Case: EEOC v. OREGON ELECTRIC CONSTRUCTION INC

2:03-cv-02903 | U.S. District Court for the Western District of Washington

Filed Date: Sept. 24, 2003

Closed Date: Feb. 14, 2005

Clearinghouse coding complete

Case Summary

In September 2003, the Seattle District Office of the EEOC filed this suit against Oregon Electric Construction, Inc., d/b/a Washington Electric Group, in the U.S. District Court for the Western District of Washington alleging discrimination on the basis of sex and pregnancy in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant discriminated against the two charging parties, two female employees, because of their pregnancies by terminating the one and forcing t…

In September 2003, the Seattle District Office of the EEOC filed this suit against Oregon Electric Construction, Inc., d/b/a Washington Electric Group, in the U.S. District Court for the Western District of Washington alleging discrimination on the basis of sex and pregnancy in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant discriminated against the two charging parties, two female employees, because of their pregnancies by terminating the one and forcing the constructive discharge of the other. In November 2004, the defendant filed a motion for summary judgment. However, before this motion was ever decided, the parties reached a settlement through a consent decree in February 2005.

The decree contained a non-retaliation clause and required the defendant to pay $60,000, to be divided between the two charging parties. The defendant also agreed to: reaffirm its anti-discrimination policy, provide Title VII training for its senior level managers and operations team, and to notify the EEOC if it opens an office in Washington State within the five years following the decree's entry.

Summary Authors

Michele Marxkors (6/11/2007)

Documents in the Clearinghouse

Document

2:03-cv-02903

Docket

EEOC v. Oregon Electric Construction Inc

Feb. 14, 2005

Feb. 14, 2005

Docket
1

2:03-cv-02903

Complaint

EEOC v. Oregon Electric Construction Inc

Sept. 24, 2003

Sept. 24, 2003

Complaint
36

2:03-cv-02903

Corrected Consent Decree and Order [Proposed]

EEOC v. Oregon Electric Construction Inc

Feb. 14, 2005

Feb. 14, 2005

Settlement Agreement

Resources

Docket

Last updated March 18, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and JURY TRIAL DEMANDED against defendant Oregon Electric Construction Inc (Summons(es) issued) (Receipt # fee waived) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(PM, ) (Entered: 10/01/2003)

Sept. 24, 2003

Sept. 24, 2003

2

SERVICE OF SUMMONS and Complaint returned executed upon defendant Oregon Electric Construction Inc on 10/6/2003. (LS, ) (Entered: 10/17/2003)

Oct. 9, 2003

Oct. 9, 2003

3

MINUTE ENTRY setting status conference: The attorney who will be responsible for trying the case should attend the conference and be prepared to discuss the following matters at the conference: 1. The nature of the case, 2. The status of matters which are presently set before the Court, e.g., hearings, motions, etc., 3. The status of discovery and a time schedule for its completion, 4. A statement of any legal issues about which motions are contemplated and a possible briefing schedule, 5. An estimate of the number of days needed for trial, 6. Whether the case is jury or non-jury, 7. The date by which the case will be ready for trial, and 8. Settlement probabilities. Counsel for all parties are required to appear at the conference. If counsel office is outside of Seattle, arrangements can be made for telephonic participation in the conference. If counsel wish to make such arrangements, they should contact Julie Mahnke, Deputy Clerk at 206-553-4435. COUNSEL FOR THE PLAINTIFF IS DIRECTED TO NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED CONFERENCE. Status Conference set for 1/22/2004 09:00 AM before John C Coughenour. (JM,counsel) (Entered: 10/20/2003)

Oct. 20, 2003

Oct. 20, 2003

4

ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge John C Coughenour. (LS, ) (Entered: 10/21/2003)

Oct. 20, 2003

Oct. 20, 2003

5

ANSWER to Complaint, COUNTERCLAIM against plaintiff Equal Employment Opportunity Commission by Defendant Oregon Electric Construction Inc, Plaintiff Equal Employment Opportunity Commission. (Cook, Nena) (Entered: 10/24/2003)

Oct. 24, 2003

Oct. 24, 2003

6

CERTIFICATE OF SERVICE by Plaintiff Equal Employment Opportunity Commission re 4 Discovery and Depositions Order. (LS, ) (Entered: 11/05/2003)

Oct. 31, 2003

Oct. 31, 2003

7

ANSWER to Counterclaim by Plaintiff Equal Employment Opportunity Commission.(LS, ) (Entered: 01/05/2004)

Dec. 22, 2003

Dec. 22, 2003

9

NOTICE by Plaintiff Equal Employment Opportunity Commission of Selection of Mediator Pursuant to LR 39.1(c)(3) (Katahira, Wesley) (Entered: 07/02/2004)

