Case: EEOC v. Harbor Freight Tools USA

2:04-cv-01505 | U.S. District Court for the Western District of Washington

Filed Date: June 29, 2004

Closed Date: Oct. 31, 2007

Clearinghouse coding complete

Case Summary

In June 2004, the EEOC's Seattle office filed this complaint in the U.S. District Court for the Western District of Washington against Harbor Freight Tools USA, Inc., a tool and equipment catalog retailer with stores in 36 states, alleging violations of Title VII of the Civil Rights Act of 1964, specifically that defendant engaged in sexual harassment of female employees and retaliated against one by improperly discharging her. Three individual complainants intervened in the case in August 200…

In June 2004, the EEOC's Seattle office filed this complaint in the U.S. District Court for the Western District of Washington against Harbor Freight Tools USA, Inc., a tool and equipment catalog retailer with stores in 36 states, alleging violations of Title VII of the Civil Rights Act of 1964, specifically that defendant engaged in sexual harassment of female employees and retaliated against one by improperly discharging her. Three individual complainants intervened in the case in August 2004. A consent decree was agreed upon in October 2004 between the EEOC and the defendant and subsequently approved by the court. The intervenors dismissed their complaint in October 2004. The consent decree awarded $225,000 to the three complainants and enjoined the defendant from discriminating, harassing or retaliating in the future. The decree, which lasted three years, required the defendant to institute equal employment opportunity training, review and revise its EEO policies, expunge the complainants employment records, and provide certain regular reports to the EEOC.

The decree was entered in 2004 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Tony Friedman (7/26/2007)

Clearinghouse (12/27/2018)

Documents in the Clearinghouse

Document

2:04-cv-01505

Docket

EEOC v. Harbor Freight Tools USA, Inc.

Oct. 8, 2004

Oct. 8, 2004

Docket
1-1

2:04-cv-01505

Complaint

EEOC v. Harbor Freight Tools USA, Inc. d/b/a Harbor Freight Tools

June 29, 2004

June 29, 2004

Complaint
8

2:04-cv-01505

Intervenor's Complaint

EEOC v. Harbor Freight Tools USA, Inc. d/b/a Harbor Freight Tools

Aug. 27, 2004

Aug. 27, 2004

Complaint
10

2:04-cv-01505

Intervenor's First Amended Complaint

EEOC v. Harbor Freight Tools USA, Inc. d/b/a Harbor Freight Tools

Sept. 2, 2004

Sept. 2, 2004

Complaint
14

2:04-cv-01505

Consent Decree and (Proposed) Order of Dismissal

EEOC v. Harbor Freight Tools USA, Inc. d/b/a Harbor Freight Tools

Oct. 8, 2004

Oct. 8, 2004

Settlement Agreement

2:04-cv-01505

EEOC Litigation Settlement Report

EEOC v. Harbor Freight Tools USA, Inc.

Oct. 31, 2004

Oct. 31, 2004

Press Release

Resources

Docket

Last updated Aug. 31, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and JURY TRIAL DEMAND against defendant Harbor Freight Tools USA Inc (Summons(es) issued) (Receipt # fee waived) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(PM, ) (Entered: 07/01/2004)

June 29, 2004

June 29, 2004

2

SERVICE OF SUMMONS and Complaint returned executed upon defendant Harbor Freight Tools USA Inc on 7/9/2004 (RS, ) (Entered: 07/14/2004)

July 12, 2004

July 12, 2004

3

STIPULATION AND ORDER to extend deadline for dft to answer or otherwise respond to complaint by Judge Marsha J. Pechman. (RS, ) (Entered: 07/30/2004)

July 29, 2004

July 29, 2004

4

NOTICE of Appearance by attorney Damien Anthony Lee on behalf of Plaintiff Equal Employment Opportunity Commission (Lee, Damien) (Entered: 08/03/2004)

Aug. 3, 2004

Aug. 3, 2004

ORDER REASSIGNING CASE. Case reassigned to Judge James L Robart for all further proceedings. Judge Marsha J. Pechman no longer assigned to case. Hereinafter the case number shall be designated as C04- 1505JLR; trial dates and case schedule deadlines already set shall remain in place unless modified by Judge Robart; transfer as ordered by Judge Marsha J. Pechman. (SC, ) (Entered: 08/09/2004)

Aug. 9, 2004

Aug. 9, 2004

5

STIPULATION by parties. (Attachments: # 1 Proposed Intervenors' Complaint# 2 Proposed Order)(Johnson, Daniel) (Entered: 08/26/2004)

Aug. 26, 2004

Aug. 26, 2004

6

STIPULATION AND PROPOSED ORDER TO EXTEND DEADLINE FOR DEFENDANT TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT by parties. (Lee, Damien) Modified text on 8/30/2004 (MD, ). (Entered: 08/27/2004)

Aug. 27, 2004

Aug. 27, 2004

7

ORDER GRANTING plaintiff-intervenors Sandra Bernhardt, Rebecca Myer and Jarman Minar leave to intervene and file the proposed intervenors' complaint re 5 Stipulation by Judge James L Robart. (MD, ) (Entered: 08/30/2004)

Aug. 27, 2004

Aug. 27, 2004

8

Intervenor COMPLAINT & Jury demand, filed by Sandra Bernhardt, Jarman Minar, Rebecca Myer.(MD, ) (Entered: 08/30/2004)

Aug. 27, 2004

Aug. 27, 2004

9

STIPULATION AND ORDER to extend deadline for deft to answer or otherwise respond to complaint to 8/28/04 re 6 Stipulation by Judge James L Robart. (MD, ) (Entered: 08/30/2004)

Aug. 27, 2004

Aug. 27, 2004

10

AMENDED COMPLAINT against defendant Harbor Freight Tools USA Inc, filed by Sandra Bernhardt, Jarman Minar, Rebecca Myer.(Johnson, Daniel) (Entered: 09/02/2004)

Sept. 2, 2004

Sept. 2, 2004

11

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 10/22/2004; by Judge James L. Robart. (CC, ) (Entered: 09/10/2004)

Sept. 10, 2004

Sept. 10, 2004

12

STIPULATION AND PROPOSED Consent Decree by parties. (Attachments: # 1 Consent Decree Signed by Counsel# 2 Consent Decree Notice)(Lee, Damien) Modified text on 10/7/2004 (MD, ). (Entered: 10/06/2004)

Oct. 6, 2004

Oct. 6, 2004

13

NOTICE of Voluntary Dismissal of case by Intervenor Plaintiffs Sandra Bernhardt, Jarman Minar, Rebecca Myer (Johnson, Daniel) (Entered: 10/06/2004)

Oct. 6, 2004

Oct. 6, 2004

14

CONSENT DECREE and order of dismissal with prejudice and without costs or attorneys' fees to any party. Court retains jurisdiction of this matter for purposes of enforcing the Consent Decree approved herein by Judge James L. Robart. (MD, ) (Entered: 10/08/2004)

Oct. 8, 2004

Oct. 8, 2004

Case Details

State / Territory: Washington

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: June 29, 2004

Closing Date: Oct. 31, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Harbor Freight Tools USA, Inc. (Everett), Private Entity/Person

Case Details

Causes of Action:

State law

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

State Anti-Discrimination Law

Availably 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: 225000

Order Duration: 2004 - 2007

Content of Injunction:

Retaliation Prohibition

Discrimination Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Reporting

Expungement of Employment Record

Provide antidiscrimination training

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Disability (inc. reasonable accommodations)

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit