1

2

3

4

5

6

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WASHINGTON

7

8 EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

9

)

Plaintiff,

)

10

)

CIVIL ACTION NO.

v.

)

11

)

COMPLAINT

MICRO ENCODER, INC.,

)

JURY DEMAND

12

)

Defendant.

)

13

)

14

NATURE OF THE ACTION

15

This is an action under the Age Discrimination in Employment Act to correct

16 unlawful employment practices on the basis of age and to provide appropriate relief to

17 Brinkley Barr. The Equal Employment Opportunity Commission (“EEOC’) alleges that

18 Micro Encoder, Inc. (“Defendant”) unlawfully refused to hire Mr. Barr for a vacant

19 engineer position because of his age, despite being qualified for the job.

20

JURISDICTION AND VENUE

21

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

22 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 7(b)

23 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(b)

24 (the "ADEA"), which incorporates by reference Sections 16(c) and 17 of the Fair Labor

25 Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217.

COMPLAINT - 1

U .S . E Q U A L E M P L O YM E N T O P P O R TU N I TY C O M M I S SI O N Seattle District Office 909 First Avenue, Suite 400
Seattle, Washington 98104-1061 Telephone: (206) 220-6883 Facsimile: (206) 220-6911 TDD: (206) 220-6882

1

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

2 the jurisdiction of the United States District Court for the Western District of

3 Washington.

4

PARTIES

5

3. Plaintiff, the Equal Employment Opportunity Commission (the

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

7 administration, interpretation and enforcement of the ADEA and is expressly authorized

8 to bring this action by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), as amended by

9 Section 2 of Reorganization Plan No. 1 of 1978, 92 Stat. 3781, and by Public Law 98-

10 532 (1984), 98 Stat. 2705.

11

4. At all relevant times, Defendant (the "Employer") has continuously been a

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

13 least 20 employees.

14

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

15 employer engaged in an industry affecting commerce within the meaning of Sections

16 11(b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630(b), (g) and (h).

17

6. Prior to institution of this lawsuit, the Commission's representatives

18 attempted to eliminate the unlawful employment practices alleged below and to effect

19 voluntary compliance with the ADEA through informal methods of conciliation,

20 conference and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C.

21 § 626(b).

22

STATEMENT OF CLAIMS

23

7. On or about January 20, 2004, the Defendant Employer engaged in

24 unlawful employment practices at its Kirkland, Washington facility, in violation of

25 Section 4(a)(1) of the ADEA, 29 U.S.C. § 623(a)(1). The practices include failing or

COMPLAINT - 2

U .S . E Q U A L E M P L O YM E N T O P P O R TU N I TY C O M M I S SI O N Seattle District Office 909 First Avenue, Suite 400
Seattle, Washington 98104-1061 Telephone: (206) 220-6883 Facsimile: (206) 220-6911 TDD: (206) 220-6882

1 refusing to hire Brinkley Barr because of his age, 50.

2

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

3 to deprive Mr. Barr of equal employment opportunities and otherwise adversely affect

4 his status as an applicant for employment because of his age.

5

9. The unlawful employment practices complained of in paragraphs 7 and 8

6 above were willful within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).

7

PRAYER FOR RELIEF

8

Wherefore, the Commission respectfully requests that this Court:

9

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

10 successors, assigns and all persons in active concert or participation with it, from failing

11 or refusing to hire individuals because of their age and any other employment practice

12 which discriminates on the basis of age against individuals 40 years of age and older.

13

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

14 and programs which provide equal employment opportunities for individuals 40 years of

15 age and older, and which eradicate the effects of its past and present unlawful

16 employment practices.

17

C. Grant a judgment requiring Defendant Employer to pay appropriate back

18 wages in an amount to be determined at trial, an equal sum as liquidated damages, and

19 prejudgment interest to Mr. Barr whose wages are being unlawfully withheld as a result

20 of the acts complained of above.

21

D. Order Defendant Employer to make whole Mr. Barr who is adversely

22 affected by the unlawful practices described above, by providing the affirmative relief

23 necessary to eradicate the effects of its unlawful practices, including but not limited to

24 front pay.

25

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

COMPLAINT - 3

U .S . E Q U A L E M P L O YM E N T O P P O R TU N I TY C O M M I S SI O N Seattle District Office 909 First Avenue, Suite 400
Seattle, Washington 98104-1061 Telephone: (206) 220-6883 Facsimile: (206) 220-6911 TDD: (206) 220-6882

1 public interest.

2

J. Award the Commission its costs of this action.

3

JURY TRIAL DEMAND

4

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

5 complaint.

6

DATED this 30th day of September, 2004.

7 A. LUIS LUCERO, JR.
8 Regional Attorney

ERIC S. DREIBAND General Counsel

9 JOHN F. STANLEY Acting Supervisory Trial Attorney
10 WESLEY KATAHIRA
11 Senior Trial Attorney

JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

12

BY:

/S/ A. Luis Lucero

13

EQUAL EMPLOYMENT

14 OPPORTUNITY COMMISSION

Seattle District Office

15 909 First Avenue, Suite 400

Seattle, Washington 98104

16 Telephone (206) 220-6918

Wesley.Katahira@eeoc.gov

17

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

18 Attorneys for Plaintiff
19

20

21

22

23

24

25

COMPLAINT - 4

U .S . E Q U A L E M P L O YM E N T O P P O R TU N I TY C O M M I S SI O N Seattle District Office 909 First Avenue, Suite 400
Seattle, Washington 98104-1061 Telephone: (206) 220-6883 Facsimile: (206) 220-6911 TDD: (206) 220-6882

 </s> THE HONORABLE RICARDO S. MARTINEZ

12

3

4

5

6

7

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

8

AT SEATTLE

9 EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

10

)

Plaintiff,

)

11 v.

)

CIVIL ACTION NO. CV04-2065RSM

)

12 MICRO ENCODER, INC.,

)

CONSENT DECREE

)

[PROPOSED]

13

)

Defendant.

)

14

)

15

16

I. INTRODUCTION

17

1. This action originated when Brinkley Barr filed a charge of discrimination with

18 the Equal Employment Opportunity Commission ("EEOC” or “Commission") on March 25,

19 2004. Mr. Barr alleged that Micro Encoder, Inc. (“MEI” or “defendant” or “the company”)

20 discriminated against him based upon his age in violation of the Age Discrimination in

21 Employment Act of 1967, 29 U.S.C. § 621, et seq. (“ADEA”) when he was denied

22 employment as an analog integrated circuits design engineer.

23

2. On September 1, 2004, the EEOC issued a letter of determination with a finding

24 of reasonable cause to believe that MEI violated the ADEA. Thereafter, the EEOC

25 attempted to conciliate the charge but was unsuccessful.

26

3. The Commission filed its complaint on September 30, 2004, in the United

27 States District Court for the Western District of Washington at Seattle. The complaint

CONSENT DECREE - PAGE 1

E Q U A L E M P L O YM E N T O PP O R T UN IT Y C O M M I SS IO N
Seattle District Office Federal Office Building
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

alleges that MEI failed to hire Mr. Barr for the integrated circuits design engineer position in

12 violation of the ADEA

3

4. MEI filed an answer denying the allegations of discrimination in the EEOC’s

4 amended complaint and asserting several affirmative defenses.

5

5. The parties want to conclude fully and finally all claims arising out of EEOC’s

6 complaint and Mr. Barr’s charge of discrimination filed with EEOC. The EEOC and MEI

7 enter into this consent decree to further the objectives of equal employment as set forth in

8 the ADEA.

9

II. NONADMISSION OF LIABILITY AND NONDETERMINATION

10

BY THE COURT

11

6. This consent decree is not an adjudication or finding on the merits of this case

12 and shall not be construed as an admission by MEI of a violation of the ADEA.

13

III. JURISDICTION AND VENUE

14

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

15 1343 and 1345. This action is authorized pursuant to Section 7(b) of the Age

16 Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(b) (the "ADEA"),

17 which incorporates by reference Sections 16(c) and 17 of the Fair Labor Standards Act of

18 1938 (the "FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217.

19

IV. SETTLEMENT SCOPE

20

8. This consent decree is the final and complete resolution of all allegations of

21 unlawful employment practices contained in Mr. Barr’s discrimination charge, in the

22 EEOC's administrative determination, and in the complaint filed herein, including all claims

23 by the parties for attorney fees and costs. The scope of this consent decree will be limited

24 to MEI’s facilities in the state of Washington.

