EEOC v. Blockbuster Inc.
Filing
105
RESPONSE in Opposition re 100 MOTION for Summary Judgment and Brief in Support of Summary Judgment filed by EEOC. Replies due by 4/19/2010. (Attachments: # 1 Exhibit Exb. 1, # 2 Exhibit Exb. 2, # 3 Exhibit Exb. 3, # 4 Exhibit Exb. 4, # 5 Exhibit Exb. 5, # 6 Exhibit Exb. 6, # 7 Exhibit Exb. 7, # 8 Exhibit Exb. 8, # 9 Exhibit Exb. 9, # 10 Exhibit Exb. 10, # 11 Exhibit Exb. 11, # 12 Exhibit Exb. 12, # 13 Exhibit Exb. 13, # 14 Exhibit Exb. 14, # 15 Exhibit Exb. 15, # 16 Exhibit Exb. 16, # 17 Exhibit Exb. 17, # 18 Exhibit Exb. 18, # 19 Exhibit Exb. 19, # 20 Exhibit Exb. 20, # 21 Exhibit Exb. 21, # 22 Exhibit Exb. 22, # 23 Exhibit Exb. 23, # 24 Exhibit Exb. 24, # 25 Exhibit Exb. 25, # 26 Exhibit Exb. 27, # 27 Exhibit Exb. 28, # 28 Exhibit Exb. 29)(Phillips, Ronald)
<![CDATA[
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
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EQUAL EMPLOYMENT
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OPPORTUNITY COMMISSION,
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Plaintiff,
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vs.
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BLOCKBUSTER, INC.,
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Defendant.
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Civil Action No.
8:07-CV-02612
10
11
Deposition of Lolita D. Gonzales
12
Bethesday, Maryland
13
Tuesday, May 6th, 2008
14
9:00 a.m.
15
16
17
18
19
20
Job No. 1-126044
21
Pages 1 - 161
22
Reported by:
Laurie Bangart-Smith, RPR, CRR
BLOCKBUSTER.transcript.gonzalesl
Page 33
Page 35
1
Q
They did it when?
1 July of '05, you've had a few periods of unemployment
2
A
Some weeks it would be and some it wasn't.
2 where you did not have a job. How did you support
3 When I said 35, it was some weeks were 35, and others
3 yourself during those periods of unemployment?
4 it would be 20, and they would never tell you. They
4
5 would never let you know that they were reducing the
5 unemployment, and from February or March 2006, for the
6 hours.
6 first few months I supported myself with money from
7
Q
What did you do in terms of employment
A
From July to September I received
7 taxes. It was a refund that was given to me. And
8 between February or March 2006 when you left Panera
8 then I don't remember exactly, but August or July, I'm
9 Bread and September of 2006 when you started at Volt? 9 not exactly sure, I requested TCA. I requested
10
A
I continued to look for work.
10 assistance from the government, and I received TCA and
11
Q
So you were unemployed between February or
11 I received food stamps.
12 March 2006 and September 2006?
12
13
A
Yeah.
13 Zara. Have you had any complaints about your work
14
Q
And what kind of work did you look for?
14 performance?
15
A
Warehouse, but after then I started applying
15
A
No.
16 in different places for anything.
16
Q
What about your employment at Mimi's; did
17
17 you have any complaints from your supervisors at
Q
Do you recall any of the places that you
Q
During your employment -- let's start with
18 applied to during that period?
18 Mimi's concerning your work performance?
19
A
No.
19
A
No.
20
Q
Do you recall approximately how many
20
Q
What about at Volt; any complaints about
21 applications you submitted during that period?
21 your performance at Volt or Netflix?
22
22
A
It must have been more than a hundred.
A
No.
Page 34
1
Q
And where did you work prior to working at
Page 36
1
Q
What about Panera Bread; any complaints
2 Panera Bread, starting to work at Panera Bread in
2 about your work performance while at Panera Bread?
3 September 2005?
3
A
No.
4
A
Express.
4
Q
When did you start working for Express?
5
Q
Did you have any assignments through Express
5
A
November or April -- I mean November 20
6 after you left Blockbuster in July of 2005?
6 something of 2004.
7
A
No.
7
8
Q
So your employment with Express ended in
8 employment with Express?
9 July of 2005?
10
11
MR. PHILLIPS: Object to the
characterization.
Q
And did you fill out an application for
9
A
Yes. I assume I did.
10
Q
Do you recall if you did? I don't want you
11 to assume.
12
You can answer.
12
13
THE WITNESS: Yes.
13 remember.
A
Would you allow me a minute to try to
14
MS. SPEIGHTS: We've been going about an
14
Q
Sure.
15
hour and a half. I could probably use a short
15
A
I don't recall. I'm not sure.
16
break.
16
Q
Did you go through an interview at Express
17
MR. PHILLIPS: Sounds good to me.
17 prior to being hired?
18
(Whereupon, a short recess was taken.)
18
A
Just over the phone.
19 BY MS. SPEIGHTS:
19
Q
Do you know who you interviewed with over
20
20 the phone?
Q
Ms. Gonzales, you've testified I guess since
21 July of '05 when you -- strike that. Ms. Gonzales,
21
A
Cinnie Brown.
22 based on your testimony about your employment since
22
Q
What was your understanding of Ms. Brown's
BLOCKBUSTER.transcript.gonzalesl
Pages 33 - 36
Page 37
Page 39
1 position with Express?
1
2
2
A
That I was going to work for -- she was the
3 hiring officer.
4
company?
3
4
MS. SPEIGHTS: That Blockbuster is a
Q
Did you know at the time that you
MR. PHILLIPS: Characterization of the word
"employment."
5 interviewed with Ms. Brown that if you were hired, you
5 BY MS. SPEIGHTS:
6 would be assigned to Blockbuster?
6
7
A
Yes.
7 job duties?
8
Q
How did you know that?
8
9
A
She told me so.
9 see if the sleeve matched with the title of the movie.
10
Q
How is it that you came to look for a
Q
A
When you got to Blockbuster, what were your
Pack DVDs. Open the envelopes and check to
10 Then put them in. Take out the orders and put in
11 position at Express Personnel?
11 the -- put them in envelopes to send them to the
12
12 customers.
A
Because at that time I was working at Panera
13 Bread and I wanted a job where I was better paid.
13
14
14 at Blockbuster?
Q
And how did you hear about Express
Q
And how much did you make when you started
15 Personnel?
15
A
Ten dollars an hour.
16
16
Q
Did that amount ever change while you were
A
If I'm not mistaken, if I recall correctly,
17 I found it over the Internet.
17 assigned to Blockbuster?
18
MR. PHILLIPS: I don't mean to interrupt,
18
A
No.
19
but here's the letter that I believe the witness
19
Q
What were your work hours when you began
20
referenced earlier in her testimony. Obviously,
20 your assignment at Blockbuster?
21
Grace can question the witness about it.
21
22
A
It was to come in at 7:00 a.m. and to leave
22 whenever I was done with the work.
Page 38
Page 40
1 BY MS. SPEIGHTS:
1
2
2 work at Blockbuster when you first started?
Q
When you looked at the information about
Q
Approximately how many hours per day did you
3 Express Personnel that was on the Internet, did that
3
A
Around ten hours.
4 information refer in any way to Blockbuster?
4
Q
Did that ever change during your assignment
5
A
No, no.
5 at Blockbuster?
6
Q
When was the first time -- when did you
6
A
Yes. This was a period of time where I
7 first learn that your assignment would be with
7 worked 12 to 13 hours a day.
8 Blockbuster?
8
9
A
When I spoke with her on the phone.
9 were working 12 to 13 hours a day?
10
Q
And what did Ms. Brown say about the
Q
And what period of time was that when you
10
A
I couldn't say.
11 position at Blockbuster?
11
Q
Do you know how often you would have to work
12
12 12 or 13 hours a day?
A
That I was going to be putting DVDs in
13 envelopes and that I was going to be processing them.
13
A
It was almost every day.
14
Q
When were you assigned to Blockbuster?
14
Q
All right. You mentioned that, when you
15
A
November 20 something of 2004, in November.
15 first started, it was approximately ten hours a day.
16
Q
During your employment with Express, were
16 Now you're saying that almost every day it was 12 to
17 you ever assigned to any other company besides
17 13 hours a day. When did it become 12 to 13 hours a
18 Blockbuster?
18 day?
19
19
A
As I said before, I don't recall.
20
Q
Did you receive any benefits as an employee
20
MR. PHILLIPS: Object to the
characterization.
21
Answer the question.
21 of Express Personnel other than your wages?
22
THE WITNESS: No.
22
BLOCKBUSTER.transcript.gonzalesl
MR. PHILLIPS: Objection. Object to the
Pages 37 - 40
Page 53
Page 55
1 terminated, that it was because of discrimination.
1 BY MS. SPEIGHTS:
2
Q
When did you prepare Exhibit 2?
2
3
A
Perhaps in August or September of 2005.
3 that I delayed too much," and my question is whether
4
Q
Had you had any contact with anyone at the
4 or not what I just read or stated was pretty accurate
Q
And I said, "And they told me constantly
5 EEOC prior to preparing this document?
5 or close to what you were saying in that paragraph in
6
A
Not that I can recall.
6 that first sentence.
7
Q
Did you send exhibit 2 to the EEOC?
7
8
A
Yes.
8
9
Q
When did you send Exhibit 2 to the EEOC?
9 BY MS. SPEIGHTS:
10
A
I assume on the date that is stated up at
10
A
That I delayed too much?
(Discussion was held off the record.)
Q
Could you read the first sentence of
11 the top of the page.
11 Paragraph 2.
12
Q
Is that September 21st, 2005?
