Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 1 of 86 Page ID #:1 1 2 3 4 5 Chris M. Heikaus Weaver, Bar No. 231907 chris@achwlaw.com Aitken Campbell Heikaus Weaver, LLP 3890 Eleventh St., Suite 210 Riverside, CA 92501 Telephone: (951) 530-4840 Facsimile: (951) 344-1762 Local Counsel for Plaintiffs 6 7 8 9 10 11 12 Giselle Schuetz giselle@joshuafriedmanesq.com Law Offices of Joshua Friedman, P.C. 1050 Seven Oaks Ln. Mamaroneck, NY 10543 Telephone: (888) 369-1119 x8 Facsimile: (866) 731-5553 To Be Admitted Pro Hac Vice on Behalf of Plaintiffs 13 UNITED STATES DISTRICT COURT 14 CENTRAL DISTRICT OF CALIFORNIA 15 16 17 18 CATHY SELLARS, CLAUDIA LOPEZ, and LESLIE FORTUNE, on behalf of themselves and all others similarly situated, 19 Plaintiff. 20 21 22 v. CRST EXPEDITED, INC., 23 24 Defendant. ______________________________ ) Case No. 5:15-CV-00969 ) ) COMPLAINT FOR DISCRIMINATION ) AND RETALIATION ) CLASS ACTION ) ) ) ) DEMAND FOR JURY TRIAL ) ) ) ) ) ) 25 26 27 28 1 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 2 of 86 Page ID #:2 Plaintiffs Cathy Sellars, Claudia Lopez, and Leslie Fortune, on behalf of 1 2 themselves and all others similarly situated, allege, upon personal knowledge as to 3 themselves and upon information and belief as to other matters, violations of Title VII of 4 5 the Civil Rights Act and the California Fair Employment and Housing Act as follows: I. JURISDICTION AND VENUE 6 7 8 9 10 1. This Court has subject matter jurisdiction over Plaintiffs' claims pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e-5(f), pursuant to 28 U.S.C. Sec. 1331 and 1343(a)(4), and pursuant to the California Fair Employment and Housing 11 12 Act, Government Code Sec. 12940, et seq. Venue is proper pursuant to 42 U.S.C. Sec. 2000e-5(f)(3) because the unlawful 13 2. 14 practices alleged herein were committed in part within this judicial district, and because 15 16 Plaintiffs would have worked in this judicial district but for the alleged unlawful 17 employment practices. 18 II. NATURE OF THIS ACTION 19 Plaintiffs Cathy Sellars, Claudia Lopez, and Leslie Fortune (hereinafter, “Class 20 3. 21 Representatives”) file this Complaint as a class action against CRST Expedited, Inc. 22 23 (“CRST”), a long-haul transportation company and wholly owned subsidiary of CRST 24 International. Female truck drivers at CRST are subjected to discrimination on the basis 25 of their sex, including a hostile work environment on the basis of sex, and retaliation as a 26 27 28 result of protected activity, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., and the California Fair Employment and Housing Act, 2 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 3 of 86 Page ID #:3 1 Government Code Sec. 12940, et seq. The Class Representatives seek to represent a class comprised of presently and 2 4. 3 formerly employed female over-the-road truck drivers for CRST who have been 4 5 subjected to one or more aspects of the systemic gender discrimination described in this 6 Complaint, including but not limited to: 7 8 9 10 a) Hostile work environment harassment based on sex; and b) Retaliation for complaining about harassment in the workplace. The systemic gender discrimination described in this Complaint has been, and is, 11 12 continuing in nature. The Class Representatives seek to represent a sub-class comprised of presently and 13 5. 14 formerly employed female over-the-road truck drivers for CRST who worked in 15 16 California and have been subjected to one or more aspects of the systemic gender 17 discrimination described in this Complaint, including but not limited to: 18 a) Hostile work environment harassment based on sex; and 20 b) Retaliation for complaining about harassment in the workplace. 21 6. The Class Representatives are seeking, on behalf of themselves and the classes 19 22 23 they seek to represent, declaratory and injunctive relief; back pay; front pay; 24 compensatory and punitive damages; and attorneys’ fees, costs and expenses to redress 25 CRST’s pervasive, discriminatory employment policies, practices and/or procedures. 26 27 28 3 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 4 of 86 Page ID #:4 III. PARTIES 1 2 3 A. Plaintiffs 7. Cathy Sellars is a woman and a resident of Niceville, Florida. She was employed 4 5 by CRST from December 2013 to present as a truck driver. She attended training classes 6 in Riverside, California 7 8 9 10 8. Claudia Lopez is a woman and a resident of Passaic, New Jersey. She was employed by CRST from May 2014 to January 2015 as a truck driver. She attended training classes in Waterloo, Iowa. 11 12 9. Leslie Fortune is a woman and a resident of St. Louis, Missouri. She was 13 employed by CRST from October 2013 to January 2015 as a truck driver. She attended 14 training classes in Cedar Rapids, Iowa. 15 16 B. Defendant 17 10. CRST Expedited, Inc. is a long-haul trucking company headquartered in Cedar 18 Rapids, Iowa, with driver terminals in Riverside, California; Oklahoma City, Oklahoma; 19 20 and Carlisle, Pennsylvania. It is a subsidiary of CRST International. 21 11. 22 23 Employment and Housing Act. IV. 24 25 Defendant is an employer for the purposes of Title VII and the California Fair 12. PROCEDURAL HISTORY Class representative Cathy Sellars filed a Charge of Discrimination against CRST 26 27 28 with the Equal Employment Opportunity Commission (“EEOC”) on August 8, 2014, and filed an Amended Charge on November 28, 2014, both on behalf of herself and a class of 4 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 5 of 86 Page ID #:5 1 similarly situated persons. Class Representative Claudia Lopez timely filed a Charge of 2 Discrimination with the EEOC on behalf of herself and a class of similarly situated 3 persons. Class Representative Leslie Fortune timely filed a Charge of Discrimination 4 5 with the EEOC on behalf of herself and a class of similarly situated persons. 6 13. 7 8 9 Class Representatives Sellars, Fortune and Lopez received Notices of Right to Sue. This lawsuit was timely filed within 90 days of receipt of those Right to Sue letters, which are attached as Exhibit A. 10 V. CLASS CLAIMS 11 A. CRST's Organizational Structure and Driver Training Program 13 14. CRST Expedited, Inc. (“CRST”) is a long-haul transportation company that 14 employs over-the-road truck drivers, who transport and deliver loads around the country 12 15 16 in teams of two. 17 15. 18 CRST is headquartered in Cedar Rapids, Iowa, and its President is Cameron Holzer. 19 One Human Resources office, located in Cedar Rapids, serves all CRST drivers. 20 16. 21 Its head is Karen Carlson, Human Resources manager. 22 17. All CRST drivers are subject to the same set of Human Resources policies. 24 18. All CRST truck drivers receive their instructions from dispatchers, also known as 25 fleet managers, all located in a single office in Cedar Rapids. 23 26 27 28 19. CRST terminals are located in Riverside, California; Oklahoma City, Oklahoma; Carlisle, Pennsylvania; and Cedar Rapids, Iowa. Each terminal has a manager. The 5 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 6 of 86 Page ID #:6 1 Carlisle and Oklahoma City terminals are more like garages or warehouses. Unlike 2 Riverside and Cedar Rapids, they do not have offices and living accommodations for 3 trainers, drivers and trainees. 4 Drivers begin and end their trips (or “runs”) at the four terminals, and spend time 5 20. 6 at the terminals while they are waiting to be paired with new co-drivers. All drivers may 7 8 9 10 stop at any and all of the four terminals depending on what route they have been assigned to drive at that particular time. 21. Drivers may live at the terminals for limited periods from time to time. For 11 12 13 14 example, the terminal in Riverside, California has dorms, a cafeteria, and facilities for driver training classes. 22. New truck drivers enter CRST's training program. Drivers first attend 15 16 approximately two weeks of classes, held either at one of the driver terminals, or at an 17 affiliated community college site. 18 23. After completing the classes, trainees are paired with a truck driver trainer, also 19 20 referred to as a “lead driver,” and go out on the road, where CRST published rules require 21 28 days of driving instruction. 22 23 24. Eligibility requirements to work as a trainer, published in CRST's Employee 24 Handbook, do not include the requirement that the trainer has not engaged in harassment 25 in the past. 26 27 28 25. During training, the trainer's dispatcher also serves as the dispatcher for the trainer's trainee. 6 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 7 of 86 Page ID #:7 1 26. The trainer provides instruction, and documents the trainee's driving skills in such 2 tasks as shifting, backing, parallel parking, and other maneuvers. The trainer produces 3 this documentation to CRST at the conclusion of the over-the-road training period. The 4 5 trainer's recommendation and documentation are the basis of CRST's decision whether 6 the trainee passes the training. 7 8 9 10 27. Trainees earn significantly less pay than drivers who have completed their training. 28. Trainees are required to enter into an eight month contract to drive upon completion of training. The cost of training, several thousand dollars, is forgiven by 11 12 CRST only if the trainee fulfills her eight month contract. When she is sexually assaulted 13 during training, or during her time as a co-driver prior to the completion of the eight 14 months, her choice is to remain at CRST and endure the sexual abuse; report it, continue 15 16 to endure it due to CRST's indifference to complaints, and suffer retaliation; or quit, owe 17 CRST thousands of dollars, and potentially be sued for payment. When women sue 18 CRST due to sexual harassment, CRST is known to counterclaim to recover the cost of 19 20 training. 21 29. 22 23 24 25 Truck drivers make all runs in pairs. Each driver has a 12 hour shift “on” followed by 12 hours “off,” while their partner drives, so that the vehicle is stopped for significantly less time than it would be with only a single driver. 30. During their “off” time in transit, drivers sleep in the truck. Each truck has a 26 27 28 sleeper berth containing bunk beds. For safety reasons, drivers are only permitted to sleep on the bottom bunk while the truck is in motion. When the truck is stopped for a 7 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 8 of 86 Page ID #:8 1 2 3 more extended period, such as while waiting for the truck's next load to be ready for shipment, the drivers may sleep simultaneously and use both bunks. 31. Drivers work for three weeks, and then are off for a fourth week. 5 32. Drivers are paid per mile driven. During times they are not driving, drivers are not 6 paid. 4 7 8 9 10 33. CRST maintains a list of available co-drivers, with names and contact information, at all times. When a driver does not currently have a partner, he or she can access this list and contact potential co-drivers. The two then generally meet at a terminal before 11 12 13 14 agreeing to drive together. Drivers therefore generally work with multiple partners, and can re-encounter each other within the single pool of available co-drivers. 34. A driver may choose to wait at the terminal for a particular co-driver to become 15 16 available, however during the waiting time he or she will earn nothing. 17 35. Each driver is assigned to a particular dispatcher. 36. All trucks are equipped with the Qualcomm communication system. Qualcomm is 18 19 20 a small computerized device, similar in appearance to a laptop, which drivers use to 21 communicate with dispatchers. Drivers sign in and out on the Qualcomm system when 22 23 24 25 they make stops, similar to a timeclock. They can type messages, analogous to a text message or email, and transmit them to dispatch. 37. The Qualcomm system has a nightly outage, known to all drivers, from 26 27 28 approximately 9-11pm. If drivers send messages via Qualcomm during the down time, dispatch will not receive them until the system is back up. 8 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 9 of 86 Page ID #:9 B. The Pattern or Practice Began at Latest in 1999 2 38. On September 27, 2007 the EEOC filed suit against CRST in EEOC v. CRST Van 3 Expedited, Inc., No. 07-cv-95-LRR (N.D. Iowa 2007), alleging that a class of female 1 4 5 CRST truck drivers were subjected to sex discrimination and retaliation, when their 6 trainers or co-drivers subjected them to sexual harassment and CRST failed to prevent, 7 8 9 10 correct, and protect them from the hostile work environment. 39. Sworn testimony obtained by EEOC in discovery revealed a chronic pattern of sexual harassment and sexual assaults by male co-drivers and trainers against women 11 12 drivers. Trainers who sexually assaulted women were virtually never disciplined. The 13 only consequence they faced was being barred for six months from training women, and 14 this was inconsistently applied. Because the women trainees depended on their trainers 15 16 for promotion and a raise, and feared financial ruin if they quit, CRST's policy actively 17 encouraged sexual assault. The trainer controlled virtually every aspect of the trainees 18 life, including when she showers, uses the bathroom, eats, and sleeps. CRST repeatedly 19 20 ignored the complaints of sexual assault victims, and reassigned repeat offenders to other 21 women, to commit preventable sexual assaults, again. The EEOC litigation revealed that 22 23 24 25 CRST was indifferent to the consequences of its misconduct, over a decade and a half— now two and a half decades. 40. In 1999, Priscilla Stephenson's trainer told her she would not pass unless she slept 26 27 28 with him. Stephenson Dep. Dec. 12, 2008, 30/6-19. When she complained to her supervisors, one told her the trainer had been “just joking around.” Id. 38/13-23. 9 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 10 of 86 Page ID #:10 1 41. Ms. Stephenson complained to her dispatcher: 2 Q. ....And what did the dispatcher say? 3 A. The dispatcher tried to get me to get back on the truck and ride with him until 4 5 Eight Mile, Alabama. 6 ....And I said, No. 7 Q. What did you tell the dispatcher why you wanted the [bus] ticket? 8 A. Because he had--I told him that the lead driver was planning a threesome with 9 10 some lot lizards [prostitutes]....and I was going to have sex with him and them 11 women whether I liked it or not, or I wasn't going to pass. 12 13 14 Stephenson Dep. 68/1-12. In response, her dispatcher hung up on her. Id. 71-72. 42. The EEOC identified 270 female drivers who complained that their trainers and 15 16 co-drivers had raped or sexually assaulted them; propositioned them for sex, in some 17 cases saying they would not pass their training otherwise; induced them to have sex in 18 exchange for a guarantee of passing; and made sexually offensive comments or threats, or 19 20 touched them. Pl. Mem., EEOC v. CRST Van Expedited, Inc., 8th Cir. Appellate Case No. 21 10-1682, Dkt. Entry ID No. 3693314 at 3, 15-16. 