25

V. MONETARY RELIEF

26

9. In settlement of this lawsuit, MEI agrees to pay Brinkley Barr $82,750.00,

27 representing back pay plus interest, liquidated damages, and front pay, less any legally

CONSENT DECREE - PAGE 2

E Q U A L E M P L O YM E N T O PP O R T UN IT Y C O M M I SS IO N
Seattle District Office Federal Office Building
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

required deductions, not later than 10 days following the date of entry of this consent

12 decree. Mr. Barr and the company have executed a separate release of claims to which

3 the EEOC is not a party.

4

VI. AFFIRMATIVE AND OTHER RELIEF

5

A. General Provisions

6

10. MEI, its officers, agents, and employees will not engage in practices which

7 unlawfully discriminate against applicants and/or employees on the basis of age. In

8 recognition of its obligations under the ADEA, MEI will institute, to the extent not already in

9 place or being implemented, the policies and practices set forth below.

10

B. Anti-Discrimination Policies and Procedures

11

11. Defendant shall carry out anti-discrimination policies, procedures and training

12 for employees, supervisors and management personnel, to the extent not already

13 established, and will provide equal employment opportunities for all employees. As an

14 ongoing commitment to equal employment opportunity (“EEO”), MEI will take steps to

15 ensure that its managers and supervisors fully understand its EEO policies and how those

16 policies define and identify what constitutes employment discrimination.

17

12. Not later than sixty (60) days after the entry date of this consent decree, MEI

18 will: (a) review its EEO policy, and revise it if necessary, to ensure that it adequately

19 prohibits discrimination against applicants and/or employees on the basis of age with

20 respect to any term, condition or privilege of employment, and addresses MEI’s obligation

21 to provide a discrimination-free work environment for its employees; and (b) distribute, to

22 the extent not already done, a written copy of its EEO policy to all employees, both

23 management and non-management. MEI will provide EEOC with a written copy of its EEO

24 policy as part of its first annual report as provided in paragraph 19 below.

25

C. Training

26

13. Not later than sixty (60) days after the date of entry of this consent decree,

27 MEI will present to all managers and supervisors four (4) hours of training on employment

CONSENT DECREE - PAGE 3

E Q U A L E M P L O YM E N T O PP O R T UN IT Y C O M M I SS IO N
Seattle District Office Federal Office Building
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

discrimination, including discrimination against applicants and employees based on age.

12 MEI shall also present three (3) hours of training on employment discrimination to all

3 managers and supervisors annually thereafter for the duration of the decree. Managers

4 and supervisors who have received such training within the 60 days preceding entry of this

5 consent decree will have satisfied the training requirement for the first year of this decree if

6 the EEOC determines the training was comparable. The EEOC will have an opportunity to

7 review the training materials prior to the training date.

8

14. MEI will notify the EEOC of the completion of the training and will specify the

9 names and job titles of the employees who participated in and completed the training as

10 part of its annual reporting to the EEOC.

11

D. Expungement of Records

12

15. MEI will not disclose any information or make references to any charge of

13 discrimination or this lawsuit in responding to requests for information about Brinkley Barr.

14

E. Policies Designed to Promote Supervisor Accountability

15

16. MEI agrees that it shall impose substantial discipline -- up to and including

16 termination of employment, suspension without pay or demotion -- upon any supervisor or

17 manager who discriminates against any applicant and/or employee on the basis of age or

18 who retaliates against any person who complains or participates in any investigation or

19 proceeding concerning any such conduct. MEI shall communicate this policy to all of its

20 supervisors and managers.

21

17. MEI agrees that it shall continue to advise all managers and supervisors of

22 their duty to ensure compliance with the company’s EEO policy, and to report any incidents

23 and/or complaints of discrimination or retaliation of which they become aware. Consistent

24 with this commitment, MEI shall designate an individual (“hiring coordinator”) to be

25 responsible for all aspects of the hiring process, and this individual shall have training and

26 experience in EEO management. The hiring coordinator will develop a formalized, written

27 hiring procedure that describes each step of the hiring process as well as objective

CONSENT DECREE - PAGE 4

E Q U A L E M P L O YM E N T O PP O R T UN IT Y C O M M I SS IO N
Seattle District Office Federal Office Building
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

selection criteria for available positions. The hiring coordinator will ensure that all hiring

12 managers understand these procedures and policies.

3

18. The company agrees to revise its employee appraisal process to include

4 “commitment to equal employment opportunity” as a criterion for qualification and

5 performance evaluation for employees holding supervisory positions.