July 2, 2004

July 2, 2004

10

Case transferred to the Hon. Ricardo S. Martinez. All pleadings filed in the future shall bear case number C03-2903RSM. Judge John C Coughenour no longer assigned to the case. (JM, ) (Entered: 07/12/2004)

July 12, 2004

July 12, 2004

11

MINUTE ORDER by Judge Ricardo Martinez: Mediation was to be completed by 7/9/04. Mediator's report due 8/2/04. (LC, ) (Entered: 07/13/2004)

July 13, 2004

July 13, 2004

12

REPORT from Mediator Michele Sales regarding failure of mediation on 7/19/04. (RS, ) (Entered: 07/29/2004)

July 23, 2004

July 23, 2004

13

INITIAL DISCLOSURES by Defendant Oregon Electric Construction Inc.(Cook, Nena) (Entered: 09/01/2004)

Sept. 1, 2004

Sept. 1, 2004

14

MOTION for Summary Judgment by Defendant Oregon Electric Construction Inc. Noting Date 12/10/2004.Oral Argument Requested. (Attachments: # 1 PROPOSED ORDER # 2 CERTIFICATE OF SERVICE)(Cook, Nena) Attachments not Identified, Modified on 11/18/2004 (LMS, ). (Entered: 11/17/2004)

Nov. 17, 2004

Nov. 17, 2004

15

DECLARATION of Glenn Patterson filed by Defendant Oregon Electric Construction Inc re 14 MOTION for Summary Judgment (Attachments: # 1 Exhibit)(Cook, Nena) Declaration Not Signed. Attachment Not Identified, Modified on 11/18/2004 (LMS, ). (Entered: 11/17/2004)

Nov. 17, 2004

Nov. 17, 2004

16

AFFIDAVIT of Jeff D. Brecht filed by Defendant Oregon Electric Construction Inc re 14 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1 # 2 Exhibit 2)(Cook, Nena) Affidavit not Signed; Attachments not Identified, Modified on 11/18/2004 (LMS, ). (Entered: 11/17/2004)

Nov. 17, 2004

Nov. 17, 2004

17

RESPONSE, by Plaintiff Equal Employment Opportunity Commission, to 14 MOTION for Summary Judgment. (Katahira, Wesley) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

18

DECLARATION of LAURA LINDBERG filed by Plaintiff Equal Employment Opportunity Commission re 14 MOTION for Summary Judgment (Katahira, Wesley) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

19

DECLARATION of JENNIFER WILKERSON filed by Plaintiff Equal Employment Opportunity Commission re 14 MOTION for Summary Judgment (Katahira, Wesley) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

20

DECLARATION of WESLEY KATAHIRA filed by Plaintiff Equal Employment Opportunity Commission re 14 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1 part 1# 2 Exhibit 1 part 2# 3 Exhibit 2 part 1# 4 Exhibit 2 part 2# 5 Exhibit 2 part 3# 6 Exhibit 3 part 1# 7 Exhibit 3 part 2# 8 Exhibit 3 part 3# 9 Exhibit 4# 10 Exhibit 5# 11 Exhibit 6# 12 Exhibit 7# 13 Exhibit 8# 14 Exhibit 9# 15 Exhibit 10# 16 Exhibit 11# 17 Exhibit 12# 18 Exhibit 13# 19 Exhibit 14# 20 Exhibit 15) (Katahira, Wesley) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

21

CERTIFICATE OF SERVICE by Plaintiff Equal Employment Opportunity Commission re 17 Response to Motion FOR SUMMARY JUDGMENT . (Katahira, Wesley) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

22

REPLY, filed by Defendant Oregon Electric Construction Inc, TO RESPONSE to 14 MOTION for Summary Judgment (Cook, Nena) (Entered: 12/09/2004)

Dec. 9, 2004

Dec. 9, 2004

23

DECLARATION of Jeff D. Brecht filed by Defendant Oregon Electric Construction Inc re 14 MOTION for Summary Judgment (Attachments: # 1 Exhibits 1-4# 2 Certificate of Service)(Cook, Nena) Attachments not Identified, Modified on 12/10/2004 (LMS, ). (Entered: 12/09/2004)

Dec. 9, 2004

Dec. 9, 2004

24

DECLARATION of Michael R. Trautman filed by Defendant Oregon Electric Construction Inc re 14 MOTION for Summary Judgment (Cook, Nena) (Entered: 12/09/2004)

