Case 3:04-cv-05646-FDB Document 1-1 Filed 09/30/2004 Page 1 of 5
A. LUIS LUCERO, JR., REGIONAL ATTORNEY KATHRYN OLSON, SUPERVISORY TRIAL ATTORNEY TERI HEALY, TRIAL ATTORNEY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400 SEATTLE, WA 98104 TEL: (206) 220-6916

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. GORDON TRUCKING, INC.
Defendant.

) ) CIVIL ACTION NO. ) ) COMPLAINT ) ) JURY TRIAL DEMAND ) ) ) ) )

NATURE OF THE ACTION

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

Rights Act of 1991 to correct unlawful employment practices and to provide appropriate relief to

Lisa Cox and a group of similarly situated females who were adversely affected by such

practices. The Equal Employment Opportunity Commission (the "Commission") alleges that

Defendant, Gordon Trucking, Inc. (“Gordon Trucking”), violated Title VII by subjecting Ms.

Cox and other similarly situated applicants and employees to different terms and conditions of

employment with regard to hiring and training opportunities based on their sex, female. Plaintiff

COMPLAINT - Page 1

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

Case 3:04-cv-05646-FDB Document 1-1 Filed 09/30/2004 Page 2 of 5

injunctive and monetary relief, including pecuniary and nonpecuniary compensatory damages,

and punitive damages.

JURISDICTION AND VENUE

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

1343 and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) of

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

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

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

jurisdiction of the United States District Court for the Western District of Washington.

PARTIES

3. Plaintiff, the Equal Employment Opportunity Commission, is the agency of the

United States of America charged with the administration, interpretation and enforcement of

Title VII, and is expressly authorized to bring this action by Section 706(f)(1) of Title VII, 42

U.S.C. §2000e-5(f)(1).

4. At all relevant times, Defendant Gordon Trucking has continuously been a

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

employees.

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

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

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

STATEMENT OF CLAIMS

6. More than thirty days prior to the institution of this lawsuit, Lisa Cox filed a

charge of discrimination with the Equal Employment Opportunity Commission alleging

COMPLAINT - Page 2

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

Case 3:04-cv-05646-FDB Document 1-1 Filed 09/30/2004 Page 3 of 5

violations of Title VII by Gordon Trucking. All conditions precedent to the institution of this

lawsuit have been fulfilled.

7. From at least February 2003, Defendant engaged in unlawful employment

practices through its Washington facilities in violation of §§ 703(a) and 704(a) of Title VII, 42

U.S.C. §§ 2000e-2(a) and 3(a). Defendant affected the terms and conditions of Ms. Cox’s

employment by subjecting her and other similarly situated applicants and employees to different

terms and conditions of employment with regard to hiring and training opportunities based on

their sex, female.

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

Lisa Cox and similarly situated female applicants and employees of equal employment

opportunities and otherwise adversely affect their status as applicants and employees of Gordon

Trucking because of their sex.

9. The unlawful employment practices complained of in paragraph 7 above were

intentional.

10. The unlawful employment practices complained of in paragraph 7 above were

done with malice or with reckless indifference to the federally protected rights of Lisa Cox and

similarly situated applicants and employees.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

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

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

employment practice which discriminates on the basis of sex.

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

COMPLAINT - Page 3

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

Case 3:04-cv-05646-FDB Document 1-1 Filed 09/30/2004 Page 4 of 5

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

past and present unlawful employment practices.

C. Order Defendant to make whole Lisa Cox and similarly situated applicants and

employees by providing appropriate back pay with prejudgment interest, in amounts to be

determined at trial, and other affirmative relief necessary to eradicate the effects of Defendant’s

unlawful employment practices.

D. Order Defendant to make whole Lisa Cox and similarly situated applicants and

employees by providing compensation for past and future pecuniary losses resulting from the

unlawful employment practices described in paragraph 7 above, including past and future out-of-

pocket expenses, in amounts to be determined at trial.

E. Order Defendant to make whole Lisa Cox and similarly situated applicants and

employees by providing compensation for past and future nonpecuniary losses resulting from the

unlawful practices complained of in paragraph 7 above, including without limitation emotional

pain, suffering, and loss of enjoyment of life, in amounts to be determined at trial.

F. Order Defendant to pay Lisa Cox and similarly situated applicants and employees

punitive damages for its malicious and reckless conduct described in paragraph 7 above, in

amounts to be determined at trial.

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

interest.

H. Award the Commission its costs of this action.

//

//

// COMPLAINT - Page 4

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

Case 3:04-cv-05646-FDB Document 1-1 Filed 09/30/2004 Page 5 of 5

JURY TRIAL DEMAND

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

DATED this 30th day of September, 2004.

A. LUIS LUCERO, JR. Regional Attorney

GWENDOLYN YOUNG REAMS Associate General Counsel

KATHRYN OLSON Supervisory Trial Attorney

TERI HEALY Trial Attorney

BY: /S/ A. Luis Lucero EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

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

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

Attorneys for Plaintiff

COMPLAINT - Page 5

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

 
 Case 3:04-cv-05646-FDB Document 3-1 Filed 10/04/2004 Page 1 of 19

1

2

3

4

5

6

UNITED STATES DISTRICT COURT

7

FOR THE WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

8

9 EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

10

)

Plaintiff,

)

11

)

v.