22 23 43. Seventy-two women complained to CRST about sexual harassment in the year 24 2005 alone, half of whom complained that their male trainer or co-driver had 25 propositioned them for sex. Id. at 9. 26 27 28 44. Driver Jennifer Susson's trainer Roy Handy sexually propositioned her, and Human Resources ignored her complaint about him: 10 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 11 of 86 Page ID #:11 He was making gestures to me of how my legs would be nice wrapped around his 1 2 body, how I had a nice ass. He wanted to know if he could take me for a ride in his 3 new car that he had....he made a comment one day that if I got lonely in the top 4 5 bunk, I could come down to the bottom bunk and he would keep me occupied. 6 When I failed to do so, I felt that he had gotten angry and he had gotten up after 7 about 10 minutes—I felt like he was waiting on me—he got up throwing stuff, you 8 know, acting just aggravated, got out, slammed the door and went inside to the 9 10 truck stop. 11 12 Susson Dep., Dec. 11, 2008, 18/20-19/12. He slapped her rear end twice. Id. 47/6-11. 13 When she complained to HR, she was told something to the effect of “that's what you get 14 for working in a man's industry.” Id. 56/12-18. 15 16 17 18 45. Driver Christine Taylor was sexually assaulted by her trainer Charles Young: ….I had been siting in the driver's seat, and he had called me a fat bitch. And I stood up and faced him....And he stood up, and he took one of his legs and he 19 20 shoved it up in between mine all the way up. And then he rubbed his chest back 21 and forth across the front of my chest. And then I took my hand and put it on his 22 23 shoulder to push him back a little bit, and I told him, You can't be doing that to me. 24 And then he shoved me real hard against my shoulder and he says, You can't push 25 me. And he pushed—he hit me so hard that I fell over backwards into---in 26 27 28 between the driver's seat and the gear shift knob. And then when I was trying to get up, I noticed that his zipper was down. 11 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 12 of 86 Page ID #:12 1 C. Taylor Dep., Dec. 30, 2008, 38/11-39/4. She complained to her dispatcher and Human Resources. C. Taylor Dep. 51/13- 2 46. 3 52/16. Young simply continued training on a different truck: 4 5 Q.....Do you know whether or not Mr. Young continued to drive for CRST? 6 A. At that time he did. 7 Q. And how do you know that? 8 A. Because the dispatcher told me that he was in the terminal going to be getting 9 10 on another truck, and I was to stay away from him. 11 12 Id. 52/17-23. Driver Laura Taylor heard her male co-workers talking about women's bodies over 13 47. 14 the CB radio “all the time”: 15 16 A. ….There was a girl walking across the yard on the Fontana yard and they were 17 on the Cbs talking and, you know, oh, look at her boobs. Oh, yeah, look at her. 18 She's got a nice ass. You know, stuff like that, and I'm just like, yuck. 19 20 Q. So you overheard comments on the CB in the yard-- 21 A. Yes. 22 23 Q. --about a woman and her body? 24 A. Yes. Yes. 25 Q. All right. 26 27 28 A. All the time. …. 12 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 13 of 86 Page ID #:13 Q. Who were you driving with when it happened? Any idea who among the seven 1 2 or eight people that you were with? 3 A. All of them. 4 5 Q. Well-- 6 A. It happens all the time. 7 8 9 10 L. Taylor Dep., Dec. 11, 2008, 83/15-84/19. 48. Driver Latesha Thomas was was harassed by her trainer Brown: ...I put my stuff in the truck, and I noticed that the top bunk wasn't down, it was 11 12 just one bunk, and he was saying that the bolts was broke, and I told him if the 13 bolts are broke, then I can't train a route with you because I'm not going to sleep in 14 the same bed with you, because that's what he told me, that we would have to sleep 15 16 in the same bed until he got the top bunk fixed, and I told him I will call dispatch, 17 so when I told him that, all of a sudden the bunk tends to let down. …. when I 18 would get out of the truck, he would say little—litle stuff like he would like some 19 20 fries with that shake....two days later, that's when he started making the sex 21 gestures; he was holding his crotch and saying that he haven't been with a black 22 23 woman in so many years, he wanted to know how it would feel to be with a black 24 woman, and that he wouldn't mind sleeping with me....and it just continued on 25 from there. 26 27 28 Thomas Dep., Aug. 26, 2008, 32/12-34/4. ….he was trying to have sex with me, how he would sleep in the nude, how he'd 13 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 14 of 86 Page ID #:14 try to put his hand up in the bunk when I would go to bed and told me if I was—he 1 2 was ready for him—I mean, if I was ready for him, let him know, that he'd want to 3 have sex with me, and I told him no. 4 5 Id. 37/5-15. 6 49. 7 8 9 10 When she reported Brown's conduct to a fleet manager, she was just told he would speak with Brown to see what was going on. Thomas Dep. 40/24-41/6. She saw a Qualcomm message in which Brown told the fleet manager everything was going fine. Id. 53/10-16. 11 12 13 14 50. When Ms. Thomas continued to resist Brown's advances, he enlisted the police to kick her off the truck: I said... “I'm tired of the way you're talking to me. I'm tired of the way you come 15 16 at me for sex. I can't take it no more,” and he's like, “If you're not going to drive 17 the damn truck, then you get the hell off my damn truck, and I'll put your ass out,” 18 and I told him, I said “You cannot put me out, you cannot put me out of this truck 19 20 in the middle of nowhere. I don't even know where the hell I am.”....as I'm getting 21 my things, when I turned around, it's a bunch of polices [sic] around the truck 22 23 24 25 tellign me I need to get off the truck, so they escorted me off the truck....I don't know what he told them, but they took me to a hotel. Id. 59/3-60/20. Ms. Thomas spoke with Human Resources the next day to report what 26 27 28 had occurred. Id. 71/6-25. She went home by bus using her own funds. Id. 70/7-12. She repeatedly contacted her fleet manager to find out what if anything CRST had done in 14 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 15 of 86 Page ID #:15 1 2 3 response to her complaint, but no one at CRST would respond to her about it. Id. 72/1473/6. 51. Driver Monica Starke asked to be taken off her trainer's truck because of his 4 5 offensive sexual remarks: Q. ….What did Mr. Smith say to you before the first time that you called the 6 7 company that you felt was talking to you like a whore? 8 A. ….He did it all the time. 9 10 …. “The old German woman got big tits. I don't mind that you share the bunk 11 with me. The gearstick is not the penis of your husband, and your husband is a 12 very old man. You need to have some super dick.” 13 14 Starke Dep. 48/9-21. The dispatcher she complained to told her to “hang in there” and 15 16 bring the load where it needed to go. Id. 50/4-13. 17 52. 18 She tried to send a message via Qualcomm, but did not know how to do it yet: “And he saw that I was trying to write something, and he threw that Qualcomm 19 20 (indicating) across the truck. He was very mad, very mad. 'You bitch, you don't do that 21 to me.'” Id. 51/9-21. 22 23 53. That night he assaulted her: “I....went back on the truck...and [Smith] said [that 24 gas station was] the place where we stay tonight and then I tried to get on my top bunk, 25 and he had his pants down and tried to pull my pants down, and I kicked him in the 26 27 28 belly.” Id. 52/21-52/2. She had to spend the rest of the night in the front seat. Id. 54/2123. 15 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 16 of 86 Page ID #:16 1 2 54. Ms. Starke's next trainer, David Goodman, requested sex as a condition of passing her training, and then raped her when she refused: 3 A. He said that I have—he have to grade me, and I say, “Yeah, I know you have to 4 5 grade me. What up with it?” He said, “Well, you give me a piece of your ass, and 6 I will grade you and will pass you,” and I said, “No”, and he said, “Don't be silly. I 7 can fail you. The company, they will not hire you completely and you will lose 8 your job.” 9 10 …. 11 Q. Okay; and then what happens? 12 A. He forces me to have sex with him. 13 14 Id. 64/4-65/14. He continued forcing her to have sex with him for the remainder of her 15 16 time on the truck. Id. 68/1-4. 17 55. 18 CRST solely gave Goodman a “no females” designation. He was subsequently terminated for unrelated performance reasons. See EEOC v. CRST, Case No. 1:07-cv- 19 20 00095-LRR, Dkt. No. 148-72, APP 2935. 21 56. 22 23 Driver Jonne Shepler's trainer John Kewley subjected her to offensive sexual advances and played pornography while she tried to sleep: 24 ...I made a comment that it was cold in there. And he pulled back the covers of his 25 bed and said to—to “come on in, and I'll keep you warm.” 26 27 28 … We were at a truck stop, and I was fixing to go in and take a shower. And that's 16 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 17 of 86 Page ID #:17 when he told me, “Oh, by the way, I forgot to mention, students take showers with 1 2 their trainers.” 3 … 4 5 After that, it happened on a daily basis. Apparently, he said he was quite proficient 6 at performing oral sex on women, and he wanted to show me what it was like. …. 7 That was the night he started playing the Playboy Channel music....It was audio 8 porno that he had on XM Radio. I was trying to sleep in the top bunk when I heard 9 10 it go on. 11 … 12 He said he gives the best head in the world, and all types of stuff like that. 13 14 Shepler Dep. Aug. 11, 2008, 88/20-24; 92/10-15; 93/1-18; 156/24-157/14. 15 Driver Janet Lyn Ranney's co-driver Wilson was involved in a sexual harassment 16 57. 17 case brought by a former trainee even before she began driving with him. Ranney Dep. 18 Oct. 16, 2008, 66/19-24; 73/5-18. After she endured his offensive sexual remarks, he 19 20 21 22 23 threatened to kill her if the case didn't go well: After I had climbed into the truck and had asked him, “Just, please, just give me a little space. I know you're trying to be nice,” and whatever I said, and he slammed 24 the door behind him, kicked the front of the truck and started kicking rocks all the 25 way over across the yard....I could hear him cussing extremely loudly. 26 27 28 … I'm getting ready to climb up there [to the top bunk]....again the windshield is open 17 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 18 of 86 Page ID #:18 so I am thinking of a way that I can change my clothes for the trip ahead....[He 1 2 said] “Well, you don't—you don't have to worry about that. You can change in 3 front of me.” “Well, I don't feel comfortable doing that.” ….[I said] “No, no, it's 4 5 okay. I'll just sleep in my clothes.” So I go to climb up. [He said] “You know 6 what? You don't have to sleep in anything.” 7 ... 8 A. ….I decided it was necessary that I try to sever the relationship with him 9 10 somehow. That—that was my best idea. 11 Q. And was it after you said that to him that he made the statement that “I sure 12 13 hope this [sexual harassment] case goes well for me in California because I could 14 kill you with my bare hands”? 15 A. Yes, sir. 16 17 18 Id. 66/13-18; 88/7-16; 90/21-91/20; 104/19-105/6. 58. Driver Denise Roundtree's dispatcher told her to “tough it out” when she reported 19 20 21 22 23 that her trainer, Marshal Wortham, was forcing her to listen to pornography while driving: Then about the second day out on the trip was when he had played the pornography, and I asked—the next day is when I asked to be assigned to another 24 truck. 25 … 26 27 28 ….He came from the back to the passenger seat, sat the radio on the dash and—I was driving. And then when I understood what it was, I said, “Excuse me.” I said, 18 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 19 of 86 Page ID #:19 “I don't speak that way....I'd appreciate it if you would either change the channel or 1 2 turn it off.” And he said, “No. I am listening to it.” 3 …. 4 5 Q. So you called Scott[, your dispatcher,] after this disagreement with Marshal. 6 And what does Scott tell you? 7 A. ….He said, “Well, I understand but I don't have anybody that I can transfer you 8 to right now.” He said, “You are out in the middle of nowhere, and if I take you off 9 10 the truck, I don't know how long would it be before I can send somebody else up 11 there.” He says, “So what I am asking you to do is just tough it out.” …. I said, “I 12 13 don't want to be here; I am uncomfortable.” He said, “I understand, but I really 14 don't have anybody else I can change you with right now.” 15 16 …. 17 ….The next time I'm driving, he comes up front. He sits down beside me and he 18 turns on his radio and it's playing a song called, “Fuck you, Bitch.” And he turns it 19 up as loud as it can and he sits it right by my head. 20 21 Roundtree Dep. Oct. 30, 2008, 52/1-4; 53/18-54/4; 58/24-60/3; 61/10-15 22 23 24 25 59. Her second trainer, Christian Turner, repeatedly asked her to have sex with him, and when she refused, he groped her as she was sleeping: Well, he kept wanting to know why I wouldn't have sex with him. …. You know, 26 27 28 “Well, why won't you have sex with me?”....I told him I wasn't going to. I told him I wasn't there for that, but he thought he had the right to ask me why I wouldn't. 19 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 20 of 86 Page ID #:20 …. 1 2 It was raining one night….I was in my sleeping bag in the bottom bunk. He pulled 3 the truck over. He said, “As soon as it clears up enough, I'm going to keep on 4 5 driving.” He said, “Can I sit on the edge of the bed?” I bumped the sleeping bag 6 over. 7 ….So I was between sleep and awake, not paying much attention to him. And he 8 spun over and spooned me. 9 10 ….He wrapped his arms around me and tucked his knees up behind where I was in 11 the sleeping bag. And I said, “what do you call yourself doing?” And that's when 12 he put his hand down [and grabbed my chest]. 13 14 Roundtree Dep. 86/9-19; 87/17-88/23. 15 Driver Jammie Scott complained to her dispatcher that her co-driver Mike 16 60. 17 Robertson was repeatedly making sexual remarks to her and touching her. The dispatcher 18 left her on the truck with Robertson, and just said he'd “deal with it” at an indeterminate 19 20 21 22 23 point in the future: With Mike, he was continuously touching me, trying to rub my shoulders, you know, me shrugging off comments he was making. I just felt really uncomfortable. 24 I got to the point where I was scared. And I told the dispatch about it. Their idea 25 of handling it was, when we come back to Cedar Rapids, he would deal with it. 26 27 28 …. [He made comments about] How good I looked...Oh, if I would let him massage 20 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 21 of 86 Page ID #:21 me, he would show me what a man was like, and, you know, just stuff like that. 1 2 …. 3 There were a bunch of guys standing over by some trucks, and Mike grabbed my 4 5 hand to hold it. I guess to insinuate that we were a couple walking through there or 6 something. 