6

F. Reporting

7

19. MEI shall report in writing to the EEOC on an annual basis beginning sixty (60)

8 days following the date of entry of this consent decree the following information:

9

a. Certification that MEI completed four (4) hours of EEO training for managers

and supervisors within sixty (60) days following entry of this decree and three

10

(3) hours of training annually for each year thereafter for the duration of this

decree. MEI will provide the lists of attendees for all such training.

11

b. Certification that its EEO policy has been distributed to all current and newly

12

hired employees, together with a copy of the EEO policy described in

paragraph 12 and the hiring procedures policy described in paragraph 17;

13

c. A list of any changes, modifications, revocations or revisions to its EEO

14

policies and procedures which concern or affect the subject of discrimination

or retaliation.

15

d. Engineer applicant information for the positions identified in Exhibit 1 that MEI

16

filled during the annual period, including: name of applicant; application and

resume submitted by applicant; whether the applicant received an offer of

17

employment; and the reason(s) for the decision to reject or make

employment offers to the applicant;

18

e. A statement listing the other provisions of this decree that MEI is required to

19

perform and certifying that the company has complied with the terms of the

decree. If MEI has not complied with any term of the decree, the statement

20

will specify the areas of noncompliance, the reason for the noncompliance,

and the steps taken to bring MEI into compliance.

21 G. Posting

22 20. MEI will post a Notice, attached as Exhibit 2 to this consent decree. The

23 Notice shall be posted on a centrally located bulletin board at all MEI facilities within the

24 state of Washington for the duration of the consent decree.

25 VII. ENFORCEMENT

26 21. If the EEOC determines that MEI has not complied with the terms of this

27

CONSENT DECREE - PAGE 5

E Q U A L E M P L O YM E N T O PP O R T UN IT Y C O M M I SS IO N
Seattle District Office Federal Office Building
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

consent decree, the EEOC will provide written notification of the alleged breach to MEI.

12 The EEOC will not petition the court for enforcement of this consent decree for at least

3 thirty (30) days after providing written notification of the alleged breach. The 30-day period

4 following the written notice shall be used by the parties for good faith efforts to resolve the

5 dispute.

6

VIII. RETENTION OF JURISDICTION

7

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

8 retain jurisdiction over this matter for the duration of this consent decree.

9

IX. DURATION AND TERMINATION

10

23. This consent decree shall be in effect for three (3) years from the date the

11 court enters it. If the EEOC petitions the court for breach of this consent decree, and the

12 court finds MEI to be in violation of the terms of the consent decree, the court may extend

13 the duration of this consent decree.

14

X. CONCLUSION

15

24. The parties are not bound by any provision of this decree until it is signed by

16 authorized representatives of each party and entered by the court.

17 //

18 //

19 //

20 //

21 //

22 //

23 //

24 //

25 //

26 //

27 //

CONSENT DECREE - PAGE 6

E Q U A L E M P L O YM E N T O PP O R T UN IT Y C O M M I SS IO N
Seattle District Office Federal Office Building
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

Dated this 24th

day of January

, 2005.

12 A. LUIS LUCERO, JR.
3 Regional Attorney

ERIC S. DREIBAND General Counsel

4 JOHN F. STANLEY Acting Supervisory Trial Attorney
5 WSBA #15418

JAMES L. LEE Deputy General Counsel

6 WESLEY KATAHIRA Senior Trial Attorney
7 ISBA # 6188026

GWENDOLYN YOUNG REAMS Associate General Counsel

8 EQUAL EMPLOYMENT

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

OPPORTUNITY COMMISSION

9 Seattle District Office

Office of the General Counsel

909 First Avenue, Suite 400

1801 "L" Street, N.W.