)

12

)

GORDON TRUCKING, INC.

)

13

)

Defendant.

)

14

)

CIVIL ACTION NO.
CONSENT DECREE AND [Proposed] ORDER

15

16

I. INTRODUCTION

17

1. This action originated with a discrimination charge filed by Lisa Cox, with the U.S.

18 Equal Employment Opportunity Commission, Seattle District Office (“EEOC”). Ms. Cox alleged

19 that Gordon Trucking, Inc. (Gordon Trucking) violated Title VII of the Civil Rights Act of 1964,

20 as amended, 42 U.S.C., Section 2000e, et seq., (hereinafter “Title VII”).

21

2. The EEOC investigated the Ms. Cox’s allegations. The EEOC sent Gordon Trucking

22 a Letter of Determination with findings of reasonable cause Gordon Trucking violated Title VII of

23 the Civil Rights Act of 1964, as amended, 42 U.S.C., Section 2000e, et seq., (hereinafter “Title

24 VII”) by subjecting Ms. Cox and similarly situated female applicants and employees to different

25 terms and conditions of employment. Specifically, Gordon Trucking’s policy of not allowing

26 27 28 Consent Decree Page - 1

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061
Telephone: 206-220-6883 Facsimile: (206) 220-691
TDD: (206) 220-688

Case 3:04-cv-05646-FDB Document 3-1 Filed 10/04/2004 Page 2 of 19

1 female employees to receive over-the-road truck driving training from male trainers delayed

2 training and employment opportunities for women because of the shortage of available female

3 trainers and thereby discriminated against females because of their sex.

4

3. The Commission filed this lawsuit on September 30, 2004, in the United States District

5 Court for the Western District of Washington with a simultaneous agreement that the parties want

6 to conclude all claims arising out of the above charges without expending further resources in

7 contested litigation by filing this Consent Decree.

8 II. NON-ADMISSION OF LIABILITY AND NON-DETERMINATION BY THE COURT

9

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

10 on the merits of the case.

11

III. JURISDICTION AND VENUE

12

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

13 1343 and 1345. This action is authorized pursuant to Sections 706(f)(1) and (3) of Title VII of

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

15 102 of the Civil Rights Act of 1991, 42 U.S.C. Section 1981a. The employment practices alleged

16 to be unlawful in the complaint filed herein occurred within the jurisdiction of the United States

17 District Court for the District of Washington.

18

IV. GENERAL PROVISIONS

19

6. This Consent Decree covers all facilities operated by Gordon Trucking nationwide.

20 Gordon Trucking’s corporate office and base of operations is located at151 Stewart Road S.W.,

21 Pacific, WA 98047.

22

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

23 Trucking’s obligation to fully comply with Title VII of the 1964 Civil Rights Act, as amended, the

24 Equal Pay Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act,

25 or the regulations promulgated pursuant thereto.

26 27 28 Consent Decree Page - 2

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061
Telephone: 206-220-6883 Facsimile: (206) 220-691
TDD: (206) 220-688

Case 3:04-cv-05646-FDB Document 3-1 Filed 10/04/2004 Page 3 of 19

1

8. Gordon Trucking agrees that there will be no retaliation of any kind against any person

2 because of such person having provided information or assistance or having filed a charge, having

3 participated in any manner in any proceeding or investigation related to this litigation or under this

4 Consent Decree, or having received relief pursuant to this Agreement.

5

10. It is expressly agreed that if EEOC concludes that Gordon Trucking has failed to

6 comply with this Consent Decree, the Commission may bring an action in the U.S. District Court

7 for the Western District of Washington to enforce this Consent Decree after compliance with the

8 terms in Section XV, Dispute Resolution Procedures.

9

11. If one or more provisions of this Consent Decree are rendered unlawful or

10 unenforceable by an Act of Congress or decision of the United States Supreme Court, the parties

11 shall attempt to agree upon what amendments to the Consent Decree, if any, are appropriate to

12 effectuate the purposes of the Consent Decree. In any event, the remaining provisions will remain

13 in full force and effect.

14

12. This Consent Decree constitutes the complete understanding between Gordon

15 Trucking and the Commission with respect to matters herein. No waiver, modification or

16 amendment to any provisions of this Consent Decree will be effective unless it is agreed to in

17 accordance with provisions of Section XIII, Consent Decree Amendment Procedures.

18

13. This Consent Decree is the product of negotiation. Concepts developed and

19 definitions used are solely for the purpose of implementing and interpreting this Consent Decree.

20

V. DEFINITION OF TERMS

21

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

22

14. “The Effective Date of This Consent Decree” is the date the Consent Decree is

23 approved by the U.S. District Court for the Western District of Washington.

24

15. Unless otherwise indicated, the word “days” refers to calendar days.

25

16. “Claimants” or the “Claimant Group” includes women who, beginning February 12,

26 27 28 Consent Decree Page - 3

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061
Telephone: 206-220-6883 Facsimile: (206) 220-691
TDD: (206) 220-688

Case 3:04-cv-05646-FDB Document 3-1 Filed 10/04/2004 Page 4 of 19

1 2003 through the Effective Date of this Consent Decree, filed written applications as students for

2 employment as truck drivers with Gordon Trucking who were discouraged from continuing with

3 the application process because of the sex-same training policy at issue (and were not otherwise

4 disqualified) or completed the application process and were offered employment.