12
13
A
Yes.
13 was the only one that they took the production time
14
Q
How did you obtain the fax number for the
14 from, and they told me that constantly I delayed too
A
"Three employees, we did the same job, and I
15 EEOC?
15 much."
16
A
I don't remember.
16
17
Q
Now, you testified that you prepared this
17 that you were referring to in that sentence?
Q
Ms. Gonzales, who are the three employees
18 because you thought your termination was the result of
18
A
Takara, Monique and me.
19 discrimination; is that correct?
19
Q
And could you read the second sentence of
20
A
Yes.
20 that same paragraph.
21
Q
Why did you think your termination was the
21
A
"Nevertheless, the other black people's
22 time, production time, was not monitored, and they
22 result of discrimination?
Page 54
1
A
Because a lot of things happened. A lot of
Page 56
1 delayed the same amount of time -- they delayed more,
2 things were done to me that weren't done to other
2 doing the same job."
3 people.
3
4
4 employees that you referenced here were not -- that
Q
And did you list or put those things in
Q
How do you know that the other three
5 Exhibit 2?
5 their production time was not monitored?
6
A
Yes.
6
7
Q
Ms. Gonzales, I'm going to ask you to turn
7 employees," it was three including me. It was another
A
I want to correct you. When it says "three
8 to the page that's numbered EEOC 00269 and ask you to
8 two employees, plus me.
9 take a look at the second paragraph of that document.
9
Q
All right. Just so I'm clear, your
10
A
Okay.
10 document, however, says three employees plus you,
11
Q
Looking at the first sentence, I want to
11 correct?
12 give you my understanding of that sentence and then
12
13 ask you if that is correct.
13
interpreter -- in the translation, perhaps, from
14
14
English to Spanish, the verb is inflected for
15 there basically is that "three employees did the same
15
third person, and it is extremely basic and
16 work as me" -- and I'm reading it -- "and I was the
16
understandable and clear in Spanish that it
17 only person that they took the production time from,
17
refers to her plus the other two. In English we
18 and they told me constantly that I delayed too much."
18
don't inflect our verbs in the same way, and so
19
19
it isn't as clear in English unless you were
20 saying there?
20
explicit and say we three employees did the same
21
21
job, and perhaps that should have been the
22
correct translation, "we three employees did the
My understanding is that what you're saying
Is that pretty accurate as to what you're
(Discussion was held off the record.)
22
BLOCKBUSTER.transcript.gonzalesl
THE INTERPRETER: Would you allow the
Pages 53 - 56
Page 57
Page 59
1
same job at," and so the interpreter corrects the
1
MS. SPEIGHTS: Yes.
2
original translation of when the witness read
2
MR. PHILLIPS: It appears that's all one
3
into the record, and I think that clarifies.
3
4
MS. SPEIGHTS: Thank you.
5
THE INTERPRETER: You're welcome.
5
sentence. Go ahead and read it.
4
MS. SPEIGHTS: It starts with "pero" and
ends with "casa."
6 BY MS. SPEIGHTS:
6
MR. PHILLIPS: Okay.
7
7
THE WITNESS: But it wasn't the case. For
Q
Then I will correct my question. How do you
8 know that the other two employees were not monitored?
8
example, the black employee named Takara
9
9
committed more than 40 mistakes and was never
A
Because I saw that they weren't behind them,
10 watching what they did and timing them.
10
11
11 BY MS. SPEIGHTS:
Q
And when you say that you saw that "they"
sent home.
12 weren't behind them, who is the "they"?
12
Q
13
A
Mr. Thomas.
13 than 40 errors?
14
Q
And how were employees timed?
14
15
A
With a clock.
15 you, not everyone, a section of DVDs to put back, and
16
Q
Did Mr. Thomas, as you refer to him, have a
16 that day we were looking for some DVDs that were
A
How do you know that Takara committed more
One day that we were working -- they assign
17 clock in his hand?
17 missing, and she left early because she said she
18
18 couldn't stay late, and the rest of us stayed there
A
No, with a clock up on the wall, and he
19 would write down. As soon as they started to do
19 looking for those DVDs until 8:00 at night. And when
20 something, he would write down.
20 we found them, we found the package of 40 DVDs out of
21
21 place. They were just scattered around anywhere.
Q
And it's your testimony that Mr. Thomas did
22 not do that with respect to Takara and Monique?
22
Q
How do you know that there was no action
Page 58
Page 60
1
A
No.
1 taken against Takara for doing that?
2
Q
And you also say here that they delayed more
2
A
Because the next day she came in to work,
3 than you did in doing the same job. How do you know
3 and nobody told her to go home or anything.
4 that Takara and Monique delayed more than you did
4
5 doing the same job?
5 taken against her, right?
6
A
Because I would be done before they were.
6
7
Q
And would the three of you start out with
7 letter they said that they would send anybody home
Q
A
But you don't know if any other action was
No, but he said that he would -- in the
8 the same amount of work to do?
8 that commits an error.
9
A
Yes, and at times I even had more.
9
Q
What letter are you referring to?
10
Q
And how do you know that?
10
A
The one that I wrote, and that's what he
11
A
Because you could see the packages that they
11 told me, the manager.
12 would pick up and mine.
12
13
13 to?
Q
But you didn't know the exact numbers, did
Q
A
And who is the manager that you're referring
14 you, the number of packages that each one of them had?
14
15
A
No, I didn't.
15 Barrett and Thomas.
16
Q
If you'll look at the next paragraph,
16
Q
That was the managers. I'm sorry. Lincoln
Just so I'm clear, did you ever receive a
17 specifically the second sentence in that paragraph,
17 letter from Blockbuster saying they would send people
18 can you read that sentence for us.
18 home if they made errors?
19
A
Which one are you referring to?
19
A
No, no.
20
Q
The third paragraph, the last sentence.
20
Q
When you said it was in the letter, you're
21
22
MR. PHILLIPS: That's unclear there. The
sentence that ends in the word "casa"?
BLOCKBUSTER.transcript.gonzalesl
21 saying that you put that in your letter, that that's
22 what the managers told you?
Pages 57 - 60
Page 65
1
Q
The next paragraph in the second sentence,
Page 67
1 your employment?
2 what other employees are you referring to? And that's
2
A
No, at the beginning of 2005.
3 the paragraph that begins "Pero otros."
3
Q
All right, and what did you say to
4
4 Mr. Lincoln?
A
"Once Fernando came, and he was vomiting or
5 rather he was feeling bad and he smelled like alcohol,
5
6 and the manager, Lincoln, looked at him and said, 'If
6
7 you don't feel good, go home,' and told him he could
7
8 go home."
8
was racist, then I went to tell Mr. Lincoln, and
9
And were there occasions where you did not
9
then when he shouted at me, I told him,
10 feel well and asked to go home and were denied the
10
Mr. Lincoln, that Mr. Thomas would send me to do
11 opportunity to go home?
11
something or I was doing something, and he would
12
12
send me to do something else and then something
Q
A
Yes, that time that I said that I had a
13 fever.
THE INTERPRETER: I'm asking the witness to
repeat so I get the subjects and objects right.
THE WITNESS: When Mr. Thomas said that I
13
else, and he had me like a toy, going back and
14
Q
And who did you talk to about that?
14
forth.
15
A
With Lincoln, Mr. Lincoln.
15 BY MS. SPEIGHTS:
16
Q
And what did you say to Lincoln?
16
Q
That was a separate complaint to Lincoln?
17
A
That I had a fever, that I didn't feel well
17
A
Yes. There were different occasions when I
18 and whether I could go home.
18 complained to him.
19
Q
And what did he say?
19
20
A
That I couldn't, because I had to finish my
20 Mr. Thomas concerning anything else? Right now I have
21 work.
22
Q
Q
Okay. Did you complain to Lincoln about
21 when he said you were racist, when he shouted at you,
Did you ever complain to anybody at
22 and when he was sending you back and forth to do
Page 66
Page 68
1 Blockbuster about this treatment that you thought was
1 different things. Did you complain about anything
2 discriminatory?
2 else to Mr. Lincoln?
3
MR. PHILLIPS: Objection; vague.
3
A
Yes.
4
Please answer the question.
4
Q
What else did you complain about?
5
THE WITNESS: Do you mean one of the
5
A
That he would ask me out a lot.
6
managers or people at the warehouse or somebody
6
Q
Anything else?
7
who has a higher position somewhere else?
7
A
That's what I remember. That's all I
8 BY MS. SPEIGHTS:
8 remember for now.
9
9
Q
Anyone at Blockbuster.
Q
Did you complain to Lincoln about anyone
10
MR. PHILLIPS: Same objection.
10 else besides Mr. Thomas?
11
THE WITNESS: I told Lincoln how Thomas
11
A
Yes. Kofi.
12
treated me, and he said that he was going to work
12
Q
Okay. What did you complain to Lincoln
13
the problem out, and then the next day a
13 about concerning Kofi?
14
representative of Blockbuster arrived to see
14
15
Cinnie Brown, but I don't remember their name.
15 complained to him about Kofi.
16
One day. One day.
16
A
Q
I don't, I don't remember whether I
Do you recall complaining to Lincoln about
17 BY MS. SPEIGHTS:
17 anyone else besides Mr. Thomas?
18
18
A
About Takara.
19 Lincoln about Mr. Thomas?
19
Q
And what did you complain about concerning
20
20 Takara?
Q
A
Okay. When did you first complain to
If I'm not mistaken, it was at the beginning
21 of 2005.
21
22
22 said that I was a loafer and that I should do my job.