7 …. 8 9 ...I woke him up to help me get [the truck] backed up. He told me to come back 10 there and lay with him for a minute while he woke up, and then he would get up 11 and help me back up into the dock. 12 13 …. 14 Q. ….Did [the dispatcher to whom you complained] ask you if you wanted to get 15 16 off the truck? 17 A. No. 18 Q. Did he tell you when they were going to handle it? 19 20 A. Just whenever we'd come through Cedar Rapids. 21 Q. Were you anywhere near Cedar Rapids at the time? 22 A. No. 23 24 Q. Did you have, at that time, a route that was going to take you to Cedar Rapids? 25 A. No. 26 27 28 Scott Dep. Dec. 4, 2008, 20/20-21/5; 33/1-5; 38/14-24; 39/17-40/3; 65/2-14. 61. Driver Kathleen Seymour 's trainer Scott Martin watched pornography in her 21 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 22 of 86 Page ID #:22 1 2 3 presence, made offensive remarks to her and bragged about his sexual exploits with his former trainee: After his wife dropped us off, we were on the truck, got our luggage in and he was 4 5 sitting in the driver's seat and I'm in the passenger seat. And he said to me, I have 6 to talk to you about a couple things....and he says what happens on the truck, stays 7 8 9 10 on the truck. And then he told me that I was welcome to sleep in the bottom bunk [implying with him]. And I felt uncomfortable. …. 11 12 ….he looked over at me and said....you know, your husband is a lucky guy, you're 13 a beautiful woman....And then said, you know, it does get lonely out here on the 14 truck. I get tired of using my five fingers, and he puts his hand up. 15 16 …. 17 ….And I'm driving and I didn't know where to go. What the hell, Scott. Scott, and 18 I'm like holy shit, I can see porno on the TV. And I see his leg and he's moving and 19 20 I could hear him moaning. 21 …. 22 23 It was time to go to bed, so I got up on the top [bunk] and I was laying there....I 24 was facing the other way, and I hear heavy breathing, oh please, this is crap....So I 25 roll over and there's a porno, there's women eating each other out, watching this 26 27 28 porno, I can hear him.... …. 22 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 23 of 86 Page ID #:23 Before that he was telling me about his other student he had on there, his other 1 2 female student....he said she slept in the bed with him. Because again, I believe it 3 was the second or the third day he offered for me to sleep in his bed again....And 4 5 then he told me—he was laughing, it was so funny. Oh, yeah, the one day I came 6 back from taking a shower, she was laying back there in my bed, she's got her legs 7 spread eagle and she's fucking masturbating with her dildo. This is cute. Even 8 when I told human resources, Jim Barns, is laughing, laughing. 9 10 Seymour Dep. Dec. 11, 2008, 69/6-70/4; 72/1-16; 73/17-74/21; 78/23-79/20; 81/19-82/16 11 12 13 14 62. One hundred and fifty women were deposed in EEOC v. CRST Van Expedited, Inc., and described similar sexual assaults and harassment. 63. EEOC v. CRST Van Expedited, Inc. was dismissed after the Eighth Circuit held that 15 16 the EEOC had not satisfied its statutory obligation to conciliate before filing suit. 17 64. 18 The conduct described in sworn testimony in the EEOC case exemplifies CRST's standard operating procedure of sex discrimination, which has continued, and become 19 20 more physical, because CRST has done nothing that could be reasonably expected to stop 21 it. As a consequence, it has gotten worse through the Named Plaintiffs' employment and 22 23 24 25 up to the present. C. Continuation of the Pattern or Practice of Sexual Assaults on Women 65. CRST's policy of creating a hostile work environment begins in its training 26 27 28 facilities. Male CRST drivers make offensive sexual comments and/or engage in sexually offensive behavior towards class members in the Terminals on a daily basis. 23 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 24 of 86 Page ID #:24 1 66. In the Terminals, male drivers regularly proposition female drivers for sex, 2 comment on their bodies, and discuss the appearance of women in the Terminal and what 3 they did sexually with women. 4 Trainers and Dispatchers regularly witness the Terminal Managers engaging in 5 67. 6 offensive sexual conduct—which violates CRST Rules—towards women drivers. 7 8 68. By way of example, and not limitation, current Riverside, California Terminal 9 Manager Alvin Hoggard (formerly Terminal Manager when the same terminal was 10 instead located in Fontana, California) sexually harassed trainee Kathy VonHatten. 11 12 Hoggard repeatedly sent her sexual text messages; told her he would “go back on the 13 road” for her; and sexually assaulted her when she walked into his darkened office, 14 running his hands over her and forcibly kissing her. 15 When CRST supervisors who work in the Terminals, including Terminal 16 69. 17 Managers, engage in sexual harassment, it gives license to subordinate supervisors, on 18 down to Trainers, to do the same. 19 When Terminal Managers, Dispatchers, the Head of Human Resources— 20 70. 21 essentially everyone at CRST with the responsibility and ability to stop sexual assault and 22 23 sexual harassment—have actual knowledge of the illegal conduct, because they are 24 present and able to hear the comments, which are openly made in common areas, or 25 because it is repeated, reliably reported, over a period of decades, it is a reasonable 26 27 28 inference that CRST intentionally chooses not to address the illegality, and therefore intentionally seeks the result of its indifference. 24 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 25 of 86 Page ID #:25 1 2 3 71. While on the road, class members have to fend off or worry about rape by their trainer, while enduring express threats of being failed, while being objectified and told to perform sex acts. 4 Male CRST drivers and trainers regularly physically touch class members on 5 72. 6 intimate body parts, intentionally expose themselves, repeatedly attempt to get into their 7 8 9 10 sleeping bunk with them, masturbate in front of them or in the same cab, show them pornography, engage in other sexually offensive conduct, including making other sexually offensive statements. 11 12 73. When female drivers refuse to have sex with them, male drivers retaliate, including 13 but not limited to by kidnapping them, kicking them off shared trucks, making false 14 reports of misconduct, threatening them with weapons, beating them or threatening 15 16 beatings, spreading rumors they are prostitutes, preventing them from contacting CRST 17 for assistance, and refusing to assist them with work-related tasks. 18 74. Plaintiffs and other class members have frequently complained to their fleet 19 20 managers, Human Resources, Safety, and upper management about this sexually 21 offensive conduct and speech, both verbally and in writing. 22 23 75. Plaintiffs and other class members have been forced to carry, sleep with and use 24 weapons such as tasers, knives, and screwdrivers for personal protection from their male 25 co-drivers, due to CRST's intentional failure to protect them from sexual assault. 26 27 D. CRST's “No Females” Policy and Ineffective Anti-Discrimination Efforts 28 76. CRST has a pattern or practice of ignoring and/or failing to act promptly to 25 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 26 of 86 Page ID #:26 1 investigate harassment complaints, conducting inadequate investigations, which are 2 biased against finding any violation, failing to make any finding as to whether harassment 3 has occurred and removing complaining female drivers or trainees from its trucks, but 4 5 allowing male drivers against whom harassment complaints have been made to continue 6 driving, earning money, and working with additional co-drivers, unaffected by the 7 8 9 10 complaint, while any alleged investigation takes place 77. CRST has a pattern or practice of returning men who have engaged in harassment to the trucks, with the foreseeable consequence that they sexually assault and/or harass 11 12 additional women. When there is a finding of discrimination following a harassment complaint, CRST 13 78. 14 fails to implement any effective disciplinary or other deterrent or corrective measures. 15 When there is a finding of discrimination following a harassment complaint, CRST 16 79. 17 has a policy of designating a male driver as “no females” for a period of six months. This 18 means the driver cannot drive with female co-drivers for six months, after which he can 19 20 again work with any co-driver in the pool. The “no females” designation can be 21 appealed. Female drivers are not told which male co-drivers have been designated “no 22 23 females.” CRST's “no females” policy is not disciplinary. It does not affect male drivers' pay, 24 80. 25 their prospects for promotion, or continued employment. 26 27 28 81. It is common knowledge among CRST trainers, drivers, and the trucking industry, that CRST is often said to stand for “Constantly Raping Student Truckers.” 26 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 27 of 86 Page ID #:27 1 82. CRST's “no females” policy encourages male drivers' widely held belief that 2 having a female co-driver or trainee entitles them to ask for sexual favors from her, 3 because there are no disciplinary consequences for sexual assault or harassment. It effect, 4 5 all CRST does is take away the perk, when a trainer is reported, and then only 6 temporarily. That decision can be immediately appealed, and is itself sometimes not 7 8 9 10 enforced. Six months of “no females” is considered a modest price to pay by male trainers, for an opportunity to coerce sex on the job. 83. CRST has a policy of allowing trainers' recommendations to determine whether 11 12 trainees pass their training, resulting in trainers demanding sexual favors as a condition of 13 passing the training. CRST management is aware, and in fact it is common knowledge, 14 that male trainers frequently demand and receive sexual favors in return for passing 15 16 trainees, and that male trainers sexually assault and sexually harass female trainees. 17 84. 18 CRST has a pattern or practice of requiring female trainees to train over-the-road for more than 28 days because of interruptions to their training from harassment, which 19 20 results in lower pay than they would have received had they been able to timely complete 21 their training. 22 E. Retaliation Against Female Drivers on the Basis of their Complaints 24 85. CRST maintains a pattern or practice of retaliating against the Named Plaintiffs 25 and members of the proposed class for opposing sexual harassment by taking action 23 26 27 28 against workers who complain about sex discrimination, including but not limited to: requiring a female driver who has complained of harassment to leave the truck and 27 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 28 of 86 Page ID #:28 1 allowing her male co-driver to continue onward, even if the woman had been using the 2 truck first before the accused harasser joined her as co-driver; requiring women who have 3 been removed from trucks following a harassment complaint to pay out of pocket to 4 5 remain in a hotel, without advancing payment for the accommodations; requiring women 6 who have been removed from trucks following a harassment complaint to wait in place to 7 8 be picked up by a company truck, sometimes for as long as a week, during which time 9 they can earn nothing; failing to take any action to pair women removed from trucks 10 following harassment complaints with a new co-driver, forcing them to wait and earn 11 12 nothing while seeking a new co-driver; where a female trainee has complained of 13 harassment by her male trainer, prolonging her training beyond 28 days, resulting in 14 much less pay than she would have earned during that period had she completed her 15 16 training free from harassment; continuing to provide the names and contact information 17 of women who have made harassment complaints to the entire pool of potential co- 18 drivers, including men about whom they complained. 19 CRST has a pattern or practice of condoning known retaliatory actions taken 20 86. 21 against female drivers who complain about harassment, such as male employees 22 23 kidnapping them, physically assaulting them, brandishing weapons, threatening them 24 with physical harm, photographing and making video recordings of them, and/or 25 spreading rumors they are prostitutes. 26 27 28 87. CRST's retaliatory actions deterred members of the proposed class from complaining about sexual harassment. 28 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 29 of 86 Page ID #:29 VI. CLASS ACTION ALLEGATIONS 1 2 3 A. Class Definition 88. Plaintiffs bring this action pursuant to Rule 23 of the Federal Rules of Civil 4 5 Procedure on behalf of themselves and on behalf of a class of all women who are or were 6 employed as truck drivers at any time during the class period. Each of the Class 7 8 9 10 Representatives is a member of the class. 89. The class consists of all women who are, or have been, employed by CRST as truck drivers and have experienced gender discrimination at any time during the 11 12 13 14 applicable liability period. Upon information and belief, there are more than 100 members of the proposed class. 90. Plaintiffs additionally bring this action on behalf of themselves and a subclass of 15 16 all women who are or were employed as truck drivers and experienced gender 17 discrimination in California during the class period. Each of the Class Representatives is 18 a member of the California Subclass. 19 The California Subclass consists of all women who are, or have been, employed by 20 91. 21 CRST as truck drivers and have experienced gender discrimination in California at any 22 23 24 25 time during the applicable liability period. Upon information and belief, there are more than 100 members of the proposed subclass. B. Numerosity and Impracticability of Joinder 92. The members of the classes are sufficiently numerous that joinder of all members 26 27 28 is impracticable. Plaintiffs are informed and believe that the proposed classes consisted 29 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 30 of 86 Page ID #:30 1 2 3 of more than 100 women during the liability period. C. Common Questions of Law and Fact 93. The prosecution of the claims of the Class Representatives will require the 4 5 adjudication of numerous questions of law and fact common to both their individual 6 claims and those of the proposed classes they seek to represent. The overarching 7 8 9 10 common question for each class member is: why was I treated differently by CRST than male drivers. Plaintiffs expect that the evidence will demonstrate that the common answer in each case is: bias against women. 