Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 1 of 38

1

{flJ-0NORABLE THOMAS S. ZILLY

2

3

_- flLEe ==-~ENTERED

-I--LOOGEO _RECEIVED

4

- NO~ Q 1 200\ MR

5

6

Cl.DII>Kl~,~",'elTlW~1,oC$OUlRlTltlllTO~
UNrW~TES DISTRICT COURT

7

FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE

8 EQUAL EMPLOYMENT OPPORTUNITY 9 COMMISSION,

10

Plaintiff,

11

VS.

12

STARWOOD HOTELS & RESORTS WORLDWIDE, INC., dba W SEATTLE

13 HOTEL,

14

Defendant.

15

16

BRANDI MCGUIRE, CLARE MCFADDEN, RACHEL BEALS, KASIE

17 BARKER AND STEVEN SLOAN,

18

Plaintiffs,

19

vs.

20

STARWOOD HOTELS & RESORTS WORLDWIDE, INC., dba W SEATTLE

21 HOTEL,

22

Defendant.

CASE NO. COl-703Z
COMPLAINT FOR SEXUAL HARASSMENT AND RETALIATION; FAILURE TO PROVIDE SAFE ENVIRONMENT; NEGLIGENT RETENTION AND SUPERVISION; OUTRAGE; NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS; VIOLATION OF WAGE AND HOUR LAWS, BREACH OF CONTRACT AND IMPLIED COVENANT OF GOOD FAITH; AND CONSTRUCTIVE DISCHARGE
JURY DEMAND
1111111111111111111111111111111111111111111111111111111
1111111111111111111111111111111111111111
CV 01-00703 #00000019

23

24
COMPLAINT - 1
25
26

LAW OFFICES OF
MILLS MEYERS SWARTLING
WOO SECOND AVENUE, 30TH FLOOR
SEATTLE, WASHINGTON 98104-1064 TELEPHONE (206) 382-1000 FACSIMILE (206) 386-7343

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 2 of 38

1

Plaintiffs Brandi McGuire, Claire McFadden, Rachel Beals, Kasle Barker and

2 Steven Sloan (collectIvely "PlaintIffs") hereby allege as follows'

3

INTRODUCTION

4

11 This lawsuit anses out of defendant Starwood Hotels and Resorts

5 Worldwide, Inc.'s, dba W Seattle Hotel (heremafter "Defendant"), flagrant disregard for

6 the laws protecting employees from sexual harassment and retalIation m violation of
7 Title VII of the Civil Rights Act of 1964, as amended, and the Washington Law against
Discrimination. From virtually the day the W Seattle Hotel opened, Defendant 8
maintained and encouraged an extremely offensive sexually charged work 9
environment, m which Plaintiffs, among others, were subjected to both mental and 10
phYSical abuse. When PlaintIffs complamed about the horrifiC conditIons, Defendant
11 failed to mvestIgate and/or correct the hostIle work environment, but, instead,

12 responded by retahatmg agamst each of them.

13

12 Defendant also failed to provide PlamtIffs With an environment free from

14 workplace violence and, in fact, forced them to endure, among other thmgs, physical

15 and sexual abuse by patrons of the W Seattle Hotel.

16

1.3 Defendant additIonally refused to allow Plaintiffs and other employees to

17 take meal and rest periods which are mandated by federal and Washington state law.
PARTIES 18
2.1 Plamtiff Brandi McGuire (heremafter "McGUire") is, and at all relevant 19
times mentioned herein was, a Single person residing m King County, Washington. 20
2.2 Plaintiff Clare McFadden (hereinafter "McFadden") is, and at all relevant
21 hmes mentIoned herein was, a smgle person resldmg in King County, Washington.

22

23 Plamtiff Rachel Beals (heremafter "Beals") is, and at all relevant tImes

23 mentioned herein was, a smgle person residing in Kmg County, Washington.

24
COMPLAINT - 2
25
26

LAW OFFICES OF
MILLS MEYERS SWARTLING 1000 SECOND AVENUE, 30TH FLOOR SEATTLE, WASHINGTON 98104-1064
TELEPHONE (206) 382-1000 FACSIMILE (206) 386-7343

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 3 of 38

1

24 Plaintiff KaSle Barker (hereinafter "Barker") is, and at all relevant times

2 menhoned herein was, a single person resldmg m Kmg County, Washington.

3

2.5 Plamhff Steven Sloan (heremafter "Sloan") is, and at all relevant times

4 mentioned herem was, a smgle person residing in King County, Washmgton. McGuire,

5 McFadden, Beals, Barker and Sloan are somehmes referred to herein collectively as

6 "Plaintiffs." Whenever in this complaint reference IS made to "Plaintiffs," such

7 allegation shall be deemed to mean the incidents which have occurred to Plaintiffs

mdlVidually, jointly, and/or severally. 8
26 Plamtiffs are mformed and believe, and based thereon allege, that, at all 9
relevant times mentioned herein, Defendant IS a Maryland corporatlOn, which has
10 contmuously done busmess m the State of Washington.

11

2.7 At all relevant times, Defendant has continuously had at least 15

12 employees, has contmuously been an employer engaged in an industry affectmg

13 commerce, and has continuously been an employer within the meaning of Sections

14 701(b), (g) and (h) of Title Vll, 42 USC §§ 2000e-(b), (g) and (h)

15

IURISDICTION AND VENUE

16

3.1 ThIS Court has Junsdlchon pursuant to 28 U.S.c. §§ 451, 1331, 1337, 1343

17 and 1345 because the lawsUlt arises under sections 706(£)(1) and (3) of Title VII of the

ClVlI Rights Act of 1964, as amended, 42 U.s.c. §§ 2000e-5(f)(1) and (3), and Section 102 18
of the Civil Rights Act of 1991, 42 U.s.c. § 1981a. 19
3 2 ThIS Court has supplemental jurisdIction over related state law claIms
20 under 28 U.S.c. § 1367.

21

3.3 Venue is proper in the United States DistrIct Court for the Western District

22 of Washmgton under 28 U.S.c. § 1391(b) because Defendant does business in thIS

23 district and the unlawful acts of Defendant described herein occurred in this district.

24
COMPLAINT - 3
25
26

LAW OFFICES OF MILLS MEYERS SWARTLING 1000 SECOND AVENUE, 30TH FLOOR
SEATTLE, WASHINGTON 98104-1064
TELEPHONE (206) 382-1000 FACSIMILE (206) 386-7343

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 4 of 38

1

ADMINISTRATIVE PREREQUISITE

2

4_1 The allegations of paragraphs 1.1 through 3.3, above, are incorporated by

3 reference as though fully set forth herein_

4

42 On or about October 11, 2000, McGUIre filed a charge with the Equal

5 Employment Opportumty CommissIOn ("EEOC"), alleging, among other things,

6 continuing violations of Title VII by Defendant. On or about April 4, 2001, McGuire
7 filed an amended charge with the EEOC Copies of the initial charge and amended
charge are attached hereto and Incorporated herein as Exhibit"A_" 8
4.3 On or about November 14, 2000, McFadden filed a charge with EEOC, 9
alleging, among other things, continuing violatlOns of Title VII by Defendant. On or 10
about March 30, 2001, McFadden filed an amended charge With the EEOC Copies of
11 the initial charge and amended charge are attached hereto and Incorporated herein as

12 Exhibit "B "

13

4_4 On or about October 18, 2000, Beals filed a charge with the EEOC,

14 alleging, among other things, continuing vlOlatlOns of Title VII by Defendant On or

15 about Apnll, 2001, Beals filed an amended charge with the EEOC Copies of the initial

16 charge and amended charge are attached hereto and Incorporated herein as Exhibit "C"

17

4.5 On or about November 28, 2000, Barker filed a charge with the EEOC,

alleging, among other things, continuing violations of Title VlI by Defendant. On or 18
about March 1, 2001, Barker filed an amended charge with the EEOC Copies of the
19
initial charge and amended charge are attached hereto and incorporated herein as

20 Exhibit "D."

21

4.6 On or about October 18, 2000, Sloan filed a charge with the EEOC,

22 alleging, among other things, continUing VIOlations of Title VII by Defendant. On or

23 about March 10, 2001, Sloan filed an amended charge with the EEOC Copies of the

24
COMPLAINT - 4
25
26

LAW OFFICES OF
MILLS MEYERS SWARTLING 1000 SECOND AVENUE, 30TH FLOOR
SEATI'LE, WASHINGTON 98104-1064
TELEPHONE (206) 382-1000 FACSIMILE (206) 386-7343

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 5 of 38

1 initIal charge and amended charge are attached hereto and Incorporated herein as 2 ExhIbIt "K"

3

4.7 Each of the charges filed by Plaintiffs, which were based on a senes of

4 related dlscnmlnatory acts or "continuing violations," were timely filed Within the

5 applicable statutory penod

6

4_8 On or about April 10, 2001, the EEOC issued detenrunatIons on behalf of

7 each of the Plaintiffs, finding that "there is reason to believe that violations [of Title VII

of the CIVil Rights Act of 1964 as amended] have occurred_" Copies of those 8
determinations are attached hereto and Incorporated herein as Exhibit "F " 9
4_9 On or about May 16, 2001, the EEOC filed this action against Defendant
10 under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991

11 based on PlaintIffs' charges against Defendant.

12

FACTUAL BACKGROUND

13

5_1 Plaintiffs reallege paragraphs 1.1 through 4_9, above, which are

14 Incorporated by reference as though fully set forth hereln_

15

5_2 PlaintIffs McGuire, Beals, Barker and Sloan were employed by Defendant

16 to work at the W Seattle Hotel in August, 1999 McFadden was employed by Defendant
17 to work at the W Seattle Hotel in November, 1999_
5.3 The W Seattle Hotel opened for business in or about September, 1999_ 18
From virtually the day the W Seattle Hotel opened, its employees were subjected to an 19
extremely hostile work environment Defendant and Its management team at the W 20
Seattle Hotel cultIvated an atmosphere that not only allowed but encouraged sexual
21 harassment of its employees, by management, co-workers and guests of the W Seattle
22 HoteL

23

24
COMPLAINT - 5
25
26

LAW OFFICES OF
MILLS MEYERS SWARTLING 1000 SECOND AVENUE, 30TH FLooR
SEATTLE, WASHINGTON 98104-1064 TELEPHONE (206) 382-1000 FACSIMlLE (206) 386-7343

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 6 of 38

1

5.4 From and about the date they were hired through, and continuing

2 throughout theIr employment at the W Seattle Hotel, Plaintiffs were subjected to a

3 pervasive and extremely hostile work environment. A few examples of the physIcal,

4 vIsual and verbal harassment which Plaintiffs were subjected to by Defendant's

5 management Include, but are by no means limited to, the following unwelcome

6 conduct: 7 8 9
10
11
12

(a) Manager Bill Erickson ("Erickson") constantly sexually harassed numerous female employees, including Beals, McGuire, McFadden and Barker, by grabbing, stroking, chasing, and forcibly huggmg them. Erickson regularly changed In the coat closet In the restaurant and invited women to come and see his "legendary member."
(b) Erickson also constantly made gross sexual comments, obscene

13

gestures, and used profanities and vulgarities in the presence of

14

Plaintiffs and other employees For Instance, ErIckson told

15

McGUire that "I want to fuck your brains out," "why are you so

16

fucking hot," and "I bet you're a great fuck." Erickson even

17

bragged that he and another manager, Gregg Nelson, had

discussed bending McGUire over and "fucking her brains out" 18
Sirrularly, ErIckson told McFadden that she's "hot," and asked her 19
"do you just want to fuck or what." 20
(c) Erickson openly Viewed pornography (which he showed

21

employees whIle on shift.) For instance, Erickson showed a

22

pornographIc picture to McGuire and another employee while she

23

24
COMPLAINT - 6
25
26

LAW OFFICES OF
MILLS MEYERS SWARTLING 1000 SECOND A VENUE, 30TH FLOOR
SEATILE, WASHINGTON 98104-1064 TELEPHONE (206) 382-1000 FACSIMILE (206) 386-7343

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 7 of 38

1

2

3

(d)

4

5

6

7
(e)
8

9

10

11

12

13

(f)

14

15

16

17

18

19 (g)
20

21

(h)

22

23

24
COMPLAINT - 7
25

26

was serving guests The picture was a close up shot of a woman's vagma and a man's tongue. Manager MItchell Howard (hereinafter "Howard") continually harassed McFadden, McGuire, Beals and Barker, among others, by repeatedly gropmg, fondling and grabbing them. In addihon, Howard pressed his gemtals against McFadden, while whispenng gross suggestive comments in her ear. Howard further harassed Plaintiffs by constantly making obscene gestures, proposihoning them, speaking in a sexually explicit way, asking for sexual details about their relationships, disparaging hotel guests by making sexual and offensive comments about them, callmg Plaintiffs pet names, and making other gross sexual comments General Manager Nick Cassis (hereinafter "Cassis") grabbed, squeezed, and pmned women mto small places m order to intimidate and rub up agamst them. For mstance, CassIs grabbed Beals repeatedly while he was intoxicated Cassis grabbed another female employee and shoved his tongue into her mouth. In addition, CassIs proposItioned female employees and made lewd comments and gestures. Howard and CassIs told a female employee to take off her top and show them "her hthes." Marty Colhns, who Plamtiffs are informed and beheve and based thereon allege was an investor in Defendant's San DIego W Hotel, grabbed McGuire repeatedly, held her forcIbly agamst hIm and
LAW OFFICES OF MILLS MEYERS SWARrLING 1000 SECOND A VENUE, 30TH FLOOR SEATTLE, WASHINGTON 98104-1064
TELEPHONE (206) 382-1000 FACSIMILE (206) 386-7343

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 8 of 38

1 pressed his erect penis against her. At the time, McGurre was told

2

that Collins was an owner of the San Diego W Hotel.

3

Defendant reqUired certain of the Plaintiffs to wear uniforms that

4

were tight and very revealing. Manager Karl Bruno even told Beals

5

that she should make the slit in her skirt higher because "that's how

6

you make your money." Male bartenders and hotel guests threw

7

things down their bustlers and leered at them. Comments were

made about the size of their breasts and that the uniforms made 8

them look like "sluts," "hooches," and "whores." 9
Gl Defendant displayed and sold pornographic magazines in the area

10 in which Plaintiffs worked, further encouraging harassment by

11

managers, co-workers and guests. Managers, IndudIng Bruno and

12

Enckson, regularly read pornographic material while on the Job.

13

Bruno would even take pornographic magazines from the hotel

14

newsstand in the bar area Into the bathroom, where he would

15

remain for extended periods of time.

16

5.5 In addition to the sexual harassment by Defendant's management,

17 Defendant did nothing to prevent but instead encouraged inappropriate sexual
harassment by co-workers and patrons of the W Seattle Hotel. Throughout their 18
employment, Plaintiffs, among other employees, were constantly grabbed, chased,
19
leered at, teased, touched and proposItioned by patrons of the W Seattle Hotel.
20
Plaintiffs were pinned against the wall, straddled, rubbed, fondled and sexually and 21 phYSically abused by hotel patrons. Despite numerous complaints made to
22 management by Plaintiffs and others, Defendant failed to take appropriate action and

23 the harassment contInued.

24
COMPLAINT - 8
25
26

LAW OFFICES OF
MILLS MEYERS SWARTLING 1000 SECOND AVENUE, 30TH FLOOR SEATILE, WASHINGTON 98104-1064
TELEPHONE (206) 382-1000 FACSIMILE (206) 386-7343

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 9 of 38

1

5.6 PIamtiffs are informed and believe, and based thereon allege, that

2 Defendant routinely VIOlated rules and safety regulations regarding the maximum

3 number of patrons allowed m the bar and restaurants areas. The overcrowding in these

4 areas further aggravated the harassment and violence that took place at the W Seattle

5 Hotel

6

57 In additIon, despite company policy to the contrary, Defendant permitted

7 Its managers to routinely abuse alcohol and use illegal drugs, such as cocaine, while on
the job. ThiS further exacerbated the extremely hostile work environment created by 8
Defendant. Despite PlamtIffs' complamts to management, adequate steps were not 9
taken to change the SItuatIon. 10
5.8 Despite repeated complamts to management about harassment, violence
11 and overcrowding, Defendant failed to take reasonable steps to insure a safe workplace

12 As a result, PlaintIffs and other employees were fearful for their safety at the workplace.

13

5.9 Defendant also failed to provide Plaintiffs and other employees working

14 in the bar area the rest and meal periods required by federal and Washington state law.

15 Despite repeated complamts, plaintiffs were told that they must remain on the floor at
16 all hmes, and employees were reprimanded if they tried to squeeze in a break to eat
17 some food during their shift. For mstance, Howard told McFadden that "bartenders here don't take breaks, it's not the nature of the business," and McGuire and another
18 employee were reprimanded for taking a break during their shift.
19 5.10 Because of the intolerable working condlhons, Plaintiffs complamed to
20
management on numerous occasIOns concerning the sexual harassment and hostile 21 work environment m an effort to have Defendant remedy the sltuahon. Despite its 22 knowledge of the harassment, Defendant failed to adequately investigate the allegatIons
23 and/ or use reasonable care to prevent and promptly correct the harassment. For

24
COMPLAINT - 9
25
26

LAW OFFICES OF
MILLS MEYERS SWARTLING 1000 SECOND AVENUE, 30TII FLOOR SEAITLE, WASHINGTON 98104-1064
TELEPHONE (206) 382-1000 FACSIMILE (206) 386-7343

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 10 of 38

1 mstance, Defendant's Regional Director of Human Resources' response to Plamtiffs' 2 complaints was to say, in sum or substance, "when you get a Job at a place lIke Hooters

3 or a stnp club, you should expect certam tlungs_"

4

5_11 Instead of remedymg the hostile work environment, Defendant responded

5 to PlamtIffs' complamts by retaliating against them and even mstructed PlamtIffs not to

6 put any of theu complaints m wntmg_ Work schedules were unfairly changed and

7 Plaintiffs were unjustly written up Management often would not proVide Plamtiffs

With secunty radios, and, even told Plaintiffs that they could no longer call secunty, 8
even if they belIeved patrons of W Seattle Hotel were threats to the safety and well9
bemg of the employees Several managers refused to speak to Plaintiffs, and became 10
cold, rude and mtIm1dating. And so on. The more PlamtIffs complamed, the worse the

11 retalIation.

12

5.12 Because Plaintiffs received no help from Defendant, they each filed

13 charges With the EEOC, which resulted In further retaliation by Defendant.

14

513 Defendant had actual and constructive knowledge of the acts alleged

15 herem Defendant, through its officers, managing agents and superviSors, authonzed,

16 condoned and/or ratIfled the unlawful conduct described herein.

17

5.14 Ultimately, the workmg conditions became so mtolerable that McGUIre,

Beals, Barker and McFadden were forced to resign. While Sloan is still employed at the 18
W Seattle Hotel, he too is suffering from extreme emotional distress and may soon be 19
unable to continue working at the W Seattle Hotel.
20

21

22

23

24
COMPLAINT - 10
25
26

LAW OFFICES OF
MILLS MEYERS SWARTLING
1000 SECOND A VENUE, 30TH FLooR SEAITLE, WASHINGTON 98104-1064
TELEPHONE (206) 382-1000 FACSIMILE (206) 386-7343

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 11 of 38

1

FIRST COUNT

2

(VIOLATION OF FEDERAL ANTI-DISCRIMINATION LAWS

3

-- HARASSMENT AND RETALIATION)

4

61 The allegatIons of paragraphs 1.1 through 5.14, above, are incorporated by

5 reference as though fully set forth herein

6

62 Defendant's conduct as described above constitutes violations of TItle VlI

7 of the Civil Rights Act of 1964, 42 U.s C §§ 2000e, et. seq, as amended. The conduct

alleged above was unwelcome, offenSIve and unsolicited. The conduct was severe and 8

pervasive. Such conduct altered the terms and conditions of PlaintIffs' employment by 9
subJecting them to an extremely hostile work env1ronment and retaliation for their
10 complaints about such unlawful conditions.

11

63 The effect of the practices complained of herein has been to depnve

12 Plamtiffs of equal employment opportumtIes and otherwise adversely affect their status

13 as employees because of sex and retaliatIon.

14

64 As a d1rect and proXlIDate result of Defendant's actIons and omissions,

15 Plaintiffs have been damaged in amounts to be proven at tnal, plus interest thereon at a

16 rate to be determined at the time of trial.

17

6.5 As a further dIrect and proximate result of Defendant's conduct, Plaintiffs

have suffered and continue to suffer humiliation, embarrassment, and severe mental 18
and emotional distress, and have been damaged in an amount to be determined at the 19
tIme of trIal
20 6.6 By reason of the acts mentIoned above, McGUIre, McFadden, Beals and

21 Barker were constructively terminated and suffered additional lost earnings and

22 benefIts, the exact sum of wh1ch 1S presently unknown.

23

24
COMPLAINT - 11
25
26

LAW OFFICES OF
MILLS MEYERS SWARTLING 1000 SECOND A VENUE, 30TH FLOOR SEATILE, WASHINGTON 98104-1064
TELEPHONE (206) 382-1000 FACSIMILE (206) 386-7343

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 12 of 38

1

6.7 Plaintiffs are informed and believe and thereon allege that Defendant

2 acted with conSCIOUS disregard of PlaInhffs' rights by, inter alia, Intending to cause

3 Injury to Plaintiffs, by despicable conduct carried on by Defendant with a willful and

4 conscIOus disregard of the rights of PlaintIffs, and by despicable conduct that has

5 subjected PlaintIffs to cruel and unjust hardship in conscIous disregard of Plaintiffs'

6 nghts, entItling Plamtiffs to an award of punitive or exemplary damages in an amount

7 to be determined at the tune of tnal.
SECOND COUNT 8
(VIOLATION OF STATE ANTI-DISCRIMINATION LAWS 9
-- HARASSMENT AND RETALIATION) 10
7.1 The allegations of paragraphs 1.1 through 6.7 above, are incorporated by
11 reference as though fully set forth herein.

12

7.2 Defendant's conduct as descnbed above constItutes vIOlations of the

13 Washmgton Law Against DIscrimmatlOn, RCW 49.60 et. seq.

14

7.3 As a direct and proximate result of Defendant's actions and omissions,

15 Plamtiffs have been damaged in amounts to be proven at trial, plus interest thereon at a

16 rate to be determined at the time of trial.

17

7.4 As a further direct and proximate result of Defendant's conduct, Plaintiffs

have suffered and continue to suffer humiliatIon, embarrassment, and severe mental 18
and emotional dlstress, and have been damaged m an amount to be determmed at the 19
hme oftnal.
20 THIRD COUNT

21

(FAILURE TO PROVIDE A SAFE WORKPLACE)

22

8.1 The allegations of paragraphs 1.1 through 7.4, above, are incorporated by

23 reference as though fully set forth herem.

24
COMPLAINT - 12
25
26

LAW OFFICES OF
MILLS MEYERS SWARTLING 1000 SECOND A VENUE, 30TH FLOOR SEATTLE, WASHINGTON 98104-1064
TELEPHONE (206) 382-1000 FACSIMILE (206) 386-7343

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 13 of 38

1

8_2 Defendant has an affirmative and continuing duty to provide all

2 employees wIth a reasonably safe place to work Defendant breached thIs duty by

3 fallmg to take the precautIons of an ordinarily prudent person m keeping the workplace

4 reasonably safe_ Such breach IS a violatIon of Washington IndustrIal Safety and Health

5 Act of 1973, RCW 4917_060.

6

8.3 As a direct result of Defendant's actions and omissIOns, PlamtIffs have

7 suffered damages m an amount to be proven at trial.

FOURTH COUNT 8
(NEGLIGENT RETENTION AND SUPERVISION) 9
9 1 The allegations of paragraphs 1.1 through 8.3, above, are incorporated by
10 reference as though fully set forth herein.

11

9.2 PlamtIffs are mformed and believe, and based thereon allege, that

12 Defendant knew or, in the exercise of ordinary care, should have known that its

13 managers, Bill Erickson, Mitchell Howard and/or Nick Cassis, among others, were

14 unfIt and posed a rIsk of danger to PlamtIffs and other employees.

15

93 As a dIrect result of Defendant's actions and omISSIOns, PlamtIffs have

16 suffered damages in an amount to be proven at trial.

17

FIFTH COUNT

(OUTRAGE)
18 10.1 The allegations of paragraphs 1.1 through 9.3, above, are incorporated by
19 reference as though fully set forth herein.
20 10.2 Defendant's conduct as descrIbed above constitutes extreme and
21 outrageous conduct through which Defendant mtentionally or recklessly inflicted

22 severe emotional distress on Plamtiffs, thereby causing PlamtIffs to suffer severe

23 emotIOnal dIstress

24
COMPLAINT - 13
25
26

LAW OFFICES OF
MILLS MEYERS SWARTLING
1000 SECOND AVENUE, 30TH FLOCR SEATILE, WASHINGTON 98104-1064
TELEPHONE (206) 382-1000 FACSIMILE (206) 386-7343

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 14 of 38

1

10.3 As a direct and proximate result of Defendant's conduct, Plamtiffs have

2 suffered damages in an amount to be proven at triaL

3

SIXTH COUNT

4

(NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS)

5

11_1 The allegahons of paragraphs 1_1 through 10_3, above, are incorporated by

6 reference as though fully set forth herem_

7

11.2 Defendant owed a duty of care to Plaintiffs as employees_ Defendant

breached thiS duty by faIling to exercise the standard of care required by a reasonable 8
employer, thereby causing Plaintiffs to suffer emotional dlstress_ 9
11_3 As a direct and prOXImate result, Plaintiffs have suffered damages m an
10 amount to be proven at tnal.

11

SEVENTH COUNT

12

(NON-PAYMENT OF WAGES AND RETALIATION

13

IN VIOLATION OF STATE LAW)

14

12_1 The allegahons of paragraphs 1.1 through 11_3, above, are mcorporated by

15 reference as though fully set forth herem_

16

122 Defendant is reqUlred by the Washington Admimstrative Code to prOVIde

17 its employees with meal and rest periods_ Throughout their employment, Plamtiffs and
other slffiilarly situated employees were not given the meal and rest penods required 18
by Washington state law_ In addition, Plamtiffs and other employees were retaliated 19
agamst for complaming about Defendant's failure to provide such breaks_ 20
12.3 As a direct and proximate cause of Defendant's conduct, Plamtiffs have
21 been damaged in an amount to be proven at tnaL
22

23

24
COMPLAINT - 14
25
26

LAW OFFICES OF
MILLS MEYERS SWARTLING 1000 SECOND AVENUE, 30TH FLOOR SEATTLE, WASHU<GTON 98104-1064
TELEPHONE (206) 382-1000 FACSIMILE (206) 386-7343

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 15 of 38

1

EIGHTH COUNT

2

(BREACH OF CONTRACT AND THE IMPLIED COVENANT

3

OF GOOD FAITH AND FAIR DEALING)

4

13.1 The allegations of paragraphs 11 through 12.3, above, are incorporated by

5 reference as though fully set forth herem.

6

13.2 Plamtiffs were employed under a contract that was partly written, partly

7 oral and partly imphed The terms of the contract relied on by Plaintiffs mcluded but

were not limIted to bemg treated fairly and m accordance with the federal law and the 8
laws of the State of Washington. In addition, as a result of the employment relationshIp 9
that existed between Plainnffs and Defendant, and the expressed and imphed promises
10 made in connection with that relahonshlp, Defendant promIsed to act in good faith

11 toward and deal fauly with Plamtiffs. ThIs required, among other things, that

12 Defendant act in good faith toward Plaintiffs concerning all matters relating to their

13 employment, and that Defendant would comply WIth its own representatIOns, rules,

14 pohcles and procedures in dealmg with Plamtiffs.

15

13.2 Defendant breached ItS contract WIth Plainhffs by engaging in the acts and

16 conduct that created and or allowed the extremely hoshle work envuonment

17 Defendant further breached its contract WIth Plaintiffs by engaging in acts and conduct

that constituted retahation agamst Plaintiffs for reporting and complaining of the 18
conduct alleged in thls Complamt. 19
13.3 Defendant further breached the contract and implied covenant of good 20
faIth and fair dealing contamed therein by fallmg to permIt Plaintiffs to take the meal

21 and rest periods mandated by federal law

22

13.4 Defendant further breached the contract and Implied covenant of good

23 faIth and fair dealing contained therein by failmg to provide a safe workplace.

24
COMPLAINT - 15
25
26

LAW OFFICES OF
MILLS MEYERS SWARTLlNG
1000 SECOND A VENUE, 30TH FLOOR SEATTLE, WASHINGTON 98104-1064
TELEPHONE (206) 382-1000 FACSIMILE (206) 386-7343

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 16 of 38

1

13 5 PlaintIffs performed all conditIons of employment, except as such

2 conditions have been excused, waived or prevented by Defendant or by reason of law_

3

13_6 As a direct and proximate result of Defendant's actIons and omissions,

4 Plaintiffs have suffered damages in an amount to be proven at triaL

5

NINTH COUNT

6

(CONSTRUCTIVE DISCHARGE)

7

141 The allegations of paragraphs 1.1 through 13.7 above, are incorporated by

reference as though fully set forth herem. 8
14.2 By engaging in the conduct deSCrIbed herein, Defendant deliberately 9
made McGuire's, McFadden's, Beal's and Barker's workmg conditions so intolerable 10
that they were unable to return to Defendant's place of employment

11

14.3 As a result, McGUire, McFadden, Beal and Barker have suffered damages

12 in an amount to be proven at trial

13

PRAYER FOR RELIEF

14

WHEREFORE, Plaintiffs ask the Court to enter judgment against Defendant as

15 follows·

16

(a) For all compensatory damages proximately caused by Defendant's

17

conduct Such damages include, but are not limited to, general and

speCIfic damages for past and future pecuniary loss, emotional pain, 18
suffering, inconvenience, mental anguish, loss of enjoyment of life, and 19
other non-pecuniary losses resulting from Defendant's conduct; 20
(b) For double damages and any other applicable damages and penalties

21

permitted under Washmgton state law;

22

23

24
COMPLAINT -16
25
26

LAW OFFICES OF
MILLS MEYERS SWARTLING
1000 SECOND AVENUE, 30TH FLOOR
SEATTLE, W ASHINCTON 98104-1064
TELEPHONE (206) 382-1000 FACSIMILE (206) 386-7343

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 17 of 38

1

(c) For further damages as allowed by law, including but not limited to

2

prejudgment interest, enhanced damages, and any and all punitive

3

and!or exemplary damages permitted under federal and!or state law;

4

(d) For attorneys' fees and costs of suit incurred by Plaintiffs; and

5

(e) For such other and further relief as the court deems proper.

s'-

6

Dated this 3/ day of October, 2001.

7

Attorneys for Plamtiffs McGuire, McFadden, Beals, Barker, and Sloan

8

MILLS MEYERS SWARTLING

9

10 11

BY:~~ /~ ranam Salazar

12

WSBA No. 26186

13

Admitted Pro Hac VIce: SAUER & WAGNER LLP

14

Eve H. Wagner CSBA No. 126471

15

Gerald L. Sauer CSBA No. 113564

16

17

18

19

20

21

22

23

24
COMPLAINT - 17
25
26

LAW OFFICES OF
MILLS MEYERS SWARTUNG 1000 SECOND A VENUE, 30TH FLOOR
SEATTLE, WASHINGTON 98104-1064 TELEPHONE (206) 382-1000 FACSIMILE (206) 386-7343

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 18 of 38

1

JURY TRIAL DEMAND

2

Plaintiffs hereby request a jury trial on all questiOns of fact and damages raised

3 by its complaInt.
,;

4

Dated this.sJ day of October, 2001.

5 Attorneys for Plaintiffs McGuire, McFadden,

6

Beals, Barker, and Sloan

7

MILLS MEYERS SWARTLING

8

9
10

By: l~ ~ra5 M;. m Sal~ azar

WSBA No. 26186

11 AdmItted Pro Hac VIce:

12

SAUER & WAGNER LLP

Eve H. Wagner

13

CSBA No 126471

Gerald L. Sauer

14

CSBA No. 113564

15

16

17

18

19

20

21

22

23

24
COMPLAINT - 18
25
26

LAW OFFICES OF
MILLS MEYERS SWARTUNG
1000 SECOND AVENUE, 30m FLOOR
SEATTLE, WASHINGTON 98104-1064 TELEPHONE (206) 382-1000 FACSIMILE (206) 386-7343

Case 2:01-cvC-H00A7R03r"-T: SOZF DIDSoCcRuImMeINntA1T9IONFiled 11/01/2001AGENPCyage 19CHoAfR3GE8 NUUBER

0 Thls form 1s affected by tn. prlvacy Act 01 1974j S•• pr1vacy Act State.ent ber",l. !XI completlna th1s for"

FEPA EEOC

380AI0048

-'

Wash~ngton State HYman l:Ughts !:;omm
Stale or local Agmcy. Ifany

,

and EEOC

NAMe (IndJc4t~ Hr • H$ • Nr6.)

HOlle TELEPHONE (!Dt:1IJd~ An. COtl.)

Ms. Brandi L. McGuire
STREET ADDRESS

CITY, STATE AND ZIP caOE

b (2061 '168-2640 DATE OF BIRTH

2'148 N.148th St Shoreline WA 981'1,

)'1/2<;/1970

NAMED IS THE EMPLOYER, LABOR ORGANIZATION, EIIPLOYMENT AGENCY APPRENTICESHIP COIIMITTEE,

I I STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST liE fIr aon> ..ot: an. 11.. "l.~.)

NAME

MUlIER OF eMPLOYEeS J IIEIlSEas TELEPHONE (laclUd, .fr•• Cod.)

W Seattle Hotel
STREET ADDRESS
1112 Fourth Avenue
NAME

Cat B (101-200)
CITY, STATE AND ZIP CODE

I (206) 264-6000 COUNTY

Seattle WA 98101

o'n

ELEPttONE HUMBER (IncJu~~ ~«. CO")

STREET ADDRESS

CITY, STATE AND ZIP cooe

I COUNTY

CAUSE OF OISCRIYINATION BASED ON (CMck approprlar;~ lJoX(f:6))

o DRACE

D COLOR

[Xl sex D RELIGION

NATIONAL ORIGIN

o o D RETALIATION DAGE

DISABILITY

OTHER (Spocuy)

DATE DISCRIMINATION TOOK PLACE

£ARLIE.sr

GATESr

09/0111999 09/01/1999
IXI CONTINUING ACTION

THE PARTICULARS ARE (Ir additiQna) $p4C~ ts l1ud~d, Aec.rch ~xtr. /l1J~et($))
I have been employed be Respondent since August a, , 1999, as a Cocktail Server. Since the the hotel opened on September 1 , 1999, and continuing, I and other female employees have been sexually harassed and subjected to gross sexual comments and unwanted touching. We are also touched in a sexual manner when the bar is over-crowded and the pathway needs to be kept clear for us. This causes us to be grabbed all over our bodies. I have complained to the Head of Human Resources, Karen Devany, and other management employees on many occasions, but they have failed to take any action. Security and Ms. Devany have instructed me and the other female employees not to document any incidents, that all complaints are to be done verbally. On Aug. 18, 2000, Marty Collins, part owner, garbbed me from behind and pressed his body against me, to let me know that he had an erection. I reported this incident, but nothing happened.

I believe Respondent has discrimiinated against me and other female employees, in that it has failed to stop the sexual hara s sment, a violation of Title VII of the Civil Rights Act of 1964, as amended.

EXHIBIT.A

E:J I want this Charge tiled w1th both the eeoc and the State 0 NOTARY - (When necessary tor State 1M Local Requlrelllents)

local Agency. 1f any t wl11 advise the agencies 11 I Change my

address or telephone number and cooperate tully with them in the 1 swear or affirm that I have "Iad tn. aboye cnarge and that

LPsocesslng of !IV cltarQe 1n accordanc. with the1r procedures,

It 1$ true to the best 01.y knowledge, 1nfonaatlon and belle1.

I declare under penalty of perjury that the foregoing 1, true

SIGNATURE OF COMPLAINANT

-- and correct

.--, . ---rji ....-;-)0

_

~

•

U""B:>' --c:.L.1 L.

'<?>. ~ ---.cl~' L r\() '-'C1'-- "-- ------
\,--.p( \1... "--,'- --.SUBSCRIBED AND SWZ TO BEFORE liE THIS DATE

I Date Ie·' II Cr·
EOe FuRU 5 (Rev 06'99)

Charging Party (Slgn"uro'

Oil ~ " (Month. day and year)
,2 <r<-'f\

'A"-" % ~~-n-?J[;.
RESPONDENT'S c6py

)fI Case

2:01C-cHv-A00A7G0l3-TSZDISDCoAcIuNmINenAt n1O9 N

Filed

11/01/2001 Page
;'QUCV

2C0HAoACfilI3ii:8NUM.;R

:0 This tor~ is afflcted by tb. pr1vacy Act 01 197'i S•• Pr1y&cy Act Stat•••nt before ~ f&PA

.0"phUng tnu 1.'M.

1~ EEOC

AMENDED
380AI0048

Se~ttle Office fo~ Civil R1ght~ Sttzlll CJI" /ocalA&McY. ifany

and EEOC

MAle (In;Jl~"r.e lit" • Ns • Hr,.)

HOllE TELEPHONE (1MJUd~ AnNI eM.)

Ms. Brancl.1 L. McGui"'e
STREET ADDRESS

CITY, STATE AND ZIP CODE

(2061 ,68-2640
DATE OF BIRTH

2'148 N._148th St Shoreline WA 9813~

1'l/2<;IlQ70

NAMED IS THE EMPLOYER, LABOR ORGANIZATION, EMPLOYMENT AGENCY APPRENTICESHIP COMMITTEE,

STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATEO AGAINST IE fIr .on <I,.. _ 11••••Jo•• )

RAM.

Starwood Hotels & nesorts, Inc~ NUM8EIt of &.P~oYlES. IIUIERS ITELEPHOIE(DIOJUd" d1'N ~_)

Dba W Seattle Hotel

I Cat B (l01-;l001

(2061 264-6000

STRIIT ADDRESS

aITY. STATE AND ZH CODE

COUNTY

1112 Fourth AveIl.1.le Seattle WA OR' n1
NAM!

O~~ Tl:lEPHONE ftUIiSER (J'ndudl!!' linn ikNIc)

8TREET ADDRESS

CITY, STATE AND ZIP CODE

COUNTY

IQ-'UlE 0' DISCRllUlATION BAScO 01 (t:huk Ilppl"Gprtll'~ ",(t/:f.JJ

DRACE

0 COLOR

!Xl sax 0 REUQIO" 0 NATIONAL D~lQIH

CD "fTALIAnOH 0 A""

0 O ' ' ' A O n I T Y

OTNe. (.1p.<lt)")

DATE DISCRIMIIATION TOOK PLACE

URI'JEST'

Uf'EST

09/01/1999 03/19/2001 L!J CONTINUING ACTION

TH'E PARTICULARS ME (II" caddHlon~l ~pGr:t: is Qflf:d€t1, a""'CD cztra 81J~C(:JJJ:
I have been employed by Respondent since August le. 1999. Since the hotel opened on Septembe~ 1. 1999. and continuing. I and othe~ female
employees have been sexually harassed and subjected to gross
sexual comments and unwanted touching. We are also touched in a sexual manner when the bar is over-crowded and the pathway neeOs to oe Kept Clear ror us. Tnls causes us ~o be grabbea allover
our bodies. I have complained to the Head of Human Resources, Karen Devany, and other management employees on many occasions, but they have
failed to take any action. Security and Ms. Devany have instructed me
and the other female employees not to docunent any incidents, that all
complaints are to be done verbally. On August 18. 2000. Marty Collins,
part owner. grabbed me from behind and pressed his body against me, to let me know t~at he had an erection. I reported this incident. but nothing happened. After I complained to management about the harassment. I was retaliated against and constructively discharged.

I believe ~espondent has disc~im1natgd against me and othg~ female
e~ployee~, in that it has failed to stop the sexual harassment. retaliated against us for compla1ning about the harassment, and constructively disoharged us, in Violation of Title VII of the Civil Right~ Act of 1964, a~ amended.

.... I want this .harge tll.d wah Dotn tn. EEOC an. no State or NOTARY· (\'/II.n ........-y for Stat. and l ..~qU~.)

local Agency, addros. or tll

.

if
ph

any. one

nU1mbwerilalnd.dcvobop. etrhaeteIg1eunlCl1y0$~t1n1

I Chang' IY thea 1n thl

1--------------~:....._t=
I lWOar or arT1Ml (nat I have r.ad the abOY' ~.~d

L--_I tnat

prOCOSt1ng 01 my eharg_ .in accordanci with thoir orocldurts.

it is true to tl1. best or .y ItnOWlitdgv, 1n1orD,..!ton and belbf'.

a%ndmeioar•r•ecutn.d•• ""nalty Of perlury tn" tn. rorogolng is t.....

SIGNATURE OF COMPLAINANT

_"

.. h ' \. ~I.YI01

=::~:k(::~n.,,~r:;V'~-,.":""...l.M';IS~UonBtS~C. RdIaByE1D114

AND
yeor)

SWORN

TO

B~FolI~

M~

THIS

DATE

EI:.O~ 1"0l1M :10 (fl.;". UrlYV)
9ls-qor SO/ZO d 8St-l

ll890ZZ90Z

OOtl 3ON3AY lSI 808 ~33:IOJ~ to:;1 IO-;O-~dV

Case 2:01-cv-C00H7A0P3-tT;ESZOF DDIoScCuRmIeMnItN1A9TIOFNiled 11/01/2001 "GEPNaegve 21 oCfH3AR8GE NULIBER

, 0 This form lS affected by the P~lv.cy Act of 1974, Se. Pr1vacy ACt State•• nt ..e
IX! completlna this for.

FEPA EEOC

380A10178

Washington State HumSl,n Rights Comm
S/(J/e or /ocaiAgoncy. Ifany

and EEOC

NAUE (Indlca'~ ,'{r • Hs • Nrs }

HQUe TELEPHONE (Incl/.ld~ dreoa Codeo)

Ms. Clare E. McFadden
STREET A.DDRESS

CITY, STATE AND ZIP CODe

(2061 q8~-8731
DATE OF BIRTH

6418 -1st Ave ~.E. Seattle WA q811~

02/02/1978

,.an NAMED IS THE EMPLOYER, LABOR ORGANIZATION, EMPLOYMENT AGENCY APPRENTICESHIP COMMITTEE,
STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME fIr ••,.. on~ 11.. b~l.w)

NAlie

I I NUYSER OF EMPLOYEES. IIEMBERS TELEPHONE (Include- Ana Code')

W Seattle Hotel
STREET ADDRESS

Cat D (501 +1
CITY, STATE AND ZIP CD DE

(2061 264-6000
COUNTY

1112 Fourth Avenue Seattle WA q8101
NAUE

0"1"1
TELEPHONE HUYBER {Include- Ana Codeoj

STREET ADDRESS

CITY. STATE AND ZIP CODe

COUNTY

CAUSE OF DISCRIUINA,.OH BASED ON (Cheock .ppraprl.ce' boX(e's))

o D D DRACE

COLOR

[Xl SEX

RELIGION

NATIONAL ORIGIN

o o [Xl RETALIATlO" DACE

DISABIlITY

OTHER (Speclf./)

DATE DISCRIUINATION TOOK PLACE

S.;t;LIEST

t..:TEST

11/17/1999 10/10/2000
00 CONTINUING ACTION

THe PARTICULARS ARE fIr addtc.lo'1al space 1.s needed, atUc'l extra slletH(sJ)
I have been employed by Respondent since ~ovember 17, 1999, as a bartender. Since the flrst day that I was hired and continuing, I and other female employees have been sexually harassed and subjected to gross sexual comments and unwanted touching. We ar-e also touched ln a sexual manner when the bar is over-crowded and the pathway needs to be clear for us. This causes us to be grab oed all over our bod ies. I have complained to the Head of Human Resources, Karen Devany and other management employees on many occasions, but they have failed to take any action. The flrst time I complained to Ms. Devany was in December 1999. Shortly thereafter, I was retaliated against by having my work hours changed. which caused a reduction in my earnings.

I believe Respondent has discriminated against me and other female employees, in that it has failed to stop the sexual harassment, a Violation of Title VII of the Civil Rights Act of 1964, as amended.

EXHIBIT.1i

c:J I want this charge tiled with both the eEOC and the State or NOTARY ~ (When neClssary tor State and local Requirements)

local Agency, il any I wll1 advlse the agencies if I change .y

address o~ telephone number and coope~ate tully w1th them 1n the I swear or af11M1 that I nave ~ead the above charge and that

procesSino of my cl'1a~ge 1n accordance w1th thelr procedures

1t 1s true to the best of .y knowledge. information and be11ef

I declare under penalty of perjury that the forago1ng 1s true and correct.
I \.\L\ CD cD~~

Oate
:t:uC ,OR" , (He, OSIOO)

Charg1ng Party (SJ~n.tureJ

.S~GNOE~ OF COM~ PLAINAN} T

SUBSCRIBED AND SWO~O:~E THIS DATE

(Month, day and year)

1'&..1J"" I Cf. ;2 " c) J

"'t[ I-/.I-~'

CHARGING PARTY COpy

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 22 of 38
CHARGE OF

0_

elealaR

0 OOIU t:lACLItlIOH

!!AnOIA!. nSaJlI

IZl RETAlurfO. Cl ~CE

CJ DtliAllIlITf Cl OTHIII (.....IJ)'J

12/09/2000

frr Iddl.UdIIAl _~ I. M!ItkrI. aeLltd ~ .."t(dJ~

bartender.

e~plQyed by
Since the f

i

Respondent s rst day that

i

nr c

e November was hired

11,
and

1999. as a
con~1nu1Dg,

r

and

other female employees have been sexually harassed and subjected ~o

groes sexual Qommen~s and unwanted touch1ng. We are also touched in a

sexual m~er when the bar is over-crowded and the pathway needs to be

claar tor ua. ~h1. cauae. ue to be sr&bbad allover our bed1es. ! have

co~plained to the Head or Human Resources, Karen Devany and other

.&DAs-ma~~ .~ployooa on manv ooa~a~one. bu~ ~h.T have ta~1ed to ~&ka an~

action. The first time I complained to Ms. De~any was in DeCember

1999. Atter ~ Dompl&ined to man&8emeftt a~out ~be har.eement, % .a~

~etaliated agaInst and constructivel, dlsehargeq on December 9. 2000.

I believe Respondent »as d~8cr~m~nat9d asa1nst ne ana other rem~le

employees, in that it has tailed to stop the ••xual hara.ament, hiS retallated a~lnBt us artar we aomplalned or thQ harassment, abd

constructively discharged us in violatIon or Title VIl of the Civil

Rlgnt8 Act of 1964. as amended.

~§ ,

:g".. Ul::o I'T1I"'\ 0(")

I
r:

91'!T:!12<

-..» r~ rlGl

1ft,. t nat tlalo cloo.tfo
100111. AgtIIcJ, 11'

til..... utk brill I ~l adoS..

till EEIC UId tho statio
till IPnC11t 1r t .hingo

_ ~I _____-,,....________~___-I

- ... 01' tOlCltlllonl - . .... ,,--,," "11l' wJ.tl tU" lft

LLBgaZZgO~ _

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 23 of 38

CHAR( OF DISCRIMINATION

IAGENCY
o FEP.

Thls torm is aU.CUd Dy tbe Privacy ACt at 1974, S.. prlvacy Act State.ant betore r:u:"I EEOC

CHARGE NUM8ER
'"2, rdL/oo7

complettn thls torm

~

~ ~zr/,

Washlngton State Human Rights Cornm Stale or local Agency, 'f any

and EEOC

NAME (IndJc.H~ ,Vr • .'1$ ,'Irs. J

TELEPHONE (rne~udl: .4r~4 CoCk)

Ms. Rachel Beals

STREET ADDRESS

CITY, STATE AHD ZIP CODE

2 0 2nd Ave. Aot. 211 Seattle W q812l
NAMED IS THE EMPLOYER, LABOR ORGANIZATION, EMPLOYMENT AGENCY APPRENTICESHIP COMMITTEE, STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST liE (Ir /00,.. ........ 11.. "'.'.)

