I IIIIIII III I II IIII III IIIii I II III IIII I I IIIIII IIIII IIII I II III IIII IIII
AKA. LTUHIRSYLNUOCLESROON, J, RSU, RPEGRVIOISNOARLYATTRTIOARLNAETYTOR.~CV 03-0080 #l

TERI HEALY, TRIAL ATTORNEY

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

909 FIRST AVENUE, SUITE 400

SEATTLE, WA 98104 TEL" (206) 220-69r~----RLED

ENTERED

LODGED-__~RECEIVED

ORI61NAL

.._ --. ~, Blllt~’ 0OU~

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

)
) CIVIL ACTION NO
o ¢V08 "0080
JURY TRIAL DEMAND

JERRY CHAMBERS CHEVROLET 1NC

Defendant

NATURE OF THE ACTION

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

Raghts Act of 1991 to correct unlawful employment pmctaces and to provide appropriate rehefto

Amy Seaman who was adversely affected by such practices. The Equal Employment

Opportunity Commission (the "Commission") alleges that defendant sexually harassed Ms

Seaman because of her sex, creating a host.tie environment, then failed to take prompt remedial

actions to end the harassment and retaliated against her, all forcing Ms. Seaman to resign. The Commission alleges that defendant’s dlscrirninatory conduct led to Ms Seaman’s constructive

COMPLAINT- Page 1

U,S EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Seattle Dietdct Office 909 F~rst Avenoe, Suite 400 ~eattle, Washington 98104-t061 Telephone 1206) 220-68B3
Fa~tmlle t206) 220-69,1 TDD ~206t 220-6882

Commissmn alleges that defendant’s discriminatory conduct led to Ms. Seaman’s constructive

discharge. Plaintiff seeks monetary and injunctave relief, including peeumary and nonpecumary

compensatory damages and pttmtlve damages.

JURISDICTION AND VENUE

1

Jtmsdlctxon ofth~s Court is invoked pursuant to 28 U S C §§451, 1331, 1337,

1343 and 1345 Thxs action is authorized and instituted pursuant to Sections 706(0(1) and (3) of

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

VII"), and Section 102 of the Cwd Raghts Act of 1991, 42 U.S.C. §1981a.

2 The employment practices alleged to be unlawful were committed w~t~n the jurlsdieUon of the Umted States District Court for the Western District of Washington

PARTIES 3 Plaintiff, the Equal Employment Opportumty Commissmn, ~s the agency of the

Umted States of America charged wath the administratmn, interpretation and enforcement of

Title VII, and ~s expressly authorized to bring th~s actmn by Section 706(f)(1) of T~tle VII, 42

U.S.C. §2000e-5(f)(1) 4 At all relevant tames, defendant Jerry Chambers Chevrolet, incorporated in the

State of Washington, has continuously been a corporataon doing business m the State of

Washington and has continuously had at least 15 employees.

5 At all relevant umes, defendant Jerry Chambers Chevrolet, has continuously been

an employer engaged in an ~ndustry affecting commerce w|thin the meaning of Sectmns 701 (b),

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

COMPLAINT - Page 2

U $ EQUAL EMPLOYMENT OPPORTUNITY C0/~MCSSION
909 F~P~ A~nu¢ 5u~e 4~ ~tt~ Wo~hl~o~ 9B1~-1061
T¢lcpho~ (206) 220-6883
~0 (20~) 220~882

STATEMENT OF CLAIMS 6 More than thirty days prior to the lnstltut~on of this lawsuit, Amy Seaman filed a charge of discnwanataon with the Equal Employment Opportumty Commission alleging wolations of Title VII by defendant, Jerry Chambers Chevrolet All conditions precedent to the inst~tuUon ofth~s lawsmt have been fulfilled 7 From at least June 1999, defendant engaged in unlawful employment practices at ~ts Belhngham, Was/ungton facd~ty m wolation of§§ 703(a) and 704(a) of T~tle VII, 42 U.S.C §§ 2000e-2(a) and 3(a) Defendant affected the terms and conditions of Ms Seaman’s employment by subjecting her to ongoing harassment based on her sex, female and subjecting her to retaliation for her complaants of discrimination This ongoing sexual harassment and retahat~on led to her constructive discharge on or about September 10, 2001 8 The effect of the practices complained of m paragraph 7 above has been to deprive Amy Seaman of equal employment opportumties and otherwise adversely affect her status as an employee of Jerry Chambers Chevrolet because of sex 9 The unlawful employment practices complained of in paragraph 7 above were intentional I0 The unlawful employment practices complained of in paragraph 7 above were done v, nth mahce or w~th reckless indifference to the federally protected rights of Amy Seaman
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court A Grant a permanent injunction enjoining defendant, ~ts officers, successors, agents, assigns, and all persons m active concert or participation with it, from engaging in any

COMPLAINT- Page 3

US EQUAL EMPLOYME~W OPPORTUNI"TY COMMZSST, ON
5~ffle, Washington 981~-I061 TeI~ (206) 220-6883 F~mde (2~) 220-691~ TDD (206) 220-6882

employment practice which discnrmnates on the basis of sex

B Order defendant to institute and carry out policxes, practices, and programs wt~ch

prowde equal employment opportun~tles for all employees, and which eradicate the effects of ~ts

past and present unlawful employment practices.

C Order defendant to make whole Amy Seaman by prowd~ng approprmte back pay

w~th prejudgment interest, m amounts to be determined at trial, and other affirmative rehef

necessary to erachcate the effects of defendant’s un/awful employment practices

D Order defendant to make whole Amy Seaman by providing compensation for past

and future pecuniary losses resulting from the unlaw~l employment practices described m

paragraph 7 above, including past and future out-of-pocket expenses, m amounts to be

determined at trial

E Order defendant to make whole Amy Seaman by providing compensation for past

and future nonpecumary losses resulting from the unlawful practices complained of ~n paragraph

7 above, including without limitation emotional pare, suffenng, and loss of enjoyment of hfe, in

amounts to be determined at trial.

F. Order defendant to pay Amy Seaman punitive damages for its mahcious and

reckless conduct described m paragraph 7 above, ~n amounts to be determined at trial.

Go

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

interest

H Award the Commission ~ts costs of this action

COMPLAINT - Page 4

JURY TRIAL DEMAND

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

DATED th~s ~.~h day of (~Jk’/%LO.Axx~ ,2003.

A LUIS LUCERO, JR. Regional Attorney

GW~ND~LYN YOUNG REAMS Associate General Counsel

KATHRY-N OLSON Supervisory Trial Attorney

TERI HEALY Trial Attorney

BY: ,~. EQUAL E/V~I~OYM’~’NT
o ,PoR uNrrv COMM SS ONV

Seattle District Office
909 First Avenue, Suite 400 Seattle, Waslungton 98104 Telephone (206) 220-6916

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

Attorneys for Plaintiff

COMPLAINT- Page 5

EQUAL E~PLOY~ENT OPPORTUMITY CONIMT~$10N ~attl¢ District OfflC~
~ Wash~on 981~-1~1 T¢l~pho~ (206) 220-6883 F=c;~md¢ (2~) 2ZO-69~t TDD (20~} 220-$882

 
 I IIIiiii III I II IIII III dllll III IIII I II Ill Illl I II II I IIIIII lllll IIII I II III IIII
CV 03 00080 #0000000"7
5

2003
~ ,~E

6

7

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WASHINGTON

8

EQUAL EMPLOYMENT OPPORTUNITY 9 COMMISSION,

10 11
V

Ploantlff,

COMPLAINT FOR DAMAGES AND UNPAID WAGES

12 JERRY CHAMBERS CHEVROLET, INC,
13 Defendant.
14

15 COMES NOW the above-named plaintiff, by and through her counsel KAREN LEIGH

16 FUNSTON and the law firm of ZENDER THURSTON, P S, and for causes of action

I7 against the above named defendants, alleges as follows

18

I. PARTIES

19

11 At all times material and relevant, Plaintiff Amy Seaman was a resident of

20 Whatcom County

21 1 2 Defendant Jerry Chambers Chevrolet, Inc(hereinafter referred to as "Jerry

22 Chambers Chevrolet, Inc."), is a Washington corporation which conducted business in
23 Whatcom County, Washington, at all times relevant hereto
24
1 3 Plaintiff Amy Seaman was an employee of Defendant’s from approximately 25

COMPLAINT FOR DAMAGES AND UNPAID WAGES - 1

ZE

A"I-I’DI~NEY.~i AT LAW

ORI@INAL

1 October 1998, tmtd she was constrtlctlvely discharged in September 2001. She worked as

2 salesperson m the car dealership in Belllngham Washington.

3

II. JURISDICTION & VENUE

4

2 1 All actions of wNch Plaintiff complains took place within the Western Dismct

5 of Washington

6 2 2 Th~s action revolves a controversy arising trader §§ 703(a) and 704(a) of Title
7
VII, 42 USC §§200e-2(a) and 3(a). 8

2 3 Plamtlffrequests tins Court exercise ~ts pendent jurisdiction to hear those ciaims 9

10 whxch arise under state law because they are related to Plmnlaff’s federal clmms

11

III. FACTS

12

3 1 Amy Seaman was employed by Jerry Chambers Chevrolet, Inc from

13 approximately October 1998 untd September 2001

14

3 2 Plaintiff Seanaan regularly worked at least 40 hours per week as a

15 salesperson in the Belhngham dealership

16 3 3 During the course of her employ, Plmnhff Seaman was the victim of
17 harassment based on her sex (female) ~n violalaon of Title VII of the Clxal Rtghts Act of
18 1964 and Washington Law Against Dlscnmxnatmn RCW 49 60 et seq The effect of the
t9
harassment was to create a hostile work environment in violatmn of RCW 49 60 20

21

3 4 Plaintiff Seaman complmned about the harassment and other unlawful

22 practices to company managers Her complaints were made in verbal and written form

23

3 5 Plmntxff Seaman was constructively discharged by Defendant on

24 approximately September 1 O, 2001

25
COMPLAINT FOR DAMAGES AND UNPAID WAGES - 2

ZENDER TH U RSTn N, A’l-rr~ RNEY5 AT LAW
1 ~n~ D ~i’rREET/P[~ BOX ,5226
BELLINBHAM~ WA PHQNE (~) 647-15~
FAX[ [~8~) 647-1

1 IV. FIRST CAUSE OF ACTION: DISCRIMINATION IN VIOLATION OF THE LAW AGAINST DISCRIMINATION OF THE STATE OF WASHINGTON
2 Defendant’s actions described ~n Section III above were based on Plaintiff’s gender
3
4 in vmlat]on of RCW 49 60 180,

5

V. SECOND CAUSE OF ACTION: RETALIATION

6

Defendant’s actions described in Section III above were based in whole or m part

7 on Plaintiff’s assertion of protected rights, and other conduct protected under the

8 Washington Wage and Hour statutes, the Law Agmnst DlscrlmInatmn (RCW 49 60 010 et

9 seq ), and the public policy of the State of Washington and were retaliatory acts violating

10 these statutes and the pubhc pohey of the State of Washington.
11 VI. PRAYER FOR RELIEF
12 WHEREFORE, Plaintiff prays for judgment against Defendant as follows’
13 6 I For damages prowded by law for the losses Plaintiff has suffered as a result
14
15 of the conduct described m th~s Complaint These damages include, but are not hmited to

16

a. wages to wbach Plaintiff was entxtled by law;

17

b. compensation lost to PlaInlaff as a result of Defendants’ failure to

assign work to Plmntlff as described in th~s Complaxnt,

18
c. wages and benefits lost to Plaintiff as a result of her tenmnation, 19

d wages and benefits lost to Plaintiff as a result of the retahatory

20

conduct described m this Complaint

21

6 2 Double damages and other damage factors pemutted under applicable

22 Washington statutes and case laws and as thereafter anaended

23 63 Actual dan~ages as authorized by RCW 49 60 180 et seq
24
64 Plamt~tFs costs and expenses m bringing this actmn, including reasonable 25

COMPLAINT FOR DAMAGES AND UNPAID WAGES - 3

1 attorneys’ fees and other legal expenses

2

65 Reinstatement to Ploantlff’s former position or, in the absence or

3 unfeaslblllty of such reinstatement, to lost wages reasonably hkely to be recurred by

4 Plaxntiff in the future as a result of the loss of her employment

5 6 6 Injunctive and/or equxtabIe rehef as the court deems appropriate.
6 6 7 For such other relief as thts Court may find just, eqtutable, and proper under
7
the circumstances 8
DATED thls ~day of February 2003 9

10

ZENDER THURSTON, P.S.

11

12

KAREN LEIGH F~STON, WSBA #28258

Attorneys for Amy Seaman

13

14

15

16

17

18

19

20

21

22

23

24

25
COMPLAINT FOR DAMAGES AND UNPAID WAGES - 4

03/14/03

I0 47 FAX 6$129867S9

[~IVERSITY NAT’L BANK

~002/003

1

STATE OF Z~/A/A/~.--~7"fl,- )

2
cot ’v
3

)§ )

4

~ SE~ s~a~ ~d ~s ~dcr pe~ of pe0~ ~dcr ~e laws of ~e

5 Sm~ of W~on ~at she is ~e pl~~ ~s lawsit, ~t s~ has rc~ ~e foregoMg

6 Compl~t for D~ages ~d Un~d Wages, ~ows ~e eonten~ th~ ~d believ~ ~e

7 s~e to be ~e ~d eoffeet_

8

9

10

11 SUBSCRIBED AND SWORN to before me ~bd~y of February, 2003, by
12 AMY SEAMAN.
13

14

15

16

17

My commission expires / /

18

19

20

21

22

23

24

25
COMPLAINT FOR DAMAGES .AND UNPAID
WAGES - 5

ZENDER THUR~TON, P~. ATTORNEYS AT LAW
1700 D StreePPO Box 5225 Bell~ngham. WA 98227
I:s~ (3~0) 647-1501

1

JUDGE PECHMAN

2

3

4

5

8Y

OEPU’~

6

7 UNITED STATES DISTRICT COURT

8

FOR THE WESTERN DISTRICT OF WASHINGTON

9 EQUAL EMPLOYMENT OPPORTUNITY No. CV03-0080P COMMISSION,
10

II

Plaintiff,

AFFIDAVIT OF SERVICE

12

13 JERRY CHAMBERS CHEVROLET, INC,

14

Defendant

15

STATE OF WASHINGTON

)

16

)§

COUNTY OF WHATCOM

)

17

The tmders~gned, being first duly sworn on oath deposes and says. That she is now 18

19 and at all times hereto mentaoned was a citizen of the United States and resxdent of the

20 State of Washington over the age of eighteen years, not a party to or interested in the

21 above-entitled aCtlor~ and competent to be a vatness therein,

22

That on March 18, 2003, I caused to be served, via First Class/US Mail, true and

23 correct coples of the Motion to Intervene by "Charging Party" Amy Seaman and 24 Memorandum in Support, Declaration of Counsel Karcn Leigh Funston in Support 25
AFFIDAVIT OF SERVICE - 1

ORIGINAL

1 of Amy Seaman’s Motion to Intervene (wtth attachment Determination of EEOC, dated

2 November 8, 2002); Complaint for Damages and Unpald Wages, and [proposed] Order

3 Granting Motion of Amy Seaman to Intervene to the partaes listed below

4 Attorneys for Defendant Jerry Attorneys for Plaintiff Equal Employment

5 Chambers Chevrolet, Inc.:

Opportunity Commission:

Law Offices ofDan’l W Bridges A Luls Lucero, Jr, Regional Attorney

6 2135 - 112t~ Avenue NE #120 Kathryn Olson, Supervtsory Trial Attorney

Bellevue, WA 98004-2912

Ten Healy, Trml Attorney

7 Fax (425) 818-4882

U S Equal Employment Opportunity Comm~sslon

SeattIe District Office

8

Federal Office Builchng

909 F~rst Avenue, State 400

9

Seattle, WA 98104-1061

10

Fax (206)220-6911

11

12

13

14

SUBSCRIBED AND SWORN to before me th~s 18th day of March 2003 by Shelly

15 R. Johnson

16

17

for the state of

Washington, residing at Demtng, WA

~8

My comrmss~on expires 05/04/2006

19

20

21

22

23

24

25 AFFIDAVIT OF SERVICE - 2

ZIENDER THURSTON, P,~. ATTQRNEY~ AT LAW
1 ~TB~ D ~TRIEET/PI-I BEIX B ELI.IINI~H AM ~ WA

 
 .' to judge--.pm

1

JUDGE PECHMAN

2

3
111111111111111111111111111111111111111111111

4
11111111111111111111111111111111111

5

03-CV-00080-CMP

-IL~D
-l{)gGED
_R~1ViI
AUG 08 2003

6 7

UNITED STATES DISTRICT COURT

~iSTeElRmN DuI6.ATsT.JlISOCiTlASlTOR1FlC([WTACSOHUINRGTTON
DEP))TY

FOR THE WESTERN DISTRICT OF WASHINGTON

8

EQUAL EMPLOYMENT OPPORTUNITY No.: CV03-0080P

9 COMMISSION,

10
11
v.

Plaintiff,

PLAINTIFF IN INTERVENTION AMY SEAMAN'S AMENDED COMPLAINT FOR DAMAGES AND UNPAID WAGES

12 JERRY CHAMBERS CHEVROLET, INC.,
13 Defendant.
14

COMES NOW the above-named plaintiff, by and through her counsel KAREN 15

16 LEIGH FUNSTON and the law finn of ZENDER THURSTON, P.S., and for causes of

17 action against the above named defendants, and files this amended complaint alleging as

18 follows:

19

I. PARTIES

20

1.1 At all times material and relevant, Plaintiff Amy Seaman was a resident of

21 Whatcom County.

22
1.2 Defendant Jerry Chambers Chevrolet, Inc. (hereinafter referred to as "Jerry

23 Chambers Chevrolet, Inc."), is a Washington corporation which conducted business in
24

Whatcom County, Washington, at all times relevant hereto. 25

AMENDED COMPLAINT FOR DAMAGES AND UNPAID WAGES - 1

ZENDER THURSTON, P.S.
ATTORNEYS AT LAW 1700 0 STREET/PO Bex 5226
BELL.INGHAM, WA 98227 PHONE: IS6Dl 647-1500
FAX: (360) 647-1501

ORIGINAL

1

1.3 Plaintiff Amy Seaman was an employee of Defendant's from approximately

2 October 1998, until she was constructively discharged in September 2001. She worked as

3 salesperson in the car dealership in Bellingham Washington.

4

II. JURISDICTION & VENUE

5 2.1 All actions of which Plaintiff complains took place within the Western District

6 of Washington.
7 2.2 This action involves a controversy arising under §§ 703(a) and 704(a) of Title
8
VII, 42 USC §§200e-2(a) and 3(a). 9

10

2.3 Plaintiff requests this Court exercise its pendent jurisdiction to hear those claims

11 which arise under state law because they are related to Plaintiff's federal claims.

12

III. FACTS

13

3.1 Amy Seaman was employed by Jerry Chambers Chevrolet, Inc. from

14 approximately October 1998 until September 2001.

15

3.2 Plaintiff Seaman regularly worked at least 40 hours per week as a

16 salesperson in the Bellingham dealership.
17 3.3 During the course of her employ, Plaintiff Seaman was the victim of
18 harassment based on her sex (female) in violation of Title VII of the Civil Rights Act of
19
1964 and Washington Law Against Discrimination RCW 49.60 et seq. The effect of the 20

21 harassment was to create a hostile work environment in violation ofRCW 49.60.

22

3.4 Plaintiff Seaman complained about the harassment to company managers.

23 Her complaints were made in verbal and written form.

24

3.5 In response to Plaintiff Amy Seaman's resistance to the sexual harassment

25
AMENDED COMPLAINT FOR DAMAGES AND UNPAID WAGES - 2

ZENDER THURSTON, P.S. ATTORNEYS AT LAW
1700 D STREET/PO Box 5226 BELLING ..... AM, WA. 9622.7 PHONE: {:3601 647-1 SOO F"AX: {360J 647-1501

1 and complaints about the sexual harassment, Defendants retaliated against Amy Seaman

2 in violation of Washington Law Against Discrimination, RCW 49.60 by further harassing

3 her and by limiting her earning opportunities on the job.

4

3.6 Plaintiff Seaman was constructively discharged by Defendant on

5 approximately September 10, 2001.

6 IV. FIRST CAUSE OF ACTION: DISCRIMINATION IN VIOLATION OF THE

7

LAW AGAINST DISCRIMINATION OF THE STATE OF WASHINGTON

8

Defendant's actions described in Section III above were based on Plaintiff's gender

9 in violation ofRCW 49.60.180.

10

V. SECOND CAUSE OF ACTION: RETALIATION

11 Defendant's actions described in Section III above were based in whole or in part

12 on Plaintiffs assertion of protected rights, and other conduct protected under the
13
Washington Law Against Discrimination CRCW 49.60.010 et seq.), and the public policy 14

of the State of Washington, such acts were sexual harassment and were retaliatory acts 15

16 violating these statutes and the public policy of the State of Washington.

17

VI. PRAYER FOR RELIEF

18

WHEREFORE, Plaintiff prays for judgment against Defendant as follows:

19

6.1 For damages provided by law for the losses Plaintiff has suffered as a result

20 of the conduct described in this Complaint. These damages include, but are not limited to:

21

a. wages to which Plaintiff was entitled by law;

22 b. compensation lost to Plaintiff as a result of Defendants' failure to

23

assign work to Plaintiff as described in this Complaint;

24

c. wages and benefits lost to Plaintiff as a result of her termination;

25
AMENDED COMPLAINT FOR DAMAGES AND UNPAID WAGES - 3

ZENDER THURSTON, P.S. ATTORNEYS AT LAW
1700 D STREET/PO Box 5226 BELLINGHAM, WA 96227 PHONE: 1360) 647·'500 FAX: 1:360) 647-1501

•.

1

d. wages and benefits lost to Plaintiff as a result of the retaliatory

conduct described in this Complaint.
2

6.2 Double damages and other damage factors permitted under applicable 3

4 Washington statutes including RCW 49.60.030 and RCW 49.52.070 and case laws and as

5 thereafter amended.

6

6.3 Actual damages as authorized by RCW 49.60.180 et seq.

7

6.4 Plaintiffs costs and expenses in bringing this action, including reasonable

8 attorneys' fees and other legal expenses as authorized by RCW 49.60.

9

6.5 Reinstatement to Plaintiffs former position or, in the absence or

10 unfeasibility of such reinstatement, to lost wages reasonably likely to be incurred by

11
Plaintiff in the future as a result ofthe loss of her employment.

12 6.6 Injunctive and/or equitable relief as the court deems appropriate.
13

6.7 For such other relief as this Court may find just, equitable, and proper under 14

the circumstances. 15

16

DATED this 6'tJ.. day of August 2003.

17

ZENDER THURSTON, P.S.

18

19

KA~G';rirtsT~~58

Attorneys for Amy Seaman 20

21

22

23

24

25
AMENDED COMPLAINT FOR DAMAGES AND UNPAID WAGES - 4

ZENDER THURSTON, P,S. ATTORNEYS AT LAW
1700 D STREET/PO Bex 5226 BELLINGHAM, WA 98227 PHONE: l:3601 647-1500 FAX: 1360) 647-' SO 1

"-

1

JUDGE PECHMAN

2

3

-IU:O

4

MAIL -lODGEo
-REeEI'Ii!l

5

AUG U8 2003

6

7

UNITED STATES DISTRICT COURT

8

FOR THE WESTERN DISTRICT OF WASHINGTON

9 EQUAL EMPLOYMENT OPPORTUNITY No.: CV03-0080P COMMISSION,
10

11

Plaintiff,

AFFIDAVIT OF SERVICE

12

v.

13 JERRY CHAMBERS CHEVROLET, INC.,

14

Defendant.

15

STATE OF WASHINGTON

)

16

) §

COUNTY OF WHATCOM

)

17

The undersigned, being first duly sworn on oath deposes and says: That she is now 18

19 and at all times herein mentioned was a citizen of the United States and resident of the

20 State of Washington over the age of eighteen years, not a party to or interested in the

21 above-entitled action and competent to be a witness therein.

22

That on August 7, 2003, I caused to be served, via First C1assIUS Mail, true and

23 correct copies of Plaintiff in Intervention Amy Seaman's Amended Complaint for

24 Damages and Unpaid Wages and the Initial Disclosures of Plaintiff in Intervention

25
AFFIDAVIT OF SERVICE - I
ORIGINAL

ZENDER THURSTON, P.S.
ATTORNEYS AT LAW , 7000 STREET/PO Box 5226
BELLINGHAM, WA 98227 PHONE: (SeC) 647-1500
F'AX: (36C1) 647-1 501

-

1 Amy Seaman to the parties listed below:

2 Attorneys for Defendant Jerry Attorneys for Plaintiff Equal Employment

Chambers Chevrolet, Inc.:

Opportunity Commission:

3 Law Offices of Dan' I W. Bridges Teri Healy, Trial Attorney

4

2135 - 112th Avenue NE #120 Bellevue, WA 98004-2912

U.S. Equal Employment Opportunity Commission Seattle District Office

5 Fax: (425) 818-4882

Federal Office Building 909 First Avenue, Suite 400

6

Seattle, WA 98104-1061

Fax: (206)220-6911

7

8

9

10

11

SUBSCRIBED AND SWORN to before me this 7'h day of August 2003 by Shelly

R. Johnson.

12

13

NO~heStateof

14

Washington, residing at Deming, WA.

My commission expires 05/04/2006. 15

16

17

18

19

20

21

22

23

24

25
AFFIDAVIT OF SERVICE - 2

ZENDER THURSTON, P.S. ATTORNEYS AT LAW
1700 0 STREET/PC Box 5226 BELLINGHAM, WA 9S227 PHONE: {3iSO) 647-1500 FAX: 1:360) 647-1501

 
 1

HONORABLE MARSHA J. PECHMAN

2

4

5

6

7

UNITED STATES DISTRICT COURT

8

FOR THE WESTERN DISTRICT OF WASIflNGTON

AT SEATTLE

9

to EQUAL EMPLOYMENT OPPORTUNITY)

COMMISSION,

)

II Plaintiff,

~

12

CIVIL ACTION NO. C03-0080P

13

v.

)l

JERRY CHAMBERS CHEVROLET, INC

14 Defendant.

l

15

)

AMY SEAMAN,
16
Plaintiff in Intervention.

l )

17

CONSENT DECREE AND [Proposed] ORDER

18
I. INTRODUCTION 19
1. This action originated with discrimination charges filed by Amy Seaman with the
20
Equal Employment Opportunity Commission and the Washington Human Rights Commil.sioll. 21
Ms. Seaman alleged that Jeny Chambers Chevrolet, Inc. discriminated against heT on the basis of 22
sex by subjecting her to sexual hamssment.!Uld retaliation for her complaints ofdiscrimination, in 23
violation of -703(a) ofTitle VII of the Civil Right, Act of 1964, as "!Dcoded in 1991,42 U.S.C. 24
- 2000e-2(0) and -704(.) ofTitl< VII of the Civil Right, Act of 1964, as amended in 1991, 42
25

26

27

111111111111111111_111_111111111111111111-

28 Consent Dec 11111111111111111111111111111111111

03·(:V-1lOI1HtI-ORD

u.s, I!qul Empkfmollt OpporlllMl;' c.mml.vlon SI'_ Dlfhtkl 0f1lQt
' " J'Int A....... _ fOIl
~W~'IIIll14-l'Mol
Tlkvho..; 1W4II1-1iUJ F.""..u.., (2M/2.2....n
TIJII; (J(Io6~ nHlI8

, ,,'.C.' ,~,"

~------------------"II

I U.S.c. - 20000-3(0).

2

2. Tbe EEOC investigated Ms. Seaman-s allegH:ms, The EEOC sent Jerry Chambers

3 Chevrolet, Inc. a Letk:r of Determination with find-ings of reasonable cause that Jerry Chambers

4 Chevrolet, Inc. had violated Title Vll.

5

3. The Commission filed this lawsuit on January 15, 2003 in the United States District

6 Court for the Western District of Washingtun on behalf of Ms. Seaman.. Jerry Chambers

7 Chevrolet,lnc. filed its Answer and Affinnative Defenses to the lawsuit on January 22,2003.

8

4. The EEOC, Amy Seaman and Jerry Chambers Chevrolet, Inc. want to conclude all

9 claims arising out of the above charges without expending further resources in contested

10 litigation.

11 IT. NON-ADMISSION OF LIABILITY AND NON-DETERMINATION BY TIlE COURT

12

5. This Consent Decree is not an admission of wrongdoing or an adjudication or finding

13 on the merits of the (':use.

14

III. SETTLEMENT SCOPE

15

vn 6. This Consent Decree is the fmal and complete resolutinn oral) Title allegations of

16 unlawful employment practice, contained in: (1) the charges filed by Ms. Seaman; (2) the

17 EEOC's administrative determination concerning Amy Seaman and Jerry Chambers Chevrolet,

18 Inc.; (3) the Complaint filed herein by the EEOC on behalf of Ms. Seaman; and (4) the

19 Complaint filed herein by Ms. Seaman, inc1uding all claims by the parties for aHorney fees and

20 costs.

21

IV. JURISDICTION AND VENUE

22

7. Jurisdiction is vested in this Court punmantto 23 U.S.c. -451, 1331, 1337~ 1343 and

23 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) of Title vn

24 of the Civil Rights Act ofl964, as amended, 42 U.S.C. 2000e-5(1)(1) and (3) ("Title VII").

25 and Section 102 of the Civil Rights Act ofI991. 42 U.S.C. -19810; and the Washington Law

26
27
28 Ci)I*$tJI,t Decree Plge -:z

II,~ t ...... K..pllly..... Q-,"wi':r {""......... 5••,"'I)",..Io,Offk.
_ 1 ' : 1 " " A . y . .".,~_"" ~'lo, WA 981D4·11161
1r1.p."" l~r..1i'~..(oIItJ f.rdml(." (!Ooij 220..\1)1
'rDIl'~)ll~

1 Against Discrimination, RCW 49.60.010 e.t se.q.

2

V. DEFINITION OF TERMS

3

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

4

8. "The Effective Date of the Consent De(;ree" is the date the United States District Court

5 for the Western Dis.trict of Washington at Seattle enters the Consent Decree and (Proposed)

6 Order ofDismissaL

7

9. Unless otherwi~ indicated, the "WOrd "days" refers to calendar days.

8

10. "Formal or Infonnal Complaints" includes any complaint of discrimination,

9 harassment or retahation, whether written or oral, made to a supervisory employee of Jcrry

10 Chambers Chevrolet, Inc.

II

VI. MONETARV RELIEF

12

11. In settlement of the EEOC and Amy Seaman's claims in this lawsuit, Jerry Chambers

13 Chevrolet, Inc. ha, agreed to pay Amy Seaman Seventy Thousand Dollars ($70,000).

14

VII. INJUNCTIVE RELIEF

15 A. Compliance with Title VII

16

12. Jerry Chambers Chevrolet, Inc. reaffirms its commitment to comply with Title VTJ,

17 To further this commitment, lhe company shall monitor the affinnative obligations of1his

18 Con§.ent Decree. The tenns of this Consent Decree apply to all applicants and employees.

19

13. Jerry Chambers Chevrolet, Jnc. will not retaliate against any applicant or employee

20 for opposing a practice deemed unlawful by Title VII or for making a charge, testi fying, assisting,

21 Or participating in any investigation, proceeding, or hearing associated with this action.

22

14. Jerry Chambers Chevrolet, Inc., its supervisors, and managers are hereby enjoined

23 from engaging in personnel practices which unlawfully discriminate against applicants and

24 employees in violation of Title VII. ill recognition of its obligations under Title Vll, Jerry

25 Chambors Chevrolet, Jnc. will institute the policies and practices set forth below,

26
27
28 ConseDt Decree tuge - 3

U.l.l!qul EmphyonoM ()pp.onuMl]i I':<In.......I•• SI~111! DlIlri<lOnx.
' " 1IIr• •vonuo, $00111; ~(H' S. . u.,WAfllN-I061
T",epoll~ i06-llH~Y'
r...lmIIo, .~U, n..~9j
TOO; (I06111HIII

1 B. Expunging Records

2

15. Defendant will not disclose any infonnation or make references to any charges of

3 discrimination or this lawsuit in responding to employment reference requests for infonnation

4 about Amy Seaman. In response to any inquiries regarding Amy Seaman, Jerry Chambers

S Chevrolet, Jnc. shall provide employment Tcferences that include only dates of employment aud

6 positions held.

7

16. Defendant will expunge from Amy Seaman-s personnel files, anJeferences to a

g charge of discrimination against Defendant and this lawsuit. Defendant will not add any

9 information or references to Amy Seaman-s personnel files or records rllgding her charge of

10 discrimination and this lawsuit after such references have been expunged_ Files containing

11 information about Amy Seaman that have been developed during the subject litigation will be

12 maintained at the offices of Defendant's counsel, Law Offices of Dan-l W. Bridges. Jeny

13 Chambers Chevrolet, Inc. will make Amy Seaman-s personnel file available for inspection by

14 counsel for Amy Seaman at the offices of Dan-I-W, Bridges,

15 C. Retention of Sexual Harassment Consultant to Develop Pollcy Againd Sexual

16 Harassment

17

17. With the assistance of an independent sexual harassment consultant, Jerry Chambers

18 Chevrolet, Inc. will implement the amended equal emplo)111ent opportunity policy as agreed

19 upon at mediation which !lets forth the requirements of federal laws against employment

20 discrimination and specifically those provisions which make sexllal harassment unlawful and

21 which make it unlawful to retaliate against any current or former employee for opposing any

22 practice made unlawful by Title VlI. (Attached hereto Exhibit A) The sexual harassment

23 consultant will be retained, at Jerry Chambers Chevrolet, Inc.'s expense. to conduct an internal.

24 review and audit of the company's sexual harassment policy and complaint. procedure. The

25 seJC:ual harassment consultant will be subject to the prior approval ofthe EEOC and the policy

26
27
28
Consent Decree Page ~ 4

om.. (;.8.~'" E.ploy..., 0ppo"'.IIrC-mll....
~_ DIoltrlot
_Pint A_g,. s.......
:;:""1111, WA PBID4·1~1
n,<pM"" ,o".n,,_
Fullimilo, (106) lllHtl
TUb. (.!1No) n...-

1 and complaint procedure to be developed will address, at a minimum~ the following statement of

2 "Zero~Tolerance Policy":

3

4

Jerry Chambers Chevroletj lne. is finnly committed to developing

and maintaining a zero-tolerance policy concerning sex

5

di!;criminatiOl1, sexual harassment and retaliation against

individuals who report discrimination or harassment in th~

6

companys workplace; to swiftly and firmly responding to any a(:ts

of sex discrimination sexual harassment or retaliation uf which the

j

7

company becomes aware; to implementing a disciplinary system

that is designed to strongly deter future acts of sex dtscrtmination,

8

sexual harassment or retaliation; to eradicating any vestiges of a

work environment that is sexually hostile to individuals; and to

9

actively monitoring its workplace in order to ensure tolerance,

respect and dignity for all people.

10

11

18. ]n order to effectuate the objectives embodied in Jerry Chambers Chevroletj InC:i!i

12 Zero-Tolerance Policy and this Decree, Jerry Chambers Chevrolet, Inc. shall maintain its existing

13 policies! procedures j and prdt..-tices in order to ensure that the following policies, procedures and 14 pra.ctices are in effect:

15

(a) Sex Discrimination and Harassment Policy. Jerry Chambers Chevrolet, Inc.

16

agrees that it shall revise its sex discrimination and harassment policy. as.

17

necessary, in order to:

18

(i) provide clear definitions and examples of prohibited sex

19

discrimination, sexual harassment, and retaliation;

20

(U) provide lor substantial a.nd progressive discipline for incidents of sex

21

discrimination, sexual harassment, and/or retaliation;

22

(iii) provide d18.t complaints of sex discriminationj sexual harassment

23

and/or retaliation will he accepted by Jerry Chambers Chevrolet, Inc. in

24

writing and orally;

25

(iv) provide a timetable for reporting a complaint, for commencing an

26

,r.,>- "'_, EIIIII'_.M Q~"ltyClm","_

27

~..m< biolrl.. UitI«

"

,

P_I r..,Aw" ". .' .

', SIIh.... 9RlfW·lMoI

28

T·"fPIoo_;lOli·2l0..-J
rHilIHIM: IZ~~1 JJ~1
rnb,~lo;jllG_

1

investigation after a cumplaint is made or received and for remedial action

2

to be taken upon conclusion of an investigation; and

3

(v) indicate that, promptly upon the conclusion arits investigation ofa

4

complaint, Jerry Chambers CheVTolet, Tnc, wiU communicate to the

5

complaining party the results ofthe investigation and the remedial actions

6

taken or proposed; if <lIly.

7

(b) Complaint Procedures.

8

(i) Jerry Chambers Chevrolet, ]oc, agrees that it shall institute a complaint

9

procedure to ensure that it is de!'iigned to eucourage employees to come

10

fon.vard with complaints about violations of its sex discrimination, sexual

11

harassment and retaliation pOliCy. As part of this policy, Jerry Chambers

12

Chevrolet, Inc. agrees that it shall provide its employees with convenient,

13

confidential and reliable mechanisms for reporting incidents of sex

14

discrimination. sexual harassment and retaliation. Jerry Chambers

15

Chevrolet, Inc. agrees that it shall designate at least two upper

16

munagement employees charged with investigating such issues, as persons

17

who may be contacted, and their names, responsibilitie~, work locations

18

and telephone numbers shall be routinely and continuously posted. Also

19

as part ofHs procedure, Jerry Chambers Chevrolet, Inc. agrees that it shall

20

keep a Complaint Box in a place within Jerry Chambers Chevrolet,Inc.

21

premises where employees tend to gather aud which is not in the

22

managerial area of Jerry Chambers Chevrolet, Tnc.ls offices. The upper

23

management employees designated by Jerry Chambers Chevrolet, Tnc. as

24

charged with investigating complaints of discrimination will gather the

25

complaints from the Complaint Box. Additionally as part of its complaint

26
27 28
Coment Detree P9.g~ - 6

1J.iJ. Equal Empl"~_ Opponunlcy Com_lotion sunil Dimirt O/lln
s - , _PlntA""nll", f:iwk;.t(I~ WA ,.114-1111
Ttlol]l_ ~~nt-iaJ
r.••h"U., /2~Im.r,,1 T"n, (~(16) ~~1).4M

1

procedure, Jerry Chambers Chevrolet, Inc. agrees that it shall maintain in

2

its workplace the presen~ of personnel charged with handling complaints

3

of sex discrimination, sexual harassment and retaliation.

4

(ii) Jerry Chambers Chewolet, Inc. agrees that it shall enable complaining

5

parties to be interviewed by Jerry Chambers Chevrolet. l.nc. about their

6

complaints in such a manner that permits the complaining party, at such

7

partis election, to remain inconspicuous to all ofthe employees in such

8

party!s work area. Jerry Chambers Chevrolet, Inc. agrees that its complaint

9

procedure shall not impose upon individuals seeking to make a complaint

10

alleging Sex discrimination, sexual harassment and/or retaliation any

11

requirements that are more burdensome than are imposed upon individuals

12

who make other complaints of comparable gravity.

13

(iii) Jerry Chambers Chevrole~ Jnc. agrees that it shall ensure that il<

14

policies and procedures provide that complaint handling and disciplinary

15

procedures regarding all complaints of sex discrimination, sexual

16

harnssment and/or retaliation are investigated and addressed promptly.

