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Case 2:06-cv-02284-SRB Document 1 Filed 09/22/06 Page 1 of 5




Mary Jo O'Neill, AZ Bar No. 005924
Sally C. Shanley, AZ Bar No. 012251
Michelle G. Marshall, AZ Bar No. 017358
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION, Phoenix District Office
3300 North Central Avenue, Suite 690
Phoenix, Arizona 85012-2504
Telephone: (602) 640-5020
Fax: (602) 640-5009
Emails: [email protected]
[email protected]
[email protected]



IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

PHOENIX DIVISION

Plaintiff,

EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,


SUNWEST FEDERAL CREDIT UNION,
A Federally Chartered Credit Union,


Defendant.




vs.





Case No.:


COMPLAINT

(JURY TRIAL DEMANDED)


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NATURE OF THE ACTION


This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the
Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex,
female, and provide appropriate relief due to Marlene Wight and a class of women as a
result of such unlawful practices. The Commission alleges that Sunwest Federal Credit
Union (hereinafter “Defendant”) discriminated against Marlene Wight and a class of
women by subjecting them to sexual and gender-based harassment. The Commission
further alleges that Defendant discriminated against Ms. Wight in retaliation for
complaining about the harassment by further harassing and then terminating her.

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Case 2:06-cv-02284-SRB Document 1 Filed 09/22/06 Page 2 of 5



JURISDICTION AND VENUE

1.

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

1337, 1343 and 1345. This action is authorized and instituted pursuant to Section
706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §
2000e-5(f)(1) and (3) ("Title VII") and pursuant to Section 102 of the Civil Rights Act of
1991, 42 U.S.C. § 1981a. The employment practices alleged to be unlawful were
committed within the jurisdiction of the United States District Court for the District of
Arizona, Phoenix Division.

PARTIES

2.

Plaintiff, the Equal Employment Opportunity Commission (the


"Commission"), is the agency of the United States of America charged with the
administration, interpretation and enforcement of Title VII, and is expressly authorized to
bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1).

credit union doing business in the State of Arizona and has continuously had at least 15
employees.

engaged in an industry affecting commerce within the meaning of Sections 701(b), (g)
and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

At all relevant times, Defendant has continuously been a federally chartered

At all relevant times, Defendant has continuously been an employer

3.

4.

STATEMENT OF CLAIMS

5. More than thirty days prior to the institution of this lawsuit, Marlene Wight


filed a charge with the Commission alleging violations of Title VII by Defendant. All
conditions precedent to the institution of this lawsuit have been fulfilled.

employment practices in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-
2(a)(1). These unlawful employment practices include, but are not limited to:

Since at least January 2004, Defendant has engaged in unlawful

6.

a.

A manager leering at and touching female employees without their
consent;

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Case 2:06-cv-02284-SRB Document 1 Filed 09/22/06 Page 3 of 5









b.
c.
d.

A manager referring to himself as a “babe magnet;”
A manager regularly referring to women as “bitches;” and
A manager yelling at, demeaning and intimidating female
employees.

7.

Since at least January 2004, Defendant has engaged in unlawful


employment practices in violation of Section 704(a) of Title VII, 42 U.S.C. § 2000e-3, by
retaliating against Ms. Wight by further harassing her and then discharging her from her
employment after she made complaints about the hostile work environment. These
unlawful employment practices include, but are not limited to:

a.

b.

A manager telling Ms. Wight, “You will not cost me my job. I will
take you out,” and “I am your executioner, I have my executioner’s
hood on and I’m ready to take your head off;”
A manager changing Ms. Wight’s job title and giving her unrealistic
goals to meet; and
Defendant disciplining and discharging Ms. Wight.

8.

9.

c.

The effect of the practice(s) complained of in paragraphs 6 and 7 has been
to deprive Marlene Wight and a class of women of equal employment opportunities and
otherwise adversely affect their status as employees, because of their sex, female.

were intentional.

The unlawful employment practices complained of in paragraphs 6 and 7
were done with malice or with reckless indifference to the federally protected rights of
Ms. Wight and a class of women.

The unlawful employment practices complained of in paragraphs 6 and 7

10.

PRAYER FOR RELIEF
Wherefore, the Commission requests that this Court:
A.



Grant a permanent injunction enjoining the Defendant, its officers,
successors, assigns and all persons in active concert or participation with it, from

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Case 2:06-cv-02284-SRB Document 1 Filed 09/22/06 Page 4 of 5



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C.

D.

E.

B.

Grant a permanent injunction enjoining Defendant, its officers, successors,

Order Defendant to make whole Marlene Wight by providing backpay with

engaging in the harassment of employees because of sex and any other employment
practice which discriminates on the basis of sex.

assigns and all persons in active concert or participation with it, from engaging in any
employment practice which discriminates or retaliates against any individual because of
the individual’s opposition to perceived unlawful employment practices and/or because
the individual filed a charge, testified, assisted or participated in an investigation or
proceeding under Title VII.

prejudgment interest, in amounts to be proved at trial, and other affirmative relief
necessary to eradicate the effects of its unlawful employment practices, including, but not
limited to, rightful place reinstatement or front pay.

Order Defendant to make whole Marlene Wight and a class of women by
providing compensation for past and future pecuniary losses resulting from the unlawful
practices described in paragraph 6 above, and make whole Marlene Wight by providing
compensation for past and future pecuniary losses resulting from the unlawful practices
described in paragraph 7, in amounts to be determined at trial.

providing compensation for past and future nonpecuniary losses resulting from the
unlawful practices complained of in paragraph 6 above, and make whole Marlene Wight
by providing compensation for past and future pecuniary losses resulting from the
unlawful practices described in paragraph 7, including but not limited to emotional pain,
suffering, inconvenience, mental anguish, and loss of enjoyment of life, in amounts to be
determined at trial.

damages for its malicious and/or reckless conduct described in paragraph 6 above, and
pay Marlene Wight punitive damages for its malicious and/or reckless conduct described
in paragraph 7, in an amount to be determined at trial.

Order Defendant to make whole Marlene Wight and a class of women by

F.

Order Defendant to pay Marlene Wight and a class of women punitive

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Case 2:06-cv-02284-SRB Document 1 Filed 09/22/06 Page 5 of 5



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

G.


public interest.


H.

Award the Commission its costs of this action.

JURY TRIAL DEMAND

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


complaint.

Respectfully submitted this 22nd day of September, 2006.










































































































































































































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RONALD S. COOPER
General Counsel

JAMES L. LEE
Deputy General Counsel
GWENDOLYN YOUNG REAMS
Associate General Counsel
EQUAL EMPLOYMENT
OPPORTUNITYCOMMISSION
1801 L Street, NW
Washington, D.C. 20507

s/ Mary Jo O’Neill
MARY JO O’NEILL
Regional Attorney

s/ Sally C. Shanley
SALLY C. SHANLEY
Supervisory Trial Attorney



s/ Michelle G. Marshall
MICHELLE G. MARSHALL
Trial Attorney
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
Phoenix District Office
3300 N. Central Ave.
Suite 690
Phoenix, Arizona 85012


Attorneys for Plaintiff