11 12 13 14 94. The common questions of law include, inter alia: (a) whether CRST has engaged in unlawful, systemic sexual harassment of its female drivers; (b) whether CRST has unlawfully retaliated against female employees for complaining about gender 15 16 discrimination; (c) whether CRST is liable for a continuing systemic violation of Title 17 VII; and (d) a determination of the proper standards for proving a pattern and/or practice 18 of discrimination by CRST against its female drivers. 19 20 95. The common questions of fact would include, inter alia: whether, through its 21 policies, practices and/or procedures: (a) CRST has maintained a hostile work 22 23 24 25 environment based on gender among its female drivers; (b) CRST has subjected female drivers to sexual harassment and/or a sexually hostile work environment; (c) CRST has a policy or practice of retaliating against women for complaining about the gender 26 27 28 discrimination described in (a) and (b) above; (d) senior CRST managers and Human Resources personnel were aware of the sexual harassment and gender discrimination; (e) 30 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 31 of 86 Page ID #:31 1 2 3 CRST has engaged in a pattern or practice of failing to take prompt and effective action to remedy the pervasive sexual harassment of female drivers; and (f) whether injunctive relief and punitive damages are warranted. 4 The employment policies, practices and/or procedures to which the Class 5 96. 6 Representatives and the class members are subject, are set or approved at CRST Expedited, 7 8 Inc. corporate level and apply universally to all class members. These employment 9 policies, practices and/or procedures are not unique or limited to particular CRST terminals 10 or specific fleet managers; rather, the policies and practices that give rise to and perpetuate 11 12 the hostile work environment based on sex apply to all female drivers and trainees. The 13 discriminatory policies, practices, and/or procedures therefore affect the Class 14 Representatives and proposed class members no matter which routes they drive. 15 Discrimination in the form of a hostile work environment occurs as a pattern or 16 97. 17 practice in all CRST Terminals and along all drivers' routes and affects the Class 18 Representatives and the members of the classes in the same way. Male drivers and trainers 19 20 engaged or engage in in various forms of the following conduct: propositioning class 21 members for sex, requesting sex as a condition of passing driver training, sexually 22 23 assaulting class members, threatening them with rape and/or assault, physically touching 24 them on intimate body parts, intentionally exposing themselves, repeatedly attempting to 25 get into bed with class members, commenting sexually on their bodies, masturbating in 26 27 28 front of them, showing them pornography, and making other sexually offensive statements; and have otherwise created a working environment hostile to female employees. 31 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 32 of 86 Page ID #:32 1 2 3 D. Typicality of Claims and Relief Sought 98. The claims of the Class Representatives are typical of the claims of the proposed classes. The Class Representatives assert claims in each of the categories of claims they 4 5 assert on behalf of the proposed classes. The relief sought by the Class Representatives 6 for gender discrimination complained of herein is also typical of the relief sought on 7 8 9 10 behalf of the proposed classes. 99. The Class Representatives are, like the members of the proposed classes, all female truck drivers who have worked for CRST during the liability period. 11 12 100. Several of the Class Representatives and members of the classes have complained 13 about sexual harassment, including by informal and formal complaints to supervisors and 14 managers up to and including Cameron Holzer, President of CRST, and to the current head 15 16 of Human Resources, Karen Carlson. CRST's investigations into these complaints have 17 been inadequate, and Class Representatives and class members have been affected in the 18 same ways by CRST’s failure to take adequate remedial measures to correct this pattern or 19 20 practice of gender discrimination. 21 101. CRST has failed to create adequate incentives for its managers to comply with equal 22 23 employment opportunity laws and has failed to adequately discipline its managers and 24 other employees when they violate the anti-discrimination laws, which has affected the 25 Class Representatives and the class members in similar ways. 26 27 28 102. Consequently, the claims alleged by the Class Representatives are typical of the claims of the classes. Each plaintiff has worked as a truck driver for CRST during the 32 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 33 of 86 Page ID #:33 1 class period and has been subjected to the discriminatory policies or practices alleged 2 herein. The relief sought by the Class Representatives for gender discrimination is also 3 typical of the relief which is sought on behalf of the proposed classes. 4 5 E. 6 103. The Class Representatives’ interests are co-extensive with those of the members of 7 8 9 10 Adequacy of Representation the proposed classes they seek to represent, and the Class Representatives will fairly and adequately represent and protect the interests of the classes. The Class Representatives seek to remedy CRST’s discriminatory employment policies, practices and/or procedures 11 12 so that women at CRST will not be subjected to a hostile environment, and will not be 13 retaliated against for complaining about discrimination. The Class Representatives are 14 willing and able to represent the proposed classes fairly and vigorously as they pursue 15 16 their individual claims. 17 F. 18 Efficiency of Class Prosecution of Common Claims 104. Certification of a class and subclass of female employees similarly situated to the 19 20 Class Representatives is the most efficient and economical means of resolving the 21 questions of law and fact which are common to the claims of the Class Representatives 22 23 and the proposed classes. The individual claims of the Class Representatives require 24 resolution of the common question of whether CRST has engaged in a systemic pattern 25 and/or practice of gender discrimination against female employees. The Class 26 27 28 Representatives seek remedies to eliminate the adverse effects of such discrimination in their own lives, careers and working conditions and in the lives, careers and working 33 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 34 of 86 Page ID #:34 1 conditions of the proposed class members, and to prevent continued gender 2 discrimination in the future. The Class Representatives have standing to seek such relief 3 because of the adverse effect that such discrimination has had on them individually and 4 5 on female employees of CRST generally. To gain such relief for themselves, as well as 6 for the proposed class members, the Class Representatives will first establish the 7 8 9 10 existence of systemic gender discrimination as the premise for the relief they seek. Without class certification, the same evidence and issues would be subject to re-litigation in a multitude of individual lawsuits with an attendant risk of inconsistent adjudications 11 12 and conflicting obligations. Certification of the proposed classes of females who have 13 been affected by these common questions of law and fact is the most efficient and 14 judicious means of presenting the evidence and arguments necessary to resolve such 15 16 questions for the Class Representatives, the proposed classes and CRST. 17 G. 18 Requirements of Rule 23(b)(2) 105. Claims for injunctive relief are properly maintainable under Federal Rule of Civil 19 20 Procedure Rule 23(b)(2) because defendant has acted on grounds generally applicable to 21 the Class Representatives and the proposed classes by adopting and following systemic 22 23 policies, practices and/or procedures, which are discriminatory on the basis of gender, 24 thereby making appropriate final injunctive relief or corresponding declarative relief with 25 respect to the classes as a whole. Gender discrimination is standard operating procedure 26 27 28 at CRST, rather than a sporadic occurrence. CRST has refused to act on grounds generally applicable to the classes by, inter alia: (a) refusing to provide a working 34 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 35 of 86 Page ID #:35 1 environment which is free of gender hostility and sexual harassment; and (b) refusing to 2 take effective measures to correct and remedy sexual harassment. CRST’s systemic 3 discrimination against female employees and its refusal to act on grounds that are not 4 5 discriminatory have made appropriate the requested final injunctive and declaratory relief 6 with respect to the classes as a whole. 7 8 9 10 106. Injunctive and declaratory relief are the predominant relief sought in this case because they are the culmination of the proof of CRST’s individual and class-wide liability at the end of Stage I of a bifurcated trial and the essential predicate for the Class 11 12 Representatives' and class members’ entitlement to monetary and non-monetary remedies 13 at Stage II of such trial. Declaratory and injunctive relief flow directly and automatically 14 from proof of the common questions of law and fact regarding the existence of systemic 15 16 gender discrimination against female CRST drivers. Declaratory and injunctive relief are 17 the factual and legal predicates for the Class Representatives’ and the class members’ 18 entitlement to monetary and non-monetary remedies for individual losses caused by, and 19 20 for exemplary purposes necessitated by, such systemic discrimination. 21 H. 22 23 Requirements of Rule 23(b)(3) and Rule 23(c)(4) 107. Claims for monetary relief are properly certified under Rule 23(b)(3) because 24 questions of law and fact common to the classes predominate over any questions 25 affecting only individual members, and a class action is superior to other available 26 27 28 methods for the fair and efficient adjudication of this case. 108. Additionally, the cost of proving CRST’s pattern or practice of discrimination 35 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 36 of 86 Page ID #:36 1 against female drivers makes it impracticable for the Class Representatives and members 2 of the proposed classes to pursue their claims individually. 3 109. Alternatively, class-wide liability on the Title VII claims and punitive damages 4 5 liability under the theories advanced in this action are properly certified under Rule 6 23(c)(4) because such claims present only common issues, the resolution of which would 7 8 9 10 advance the interests of the parties in an efficient manner. I. Nature of Notice to the Proposed Classes Required 110. In accordance with Fed.R.Civ.P. 23(b)(3), class and subclass members must be 11 12 furnished with the best notice practicable under the circumstances, including individual 13 notice to all members who can be identified through reasonable effort. Plaintiffs are 14 informed and believe that CRST computer records contain a last known address for class 15 16 and subclass members. Plaintiffs contemplate that individual notice be given to class 17 and subclass members at such last known address by first class mail, informing them of 18 the following: 19 20 A. The pendency of the class action, and the issues common to the class; 21 B. The nature of the action; 22 23 C. Their right to "opt out" of the action within a given time, in which event they 24 will not be bound by a decision rendered in the class action; 25 D. Their right, if they do not "opt out," to be represented by their own counsel and 26 27 28 enter an appearance in the case; otherwise, they will be represented by the named plaintiffs and their counsel; and 36 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 37 of 86 Page ID #:37 1 E. Their right, if they do not "opt out," to share in any recovery in favor of the 2 class, and conversely to be bound by any judgment on the common issues, adverse 3 to the class. 4 VII. ALLEGATIONS OF NAMED PLAINTIFFS 5 6 7 8 9 10 A. Cathy Sellars 111. Cathy Sellars was hired by CRST in or about November 2013 as a truck driver. 112. Ms. Sellars fulfilled her obligation to complete two weeks of training classes at the Riverside, California terminal in or about December 2013. 11 12 113. The vast majority of Ms. Sellars' trips over the course of her employment with 13 CRST started or terminated at Riverside. 14 114. When she was at the Riverside terminal, Ms. Sellars daily heard men make 15 16 offensive sexual remarks about women, including but not limited to comments about the 17 way women's bodies were built, how they were dressed, and the attractiveness of women 18 who were in the terminal. For example, men would tell Ms. Sellars “you have a nice ass, 19 20 lady” or “I'd like to tap that ass.” 21 115. Ms. Sellars observed Alvin Hoggard, Riverside Terminal Manager, walking around 22 23 the terminal and sitting in the cafeteria while such comments were openly being made at 24 such volume that he would have heard them. 25 116. On her first day at the terminal, while Ms. Sellars was sitting in the cafeteria, 26 27 28 Lydell Wilkerson approached her. Wilkerson, a trainer, was waiting at the terminal to be assigned a trainee. He could have been assigned to train Ms. Sellars. He began telling 37 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 38 of 86 Page ID #:38 1 Ms. Sellars what he wanted to do to her and with her sexually, including but not limited 2 to saying he wanted to “go down on her” and “eat her.” Ms. Sellars quickly left the 3 room. 4 5 117. The following day, Ms. Sellars returned from class and was talking with Jay, 6 another driver. Wilkerson stared at them as they spoke. Jay noticed Wilkerson staring. 7 8 9 10 She asked Wilkerson what he wanted, at which point he approached to stand behind Ms. Sellars, and then left, when she explained that she was showing Jay pictures of her family. 11 12 118. On or about December 3, 2013, around 8PM, Ms. Sellars walked out to the far 13 back lot of the Riverside Terminal, where she had arranged to meet Anthony, who was the 14 co-driver of Ms. Sellars's brother-in-law, Adolfo Armenta. While she was walking and 15 16 speaking to Armenta on the phone, Wilkerson suddenly grabbed Ms. Sellars's shoulder, 17 spun her around to face him, and made several requests to the effect of, “why didn't you 18 come lie down with me? Why didn't you come to my truck and have sex with me?” 19 20 Surprised and afraid, Ms. Sellars told Wilkerson he was “crazy” and to get away from 21 her. 22 23 119. At Armenta's request, Anthony walked Ms. Sellars back to the terminal after their 24 meeting, for her safety. When they reached the front doors, Wilkerson was inside, and he 25 stared intimidatingly at Ms. Sellars. 