Dec. 9, 2004

Dec. 9, 2004

25

SURREPLY filed by Plaintiff Equal Employment Opportunity Commission re 14 MOTION for Summary Judgment (Katahira, Wesley) (Entered: 12/15/2004)

Dec. 15, 2004

Dec. 15, 2004

26

DECLARATION of WESLEY KATAHIRA filed by Plaintiff Equal Employment Opportunity Commission re 14 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Katahira, Wesley) (Entered: 12/15/2004)

Dec. 15, 2004

Dec. 15, 2004

27

CERTIFICATE OF SERVICE by Plaintiff Equal Employment Opportunity Commission re 25 Surreply, 26 Declaration. (Katahira, Wesley) (Entered: 12/15/2004)

Dec. 15, 2004

Dec. 15, 2004

Set/Reset Deadlines & Hearings: At direction of the Court, Motions in Limine due by 1/25/2005; Proposed Pretrial Order due by 2/9/2005. Proposed Findings of Fact and Conclusions of Law to be submitted by 2/17/2005; Final Pretrial Conference set for 2/11/2005 01:30 PM before Hon. Ricardo Martinez. (LW) (Entered: 12/16/2004)

Dec. 16, 2004

Dec. 16, 2004

Set Oral Argument on 14 MOTION for Summary Judgment: Motion Hearing set for 1/13/2005 01:30 PM before Hon. Ricardo Martinez. (LW) (Entered: 12/16/2004)

Dec. 16, 2004

Dec. 16, 2004

28

NOTICE of Appearance by attorney Teri L Healy on behalf of Plaintiff Equal Employment Opportunity Commission (Healy, Teri) (Entered: 12/17/2004)

Dec. 17, 2004

Dec. 17, 2004

29

RESPONSE, by Defendant Oregon Electric Construction Inc, to 14 MOTION for Summary Judgment. (Attachments: # 1 Certificate of Service )(Cook, Nena) Attachment Not Identified, Modified on 12/20/2004 (LMS, ). (Entered: 12/17/2004)

Dec. 17, 2004

Dec. 17, 2004

30

DECLARATION of Jeff D. Brecht filed by Defendant Oregon Electric Construction Inc re 14 MOTION for Summary Judgment (Cook, Nena) (Entered: 12/17/2004)

Dec. 17, 2004

Dec. 17, 2004

31

MINUTE ORDER at direction of Judge Ricardo S. Martinez: Referring case to Judge Karen L. Strombom to conduct a settlement conference. Csnl are directed to contact Patti Hickey, judicial assistant, at 253-593- 6751 to schedule. (LW) (Entered: 01/12/2005)

Jan. 12, 2005

Jan. 12, 2005

32

APPLICATION by Defendant Oregon Electric Construction Inc AND ORDER admitting Jeff D Brecht pro hac vice. Receipt # 851173. (RS, ) (Entered: 01/13/2005)

Jan. 12, 2005

Jan. 12, 2005

33

MINUTE ENTRY for proceedings held before Judge Ricardo Martinez - Dep Clerk: Gail Glass ; Pla Counsel: Wesley Katahira ; Def Counsel: Nena Cook ; CR: Laurie Brigg, Vernon & Associates ; In Court Hearing held on 1/13/2005.The court hears oral argument from counsel on defendant's motion for summary judgment. (Dkt. #14). The court STRIKES the Pretrial Conference set for February 11, 2005 at 1:30 p.m., to be rescheduled later. The court DENIES the parties' two motions to strike. The court takes the matter under advisement, and will issue a ruling shortly. (GG, ) (Entered: 01/13/2005)

Jan. 13, 2005

Jan. 13, 2005

34

SEE CORRECTED FILING AT DOC #35; NOTICE by Plaintiff Equal Employment Opportunity Commission of Proposed Consent Decree (Katahira, Wesley) Modified on 2/10/2005 (ECS, ). (Entered: 02/09/2005)

Feb. 9, 2005

Feb. 9, 2005

36

ORDER APPROVING CORRECTED CONSENT DECREE, Case Dismissed with Prejudice and Without Costs or Attorneys' Fees to any Party by Judge Ricardo Martinez. (LMS, ) (Entered: 02/15/2005)

Feb. 14, 2005

Feb. 14, 2005

37

TRANSCRIPT of Proceedings held on 1/13/05 Motion for Summary Judgment before Judge Ricardo S Martinez. Court Reporter: L. Briggs. (SA, ) (Entered: 02/18/2005)

Feb. 14, 2005

Feb. 14, 2005

Case Details

State / Territory: Washington

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 24, 2003

Closing Date: Feb. 14, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Oregon Electric Construction, Inc. (Seattle, WA), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 60000

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Provide antidiscrimination training

Reporting

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits