether discrimination occurred, a credibility assessment as appropriate,

7 interviews of all potential victims and witnesses identified, including the individual(s)

8 alleged to have participated in or condoned the unlawful conduct, and concurrent notes of

9 the investigation, as appropriate. Desert Schools shall take immediate appropriate corrective

10 action to make discrimination victims whole, to discipline violators and to eradicate the

11 discrimination, as appropriate.

12

12. Defendant shall not retain investigative documents referred to in Paragraph

13 11 in any complainant's personnel file. All disciplinary actions taken against employees for

14 violation of any aforementioned policy will be retained in the violator's personnel file. In

15 those cases in which no conclusion could be reached on the allegations, the investigation

16 documents shall be maintained in a separate file.

17

LETTERS TO CLASS MEMBERS

18

13. Within fourteen (14) days of the entry of the Decree, Defendant's Vice

19 President of Human Resources shall prepare a letter of regret to each of the identified

. 20 class members as attached as Exhibit C.

21

STATEMENT OF RESPECT

22

14. Within fourteen (14) days ofthe entry of the Decree, Defendant's Vice

23 President of Human Resources shall issue a statement to all employees, regarding

24 Defendant's respect for the religious freedom and cultural diversity of its employees.

25

REPORTING BY DEFENDANT AND ACCESS BY EEOC

26

15. Defendant's Vice President ofHuman Resources shall report in writing and in

27 affidavit form to the Regional Attorney ofthe Commission's Phoenix District Office, at the

28 address provided in paragraph four above, beginning six months from the date of the entry

6

1 of this Decree, and thereafter every year for the duration of the Decree, the following

2 information:

3

A. A copy of the revised policies, if necessary, required in paragraph ten

4 of this Decree.

5

B. Any changes, modifications, revocations, or revisions to its policies and

6 procedures which concern or affect the subjects ofunlawful discrimination based on race or

7 religion.

8

C. The name, address, position, social security number, and telephone

9 number ofany individual who has filed a charge ofdiscrimination with the EEOC or ACRD,

10 based on race or religion, against Defendant's personnel including, but not limited to,

11 management officials and/or non-management employees, during the first six months, and

12 thereafter every year, preceding the report to the EEOC. The nature of the complaint,

13 investigatory efforts made by Defendant, and corrective action taken, if any, also shall be

14 specified.

15

D. Within 60 days of each session, that all employees required by

16 paragraph nine of this Decree have received the requisite training.

17

E. Confirmation that: (1) the Notice required in paragraph eight of this

18 Decree was posted, and the locations where it was posted; (2) the policies required in

19 paragraph ten were distributed to each current and new employee of Defendant; (3) the

20 expungement, if applicable, from the personnel files of the class members, as required in

21 paragraph six of this Decree, took place, the date of the expungement, and the specific

22 documents expunged.

23

16. The Commission, upon at least two weeks' notice, subject to reasonable

24 scheduling efforts, shall have the right to enter and inspect Defendant's premises and work

25 sites to ensure compliance with this Decree and with Title VII prohibitions against

26 discrimination based upon race or religion.

27

COSTS AND DURATION

28

17. Each Party shall bear its costs and attorney's fees incurred as a result of this

7

1 action through the filing of this Decree.

2

18. The duration ofthis Decree shall be thirty-six (36) months from its entry. This

3 Court shall retain jurisdiction over this action for the duration of the Decree, during which

4 the Commission may petition this Court for compliance with this Decree. Should the Court

5 determine that Defendant has not complied with this Decree, the Court may order appropriate

6 relief, including extension of this Decree for such period as may be necessary to remedy its 7 non-compliance.

8

19. Absent extension, this Decree shall expire by its own terms at the end ofthirty-

9 six (36) months from the date of entry without further action by the Parties.

10

20. The Parties agree to entry ofthis Decree andjudgmentsubjectto final approval

11 by the Court.

12

DATED this Lf-r~ay of M. ~~ch

,200 s-:

13

14 15

Ud Vr)j~

16

NEIL V. WAKE United States District Judge

17

18

19

20

21

22

23

24

25

26

27

28

8

1 2 APPROVED AND CONSENTED TO:

3

4
5 _-r-"7~ ~ 6 M\!ID STRACHAN
7 Vice President of Human Resources
Desert Schools Federal Credit Union 8

1 1 _ 9
10 11

~dj/'
A L ~ NEILM.

12 KRISTIN R. CULBERTSON

ERIC S. DREIDAND General Counsel
JAMES L. LEE Assistant General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUALENWLOYMENTOPPOR~TY
COMMISSION
1801 L Street, N.W. Washington, D.C. 20507

13

LITTLER MENDELSON, P.C. 2425 East Camelback Road

14 Suite 900

Phoenix, Arizona 85016

15 Attorneys for Defendant

~~
C. EMANUEL SMITH Supervisory Trial Attorney

16

~~??7~~

17

MICHELLE G. MARSHALL

18

Trial Attorney

19

~~~~~

20

SANDRA 1. PADEGIMAS

Trial Attorney

21

EQUAL EMPLOYMENT OPPORTUNITY

22

COMMISSION

23

3300 North Central Ave., Suite 690 Phoenix, Arizona 85012

24

Attorneys for Plaintiff

25

26

27

28

9

EXIDBITA

CLASS MEMBER NAME Dera Littles Catherine Chaussee Debbie Douglas Janice Paulk

AMOUNT $25,000 $11,250 $11,250 $17,500 $65,000

EXHIBITB
NOTICE TO ALL EMPLOYEES OF DESERT SCHOOLS FEDERAL CREDIT UNION
This Notice is posted pursuant to a Consent Decree entered into between Desert Schools Federal Credit Union and the Equal Employment Opportunity Commission (EEOC).
It is unlawful under federal law, Title VII of the Civil Rights Act, and state law to discriminate against an employee on the basis of race or religion. It is also unlawful to retaliate against any person because the person protested discriminatory practices or contacted the EEOC.
Desert Schools Federal Credit Union will not discriminate against any employee on the basis of race or religion and will not retaliate against any employee.
If you believe you have been discriminated against by Desert Schools Federal Credit Union, you have the right to seek assistance from:
(1) EEOC, 3300 North Central Avenue, Suite 690, Phoenix, Arizona 85012; (602) 640-5000 or 1-800-669-4000; TrY (602) 640-5072 or 1800-669-6820; or
(2) Arizona Civil Rights Division (ACRD) of the Attorney General's Office, 1275 W. Washington, Phoenix, Arizona, 85007, (602) 2555263.
or have the right to file a charge with the EEOC or ACRD if you believe you are being discriminated against.
No Retaliation Clause. No action may be taken against you by any supervisory or management official of Desert Schools Federal Credit Union for: (1) opposing discriminatory practices made unlawful by federal law; (2) filing a charge or assisting or participating in the filing of a charge of discrimination; or (3) assisting or participating in an investigation or proceeding brought under Title VII. Should any such retaliatory actions be taken against you, you should immediately contact the EEOC or the ACRD at the address or telephone numbers listed above.
THIS NOTICE MUST REMAIN POSTED UNTIL - - - - -

Dated:

_

David Strachan

Vice President, Human Resources

Desert Schools Federal Credit Union

EXHIBITC [Desert Schools Federal Credit Union Letterhead]
[Date]
[Narne & Address]:
As you are aware, a lawsuit was filed by the Equal Employment Opportunity Commission (EEOC) against Desert Schools Federal Credit Union alleging discrimination on the basis of race and/or religion. In the course of the discovery, the EEOC opened settlement negotiations and the two parties have successfully negotiated a settlement. All of us on the Senior Management Team of Desert Schools regret that you perceived yourself to have been discriminated against during your employment. Please accept my commitment that the company will continue to take the necessary steps to ensure that current and future employees will work in an environment free of discrimination.
Sincerely, Desert Schools Federal Credit Union
David Strachan Vice President, Human Resources
Phocn ix:TI376 .2039897.1OO5

 
 CM/ECF - azd - Docket Report

Page 1 of 10

STD, TERMED
U.S. District Court DISTRICT OF ARIZONA (Phoenix Division) CIVIL DOCKET FOR CASE #: 2:03-cv-01852-NVW

EEOC v. Desert Schools Assigned to: Judge Neil V Wake Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/23/2003 Date Terminated: 03/08/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by C Emanuel Smith EEOC 3300 N Central Ave Ste 690 Phoenix, AZ 85012-1848 602-640-5033 Fax: 602-640-5009 Email: emanuel.smith@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mary Joleen O'Neill EEOC 3300 N Central Ave Ste 690 Phoenix, Az 85012-1848 602-640-5044 Fax: 602-640-5009 Email: mary.oneill@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michelle G Marshall EEOC 3300 N Central Ave Ste 690 Phoenix, AZ 85012-1848 602-640-5020 Fax: 602-640-5009 Email: michelle.marshall@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sandra J Padegimas EEOC 3300 N Central Ave

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?995657261175228-L_353_0-1

4/4/2007

CM/ECF - azd - Docket Report

Page 2 of 10

V. Defendant Desert Schools Federal Credit Union a federally chartered credit union
Intervenor Plaintiff Dera Littles TERMINATED: 12/03/2003

Ste 690 Phoenix, AZ 85012-1848 602-640-5061 Fax: 602-640-5009 Email: sandra.padegimas@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John Mark Ogden Littler Mendelson PC 2425 E Camelback Rd Ste 900 Phoenix, AZ 85016-2907 602-474-3601 Fax: 602-957-1801 Email: mogden@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kristin Renee Culbertson Littler Mendelson PC 2425 E Camelback Rd Ste 900 Phoenix, AZ 85016 602-474-3619 Fax: 602-957-1801 Email: kculbertson@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Neil M Alexander Littler Mendelson PC 2425 E Camelback Rd Ste 900 Phoenix, AZ 85016-2907 602-474-3600 Fax: 602-926-8882 Email: NALEXANDER@LITTLER.COM LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert J Rhee Choi Rhee & Fabian PLC 401 W Baseline Rd Ste 210

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?995657261175228-L_353_0-1

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CM/ECF - azd - Docket Report

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Date Filed 09/23/2003 09/30/2003
10/14/2003 10/14/2003 10/24/2003
11/20/2003 11/20/2003 12/03/2003
12/03/2003
12/03/2003
12/05/2003 12/22/2003 12/31/2003 01/12/2004

Tempe, AZ 85283 (480)517-1400 TERMINATED: 12/03/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT FILED (LSP) (Entered: 09/24/2003)

2 RETURN OF SERVICE EXECUTED summons/complaint upon dft Desert Schools, by service on Kathleen Seversohn on 9/25/03 in Mesa, AZ (former emp) (Entered: 10/01/2003)

3 ANSWER to pla's complaint [1-1] by dft Desert Schools (former emp) (Entered: 10/15/2003)

4 CORPORATE DISCLOSURE STATEMENT by dft Desert Schools (former emp) (Entered: 10/15/2003)

5 ORDER by Judge Mary H. Murguia designating action a standard track case; prel scheduling conf set for 4:15 1/12/04 (cc: all counsel) (DMT) (Entered: 10/24/2003)

6 MOTION to intervene in this case pursuant to Fed.R.Civ.P. by Dera Littles [6-1] (former emp) (Entered: 11/24/2003)

6 DEMAND (MOTION) for jury trial by intervenor-plaintiff Dera Littles [6-1] (former emp) (Entered: 11/24/2003)

7 MINUTE ORDER a notice of withdrawal from arbitration having been received, counsel/parties are advised that this case is returned to the regular civil docket of the Honorable Mary H. Murguia for all further proceedings. (cc: all counsel/MHM/GO) [7-1] re: order (minute) [7-1] (MAP) (Entered: 12/03/2003)

8 NOTICE OF WITHDRAWAL by intervenor-plaintiff Dera Littles of motion to intervene in this case pursuant to Fed.R.Civ.P. by Dera Littles [6-1] (former emp) (Entered: 12/04/2003)

9 RESPONSE by dft Desert Schools to motion to intervene in this case pursuant to Fed.R.Civ.P. by Dera Littles [6-1] [6-1] (former emp) (Entered: 12/04/2003)

10 NOTICE of service of discovery by pla EEOC . (former emp) (Entered: 12/10/2003)

11 NOTICE of service of discovery by dft Desert Schools . (former emp) (Entered: 12/30/2003)

12 CASE MGT PLAN/REPORT: ; ; (DMT) (Entered: 01/05/2004)

13 MINUTE ORDER Prel scheduling conf set for 1/12/04 is vacated and reset to 4:00 p.m., 1/28/04 (cc: all counsel) [13] (former emp) (Entered:

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01/26/2004 01/28/2004
01/28/2004 01/30/2004 01/30/2004 02/04/2004
03/09/2004 03/09/2004 03/09/2004 03/09/2004 03/09/2004 03/09/2004 03/09/2004 03/09/2004 03/11/2004

01/12/2004)
14 NOTICE of service of discovery by pla EEOC . (former emp) (Entered: 01/27/2004)
15 MINUTE ENTRY before Judge Mary H. Murguia . Crt Rptr: Merilyn Sanchez. Present: Catherine Kruse for pla; Kristin Culbertson and Neil Alexander for dft. Prel scheduling conf held; court approves case mgtm plan; order to issue. ORDERED setting status hearing re settlement status for 4:00 p.m., 9/13/04 [cc: all cnsl] [15] (former emp) (Entered: 01/29/2004)
16 NOTICE of service of discovery by pla EEOC . (former emp) (Entered: 02/02/2004)
17 NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft Desert Schools (former emp) (Entered: 02/03/2004)
18 NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (former emp) (Entered: 02/03/2004)
19 RULE 16 SCHEDULING ORDER by Judge Mary H. Murguia ; discovery due 9/17/04 ; dispositive motions due 11/5/04; parties shall keep the Court informed regarding the possibility of settlement and should settlement be reached, parties shall file a notice of settlement (cc: all counsel) re: order (scheduling) [19-1] (former emp) (Entered: 02/04/2004)
20 NOTICE by pla EEOC OF TAKING DEPO OF Amber Skousen on the following date(s): 4/21/04 (former emp) (Entered: 03/11/2004)
21 NOTICE by pla EEOC OF TAKING DEPO OF Rebecca Nixon on the following date(s): 4/21/04 (former emp) (Entered: 03/11/2004)
22 NOTICE by pla EEOC OF TAKING DEPO OF Mark Holguin on the following date(s): 5/6/04 (former emp) (Entered: 03/11/2004)
23 NOTICE by pla EEOC OF TAKING DEPO OF Jennifer Godel on the following date(s): 4/20/04 (former emp) (Entered: 03/11/2004)
24 NOTICE by pla EEOC OF TAKING DEPO OF Lisa Saye on the following date(s): 5/5/04 (former emp) (Entered: 03/11/2004)
25 NOTICE by pla EEOC OF TAKING DEPO OF Kim Swan on the following date(s): 5/4/04 (former emp) (Entered: 03/11/2004)
26 NOTICE by pla EEOC OF TAKING DEPO OF Cheryl Johnson on the following date(s): 4/22/04 (former emp) (Entered: 03/11/2004)
27 NOTICE by pla EEOC OF TAKING DEPO OF Tala Siaumau on the following date(s): 4/22/04 (former emp) (Entered: 03/11/2004)
28 NOTICE of service of discovery by dft Desert Schools . (former emp) (Entered: 03/15/2004)

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04/21/2004 04/26/2004 04/27/2004 04/27/2004 04/29/2004
05/05/2004 05/05/2004 05/06/2004 05/11/2004 05/11/2004 05/12/2004 06/01/2004 06/01/2004

29 STATEMENT by dft Desert Schools Federal Credit Union re Discovery dispute (LSP) (Entered: 04/26/2004)
30 MINUTE ORDER Discovery dispute is set for 3:00 p.m., 4/29/04 (cc: all counsel) [30] (former emp) (Entered: 04/26/2004)
32 BRIEF re discovery dispute by pla EEOC (former emp) (Entered: 05/03/2004)
33 MEMORANDUM of points and authorities re: discovery dispute by dft Desert Schools (former emp) (Entered: 05/03/2004)
31 MINUTE ENTRY before Judge Mary H. Murguia . Crt Rptr: Merilyn Sanchez. Present: Michelle Marshall and Emanuel Smith for pla; Kristin Culbertson for dft. By telephone: Neil Alexander for dft. Discovery dispute heard. IT IS ORDERED that parties draft a stipulated protective order allowing this evidence to be filed under seal. [31] (former emp) (Entered: 04/29/2004)
34 NOTICE by dft Desert Schools of lodging proposed protective order (former emp) (Entered: 05/10/2004)
35 NOTICE by pla EEOC of lodging proposed protective order (former emp) (Entered: 05/11/2004)
36 Transcript Designation and Ordering Form re discovery dispute on 4/29/04 (requested by Michelle Marshall) (former emp) (Entered: 05/11/2004)
37 Court Reporter's Transcript of Proceedings of Hearing on Discovery by Court Reporter: Merilyn A Sanchez for the following date(s): 04/29/04 @ 3:23pm re (FMP) (Entered: 05/14/2004)
38 AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Rebecca Nixon on the following date(s): 05/13/04 @ 1:00pm (FMP) (Entered: 05/14/2004)
39 NOTICE of compliance of 1st Supplemental initial disclosure statement pursuant to FRCivP 26(a) by dft Desert Schools (FMP) (Entered: 05/14/2004)
40 PROTECTIVE ORDER by Judge Mary H. Murguia: [34-1], [35-1] (cc: all counsel) (former emp) (Entered: 06/01/2004)
41 The Court has ORDERED that effective June 28, 2004, the above captioned matter is reassigned to Judge Neil V. Wake for all further proceedings. Any hearing, conference, or trial scheduled to be held between 6/28/04 and 7/9/04, is vacated. All other matters remain as scheduled. It is FURTHER ORDERED that counsel review and comply with the attached instructions. All further pleadings and papers filed in this action on or after 6/28/04, should bear the complete case number and judge's initials, as shown above. (cc: all counsel/NVW/ MHM) [41-1] (KAL) (Entered: 06/01/2004)

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06/03/2004 06/03/2004 06/03/2004 06/18/2004 06/25/2004
06/28/2004 07/02/2004 08/17/2004 09/10/2004 09/24/2004 09/27/2004 09/28/2004 09/30/2004 10/05/2004 10/07/2004

42 NOTICE by dft Desert Schools OF TAKING DEPO OF Catherine Chaussee on the following date(s): 7/9/04 (former emp) (Entered: 06/04/2004)
43 NOTICE by dft Desert Schools OF TAKING DEPO OF Janice Paulk on the following date(s): 7/8/04 (former emp) (Entered: 06/04/2004)
44 NOTICE by dft Desert Schools OF TAKING DEPO OF Dera Littles (videotaped) on the following date(s): 7/7/04 (former emp) (Entered: 06/04/2004)
45 JOINT MOTION to extend pending deadlines (discovery until 1/21/05, dispositive motions until 3/11/05) by pla EEOC [45-1] (former emp) (Entered: 06/21/2004)
46 ORDER by Judge Mary H. Murguia that the Court having received the parties' Joint Motion for Extension of Deadlines [45-1], IT IS ORDERED granting the request to extend deadlines to the dates shown: (complete list of dates within the order) ; discovery ddl re-set for 1/21/05 ; dispositive motions now due 3/11/05 ; status hearing re possibility of settlement set for 1/18/05 at 4:00 p.m. (cc: all counsel) (SAT) Modified on 09/13/2004 (Entered: 06/25/2004)
47 JUNE 2004 STATUS REPORT pursuant to the Court's order of 6/1/04 by pla EEOC, dft Desert Schools (former emp) (Entered: 06/30/2004)
48 NOTICE of service of 2nd supplemental disclosure statement pursuant to FRCivP 26(a) by dft Desert Schools (former emp) (Entered: 07/06/2004)
49 NOTICE of service of discovery by pla EEOC . (former emp) (Entered: 08/18/2004)
50 NOTICE of compliance of first supplemental disclosure statement pursuant to FRCivP 26(a) by pla (DMT) (Entered: 09/15/2004)
51 Amended NOTICE by pla EEOC OF TAKING DEPO OF Amber Skousen on the following date(s): 10/20/04 (KCS) Modified on 09/24/2004 (Entered: 09/24/2004)
52 ATTORNEY APPEARANCE for pla by Sandra J Padegimas (DMT) (Entered: 09/29/2004)
53 NOTICE of service of third supplemental disclosure statement pursuant to FRCivP 26(a) by dft Desert Schools (KCS) (Entered: 09/30/2004)
54 NOTICE by pla EEOC OF TAKING DEPO OF Tala Siaumau on the following date(s): 10/20/04 (KCS) (Entered: 09/30/2004)
55 Second Amended NOTICE by pla EEOC OF TAKING DEPO OF Rebecca Nixon on the following date(s): 11/16/04 (KCS) (Entered: 10/06/2004)
56 NOTICE of service of fourth supplemental disclosure statement pursuant to FRCivP 26(a) by dft Desert Schools (KCS) (Entered: 10/07/2004)

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10/08/2004 10/08/2004 10/08/2004 10/12/2004 10/14/2004