5

17. The “Settlement Fund” refers to the monetary fund delineated in Paragraphs 19 and

6 20 below, set aside by Gordon Trucking for resolution of monetary claims by Lisa Cox, and the

7 Claimant Group, and to cover the costs of administration of the fund, along with other programs

8 noted in Paragraph 19(a) . The Settlement Fund shall not be used to satisfy any claims for

9 attorney fees or costs, including those that may be made by any Claimant, other than as provided

10 in Paragraph 19(a). The Settlement Fund shall be distributed as provided below.

11

18. The “Individual Recovery Amount” is the total monetary amount that will be paid to

12 each Claimant.

13

19. The “Original Training Policy” is Gordon Trucking’s policy, in effect beginning in

14 1996, of assigning new drivers to training based upon their sex.

15

20. The “Amended Training Policy” is Gordon Trucking’s modification of its trainer

16 assignment policy, in which Gordon Trucking adopts gender neutral training, but permits trainers

17 and trainees to elect same sex training upon a showing of good cause. (see Exhibit 2).

18

21. The term “Consent Decree Covered Issues” includes any and all liability claims that

19 the Original Training Policy violated Title VII of the 1964 Civil Rights Act, as amended.

20

22. Unless otherwise indicated, the word “days” refers to calendar days.

21

23. An “applicant” is any female seeking employment through written application at

22 Gordon Trucking as a driver.

23

24. A “trainee” is a Gordon Trucking employee prepared to undergo the over-the-road

24 training required of all new truck drivers.

25

25. A ‘trainer” or “finisher” is a driver who has been designated by Gordon Trucking to

26 27 28 Consent Decree Page - 4

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061
Telephone: 206-220-6883 Facsimile: (206) 220-691
TDD: (206) 220-688

Case 3:04-cv-05646-FDB Document 3-1 Filed 10/04/2004 Page 5 of 19

1 train and monitor the progress of trainees.

2

26. “Formal or Informal Complaints” includes any complaint, whether written or oral,

3 brought to the attention of a managerial employee of Gordon Trucking.

4

VI. PURPOSE OF THE AGREEMENT

5

27. The parties have entered into this Consent Decree in order to achieve the following

6 purposes:

7

a. To assure the implementation of a policy which prohibits the Company from

8 preferring same-sex assignments of drivers during training.

9

b. To assure that females are selected for and provided driver employment and

10 training opportunities on an equal basis as males.

11

c. To assure that Gordon Trucking implements a policy and enforcement program

12 to effectively prevent sexual harassment and to address and correct situations in which sexual

13 harassment is alleged.

14

d. To avoid the time, expense and uncertainty of further litigation.

15

VII. MONETARY RELIEF AND COMPENSATION FUND

16

28. Gordon Trucking agrees to provide for a Settlement Fund in the amount of

17 Two Hundred and thirty-five thousand dollars ($235,000.00).

18

a. Eighty-five thousand dollars ($85,000.00) will be used for costs associated with

19

compliance with the terms of the Consent Decree, including compliance, training,

20

recruitment, advertising, and administration of the settlement fund. This sum shall

21

be referred to generally as the “Compliance Fund. To the extent that, after the

22

Effective Date of this Consent Decree, Gordon Trucking incurs attorneys fees as

23

part of its compliance obligations under this paragraph, no part of the Compliance

24

Fund shall be used to pay such fees;

25

b. Twenty-five thousand dollars ($25,000) will be provided as damages to

26 27 28 Consent Decree Page - 5

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061
Telephone: 206-220-6883 Facsimile: (206) 220-691
TDD: (206) 220-688

Case 3:04-cv-05646-FDB Document 3-1 Filed 10/04/2004 Page 6 of 19

1

Charging Party, Lisa Cox, in exchange for her agreement to settle her claim with

2

Gordon Trucking;

3

c. The remaining One hundred and twenty-five thousand dollars ($125,000) of the

4

Settlement Fund is intended to resolve all damage claims on behalf of the members

5

of the Class, to be shared on a pro rata basis by members of the Claimant Group

6

following the procedures outlined in the Notice Procedure, Section VIII. An

7

estimate of the Individual Recovery Amount for each Claimant will be provided

8

under the Notice Procedure. A final Individual Recovery Amount will be

9

computed once all Claim Forms and Releases are returned pursuant to the Notice

10

Procedure.

11

VIII. NOTICE PROCEDURE

12

29. Within thirty (30) days of entry of this Consent Decree, Gordon Trucking will

13 identify a Settlement Fund Administrator responsible for providing notice to Claimants of this

14 settlement and disbursing the Settlement Fund.

15

30. Within thirty (30) days of the effective date of this Consent Decree, Gordon Trucking

16 will issue a check payable to Lisa Cox in the amount of $25,000. To the extent any amount of

17 this is deemed subject to statutorily required withholding, Gordon Trucking will make such

18 withholding. The check, along with a IRS Form 1099, will be sent to Ms. Cox by certified mail,

19 return receipt requested, in care of Teri Healy, Trial Attorney, EEOC, Seattle District Office, 909

20 1st Ave., Suite 400, Seattle, WA 98104-1061.

21

31. Within sixty (60) days of the entry of this Consent Decree, Gordon Trucking will mail

22 the following documents via first class mail to the last known address for each of the individuals

23 listed in Exhibit 1:

24

a. The Notice of Settlement and Summary of Claim Procedure, attached as

25

Exhibit 3.

26 27 28 Consent Decree Page - 6

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061
Telephone: 206-220-6883 Facsimile: (206) 220-691
TDD: (206) 220-688

Case 3:04-cv-05646-FDB Document 3-1 Filed 10/04/2004 Page 7 of 19

1

b. The Claim Form, attached as Exhibit 4.

2

c. The Release, attached as Exhibit 5.

3

d. A return envelope with postage prepaid.

4 To be entitled to payments from the Settlement Fund outlined above, members of the Claimant

5 Group must return the Release and Claim Form to Gordon Trucking within one-hundred twenty

6 (120) days of the date of this mailing, unless a further mailing to that individual is made as

7 provided in paragraph 24 below. Claim forms received by Gordon Trucking more than 120 days

8 from the date of mailing shall be deemed timely if postmarked within the 120-day period.

9

32. Within forty (40) days of the mailing described in paragraph 31 above, Gordon

10 Trucking shall request a standard trace by the U.S. Post Office for any claimant whose mailing

11 was returned as undeliverable. If a new address is identified by this process, Gordon Trucking

12 shall repeat the mailing described in paragraph 31 using the claimant’s new address. To be

13 entitled to payments from the Settlement Fund the claimant must return the Release and Claim

14 Form to Gordon Trucking within one-hundred-twenty (120) days of the date of this second

15 mailing. Claim forms received by Gordon Trucking more than 120 days from the date of mailing

16 shall be deemed timely if postmarked within the 120-day period.

17

33. Within one-hundred-twenty (120) days of the mailing described in Paragraph 31

18 above, Gordon Trucking shall provide the EEOC with a list of claimants who timely returned the

19 Release and Claim Form along with copies of those forms.

20

34. Within twenty (20) days of the mailing to the EEOC of the documents described in

21 Paragraph 33, the EEOC shall advise Gordon Trucking of any dispute over which individuals

22 from the Claimant Group will participate in the distribution of the Settlement Fund.

23

IX. MAILING OF CLAIMANT CHECKS

24

35. Claimant checks shall be mailed by Gordon Trucking within thirty (30) days following

25 the mailing of the final list of claimants described in Paragraph 33 above or, in the event of a

26 27 28 Consent Decree Page - 7

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061
Telephone: 206-220-6883 Facsimile: (206) 220-691
TDD: (206) 220-688

Case 3:04-cv-05646-FDB Document 3-1 Filed 10/04/2004 Page 8 of 19

1 dispute under Paragraph 34, within fourteen (14) days following resolution of that dispute.

2

3

36. Each claimant determined to be entitled to payment shall receive a check in the gross

4 amount of a minimum of Eight hundred twenty -seven and eighty-one cents ($827.81), less any

5 statutorily required withholding. To the extent any amount of an individual claimant’s recovery is

6 deemed not to be subject to statutorily required withholding, claimant will be issued a second

7 check and 1099 form in the amount not subject to withholding. Should Gordon Trucking

8 determine that a different tax treatment is required, the parties will file an amended Consent

9 Decree specifying such treatment. Checks shall be mailed by certified mail, return receipt

10 requested, to the address provided by the Claimant on the Release and Claim Form.

11

a. Within five (5) days of mailing the checks, Gordon Trucking will verify

12 distribution of monetary relief by mailing to the EEOC a list of the Claimants to whom the checks

13 were mailed with copies of the checks attached.

14

b. If any check is returned as undeliverable or unclaimed, Gordon Trucking will

15 notify the EEOC within ten (10) days. Gordon Trucking will hold all such checks for a period of

16 thirty (30) days during which time they may be claimed by the Claimants to whom they are

17 payable.

18

c. Any funds unclaimed or undistributed within 60 days after mailing of the checks

19 shall revert back to Gordon Trucking and shall be added to the Compliance Fund.

20 It is recognized and understood that the individuals receiving payments under the Consent Decree

21 bear the ultimate responsibility for the tax consequences of payments received.

22

X. GENDER NEUTRAL TRAINING ASSIGNMENTS

23

37. Within ninety (90) days of the Effective Date of this Consent Decree, the Company

24 will implement a new Driver Assignment policy (“Amended Policy”) which states that (1) Gordon

25 Trucking will make gender neutral training assignments; (2) Gordon Trucking will not solicit

26 27 28 Consent Decree Page - 8

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061
Telephone: 206-220-6883 Facsimile: (206) 220-691
TDD: (206) 220-688

Case 3:04-cv-05646-FDB Document 3-1 Filed 10/04/2004 Page 9 of 19

1 requests from applicants or employees not to train, or be trained with a person of the opposite

2 sex; (3) trainers and trainees who object to pairing with a member of the opposite sex must

3 provide a legitimate reason to Gordon Trucking’s Director of Driver Services (currently Bruce

4 Binder) of his/her objection(s) to mixed-sex pairing; and, (4) both mixed-sex and single-sex driver

5 teams may be formed by employees. A copy of this policy is set forth as Exhibit 2. For the

6 purposes of this policy, a “legitimate reason” to object to training with a member of the opposite

7 sex must relate to religious beliefs or concerns for personal privacy. Objections to mixed-sex

8 pairings for training shall be submitted on an Objection Form. Finishers are expected to file

9 objections, if any, prior to receiving their initial training assignment. The ultimate decision as to

10 the legitimacy of any objection to training with a member of the opposite sex will be made by

11 Gordon Trucking’s Director of Driver Services. A good faith effort will be made to determine

12 that any “legitimate reason” offered to object to training with a member of the opposite sex is not

13 a subterfuge for sex discrimination.