10 Seattle, Washington 98104

Washington, D.C. 20507

Telephone (206) 220-6918

11 E-mail: Wesley.Katahira@EEOC.gov

12 BY: /s/ A. Luis Lucero, Jr.
13 Attorneys for Plaintiff
14

15 Holly M. Hearn, WSBA #26795 David Bowman, WSBA # 28523
16 DAVIS WRIGHT TREMAINE LLP 2600 Century Square
17 1501 Fourth Avenue Seattle, WA 98101-1688
18 Telephone (206) 622-3150 E-mail: hollyhearn@dwt.com

19

BY: /s/ Holly M. Hearn

20

WSBA #26795

21 Attorneys for Defendant

22

23

24

25

26

27

CONSENT DECREE - PAGE 7

E Q U A L E M P L O YM E N T O PP O R T UN IT Y C O M M I SS IO N
Seattle District Office Federal Office Building
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

THE HONORABLE RICARDO S. MARTINEZ

12

3

4

5

6

7

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

8

AT SEATTLE

9 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
10 Plaintiff,
11 v.
12 MICRO ENCODER, INC.,
13 Defendant.
14

) ) ) ) ) CIVIL ACTION NO. CV04-2065RSM ) ) ORDER APPROVING CONSENT ) DECREE [PROPOSED] ) )
)

15

The court, having considered the foregoing stipulated agreement of the parties,

16 HEREBY ORDERS THAT the foregoing consent decree be, and the same hereby is,

17 approved as the final decree of this court in full settlement of this action. This lawsuit is

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

19 court retains jurisdiction of this matter for purposes of enforcing the consent decree

20 approved herein.

21

DATED this

day of

, 2005.

22

23

THE HONORABLE RICARDO S. MARTINEZ

24

UNITED STATES DISTRICT JUDGE

25

26

27

CONSENT DECREE - PAGE 8

E Q U A L E M P L O YM E N T O PP O R T UN IT Y C O M M I SS IO N
Seattle District Office Federal Office Building
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

EXHIBIT 1

12

ENGINEERING POSITIONS COVERED BY MEI’S REPORTING

3

OBLIGATIONS

4 Pursuant to Section VI.F.19.d., MEI will monitor and report any hiring activity during a
5 reporting period with regard to any of the following job titles of engineering positions at 6 MEI:
7 Analog IC Design Engineer
8 Electronics Engineer
9 Embedded Software Engineer

10 Mechanical Engineer

11 PCB Design Engineer

12 Principal Engineer

13 Senior Electronics Engineer

14 Senior Software Engineer

15 Senior Software Test Engineer

16 Senior Systems Engineer

17 Senior Technical Services Engineer

18 Senior Vision System Engineer/Technology Transfer Coordinator
19 Software Engineer
20 Software Test Engineer
21 Senior Photonics Engineer
22 Senior Project Engineer
23 24 Senior Vision Systems Research Scientist 25 Vision System Research Engineer

26

27

CONSENT DECREE - PAGE 9

E Q U A L E M P L O YM E N T O PP O R T UN IT Y C O M M I SS IO N
Seattle District Office Federal Office Building
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

EXHIBIT 2

12

3 NOTICE TO ALL EMPLOYEES
4 This notice is being posted pursuant to an agreement between Micro Encoder, Inc.
5 (“MEI”) and the U.S. Equal Employment Opportunity Commission, entered as the result of 6 a resolution of a lawsuit in federal district court.

7

Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in

Employment Act of 1967, the Equal Pay Act of 1963, and the Americans with Disabilities

8 Act of 1990 are enforced by the EEOC and require the following:

9

That there be no discrimination against any employee or applicant for

10

employment because of the employee's race, sex, color, religion, national

origin, age (40 and above), or disability with respect to hiring, firing,

11

compensation, or other terms, conditions or privileges of employment.

12

It is an unlawful employment practice for an employer to retaliate against any

13

employees or applicants for employment because they have opposed a practice or

because they have made a charge, testified, assisted, or participated in any manner

14

in an investigation, proceeding, or hearing under these statutes.

15

MEI has instituted a training program to train its managers regarding the

16 requirements of the above statutes.

17

MEI has posted this notice because the company supports and will comply with

these federal laws in all respects.

18

19

20

21

22

23

24

25

26

27

CONSENT DECREE - PAGE 10

E Q U A L E M P L O YM E N T O PP O R T UN IT Y C O M M I SS IO N
Seattle District Office Federal Office Building
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

 </s> WAWD CM/ECF Version 3.0.4 - Docket Report

https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?712098877056836-L_...