26 27 28 120. The following day, Ms. Sellars approached the front desk at the terminal. Coworkers Dawn Mann and Victor Thomas, two injured drivers, were working the front 38 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 39 of 86 Page ID #:39 1 2 3 desk. Ms. Sellars reported the sexual harassment to both of them. Dawn Mann has stated under oath: [C]o-worker Victor Thomas and I were working behind the front desk at the 4 5 terminal. Ms. Sellars approached very upset, to report a fellow driver who was 6 sexually harassing her, even when she asked him to stop. The next day the same 7 8 9 10 driver continued to follow Ms. Sellars, making her extremely uncomfortable. I saw co-worker Victor Thomas escort Ms. Sellars to the terminal manager, Alvin Hoggard, to report the incident. 11 12 13 14 See Declaration of Dawn Mann, dated June 6, 2014, ¶4, attached as Exhibit B. 121. Victor Thomas has stated under oath: I first met Cathy Sellars at CRST in December 2013. I met Ms. Sellars at the 15 16 CRST terminal in Riverside, CA during her first week on the job. . . . 17 Ms. Sellars first experienced sexual harassment at CRST her first week. She told 18 me that Lydell, one of the other driver's (sic), solicited her, telling her he wanted 19 20 her to come to his truck to have sex with him. She told him no. . . . 21 A day or two later, Lydell began following Ms. Sellars around outside. She told 22 23 me this combined with the comments about having sex in his truck made her very 24 uncomfortable. . . . 25 ….I went with Ms. Sellars to see Alvin [Hoggard], the terminal manager, so that 26 27 28 she could file a complaint about what had happened. I was there as Ms. Sellars told Alvin exactly what she had told me, as described above. 39 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 40 of 86 Page ID #:40 1 See Declaration of Victor Thomas, dated September 30, 2014, ¶2-5, attached as Exhibit 2 C. 3 122. Ms. Sellars complained to Terminal Manager Hoggard about Wilkerson's conduct. 4 5 Hoggard gave Ms. Sellars the phone number for Karen Carlson, CRST Human Resources 6 Manager, but did not offer to document the complaint, or otherwise insure that it was 7 8 9 10 properly reported. Ms. Sellars called Carlson that same day and complained about Wilkerson's sexually harassing statements and conduct. Carlson told Ms. Sellars she would investigate the situation and would report back to Ms. Sellars. 11 12 123. Carlson never called Ms. Sellars back. When Ms. Sellars contacted Carlson to ask 13 about the status of her complaint, Carlson told her not to worry about it and said it was 14 none of her business. 15 16 124. Ms. Sellars subsequently learned that Wilkerson was still employed at CRST and 17 had gone to another state to pick up another female trainee. CRST's lack of response 18 made it clear to Ms. Sellars and others, that complaining about harassment was 19 20 ineffective. 21 125. In or about January 2014, Ms. Sellars was assigned to be trained by Jesse Radford. 22 23 In their first conversation, Radford made offensive sexual remarks to Ms. Sellars, 24 including but not limited to telling her she had a “nice ass” and that he could “see where 25 Lydell was coming from.” Ms. Sellars warned Radford that she would not get on his 26 27 28 truck if he believed anything sexual would happen between them. Radford agreed he would stop making sexual comments. 40 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 41 of 86 Page ID #:41 1 126. On her first night on Radford's truck, after they had shut down for the evening, Ms. 2 Sellars and Radford watched a movie. During the movie, Radford reached under his 3 covers and began masturbating. He quickly asked Ms. Sellars if she “wanted to join 4 5 him.” She told him no. He then said, “are you sure?” Ms. Sellars replied “yes, I'm sure.” 6 Radford then reached toward Ms. Sellars and tried to touch her back. She quickly moved 7 8 away and went up to the top bunk. 9 127. The following day, Radford was visibly angry with Ms. Sellars. After she was 10 finished driving for the day, Ms. Sellars retired to the sleeper berth. Radford finished 11 12 driving and shut down at about 9:30PM. He then came into the sleeper berth and 13 approached Ms. Sellars. 14 128. Rudford began to pull Ms. Sellars's shirt off. She immediately began struggling, 15 16 telling him to stop, but he was able to remove her shirt to the point where it was up to her 17 head before she was able to pull her shirt back on and push him away. Ms. Sellars then 18 fled again to the top bunk. 19 20 129. The following day, Ms. Sellars called dispatch and was connected with Alex 21 Hinnenan, Radford's Fleet Manager. She complained to Hinnenan about Radford's 22 23 assault and sexual harassment. Radford told Ms. Sellars that he had “known Jesse a 24 while, and didn't think Jesse would do anything like that, but he'd take her off the truck 25 anyway.” 26 27 28 130. When she hung up with Hinnenan, Ms. Sellars called Carlson, Human Resources head. Carlson said she would “look into it,” and that it was “her word against his,” (even 41 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 42 of 86 Page ID #:42 1 though Carlson had not yet spoken with Radford), and “they'd have to go from there.” 2 131. Hinnenan arranged for Armenta to pick Ms. Sellars up in Elizabethtown, Kentucky, 3 to transport her to the terminal in Oklahoma City. Ms. Sellars's training was interrupted, 4 5 and she earned no pay during this time since she was not driving. Radford remained on 6 the truck and continued on his route, making money. 7 8 132. On or about February 10, 2014, Ms. Sellars met Dwain Monroe, who had been 9 assigned as her trainer. While at Riverside Terminal Ms. Sellars, Monroe and Mann 10 talked about their children and families. Ms. Sellars showed Monroe a picture of her 11 12 daughter. Monroe then showed Ms. Sellars pictures on his cell phone, but after 13 displaying a picture of his own daughter, he displayed pornographic photos of a couple. 14 Ms. Sellars told him she “did not want to see that stuff,” and Monroe told her it had been 15 16 an accident. 17 133. Monroe then showed Ms. Sellars and Mann a video on his cell phone that he said 18 he had made. In the video, Monroe was being tied up and held for ransom with a knife 19 20 by a stuffed reindeer and bear. Monroe then told Ms. Sellars he was “going to do that to 21 her.” He laughed and acted like he was kidding, so Ms. Sellars tried to brush it off as a 22 23 joke. 24 134. Ms. Sellars began her training on Monroe's truck. On her second day of training, 25 on the route between Hesperia and Barstow, CA, Monroe again told Ms. Sellars that he 26 27 28 and his “friends” wanted to tie her up and “do things to her.” She refused and told Monroe it was not going to happen. 42 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 43 of 86 Page ID #:43 1 135. Monroe became angry at Ms. Sellars. He told her she was annoying him and that 2 she had better stop it, because she was “grinding his gears” and making him mad. He 3 began taking photos and video of her while she was driving, making her extremely 4 5 nervous. 6 136. On a subsequent route heading east out of California, Ms. Sellars and Monroe 7 8 9 10 stopped at highway exit 185 on Interstate 40 in Arizona. There Ms. Sellars texted Thomas and Mann, and called her daughter, to tell them what Monroe had said, because she was concerned for her safety. 11 12 137. Ms. Sellars returned to the truck and requested that Monroe drive for the final 13 couple of hours, because she was fatigued and was afraid her driving would be impaired. 14 Monroe refused to drive. He climbed out of the truck and began speaking to someone on 15 16 the phone. 17 138. Ms. Sellars used the Qualcomm system to send a message to dispatch, advising 18 them that she was too fatigued to drive safely. Rick [last name unknown], the third shift 19 20 dispatcher, told her to talk to Monroe and find out what was going on. Monroe was 21 talking to Rick simultaneously, and Rick had told him what Ms. Sellars was saying. 22 23 139. Ms. Sellars was standing between the two front seats inside the truck cab, by the 24 shift, when Monroe reentered the truck. Enraged and yelling at Ms. Sellars that she was 25 “going to regret telling on him,” he shoved her into the passenger seat, smashing her left 26 27 28 shoulder and head into the passenger side door and window. 140. Ms. Sellars grabbed her purse and told Monroe she was getting off the truck. He 43 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 44 of 86 Page ID #:44 1 replied “not until I tell you you're getting off,” and began driving. She repeatedly asked 2 to be let off the truck, and asked where she was going, which he refused to answer. 3 141. When Monroe began driving he pulled a knife out of his pocket and rested it on his 4 5 right leg. He told Ms. Sellars to “shut up and sit down.” As he drove, he alternately set 6 the knife on the dash within reach, or held it and toyed with it in his lap. 7 8 9 10 142. Ms. Sellars sent multiple Qualcomm messages to dispatch to report the emergency. 143. Ms. Sellars frantically texted her daughter, Thomas, and Mann to tell them what was happening. Mann stated under oath: 11 12 In February, 2014, Ms. Sellars texted me repeatedly she was being held at knife 13 point by a trainer/driver who, more than once, pressured Ms. Sellars to have sex 14 with him while on the road. When she refused he became angry, continuing to 15 16 physically and verbally threaten her. Ms. Sellars texted me she tried unsuccessfully 17 to inform dispatch, their computer system was down every night between 9-11PM. 18 Earlier that day, I had eaten dinner with Ms. Sellars and the trainer, we used his 19 20 21 22 23 fold-up knife to cut our meat. See Ex. B ¶6-7. 144. Thomas stated under oath: “The worst incident was in February 2014 when Ms. 24 Sellars was texting me from the truck because the driver had a knife in his lap and he was 25 not going to let her go. I told her to call the police and get off that truck.” See Ex. C ¶7. 26 27 28 145. Monroe finally pulled into a truck stop in or near Gallup, New Mexico. As the truck slowed to a stop Ms. Sellars grabbed her purse, opened the passenger door and 44 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 45 of 86 Page ID #:45 1 stepped out onto the step. Just as she did so Rick, a dispatcher, called her cell phone, 2 saying he had received her Qualcomm messages, and asking “what's with the knife?” 3 Ms. Sellars said that she could not answer. Rick then asked if she had been held against 4 5 her will, and she said yes. He told her to get her valuables and get off the truck. Ms. 6 Sellars jumped down from the step. She ran inside and called the police. Monroe drove 7 8 9 10 away. 146. Officers responded to the scene and took Ms. Sellars's statement. CRST required her to stay in a hotel room at the gas station overnight. 11 12 147. The next morning Ms. Sellars called Carlson and told her of the kidnapping, and 13 her report to the police. Carlson said she would look into it. 14 148. Ms. Sellars was transported to Riverside Terminal. There she sought medical 15 16 attention for neck and back injuries from Monroe's assault, and reported the injury to 17 CRST. 18 149. CRST required Ms. Sellars to go to Oklahoma City to retrieve her belongings, 19 20 because that was where Monroe had unloaded them. 21 150. Within several days Ms. Sellars learned that Monroe was still on the road driving 22 23 for CRST. She called Carlson and told her Monroe was still driving. Carlson replied, 24 “yeah?” Ms. Sellars asked whether Monroe was being disciplined for the sexual assault 25 and kidnapping. Carlson replied it was “none of her business.” 26 27 28 151. On or about March 10, 2014, Ms. Sellars called and complained to Mike Gannon, Group President for Strategic Growth for CRST International, and Jenny Bower, who 45 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 46 of 86 Page ID #:46 1 reports to Gannon, about the sexual assaults and harassment committed by her trainers. 2 Gannon stated he would need to speak with Carlson and find out what was going on. Ms. 3 Sellars told Gannon she would need to talk with an attorney if nothing was done about 4 5 the harassment. 6 152. Ms. Sellars asked Gannon, “what are you going to do when they [harassing male 7 8 9 10 drivers] kill one of these women?” Gannon replied, “well we'll deal with that when it happens.” 153. Shortly thereafter, CRST Expedited President Holzer ordered Ms. Sellars' current 11 12 trainer to bring her directly to Iowa. There she met with Holzer and Carlson. Holzer 13 attempted to pressure Ms. Sellars not to speak with an attorney about the harassment. 14 They did not tell Ms. Sellars the outcome of their investigation of her complaints. 15 16 154. CRST put Ms. Sellars on worker's compensation due to the spinal injuries resulting 17 from Monroe's assault. Holzer directed that Ms. Sellars be confined to a hotel in Iowa 18 with no contact with any other CRST employee for the duration of her physical therapy. 19 20 She was not permitted to ride the company shuttle, speak to any company employees at 21 her physical therapy sessions, or have any guests in her room. After two weeks in 22 23 isolation, Ms. Sellars convinced her worker's compensation representative to allow her to 24 return home to complete her physical therapy. 25 155. On or about January 1, 2015 Ms. Sellars's new worker's compensation 26 27 28 representative informed her that CRST was stopping her worker's compensation payments on the pretext that she had failed to provide certain medical forms which, in 46 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 47 of 86 Page ID #:47 1 reality, should have been provided directly to CRST by physicians. Ms. Sellars was left 2 without any wages or any worker's compensation payments from CRST. 3 156. Despite Ms. Sellars's complaints, all of the drivers who harassed her continued to 4 5 6 7 8 9 10 be employed by CRST. Mann has stated under oath: I continue to see all of the drivers/trainers Ms. Sellars complained about at the terminal, still employed and driving. I do not know the total number of driver/trainers who harassed her, there were four about whom she reported ongoing harassment and/or assaults. 11 12 13 14 See Ex. B ¶5. 157. Thomas has stated under oath: [] Ms. Sellars told me about four different drivers who harassed her at CRST 15 16 between December 2013 and February 2014. When she called me after an incident 17 of harassment, she would tell me that she had complained yet again to management 18 and/or Human Resources about what had happened. 19 20 [] As far as I know, CRST has not done anything about the sexual harassment. I 21 still see the drivers Ms. Sellars complained about coming into the terminal. 22 23 [] I hear about incidents of both male and female CRST employees being sexually 24 harassed, three to five times a week. It is part of the culture. 25 [] From August 2013 to March 2014, I worked at the front desk at the Riverside 26 27 28 Terminal. Sometimes I was the only person available at the Terminal to answer the phone. I received calls from female trainees on the road who were being sexually 47 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 48 of 86 Page ID #:48 harassed. I would inform the terminal manager about the call and tell the woman 1 2 who was being harassed to tell the dispatcher and call Corporate about what had 3 occurred. 