17

Specifically, Jerry Chambers Chevrolet, Inc. agrees that it shall make its

18

best effort to investigate all complaints of sex discrimination,

19

sexually-ba15ed harassment 8ud/orrctaliation promptly and to complete

20

investigations within three (2) weeks. Jerry Chambers Chevrolet, Inc. will

21

further make its best effort to prepare its written Hndings of the results of

22

each investigation and the rcmcdi.1.l actions proposed withiu seven (7) days

23

after completion of the investigation, and shall thereupon promptly

24

communicate to the complaining party the results of the investigation and

25

the remedial actions taken or proposed, if any.

26
27
28
C~Hnen' Deer-ee "age. 7

II"~" E~"l ElilpI6jomf.i Oppon:.alI;rC...mlnlDll

_

DI;I,111 0Iru.

HJflrMA_u" sun.,coo

8eotI111, Will ~~I(kI-11I\I1

T,lopb"" -'UD-6111:1
Fi_II., (lt6) no-ol

"fDII! (ZII» IIU'-

1

(iv) Jeny Chambenl Chevrolet. Ino. agrees that it ,hall make its be,t errort

2

to ensure that appropriate remedial action is taken to resolve ~mplaints

3

and to avoid the occurrence of further incidents of sex discrimination,

4

sexual harassment and/or retaliation. Jerry Chambers Chevrolet, Jnc.

5

further agrees that it shall provide for appropriate discipline including but

6

nut limited to, suspensions without pay, demotion or termination, as

7

possible consequences for violations of its sex harassment policy.

8

(c) Policies Designed To Promote Supervisor Accountability.

9

(i) Jerry Chambers Chevrolet, lnc. agrees that it sha1l impose discipline

10

designed to stop any unlawful behavior, up to and including suspension

11

without pay; demotion or termination upon any supervisor or manager who

12

engages in sexual harassment Or permits any such conduct to occur in his

13

or her work area or among employees under his or her supervh;,ion, or who

14

retaliates against any person who complains or participates in any

15

investigation or proceeding concerning any such conduct. Jerry Chambers

16

Chevrolet, lnc. shall communicate this policy to aU of its supervisors and

17

ma.nagers.

18

(ii) Jerry Chambers Chevrolet, Inc. agrees that it shall continue to advise

19

all managers and supervisors of their duty to actively monitor their work

20

areas to enSure employees' compliance with the companys sex

21

discrimina.tion and harassment policy, and to report any incidents andior

22

complaints of sexual hardssrnent and/or retaliation of which they become

23

aware to the department charged with handling such complaints.

24

(iii) Jeny Chambers Chevrolet, Jnc. agrees that, in evaluating the

25

performance and detennining compensation of managers and supervisors,

26 27 28
Consent Decree Page -,.

Il.~, EQIIII E.,luym••,Oppo"..I\fCooamI_ _119 nio"l~ om",
911'1 rln!A__.. Sui......
Surtlt. WA Ml04-1W;1
l·ll,p~,; ~JJo-tR.'
Fa.... I'": (206) 220.....1 TDDIIUi) llHIII

it will take into account how supervisors and managers handle equal

2

employment opportunity CjEEO'~ issues, and to link such evall..l3.tions to

3

any supervisor OT management base salary decisions.

4

(iv) Jerry Chambers C"'hevrolct, Inc. agrees that it shall include

5

"contrIiitrnent to equal employment opportunity" as a criterion for

6

qualifivatioll for supervisory or management positions.

7

(d) Sexual Harassment Training.

8

(i) Jeny Chambers Chevrolei:, Inc. agrees that it shall provide mandatory

9

annual sex discrimination and sexual harnssment training to all employees,

10

invludiug supervisors, managers and senior manag~; to provide

11

mandatory Sfdi discrimination and sexual harassment training to all new

12

employees during employee orienrntion; and to provide training to all

13

persons charged with the handling ofcomplaints of sex discrimination,

14

sexual harassment and/or retaliation in the workplace, including the

15

teChniques fOT investigating and stopping it. This training shall include

16

issues regarding sex discrimination as it may affect employees ofJerry

17

Chambers Chevrolei:, Inc. Jerry Chambers Chevrolet, Inc. undemtand.. and

18

agrees that this training. particularly that diTected towards senior

19

management ofticials, may require one-on-one training, counseling and/or

20

educational sessions_ Jerry Chambers Chevrolet, Inc. agrees to require

21

President, Jerry Chambers and General Manager, Chad Chambers, to

22

undergo one on one training with a trainer Or approved by the EEOC every

23

six months fOT the year after the entry date of this consent decree. These

24

training sessions must address is:,;m~s of discrimination, harassment,

25

retaliation, workplace sensitivity and appropriate managerial rolls thereof.

26
27
28
Consenl Decree Page -"

u.s. ~u.III:""""'.nt OJoporilloltJ t:.",..I..I~.
Soonl. Dlotrkl om""
~o~ flntA"'..... Sulll! ~oo ~.oIk-, WA '411"'1%1
fdopll••': lIf.ufl.6883 ,....I..IIt: (Hf) UH~l
'roD, 1'011) Ht-1i88

1

(ii) Jerry Chambers Chevrolet, Jnc. agrees that all training required by this

2

Decree shall be conducted by experienced sex discrimination and sexual

3

harassment educators and/or consultant... Jeny Chambers Chevrolet, Inc.

4

agrees that the training outlined in this Decree sha.1I begin with an initial

;

assessment conducted by the educators and/or consultants and may include

6

a broad assessment of Jerry Chambers Chevrolet, Inc.ls function as it

7

interplays with the training issues outlined above. Jerry Chambers

8

Chevrolet, fne. understands that this assessment may result in policy or

9

training recommendation!:! beyond those required by this Decree, and that

10

Jerry Chambers Chevrolet, Inc. shall bo responsible for all eosts associated

11

with any assessment or tr.rining growing out of this Decree.

12

(iii) Jerry Chambers Chevrolet,. Inc. agrees that it shall require a senior

I3

management official to introduce all sex discrimination and sexual

14

harassment training to communicate Jeny Chambers t."'hcvrolct, Inc.ls

15

commitment to its statement of Zero-Tolerance Policy.

16 D. Reporting

17

19. Six months following the eutry oftilis Decree and every six months

18 thereafter for the duration of the Decree, Jerry Chambers Chevrolet, Inc. will send the EEOC a 19 written report of individuals who complained of sexual harassment during the prior six~ 20 month period, along with an e~planation as to Defendantls response to any compliant.
21 Jerry Chambers Chevrolet~ Inc. also shall affinn steps takcn to comply with all other terms of the

22 Decree including affirmation that Chad Chambers and Michael Zatine arc undergoing counseling 23 as provided in r,,.graph 18 (d)(i).

24

20. Jerry Chambers CheVTo\et,lnc. shall submit a final report to EEOC 30 days before

25 the Consent DeL-Tee expires, inclUding a statement that it has complied with al1 the

26
27
28
Consent Decree Page - 10

u.s, Et!Ul.ll:mpIojIm•• tllpPO,l1Il1ty C"'M.UII/jl~~
SoanJ. DJllriI!I OM"., iOi Flnl .l_~, l!i"r~ 400
So.tU.. WA ,.1...10111
n/lt~M~" lH-no-688J , ...IInII.: ~lIM) UII-I;91
TOO~(~06)~

1 terms of this Consent Decrec.

2 E. Posting

3

21. Within two (2) weeks after entry ofthi, Decree, Jerry Chambers Chevrole~ Inc. shall

4 post a notice in the fonn of Exhibit B attached to this Decree in prominent and

5 conspicuous locations in OT near the employee lunchTOoll1 or other place within Jerry Chambers

6 Chevrolet, Inc. premises where employees tend to gather. The notice shall remain posted for the

7 duration of this Decree. ]n the event that the persons and/or departments to whom individuals

8 should make complaints alleging dis('-nmination or retaliation change during the term of the

9 Decree, such that the information contained on the notice is no longer accurate, Jerry Chambers

10 Chevrolet, Inc. shall inuncdiately prepare a new notice that conbins the correct infonnaiioll.

11 Jeny Chambers Chevrolet, Inc. shall thereupon promptly replace the old noticeN with the revised
12 notices. Jerry Chambers Chevrolet, Inc. shall maintain a copy of this Decree in its Personnel

13 Office for any employee who wishes to review it.

14

VlII. ENFORCEMENT

15

22. If the EEOC concludes that Jerry Chambers Chevrolet, Inc. has breached this

16 agreement, it may bring an action in the United States District Court for the Western

17 District of Washington at Seattle to entorce this Consent Decree. Before bringing an
18 action for breach of the Decree, the EEOC shall first give the company and its attorneys 10 daysl

19 written notice, with such period to commence on the date written notice is received. The EEOC

20 and the company shall use !ha.t to-day period for good faith efforts to resolve the matter.