14

38. Within ninety (90) days of the Effective Date of this Consent Decree, Gordon

15 Trucking will implement a revised non-discrimination policy based on sex, which includes strict

16 prohibitions against sex discrimination including sexual harassment. The revised non-

17 discrimination policy and description of the internal process for complaints will be developed.

18 This policy may be contained within a general policy prohibiting protected class harassment.

19

39. Within ninety (90) days of the Effective Date of this Consent Decree, all current

20 trainers will be required to sign the Trainer/Trainee Acknowledgment Form, attached as Exhibit 7,

21 indicating that he/she has received and understands Gordon Trucking’s Driver Assignment and

22 Non-Discrimination policies described above.

23

40. Trainees hired after the amended policy takes effect will be required to sign the

24 Trainer/Trainee Acknowledgment Form during the new driver orientation process.

25

41. If it is apparent that any female trainee will be required to wait for more than seven

26 27 28 Consent Decree Page - 9

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061
Telephone: 206-220-6883 Facsimile: (206) 220-691
TDD: (206) 220-688

Case 3:04-cv-05646-FDB Document 3-1 Filed 10/04/2004 Page 10 of 19

1 (7) days for a trainer assignment because male trainers are unavailable to train females due to the

2 male trainers’ objections to training the opposite sex, Gordon Trucking shall offer alternative

3 employment to female trainees until such time as training becomes available. Such alternative

4 employment shall be at the same rate of pay that would be paid to trainees during the training

5 period. Gordon Trucking will collect and share information and data regarding female student

6 drivers’ seven (7) day wait period, if any, with the EEOC.

7

42. Gordon Trucking will be permitted to use the Amended Training Policy for a period

8 of not less than one year, during which time it will collect and share with the EEOC data

9 concerning the impact of the Amended Policy on the training opportunities of female drivers, as

10 set forth in Section X. During this one year assessment period, in addition to considering the

11 utility of the Amended Policy, Gordon Trucking will gather information and consider the use of

12 other training options, including but not limited to alternate sleeping arrangements such as the use

13 of motels while trainers/trainees are away from home terminals for an extended period of time.

14

XI. TRAINING AND AWARENESS PROGRAM

15

43. To further the purposes and requirements of this Consent Decree, Gordon Trucking

16 will provide training to all management, supervisory employees, and to employees who are or

17 become truck drivers including: (1) trainers; (2) trainees; (3) responsible for recruiting and

18 selecting trainers or trainees; (4) responsible for driver assignments; and (5) responsible for

19 supervising trainees, trainers or other drivers.

20

44. The objectives of this training will be to convey to employees Gordon Trucking’s

21 commitment to the personnel policies established by this Consent Decree and to provide

22 information and guidance on how to carry out those policies, and for individual employees, how

23 to conduct themselves in various situations under those policies. Each training session will begin

24 with a videotaped presentation by a high ranking official within Gordon Trucking emphasizing

25 Gordon Trucking’s commitment to implement the provisions of the Consent Decree and to

26 27 28 Consent Decree Page - 10

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061
Telephone: 206-220-6883 Facsimile: (206) 220-691
TDD: (206) 220-688

Case 3:04-cv-05646-FDB Document 3-1 Filed 10/04/2004 Page 11 of 19

1 conduct hiring, assignment and training practices in a non-discriminatory manner.

2

45. Gordon Trucking will provide to the Commission, within ninety (90) days of the

3 Effective Date of this Consent Decree, a detailed outline of the training to be given. Within thirty

4 (30) days of receipt of the outline, the Commission may provide any comments to Gordon

5 Trucking with respect to the substance of the training as outlined, which Gordon Trucking will

6 consider. Gordon Trucking will provide to the Commission a copy of the materials to be used in

7 the training. Gordon Trucking will likewise provide the Commission with any revisions to such

8 materials prior to implementing the revisions. Gordon Trucking will provide information

9 concerning the scheduled training locations, dates, and times to the Commission.

10

46. Training will be included in the orientation program for trainees and in the

11 certification program for new trainers. All persons certified as trainers as of the Effective Date of

12 this Consent Decree will be trained within three (3) months of the expiration of the 30 day EEOC

13 comment period or when the EEOC comments are resolved or incorporated into Gordon

14 Trucking’s Training program, whichever is later.

15

47. Training for the other Gordon Trucking employees identified in Paragraph 43 above

16 will be conducted within twelve (12) months of the Effective Date of the Consent Decree.

17 Further, Gordon Trucking will periodically provide EEO materials and information concerning its

18 sexual harassment policy in its employee newsletters or through other written memoranda and

19 training communicated to all employees.

20

XII. ADMINISTRATION OF THE AGREEMENT

21

48. The Company will be fully responsible for implementing this Consent Decree. The

22 Director of Organizational Development (currently, Pat Gendreau) shall have ultimate

23 responsibility for implementation of the objectives under this Consent Decree.

24

49. To assist the Consent Decree Administrator in assuring compliance with the Consent

25 Decree, Gordon Trucking will make available necessary resources on equal employment law

26 27 28 Consent Decree Page - 11

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061
Telephone: 206-220-6883 Facsimile: (206) 220-691
TDD: (206) 220-688

Case 3:04-cv-05646-FDB Document 3-1 Filed 10/04/2004 Page 12 of 19

1 and/or practice.

2

50. The Company will provide the Consent Decree Administrator with all support

3 necessary to carry out his/her duties under the Consent Decree, including:

4

a. Preparation of all reports required by the Consent Decree Administrator,

5

b. Administrative and professional support as needed; and,

6

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

7

51. The Consent Decree Administrator’s major areas of responsibility will include:

8

a. Preparation and submission to EEOC of the reports on compliance with this

9 Consent Decree as set forth in Section XIII, Reporting, Record Keeping and Compliance Review;

10

b. Providing information to employees concerning Gordon Trucking’s policy on

11 training and team driving assignments and Gordon Trucking’s obligations under the Consent

12 Decree;

13

c. Responding to employee inquiries concerning this Consent Decree;

14

d. Participating in training sponsored by Gordon Trucking, including that provided

15 for in this Consent Decree;

16

e. Investigating complaints along with the Director of Driver Services regarding

17 possible violations of the Trainer/Trainee Assignment Policy and reporting the results of the

18 investigations to the Director of Driver Services;

19

f. Recommending discipline to the Director of Driver Services of supervisors,

20 managers, trainers, and any other employees for Consent Decree violations and violations of the

21 non-discrimination policy described in Section X;

22

g. Participating in discussions held among the parties to implement the Consent

23 Decree, to resolve disputes under the Consent Decree or to otherwise amend the Consent Decree;

24 and,

25

h. Periodically reviewing the operation of Gordon Trucking’s over-the-road

26 27 28 Consent Decree Page - 12

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061
Telephone: 206-220-6883 Facsimile: (206) 220-691
TDD: (206) 220-688

Case 3:04-cv-05646-FDB Document 3-1 Filed 10/04/2004 Page 13 of 19

1 training programs, and identifying in writing to the Director of Driver Services any modifications

2 or enhancements which serve to advance the purposes of this Consent Decree.

3

52. Gordon Trucking, through the assistance of the Consent Decree Administrator, will

4 appoint an advisory council of five (5) drivers, both males and females, whose input will be sought

5 on the implementation of the training policy and Gordon Trucking’s efforts to address sexual

6 harassment issues company-wide. Gordon Trucking will report to the Commission any

7 recommendation made by the Advisory Council and/or Consent Decree Administrator regarding

8 implementation of the Amended Training Policy and Gordon Trucking’s efforts to address sexual

9 harassment issues pursuant to Section X.

10

XIII. REPORTING, RECORD KEEPING AND COMPLIANCE REVIEW

11

53. The reports to be submitted by Gordon Trucking on a periodic basis as provided in

12 this Section will be forwarded so as to arrive at the Commission within thirty (30) days after the

13 close of the reporting period.

14

54. Within ninety (90) days after the Effective Date of this Consent Decree, Gordon

15 Trucking will provide the Commission with the following items:

16

a. A listing of all active trainers, as of the Effective Date of this Consent Decree,

17 indicating for each, the name, sex, date he/she became a trainer, his/her terminal designation, and

18 date he/she signed the Acknowledgment Form. (Report 1)

19

b. A report confirming the date of the distribution of copies of the Amended

20 Training Policy and Acknowledgment Form to current employees, as required by Paragraph 39

21 (Report 2)

22

55. On a quarterly basis beginning within ninety (90) days of the Effective Date of this

23 Consent Decree, for a period of one year, and for every six-month period thereafter for the

24 duration of the Consent Decree as set forth in Section XIV, Gordon Trucking will prepare and

25 submit the reports described below:

26 27 28 Consent Decree Page - 13

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061
Telephone: 206-220-6883 Facsimile: (206) 220-691
TDD: (206) 220-688

Case 3:04-cv-05646-FDB Document 3-1 Filed 10/04/2004 Page 14 of 19

1

a. A report on hiring of new drivers/trainees: This report will provide by terminal,

2 the following information on each driver hired during the period: name, driver code, sex, date of

3 hire, name and sex of trainer(s), and date of payroll change to mileage basis. (Report 3)

4

b. Report on change of pay status to mileage basis: This report will list the driver

5 code and date of change to pay status to mileage basis for all individuals who were hired by the

6 time of the previous reporting period but whose status did not change to mileage basis until the

7 current reporting period. (Report 4).