4 5 [] One woman driver told me that the driver who had been assigned to train her 6 told her she had to sleep with him if she wanted to pass the training. She filed a 7 detailed report, but he is still a trainer. 8 [] CRST says they have a zero tolerance policy for harassment, but it is someone 9 10 else's definition of zero. Harassment is swept under the rug. 11 12 See Ex. C ¶¶8-13. 13 158. Ms. Sellars spent time at Riverside Terminal at the start and/or end of the majority 14 of her runs for CRST. 15 16 159. Ms. Sellars would have continued to work in California but for the harassment and 17 retaliation she experienced. 18 160. As a result of CRST's conduct, Ms. Sellars experienced severe emotional distress 19 20 and lost wages. 21 161. Ms. Sellars's injuries were proximately caused by CRST. 22 23 B. Claudia Lopez 24 162. Claudia Lopez is a woman and a resident of Passaic, New Jersey. She was hired by 25 CRST in May 2014 as a truck driver. 26 27 28 163. Ms. Lopez completed her training classes at Hawkeye Community College in Waterloo, Iowa. For the duration of the classes CRST trainees were housed at an area 48 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 49 of 86 Page ID #:49 1 Red Roof Inn. 2 164. On the first day of Ms. Lopez's training, at the Red Roof Inn, she was sitting at a 3 computer with Gloria [last name unknown], her roommate and a fellow trainee. They 4 5 were approached by Junior [last name unknown], another trainee. Junior began asking 6 them personal questions, including whether they were each married. Ms. Lopez replied 7 8 that she was. Junior stated that she was a “liar” because she didn't have a ring. 9 165. Junior told Ms. Lopez and Gloria that he wanted to give them some paperwork that 10 would help them in their training classes, and requested that they meet him late that night. 11 12 Ms. Lopez and Gloria, concerned by his actions, decided to return to their room. As they 13 walked to the elevator, Junior told Gloria her “shirt was too long,” indicating his desire to 14 look at her rear end. The women did not come back down that night. 15 16 166. The following day, Junior approached Ms. Lopez while she was working on a 17 general knowledge practice test on the computer. He offered to help, and she told him no, 18 because she needed to learn the information herself. He then sat down in a chair close to 19 20 Ms. Lopez. 21 167. Ms. Lopez received a call from her mother. When she sat up to answer the call, 22 23 Junior reached over and began scratching her back. Ms. Lopez pushed his hand away, 24 telling him “don't you dare touch me.” He began laughing. As Ms. Lopez spoke on the 25 phone, he started to scratch her back again. Ms. Lopez told him, “you better stop,” and 26 27 28 quickly left. 168. The following day, Cynthia Russo and Nancy [last name unknown], two trainees, 49 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 50 of 86 Page ID #:50 1 noticed that Ms. Lopez appeared nervous when Junior was nearby. Lopez told them what 2 Junior had done. Nancy told Junior to “bug off.” Junior responded by asking Ms. Lopez, 3 “has your mom called you again?” She replied “no, and please leave me alone.” Junior 4 5 again just laughed. 6 169. Several days into her training, Ms. Lopez was in the CRST employee shuttle which 7 8 ran between the hotel and the training classes. Junior approached and told her she was 9 “very pretty.” Ms. Lopez was fearful and started shaking. Junior asked what was wrong, 10 and she told him “I don't like you, you're a bad person that doesn't understand when I say 11 12 'stop,' and that's not nice.” 13 170. At the training center, Junior sat down next to Ms. Lopez. Russo and Nancy were 14 present. In Ms. Lopez's presence, Junior told Russo he was leaving for his 28 day road 15 16 training, and that he was “coming back for Claudia to rape her and marry her and take her 17 with me.” Ms. Lopez felt panicked. 18 171. A few hours later, when Junior was about to leave, he approached Ms. Lopez and 19 20 tried to force her to hug him. She pushed him away, telling him to stop. 21 172. Fearing for Ms. Lopez's safety, Russo and Nancy reported Junior's conduct to Bob 22 23 [last name unknown], a CRST manager. They subsequently accompanied Ms. Lopez to 24 speak with Bob. She complained to him about Junior's conduct. Bob told Ms. Lopez he 25 would relay her complaint to HR, and that she did the right thing. 26 27 28 173. Approximately a week later, Carlson from Human Resources contacted Ms. Lopez. Ms. Lopez again complained about Junior's harassment. Carlson told Ms. Lopez to send 50 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 51 of 86 Page ID #:51 1 her a written account of what Junior had done via email. 2 174. Ms. Lopez sent Carlson the requested email. Carlson never followed up to get 3 additional details, or test contradictions between her version and her harasser's (if in fact 4 5 Carlson spoke to her harasser, or any witness). 6 175. Ms. Lopez passed her training and became a driver for CRST. 7 8 9 10 176. When she spent time at Riverside Terminal and Cedar Rapids Terminal, male drivers frequently came on to her sexually, making comments to the effect of “is it true what they say about Puerto Rican women, that they're hot?” 11 12 177. On or about July 3, 2014, Ms. Lopez met Charles Smith, a potential co-driver, at 13 Riverside Terminal. Smith was the only available co-driver at the time. 14 178. Ms. Lopez told Smith she wanted his respect, and that she was married. Smith told 15 16 her he was married too and everything would be fine. She agreed to drive with him. 17 179. When they started driving together, departing from Riverside Terminal, Smith 18 began buying things for Ms. Lopez during stops. Ms. Lopez told him to stop doing so. 19 20 180. Smith made offensive sexual remarks to Ms. Lopez, including but not limited to 21 telling her that he “liked big women.” 22 23 181. Smith pulled into a filling station on an occasion when it was Ms. Lopez's turn to 24 drive. He went into the berth where she was sleeping, and began touching her hair. She 25 woke up and immediately told him to stop. Smith said, “it's hard to wake you up.” Ms. 26 27 28 Lopez told him not to touch her. 182. On another day late in the week, Ms. Lopez was asleep in the sleeper berth when 51 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 52 of 86 Page ID #:52 1 she began to wake up, feeling that there was someone near her. It was Smith. He asked 2 her if he could stay there with her, and she told him no. He began to touch her hair and 3 hold her hand, and lay down next to her. Frightened and angry, Ms. Lopez pushed him 4 5 away and told him to stop. Smith told her “that's the way he likes women to be, angry, 6 because he'll put them straight.” Ms. Lopez insisted, “I told you to respect me.” 7 8 9 10 183. Because of Smith's prior behavior, Ms. Lopez had already arranged to drive with a new partner beginning on the following Monday. She informed Smith that she would be taking him back to the terminal on Monday because she could not work with him 11 12 anymore. 13 184. On the weekend they stopped at a Pilot Truck Stop in Florida to shower. A cashier 14 escorted Ms. Lopez and Smith to the showers. As they walked, Smith suggested to Lopez 15 16 that she should join the shower with him. The cashier, unaware of Smith's harassment, 17 asked Ms. Lopez “do you want to join your husband in the shower?” Humiliated, Ms. 18 Lopez said that he was not her husband, he was her co-driver, and she did not. 19 20 185. On or about July 7, 2014, Ms. Lopez and Smith were nearing their delivery 21 location in or near Miami, Florida. Ms. Lopez was driving, but could not find the 22 23 building. She stopped the truck in a safe location and disembarked to ask for directions. 24 186. While she was seeking assistance, Smith started driving the truck, called Austin 25 [last name unknown], Fleet Manager, and told him that Ms. Lopez had abandoned the 26 27 28 truck. 187. Dispatcher Matt Pachota called Ms. Lopez on her cell phone, with Austin also on 52 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 53 of 86 Page ID #:53 1 the line, and asked if she had abandoned the truck. She told him she was only 100 feet 2 away from the truck and that she was seeking directions. She then complained to Pachota 3 and Austin about Smith's harassment. 4 5 188. Ms. Lopez returned to the truck, put her cell phone onto speakerphone mode, and 6 forced Smith to admit that he had touched her and sexually harassed her. Pachota and 7 8 9 10 Austin instructed Ms. Lopez to get off the truck, and she removed her belongings and did so. 189. She then called Pachota back and begged him to remove Smith from the truck and 11 12 allow her to go onward instead, because it had been her truck before he joined her. Both 13 Smith and Ms. Lopez were company drivers. Pachota told Ms. Lopez to remain where 14 she was and get a hotel room. Even though Smith had no more entitlement to remain on 15 16 the truck than Ms. Lopez did, they told her he could not be removed. 17 190. Ms. Lopez had to remain in Miami for several days, with no ability to drive and 18 earn pay, until she was permitted to go to Virginia to join another truck. 19 20 191. Several days after she had been removed from the truck, Human Resources 21 manager Carlson called Ms. Lopez. Ms. Lopez complained about all of Smith's 22 23 harassment. As was the case with her complaint about Junior, Carlson's conduct had 24 none of the hallmarks of a bona fide investigation. She did not request additional details, 25 she did not ask Ms. Lopez to rebut Smith's claims and she did not ask Ms. Lopez whom 26 27 28 she could interview to corroborate any of the details of her ordeal, such as the cashier at the Pilot Truck Stop. After her single contact with Carlson there was literally no further 53 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 54 of 86 Page ID #:54 1 contact about Smith. 2 192. Later in 2014, Ms. Lopez met potential co-driver Craig Jones in Iowa. 3 193. Venell Brown, who had been Ms. Lopez's trainer, was present. He had suggested 4 5 that he present himself to Jones as Ms. Lopez's husband to deter him from later coming 6 on to her sexually. Brown introduced himself as Ms. Lopez's husband, and Ms. Lopez 7 8 9 10 told Jones he had to respect her. They agreed to drive together. 194. After beginning to drive with Jones, Ms. Lopez parked the truck when it was time for a shift change and entered the back to tell Jones it was his turn to drive. Although 11 12 company policy requires that employees always remain fully clothed while on the truck, 13 she encountered Jones only in his underwear. She hurriedly told Jones it was his turn to 14 drive and ran out. 15 16 195. Afterward, she told Jones she did not like seeing him unclothed. 17 196. On the way to California, Jones later stopped the truck near West Memphis, 18 Arkansas. Ms. Lopez was asleep in the sleeper berth. She began to awaken and felt 19 20 someone massaging and touching her. She was lying on her stomach and felt something 21 hard on her rear end. She sat up and turned around to find Jones naked and on top of her, 22 23 with his penis erect. His clothes were on the floor. Ms. Lopez grabbed the screwdriver 24 she kept under her pillow, and left the truck. 25 197. Ms. Lopez called Al [last name unknown], a CRST shuttle driver, and asked 26 27 28 whether she was currently closer to the terminal in Oklahoma City or in Iowa. She cried and told him what Jones had done. Al told Ms. Lopez she should report Jones to CRST, 54 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 55 of 86 Page ID #:55 1 but she said she feared doing so because she knew they would again remove her from the 2 truck and leave her alone in a totally unknown part of Arkansas. 3 198. Al notified Dan [last name unknown], a management-level CRST employee, who 4 5 then called Ms. Lopez. She requested that he tell her where to drop off the load, and then 6 get her to a safe location, and then she would talk about what had happened. Dan told 7 8 9 10 Ms. Lopez to drop the load about 45 minutes away in West Memphis. She drove the remainder of the way there displaying the screwdriver, for her own protection. 199. During this drive, Ms. Lopez recorded Jones admitting he had touched her: 11 12 Lopez: I'm scared of you. 13 Jones: Scared of me? 14 Lopez: Yeah. 15 16 Jones: Why? 17 Lopez: Because. I never know you was going to touch me [inaudible]. 18 Jones: Oh my god. 19 20 Lopez: I want you to be honest. Why did you touch me? Or made me touch 21 [inaudible]. Do what you did? 22 23 ...I want to know. What happened? 24 Jones: I don't know, I guess playing around too much. 25 Lopez: Huh? 26 27 28 Jones: Playing around too much. Lopez: I don't play around like that. I can't work with you like that [inaudible]. 55 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 56 of 86 Page ID #:56 1 200. After she dropped off the trailer CRST directed Ms. Lopez to remove her 2 belongings from the truck, and sent her to a hotel. She had to advance her own funds for 3 the hotel and seek reimbursement later, and earned nothing while she waited. Jones 4 5 continued onward in the truck, driving and earning pay. 6 201. Ms. Lopez complained to Fleet Manager Theresa Strong about Jones's conduct. 7 8 202. Ms. Lopez was required to rent a car to drive from West Memphis to the terminal 9 in Oklahoma, during which time she earned nothing. Carlson called her while she was in 10 route. Ms. Lopez complained about everything Jones had done. Carlson said she would 11 12 investigate. Ms. Lopez later followed up by sending Carlson the recording she had made 13 of Jones admitting he touched her. Carlson never responded to this complaint, or the 14 evidence Ms. Lopez had provided. 15 16 203. In Oklahoma Ms. Lopez had to wait a week to pick up with another truck, during 17 which time she had no opportunity to earn anything. 18 204. In or about November, Ms. Lopez began to drive in the Refrigeration unit. When 19 20 CRST sent her the list of available co-drivers, she saw Craig Jones on the list. 21 205. Ms. Lopez approached the Safety representative at Riverside Terminal, and said 22 23 she was afraid that Jones would find her. He directed her to speak with a driver 24 coordinator at the terminal. When she told the driver coordinator her concerns, the 25 coordinator told Ms. Lopez it was a “big world” and she wouldn't see Jones. Ms. Lopez 26 27 28 protested that there were only a few CRST terminals and she could easily see him at any of them, and that it was even more likely since they were both driving in the 56 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 57 of 86 Page ID #:57 1 Refrigeration unit, and those trips were between a more limited set of locations. 2 206. In or about December 2014, Ms. Lopez began driving with Mark [last name 3 unknown]. 