CLOSED
U.S. District Court United States District Court for the Western District of Washington (Seattle)
CIVIL DOCKET FOR CASE #: 2:04-cv-02065-RSM

Equal Employment Opportunity Commission v. Micro Encoder Inc Assigned to: Hon. Ricardo S Martinez Cause: 29:626 Job Discrimination (Age)

Date Filed: 09/30/2004 Date Terminated: 01/28/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

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

V. Defendant Micro Encoder Inc

represented by David Michael Bowman DAVIS WRIGHT TREMAINE (SEA) 1501 4TH AVE STE 2600 SEATTLE, WA 98101-1688 206-628-7641 Email: davidbowman@dwt.com ATTORNEY TO BE NOTICED
Holly M Hearn DAVIS WRIGHT TREMAINE LLP 1501 4TH AVE STE 2600 SEATTLE, WA 98101-1688 206-622-3150 Fax: FAX 628-7699 Email: hollyhearn@dwt.com ATTORNEY TO BE NOTICED

1 of 2

5/29/2007 10:37 AM

WAWD CM/ECF Version 3.0.4 - Docket Report

https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?712098877056836-L_...

Date Filed 09/30/2004
10/07/2004 10/12/2004 10/25/2004 11/16/2004 12/29/2004 01/25/2005 01/28/2005

#

Docket Text

1 COMPLAINT and JURY DEMAND against defendant Micro Encoder Inc (Summons(es) issued) (Receipt # fee waived) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Summons)(PM, ) Additional attachment(s) added on 10/6/2004 (PM, ). (Entered: 10/06/2004)
2 NOTICE of Appearance by attorney Holly M Hearn and attorney David Michael Bowman on behalf of Defendant Micro Encoder Inc (Hearn, Holly) Modified docket text on 10/8/2004 (JEM, ). (Entered: 10/07/2004)
3 SERVICE OF SUMMONS and Complaint returned executed upon defendant Micro Encoder Inc on 10/7/2004 (RS, ) (Entered: 10/14/2004)
4 ANSWER to Complaint by Micro Encoder Inc.(Hearn, Holly) (Entered: 10/25/2004)
5 ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 12/29/2004, by Judge Ricardo Martinez. (LC, ) (Entered: 11/16/2004)
Reset Deadlines: Joint Status Report due by 1/28/2005 by stipulation of cnsl(LW) (Entered: 12/29/2004)
6 NOTICE by Plaintiff Equal Employment Opportunity Commission Proposed Consent Decree (Katahira, Wesley) (Entered: 01/25/2005)
7 ORDER APPROVING CONSENT DECREE by Judge Ricardo Martinez. (RS, ) (Entered: 01/31/2005)

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 </s> EEOC LITIGATION SETTLEMENT REPORT - January 2005

http://www.eeoc.gov/litigation/settlements/settlement01-05.html

EEOC v. Micro Encoder, Inc. No. CV4-2065RSM (W.D. Wash. January 27, 2005)
The Seattle District Office filed this ADEA case alleging that defendant, an electronics research and development firm wholly-owned by a Japanese corporation, failed to hire charging party into an integrated circuit design engineer position in its Kirkland, Washington office because of his age, 50. Charging party had much more than the stated minimum qualifications for the position, but defendant excluded him from the initial screening. One of the hiring officials told him that defendant was seeking a younger candidate. Defendant selected a 38-year-old who did not meet all of the minimum qualifications for the position. Under the 3-year consent decree resolving the case, the charging party will receive $82,750, representing backpay plus interest, liquidated damages, and frontpay. The decree provides that defendant will not unlawfully discriminate against applicants or employees based on age.

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[CONTENT] September 2004 | the Seattle District Office | EEOC | Micro Encoder, Inc. | the U.S. District Court | the Western District | Washington | the Age Discrimination | 1967 ||| fifty years old ||| January 2005 ||| three-year | EEOC | annual | 82,750 ||| 2008 [SUMMARY] In September 2004, the Seattle District Office of the EEOC brought this suit against Micro Encoder, Inc. in the U.S. District Court for the Western District of Washington alleging discrimination on the basis of age in violation of the Age Discrimination in Employment Act of 1967.  Specifically, the complaint alleged that the defendant refused to hire the charging party, a qualified individual who was fifty years old, as an engineer because of his age.  After a couple of scheduling orders, the parties settled in January 2005 through a consent decree.

The three-year decree contained a non-discrimination clause and required the defendant to: revise and distribute its EEO policy, provide EEO training for all its managerial employees, expunge the charging party's personnel file of all references to the charge of discrimination, designate a hiring coordinator to supervise the hiring process, report to the EEOC on an annual basis, post a notice of the decree, and pay $82,750 to the charging party. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2008.