8

c. Report on internal sexual harassment complaints involving trainers and trainees:

9 This report will provide for each such formal or informal complaint filed and/or resolved during

10 the period, the name and sex of the person filing the complaint, the date the complaint was filed, a

11 description of the complaint, and resolution or status of each complaint. Copies of any complaint

12 filed during the reporting period and copies of documents relating to any complaints resolved

13 during the period will be provided along with the report. (Report 5)

14

d. Report on Trainers/Trainees Objecting to Sex-Neutral Pairing: This report will

15 include the terminal designation, the name and sex of trainers and trainees requesting same sex

16 training, the reason(s) for the request, all alternative training options considered, and whether

17 such request was granted. (Report 6)

18

e. Report on Persons Certified as Trainers: This report will contain a listing of all

19 active trainers who become certified during the period, providing for each name, sex, date

20 certified to become a trainer, and date acknowledgment form signed. (Report 7)

21

f. Report of Advisory Council and Consent Decree Administrator’s

22 Recommendations: This report will include all recommendations made by the Advisory Council

23 and/or Consent Decree Administrator regarding implementation of the Amended Training Policy

24 and Gordon Trucking’s efforts to address sexual harassment issues. (Report 8)

25

56. All records required by this Consent Decree will be retained by the Company for the

26 27 28 Consent Decree Page - 14

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061
Telephone: 206-220-6883 Facsimile: (206) 220-691
TDD: (206) 220-688

Case 3:04-cv-05646-FDB Document 3-1 Filed 10/04/2004 Page 15 of 19

1 duration of this Consent Decree. The Company will also maintain records necessary to

2 demonstrate compliance with the provisions of this Consent Decree and to verify reports

3 submitted, which records shall include, but are not limited to:

4

a. All applications and any documents relating to persons applying for driver and

5 trainer positions;

6

b. Documents relating to trainer certification;

7

c. Records concerning sexual harassment incidents or complaints involving

8 trainers and trainees, including documentary evidence and summaries of interviews conducted

9 during the investigations, and the findings, resolutions and/or conclusions reached;

10

d. Documents relating to any disciplinary action taken by Gordon Trucking

11 concerning provisions of this Consent Decree against trainers, supervisors and/or management

12 personnel;

13

e. Documentation on individual and group training materials used during the

14 sessions;

15

f. Documents relating to objections by trainers and trainees for participating in

16 mixed-sex driving assignments; and,

17

g. Completed Acknowledgment Forms.

18

57. For the duration of this Consent Decree, the Commission shall have the right to

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

20 interviews, attending training held pursuant to the Consent Decree, and examining documents and

21 data maintained by Gordon Trucking pursuant to this Consent Decree and Commission

22 regulations for the purpose of confirming compliance with this Consent Decree Order. The

23 Commission agrees that it will provide reasonable notice to Gordon Trucking’s attorney prior to

24 conducting any review.

25

58. The Commission agrees it will not conduct or attempt to conduct any interviews or

26 27 28 Consent Decree Page - 15

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061
Telephone: 206-220-6883 Facsimile: (206) 220-691
TDD: (206) 220-688

Case 3:04-cv-05646-FDB Document 3-1 Filed 10/04/2004 Page 16 of 19

1 make any contact with Gordon Trucking employees at terminal sites without first notifying

2 Gordon Trucking’s attorney. Further, Gordon Trucking recognizes that the Commission has the

3 right to speak with employees that initiate contact with it regardless of the time or place of the

4 contact.

5

59. After the expiration of this Consent Decree, records will be maintained by Gordon

6 Trucking as required by law and Commission regulations.

7

XIV. SETTLEMENT NOTICE AND PROCEDURES

8

60. Within forty-five (45) days after the Effective Date of this Consent Decree, Gordon

9 Trucking will place a copy of the Amended Training Policy (Exhibit 2) in all areas where the

10 Company posts information on Company Policies, Employee Awards, DOT Regulations, and

11 other pertinent Company information, and will maintain this posting for the life of the Consent

12 Decree.

13

61. Within forty-five (45) days after the Effective Date of the Consent Decree, the

14 Company will provide to all current employees in the job categories covered by Paragraph 36,

15 with their normal pay statement, a copy of the Amended Training Policy (Exhibit 2).

16

62. Beginning with forty-five (45) days after the Effective Date of the Consent Decree,

17 and continuing for the duration of this Consent Decree, the Company will provide a copy of the

18 Amended Training Policy, Objection Form, and Acknowledgment Form to each person hired

19 during the first fifteen (15) days of his/her employment. Prospective employees/trainees shall

20 receive a copy of these Attachments at their orientation.

21

63. The Company, in any advertisements that it may run, shall include information that it

22 is an equal opportunity employer.

23

XV. DISPUTE RESOLUTION PROCEDURES

24

The purpose of this Section is to provide a formal procedure for resolving disputes as to

25 the compliance with the terms of this Agreement.

26 27 28 Consent Decree Page - 16

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061
Telephone: 206-220-6883 Facsimile: (206) 220-691
TDD: (206) 220-688

Case 3:04-cv-05646-FDB Document 3-1 Filed 10/04/2004 Page 17 of 19

1

64. Either party shall have the right to initiate an action pursuant to the Court’s

2 continuing jurisdiction for non-compliance with any provision of the Consent Decree, as follows:

3

a. If one party believes that there is non-compliance, it shall promptly give notice,

4 in writing, to the other party regarding (1) the specific provision, which it believes has not been

5 met, and (2) a complete factual statement of issue. The party receiving such notice shall have at

6 least thirty (30) days to cure the matter raised.

7

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

8 alleged non-compliance, through meetings, mediation or other appropriate means.

9

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

10 so finding shall notify the other party in writing of such failure to resolve the matter and provide a

11 description of the facts and circumstances surrounding the matter.