10/15/2004 10/15/2004 10/15/2004 10/15/2004 10/20/2004 10/21/2004

57 NOTICE by dft OF TAKING DEPO OF Catherine Chaussee on the following date(s): 11/3/04 (DMT) (Entered: 10/13/2004)
58 NOTICE by dft OF TAKING DEPO OF Janice Paulk on the following date(s): 11/9/04 (DMT) (Entered: 10/13/2004)
59 NOTICE by dft OF TAKING DEPO OF Dera Littles on the following date(s): 11/12/04 (DMT) (Entered: 10/13/2004)
61 NOTICE of service of discovery by pla. (DMT) (Entered: 10/15/2004)
60 MINUTE ENTRY before Judge Neil V. Wake. Crt Rptr: Laurie Adams. This is the time for telephonic hearing regarding discovery dispute. Present telephonically are Michelle Marshall and Sandra Padegimas for Plaintiff and Neil Alexander and Kristin Culbertson for Defendant. Discussion is held regarding Plaintiff's objection to disclosure of nonmental health providers for Ms. Chaussee. Plaintiff stipulates that it will not seek any economic damages for Ms. Chaussee. The Court orders as follows: 1. Plaintiff shall supply to defense counsel by Monday, October 18, 2004, the names of Ms. Chaussee's non-mental health providers or any other health care providers not previously identified, for the last six years; 2. defendant may subpoena directly from those health care providers the medical records of Ms. Chaussee for the the last six years; 3. only counsel may review the medical records; 4. if counsel for the defendant is of the view that there is information relevant to the emotional distress damages sought with respect to Ms. Chaussee, counsel for defendant shall confer with counsel for the plaintiff about the appropriateness of further discovery of either plaintiff or the medical providers about those services; 5. if counsel are unable to agree regarding further discovery, counsel may request the Court to schedule a hearing. The Court requests counsel to provide the medical records at issue to the Court prior to any further hearing. [cc: NVW, counsel] [60-1] re: minute entry [60-1] (SJF) (Entered: 10/14/2004)
62 AMENDED NOTICE by dft Desert Schools OF TAKING DEPO OF Catherine Chaussee on the following date(s): 11/10/04 (KCS) Modified on 10/22/2004 (Entered: 10/19/2004)
63 AMENDED NOTICE by dft Desert Schools OF TAKING DEPO OF Dera Littles on the following date(s): 11/23/04 (KCS) (Entered: 10/19/2004)
64 AMENDED NOTICE by dft Desert Schools OF TAKING DEPO OF Janice Paulk on the following date(s): 11/08/04 (KCS) (Entered: 10/19/2004)
65 NOTICE of service of discovery by pla EEOC . (KCS) (Entered: 10/19/2004)
66 NOTICE by dft OF TAKING DEPO OF Cherrie Y Martin on the following date(s): 12/1/04 (DMT) (Entered: 10/22/2004)
67 Amended NOTICE by pla EEOC OF TAKING Depositions as indicated

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10/28/2004 10/28/2004 11/04/2004
11/08/2004 11/10/2004 11/15/2004 11/15/2004 11/18/2004 11/22/2004 11/23/2004 11/24/2004 12/01/2004 12/07/2004 12/07/2004
12/07/2004 12/09/2004
12/09/2004

in the notice for five deponents at different dates and times. (KCS) (Entered: 10/26/2004)
68 NOTICE of service of discovery by pla EEOC . (KCS) (Entered: 11/01/2004)
69 NOTICE of service of discovery by pla EEOC . (KCS) (Entered: 11/01/2004)
70 NOTICE (second amended) by dft Desert Schools OF TAKING DEPO OF Catherine Chaussee on the following date(s): 11/30/04 (KCS) (Entered: 11/09/2004)
71 NOTICE of service of discovery by dft Desert Schools . (KCS) (Entered: 11/10/2004)
72 NOTICE of service of discovery by pla EEOC . (SRB) (Entered: 11/17/2004)
73 NOTICE of service of discovery by dft Desert Schools . (SRB) (Entered: 11/19/2004)
74 NOTICE of service of discovery by pla EEOC . (SRB) (Entered: 11/19/2004)
75 NOTICE of service of discovery by pla EEOC . (SRB) (Entered: 11/24/2004)
76 NOTICE of service of discovery by pla EEOC . (SRB) (Entered: 11/30/2004)
77 NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (SRB) (Entered: 11/30/2004)
78 NOTICE of service of discovery by dft. (DMT) (Entered: 12/01/2004)
79 NOTICE of service of discovery by dft Desert Schools . (SRB) (Entered: 12/03/2004)
80 NOTICE of service of fifth supplemental disclosure statement pursuant to FRCivP 26(a) by dft Desert Schools (KCS) (Entered: 12/10/2004)
81 NOTICE of service of fifth supplemental disclosure statement pursuant to FRCivP 26(a) by dft Desert Schools; appears identical to document #80 (KCS) (Entered: 12/10/2004)
82 NOTICE of service of discovery by dft Desert Schools . (KCS) (Entered: 12/10/2004)
83 Amended NOTICE by dft Desert Schools OF TAKING DEPO OF Cherrie Y. Martin on the following date(s): 01/11/05 @ 2:00 p.m. (KCS) Modified on 12/13/2004 (Entered: 12/13/2004)
84 NOTICE by pla EEOC OF TAKING Video DEPO OF Catherine Chaussee on the following date(s): 12/22/04 @ 9:30 a.m. (KCS) (Entered: 12/13/2004)

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12/09/2004 12/10/2004 12/13/2004 12/16/2004 12/17/2004 12/20/2004 12/20/2004 12/20/2004 12/20/2004 01/12/2005 01/14/2005
02/16/2005 03/08/2005
03/08/2005

85 NOTICE of service of discovery by pla EEOC . (KCS) (Entered: 12/13/2004)
86 NOTICE by dft Desert Schools OF TAKING DEPO OF Cherrie Martin on the following date(s): 1/4/05 (SRB) (Entered: 12/14/2004)
87 NOTICE of service of discovery by pla. (DMT) (Entered: 12/16/2004)
88 NOTICE of service of discovery by pla EEOC . (LAD) (Entered: 12/21/2004)
89 NOTICE of service of discovery by dft Desert Schools . (LAD) (Entered: 12/22/2004)
90 NOTICE by pla EEOC OF TAKING DEPO OF Desert Schools Federal Credit Union on the following date(s): 01/19/05 @ 9:00 a.m. (KCS) (Entered: 12/27/2004)
91 NOTICE by pla EEOC OF TAKING DEPO OF Susan Hurst on the following date(s): 11/11/05 @ 9:00 a.m. (KCS) (Entered: 12/27/2004)
92 NOTICE by pla EEOC OF TAKING DEPO OF Gary Glenn on the following date(s): 01/11/05 @ 2:00 p.m. (KCS) (Entered: 12/27/2004)
93 NOTICE by dft Desert Schools OF TAKING DEPO OF Debbie Douglas on the following date(s): 01/21/05 @ 9:30 a.m. (KCS) (Entered: 12/27/2004)
94 MOTION (joint) to extend disc to 2/22/05 and dispositive motions to 4/11/05 by pla, dft [94-1] (DMT) (Entered: 01/14/2005)
95 ORDER by Judge Neil V. Wake granting motion to extend disc to 2/22/05 and dispositive motions to 4/11/05 by pla, dft [94-1] ; discovery ddl set for 2/22/05 ; dispositive motions due 4/11/05 ; status hearing of 1/18/05 is vacated (cc: all counsel) (DMT) (Entered: 01/14/2005)
96 MOTION for entry of consent decree by dft Desert Schools [96-1] (SRB) (Entered: 02/24/2005)
97 CONSENT DECREE by Judge Neil V. Wake and granting motion for entry of consent decree by dft Desert Schools [96-1]; that dft is permanently enjoined from disciminatory practices; the judgment is entered in favor of the EEOC and against dft in the amount of $65,000; personnel files will be expunged as directed; dft shall post Notice Exhibit B; dft shall provide discrimination training; dft shall prepare a letter of regret and a statement of respect for religious and cultural diversity; dft shall make periodic reports; each party shall bear its costs and attorney's fees; the decree shall endure for 36 months and will expire without further action by the parties. (cc: all counsel) (KCS) (Entered: 03/08/2005)
98 JUDGMENT: that pursuant to the Consent Decree filed by the Court and dated March 8, 2005, judgment is entered in favor of plaintiff and against defendant in the amount of $65,000.00, that defendant is permanently

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enjoined from discriminatory practices, and the defendant is required to state and enforce anti-discrimination policies. (cc: all counsel) re: judgment [98-1] (KCS) (Entered: 03/08/2005)

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