NAME

W Hotel & Bar
STREET ADDRESS

CITY. STATe

TELEPHONE NUMeER (/m:ludr Ar~a CotJ~)

STREET ADDRESS

CITY. STATE AND ZIP CODe

COUNTY

CAuse OF DISCRUUNATION BASED ON (~Jt~r:1 4ppropriaCI: !JOZ(iI'S))

0 0 0 DRACE

COLOR

[XI sex

RELIGION

NATIONAL ORIGIN

o 0 o 0 RETALIATION

AGe

DISABILITY

OTHEr! (So~~Uy)

DATE DISCRIMINATION TOOK PLACE

£..UIl.lEst'

t..fTESr

10/18/2000
[Xl CONTINUING ACTION

THE PARTICULARS ARE (Ir addJ:JonaJ ~p.:~ Is tJl:l:dl:d. 8::.1:1' ~f:.~!! rl:~·(3))
On an ongoing basis since approxirnate:y May 30. 2000 I have been
subjected to sexual harassment by a ma~ager ane by customers. I a, required to wear a uniform that I fee: is revealing and makes me
uncomfortable. I belleve that ~~e u~~~o~u e,-ccurages custome~s tc sexually harass me.

I have made numerous cornplaincs to ma~agers and to security about the sexual harassment, and I am always tole that it is being taken care of. however. they have failed to stop it. Management. security and human
resources have made me feel that my ccwplaints are unnecessary and inSignificant. In May. 2000 I filed a report over an incident in which
I was sexually harassed by an off-duty manager who was intoxicated.
That manager left, but I am still subjected to sexual harassment by
customers on e~ery Shlft I work. The food and beverage director told me that I needed to make the slit in my s~irt higher because "That·s how you make your money".

I believe that I have been sexually harassed in violation of Title VII

of the Civil Rights Act of 1964, as amended.

~ :.t'l_.

J
I further believe that a class of females have been subjected to ~md~r~

sexual harassment while working for this employer.

EXHIBIT-C

. .

o I want thU Charge rUed wun both tn. EEOC and the State 0 NOTARY· (When necessary for State and local Reilrements)
:-:_-1 local Agency, 1t any I will advise the agenc1es 1t I change IIIY~_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

address or telephone number and cooperate tully wlth them 1n the I swear or attlr~ that I have read tb' aDove Charge and that

rocessln ot III char e 1n accordance _1th tnelr rOCfduras

1t lS true to the best ot ay kn~ledg•• lntormatton and Dellet

I declare under penalty ot perjury that tne toregolng 1s true and correct

OAM 5 (Ray 06."991

J

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 24 of 38

bF CHARG.. DISCRIMINATION

' AOENCY

CRAHn NUMBER

0 thl' torm 11 afrectad by th. P~1~.cy Act of 1974j S•• P~iY.cy Act Statam.nt D.for_
••~l.t1ng thiS ror••

iii

FEPA
EEOC

AMENDED 380A10074

Setlttle Q(f"j,g!l [ot: C;!.v1l. B:1sbtc& Smle ",localAgrIIIq. ifturj

and EEOC

" ... ME (Ind/~II'1I Hr. # If•• , IfN.)

HOle TELEPHONE (EM'_ Al'N (lod..)

Ms. _Jlachel Bea15
STREET "'DQ~ESS

CITY, 8TATE ANO ZIP coaE

(206) 2~~-0C;6=>
DATE OF 8JRT"

220~ 2nd Ave. AD!.. 211 Seattle WA q8121

b7/22'1Q77

NAMED IS THE EMPLOYER, LABOR ORGANIZATION, EMPLOYMENT AGENCY APPRENTICESHIP COMMITTEE,

I I aTAT! OR LOOAL eOV~RNM!NT AGeNCY WHO tnscllIIiINATED AGAINST 1110 (U~ ......~ JlI' ",-.J

MAlE

NUMBER 01 ~MPLO"ES, MEIIERS TELEPHONE (1""1.... Arw. - I

Dba WSeattle Hotel
STREET ADDRUS

Cat C (201-0;0n1
_ OITY, STATE AND U' CODE

(206) 264-6nno
COUITY

1112 4th Ave. Seattle WA q8121
NAUE

O'!'! ELEPHONE NUlleEA(lMl_ A,.". COftJ

STREET ADDRUS

CITT, STATE AHD ZIP CODE

COUITY

CAUsE OF DISCHIMnATID" BASiO ON (~~k ~~rt.~c b9x(~.))

DATE DlSC~IMINATION TOOK PLAce

o DRAcE

DeolQR

IXlsu DRELIQION D NATIONAL DRlQlN

[g] JUETALIATION

DAn

DICAlItLITY DOT""' ,_'')')

THI PARTICUt.APlI "II'! (.tr ~<1t1JL.llJn#..z 8p.a. J# l1et:dcd, •• IAch "z#n ~hrr:'f.JJ:
On an ongoing bas1s since approximately August 10,

JWlI.IUT

1.<1'En'

08/10/1999 12/15/2000
,,::1!Xl CONTINUING ACTION
~ I have been

O!Iubjected to a hostile work environment. I am require~ to wear a

uniform that I feel is revealing and makes me uncomfortable. I believe

that the uniform encourages customers to sexually harass me.

I have made numerous complaints to managers and to ~ecuritj" about the sexual harassment, and I am always told that it 1s being taken care of, however, they have ralled to stop It. Management, security and human resources have made me feel that my complaints are unnecessary and insignificant. Por example, 1n May, 2000 I :11ed a report over an incident in which I was sexually harassed by an Off-duty manager who was intoxicated. That manager left, but I am still subjected to sexual
harassment by Wpersonnel and customers. For example, the food and
beverage director told me that I needed to make the slit in my sk1rt hi~her because "That's how you make your money". After I complained to management of the harassmen~ I was retaliated against. I was forced to
constructively discharge on December 15, 2000.

I believe that I have been sexually harassed and retaliated against in violation of Title VII of the Civil Rights Act of 1964, as amended.

I rurther believe that a class of females have been SUbJected to similar lIexual harallllment., retaliation and oonstructive 'discharge.

I want tnlS ch.~g. HUG wun both tho EEOC and tho Stat. or NOTARY· (Whon ",CIIUry for stat. Ind Local Raquirtll9nts)

lOCal Agonoy, 11 any. I w1l1 advi', the ag.nei.s if t ~h.h9. my

! addr... or telepho~. ~UMb.r and coop.rltt fbllY WItn tn.. 1n tn.
prooe•• 1n~ of .Y ChArge in Iccord.n.1 wlth t""lr pro.Odur•••

I "UI" 01" .t11n that t l\aV. road th. DO". c:hara. and that it is true to tho Hst 01 .y Mnowl.ldgl. lIIto....Uon and b.llet.

1 lSoclaro unCler pennty OT FOr] ury 1hat tilt forqOlng u true

SIGNATVAE OF oQolptAlNANT

i

J~jl~L~ SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE (Month, 1101 allD yur)

.~..... rUNI 5 (HO'. Qmt.l

Case

2:01-cv-C00H7A0:3-TESZOF

Document 19 Filed DISCRIMINATION

11/01/2001AGENPCaYge

25 CoHfA3RG8E

NUUBER

0 ThiS form 15 atfec[ed by the Privacy Act or 1974, See Privacy Act State.ent before
complet lng thl$ 1'orlll

IX)

FEPA EEOC

3tJtJ4! 0227

Seatpe Ofqce for ~lvtl !l1gtlts SitU, or localAgency. 'fany

and EEOC

NAUE (Inr.1i.cat.e ,¥r • )/:1 • Ifrs )

HOllE TELEPHONE (Include Area COde)

Ms KaSle A. Barker

(2061 <;21_276~

STREET ADDRESS

CITY, STATE ANO ZIP CODE

DATE OF BIRTH

8620 21rd Ave. N E - Ant B 101 Seattle WA g811<;

l2/28/1n7

I I I'" ) NAMED IS THE EMPLOYER, LABOR ORGANIZATION, EMPLOYMENT AGENCY APPRENTICESHIP COMMITTEE,

STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME (If "",... ...n on. "I.~

NAYE

NUMBER OF eMPLOYEES, MEIIBERS TELEPHOHE (/nr:ludfl Area CGd~)

W Hotel
STREET ADDRESS

Cat B (101-200J
ctTY • STATE AHD ZIP CODE

(2061 264-6000
COUNTY

1112 Fourth Ave. Seattle WA g8104
NAME

033
TELEPHONE NUUSER fIm:lud~ Ant-II. Code)

STREET ADDRESS

CITY I STATE AND ZIP CODE

COUNTY

CAUSE OF OISCRIUINATION BASED ON ((;heck appropriac~ IJOr(~.s)J

!Xl DRACE

D COLOR

o o RETAL!ATION

DAGE

SEX

D RELIGION

DNATIONAL ORIGIN

D DISABILITY

OTHER rsp~cuy)

DATE OISCRIUI"ATIOU TOOK PLACE

EARLIEST

UTEST

11/15/1999 11/28/2000
[ZJ corHIUUHIG ACTION

THE PARTICULARS ARE (II iJ.ddi:!.:Jn021 spac~ !s nee"e:J, .uctac'l er:r:r she/f:(s))
I have been employed as a bever-age ser-ver at thls hotel Slnce August of 1999. Throughout most of the time I have been employed I have been work:!.ng in what seems to be a sexually hostile enviroment. The staff in the hotel's bar have frequently complained about unwanted sexual COTl1.ry'lent~ nr contact fr-om cus tomers. but very little has been done to make our workplace safer and more manageable. The requirement that the female beverage server-s wear provocatlve uniforms has added to the frequency with which customers speak or act toward us in a sexual manner. I was frequently called "Barbie" by my former manager, and was repeatedly approached by him for a "hug") even though this contact was unwanted. When I complalned of unwanted contact by customers the manager made no effort to change the behavior or the general condltions of work.

I believe that the employer's failure to provide a workplace free of harassment is a violation of Title VII of the Civil Rights Act of 1964, as amended.

__ :-- I

~

.-"'~

I
1~'

rH::t;~i ".: - - .~..,

NOV 2 8 LeGG

EXHIBIT,£

EEOC SEATTLE

c:J I want thls Charge tiled with both the EEOC and the stat. 0 NOTARY" (When necessary tor State and Local Requirelllents)

loeal Agoncy, 1f any 1 wll1 advlse tbe agenCies if I Change .y

address or telephone number and cooperate fully with them 1n the I swear or afUna that I have read the above Charge and that

procesSlMQ or mv charae in accordance wUh their procedureS

it 1$ true to the best of .y knowledge, information and belief

I declare under penalty at perjury that the rorego1ng ls true and correct

SIGNATURE OF COMPLAINANT

\\12:5/ (J;) ·~l~L A 1{X1-0 C/t-t../

Oate
EEOC FOHIJ :) (Rev 06199)

Charglng Party (Sf,''1I''''''')

J L . f!' SUBSCRIBED AND SWORN TO BEFOftE ME THIS DATE

1/(uontn, day and ytar) &r'?"<"2'"c' -...::.

..... ,,4- ~ .......---

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 26 of 38

C~OF DISCRIMINATION

-.. "BUilT

form Is affect,• •, t~ Pr!vaay Act .1 1lt4; I •• priv.oy ~t st*t...ft! a.rbP.

FE'"
1100

380A10~21

tJ RACE

0 COlOII

Ilhex 0 ML1G10K 0 "~nllllAl 01111:1.

00 ktT"LJ"TrO. O ....c

o .1&A1lLlTY 0 orllCR '_'~J

12/23/2000

PARTICUI.Ma '''Ie rzr UlUUIltMJ U.H .II: ~. IIt:u.t ft,ftN IItHcrllJl
have been employed as a beverage server at this hotel bince August of 1999. Throughout moet or the time I have been "~loved I have been
sUbjected to a hostile work env1roment. The staff in the hotel-s oar
have frequently complained about unwanted sexual comments or contact from cu~tomer& and managers, but very little has been done to make our workplace Bafer a~d more manag8abl~. The requirement that the female beverage Servers wear provoeative uniforms haa added to the frequencl With which customers speak or act toward us in a sexual manner. I was frequently oalled ftBarbie" by my former manager, and waG repeatedly approached by him for a Whuga , even tnough ~h18 contact was unwanted. When I complained of unwanted contact hy customers and harassment by management. I was retaliated against and constructively discharged on December 23. 2000. I believe that the emplOYer's tailure to provide a workplace free of harassment and retaliation lb a violation of Title VII of the Civil Rights Act of 1964. as amended.

I further believe that a class of females has been eub~ected ,e~ual harassment, retaliatio~and oonstructive discharge.

-'HI'1/ 'al' 1 ..1It tllis ""11"11<1 rUN .1t11 IOtn tUf Et;ac _ the stata .... NOTARY - ,.......

IUtt .....

AgO",. lood

if allY_ I wllll.<b, tho ~•• if I c"""" ",I-------------:-~-----_I

""t uNreN vr t.bphoM n~.r AhGl ••4Ift__._ tuuy W1.1.11 I.... U tM .1 H'I&r" OJ" affiN t .....t I 1tI¥. HI" tn.

1t 1.1 trUi to till

tit ~ _"",

,nil tU't
&lid MllfT.

'...,,,..- TO BEFORE ME TH!8

119-qor Salta d eS8-1

11890ZZ90Z

OOU 3ON3AV lSI eoe ::033:IIOJ~ so tl IO-tO-~dV

Case 2:01-cCv-H0A07P03-:TOSFZ DISDCocRuImMeINnAt 1T9ION Filed 11/01/200A1GENCPYage 27CHoAfRG3E8 NUMBER

0 Thts form is affected by tne Prtvacy A~t or 1974, s •• privacy Act State•• nt DefOre 00 completlng thU form

Ft:PA
EEOC

380A10091

Washlngton Stat~ HYman Rlgllts Cgmm
State or kJcaJ Apcy, Ifany

and EEOC

NAME (IndtcItC~ tfr • ,"1$ • Jlrs )

HOME TELEPHONE (Include Ana C(JrJ~)

Mr. Steven P. Sloan

(206) ,68-2640

STREET ADDRESS

CITY. STATE AND ZIP CODE

11 DATE OF BIRTH

2148 1'1 148th Street Seattle WA 981"

10101/1968

NAMED IS THE EMPLOYER, LABOR ORGANIZATION, EMPLOYMENT AGENCY APPRENTICESHIP COMMITTEE,

STATE OR LOCAL GOVERNMENT AGENCY WHO OISCRIMINATED AGAINST ME rrr ~ ,... ""~ 11>, .el••. )

NAME

1 t NUMBER OF eMPLOYEES. MEIIBERS TELEPHONE (Include An. Codl)

W Hotel
STREET ADDRESS

Cat D (0;01 +)
CITY, STATE AND ZIP CODE

(206) 264-6000
1 COUNTY

1112 Fourth Ave. Seattle WA 98104
H-''''E

0"
TELEPHONE NuueER ([nelude Ana Cade)

STREET ADDRESS

CITY. STATE AND ZIP CODE

I COUNTY

CAUSE OF OISCRIUINATION BASED ON (t:h~ck approprt.ce box(esJ)

IXI o DRACE

D COLOR

o D RETALIATION DAGE

SEX

D RELIGION

NATIONAL ORIGIN

D DISABILITY

OTHeR(Sp~ciry)

THE PARTICULARS ARE fIr add1Cio"al spactt is n~ttdttd. aeeacn ~xe"l1 shJ:~e(s))

DATE OISCRIUINATION TOOK PLACe

EARLIEST

LATEST

12/01/1999 10/1712QOO
IX! CONT!NU!NG ACTIO'.

I was hired on August 9 , 1999 as a cocktail server. During my
employment I have seen Respondent allow customers to grope employees and
allowed offensive pornographic materials to be displayed. Respondent also allowed managers to grope female employees and did not take effective action to prevent and correct these offensive behav~ors. Therefore, the Respondent allowed a host~le work environment to
flourish.

I bel~eve that I have been subjected to a sexually hostile work
.. environment, in Violation of T~tle VII of the Civl.l R~ghts Ac t of 1964
as amended.

-
RECEIVED IN ,I
OCT 18 2000
-
EEOC SEATTLE

EXHIBIT..£:

E:J I want th1s cnarge 111e4 wltn both th. EEOC an4 tn. State 0 NOTARY - (When necl$sary for State an4 Local Requirements)

local Agency, 11 any. I wl11 a4vlse the agenc1es 11 1 Change .Y

a4dress or tel.phone number and cooperate fully wlth the. 1n the I swear or atUn. tIIat I have read the atloye charge and trlat

processina of IlY charge 1n accor4anc. wlth their procedurts

1t 1s true to the best of ay knowledge, informat10n and belief

1 declare under penalty of perjury that tne foregoing 1s true and correct

SIGNATURE OF COMPLAINANT

~z~/
D.,. It; - / 1· ,/11
E:EOC FORu :I tReY 06/99)

SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE
(Uonth, day and year)

r----.-----.----_______
Case 2:01-cv-C00H7A0R3-GTESZ -: DDoIScCumRIeMnItN1A9TIOFNiled 11/01/2001 Page 28 of 38

W'UI_ll 1 n iZ t on :;; tat e IIll ma rL...Il..1.gh 1;. "S..,....C;>9..I.DIUIDlL...._ _ _ _ _ S_ or IO<'D/~ .fdIIJ'

ar.c: F:gOe

~-(ln-d~',~.~~~.~~~.-.~"'=.~.7)----------------------r.H~O~.~~~rE~L~E~P~HO~H~E~i~h-.~,W-.~~"'-,~C~-!~

.1',z:~ __~teven P. Sloan
STREET MlDAESS

_ . ! 2Q6) 368-2640

en". STArE AND lIP COOE

DATE of BlRT"

2'l48 N 148th Street Seattle. WA 98133

0/01,/1968

NAMED IS THE eMPLOYER, LABOR OROANIZATION, EMPLOYMENT AGENCY APPRENTICESHIP COMMITTEE.

STATe OR LOC...L OOVERNMENT AGENCY WH.O DISCRIMINATED AGAINST liE err_ ......... ,u• ..,••. )

J NANe S tarwood Hotels and Resorts, Inc _ HUller. OF EKPLQYEES. lellBERS /TELE.MOIIE (......,........ CON)

--2-ba W S
!shEET ...DDRESS

e

a

t

t

lei
eny. sr...TE ....

DC~aJtP

D (<;01
CODE

-1-)

(2061 264-6000
COUNTY

HI=< Fourth Ave. Se.aUle. J{J\...9..fl.t.04
NAME

O'l'l
ElEPHOle IUII8tll' rI'flll4.e/ft ..~ Codfl)

STREET ,,00R58a

r;]TV. STATE AND UP CODe

COUHT'Y

....u•• Of ot.C•••,~. ,01 BMED Ou (:Mol: J9_,.1.", D01I(••)}-·---------j--;O:::A.T"E-;I);;I~.CII=[C;;K~IN::A::T:!-IO::H:-:-IO::O::K;-;;:P=-LA:-:C"'E:-l

DRACE

0 COLOR

IXISEX

o RELIGION

0 MAUO.....L ORIGIN

IXI RET~L l"'llO. 0 "'CE

0 0 DIS"'ULITY

OTHER ISp"Uj)

£f//UZ8r

141'tS1'

12/01/1999

iXl CGKnlUUG ~CTtCK

THE PARTICUlAIiS ARI: (rr AddU.tOM.J .p.Je. 11 Jlftd#d. ace.tClI utr' unf/H.}).
Since 1 have been employed by Respondent I have been subjected to a hostile work environment_ I Was hired on August 9, 1999 as a cocktall server. Curing my employment I have seen Respondent allow customers to
grope employees ane allowed offensive pornographic materials to be displayed. Respondent also allowed managers to grope female employees

and did net take effective action to prevent and correct these offensive behaviors. Therefore, the Respondent allowed a host~:e work environment to flourtsh in weich my co-workers and I were verbally and physically harassed.

I believe that I have been subjected to a sexually hostile work environment. in Violation of Title VII of the Civil Rights Act of 1964
as amended.

Amencment: At present I am being retaliated against in that ma~agement retuses to talk to me and gives me the ~eold shoulder.· I believe this is in retaliation tor ~y oPPosit1on to the hostile work environment that ~ co-workers and I have been subjected to.
:.~ %
~<2<'h-/
~'oO ~
~~~ ~,

'IRnt thl$ ch&t"oe tll~ _un both the EEOC and the state or NOTARY - (Whtn Mcenary for stlte am1 LOGIl Requlreeeab)

,

~ocal AOoncy. if ...y. I will advi.. til. agonell. 11 I Cbango .yf-----=--::-:-::-:----::-~-:-----;-:::::-­

addrO.u or telephone lltIIIIber aMI: coopera1e tUlly wIth tflOlJ 1n the I near or aNlJ'a tn.t X have rtu the IDOVf cauge and: that

pr"OcesaiClG 01 my Charae in "corda_c_ rnth ttle!J" DrCIcedUr.'_

1t 1S truo to the Dut 01 ay Jmowl~r infCl.....tlOn and bellef. :

I declare "ncI.r peMlty of P"-Jtry -.;n.at' the f.orego1ng '". tt'tM aM correct

.aw , EEOC

IR'v. Ol/v.)

~~RIBED 7 / ? (-/ SIGNA.]!!!.E OF~"./ 0 SWORN TO BEFoRE ME THIS'CATE ,Wonth, day mel ,.tar)
? I~"-Go (

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/200)1 Page 29 of 38
RECEIVED

APR I 3 2001

u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSIONWlEH" ;;;;":,.,~';fi, I,;.ii'

Seattle District Office
APR 1 0 2001

Federal Office Budding
909 FIrSt Ave, SUite 400 SeoUle, WA 98104-1061
PII: (206) 220-6883 TOD: (206) 220-6882 FAX (206) 220-6911

Brandi L. McGuire 2348 N. 148th Street
Shoreline, WA 98133

Charge No. 380Al0048 Amended Charging Party

Starwood Hotels & Resorts, Inc. dba W Seattle Hotel 1112 Fourth Avenue Seattle, WA 98101

Respondent

DETERMINATION

Under the authority vested m me by the CommiSSIon, I issue the following determination as to
the merits of the subject charge filed under Title vn of the Civil Rights Act of 1964, as
amended.
All requirements for coverage have been met Charging Party alleged that she was discriminated against because of her sex, in violation of Title VIT. She alleges that she was sexually harassed and that she cOiiiflIained to management about the harassment, that the harassment was not corrected, and that she was forced to resign. She also alleged that after she complained, she suffered retaliation from the Respondent. Further, she alleges that a class of females have been subjected to similar sexual harassment, retaliation and forced resignation.
During the investigation, all relevant, available witnesses were interviewed, and all relevant documents were reviewed I have considered all the evidence disclosed during the investigation and have detenmned that there is reasonable cause to believe that there is a
violation of Title vn with regard to Charging Party's allegations.
Upon fmding that there is reason to believe that violations have occurred, the Commission attempts to eliminate the alleged unlawful practices by informal methods of conciliation. Therefore, the Commission now invites the parties to join with it in reaching a just resolution
EXHIBITI

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 30 of 38
of this matter. The Comrrussion will also consider compensatory and punitIve damages available under the law for the Charging Party and all similarly situated aggrieved parties.
If the Respondent declines to diSCUSS settlement or when, for any other reason, a settlement acceptable to the office Director is not obtarned, the Director will inform the parties and advise them of the court enforcement alternatIves available to aggrieved persons and the CommisSion. Disclosure of information obtained by the Commission during the conciliation process will be
vn made in accordance with Section 706(b) of Title and Section 1601.26 of the Commission's
procedural regulations. A Commission representatIve will contact each party in the near futJ.lre to begin conciliation.

On behalf of the Commission

APR t 0 zoot

J ~EV~YO l
District Director

cc: Eve Wagner, Attorney for Charging Party Elizabeth K. Reeve, Attorney for Respondent

Case 2:01-cv-00703-T)SZ Document 19 Filed 11/01/2001 Page 31 of 38 RECEIVED

APR 1 3 2001

u.s. EQUAL

EMPLOYMENT OPPORTUNITY Seattle District Office

CO

M

MISS

I

ONSAUER Feder2I

& WAr.NI=R
oflicill'iiilamg

r r _
'--,

909 First Ave., Swte 400

APR 1 0 2001

SeaaJe, WA 98104-1061 PH. (206) 220-6883
TDD (206) 220-6882

PAX: (206) 220-6911

Clare E. McFadden 6418 First Ave. N.E. Seattle, WA 98115

Charge No. 380A10178 Amended Charging Party

Starwood Hotels & Resorts, Inc. dba W Seattle Hotel 1112 Fourth Avenue Seattle, WA 98101

Respondent

DETERMINATION

Under the authority vested in me by the Commission, I issue the following determination as to the merits of the subject charge filed under Title VII of the Civil Rights Act of 1964, as amended
All requirements for coverage have been met. Charging Party alleged that she was dIScriminated agaipst because of her sex, in violation of Title VII. She alleges that she was sexually harassed and that she complained to management about the harassment, that the harassment was not corrected, and that she was forced to resign. She also alleged that after she complained, she suffered retaliation from the Respondent. Further, she alleges that a class of females have been subjected to similar sexual harassment, retaliation and forced resignation.
During the investigation, all relevant, available witnesses were interviewed, and all relevant documents were reviewed. I have considered all the evidence disclosed during the investigation and have determined that there is reasonable cause to believe that there is a violation of Title VII with regard to Charging Party's allegations
Upon finding that there is reason to believe that violations have occurred, the Commission attempts to eliminate the alleged unlawful practices by informal methods of conciliation. Therefore, the Commission now invites the parties to join with it in reaching a just resolution

Case 2:01-cv-00703-T)SZ Document 19 Filed 11/01/20"0)1 Page 32 of 38
~
of thiS matter The COIrumsslon will also consider compensatory and punitive damages available under the law for the Chargmg Party and all similarly situated aggrieVed parties.
If the Respondent declines to diSCUSS settlement or when, for any other reason, a settlement acceptable to the office Director is not obtamed, the Director will inform the parties and adVise them of the court enforcement alternatives available to aggneved persons and the CommisSion. Disclosure of infonnation obtained by the Commission during the conciliation process will be
made in accordance with Section 706(b) of Title vn and Section 1601.26 of the Commission's
procedural regulations. A Commission representative will contact each party in the near future to begin conciliation.
On behalf of the Commission

APR 1 02001

~~.~
JE~EINO
District Director

cc· Eve Wagner, Attorney for Charging Party Elizabeth K. Reeve, Attorney for Respondent

Case 2:01-cv-00703-T)SZ Document 19 Filed 11/01/200) 1 Page 33 of 38 RECEIVED

u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION APR 1 3 Z001

Seattle District Office

UUEB ~_ UP

APR 1 0 2001

909 Fmt Ave. Suue 400 Seallie. WA 98104-1061
PH (206) 220-6883 TOD' (206) 220-6882 PAX (206) 22Q.<\9U

Rachel Beals
700 East Denny Way #5m
Seattle, WA 98122

Charge No. 380A10074 Amended Charging Party

Starwood Hotels & Resorts, Inc. dba W Seattle Hotel 1112 Fourth Avenue Seattle, WA 98101

Respondent

DETERMINATION

Under the authority vested in me by the Commission, I issue the following determination as to
the merits of the subject charge filed under Title vn of the Civil Rights Act of 1964, as
amended.
All requirements for coverage have been met. Charging Party alleged that she was
discriminated ag~t because of her sex, in violation of Title vn. She alleges that she was
sexually harassed and that she complained to management about the harassment, that the harassment was not corrected, and that she was forced to resign. She also .alleged that after she complained, she suffered retaliation from the Respondent. Further, she alleges that a class of females have been subjected to similar sexual harassment, retaliation and forced resignation.
During the investigation, all relevant, available witnesses were interviewed, and all relevant documents were revieWed. I have considered all the evidence disclosed during the investigation and have determined that there is reasonable cause to believe that there is a violation of Title VII with regard to Charging Party's allegations.
Upon finding that there is reason to believe that violations have occurred, the Commission attempts to eliminate the alleged unlawful practices by informal methods of conciliation. Therefore, the Commission now invites the parties to join with it in reaching a just resolution

,
Case 2:01-cv-00703)-TSZ Document 19 Filed 11/01/2001 Page 34 of 38
of this matter. The COlIlIll1ssion wIll also consider compensatory and punitive damages avaIlable under the law for the Charging Party and all sllllilarly situated aggrieved parties.
If the Respondent declines to discuss settlement or when, for any other reason, a settlement acceptable to the office Director is not obtained, the Dtrector will inform the parties and advise them of the court enforcement alternatives available to aggrieved persons and the Commission. Disclosure of information obtained by the Commission during the conciliation process will be
made in accordance with Section 706(b) of Title vn and Section 1601.26 of the Commission's
procedural regulations. A Commission representative will contact each party in the near future to begin conciliation.

APR 1 02001

On behalf of the Commission

cc: Eve Wagner, Attorney for Charging Party Elizabeth K. Reeve, Attorney for Respondent

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 35 RofE38CEIVED

APR 1 3 2001

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSIO~UEfi & WAGNt.-: l~!"

Seattle District Office

Pederal Office Budding

APR t 0 l001

909 Pirst Ave•• SullO 400 Seattle. WA 98104-1061
PH. (lIl6) 221).6183 TOD' (206) 220-6882 PAX. (lIl6) 220-6911

Kasie A. Barker 8620 - 23rd Ave. N.E. Apt. B-101 Seattle, WA 98115

Charge No. 380AI0227 Amended Charging Party

Starwood Hotels & Resorts, Inc. dba W Seattle Hotel 1112 Fourth Avenue Seattle, WA 98101

Respondent

DETERMINAnON

Under the authority vested ill me by the Commission, I issue the following determination as to the merits of the subject charge filed under Title Vll of the Civil Rights Act of 1964, as amended
All requirements for coverage have been met. Charging Party alleged that she was discriminated ag~t because of her sex, in violation of Title Vll. She alleges that she was sexually harassed and that she complained to management about the harassment, that the harassment was not corrected, and that she was forced to resign. She also alleged that after she complained, she suffered retaliation from the Respondent. Further, she alleges that a class of females have been subjected to similar sexual harassment, retaliation and forced resignation.
During the investigation, all relevant, available witnesses were interviewed, and all relevant documents were reviewed. I have considered all the evidence disclosed during the investigation and have determined that there is reasonable cause to believe that there is a violation of Title VII with regard to Charging Party's allegations.
Upon finding that there is reason to believe that violations have occurred, the Commission attempts to eliminate the alleged unlawful practices by informal methods of conciliation. Therefore. the Commission now invites the parties to join with it in reaching a just resolution

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 36 of 38
of this matter. The Commission will also consider compensatory and punitive damages available under the law for the Charging Party and all sllIDlarly Situated aggrieved parties
If the Respondent declmes to discuss settlement or when, for any other reason, a settlement acceptable to the office Director IS not obtamed, the Director will inform the parties and advise them of the court enforcement alternatives available to aggrieved persons and the Commission. Disclosure of informatIon obtained by the Commission during the conciliation process will be
made in accordance with Section 706(b) ofTitlC; vn and Section 1601.26 of the Commission's
procedural regulations. A Commission representative will contact each party m the near future to begin conciliation.

On behalf of the Commission

APR 1 0 2001

-IE-~...,q:TT~E!....M":"';:':.~ D~~!~~rLEIN L!::.E:looIN:::.OJ'--'--=:......::"

cc: Eve Wagner, Attorney for Charging Party Elizabeth K. Reeve, Attorney for Respondent

•

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 37 of 38

U.S. EQUAL EMI>LOYMENT OPPORTUNITY COMMISSION

Seattle DIstrict Office
APR j a200f

F _ 011"... SuUdia« 9O\l Flnt AYO.. ~itc.fQO
- . \\IA 981CJ4.10lS1 PH: (2116) ~
TOD: CZI)6) llQ.0882

fAX: (2116) 220.6)11

Steven P. Sloan 2348 N. 148mStreet
Seattle, WA 98133

Charge No. 380AlOO91 Amended Chargmg Party

Starwood Hotels & Resorts, Inc. dba W SeattIe Hotel 1112 Fourth Avenue Seattle, WA 98101

Respondent

DETERMINATION

Under the authority vested in me by the COmmission, I issue the following detenniIJation as to
the merits of the subject charge filed under Title vn of tb.e Civil Rights Act of 1964, as
amended.
All requirements for coverage bave been met. Charging Party alleged that Respondent discriminated against him in that he was SUbjected to a sexually hostile work: environment, in violation of Title VII, and that he suffered retaliation from the Respondent for his opposition to the hostile work envirocment in which he and his female co-workers were required to work.
During the investigation, all relevaDt, available Vlitnesses were interViC'Ned, and all relevant documents were reviewed. I bave considered all the evidence disclosed. during the Investigation and have determined that there is reasonable cause to believe that Ihere is a violation of Title VII with regard to Charging Party's allegations.
Upon tloding that there is reason to believe that violations have occurred, the Commission altempts to eliminate the alleged unlawful practices by informal methods of conciliation. Therefore, the Commission now Invites the parties to join with it in reaching a just resolution of this matter. The Commission will also consider compensatoxy and punitive damages available under the law for the Charging Party and all similarly situated aggriQVed parties.

Case 2:01-cv-00703-TSZ Document 19 Filed 11/01/2001 Page 38 of 38
If the Respoodcmt declines La discuss settlement or when. for any othct rcason, a setUernem acceptable to the office Director is not obtained, the Director will inform the parties and advise them of the coun enforcement alternatives available to aggrieved persons and the Commission. Disclosure of information obtained by the Commission during the conciHaUoll proc=; will be made in accordance with Section 706{b) ofTitlc VII and Section 1601.26 of the Commission's procedural regulations. A Commission representative will COJ1IaCt each party in the near future to beg1n conciliation.

APR t 02001

On behalf of the Commission

cc: Elizabeth K. Reeve, Attorney for Respondent

 </s> G.HG1NAL Case 2:01-cv-00703-TSZ Document 30 Filed 04/29/2002 Page 1 of 17

HONORABL&l.tlOMAS S. ZILLY
roJIJOGE ru
2

3

APR 292002

4

WESTCEL.ERRNKOUI1~'l«;~S'ER~P~,rTTSl~EG1AC9OHUIRNTGTODE~.' ,..

5

""

UNITED STATES DISTRICT COURT c! .

WESTERN DISTRICT OF WASHINGroN",···

6

AT SEATTLE

BY

7 8 9 10 11
12
13
14
~, 16
~ 17 18 I'l
V, 19
:'" 20
~ 21 22

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

and

)

)

BRANDI MCGUIRE, CLARE MCFADDEN, )

RACHEL BEALS, KASIE BARKER, and

)

STEVEN SLOAN,

)

)

Plaintiffs-in-Intervention

)

)

v.

)

)

STARWOOD HOTEL & RESORTS

)

WORLDWIDE, dba W SEATTLE HOTEL

)

)

)

Defendant.

)

--------------------------)

NO. C01-703Z
CONSENT DECREE AND [PROP03EDj ORDER OF DISMISSAL

I. INTRODUCTION

1. This action originated with discrimination charges filed by Brandi McGuire,

Clare McFadden. Rachel Beals, Kasie Barker, and Steven Sloan ("Charging Parties")

with the Equal Employment Opportunity Commission. The Charging Parties alleged

Starwood Hotel & Resorts Worldwide, dba W Seattle Hotel ("Defendant") discriminated

23 against them on the basis of sex by subjecting them to sexual harassment, retaliation,

24 and/or constructive discharge, in violation of Title VII of the Civil Rights Act of 1964, as

25 amended (''Title VII"), 42 U.S.C. § 2000e et seq.

CONSENT DECREE - 1

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Oistrict Office
909 First Avenue, Suite 400 5eGttlt:, Washington 98104-1061
TelephoM: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

Case 2:01-cv-00703-TSZ Document 30 Filed 04/29/2002 Page 2 of 17

2. The EEOC sent Defendant Letters of Determination with findings of

2 reasonable cause that it had violated Title VII.

3

3. The Commission filed this lawsuit on May 21,2001 in the United States

4 District Court for the Western District of Washington at Seattle on behalf of the

5 Charging Parties and other similarly situated female employees ("Class Members"),

6 alleging they also experienced sexual harassment, retaliation, and/or constructive

7 discharge.

8

4. The Charging Parties and Defendant settled their claims separately.

9 Here, the EEOC and Defendant want to conclude all claims of Class Members, other

10 than the Charging Parties, including but not limited to claims of Tiffany Cumiford

II ("Cumiford"), Sarah Small ("Small"), and Megan Murphy ("Murphy"), without expending

12 further resources in contested litigation.

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

14

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

IS adjudication or finding on the merits of the case. This Consent Decree shall not be

16 used as evidence of liability or for purposes of res judicata or collateral estoppel in any

17 legal proceeding against the Defendant. Neither the agreement to enter this Decree,

18 nor the Decree shall be admissible in any proceeding as an admission by Defendant of

19 any violation of, failure to comply with, interference, retaliation or obstruction of

20 compliance with Title VII or any other employment law or order.

21

III. SETTLEMENT SCOPE

22

6. This Consent Decree is the final and complete resolution of all Title VII

23 allegations of unlawful employment practices contained in the complaints filed herein on

24 behalf of the Class Members by the EEOC other than the Charging Parties, including all

25 claims by the Class Members for attorney fees and costs. The terms of this Consent

CONSENT DECREE - 2

u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Seottle District Office
909 First Avenue., SUite 400 Seattle, WQshington 98104·1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD: (206) 220-6882

Case 2:01-cv-00703-TSZ Document 30 Filed 04/29/2002 Page 3 of 17

1 0, !cree shall apply only to the W Seattle Hotel site. The Consent Decree resolves all

2 iSI ;ues and claims arising out of this Complaint and is binding and final as to all such

3 iSI ;ues and claims.

4

IV. JURISDICTION AND VENUE

5

7.

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

6 1: 37, 1343 and 1345. Plaintiff EEOC's action is authorized pursuant to Sections

7 7C 5(g)(6), 706(f)(1) and (3) and Section 707 of Title VII of the Civil Rights Act of 1964,

8 aE amended, 42 U.S.C. §§2000e-4(f)(6), 2000e-5(f)(1) and (3) and 2000e-6 ("Title VII")

9 ar d Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a. The employment

10 pr 3ctices alleged to be unlawful in the EEOC's Complaint filed herein occurred within

11 th ~ jurisdiction of the United States District Court for the Western District of

12 ~ashington.

13

V. DEFINITION OF TERMS

14

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

15

8. 'The Effective Date of the Consent Decree" is the date the United States

16 Di strict Court for the Western District of Washington at Seattle enters the Consent

17 01 !cree and (Proposed) Order of Dismissal.

18

9. Unless otherwise indicated, the word "days" refers to calendar days.

19

10. "Formal or Informal Complaints" includes any complaint, whether written

20 or oral, made to the Human Resources Director or the General Manager of the W

21 SI,attle Hotel, or the Human Resources Department of Defendant in White Plains, New

22 Yc -rk.

23

VI. MONETARY RELIEF

24

11. In settlement of the EEOC's claims in this lawsuit, including the claims of