21

IX. RETENTION OF JURISDICTION

22

23. The United States District Court for the Western District of Washington at

23 Seattle shall retainjurisdic-tion Over this matter for the dumtion of the Decree.

24

X. DURATION AND TERMINATION

25

24. This Decree shall be in effect for four (4) years, commencing vrith the

26

U.s. EqI.1 Employnom: Clppari.~l>Ijy Com....I••

27

S"WeDiHd<tOllloo
~ FIrrt ...'n ........'" 4UO

s..ltlo, WA !l8lltH%1

28

TeIep_'!"~
r"'lmi1o,(I~I~..n l

'tlm'll\I"I"U'-

date the Decree is filed_ If the EEOC petitions the Court fOT breach of agreement, and

2 the Court finds the company to be in violation of the teons of the Consent Decme, the

3 Court may extend this Consent Decree.

4

XI. CONCLUSION

5

25. The provisions ofthis Consent Decree arc not binding on the parties until

6 the authorized Tepresentativcs of each party sign and the court enters the consent

7 dt::cree in the court.

8

9

DATED thi, _ _ _ day of_ _ _ _ _ _ _ _~, 2004.

10

II A. LUIS LUCERO, JR. Regional Attorney
12 KATHRYN OLSON
J3 Supenrisory Trial Attorney

ERIC S. DREIBAND
Gcneml Counsel
JAMESD.LEE Deputy General Counsel

14 JOHN 5TANLEY Supervisory Trial Attorney
15
TERIHEALY
16 Trial A!tomoy

GWENDOLYN YOUNG REAMS Associate General Counsel

17

BY: sf Teri Healy

18

EQUAL EMPLOYMENT OPPORTUNITY 19 COMMISSION

Seattle District Officc

20 909 First. Avenue, Suite 400 Seattle, Washington 98104

O18f0fi1cenLonf tShtereGete,nNe.rWal.Counsel

21 Telephone (206) 220-6916

Washington, D.C. 20507

teri.healy@eeoc.gov

22

Attorneys for Plaintiff
23

24
II 25 II

26 27
28 COIl!enl Decree P:II.gt - 1.2

II_~ KIj'~1 ['Ij~j o""m.aIIJ Com_1o" ~.~ Ili>lrio1 om..
" ' flnl "'...BU., SuIrI! 400 .~..- . WA, ~1""1061
TtlopIIuo" %....m.6II.!
" ...1..110, (111it) U_I
roll; (106) :Ul-688

1 2 BY:_....!!'/.!D~a!!!n+w±:!Y...!BlIn!ldl·~ge"'s'-_ __

3 DAN-L W. BIDGES LAW OFFICES OF DAN-L W. BIDGES
4 2135· 112'" Avenue NE, #120 Bellevue, WA 98004·2912
5 Telephone (425) 818-4880

6

Attorneys for Defendant

7 8 BY::_ _ _ .!<'/.!D.!Je~bo!2!lfl1!J!.l,Glllar[Jre[!;tl!t _ __

9 DEBORRA GARRETT ZENDERTHURSTON, P.S.
10 Attorneys at Law 1700 D Street
II Bellingham, WA 98227 Telephone: (360) 647·1500
12

13

Attorneys for Plaintiff in IntelVcntion

14

15

16

17

18

19

20

21

22 23

24 25
26
27
28
Coostnt Dc:<:ree Pae:e - 13

V.S. Eqlll.ll!lllploym<.. 0Il1*'~.~1!y C..mhola
s..m. bl.trt't onll~
!ID9 ~If. A_u", ~ulte.coo
w.. SnttIo, ~1~4_1"1
TOt.ph..., lM-IID-UIJ
lI".III.'~)lltl-tlll
T)))), tlIUIlI!O-6/18:

1

ORDER

2

The Court, having considered the foregoing stipulated agreement of the parties, HEREBY

ORDERS THAT the foregoing Consent Decree be, 3nd the same hereby is! approved as the final

3 decree (If this Court in full settlement of this action. This lawsuit is hereby dismissed with

prejudice and without costs or a.ttorneys' fees to any party. The Court rctattlsjurisdiction of this

4 matter for purposes of enforc:ing the Consent Dec-rcc approved herein.

5

DATEDthis~dayof J(£?U Ac .

,2004.

6 7

,~

8

c Honor hIe Marsha 1. Pcchman

UNITED TATES DISTRICT JUDGE

9

to

11

12

13

14

15

16

17

18

19

20

21
22

23

24

25

26 27 28
CC.\'If;tnt De(.ree Page: - 1"

1:4 I;C~'-' £ m ' - - t apportuolty t:on'IIIIloIlliIn 3••10. D11lrl<t ()tftoo
tI)!I Fin. Aytnut, SUW.1OO 1l..!tIr, WAjltjt4-1fo1ol ToI.........'2~~ F. . .lmllr.(:301)m~1
1bb! \In&) lU--bQ

/
SEXUAL HARASSMENT AND DISCRmUNATJON
Thi~ dealership is committed to a discrimination-free working environment, including a working environment free of harassment based upon sex, race, national origin, r~ligion, age, marital status, or presence of a disability, Discrimination and humssmcnt based upon membership in one ofthe protected categories are illegal. As a result, the dealership has established a Zero ToJenmce Policy against sexual harassment and discnmjnatjon.
WHAT IS SEXUAL HARASSMENT?
Sexual Harassment includes uSing sexually explicit or degrading words to describe an individual; sexually-explicit jokes; comments "bont a person's body; questions about a person's sexual activities or a description of your sexual activities; exposing ofgenitals, buttocks or
female breas.t; leering, sexually-oriented gestures, staring at a person's breasts or crotch, touching another person's body unnecessarilYi displaying sexual pictures, writing$ or devicl;':s; and continul;':d requests for a date after a rejection. A good rule of thumb is:
If you wouldn't want someone in the work place acting or talking to your spouse, parent, or children the way you were about to, DON'T DO IT YOURSELF.
WHAT IS OTHER IMPERMISSIBLE HARASSMENT?
Other impermissible harassment includes words, gestures, stories, jokes or nicknames that are derogatory, demeaning or insulting about a person based upon his/her race, national origin, sex, disability. age, marital status, or religion. It includes Iteating someone less well in opportunities for work, promotion, shifts, overtime or other temls and conditionfi of employment because ofhifilhcr race, national origin, sex, age, religion, marital status or disability. Retaliution against a p~on for having made a compliment of discrimination or harassment is also illegal.
A peTson who participates in harassment or discrimination is personally Hable for that haras:smcnt or dis.;..-nminatioll.
ALL DEALERSHIP MANAGERS ARE RESPONSIBLE FOR ENFORCING THE DEALERSlIIP'S POLICY AGAINST SEXUAL HARASSMENT AND DISCRIMINATION.
VIOLATION OF THIS ZERO TOLERANCE POI,ICY WILL LEAD TO SERIOUS DISCIPLINE, UP TO AND INCLUDING IMMEDIATE TERMINATION.
HOW CAN I REPORT HARASSMENT OR DISCRIMINATION?
Report any incident of discriminution or sexual hanH.fimcnt to yOUT manager or any other dealership manager in \¥Tiling or orally. You arc welcome to report directly to the dealer. We can't stop inappropriate activities unless we know about them. All complaints will be

NOTICE TO EMPLOYEES
The U.S. Equal Employment Opportunity Commission and Jerry Chambers Chevrolet, Inc. have agreed to a Consent Decree that has been entered pursuant to an Order of the Court. This notice has been posted pursuant to the Order.
Federal law and the Consent Decree prohibit discrimination against any individual because of his or her seX, including sexual harassment.
Federal law also prohibits retaliation against any individual by an employer because the individual complains of discrimination, cooperates with any Jerry Chambers Chevrolet, Inc. or Government Investigation of a charge of discrimination, participates as a witnes~ or potential witness in any investigation or legal proceeding, or otherwise exercises his or her rights under the law.
Any employee who is found to have retaliated against any other employee because
such employee participa.ted In this lawsuit will be subject to substantial discipline up
to and including immediate discharge.
Should you have any complaints of discrimination, Including sexual harassment, you should contact Chad Chambers at 360.733.7997 X 332 or Barbara Griffin at 36D.733.7997 x322.
Employees also have the right to bring complaints of discrimination or harassment to the U.S. Equal Employment Opportunity Commission, Seattle District Office at 909 1,1 Avenue, Suite 400, Seattle, WA 98104-1061, 206.220.68831 1800.669.4000, orthe Washington Sta.te Human Rights Commission at 711 S. Capitol Way, Suite 402, Olympia. WA 98504·2490. 360.753.6770.
THIS NOTICE SHAL,L REMAIN PROMINENTLY POSTED IN THE BRE;AK ROOM AT JERRY CHAMBERS CHEVROLET ~ INC. UNTIL FEBRUARY 2008. THIS OFFICIAL NOTICE SHALL NOT BE AL TE;RED, DEFACED, COVE;RE;D OR OBSTRUCTED BY ANY OTHER MATERIAL.

 
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CLOSED, JURYDEMAND
U.S. District Court United States District Court for the Western District of Washington (Seattle)
CIVIL DOCKET FOR CASE #: 2:03-cv-00080-MJP

EEOC v. Jerry Chambers Chev Assigned to: Hon. Marsha J. Pechman Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 01/15/2003 Date Terminated: 03/08/2004 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 Jerry Chambers Chevrolet Inc
Intervenor Plaintiff Amy Seaman

represented by Dan'L W Bridges 11100 NE 8TH STREET STE 300 BELLEVUE, WA 98004-2912 425-818-4880 Email: dbridges@danbridges-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Deborra E Garrett ZENDER THURSTON PO BOX 5226 BELLINGHAM, WA 98227 360-647-1500 Fax: FAX 1-360-647-1501 Email: dgarrett@zenderthurston.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Karen Leigh Funston BELLINGHAM, WA 98227 360-647-1500 Fax: FAX 1-360-647-1501 Email: karen@burifunston.com TERMINATED: 02/09/2004

Date Filed 01/15/2003 01/22/2003 01/22/2003 02/06/2003 02/14/2003 02/21/2003
03/19/2003 03/19/2003 03/19/2003 03/19/2003 04/03/2003 04/07/2003 04/08/2003
04/15/2003

#

Docket Text

1 COMPLAINT and JURY DEMAND (Summons(es) issued) Receipt # fee waived (USA) (PM) (Entered: 01/21/2003)
2 ATTORNEY APPEARANCE for defendant Jerry Chambers Chev by Dan'L W Bridges (MD) (Entered: 01/23/2003)
3 ANSWER to complaint [1-1] by defendant Jerry Chambers Chev (MD) (Entered: 01/23/2003)
4 RETURN OF SERVICE of summons and complaint executed upon defendant Jerry Chambers Chev on 1/28/03 (MD) (Entered: 02/07/2003)
5 RETURN OF SERVICE of summons and complaint executed upon defendant Jerry Chambers Chev on 1/20/03 (MD) (Entered: 02/18/2003)
6 ORDER RE: INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. Joint Status Report due 4/3/03 (cc: counsel, Judge) (MD) (Entered: 02/21/2003)
7 AMENDED COMPLAINT [1-1] by plaintiff EEOC (MD) (Entered: 03/20/2003)
8 MOTION and memorandum in support of by Amy Seaman to intervene as pltf NOTED FOR 4/4/03 (MD) (Entered: 03/20/2003)
9 DECLARATION of Karen Leigh Funston re motion to intervene as pltf [8-1] (MD) (Entered: 03/20/2003)
LODGED ORDER: re: motion to intervene as pltf [8-1] (MD) (Entered: 03/20/2003)
10 STATUS MEMORANDUM/REPORT AND DISCOVERY PLAN by plaintiff (MD) (Entered: 04/04/2003)
11 RESPONSE AND JOINDER by defendant re: pltf's status memorandum [10-1] (MD) (Entered: 04/07/2003)
12 ORDER by Judge Marsha J. Pechman GRANTING motion to intervene as pltf [8-1] intervenor-plaintiff Amy Seaman (cc: counsel, Judge) (MD) (Entered: 04/09/2003)
13 ORDER SETTING TRIAL and RELATED DATES by Judge Pechman: Jury trial set for 3/8/04 ; Deadline to Join Additional Parties is 5/13/03 Disclosure of expert testimony due: 9/10/03 ; Motion filing ddl 10/10/03 ; Discovery deadline set for 11/10/03 ; Dispositive Motions to be filed by 12/9/03 ; Settlement conf.

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07/15/2003 08/08/2003 09/25/2003 10/01/2003 11/06/2003 01/15/2004 02/05/2004 02/06/2004 02/10/2004
02/11/2004
02/11/2004 02/14/2004 02/20/2004
02/23/2004
03/08/2004

per CR 39.1(c)(2) by 1/8/04 ; 39.1 designation effective 2/6/04 ; Motions in Limine deadline 2/9/04 ; Agreed Pretrial Order set for 2/25/04 ; Pretrial Conference set for 1:30 2/27/04 ; Trial brief and exhibits to be submitted by 3/3/04 ; Proposed Voir dire/jury instructions 3/3/04 ; (cc: counsel, Judge) Length of trial: 8 days (MD) (Entered: 04/15/2003)
14 ANSWER to pltf's personal intervention Complaint by Defendant Jerry Chambers Chevrolet Inc.(MD, ) (Entered: 07/22/2003)
15 AMENDED COMPLAINT against defendant Jerry Chambers Chevrolet Inc , filed by intervention Amy Seaman.(MD, ) (Entered: 08/14/2003)
16 AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA of Michael Zatine served on 9/24/03. (MD, ) (Entered: 09/30/2003)
17 AFFIDAVIT OF SERVICE RE: FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION. (MD, ) (Entered: 10/06/2003)
18 ORDER regarding use of CM/ECF system, by Judge Marsha J. Pechman. (Goldberg, Rachel) (Entered: 11/06/2003)
19 Letter from Plaintiff Amy Seaman's attorney re defendants' motion to extend the Court's deadline for mediation. (AF, ) (Entered: 01/27/2004)
20 STIPULATION of parties modifying pretrial deadlines. (Healy, Teri) (Entered: 02/05/2004)
21 NOTICE by Intervenor Plaintiff Amy Seaman Substitution of Counsel (Garrett, Deborra) (Entered: 02/06/2004)
22 STIPULATION AND ORDER re 20 Stipulation TO EXTEND DATES- Motions in Limine due by 2/19/2004; 39.1 Settlement Report due by 2/12/2004. by Judge Marsha J. Pechman. (MD, ) (Entered: 02/11/2004)
NOTICE of Hearing:Because of the court's unavailability on 2/27/04, the pretrial conference is rescheduled to 2/24/04 at 1:30 p.m. before Hon. Marsha J. Pechman. (ES) (Entered: 02/11/2004)
NOTICE - The pretrial order lodging date is rescheduled to February 23, 2004. (ES) (Entered: 02/11/2004)
23 NOTICE that on February 12, 2004, the parties participated in a mediation. This matter is now resolved. (Temp1, ) (Entered: 02/18/2004)
24 STIPULATION of parties Consent Decree and Proposed Order. (Attachments: # 1 Exhibit A - EEO Policy# 2 Exhibit B - Notice to Employees)(Healy, Teri) (Entered: 02/20/2004)
25 STIPULATION of parties Consent Decree - with Stipulated order previously excluded. (Attachments: # 1 Exhibit A - EEO Policy# 2 Exhibit B - Notice to Employees)(Healy, Teri) (Entered: 02/23/2004)
26 CONSENT DECREE by Judge Marsha J. Pechman. (MD, ) (Entered: 03/08/2004)

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