12

XVI. DURATION OF THE AGREEMENT

13

65. This Consent Decree will become effective on the date approved and signed by the

14 U.S. District Court, Western District of Washington, and will remain in effect for a period of

15 three (3) years. If either party petitions the Court for breach of the decree, and the Court finds a

16 violation of the terms of the decree, the Court may extend the duration of the decree.

17

XVII. RETENTION OF JURISDICTION

18

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

19 jurisdiction over this matter for the duration of the Consent Decree.

20 //

21 //

22 //

23 //

24

25

XIII. CONCLUSION

26 27 28 Consent Decree Page - 17

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061
Telephone: 206-220-6883 Facsimile: (206) 220-691
TDD: (206) 220-688

Case 3:04-cv-05646-FDB Document 3-1 Filed 10/04/2004 Page 18 of 19

1

67. The provisions of this Consent Decree are not binding on the parties until

2 the authorized representatives of each party sign and the court enters the consent

3 decree in the court.

4

DATED this 1st day of October,

2004.

5

6 A. LUIS LUCERO, JR. Regional Attorney
7 KATHRYN OLSON
8 Supervisory Trial Attorney

ERIC S. DREIBAND General Counsel
JAMES D. LEE Deputy General Counsel

9 TERI HEALY

GWENDOLYN YOUNG REAMS

Trial Attorney

Associate General Counsel

10

BY:

/S/ A. Luis Lucero

11

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

12

Seattle District Office

13 909 First Avenue, Suite 400

Office of the General Counsel

Seattle, Washington 98104

1801 "L" Street, N.W.

14 Telephone 206.220.6916

Washington, D.C. 20507

teri.healy@eeoc.gov

15

Attorneys for Plaintiff

16

17 CLEMENS H. BARNES PERKINS COIE
18 1201 Third Avenue, Suite 4800 Seattle, WA 98101
19 Telephone 206.359.8000

20 THERESA E. PRUETT

General Counsel, WSBA No. 26063

21 Gordon Trucking

151 Steward Road SW

22 Pacific, WA 98047

253.891.4332

23

BY:

/S/ Theresa E. Pruett

24

Attorneys for Defendant

25

ORDER

26

27

28 Consent Decree Page - 18

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061
Telephone: 206-220-6883 Facsimile: (206) 220-691
TDD: (206) 220-688

Case 3:04-cv-05646-FDB Document 3-1 Filed 10/04/2004 Page 19 of 19

1

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

2 ORDERS THAT the foregoing Consent Decree be, and the same hereby is, approved as the final

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

4 prejudice and without costs or attorneys' fees to any party. The Court retains jurisdiction of this

5 matter for purposes of enforcing the Consent Decree approved herein.

6

7

DATED this 4th day of

October

, 2004.

8

9

S/ Franklin D. Burgess

10

UNITED STATES DISTRICT JUDGE

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26 27 28 Consent Decree Page - 19

U.S. Equal Employment Opportunity Commission Seattle District Office
909 First Avenue, Suite 400 Seattle, WA 98104-1061
Telephone: 206-220-6883 Facsimile: (206) 220-691
TDD: (206) 220-688

 
 WAWD CM/ECF Version 2.5 - Docket Report

Page 1 of 2

U.S. District Court WESTERN DISTRICT OF WASHINGTON (Tacoma)
CIVIL DOCKET FOR CASE #: 3:04-cv-05646-FDB

CLOSED

Equal Employment Opportunity Commission v. Gordon Trucking Inc Assigned to: Hon. Franklin D. Burgess Cause: 28:1343 Violation of Civil Rights

Date Filed: 09/30/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

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

Teri L Healy EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Fax: FAX 220-6911 Email: teri.healy@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Gordon Trucking Inc

Date Filed 09/30/2004

#

Docket Text

1 COMPLAINT against defendant(s) Gordon Trucking Inc (Summons(es) issued) (fee waived) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(RM, ) (Entered:

https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?970351884038913-L_923_0-1

7/4/2006

WAWD CM/ECF Version 2.5 - Docket Report

Page 2 of 2

09/30/2004 10/04/2004

10/01/2004)
2 E-mail Confirmation of Filing Date. (RM, ) (Entered: 10/01/2004)
3 CONSENT DECREE AND ORDER **SEE ORDER FOR DETAILS** by Judge Franklin D. Burgess. (Attachments: # 1 Exhibit 1-7)(CAR, ) (Entered: 10/06/2004)

PACER Service Center
Transaction Receipt

07/04/2006 19:27:26

PACER Login: hs0328

Client Code: peters

Description: Docket Report Search Criteria: 3:04-cv-05646-FDB

Billable Pages: 1

Cost:

0.08

https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?970351884038913-L_923_0-1

7/4/2006

 
 Office of General Counsel FY 2005 Annual Report

Page 1 of 1

In another case, we found evidence that a nationwide over-the-road trucking company had a policy of not allowing female employees to receive over-the-road truck driving training from male instructors. Because the company had few female instructors, female drivers had to wait longer than males to receive mandatory training. A consent decree provided a total of $235,000 to female driver applicants and for costs associated with training and compliance with the decree. The decree, which covers all of the company's facilities nationwide, requires the company to implement a new driver assignment policy that ensures gender neutral training assignments. EEOC v. Gordon Trucking, Inc. (W.D. Wash. Oct. 6, 2004).

http://www.eeoc.gov/litigation/05annrpt/index.html

5/22/2007