25 CI3ss Members, but not the claims of the Charging Parties, the Defendant has agreed

C( INSENT DECREE - 3

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

Case 2:01-cv-00703-TSZ Document 30 Filed 04/29/2002 Page 4 of 17

1 to pay the Class Members the total lump sum of $100,000.00 less applicable

2 with holdings required by law. At the time of receipt of executed Release Agreements

3 from Class Members, Defendant will execute and return this Consent Decree to the

4 EEOC for entry with the Court. Within ten (10) days of receipt of executed Release

5 Agreements from the Class Members, the Defendant shall mail to the Class Members

6 the following settlement amounts less applicable withholdings as required by law

7 consistent with amounts set out in Exhibit 1 attached.

8

VII. INJUNCTIVE RELIEF

9

A. Compliance with Title VII

10

12. Defendant reaffirms its commitment to comply with Title VII. To further

II this commitment, the Defendant shall monitor the affirmative obligations of this Consent

12 Decree. The terms of this Consent Decree apply to all applicants and employees of the

13 W Hotel Seattle.

14

13. The Defendant will not retaliate against any applicant or employee for

15 opposing a practice deemed unlawful by Title VII or for making a charge, testifying,

16 assisting, or participating in any investigation, proceeding, or hearing associated with

17 this action.

18

14. Defendant, its officers, agents, and employees are hereby enjoined from

19 engaging in personnel practices which unlawfully discriminate against applicants and

20 employees in violation of Title VII. In recognition of its obligations under Title VII, the

21 Defendant will institute the policies and practices set forth below.

22

B. Retention of Sexual Harassment Consultant

23

15. Defendant will retain, at defendant's expense, a sexual harassment

24 consultant to conduct an internal review and audit of the company's sexual harassment

25 policy and complaint procedure. If necessary, defendant will adopt a new written equal

CONSENT DECREE - 4

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office. 909 First Avenue., Suite 4(lO
Seattle, Wasnington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220·6911 TDD: (206) 220-6882

Case 2:01-cv-00703-TSZ Document 30 Filed 04/29/2002 Page 5 of 17

I employment opportunity policy which sets forth the requirements of federal laws against

2 employment discrimination and specifically those provisions which make sexual

3 harassment unlawful and which make it unlawful to retaliate against any current or

4 former employee for opposing any practice made unlawful by Title VII.

5

16. Defendant will improve and strengthen its existing policies against

6 discriminatory employment practices based on sex and retaliation by creating and

7 improving its internal grievance and complaint resolution procedure as outlined below.

8 This policy will be distributed to all present and future employees, both management

9 and non-management of the W Hotel Seattle, beginning 45 days after entry of this

10 decree and continuing for the duration of the decree. Distribution to temporary

II employees may consist of notification of the existence and the location of the policy.

12

17. Defendant affirms the following "Statement of Zero-Tolerance Policy and

13 Workplace Objectives":

14

The Starwood Hotel and Resorts Worldwide, dba W Seattle

Hotel is firmly committed to developing and maintaining a

15

zero-tolerance policy concerning sex discrimination, sexual

harassment and retaliation against individuals who report

16

discrimination or harassment in the company's workplace; to

swiftly and firmly respond ing to any acts of sex

17

discrimination, sexual harassment or retaliation of which the

company becomes aware; to implementing a disciplinary

18

system that is designed to strongly deter future acts of sex

discrimination, sexual harassment or retaliation; and to

19

actively monitoring its workplace in order to ensure

tolerance, respect and dignity for all people.

20

21

C. Expunging Records

22

18. Defendant will not disclose any information or make references to any

23 charges of discrimination or this lawsuit in responding to employment reference

24 requests for information about Cumiford, Small, and Murphy. In response to any

25 inquiries, the Defendant shall provide employment references that includes only dates

CONSENT DECREE - 5

U.S. EQUAL EMPlOYMENT OPPORTUNITY COMMISSION Seattle Oistrict OffiCII 909 First Ave~ue. Suite 400
SEattle:, Washington 98W4-1061 Telephone: (206) 220-6883 Facsimile: (206) 220-6911 TDD: (206) 220-6882

Case 2:01-cv-00703-TSZ Document 30 Filed 04/29/2002 Page 6 of 17

of employment and positions held. Defendant may produce personnel information

2 involving these Class Members if it is responding to any third-party lawful subpoena.

3

19. Defendant will expunge from Cumiford's, Small's, and Murphy's personnel

4 files, any references to a charge of discrimination against Defendant and this lawsuit.

5 Defendant will not add any information or references to Cumiford's, Small's, and

6 Murphy's personnel files or records regarding their charge of discrimination and this

7 lawsuit after such references have been expunged. Files containing information about

8 Cumiford, Small, and Murphy that have been developed during the subject litigation will

9 be maintained at the offices of Defendants' counsel, Reeve Shima. Defendant will

10 make Cumiford's, Small's, and Murphy's personnel files available for inspection by

11 counsel for the Class Members or the individual Class Members either at the

12 Defendant's or at the offices of Reeve Shima.

13

20. In order to effectuate the objectives embodied in the Defendant's

14 Statement of Zero-Tolerance Policy and Workplace Objectives and this Decree, the

15 Defendant will ensure the following policies, procedures, and practices are in effect:

16

(a) Complaint Procedures.

17

(i) The Defendant agrees that it will provide the name,

18

responsibilities, work location, and telephone number of the

19

management employees charged with investigating such

20

issues. That information will be routinely and continuously

21

posted. If the name or designation of the management

22

employees charged with investigating issues of sexual

23

discrimination, sexual harassment, and retaliation change,

24

defendant will re-post his or her names, responsibilities,

25

work location, and telephone number. Also as part of its

CONSENT DECREE - 6

u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Seattle. District Office
909 First Aver1ue, SuitE 400 Seattle, WoShington 98104~1O61
Telept\t:)ne: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

Case 2:01-cv-00703-TSZ Document 30 Filed 04/29/2002 Page 7 of 17

1

procedure, the Defendant agrees that it shall keep a

2

Complaint Box in the employee cafeteria, lunchroom, or

3

other place within the Defendant premises where employees

4

tend to gather and which is not in the managerial area of the

5

Defendant's offices. The Complaint Box may contain a

6

notation that it may be impossible to investigate and answer

7

anonymous complaints. The upper management employees

8

designated by the Defendant as charged with investigating

9

complaints of discrimination will gather the complaints from

10

the Complaint Box.

11

(ii) Defendant agrees that it shall enable complaining parties to

12

be interviewed by the Defendant about their complaints in

13

such a manner that permits the complaining party, at such

14

party's election, to remain inconspicuous to all of the

15

employees in such party's work area. The Defendant

16

agrees that its complaint procedure shall not impose upon

17

individuals seeking to make a complaint alleging sex

18

discrimination, sexual harassment and/or retaliation any

19

requirements that are more burdensome than are imposed

20

upon individuals who make other complaints of comparable

21

gravity.

22

(iii) Defendant agrees that it shall ensure that its policies and

23

procedures provide that complaint handling and disciplinary

24

procedures regarding all complaints of sex discrimination,

25

sexual harassment and/or retaliation are investigated and

CONSENT DECREE - 7

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

Case 2:01-cv-00703-TSZ Document 30 Filed 04/29/2002 Page 8 of 17

1

addressed promptly. Specifically, the Defendant agrees that

2

it shall make its best effort to investigate all complaints of

3

sex discrimination, sexual harassment and/or retaliation

4

promptly and to complete investigations within five (5)

5

weeks. The Defendant will further make its best effort to

6

prepare its written findings of the results of each

7

investigation and the remedial actions proposed within

8

fourteen (14) days after completion of the investigation, and

9

shall thereupon promptly communicate to the complaining

10

party the results of the investigation and the remedial

11

actions taken or proposed, if any.

12

(iv) Defendant agrees that it shall make its best effort to ensure

13

thai appropriate remedial action is taken to resolve

14

complaints and to avoid the occurrence of sex

15

discrimination, sexual harassment and/or retaliation. The

16

Defendant further agrees that it shall revise its progressive

17

discipline policy to provide for substantial discipline short of

18

termination -- including, but not limited to, suspensions

19

without pay as a possible consequence for violations of its

20

sexual harassment policy.

21

(b) Policies Designed To Promote Supervisor Accountability.

22

(i) Defendant agrees that it shall impose substantial discipline -

23

- up to and including termination, suspension without payor

24

demotion upon any supervisor or manager who engages in

25

sex discrimination or sexual harassment or permits any such

CONSENT DECREE - 8

U.S, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Avenue, SUite 400 Seattle, Woshingtol1 98104-1061
Telephone: (206) 220-6B83 Facsimile: (206) 220-6911
TDD: (206) 220-6882

Case 2:01-cv-00703-TSZ Document 30 Filed 04/29/2002 Page 9 of 17

conduct to occur in his or her work area or among

2

employees under his or her supervision, or who retaliates

3

against any person who complains or participates in any

4

investigation or proceeding concerning any such conduct.

5

The Defendant shall communicate this policy to all of its

6

supervisors and managers.

7

(ii) Defendant agrees that it shall continue to advise all

8

managers and supervisors of their duty to actively monitor

9

their work areas to ensure employees' compliance with the

10

company's sex discrimination and harassment policy, and to

11

report any incidents and/or complaints of sex harassment,

12

sexual harassment and/or retaliation of which they become

13

aware to the department charged with handling such

14

complaints.

15

(iii) Defendant agrees that it will include the manager's or

16

supervisor's compliance with its sex discrimination and anti-

17

harassment policy as an element in manager and supervisor

18

appraisals and to link such evaluations directly to their salary

19

and bonuses.

20

(iv) Defendant agrees that it shall include a commitment to

21

prevention of sexual harassment and/or retaliation for

22

reporting sexual harassment as a criterion for qualification

23

for supervisory or management positions.

24

(d) Sexual Harassment Training.

25

(i) Defendant agrees that it shall continue to provide annual sex

CONSENT DECREE - 9

U.S. EQUAL EMPLOYMENl" OPPORl"UNI'TY COMMISSION Seattle District Office
909 First Ave-rue, Suite 400
Seattle, Wasl1ington 98104-1061 Telephor.e.: (206) 220-6883
Fccsimile: (Z06) 220-6911 TDD: (206) 220·6882

Case 2:01-cv-00703-TSZ Document 30 Filed 04/29/2002 Page 10 of 17

1

discrimination and sexual harassment training to all

2

employees, and supervisors; to provide sex discrimination

3

and sexual harassment training to all new employees during

4

employee orientation (The nature of training during

5

orientation of new employees may be via videotape or other

6

format); to provide sex discrimination and sexual

7

harassment training to all senior management officials; and

8

to provide training to all persons charged with the handling

9

of complaints of sex discrimination, sexual harassment

10

and/or retaliation in the workplace, and the techniques for

II

investigating and stopping it. This training shall include

12

issues regarding sex discrimination and sexual harassment

13

as it may affect employees and/or customers of the

14

Defendant. Defendant understands and agrees that this

15

training, particularly that directed towards senior

16

management officials, may require one-on-one training or

17

educational sessions.

18

(ii) Defendant agrees that all training required by this Decree

19

shall be conducted by educators, consultants or attorneys

20

experienced in the area of sexual harassment training, with

21

the exception that new employee orientation and annual

22

training may be conducted by the Human Resources

23

Department of the W Hotel Seattle using, as its basis, its

24

existing Power Point presentation.

25

(iii) Defendant agrees that it shall require the General Manager

CONSENT DECREE - 10

U,S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Sc.Gttic bistriet Office
909 First Ave~ue. SUite 400
Seattle, Washington 98104-1061
Telephone; (206) 220·6883 Fllcsimile: (206) 220-6911
TDD: (206) 220-6882

Case 2:01-cv-00703-TSZ Document 30 Filed 04/29/2002 Page 11 of 17

l o r a member of the Executive Committee in addition to the

2

Human Resources Director to introduce all sexual

3

harassment training to communicate the Defendant's

4

commitment to its Statement of Zero-Tolerance Policy and

5

anti-harassment policy.

6

D. Reporting

7

21. Six months following the entry of this Decree and every six months

8 thereafter for the duration of the Decree, the Defendant will send the EEOC a

9 written report of individuals who complained of sexual harassment during the prior six-

10 month period.

11

22. Defendant shall submit a final report to EEOC 3D days before

12 the Consent Decree expires containing a statement that it has complied with all the

13 terms of this Consent Decree.

14

E. Posting

15

23. Within two (2) weeks after entry of this Decree, Defendant shall

16 post a notice in the form of Exhibit 2 attached to this Decree in prominent and

17 conspicuous location (s) in or near the employee cafeteria, lunchroom or other place

18 within the Defendant's premises where employees tend to gather. The notice shall

19 remain posted for the duration of this Decree. In the event that the persons and/or

20 departments to whom individuals should make complaints alleging discrimination and/or

21 retaliation change during the term of the Decree, such that the information contained on

22 the notice is no longer accurate, the Defendant shall immediately prepare a new

23 notice that contains the correct information. The Defendant shall thereupon

24 promptly replace the old notices with the revised notices. The Defendant shall

25 maintain a copy of this Decree in its Personnel Office for any employee who wishes to

CONSENT DECREE - 11

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Oistrict Office
909 First A~nue, SUite 400
Seattle, Washington 98104-1061 TelephcnE: (206) 220-6683 F(lcsimile: (206) 220-6911 TDD: (206) 220-6882

Case 2:01-cv-00703-TSZ Document 30 Filed 04/29/2002 Page 12 of 17

1 review it.

2

VIII. ENFORCEMENT

3

24. If the EEOC concludes that the Defendant has breached this

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

5 District of Washington at Seattle to enforce this Consent Decree. Before bringing an

6 action for breach of the Decree, the EEOC shall first give the Defendant ten (10) days

7 notice. The EEOC and the Defendant shall use that 1O-day period for good faith efforts

8 to resolve the matter.

9

IX. RETENTION OF JURISDICTION

10

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

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

12

X. DURATION AND TERMINATION

13

26. This Decree shall be in effect for two (2) years, commencing with the date

14 the Decree is filed. If the EEOC petitions the court for breach of agreement, and the

15 court finds the Defendant to be in violation of the terms of the Consent Decree, the

16 court may extend this Consent Decree.

17 III

18 III

19 I II

20

21

22

23

24

25

CONSENT DECREE - 12

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Avenue, Suite 400 $edttll!, Washington 98104-106t
Telephone: (206) 220-6883
Facsimile.: (206) 220-6911 TDD: (206) 220-6882

Case 2:01-cv-00703-TSZ Document 30 Filed 04/29/2002 Page 13 of 17

1

XI. CONCLUSION

2

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

3 the authorized representatives of each party sign and the court enters the Consent

4 Decree in the court.

5

AfY1X... -.Wl

X ·0

DATED this!f5 day of

6

,2002.

7
A. LUIS LUCERO, JR
8 Regional Attorney

GWENDOLYN YOUNG REAMS Associate General Counsel

9 KATHRYN OLSON

Supervisory Trial Attorney

10

CARMEN FLORES

11 Senior Trial Attorney
,

~IU.~~ 12

---..;J . , . . ;

I

BY:,O

13 EQUAL CMPL YNT OPPOUNITY

COMMISSION

' !

14 Seattle District Office

d

909 First Avenue, Suite 400

15 Seattle, Washington 98104

Telephone (206) 220-6893

16

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

17

Attorneys for Plaintiffs

18

19 BY: E LlZA;-:-;::BC;::E:;:T;-;H-;-K~.-;::R;;::E;;::E::-V;::E:-----
20 REEVE SHIMA, P.C. Attorneys at Law
21 500 Union Street, Ste. 800 Seattle, WA 98101-3920
22

23

Attorneys for Defendant

24 f f f

25

CONSENT DECREE - 13

u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Seattle District Office
909 First !llIenue.. Suite. 400 Se:attle, Washington 98104-1061
Telepho~e: (206) 220-6883 Facsimile: (206) 220-6911 T[)[); (206) 220-6882

84/16/2002 17:20 2866244014
Case 2:01-cv-00703-TSZ
d4-1S-02 01 :SOpm FrClll"'EEOC SEDl>

FAX Document 30 Filed 04/29/2002
20S liD 6955

PAGE 02/02 Page 14 of 17
T-694 P.0141D15 F-522

1

XI. CONCLUSION

2

27. The provisions of this Consent Deoree are not binding on the partiea until

3 the authorized representatives of each palt)' sign and the court enters the Consent

4 Decree in the court

5

DATED thIs _ _ day of _ _ _ _ _ _ _ _, 2002.

6

7 A. LUiS LUCERO, JR.
8 Regional Attorney
9 KATHRYN OLSON Supervisory Trial Attorney
10 CARMEN FLORES
11 Senior Trial Attorney

GWENDOL.YN YOUNG REAMS Associate General Counsel

12 13 BEQ~YU--:;A':":L-:e;:=;:M-:::p""'L""O~YM=-:-=EN:-::T=O=PP""'O::-;R==T;::"U:":"N:-=ITY=-:-
COMMISSION 14 Seattle Dls1Tict Office
909 First Avenue, Suite 400 15 Seattle, Washington 98104
Telephone (206) 220·6S93
16

Office of the General Counsel 1801 nL" Street, N.W.
Washington. D.C. 20507

17

Attorneys for Plaintiffs

18
19 ~~J.~~f~
20 REEVE SHIMA. P.C. Attorneys at Law
21 500 Union Street, Ste. BOO
Seattle, WA 98101-3920
22

23

Attorneys for Defendant

24 1/1

25

CONSRNT DECREE - 13

Case 2:01-cv-00703-TSZ Document 30 Filed 04/29/2002 Page 15 of 17

EEOC ET AL V. STARWOOD HOTEL & RESORTS WORLDWIDE. dbe W SEATTLE HOTEL

CAUSE NO. C01-703Z

Cumiford: $60,000.00

Small:

$25,000,00

MurphY: $15,000.00

EXHIBIT 1

Case 2:01-cv-00703-TSZ Document 30 Filed 04/29/2002 Page 16 of 17
STARWOOD HOTELS & RESORTS WORLDWIDE, INC., dba W SEATTLE HOTEL
NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE
This notice has been posted pursuant to an Order of the Court, approving the Consent Decree entered in resolution of a lawsuit brought by the U.S. Equal Employment Opportunity Commission ("EEOC") against Starwood Hotels &Resorts Worldwide, Inc., dba W Seattle Hotel ("W Hotel") in May 21, 2001 in the Federal District Court for the Western District of Washington at Seattle. The Consent Decree resolves EEOC's claims of sexual harassment against the W Hotel and enjoins the W Hotel from certain conduct prohibited by law. The W Hotel denies the allegations of the EEOC and affirms its commitment to compliance with laws against discrimination.
Federal law and the Consent Decree prohibit sexual harassment or other discrimination against any individual because of his or her sex.