4 5 207. Mark told Ms. Lopez he was becoming irritated with her. Ms. Lopez saw text 6 messages he was exchanging about her with Butch [last name unknown]: 7 Butch: Lol...slap her with da dick 9 Mark: LMAO! [Laughing My Ass Off] 10 Butch: 8 Tell her to shower first...lol 11 12 See Text Message Exchange with Butch, attached as Exhibit D. 13 208. Ms. Lopez asked Mark why he kept saying she was “grinding his gears.” Mark 14 replied, “you know, one of these days I could come kill you and leave you in the 15 16 mountains, and just bury you, and nobody's gonna find you.” He then laughed. Ms. 17 Lopez was terrified and said she wanted to get off the truck, but Mark refused, saying he 18 was just kidding. 19 20 209. Ms. Lopez was too afraid to continue driving due to the threats, assaults and sexual 21 harassment she continued to experience, with no consequences for the harassers despite 22 23 her repeated complaints. She was constructively discharged on or about January 10, 2015. 24 210. Over the course of her work at CRST Ms. Lopez spent time at Riverside Terminal 25 on more than ten occasions, spending on average several days at the terminal each time. 26 27 28 211. Ms. Lopez would have continued working in California but for the harassment and discrimination she experienced. 57 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 58 of 86 Page ID #:58 1 212. As a result of CRST's conduct, Ms. Lopez experienced severe emotional distress 2 and lost wages. 3 213. Ms. Lopez's injuries were proximately caused by CRST. 4 5 C. 6 214. Leslie Fortune is a woman and a resident of St. Louis, Missouri. She was hired by 7 8 9 10 Leslie Fortune CRST in October 2013 as a truck driver. 215. Ms. Fortune completed her training classes at the CRST Terminal in Cedar Rapids, Iowa. 11 12 216. During her training at the Cedar Rapids Terminal, Ms. Fortune heard daily 13 offensive sexual remarks from male trainers and co-drivers, including but not limited to 14 men coming onto Ms. Fortune or propositioning her for sex (including while she was in 15 16 the middle of studying), men making comments about women's bodies such as “man 17 she's got ass on her” or “I'll hit that,” and men talking about which women they had slept 18 with. 19 20 217. In or about early November 2013, Ms. Fortune was paired with trainer Stephen 21 Woods to do her over-the-road time. 22 23 218. Woods was in the process of becoming an owner-operator, so Ms. Fortune was 24 required to drive with him in a rental car from Cedar Rapids to Riverside, CA to pick up 25 the truck he would be using. 26 27 28 219. On their first day on the road, Woods asked Ms. Fortune what she liked sexually, and commented that she was pretty. He then said he had “never been with a colored 58 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 59 of 86 Page ID #:59 1 woman before.” She rejected his advances. 2 220. When they arrived at their first hotel, Woods told Ms. Fortune to stay in the car 3 while he went in. When he reemerged he claimed the motel only had one room left, with 4 5 one bed. He said, “that's ok, we can share.” Ms. Fortune refused. 6 221. Ms. Fortune and Woods went to the room. It contained two beds. Woods told Ms. 7 8 9 10 Fortune they should share only one of the beds. She again told him no. He asked Ms. Fortune if he could take his clothes off, and told her to “dress down.” She continued to reject his advances. 11 12 222. Ms. Fortune left to do laundry. When she returned, he was in only his boxer shorts. 13 223. Woods told Ms. Fortune, “I haven't had pussy in six months, if you want to pass 14 you might want to take that into consideration.” She told him no. 15 16 224. She locked herself into the bathroom to shower, emerged fully dressed, and got 17 into her own bed to sleep in her clothes. Woods told her his shoulders hurt and asked for 18 a massage. Ms. Fortune refused. He then suggested that he give her a massage. He 19 20 again told him no, and went to sleep. 21 225. The following morning, Woods told Ms. Fortune she was a “hard sleeper.” He said 22 23 he had tried to wake her up, and that “you sleep so hard, anything can happen to you 24 while you're asleep.” 25 226. Woods stayed close to Ms. Fortune, listening to any calls she made on her phone, 26 27 28 and standing right by the bathroom door while she was inside to see if she was calling anyone. She had no phone numbers to contact anyone at CRST. Woods, her trainer, had 59 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 60 of 86 Page ID #:60 1 the numbers but would not give them to her. 2 227. Woods called their fleet manager, told him that Ms. Fortune was fine, and would 3 not allow her to speak to him. 4 5 228. When she arrived at Riverside Terminal, Ms. Fortune complained about Woods to 6 the Safety representative. He directed her to write a report about Woods's conduct, which 7 8 9 10 she did. 229. Ms. Fortune completed her training with a different trainer. The trainer suggested that she work with James Parker as her first co-driver, and she agreed. 11 12 230. In or about December 2013, Ms. Fortune departed Riverside Terminal with Parker. 13 He propositioned Ms. Fortune for sex, and she refused. 14 231. Parker told Ms. Fortune he had been in jail immediately before he began driving at 15 16 CRST. He drank alcohol and smoked marijuana while on the job. 17 232. Parker asked Ms. Fortune to sleep with him a second time while they were stopped 18 at a weigh station waiting for two other CRST drivers, one of whom was Kairee [last 19 20 name unknown], to come assist them in resolving a problem with the truck's weight. He 21 then began acting angry at her, which the other two drivers observed. 22 23 233. En route to Salt Lake City after their stop, Parker became angry with Ms. Fortune 24 because she would not sleep with him, and kicked her off the truck. She called her fleet 25 manager Ben, who laughed and told her to get back on the truck, even after she told him 26 27 28 Parker had been drinking, smoking marijuana, and propositioning her for sex. He said “you guys can work this out.” 60 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 61 of 86 Page ID #:61 1 234. Ms. Fortune refused to get back on the truck, and had to be picked up by the two 2 other CRST drivers, who returned her to Riverside Terminal. 3 235. Once Parker returned to the terminal, he spread rumors that Ms. Fortune was a “lot 4 5 lizard,” trucker slang for a prostitute, and had been doing “extra jobs,” i.e. sleeping with 6 male truckers for pay. 7 8 9 10 236. Ms. Fortune filed a written complaint with Alvin Hoggard about Parker's conduct. A week or two later, Human Resources representative Karen Carlson called her. Ms. Fortune complained to Carlson about everything Parker had done. Carlson did not tell 11 12 Ms. Fortune what action would be taken, if any. She never afterward told Ms. Fortune 13 what was the outcome of her complaint, if any. 14 237. When Parker learned Ms. Fortune had filed a written complaint, he accosted her in 15 16 the lobby at Riverside Terminal, yelled at her, and put up his fists to intimidate her. 17 238. In or about early 2014, Ms. Fortune worked with a co-driver named Jamal. He 18 requested that she record herself urinating, because he “liked hearing women pee.” Ms. 19 20 Fortune got off his truck at Riverside Terminal. 21 239. Also in or about early 2014, Ms. Fortune met a different potential co-driver also 22 23 named Jamal. The two met at Riverside Terminal and agreed to drive together. 24 240. After they began driving Jamal repeatedly commented on how “pretty” Ms. 25 Fortune is, and came on to her. She told him she was not interested. 26 27 28 241. On a route heading east from Riverside Terminal, Jamal insisted on buying Ms. Fortune a meal at Denny's for her birthday. While they were eating, he told Ms. Fortune 61 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 62 of 86 Page ID #:62 1 “it's not working.” She asked what he meant, and he replied “nothing.” 2 242. When they got back into the truck, Jamal told Ms. Fortune “you're going to give 3 me some ass, either I'm going to take it or you're going to give it to me.” He started 4 5 laughing. 6 243. Ms. Fortune was afraid. At night, she contacted a fleet manager and complained 7 8 9 10 about Jamal's threat to rape her. The fleet manager asked if she could see any hotels nearby, but Ms. Fortune explained that the truck was in an empty part of Kansas and there was nowhere to go if she got off the truck. She agreed to stay on the truck until they 11 12 reached Missouri. 13 244. Once they reached St. Louis, Ms. Fortune waited until Jamal had entered a service 14 station, then took her possessions and left the truck. She lost the pay she would have 15 16 earned had she been able to continue driving free of harassment. 17 245. Ms. Fortune complained to an employee in Human Resources about Jamal's 18 conduct. She was not told what would happen following her complaint. 19 20 246. Later, when she stopped in to visit her CRST classroom instructors in Cedar 21 Rapids, Ms. Fortune encountered Jamal. He had been promoted to become a CRST 22 23 classroom trainer. 24 247. Ms. Fortune began carrying knives and a Taser for personal protection because of 25 the harassment and threats she was experiencing from her codrivers. 26 27 28 248. In or about spring 2014, Ms. Fortune was waiting at Riverside Terminal to find a new co-driver, and was not earning any pay while she waited. She met a potential co62 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 63 of 86 Page ID #:63 1 driver from Florida, Hans Davis, and they began to work together. 2 249. Ms. Fortune was having difficulty improving her skills at backing trucks, and 3 Davis agreed to help teach her how. 4 5 250. Not long after they left Riverside Terminal to begin driving together, Davis 6 repeatedly commented on Ms. Fortune's appearance, telling her that she was “gorgeous” 7 8 9 10 and “fine.” He told her he had previously driven with a Puerto Rican woman and that they had sex “all the time” in the truck, in an effort to convince Ms. Fortune to sleep with him and that he would not tell anyone. Ms. Fortune rejected his advances. 11 12 251. Davis later told Ms. Fortune that he was “going to need [her] to take an AIDS test.” 13 Ms. Fortune was shocked, said they were not sleeping together, and asked why she would 14 take such a test. He replied “well I need to know if you're clean.” 15 16 252. Davis asked to lie in bed with Ms. Fortune, and propositioned her for sex. She told 17 him no. 18 253. Because she would not sleep with him, Davis became hostile, and stopped teaching 19 20 Ms. Fortune how to back the truck, telling her “well just figure it out.” 21 254. Davis decided to take a different job without informing CRST that he was quitting. 22 23 He began threatening Ms. Fortune that she would not want to see what happened if she 24 told CRST about it. 25 255. When they arrived at Oklahoma City Terminal, Ms. Fortune called a hotline that 26 27 28 she saw posted on the wall in the terminal, which was intended for reporting threats. She complained about Davis's conduct. 63 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 64 of 86 Page ID #:64 1 256. In or about summer 2014, Ms. Fortune was at Cedar Rapids Terminal in need of a 2 co-driver. Her fleet manager suggested she work with potential co-driver Charles 3 Pickens, and she agreed. 4 5 257. Ms. Fortune had to drive in a rental car with Pickens and two other drivers to pick 6 up a truck at the terminal in Carlisle, Pennsylvania. 7 8 9 10 258. During the drive, Pickens started touching Ms. Fortune inappropriately, including but not limited to grabbing her behind and waist. She told him to stop and that she did not like it. 11 12 259. After they began driving the truck together, Pickens stopped the truck at night 13 while Ms. Fortune was asleep. She awoke to find him standing over her. He asked to get 14 into bed with her, and she said no. He would not leave until Ms. Fortune referred to the 15 16 knives she kept under her pillow. 17 260. Ms. Fortune complained about Pickens's conduct to her fleet manager Whitney 18 Bell, and got off the truck at Riverside Terminal. 19 20 261. Ms. Fortune was constructively discharged in January 2015. 21 262. Ms. Fortune was present at Riverside Terminal approximately three times per 22 23 month over the course of her employment with CRST. She would have continued 24 working in California but for the harassment and discrimination she experienced. 25 263. As a result of CRST's conduct, Ms. Fortune experienced severe emotional distress 26 27 28 and lost wages. 264. Ms. Fortune's injuries were proximately caused by CRST. 64 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 65 of 86 Page ID #:65 VIII. CLAIMS FOR RELIEF 1 First Claim for Relief 2 3 Discrimination in Violation of Title VII 4 On Behalf of the Named Plaintiffs and the Title VII Class 5 6 7 8 9 10 265. Plaintiffs incorporate Paragraphs 1 through 264. 266. The foregoing conduct violates Title VII of the Civil Rights Act of 1964. 267. Defendant CRST has engaged in illegal, intentional discrimination on the basis of sex, by creating a hostile work environment based on sex with respect to all women 11 12 employed as truck drivers. 13 268. Plaintiffs have regularly complained to CRST regarding discrimination and 14 harassment. 15 16 269. CRST has allowed the discrimination and harassment to continue. 17 270. As a consequence of Defendant's conduct, the Named Plaintiffs have suffered 18 emotional distress. 19 20 271. Defendant's actions proximately caused the Named Plaintiffs' and Class's injuries. 21 272. Plaintiffs request relief as provided in the Prayer for Relief below. 22 23 Second Claim for Relief 24 Discrimination in Violation of 25 the California Fair Employment and Housing Act 26 27 28 On Behalf of the California Subclass 273. Plaintiffs incorporate Paragraphs 1 through 272. 65 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 66 of 86 Page ID #:66 1 274. The foregoing conduct violates the California Fair Employment and Housing Act, 2 Government Code Sec. 12940, et seq. 3 275. Defendant CRST has engaged in illegal, intentional discrimination on the basis of 4 5 sex, by creating a hostile work environment based on sex with respect to all women 6 employed as truck drivers. 7 8 9 10 276. Plaintiffs have regularly complained to CRST regarding discrimination and harassment. 277. CRST has allowed the discrimination and harassment to continue. 11 12 278. As a consequence of Defendant's conduct, the Named Plaintiffs have suffered 13 emotional distress. 14 279. Defendant's actions proximately caused the Named Plaintiffs' and Class's injuries. 15 16 17 18 280. Plaintiffs request relief as provided in the Prayer for Relief below. Third Claim for Relief Retaliation in Violation of Title VII 19 20 21 22 23 On Behalf of the Named Plaintiffs and the Title VII Class 281. Plaintiffs incorporate Paragraphs 1 through 280. 282. CRST retaliated against the Class Representatives and the members of the 24 proposed class because they insisted upon a work environment free of sex discrimination 25 and also because they complained about sex discrimination. 26 27 28 283. CRST retaliated against the Class Representatives and the members of the proposed class by subjecting them to adverse employment actions, including but not 66 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 67 of 86 Page ID #:67 1 limited to, subjecting them to sexual harassment, a hostile work environment and/or other 2 forms of discrimination in violation of Title VII; requiring a female driver who has 3 complained of harassment to leave the truck and allowing her male co-driver to continue 4 5 onward; requiring women who have been removed from trucks following a harassment 6 complaint to pay out of pocket for accommodations; requiring women who have been 7 8 removed from trucks following a harassment complaint to wait in place to be picked up 9 by a company truck while earning nothing; failing to take any action to pair women 10 removed from trucks following harassment complaints with a new co-driver, forcing 11 12 them to wait and earn nothing while seeking a new co-driver; where a female trainee has 13 complained of harassment by her male trainer, prolonging her training beyond 28 days, 14 resulting in much less pay than she would have earned during that period had she 15 16 completed her training free from harassment; continuing to provide the names and 17 contact information of women who have made harassment complaints to the entire pool 18 of potential co-drivers, including men about whom they complained; in the case of the 19 20 Named Plaintiffs, being constructively discharged; and otherwise penalizing women for 21 complaining. 22 23 284. As a consequence of Defendant's conduct, the Named Plaintiffs lost past and future 24 wages and other job benefits, and suffered severe emotional distress. 25 285. CRST's actions proximately caused the injuries of the Class Representatives and 26 27 28 the members of the proposed class. 286. The Class Representatives and the proposed class request relief as provided in the 67 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 68 of 86 Page ID #:68 1 2 3 Prayer for Relief below. Fourth Claim for Relief Retaliation in Violation of the California Fair Employment and Housing Act 4 5 6 7 8 9 10 On Behalf of the Named Plaintiffs and the California Subclass 287. Plaintiffs incorporate Paragraphs 1 through 286. 288. CRST retaliated against the Class Representatives and the members of the proposed class because they insisted upon a work environment free of sex discrimination and also because they complained about sex discrimination. 11 12 289. CRST retaliated against the Class Representatives and the members of the 13 proposed class by subjecting them to adverse employment actions, including but not 14 limited to, subjecting them to sexual harassment, a hostile work environment and/or other 15 16 forms of discrimination in violation of the Fair Employment and Housing Act; requiring a 17 female driver who has complained of harassment to leave the truck and allowing her male 18 co-driver to continue onward; requiring women who have been removed from trucks 19 20 following a harassment complaint to pay out of pocket for accommodations; requiring 21 women who have been removed from trucks following a harassment complaint to wait in 22 23 place to be picked up by a company truck while earning nothing; failing to take any 24 action to pair women removed from trucks following harassment complaints with a new 25 co-driver, forcing them to wait and earn nothing while seeking a new co-driver; where a 26 27 28 female trainee has complained of harassment by her male trainer, prolonging her training beyond 28 days, resulting in much less pay than she would have earned during that period 68 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 69 of 86 Page ID #:69 1 had she completed her training free from harassment; continuing to provide the names 2 and contact information of women who have made harassment complaints to the entire 3 pool of potential co-drivers, including men about whom they complained; and otherwise 4 5 penalizing women for complaining. 6 290. As a consequence of Defendant's conduct, the Named Plaintiffs lost past and future 7 8 9 10 wages and other job benefits, and suffered severe emotional distress. 291. CRST's actions proximately caused the injuries of the Class Representatives and the members of the proposed class. 11 12 13 292. The Class Representatives and the proposed class request relief as provided in the Prayer for Relief below. 14 Fifth Claim for Relief 15 16 Constructive Discharge in Violation of Title VII 17 On Behalf of the Named Plaintiffs and the Title VII Class 18 293. Plaintiffs incorporate Paragraphs 1 through 292. 19 20 294. As a consequence of Defendant's conduct, the Class Representatives and members 21 of the proposed class were subjected to discriminatory working conditions that were so 22 23 intolerable that any reasonable person would resign. 24 295. As a consequence of Defendant's conduct, the Class Representatives suffered 25 severe emotional distress. 26 27 28 296. CRST's actions proximately caused the injuries of the Class Representatives and the members of the proposed class. 69 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 70 of 86 Page ID #:70 1 2 297. The Class Representatives and the proposed class request relief as provided in the Prayer for Relief below. 3 Sixth Claim for Relief 4 5 Constructive Discharge in Violation of the 6 California Fair Employment and Housing Act 7 8 9 10 On Behalf of the Named Plaintiffs and the California Subclass 298. Plaintiffs incorporate Paragraphs 1 through 297. 299. As a consequence of Defendant's conduct, the Class Representatives and members 11 12 of the proposed class were subjected to discriminatory working conditions that were so 13 intolerable that any reasonable person would resign. 14 300. As a consequence of Defendant's conduct, the Class Representatives suffered 15 16 severe emotional distress. 17 301. CRST's actions proximately caused the injuries of the Class Representatives and 18 the members of the proposed class. 19 20 302. The Class Representatives and the proposed class request relief as provided in the 21 Prayer for Relief below. 22 23 IX. RELIEF ALLEGATIONS 24 303. Plaintiffs and the Classes they represent have no plain, adequate or complete 25 remedy at law to redress the wrongs alleged herein, and the injunctive relief sought in this 26 27 28 action is the only means of securing complete and adequate relief. Plaintiffs and the Classes they represent are now suffering and will continue to suffer irreparable injury 70 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 71 of 86 Page ID #:71 1 from Defendant’s discriminatory acts and omissions. 2 304. The actions on the part of Defendant have caused and continue to cause Plaintiffs 3 and all Class and Subclass members substantial losses in earnings, promotional 4 5 opportunities another employment benefits, in an amount to be determined according to 6 proof. 7 8 9 10 305. Defendant acted or failed to act as herein alleged with malice or reckless indifference to the protected rights of Plaintiffs and Class and Subclass members. Plaintiffs and class members are thus entitled to recover punitive damages in an amount 11 12 to be determined according to proof. X. PRAYER FOR RELIEF 13 14 WHEREFORE, Plaintiffs and the proposed Classes pray for relief as follows: 15 16 1) Certification of the Class and California Subclass as a class action under Rule 23 17 (b)(2) and (3), and designation of the Named Plaintiffs Cathy Sellars, Claudia Lopez and 18 Leslie Fortune as representatives of the Classes and their counsel of record as Class 19 20 21 Counsel; 2) All damages which the Named Plaintiffs and the Classes have sustained as a result of 22 23 Defendant’s conduct, including back pay, front pay, general and special damages for lost 24 compensation and job benefits that they would have received but for the discriminatory 25 26 27 practices of Defendant; 3) For Plaintiffs’ individual, non-class claims, all damages they have sustained as a result 28 71 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 72 of 86 Page ID #:72 1 of defendant’s conduct, including back pay, front pay, general and specific damages for 2 lost compensation and job benefits they would have received but for the discriminatory 3 practices of defendant, damages for emotional distress, and punitive damages, according 4 5 6 to proof; 4) For plaintiffs and the Classes exemplary and punitive damages in an amount 7 8 9 commensurate with Defendant’s ability to pay and to deter future conduct; 5) A preliminary and permanent injunction against Defendant and its directors, officers, 10 11 owners, agents, successors, employees and representatives, and any and all persons acting 12 in concert with them, from maintaining a hostile work environment on the basis of sex. 13 14 Such relief at minimum should include implementation of effective policies to prevent 15 and correct sexual harassment, including effective avenues for reporting harassment that 16 do not force women to incur penalties (financial or otherwise), and measures to prevent 17 18 retaliation; implementation of mandatory training regarding harassment for all of 19 Defendant's managerial and non-managerial employees; elimination of the “no females” 20 policy and implementation of effective discipline for harassment. 21 22 6) A declaratory judgment that the practices complained of in this Complaint are unlawful 23 and violate 42 U.S.C. § 2000(e), et. seq., Title VII of the Civil Rights Act of 1964; 24 25 26 27 7) Costs incurred, including reasonable attorneys’ fees, to the extent allowable by law; 8) Pre-Judgment and Post-Judgment interest, as provided by law; and 28 72 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 73 of 86 Page ID #:73 1 2 9) Such other and further legal and equitable relief as this Court deems necessary, just and proper. 3 4 5 6 Dated: May 18, 2015 AITKEN CAMPBELL HEIKAUS WEAVER, LLP By 7 8 9 10 11 12 ________/s/________________ Chris Heikaus Weaver Local Counsel for Plaintiffs LAW OFFICES OF JOSHUA FRIEDMAN, P.C. By _______/s/_________________ Giselle Schuetz To Be Admitted Pro Hac Vice 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 73 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 74 of 86 Page ID #:74 DEMAND FOR JURY TRIAL 1 Plaintiffs hereby demand trial of their claims by jury to the extent authorized by 2 3 law. 4 5 Dated: May 18, 2015 6 7 8 AITKEN CAMPBELL HEIKAUS WEAVER, LLP By 9 10 11 12 13 __________/s/______________ Chris Heikaus Weaver Local Counsel for Plaintiffs LAW OFFICES OF JOSHUA FRIEDMAN, P.C. By ______/s/__________________ Giselle Schuetz 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 74 COMPLAINT FOR DAMAGES Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 75 of 86 Page ID #:75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 76 of 86 Page ID #:76 76 EXHIBIT A TO CLASS ACTION COMPLAINT Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 77 of 86 Page ID #:77 77 EXHIBIT A TO CLASS ACTION COMPLAINT Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 78 of 86 Page ID #:78 78 EXHIBIT A TO CLASS ACTION COMPLAINT Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 79 of 86 Page ID #:79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT B Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 80 of 86 Page ID #:80 79 EXHIBIT B TO CLASS ACTION COMPLAINT Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 81 of 86 Page ID #:81 80 EXHIBIT B TO CLASS ACTION COMPLAINT Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 82 of 86 Page ID #:82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT C Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 83 of 86 Page ID #:83 DECLARATION OF VICTOR THOMAS PURSUANT TO 28 U.S.C. § 1746 UNDER THE PENALTY OF PERJURY 1. I am Victor Thomas. I am over the age of 18 and make this Declaration based on personal knowledge. 2. I have worked as a driver for CRST for a little over two years. I first met Cathy Sellars at CRST in December 2013. I met Ms. Sellars at the CRST terminal in Riverside, CA during her first week on the job. 3. Ms. Sellars first experienced sexual harassment at CRST her first week. She told me that Lydell, one of the other driver's, solicited her, telling her he wanted her to come to his truck to have sex with him. She told him no. 4. A day or two later, Lydell began following Ms. Sellars around outside. She told me this combined with the comments about having sex in his truck made her very uncomfortable. 5. That same day, I went with Ms. Sellars to see Alvin, the terminal manager, so that she could file a complaint about what had happened. I was there as Ms. Sellars told Alvin exactly what she had told me, as described above. Alvin told her that he “would handle it.” 6. Shortly after the incident with Lydell, Ms. Sellars came to me upset because another truck driver made sexual comments to Ms. Sellars about her body and suggested they have sex. She said no. Then, a day or two later, this driver not only verbally harassed her, but he also tried to touch her while she was on his truck. Ms. Sellars told me she told Human Resources about what had happened. 7. The worst incident was in February 2014 when Ms. Sellars was texting me from the truck because the driver had a knife in his lap and he was not going to let her go. I told her to call the police and get off that truck. 81 EXHIBIT C TO CLASS ACTION COMPLAINT Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 84 of 86 Page ID #:84 8. Ms. Sellars told me about four different drivers who harassed her at CRST between December 2013 and February 2014. When she called me after an incident of harassment, she would tell me that she had complained yet again to management and/or Human Resources about what had happened. 9. As far as I know, CRST has not done anything about the sexual harassment. I still see the drivers Ms. Sellars complained about coming into the terminal. 10. I hear about incidents of both male and female CRST employees being sexually harassed, three to five times a week. It is a part of the culture. 11. From August 2013 to March 2014, I worked at the front desk at the Riverside Terminal. Sometimes I was the only person available at the Terminal to answer the phone. I received calls from female trainees on the road who were being sexually harassed. I would inform the terminal manager about the call and tell the woman who was being harassed to tell the dispatcher and call Corporate about what had occurred. 12. One woman driver told me that the driver who had been assigned to train her told her she had to sleep with him if she wanted to pass the training. She filed a detailed report, but he is still a trainer. 13. CRST says they have a zero tolerance policy for harassment, but it is someone else's definition of zero. Harassment is swept under the rug. 14. I declare under penalty of perjury that the foregoing is true and correct. _________________ __________ [NAME] Date 82 EXHIBIT C TO CLASS ACTION COMPLAINT Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 85 of 86 Page ID #:85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT D Case 5:15-cv-00969 Document 1 Filed 05/18/15 Page 86 of 86 Page ID #:86 83 EXHIBIT D TO CLASS ACTION COMPLAINT