Federal law also prohibits retaliation against any individual by an employer because the individual complains of discrimination, cooperates with any W Hotel or government investigation of a charge of discrimination, participates as a witness or potential witness in any investigation or legal proceeding, or otherwise exercises his or her rights under law.
Any employee who is found to have retaliated against any other employee because such employee participated in this lawsuit will be subject to substantial discipline, up to and including immediate discharge.
Should you have any complaints of discrimination, you should contact the Human Resources Director or the General Manager of W Seattle Hotel orthe Human Resources Department in White Plains, New York.
Employees have the right to bring complaints of discrimination and/or harassment to the U.S. Equal Employment Opportunity Commission, Seattle District Office at 909 1st Avenue, Suite 400, Seattle, WA 98104-1061,206/220-6883, 1-800-699-4000, or the Washington Human Rights Commission at 711 S. Capitol Way, Suite 402, Olympia, WA 98504-2490, 360/753-6770. This is an official notice and shall not be defaced by anyone. This notice shall remain prominently posted in the employee lunchroom/break room at W Seattle Hotel until April 30, 2004. This Official Notice shall not be altered, defaced, covered or obstructed by any other material.
EXHIBIT 2

Case 2:01-cv-00703-TSZ Document 30 Filed 04/29/2002 Page 17 of 17

ORDER

2

The Court having considered the foregoing stipulated agreement of the parties.

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

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

5 hereby dismissed with prejudice and without costs or attorneys' fees to any party. The

6 Court retains jurisdiction of this matter for purposes of enforcing the consent decree

7 approved herein.

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DATEDthis 21 ~f_~~9~=~cc::=::....:,}002.

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THOMAS S. ZILL Y

UNITED STATES DISTRICT JUDGE

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CONSENT DECREE - 14

u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Seattle Oi.:strict Office 909 First Aver,ue, SUite 400 Seattle, Woshingt<ln 98104·1061 TelephDne: (206) 220-6B83
Facsimile: (20b) 220-6911 roD: (206) 220-6682

 </s> • •

-ENTERED .-._i!lCEI'ED
APR- 1 2002

~ ". !'; , ," ,;"

The Honorable Thomas S. Zilly

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
and
BRANDI MCGUIRE, CLARE MCFADDEN, RACHEL BEALS, KASIE BARKER and STEVEN SLOAN,

\
No. COl-703Z'\ .
JUDGMENT IN FAVOR OF BRANDl MCGUIRE AND STEVEN SLOAN AND AGAINST DEFENDANT STARWOOD HOTELS

Plaintiffs-in-Intervention,

vs.

STARWOOD HOTEL AND RESORTS WORLDWIDE, dba W SEATTLE HOTEL,

Defendant.

Pursuant to the Federal Rule of Civil Procedure 68, Defendant Starwood Hotels and Resorts Worldwide dba W Hotel Seattle, by and through its attorney, Elizabeth K. Reeve of Reeve Shima, P.C. made an Offer of Judgment to Plaintiff in Intervention Brandi McGuire on March 8, 2002 in the amount of ONE HUNDRED EIGHTY THOUSAND DOLLARS AND NO CENTS ($180,000.00). Plaintiff Brandi McGuire accepted the Offer of Judgment

JUDGMENT IN FAVOR OF McGUIRE & SLOAN COI0703Z

REEVE SHIMA Attorneys at Law SOD Union Street, SUite 800 Seattle, WA 98101
Telephone 206 624.4004

C:\Documents and Settings\creeve.SEAITLE\My l)ocuments\Starnood - Judgment for McGuire & Sloan,doc

• •

•

on March 13,2002. Pursuant to the Federal Rule of Civil Procedure 68, Defendant Starwood Hotels and

Resorts Worldwide dba W Hotel Seattle, by and through its attorney, Elizabeth K. Reeve of

Reeve Shima, P.c. made an Offer of Judgment to Plaintiff in Intervention Steven Sloan on

March 8, 2002 in the amount TEN THOUSAND DOLLARS AND NO CENTS

($10,000.00). Plaintiff Steven Sloan accepted the Offer of Judgement on March 13,2002.

BASED on the foregoing, it is hereby ORDERED, ADJUDGED and DECREED that Judgment be entered in favor or Brandi McGuire and against Defendant Starwood Hotels and Resorts Worldwide dba W Hotel Seattle in the amount of $180,000.00 and that Judgment be entered in favor of Steven Sloan and against Defendant Starwood Hotels and Resorts Worldwide dba W Hotel Seattle in the amount of$IO,OOO.OO. No attorneys' fees, costs or pre-judgment interest shall be awarded to any party.

Approved as to Form & Content; Notice of Presentation Waived:

By: )LtC ((,r.:-· .':.A' i/', f;~/_ -/}~;'I_., . '...." l;' ,I-, ?<,_;r.:~,r_/·

Eve Wagner'

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/11<1"

Attorney for Brandi McGuire and Steven Sloan

Dated: ': / ' ,OJ Ie'

Approved as to Form & Content;

Notice of Presentation Waived:

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B . ( I (.. . I ',:' y. . '- .' L \~1,.L/."... of /

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lSlizabethK. Reeve

Attorney for Starwood Hotels & Resorts

Dated:

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JUDGMENT IN FAVOR OF McGUIRE & SLOAN COl0703Z

REEVE SHIMA Attomeys at law 500 Union Street, Suite 800 Seattle, WA 98101
Telephone 206 624.4004

C:\Documents and Scttings\ereeve,SEATILE\My Documents\Starwood - Judgment for McGuire & Sioan.doc

• •

CERTIFICATE OF SERVICE I hereby certify that on the 19th day of March, 2002, I served the foregoing

Judgment in favor of Brandi McGuire and Steven Sloan, on the following parties at the

following addresses:

Ms. Eve H. Wagner Sauer & Wagner LLP 180 I Century Park East, Suite 520
Los Angeles, CA 90067

Ms. Carmen Flores Equal Opportunity Employment Commission 909 First Ave., Suite 400
Seattle, WA 98104

by mailing to them a true and correct copy thereof, certified by me as such, placed in a sealed envelope addressed to them at the addresses set forth above, and deposited in the U.S. Post OUice at Seattle, Washington on said day with postage prepaid.

:' ~ I '..":...:_ <_,~ ~~,
Elizabeth K. Reeve

JUDGMENT IN FAVOR OF McGUIRE & SLOAN COI0703Z

REEVE SHIMA Attorneys at law 500 Union Street, SUite BOO Seattle, WA 98101
TelephOne 206 624.4004

C:\Docllment~ and Settings\ereeve.SEAITLE\My Documents\Starwood Judgment for McGuire & Sloan.doc

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ENT£RED

_ _-,LODGED

RECEIVED

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MAY 302002

Q.ERK

uA.sir.

SEATTI,..E DISTRICT

COURf

BY WESTERN DI$fAtCT OF WASHINGTfetUT'l

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The Honorable Thomas S. Zilly

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

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AT SEATTLE

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
and
BRANDI MCGUIRE, CLARE MCFADDEN, RACHEL BEALS, KASIE BARKER and STEVEN SLOAN,

~\ No. COI-703Z
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE AS TO CLARE MCFADDEN, RACHEL BEALS & KASIE BARKER

Plaintiffs-in-Intervention.

vs.

STARWOOD HOTEL AND RESORTS WORLDWIDE, dba W SEATTLE HOTEL,

Defendant.

COMES NOW Plaintiffs in intervention Clare McFadden, Rachel Beals and Kasie

Barker, by and through their attorney, Eve Wagner of Sauer & Wagner, LLP and defendant

Starwood Hotels and Resorts Worldwide dba W Hotel Seattle, by and through its attorney,

Elizabeth K. Reeve of Reeve Shima, P.C. and stipulate, based on a confidential settlement

25 agreement entered into among the parties, that the Court shall dismiss this action with

26 prejudice and without costs or attorneys' fees to any party.

STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE AS TO CLARE MCFADDEN, RACHEL BEALS & KASIE BARKER COI-0703Z
C:\Oocuments and Settings\ereeve.SEAITLE\My Documcnts\Starwood - Stip & Order of Oismissal.doc

REEVE SHIMA Attorneys at Law 500 Union Street, Suite 800
Seattle, WA 98101 Telephone 206 624.4004

• •

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Dated this ~ day of March, 2002.

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SAUER & WAGNER LLP

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B y:

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Eve Wagner

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Attorney for Clare McFadden, Rachel Beals & Kasie Barker

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Dated this~)'t day of March, 2002.
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II

REEVE SHIMA, P.C.

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By:

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Elizabeth K. Reeve

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Attorney for Defendant Starwood Hotels

IS

16 ORDER
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The court having considered the foregoing stipulated agreement ofthe parties, IT IS 18
HEREBY ORDERED THAT this lawsuit brought by Clare McFadden, Rachel Beals & 19
Kasie Barker is hereby dismissed with prejudice and without costs or attorneys' fees to any 20
party. 21

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,

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}V~{.V'", :;: ':> C,

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Thomas S. Zilly

United States District Judge

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STlPULATION AND ORDER OF DISMISSAL WITH PREJUDICE AS TO CLARE MCFADDEN, RACHEL BEALS & KASIE BARKER COI-0703Z
C:\Documents and Scttings\ereeve.SEATILE\My Documcnts\Slarwood - Stip & Order of Dismi.'i::-.al.doc

REEVE SHIMA Attomeys at Law
500 Union Street, SUite 800 Seattle, WA 98101
Telephone 206 624.4004

 </s> WAWD CM/ECF Version 2.5 - Docket Report

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CLOSED, JURYDEMAND
U.S. District Court WESTERN DISTRICT OF WASHINGTON (Seattle) CIVIL DOCKET FOR CASE #: 2:01-cv-00703-TSZ

EEOC v. Starwood Hotels Assigned to: Hon. Thomas S. Zilly Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 05/16/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

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

Carmen Flores EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Email: carmen.flores@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Starwood Hotels & Resorts Worldwide Inc doing business as W Seattle Hotel

represented by Elizabeth K Reeve REEVE SHIMA 500 UNION ST STE 800 SEATTLE, WA 98101 624-4004 Fax: FAX 624-4014 Email: ereeve@reeveshima.com LEAD ATTORNEY

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Intervenor Plaintiff
Brandi McGuire TERMINATED: 04/01/2002

Intervenor Plaintiff Clare McFadden TERMINATED: 05/30/2002
Intervenor Plaintiff Rachel Beals TERMINATED: 05/30/2002
Intervenor Plaintiff Kasie Barker TERMINATED: 05/30/2002
Intervenor Plaintiff Steven Sloan TERMINATED: 04/01/2002

Date Filed

#

ATTORNEY TO BE NOTICED
Vincent T Lombardi US ATTORNEY'S OFFICE (SEA) 700 STEWART ST STE 5220 SEATTLE, WA 98101-1271 206-553-7970 Email: Vince.Lombardi@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gretchen G Salazar MILLS MEYERS SWARTLING 1000 2ND AVE STE 3000 SEATTLE, WA 98104-1064 206-382-1000 Fax: FAX 386-7343 Email: gsalazar@mms-seattle.com TERMINATED: 04/01/2002 LEAD ATTORNEY
represented by Gretchen G Salazar (See above for address) TERMINATED: 05/30/2002 LEAD ATTORNEY
represented by Gretchen G Salazar (See above for address) TERMINATED: 05/30/2002 LEAD ATTORNEY
represented by Gretchen G Salazar (See above for address) TERMINATED: 05/30/2002 LEAD ATTORNEY
represented by Gretchen G Salazar (See above for address) TERMINATED: 04/01/2002 LEAD ATTORNEY
Docket Text

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05/16/2001 05/18/2001 06/04/2001 06/05/2001 06/12/2001
07/05/2001 07/17/2001
10/04/2001 10/04/2001 10/05/2001 10/11/2001 10/11/2001 10/11/2001

1 COMPLAINT and JURY DEMAND (Summons(es) issued) Receipt # (Fee waived - USA) (PM) Modified on 05/25/2001 (Entered: 05/22/2001)
2 RETURN OF SERVICE of summons and complaint executed upon defendant Starwood Hotels on 5/16/01 (MD) (Entered: 05/25/2001)
3 ATTORNEY APPEARANCE for defendant Starwood Hotels by Elizabeth K Reeve (MD) (Entered: 06/05/2001)
4 ANSWER to complaint [1-1] by defendant Starwood Hotels (VB) (Entered: 06/06/2001)
5 ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT by Judge Thomas S. Zilly ; joint status report ddl set for 7/23/01 (cc: counsel, Judge) (MD) (Entered: 06/13/2001)
6 JOINT STATUS REPORT AND DISCOVERY PLAN filed by all parties. Est. Trial Days: 10 days (MD) (Entered: 07/06/2001)
7 ORDER REGARDING SCHEDULING Other Pretrial Matters by Judge Zilly: Jury trial set for 9/9/02 ; Deadline to Join Additional Parties is 8/13/01 ; Disclosure of expert testimony due: 3/13/02 ; Discovery Motion filing ddl 4/12/02 ; Discovery deadline set for 5/12/02 ; Dispositive Motions to be filed by 6/11/02 ; Settlement conf. per CR 39.1(c)(2) by 7/11/02 ; 39.1 designation effective 8/10/02 ; Motions in Limine du 8/12/02 ; Agreed Pretrial Order set for 8/28/02 ; Pretrial Conference set for 3:00 8/30/02 ; Trial briefs and exhibits to be submitted by 9/4/02 ; Proposed Voir dire/jury instructions 9/4/02 ; Length of Trial: 10 days (cc: counsel, Judge) (MD) (Entered: 07/17/2001)
PROPOSED proposed complaint by intvp re: motion to intervene/join Brandi McGuire, Clare McFadden, Rachel Beals, Kasie Barker, Steven Sloan, OA req'd [8-1] (CL) (Entered: 10/10/2001)
LODGED ORDER: re: motion to intervene/join Brandi McGuire, Clare McFadden, Rachel Beals, Kasie Barker, Steven Sloan, OA req'd [8-1] (CL) (Entered: 10/10/2001)
8 MOTION to intervene/join Brandi McGuire, Clare McFadden, Rachel Beals, Kasie Barker, Steven Sloan, OA req'd NOTED FOR 10/19/01, and memorandum in support (CL) (Entered: 10/10/2001)
9 MOTION by intervenor-plaintiffs for admission of Eve H. Wagner pro hoc vice (ZG) (Entered: 10/15/2001)
10 DECLARATION of Gretchen Graham by intervenor-plaintiffs re: motion for pro hac vice [9-1] (ZG) (Entered: 10/15/2001)
11 APPLICATION for order for Eve H. Wagner to appear pro hac vice by intervenor-plaintiffs; receipt # 601825 (ZG) Modified on 10/15/2001 (Entered: 10/15/2001)

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10/11/2001
10/11/2001 10/11/2001 10/11/2001 10/11/2001
10/18/2001 10/23/2001 11/01/2001 11/08/2001 11/28/2001 11/30/2001 03/07/2002 03/07/2002 03/11/2002 03/19/2002 03/19/2002

12 ORDER GRANTING ADMISSION OF Eve H. Wagner pro hac vice by intervenor-plaintiff Brandi McGuire, intervenor-plaintiff Clare McFadden, intervenor-plaintiff Rachel Beals, intervenor-plaintiff Kasie Barker and intervenor-plaintiff Steven Sloan Receipt # 601825 (cc: counsel, Judge) (ZG) (Entered: 10/15/2001)
13 MOTION by intervenor-plaintiffs for admission of Gerald L. Sauer pro hac vice (ZG) (Entered: 10/15/2001)
14 DECLARATION of Gretchen Graham by intervenor-plaintiffs re: motion [13-1] (ZG) (Entered: 10/15/2001)
15 APPLICATION for order granting leave to appear pro hac vice by intervenor-plaintiffs (ZG) (Entered: 10/15/2001)
16 ORDEER GRANTING APPLICATION FOR ADMISSION OF Gerald L. Sauer pro hac vice by intervenor-plaintiff Brandi McGuire, intervenorplaintiff Clare McFadden, intervenor-plaintiff Rachel Beals, intervenorplaintiff Kasie Barker and intervenor-plaintiff Steven Sloan Receipt # 601825 (cc: counsel, Judge) (ZG) (Entered: 10/15/2001)
17 STATEMENT by defendant re motion to intervene by Brandi McGuire, Clare McFadden, Rachel Beals, Kasie Barker, Steven Sloan [8-1] (RS) (Entered: 10/22/2001)
18 ORDER by Judge Thomas S. Zilly GRANTING motion to intervene/join by Brandi McGuire, Clare McFadden, Rachel Beals, Kasie Barker, Steven Sloan [8-1] (cc: counsel, Judge) (RS) (Entered: 10/23/2001)
19 COMPLAINT: Intervention by intervenor-plaintiffs with jury demand (RS) (Entered: 11/05/2001)
20 RETURN OF SERVICE of summons and complaint executed upon defendant Starwood Hotels on 11/5/01 (KERR) (Entered: 11/14/2001)
21 ANSWER to complaint by defendant (RS) (Entered: 12/04/2001)
22 SUBSTITUTION OF COUNSEL on behalf of Starwood Hotels adding atty Elizabeth Reeve for withdrawing cnsl Sigurd Borgersen (RS) (Entered: 12/05/2001)
23 AGREED MOTION/STIPULATION TO MODIFY MINUTE ORDER SETTING TRIAL DATE & RELATED DATES (CL) (Entered: 03/07/2002)
LODGED ORDER: re: stipulation [23-1] (CL) (Entered: 03/07/2002)
24 ORDER by Judge Thomas S. Zilly. discovery ddl set 7/9/02 Disclose Expert Witnesses by 7/9/02 ; Disclose Rebuttal Expert Witnesses by 6/9/02 ; (cc: counsel, Judge) (CL) (Entered: 03/11/2002)
25 OFFER OF JUDGMENT upon pltf Brandi McGuire filed by defendant Starwood Hotels (CL) (Entered: 03/20/2002)
26 OFFER OF JUDGMENT upon pltf Steve Sloan filed by defendant

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03/19/2002 03/19/2002 03/19/2002 04/01/2002
04/25/2002 04/29/2002
05/24/2002 05/24/2002 05/30/2002

Starwood Hotels (CL) (Entered: 03/20/2002)
27 ACCEPTANCE by intervenor-plaintiff Brandi McGuire of offer of judgment [25-1] (CL) (Entered: 03/20/2002)
28 ACCEPTANCE by intervenor-plaintiff Steven Sloan of offer of judgment [26-1] (CL) (Entered: 03/20/2002)
LODGED ORDER: re: judgment [28-1], re: judgment [27-1] (CL) (Entered: 03/20/2002)
29 JUDGMENT by Judge Thomas S. Zilly. ORDERED, ADJUDGED AND DECREED that jgm be entered in favor of Brandi McGuire and against dft Starwood Hotels and Resort Worldwide dba W Hotel Seattle in the amount of $180,000 and that jgm be entered in favor of Steven Sloan against dft Starwood Hotels and Resorts Worldwide in the amount of $10,000. No attys' fees, costs or pre-jgm interest shall be awarded to any party. (cc: counsel, Judge, Jgm. Book) Entered on: 4/2/02 (CL) (Entered: 04/02/2002)
LODGED CONSENT DECREE AND PROPOSED ORDER OF DISMISSAL (CL) (Entered: 04/26/2002)
30 CONSENT DECREE by Judge Thomas S. Zilly. This lawsuit is hereby dismissed with prejudice and without costs or attys' fees to any party. The Court retains jurisdiction of this matter for purposes of enforcing this consent decree. (cc: counsel, Judge, Jgm. Book, CC) Entered on: 4/29/02 (CL) (Entered: 04/29/2002)
31 SATISFACTION OF JUDGMENT as to defendant Starwood Hotels (cc: Sat. Jgm. Bk., Finance) (CL) (Entered: 05/28/2002)
LODGED STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE AS TO CLARE MCFADDEN, RACHEL BEALS & KASIE BARKER (CL) (Entered: 05/28/2002)
32 STIPULATION and ORDER by Judge Thomas S. Zilly. Pursuant to the Stipulation of the parties, it is hereby ORDERED: dismissing with prejudice intervenor-plaintiff Kasie Barker, intervenor-plaintiff Rachel Beals, intervenor-plaintiff Clare McFadden . (cc: counsel, Judge) (dktclk) (Entered: 05/30/2002)

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[CONTENT] May 2001 | the Seattle District Office | EEOC | Starwood Hotels & Resorts Worldwide, Inc. | the U.S. District Court | the Western District | Washington |||  |||  ||| October 2001 | five ||| March 2002 ||| Two | 200,000 | early April ||| Later that month | EEOC ||| late May 2002 ||| two-year | EEOC | annual | Title VII | EEOC | every six months | 100,000 | three [SUMMARY] In May 2001, the Seattle District Office of the EEOC brought this suit against Starwood Hotels & Resorts Worldwide, Inc., d/b/a W Seattle Hotel, in the U.S. District Court for the Western District of Washington.  The defendant allegedly subjected the charging parties and other similarly situated individuals to a sexually hostile work environment consisting of both verbal and physical abuse.  In addition, the defendant retaliated against several employees by further harassing them, resulting in the constructive discharge of some of them.  

In October 2001, five of the charging parties intervened in the suit.  In March 2002, the defendant made offers of judgment to some of the intervening parties.  Two of the charging parties accepted the offers, and the court entered a judgment against the defendant in their favor for a total of $200,000 in early April.  Later that month, the EEOC and the defendant settled their claims through a consent decree.  The remaining parties seemed to have settled with the defendant at a later date, voluntarily dismissing their claims in late May 2002.

The two-year consent decree between the EEOC and the defendant contained non-discrimination and non-retaliation clauses and required the defendant to: obtain a sexual harassment consultant to conduct an audit of its sexual harassment policies and procedures, expunge the charging parties' personnel files of all references to the charges of discrimination, provide the charging parties with neutral employment references, develop a complaint procedure, provide annual Title VII training for all employees, report to the EEOC every six months, and pay $100,000 to be divided among three class members.