Q
The beginning of 2005 or the beginning of
BLOCKBUSTER.transcript.gonzalesl
A
Because one day she threw the DVDs at me and
Pages 65 - 68
Page 69
1
Q
Any other complaints to Mr. Lincoln about
Page 71
1 tell him about the additional comment?
2 employees other than Thomas and Takara?
2
MR. PHILLIPS: Objection; vague.
3
A
I don't remember for now.
3
Answer the question.
4
Q
Okay, Ms. Gonzales, I want to go back to the
4
THE WITNESS: Yes.
5 incident with Thomas where you said he called you a
5 BY MS. SPEIGHTS:
6 racist. When did that occur?
6
7
A
I don't remember the exact date.
7 anything about the complaint that you made to him
8
Q
What did he say to you?
8 about Mr. Thomas' comments?
9
A
Okay. I was putting the DVDs back in place
9
A
No.
10 in my section, and to put the DVDs back, we used this
10
Q
Do you know if he did anything?
11 cardboard. Not cardboard. This sort of black plastic
11
A
No.
12 thing with the sticker on top which has the location
12
Q
You mentioned that you complained to Lincoln
13 on it. And he asked me, when I was putting them in,
13 that Mr. Thomas shouted at you. When did that occur?
14 whether I liked men "of that color," as he's touching
14
15 the plastic, and I told him that for that I preferred
15 complained at Lincoln or when did the shouting happen?
16 Latinos but that I liked any race, that I liked any
16 Which?
17 type of people of any race, and then he says, "You're
17
18 a racist," and then he went and told several people at
18 shouting happen?
19 the warehouse that I was a racist.
19
20
20 time.
Q
Did you have any other discussions with
Q
A
Q
A
And to your knowledge, did Mr. Lincoln do
When did that happen? Do you mean when I
The first question is: When did the
He would shout at me the whole time, all the
21 Thomas about that comment?
21
22
22 employees at the warehouse?
A
He would say, referring to the blacks, he
Q
To your knowledge, did he shout at other
Page 70
Page 72
1 would refer to blacks asking whether -- asking, "Do
1
A
Yes.
2 you like us? Do you not like us?" He was -- he would
2
Q
Who else would he shout at?
3 affirm --
3
A
Milagros and Elizabeth and Sergio.
4
THE INTERPRETER: Interpreter's correction.
4
Q
And when did you complain to Lincoln about
5
THE WITNESS: He would say, "You don't like
5 Thomas' shouting?
6
A
I'm not sure.
7 BY MS. SPEIGHTS:
7
Q
To your knowledge, did Lincoln do anything
8
8 as a result of your complaint about Thomas shouting?
6
us," referring to blacks.
Q
And he said that -- that was a different
10 racist?
9
A
No, because he kept on shouting.
10
9 comment from his comment to you that you were a
Q
But do you know if Lincoln did anything in
Yes.
11 response to that complaint?
Q
And when did he make that comment to you?
12
A
No.
A
After the business about the black plastic
13
Q
You also mentioned that you complained to
11
A
12
13
14 happened.
14 Lincoln about Thomas asking you to do things or
15
Q
Was that the same day?
15 sending you back and forth to do different things.
16
A
No.
16 When did Thomas have you doing the back-and-forth
17
Q
How soon after that incident did he say that
17 things that you've described?
18 to you?
18
19
19 there.
A
It could have been the next day or two days
A
When Takara and other blacks started to work
20 later. I'm not exactly sure.
20
Q
Do you recall approximately when that was?
21
21
A
No.
22 comment by Thomas that you were a racist, did you also 22
Q
When did you complain to Lincoln about that?
Q
When you complained to Lincoln about the
BLOCKBUSTER.transcript.gonzalesl
Pages 69 - 72
Page 73
Page 75
1
A
I don't remember.
1 Thomas was asking you to go out?
2
Q
Do you know if Lincoln did anything about
2
A
3 that complaint?
3
Q
And what did you tell Lincoln?
4
A
No, I don't know.
4
A
That Mr. Thomas would ask me out.
5
Q
All right. You also said that you
5
Q
And what did Lincoln say?
6 complained to Lincoln that Thomas would ask you out a
6
A
He'd laugh.
7 lot. When did Thomas start asking you to go out?
7
Q
Did he do anything else besides laugh?
8
8
A
He would smile as if I was joking with him.
9
Q
Did he say anything?
10
A
That he would speak to him.
11 January or the end of December in connection with
11
Q
Do you know if Lincoln did anything about
12 asking you to go out?
12 your complaint that Thomas was asking you out on
13
A
Who; Thomas?
13 dates?
14
Q
Yes.
14
A
No.
15
A
He would ask me on Thursday to go out, to go
15
Q
You testified that you don't remember if you
A
Like at the beginning of January or the end
9 of December.
10
Q
And what did he say in the beginning of
It must have been in January.
16 out dancing or to eat.
16 complained to Lincoln about Kofi. What, if anything,
17
17 did Kofi do to you while you were at Blockbuster?
Q
Okay. When is the next time that he asked
18 you to go out?
18
19
19 ask me whether I shave my legs.
A
It could be just about every day he would
A
20 ask me to go out.
20
21
21 than one occasion?
Q
You said it "could be." I don't want "could
22 be." Can you recall when is the next time he asked
22
Q
He would ask me about my period and he would
A
And did he ask you those questions on more
No, just once.
Page 74
Page 76
1 you to go out?
1
Q
And when did he ask you those questions?
2
2
A
No, I don't remember.
3 telling you that most every day, almost every day he
3
Q
You mentioned that you -- or you testified
4 would.
4 that you complained to Lincoln about Takara throwing
5
A
Q
I can't tell you exactly, but that's why I'm
And when you say "most every day" he would
5 DVDs at you and saying that you were a loafer and
6 ask you to go out, during what time period are we
6 didn't do your job. When did Takara throw DVDs at
7 talking about?
7 you?
8
8
A
I couldn't say, because I wasn't watching
9 the clock.
10
Q
I don't mean in terms of hours or minutes; I
A
If I'm not mistaken, it was a week before I
9 was terminated.
10
Q
Tell me what happened.
11 mean in terms of days, dates, calendar dates.
11
A
With her? With Takara?
12
A
That's what I mean. I couldn't tell you.
12
Q
Yes.
13
Q
Approximately how many times did he ask you
13
A
I was doing, I was doing the relabels for
14 to go out?
14 the DVDs, because when the DVD labels were dirty or
15
A
A lot, very lot of times.
15 you couldn't read the writing on them well, you had to
16
Q
More than ten?
16 make another label for them.
17
A
Yes.
17
18
Q
More than 50?
18 DVDs that weren't that dirty and that you could read
19
A
Yes.
19 the labels, and I gave them to her so she could scan
20
Q
More than a hundred?
20 them, because she would scan them into the system.
21
A
Yeah, something like that.
21 Since she was doing that job, I put them for her
22
Q
When did you first complain to Lincoln that
22 there, and so when I got close to the -- I came up to
BLOCKBUSTER.transcript.gonzalesl
So I was doing that, and I set aside some
Pages 73 - 76
Page 77
Page 79
1 the table where we put the DVDs in the envelopes, she
1
2 came up to me and grabbed the DVDs that I had put
2 letter," which letter are you referring to?
3 there and said to me -- and threw them at me and said
3
A
The one that I wrote to Cinnie Brown.
4 to do my job, that I was a loafer. And I said she was
4
Q
Did you keep a copy of the letter that you
5 the loafer, because she didn't do anything.
5 wrote to Cinnie Brown?
6
6
A
Yes.
7 between you and Takara on that subject?
7
Q
Did you provide a copy of that letter to the
8
A
Yes.
8 EEOC?
9
Q
When did you complain to Lincoln about that
9
Q
And was that the end of the discussion
Q
A
And when you say "prior to writing the
No, I didn't keep -- excuse me. I did not
10 incident?
10 keep a copy of that letter. I only just sent the
11
A
The same day that it happened.
11 letter to Cinnie Brown.
12
Q
And to your knowledge, what did Lincoln do
12
Q
When did you write the letter to Cinnie
13 in response to your complaint?
13 Brown?
14
A
Nothing.
14
A
I believe in March or April.
15
Q
Is it your belief that he did nothing or you
15
Q
I think you testified that you met with
16 know that he did nothing?
16 Cinnie Brown and someone from Blockbuster at some
17
A
I know that he didn't do anything.
17 point; is that right?
18
Q
How do you know?
18
A
Yes.
19
A
Because when I went in to complain, he said
19
Q
And when was that meeting?
20 that he didn't believe anything of what I said to him
20
A
I'm not sure.
21 and that I was a problem and that nobody liked me at
21
Q
And who was the person that you met with
22 the warehouse. And all that that he said made me feel
22 from Blockbuster in that meeting?
Page 78
Page 80
1 bad, and I started crying.
1
A
2
I don't remember their name.
2
Q
And what did you say during that meeting?
3 made complaints to Cinnie Brown about Thomas; is that
3
A
What or how managers treated us.
4 right?
4
Q
And what did you say in terms of how
Q
Now, you mentioned that you also I guess
5
A
Yes.
5 managers were treating you?
6
Q
When did you first complain to Cinnie Brown
6
A
If I'm not mistaken, I told them that they
7 about Thomas?
7 would shout at us, they wouldn't let us sit down, and
8
A
When Milagros was terminated.
8 I believe -- I don't remember. I don't remember very
9
Q
And when was Milagros terminated?
9 well what else I said.
10
A
I don't recall.
10
11
Q
Did you complain to Cinnie Brown before
11 that Thomas had been asking you to go out a lot?
Q
12 complaining to Lincoln?
12
13
A
No.
A
13 did.
14
Q
Did you complain to Cinnie Brown about
14
Did you tell the person from Blockbuster
Q
I believe -- I don't remember. I believe I
Now, when you just testified about what you
15 Thomas calling you a racist?
15 told the person from Blockbuster, you said that I told
16
A
I don't remember.
16 them that they would shout at us or not let us sit
17
Q
Did you complain to Cinnie Brown about
17 down. When you used the word "us," who were you
18 Thomas shouting at you?
18 referring to?
19
A
Yes.
19
A
The Latinas.
20
Q
When did you complain to her about that?
20
Q
Did Thomas ever shout at any of the
21
A
Verbally, earlier, prior to writing the
21 African-American workers or black workers?
22 letter.
BLOCKBUSTER.transcript.gonzalesl
22
A
No.
Pages 77 - 80
Page 81
1
Q
Did Thomas allow the black workers to sit
Page 83
1
A
Yes.
2 down when they worked?
2
Q
And you worked at Macy's, right, before you
3
A
Yes.
3 went to Blockbuster?
4
Q
With respect to the complaint that the
4
A
Yes.
5 managers wouldn't let the Latinos sit down when they
5
Q
And what types of jobs did you do at Target
6 worked, did you tell Cinnie Brown about that
6 and Macy's?
7 complaint?
7
8
A
I did tell Cinnie Brown.
8 Macy's I would put clothes back.
9
Q
Did you ever ask Thomas why he would let the
9
A
Q
In Target I worked in the stock room. In
If you would go down to the next paragraph,
10 African-American workers sit down but not let the
10 can you read that first sentence there for me that
11 Latino workers sit down?
11 begins, "Finalmente."
12
A
Yes.
12
13
Q
And what did he respond?
13 harassment that I was a victim of on several different
14
A
Because he wanted to.
14 occasions by Mr. Thomas Smith when he would say to me
15
Q
That was his response, that he wanted to?
15 that the only way I could keep my job would be by
16
A
Because -- yes, he wouldn't let us sit down,
16 doing favors for him when he talked to me about sex
A
"Lastly, I want to denounce the sexual
17 because he didn't want us to.
17 and obscene things and about the size of his penis."
18
18
Q
And did he say why he didn't want you to sit
19 down?
Q
When did Mr. Thomas first speak to you about
19 sex?
20
A
No.
20
21
Q
Did you ever ask Thomas why he shouted at
21 when the first time first.
22 the Latinos but did not shout at the African-American
A
22
I don't exactly know. I'm not sure exactly
(Discussion was held off the record.)
Page 82
Page 84
1 workers?
1 BY MS. SPEIGHTS:
2
A
No.
2
3
Q
Ms. Gonzales, if you would look back at
3 referring to?
Q
When you referred to Mr. Smith, who were you
4 Exhibit 2, at Page EEOC 00270, and if you'll go down
4
A
To Thomas.
5 to the paragraph -- it looks like it's the fourth
5
Q
And this is the same Thomas -- when you were
6 paragraph, the sentence that begins, "Desde que
6 referring to "Smith," you're actually referring to the
7 llegue." Do you see that? Could you read that first
7 same Thomas that we've been talking about throughout
8 sentence for me?
8 this deposition, correct?
9
9
A
Yes, I am.
10 never been at a work center where rights of employees 10
Q
Was Thomas' last name, to your knowledge,
A
"Ever since I came to this country, I've
11 are constantly violated to the extreme that nobody can
11 Johnson?
12 speak."
12
A
No. I knew that it was Thomas Smith.
13
13
Q
You knew him as Thomas Smith?
14 other work centers had you worked in?
14
A
By Taj, Taja Smith, something like that.
15
15 Taj Smith.
Q
A
Prior to being assigned to Blockbuster, what
As I said a while ago, Panera Bread, Mimi
16 Maternity. No, excuse me. Panera Bread, Target,
16
17 Macy's.
17 BY MS. SPEIGHTS:
18
18
Q
Did you work at Panera Bread before coming
MR. PHILLIPS: T-A-J.
Q
And Taj or Thomas Smith was your supervisor
19 to Blockbuster?
19 while you were at Blockbuster?
20
A
Yes.
20
A
Yes.
21
Q
And you worked at Target before coming to
21
Q
And he was known as the group leader?
22
A
Yes, mm-hmm.
22 Blockbuster?
BLOCKBUSTER.transcript.gonzalesl
Pages 81 - 84
Page 85
1
Q
I'm going to refer to him as "Thomas" if
Page 87
1
A
She works there at the EEOC.
2 that is okay.
2
Q
And when did you first talk to Ms. Navarro?
3
3
A
I don't remember very well.
4 you about sex?
What did Thomas say to you when he spoke to
4
Q
Can you give me an approximation of how soon
5
5 after sending Exhibit 2 to the EEOC you talked with
A
He talked about the women he had been with,
6 and then one time, the first time he saw me, he
6 her?
7 said -- the first time he said -- one time he said
7
8 that the first time he saw me, he wanted to have sex
8 month later.
9 with me.
9
10
Q
Can you give me any idea as to what month he
10
A
It could have been two weeks or perhaps a
MR. PHILLIPS: Grace, can we go off the
record for a second.
11 said those things to you?
11
(Discussion was held off the record.)
12
12
(Whereupon, a short recess was taken.)
A
It could be -- I'm not sure. The truth is,
13 I'm not sure.
13 BY MS. SPEIGHTS:
14
Q
How often did Thomas talk to you about sex?
14
15
A
Frequently.
15 the meeting that you had with Ms. Brown and the
16
Q
I think you also mentioned that he talked
16 Blockbuster employee?
17 about the size of his penis; is that correct?
17
18
A
Yes.
18
19
Q
When did he mention that to you?
19
20
A
I don't know when. I couldn't tell you an
Q
20
21 exact date.
21
22
A
Ms. Gonzales, did you take any notes during
No.
MS. SPEIGHTS: I'm going to ask the court
reporter to mark this document as Exhibit 3.
(Exhibit 3 was marked for identification and
22
Q
When you complained to Lincoln, did you
attached to the deposition transcript.)
Page 86
Page 88
1 complain to him about Thomas' comments about sex or
1 BY MS. SPEIGHTS:
2 the size of his penis?
2
3
A
I don't remember.
3 marked as Exhibit 3, is this the Charge of
4
Q
Did you complain to Cinnie Brown about
4 Discrimination that you filed with the Maryland
Q
Ms. Gonzales, I'm showing you what has been
5 Thomas' comments about sex or the size of his penis?
5 Commission on Human Rights?
6
A
I don't remember.
6
A
Yes.
7
Q
In the meeting that you had with Cinnie
7
Q
And did you also file this charge with the
8 Brown and somebody from Blockbuster, did you tell them 8 EEOC?
9 that Thomas spoke to you about sex and the size of his
A
I don't think so.
10
10 penis?
9
Q
You just filed it with the Maryland
11
A
I don't remember.
11 Commission On Human Rights?
12
Q
After faxing in Exhibit 2 to the EEOC, did
12
MR. PHILLIPS: I'll object, as the document
13 you talk with anyone at the EEOC -- other than
13
14 counsel, obviously -- about Exhibit 2?
14
15
A
Yes.
15
does speak for itself. The document says it's
16
Q
Okay. Who was the first person that you
16
Maryland Commission On Human Rights. It has her
17 talked with at the EEOC about Exhibit 2 after sending
17
signature. The document doesn't say if it was
18 it in to them?
18
filed or not.
19
A
With Julie Navarro.
19
20
Q
And who is Julie Navarro?
20
21
A
Judy, Judy Navarro.
21 BY MS. SPEIGHTS:
22
Q
And who was Judy Navarro?
22
BLOCKBUSTER.transcript.gonzalesl
is speaking for itself.
MS. SPEIGHTS: I don't think the document
THE WITNESS: Up here it has an "X" checked
at EEOC.
Q
All right, and my question is: Did you
Pages 85 - 88
Page 89
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
submit or file this with the EEOC?
A No, I don't believe so.
Q Did you ever file a charge with the EEOC?
MR. PHILLIPS: Same objection. No
foundation.
Please answer.
THE WITNESS: Yes.
BY MS. SPEIGHTS:
Q Do you recognize Exhibit 3?
A Yes, I do.
Q What is Exhibit 3?
A I don't know.
Q You've seen this before, but you don't know
what it is; is that your testimony?
A Yes, but I thought that this was, belonged
to the -- it was the EEOC's.
Q Did you prepare this document?
A No.
Q Did you sign this document?
A Yes.
Q Do you know who prepared this document?
A No.
Page 91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
BY MS. SPEIGHTS:
Q All right, and did you review this document
before signing it?
A Yes.
Q All right, and when did you send in the
letter?
A I don't remember.
Q And have you provided -- do you still have a
copy of the letter?
A No, because -- no, I don't.
Q And was this prepared from a letter that you
sent to an agency in Maryland?
A Yes.
Q And that's an agency that's different from
the EEOC?
A I don't know, because it's checked here
"EEOC." I just looked in the Yellow Pages to find a
place where I could file a discrimination complaint.
Q And what happened to the letter that you
prepared to send in?
A I sent it in. I just sent it in.
Q Did you keep a copy of it?
Page 90
1
Q
How is it that you came to sign this
Page 92
1
A
No, because I didn't do anything else,
2 document?
2 anything else with that agency. Then after that I
3
3 went to the EEOC.
A
I don't remember. It was two years ago. I
4 don't remember.
4
5
5 was it handwritten or typed?
Q
So it's your testimony that this document
Q
The letter that you sent in to that agency,
6 has your signature, but you don't remember how you
6
A
I don't remember.
7 signed it?
7
Q
Did you provide a copy of the letter that
8
A
I don't remember.
8 you sent to the agency to the EEOC?
9
Q
Well, read over this document for me, to
9
A
No.
10 yourself.
10
Q
Does this document that's Exhibit 3
11
11 accurately reflect what was in the letter that you
A
If I'm not mistaken, this is something I
12 filed to an agency in Maryland.
12 sent to the agency?
13
13
A
Yes.
14
Q
Did you read this document before you signed
16
A
As I said before, yes.
17 BY MS. SPEIGHTS:
17
Q
Did you understand it when you signed this
18
18 document?
14
THE INTERPRETER: Can I ask for a
clarification?
15
16
19
20
THE WITNESS: That's it, and then afterwards
I went to the EEOC.
Q
Did you prepare this document?
MR. PHILLIPS: Objection; asked and
answered.
21
THE WITNESS: I think in a letter, and I
22
believe the people at the agency made this.
BLOCKBUSTER.transcript.gonzalesl
15 it?
19
A
Yes.
20
Q
Okay. I want you to take a look at the
21 fifth line under the section that says, "The
22 particulars are," the line that says, "I always told
Pages 89 - 92
Page 93
Page 95
1 Mr. Smith I was not interested." And then it goes on
1 BY MS. SPEIGHTS:
2 to say, "Mr. Smith insinuated that if I had relations
2
3 with him, he would help my father get more work
3 February 2005 you "complained to Cinnie Brown
4 hours." You see that sentence?
4 regarding the sexual harassment." Is that around the
5
A
Yes.
5 time period when you did, in fact, complain to
6
Q
What's your understanding of the word
6 Ms. Brown, February of 2005?
Q
In this narrative it says that in
7 "insinuated"?
7
A
I think it is.
8
8
Q
The line that begins, "In March 2005, I
A
That he insinuated, like he was giving to
9 understand.
9 submitted a complaint in writing regarding these
10
Q
And what does that mean?
10 issues," is that the complaint in writing that you
11
A
I don't understand.
11 submitted to Ms. Brown that you testified to I guess a
THE INTERPRETER: The interpreter has a
12 little while ago?
12
13
request. I thought that "giving to understand"
13
A
Yes.
14
was in English, at least in my vocabulary. Is it
14
Q
Further down in this narrative it says,
15
not?
15 "Ms. Brown stated she would fix the problems, but
16
MR. PHILLIPS: Yes.
16 nothing ever happened." Then it goes on to say, "The
17
THE INTERPRETER: I just wanted to check to
17 retaliatory treatment only got worse." Do you see
18
see if I wasn't mistranslating. I'm sorry.
19
20
THE WITNESS: It's clear that somebody does
things that makes you think of those things.
19
A
Yes.
20
does she mean by "giving to understand."
21
22
18 that?
MS. SPEIGHTS: But I'm still asking her what
Q
How did the retaliatory treatment get worse?
21
A
Because Latinos were accused of stealing
22 DVDs, and then also the same thing. If we wanted to
Page 94
Page 96
1 BY MS. SPEIGHTS:
1 sit down, we couldn't. The black employees, they
2
2 could sing and dance and sit down. We couldn't. And
Q
And what did Mr. Smith do to make you think
3 that if you had relations with him, he would help your
3 then they would come in late, and they wouldn't say
4 father get more work hours?
4 anything to them, but they would say stuff to us. And
5
5 then if they wanted to take breaks, they could, but we
A
Okay. One day I was at the computer, doing
6 the work that I always do, and he had -- he was
6 couldn't take breaks, like short breaks, for example,
7 sitting, he had sat right opposite me, and he sort of
7 smoking a cigarette.
8 signaled to my father and said, "I don't believe he's
8
9 going to continue here." And I didn't say anything to
9 hour, we would have a half hour, just barely, and come
And then also at lunchtime there's a half
10 him, but he said that, "If you want him to stay,
10 back exactly, but the black employees, they wouldn't
11 you're going to have to do favors for me."
11 check them. They would come down and write down as if
12
12 they had come back in a half hour.
Q
It's your testimony that Mr. Smith said that
13 to you?
13
14
A
Yes.
14 and then she left and didn't come back until 5:00, and
15
Q
Would you agree with me that that's more
15 she punched in as if she had been there all day, and
And one day Takara came in at 8:00 to work,
16 than insinuating?
16 they paid her for the entire day.
17
17
Q
Which Latinos were accused of stealing DVDs?
18
A
Me, Elizabeth, Sergio, and, if I'm not
18
19
20
21
A
Yes.
MR. PHILLIPS: Objection; argumentative,
misleading.
MS. SPEIGHTS: It's not argumentative or
misleading.
22
BLOCKBUSTER.transcript.gonzalesl
19 mistaken, Milagros, but I'm not sure.
20
Q
And who accused you, Elizabeth, Sergio and
21 maybe Milagros of stealing DVDs?
22
A
The managers.
Pages 93 - 96
Page 97
Page 99
1
Q
Which managers?
1
Q
And did you fill this questionnaire out?
2
A
Lincoln and -- what did you say his name
2
A
Yes.
3 was? Thomas or Smith? I don't know how you decided
3
Q
At the bottom of Page 1, letter J, it asks
4 to call him.
4 for the name of a person who can always be contacted,
5
Q
I think we said we'd call him Thomas.
5 and it lists "Victor Hugo Zubiate." Do you see that?
6
A
Oh, okay.
6
A
Yes.
7
Q
What did Lincoln or Thomas say about the
7
Q
Is that the uncle that we talked about
8 DVDs?
9
A
8 earlier today?
9
A
Yes.
10 in two white people. There were two white people that
10
Q
If you could look at Page 00246, number 3,
11 worked there. They called them into the office. I
11 can you read for us what you wrote in in response to
12 don't know what for. Then they called in the
12 number 3.
13 African-American ones who came in, too. Oh, I'm
13
14 sorry.
14 termination, monitoring and coming in to work,
15
One day they had a meeting and they called
THE INTERPRETER: The interpreter
A
"Hostility on the job, threat of
15 monitoring with a clock at my work, speaking about my
16
misinterpreted. The prior one was "they called
16 honesty and, when DVDs disappear, humiliation from
17
in the Africans, too," and then the witness went
17 mistreatment, sexual harassment, cancellation of
18
on to say "then they called the African-Americans
18 promotion by Blockbuster, and at a meeting it was
19
in."
19 stated that I would not be temporary personnel."
20
THE WITNESS: And they never called in the
20
Q
What are you referring to in that last
21
Latinos. And then an African lady who works
21 statement, "at a meeting it was stated that I would
22
there whose name is Blythe called me and said
22 not be temporary personnel"?
Page 98
Page 100
1
that she wanted to talk to me, that she didn't
1
2
have any problem with me, but that the managers
2 Mr. Lincoln called me to the office and said to me --
3
had asked them whether we were stealing DVDs and 3 and said that I was going to be the first one to be
4
that they should be checking us out.
A
One day I was called into the office, and
4 hired by Blockbuster.
5 BY MS. SPEIGHTS:
5
Q
When was that conversation with Lincoln?
6
6
A
I believe in January or February.
7 result of this accusation that you were stealing DVDs?
7
Q
Did you have any other discussions with
8
A
I don't recall.
8 anyone at the warehouse about becoming an employee of
9
Q
Was anyone punished -- were any Latinos
9 Blockbuster?
Q
And did anything happen to any Latinos as a
10 punished for stealing DVDs afterwards?
10
A
I told my mother everything.
11
11
Q
Did you talk with anyone who worked with
A
12
Not that I'm aware of.
MS. SPEIGHTS: I'd ask the court reporter to
12 Blockbuster about becoming an employee of Blockbuster?
13
mark the next document as Lolita Gonzales
13
A
No.
14
Exhibit 4.
14
Q
Is your father still employed at
15
16
(Exhibit 4 was marked for identification and
attached to the deposition transcript.)
15 Blockbuster?
16
A
17 BY MS. SPEIGHTS:
17
Q
Was he ever employed at Blockbuster?
18
18
A
No. He was at Express.
19 marked as Exhibit 4. Do you recognize this document? 19
Q
He never became a Blockbuster employee after
Q
Ms. Gonzales, I've shown you what's been
No.
20
A
Yes.
20 the Express contract ended?
21
Q
What is this document?
21
A
No.
22
A
An EEOC questionnaire.
22
Q
If you'll turn the page to number -- look at
BLOCKBUSTER.transcript.gonzalesl
Pages 97 - 100
Page 101
Page 103
1 question 7 on the next page, and that refers to a
1 And he would take quite a long time to do his work,
2 separate sheet. Ask you to turn to Page 00248.
2 but they wouldn't say anything at all to him about the
3 Ms. Gonzales, these are the names of individuals who
3 delay.
4 were working in the warehouse who you believe were
4
Q
And how was AJ treated better than you?
5 treated better than you were; is that correct?
5
A
He would take a long time to put back the
6
A
Yes.
6 movies, or he wouldn't pick them up, and he wasn't
7
Q
I believe we've talked about Takara, so I
7 told anything. Nobody said anything to him about it.
8 want to focus on Monique for a little while. How was
8
Q
And how was Kevin treated better than you?
9 Monique treated better than you?
9
A
Kevin, Colin and Chad, the same thing. They
10
A
Monique is one of the ones that did the job
10 didn't take a long time, but they didn't shout at
11 that I was describing before, the job that three
11 them. They wouldn't say anything to them. It was
12 people would do.
12 almost as if they weren't there. They didn't -- they
13
Q
How was she treated better than you?
13 didn't get involved with them.
14
A
As I said before, they didn't monitor her
14
15 time.
16
Q
A
What about Colin? How was Collin treated
15 better than you?
And Fernando, how was he treated better than
17 you?
18
Q
16
A
That's what I just said, that they -- that's
17 what I just said. The three of them, they didn't say
They would let him sit down. He would come
18 anything to them. It was almost as if they weren't
19 in smelling like alcohol or drunk or like marijuana,
19 there. They wouldn't confront them about anything.
20 and they didn't say anything to him.
20
21
21 that you believe they should have been confronted
Q
And what about -- is it Asamanu? How was
22 Asamanu treated better than you?
Q
Well, what would Kevin, Colin and Chad do
22 about?
Page 102
Page 104
I don't remember about her.
1
Q
What about Emetem?
2
THE WITNESS: I'm not saying that they
A
She's Blythe.
3
should have confronted them. I'm just saying
4
Q
And how was Blythe treated better than you?
4
they didn't yell at them. They just never said
5
A
Because she was also someone who they let
5
anything to them.
1
A
2
3
MR. PHILLIPS: Objection; assumes facts.
6 sit down, and she received quite a bit of preferential
6 BY MS. SPEIGHTS:
7 treatment with regard to breaks.
7
8
Q
And how was Shon treated better than you?
8 than you?
9
A
He would come in late, and they wouldn't say
9
Q
A
And Say Win; how was Say Win treated better
She was always sitting, and then, when her
10 anything. And he would work real slowly, and they
10 husband would come into the warehouse, they wouldn't
11 didn't say anything to him either.
11 say anything. And then she would take a long time to
12
Q
And how was Jazmin treated better than you?
12 put back the DVDs, and they wouldn't say anything to
13
A
Jazmin and Afisiata, the two of them, and
13 her, nor would they shout at her.
14 Athem, they didn't shout at them, they'd let them sit
14
Q
Did you get along with Say Win?
15 down and they could be talking the whole time, and
15
A
Just normal, like coworkers.
16 they'd never say anything to them.
16
Q
Did you consider her to be a friend?
17
17
A
No. They're just workers. I never told
Q
What about Basheem? How was Basheem treated
18 better than you?
18 them my problems.
19
19
A
He was the one who would be singing all the
Q
If you'll turn to the next page -- well, so
20 time, sitting down. They said that you couldn't bring
20 the record is clear, let's turn to Page 00247. In
21 your bag into the workplace, but he did, and he would
21 question 9, there -- in response to question 9, there
22 be talking, engaging in conversation all the time.
22 is a reference to Mike Smith. Who was Mike Smith?
BLOCKBUSTER.transcript.gonzalesl
Pages 101 - 104
Page 105
Page 107
1
A
A white manager.
1
(Interpreter reinterprets the question.)
2
Q
Is he a white manager at the warehouse?
2
THE WITNESS: No.
3
A
Yes.
3
4
Q
And how did Mr. Smith discriminate against
4
(Exhibit 5 was marked for identification and
attached to the deposition transcript.)
5 you? Mike Smith, that is.
5 BY MS. SPEIGHTS:
6
A
I never said that he did.
6
7
Q
Well, could you read question number 9 for
7 before?
A
Ms. Gonzales, have you ever seen Exhibit 5
8
"Name of staff and their work title, race,
A
Yes.
9
8 me?
9
Q
Q
And what is your understanding of what
10 color, sex, and approximate age of the representatives
10 Exhibit 5 is?
11 of the employer, such as foreman and supervisors or
11
A
The Complaint.
12 managers, who recommended and approved the decision
12
Q
Ms. Gonzales, I just want to refer you to --
13 that had a discriminatory effect against you."
13 ask you to look at Page 3, Paragraph 9.
14
14
A
Okay.
15 recommend that had a discriminatory effect against
15
Q
And the first sentence in Paragraph 9 says,
16 you?
16 "The sexual, retaliatory and race/national origin
Q
What decision did Mike Smith approve or
17
MR. PHILLIPS: Objection.
17 harassment and other discriminatory terms and
18
You can answer.
18 conditions of employment that Defendant perpetrated
19
THE WITNESS: He never said anything.
19 against Lolita Gonzales include, but are not limited
20 BY MS. SPEIGHTS:
20 to, the following."
21
21
Q
Why did you list Mr. Mike Smith in response
22
22 to question 9?
Do you see that sentence?
A
Yes.
Page 106
1
A
When I said he didn't say anything, I meant
Page 108
1
Q
Okay. I want to ask you about the phrase
2 that he, he allowed the abuse to go on by not saying
2 "searching her personal property." Do you see that?
3 anything.
3
A
Yes.
4
4
Q
Who searched your personal property?
5 to go on?
5
A
Mr. Thomas.
6
MR. PHILLIPS: Objection; foundation.
6
Q
When did he search your personal property?
7
Answer, please.
7
A
After -- before going home. In other words,
8
THE WITNESS: The shouting, not letting us
8 before I left the warehouse.
9
10
Q
And what abuse did Mr. Smith see and allow
sit down, all the different things that I had
mentioned earlier.
9
Q
And how often would he search your personal
10 property?
11 BY MS. SPEIGHTS:
11
12
12 maybe every other day.
Q
Did you ever have any conversations with
A
After the charges of the DVD, he would do it
13 Mike Smith about all the things that you mentioned
13
Q
And what personal property would he search?
14 earlier?
14
A
The bag that I would have my food in, that I
15
A
No.
15 carried my food in.
16
Q
Did you ever complain to Mike Smith about
16
Q
Did Thomas search the personal property of
17 any of the things that you mentioned earlier?
17 other employees at the warehouse?
18
No.
18
A
No. Just the Latinos.
THE INTERPRETER: I'm sorry. Did you say
19
Q
There's also a reference to, the next line
19
A
20
about "any" of the things that you mentioned
20 down, "inappropriately standing in close proximity to
21
before or all of --
21 her," which is a reference back to Lolita Gonzales.
22
MS. SPEIGHTS: Any.
BLOCKBUSTER.transcript.gonzalesl
22 Who would inappropriately stand in close proximity to
Pages 105 - 108
Page 109
1 you?
Page 111
1
MS. SPEIGHTS: Yes.
Mr. Thomas.
2
MR. PHILLIPS: Okay.
2
A
3
Q
And when did he do that?
3
MS. SPEIGHTS: Is she on that list?
4
A
When I would be working, he would put his
4
THE INTERPRETER: She's saying "Asamanu."
5 face right up next to my face, right here.
5 BY MS. SPEIGHTS:
6
6
Q
That's Sara?
7 standing too close to you?
7
A
Yes.
8
A
Yes. I would also move away from him.
8
Q
Ms. Gonzales, you mentioned, I guess, the
9
Q
And when you told him that he was standing
9 meeting that you had with Cinnie Brown and someone
Q
Did you ever tell Mr. Thomas that he was
10 too close to you, did he say anything in response?
10 from Blockbuster. Do you remember if that person's
11
A
No.
11 name from Blockbuster was Barry Francis?
12
Q
Did you ever complain to anyone at Express
12
A
I believe that it is. He is a black person
13 or Blockbuster about him inappropriately standing too
13 who doesn't have a lot of hair and wears glasses.
14 close to you?
14
15
A
I don't recall.
15 Blockbuster more than once?
16
Q
There's a reference to "touching other
16
A
No.
17 women" -- it's the next line -- "in intimate body
17
Q
So just one time?
18 areas while in her presence." Who touched women in
18
A
Yes.
19 intimate body areas while you were present?
19
Q
Can you tell me what generally was talked
20
A
Mr. Thomas.
20 about during that interview?
21
Q
And which women did he touch
21
22 inappropriately?
Q
A
And did you meet with that person from
He wanted to know how things were going in
22 the warehouse and what complaints we had about the
Page 110
Page 112
1
A
Sara and Takara.
1 managers.
2
Q
And which parts of their body would he
2
Q
Did you talk about what you liked about your
3 job at the warehouse during that meeting?
3 touch?
He would put his hands between Sara's legs,
4
A
Perhaps I did. I don't recall.
5 and he would stand right behind Takara and start to
5
Q
Was there anything that you liked about
6 touch her breasts, but also he would brush up against
6 working at the warehouse?
7 her behind with his penis.
7
A
At first there was.
8
8
Q
Well, what did you like about working at the
4
A
Q
Did you ever complain to anyone at
9 Blockbuster or Express about Mr. Thomas' touching Sara
9 warehouse?
10 or Takara?
10
11
11 that time Lincoln Barrett was the only manager there,
A
I believe I told the gentleman from
A
The schedule and the manager, because at
12 Blockbuster when I met with Cinnie Brown.
12 and he had a different way of dealing with us. He was
13
13 much better, and then later Thomas came in. And I
Q
Do you recall when Mr. Thomas would touch
14 Sara and Takara?
14 also liked the work, the work itself.
15
15
A
16
It must have been in April or May.
(Discussion was held off the record.)
Q
When you first started working at the
16 warehouse, did you like working with Lincoln?
17 BY MS. SPEIGHTS:
17
A
Yes.
18
18
Q
Why did you like working with Lincoln?
19 person we talked about a few minutes ago on Exhibit 4?
19
A
Because he, he didn't -- he wouldn't be
20 I just want to make sure we're talking about the
20 monitoring us, and he had consideration, regard for us
21 same . . .
21 at first, until Thomas arrived.
22
22
Q
So her name is Sara, and that's the same
MR. PHILLIPS: Page 248?
BLOCKBUSTER.transcript.gonzalesl
MR. PHILLIPS: I don't want to interrupt
Pages 109 - 112
Page 113
Page 115
1
this line of questioning, but we've been going a
1
Q
Okay. Did you tell them about Taj putting
2
little over an hour, so whenever you're ready for
2 his -- I think you said his face close to yours?
3
a break.
3
A
As I said before, I don't remember much
4
MS. SPEIGHTS: We can break right now.
4 about the meeting.
5
MR. PHILLIPS: Okay, fair enough.
5
6
(Whereupon, a short recess was taken.)
6 were being discriminated against because of their race
Q
Did you tell them that you felt that Latinos
7 BY MS. SPEIGHTS:
7 or their national origin?
8
8
A
I don't remember.
9
Q
Did they ask you if you believed that
Q
During the meeting with Ms. Brown and the
9 Blockbuster employee, did they ask you what things you
10 did not like about your managers?
10 everyone at the warehouse was being treated equally?
11
A
I believe they did.
11
A
I don't remember very well.
12
Q
And what did you tell them?
12
Q
Did you have any discussions with them about
13
A
I believe I told them they yelled at us and
13 training to use the computer?
14 they didn't let us sit down, and then I don't remember
14
A
For me?
15 what else. I believe I told them that I would be
15
Q
For any employees at the warehouse.
16 asked out by Mr. Thomas.
16
A
I don't remember.
17
17
Q
Did you tell them that people who had been
Q
Did they ask you about any inappropriate
18 sexual behavior or anything by the managers?
18 there a long time were not trained to use the
19
A
Yes.
19 computers but that new employees were being trained to
20
Q
And what did you tell them?
20 use computers?
21
A
I don't remember whether I told them the
21
22 stuff about Sara, that she was touched.
A
I did say that, but I don't remember if I
22 said it to them or to Lincoln.
Page 114
Page 116
1
Q
Do you remember what you did tell them?
1
2
A
No.
2 sent home because there was no work at the warehouse?
3
Q
Did you tell them that Taj or Thomas had
3
A
I don't remember.
4 requested dates from you?
4
Q
Did you tell them about Kofi Tutu's
5
A
I believe I did.
5 questions, asking you about your period or shaving
6
Q
Did you tell them that he had requested
6 your legs?
Q
Did you tell them that people were being
7 dates from you a lot?
7
A
I don't remember.
8
A
I believe I did. I don't remember.
8
Q
Did you tell them that Taj or Kofi monitored
9
Q
Did you tell them that Taj told you that he
9 your work more closely than others?
10 wanted to make love to you?
10
11
A
I don't remember.
11 it was to them or to Lincoln.
12
Q
Did you tell them about Taj's remarks about
12
A
Q
I did complain, but I don't remember whether
Did you tell them that Taj treated blacks
13 his penis?
13 more favorably than Hispanic employees?
14
A
No, I don't remember.
14
A
I don't remember, but I did tell Lincoln.
15
Q
Did you tell them that Taj told you that if
15
Q
Ms. Gonzales, when you worked at the
16 you did favors for him, your father might get more
16 Blockbuster warehouse, did you know about an ethics
17 hours?
17 hotline?
18
A
I don't remember. I don't remember the
18
A
No.
19 meeting much.
19
Q
I know you mentioned that you sent a letter
20
20 to Cinnie Brown about your complaints. Did you ever
Q
Did you tell them about Taj's comments about
21 sex that he had with other women?
21 send anything in writing to anyone at Blockbuster
22
22 about your complaints?
A
No, I don't remember much about the meeting.
BLOCKBUSTER.transcript.gonzalesl
Pages 113 - 116
Page 117
1
A
2
No.
Page 119
1 that she had been sent home. They didn't explain to
(Discussion was held off the record.)
2 her why, that she had simply been sent home.
3 BY MS. SPEIGHTS:
3
4
4 and then he would wear T-shirts that had that symbol,
Q
Ms. Gonzales, sitting here today, are there
And then he would say that Jesus was black,
5 any other things that happened to you while you were
5 that Black Power symbol, I think. And also he once
6 at the warehouse at Blockbuster, other than what we've
6 said he's going to get rid of -- when these new,
7 talked about, that you felt, you know, were
7 mostly black employees came in, he said, "I'm going to
8 discriminatory in any way?
8 get rid of these damn people," referring to the
9
9 Latinos, when the new black employees came in.
MR. PHILLIPS: Objection; vague, compound.
10
You can answer.
10
And he would accuse me of sabotaging other
11
THE WITNESS: Yes.
11 people's work. One day he started to shout at me and
12 BY MS. SPEIGHTS:
12 saying that I had found broken DVDs and put them in,
13
Q
And what are those?
13 saying that I was sabotaging other people's work, and
14
A
Okay. Once I was working on a Saturday, and
14 he started to shout at me, telling me to go home, and
15 I asked Lincoln whether my daughter could wait inside
15 I told him I wouldn't, that I wasn't leaving. And
16 the warehouse for an hour and wait for me, and he said
16 then Lincoln came in and interceded and told him to
17 no, and he said he wouldn't let her, and he said -- on
17 calm down, because he was just screaming and screaming
18 Monday he told everybody that nobody can wait, that it
18 at me like a crazy man.
19 wasn't permitted for anybody, any family members,
19
20 anybody from outside the personnel to wait at the
20 couldn't believe that the workers could have made so
21 warehouse. And that was a lie, because Mr. Thomas had
21 many mistakes, so many errors in a single day, and I
22 family members who would walk around for three hours
22 was the person who was checking the DVDs that were
And it all began because he said that he
Page 118
Page 120
1 waiting, and also Say's husband would wait inside and
1 broken. And I asked him, "What do you mean? You're
2 nobody would say anything about it.
2 saying that I'm sabotaging other people's work?" And
3
3 he said, "I just can't believe that there's so many
Another thing. One day that I was not
4 working, I had my day off, I came into the warehouse
4 errors in one day from all the workers," and I asked
5 to talk to my mother. And Mr. Lincoln came out and
5 him, "What are you saying? Are you blaming me?" And
6 told me to leave, because I couldn't be there, and
6 he started to shout at me, saying "get out" and who
7 that was outside of the warehouse, but other people in
7 did I think I was, that he was going to tell
8 the parking lot, other people, like friends of the
8 Mr. Lincoln what was going on.
9 other workers, were allowed to be outside smoking
9
Then Mr. Thomas and me went into the office,
10 cigarettes, having conversations, and they wouldn't
10 and that's when Mr. Lincoln told him to calm down, to
11 ever tell them to leave.
11 stop shouting at me, and he told me to just stay and
12
Q
Anything else?
12 to keep on working. And he was mad and went outside,
13
A
Yes, but let me remember.
13 still screaming.
And then when my aunt worked there, I was
14
Q
Anything else?
15
A
For now that's all I remember.
16 times when my aunt worked there, Mr. Thomas would sit 16
Q
Just a few questions about that. When you
14
15 told by her that Mr. Thomas would -- I saw that at
17 right across from her and stare intently at her to
17 testified about working on Saturday and asking if your
18 watch how she was working, how she would be working I 18 daughter could wait inside, you mentioned or testified
19 saw him staring intensely at her.
19 that Thomas had had family members wait inside before;
20
20 is that right?
On another occasion he came out and said,
21 "I'm tired of this shit," and he called Milagros into
21
22 the office. And after Milagros came out, she said
22 but family members of his did come into the warehouse,
BLOCKBUSTER.transcript.gonzalesl
A
I don't remember if it was before or after,
Pages 117 - 120
Page 121
Page 123
1 and they remained there for quite a long time.
1 did that happen?
2
Q
And these are Mr. Thomas' family members?
2
3
A
Yeah, he said it was his ex-wife and his two
3 Milagros, but I don't remember exactly what day it
A
4 children, I believe.
4 was.
5
5
It was the day that they terminated
Q
All right, and you also mentioned an
Q
Did you ever talk to Milagros about that
6 incident where you had a day off and you were talking
6 day?
7 to your mother in the parking lot, and Mr. Thomas said
7
8 you couldn't talk to her in the parking lot?
8 terminated, because I asked her what had happened then
9
9 and there. That was the last time. And she said she
A
No, that's not what happened. I came to the
A
Just that time, just the day that she was
10 parking lot to speak with my mother, and Mr. Lincoln
10 didn't know why, that she was just told to go home.
11 came out and he told me that I couldn't be there, that
11
12 I should go home, that I couldn't be loitering or
12 another thing that Mr. Thomas would do is he would
13 something like that.
13 bang his hand on the table and say, "Hurry up, hurry
14
14 up."
Q
And you mentioned that there were other
I just remembered, before I forget, that
15 employees or other people whose friends were allowed
15
16 to come in?
16 Mr. Thomas would say Jesus is black and he would wear
17
A
Yes.
17 T-shirts that had a Black Power symbol, correct?
18
Q
What other people?
18
A
Yes.
19
A
Shon's friends, Monique's, Fernando's.
19
Q
When did he make the comment that Jesus is
Q
20 That's what I can remember at this point.
20 black?
21
21
All right. You also testified that
Q
And did their friends visit before or after
A
I don't have an exact date, but we would be
22 the incident with Mr. Lincoln where you wanted to come 22 working, and then all of a sudden -- and he would be
Page 122
Page 124
1 see your mother?
1 saying things, and all of a sudden he came up with
2
A
Before and after.
2 Jesus is black.
3
Q
All right. The incident with Mr. Thomas
3
Q
Did he say it on more than one occasion?
4 staring intensely at your aunt; when did that happen?
4
A
I recall one time.
5
A
My aunt?
5
Q
And when did he wear the T-shirt with the
6
Q
Yes.
6 Black Power symbol?
7
A
It wasn't just one day. It happened
7
A
On several different times he would wear it.
8 repeatedly, every day that she worked there.
8
Q
Do you remember how many times he wore it?
9
Q
How long did she work there?
9
A
Might have been about once a week.
10
A
I believe for a month.
10
Q
Did you ever complain to Ms. Brown or anyone
11
Q
Why did she stop working there?
11 at Blockbuster about the T-shirt?
12
A
She said it was too much stress and that she
12
A
No.
13 couldn't bear it.
13
Q
You also testified that he said "I'm going
14
Q
Okay, and what's your aunt's name?
14 to get rid of these damn people" and that he started
15
A
Lita Zubiate, like the last name of my
15 saying that after the new black employees were hired,
16 uncle.
17
Q
16 correct?
17
A
Yes.
18 talked about?
So she's the wife of the uncle that we
18
Q
And you believe that when he referred to
19
A
No. She's the sister.
19 "these damn people" that he was referring to Latinos;
20
Q
Okay. You also mentioned an incident where
20 is that right?
21 you said Mr. Thomas came out and said "I'm tired of
21
22 this shit" and called Milagros into his office. When
22 people that were working there at the time were
BLOCKBUSTER.transcript.gonzalesl
A
Yes, because the majority or most of the
Pages 121 - 124
Page 125
Page 127
1 Latinos, and we were the ones that he would be
1
A
No.
2 watching over the most.
2
Q
When did she leave?
3
3
A
She began two days before I did or the same
Q
But he didn't specifically say "I'm going to
4 get rid of the Latinos"?
4 day I did, and she left at the end of December. I
5
A
I'm not real sure.
5 believe she left two weeks after Mr. Thomas came in.
6
Q
Okay. Who is Dolores Gonzales?
6
Q
Do you know why she left?
7
A
My mom.
7
A
Mr. Thomas fired her. He terminated her.
8
Q
And did she work at the warehouse?
8
Q
And do you know why Mr. Thomas fired her?
9
A
Yes.
9
A
I don't know. One day she arrived and he
10
Q
And when did she work at the warehouse?
10 took her outside, put her outside and then locked the
11
A
I believe she started in December.
11 door on her, and she said she wanted to talk with
12
Q
And when did she stop working at the
12 Lincoln, with Mr. Lincoln, and he told her no.
13 warehouse?
13
Q
Mr. Thomas told her no?
14
A
The same day as I did, July 1st of 2005.
14
A
Yes.
15
Q
Did Mr. Thomas ever touch your mother, to
15
Q
Have you talked with Ms. Fields since she
16 your knowledge?
16 left Blockbuster in December of 2004?
17
A
Not that I'm aware.
17
A
No.
18
Q
Did he or anyone else at the -- any managers
18
Q
While she was working in the warehouse, did
19 at the warehouse make any sexual comments to her?
19 you ever see anyone touch her?
20
20
A
He, Taj Thomas, he would talk about his
A
Mr. Thomas was always standing behind trying
21 sexual prowess, like the women he had been with, and
21 to touch her. I saw once that he touched her legs or
22 since my mother didn't understand English, I would
22 her behind.
Page 126
Page 128
1 translate for her, and he would do so in front of her.
1
2
2 any sexual comments to her?
Q
Why would you translate those comments for
Q
Did you ever hear any of the managers make
3 your mother?
3
A
He, Mr. Thomas, always asked her out, too.
4
4
Q
Do you know if she ever went out with him?
5 saying?"
5
A
No. She always said no to him.
6
6
Q
Did you ever hear any of the managers make
A
Q
Because she would ask me, "What is he
Did Mr. Thomas or any of the other
7 supervisors at the warehouse make any racial comments 7 any racial comments to her?
8
A
I don't think so.
9
Q
Do you know Fiana Charlton?
10 monitoring of our work, they would do to her, too.
10
A
No.
11
I'm not asking about the close monitoring of
11
Q
Do you know LaQuanta Brinson?
12 the work; I'm asking about comments made to her.
12
A
Yes.
13
A
I don't know. I don't recall.
13
Q
Who is LaQuanta Brinson?
14
Q
Do you know Naema Fields?
14
A
She worked there at the warehouse.
15
A
Yes, I do.
15
Q
When did she start?
16
Q
Who is Naema?
16
A
I don't know, because she first worked at
17
A
A girl who worked there when I started.
17 the warehouse security.
18
Q
How would you describe your relationship
18
8 to her?
9
A
Q
Everything they would do, the close
Q
Was she there when -- was she working at
19 with her?
19 warehouse security when you got to Blockbuster?
20
A
As coworkers.
20
A
Yes.
21
Q
Was she working at the facility when you
21
Q
Was she still working at Blockbuster when
22 were terminated?
BLOCKBUSTER.transcript.gonzalesl
22 you left Blockbuster?
Pages 125 - 128
Page 129
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Page 131
1
2
Q Do you remember when she left?
3
A No.
4
Q Do you know why she left?
5
A One day she was working putting DVDs in
6
envelopes, and she sat down for a little bit, and
7
Mr. Thomas told her to stand up, and she told him no.
8
And then he said, "Stand up," and sort of shouted at
9
her, and then she pushed the seat away to one side,
and so then he said, "Okay, then go home," and she no 10
11
longer came back.
12
Q Is Ms. Brinson black?
13
A I don't know. I don't know. She didn't
14
look completely black. She was a little darker than I
15
am. I don't know if she was a mixture or what.
16
Q Was she Latina?
17
A I don't know.
18
Q Did she speak Spanish?
19
A No.
20
Q Have you talked with Ms. Brinson since she
21
left Blockbuster?
22
A No.
A
No.
you left Blockbuster?
A No.
Q When did she leave?
A I don't know.
Q Do you know why she left?
A No.
Q Have you talked with her since she left?
A No.
Q Did you ever see any managers touch her
while she was at Blockbuster?
A No.
Q Did you ever hear anyone make any sexual
comments to her while she was at Blockbuster?
A Kofi would say that she was his mistress.
Q And would he say that to her or to other
employees?
A Employees.
Q To your knowledge, did Kofi and Michelle
have any type of relationship?
A He claimed. I don't know.
Q Did you ever hear any managers make any
racial comments to her?
Page 130
Page 132
1
A
2 was at Blockbuster?
2
Q
Do you know Emetem?
3
A
No.
3
A
She is Blythe.
4
Q
Did you ever hear any managers make sexual
4
Q
This is the Blythe that we talked about?
5 comments to her while she was at Blockbuster?
5
A
Yes.
6
A
No.
6
Q
Now, when did Blythe work at Blockbuster?
7
Q
Did you ever hear any managers make any type
7
A
She also started about the same time that my
1
Q
Did you ever see anyone touch her while she
No.
8 of racial comments to her?
8 mom started to work there.
9
9
A
10
No.
(Discussion was held off the record.)
Q
And was she still there when you left
10 Blockbuster?
11 BY MS. SPEIGHTS:
11
A
12
Q
Do you know Michelle Despertt?
12
Q
Do you know if she's still there?
13
A
I knew a Michelle, but I don't know her last
13
A
I don't believe she is.
14
Q
Do you know where she is?
14 name.
Yes.
15
Q
And who is the Michelle that you know?
15
A
No.
16
A
A thin black girl.
16
Q
Have you kept in touch with Blythe since you
17
Q
And did she work at the warehouse with you?
17 left Blockbuster?
18
A
Yes.
18
A
No.
19
Q
And do you remember when she started working 19
Q
Did you ever see any managers touch Blythe?
20 at Blockbuster?
20
A
Yes.
21
A
About the time when my mother started.
21
Q
Who?
22
Q
And was Michelle still working there when
22
A
Mr. Thomas would stand up right behind her.
BLOCKBUSTER.transcript.gonzalesl
Pages 129 - 132
Page 133
Page 135
1
A
No. She speaks English.
2 sexual comments to her?
2
Q
Did you ever hear anyone make any type of
3
3 racial comments to her?
1
Q
A
Did you ever hear any manager make any
He, Mr. Thomas, since she, Emetem, had a
4 heavy accent, he would make fun of her and would say
4
A
Yes.
5 that whenever he'd make love to her, she was going to
5
Q
Who made racial comments to her?
6 scream out his name, Taj, with that African accent.
6
A
Mr. Thomas.
7
7
Q
And what did he say to her?
8 racial comments to her?
8
A
The same stuff when he would refer to the
9
A
No, I don't believe so.
9 Latinos, like when he would refer to -- and she said
10
Q
Do you know Elizabeth Ledesma?
10 "darn Latinos," meaning "damn Latinos," and things
11
A
Yes.
11 like that.
12
Q
Who is Elizabeth?
12
13
A
My cousin.
13
using the euphemistic form, to not say it here,
(Whereupon, a short recess was taken.)
14
but she meant that he used the strong, the vulgar
15 BY MS. SPEIGHTS:
15
form.
16
16 BY MS. SPEIGHTS:
Q
14
Q
Did you ever hear any managers make any
I think we were talking about Elizabeth
THE INTERPRETER: For the record, she was
17 Ledesma, and you testified she's your cousin?
17
Q
Where is Elizabeth? Is Elizabeth still in
18
A
Yes.
18 this area?
19
Q
Does she work at the warehouse?
19
A
Yes.
20
A
She no longer does.
20
Q
Do you know where she lives?
21
Q
When did she work at the warehouse?
21
A
I do, but I don't know her address.
22
A
She came in a little after my mom.
22
Q
How often do you talk with her?
Page 134
Page 136
1
Q
And when did she leave?
1
A
2
A
Every day.
She quit when me and my mom were terminated, 2
Q
Did you talk with her about this deposition?
3 but then she came back later, though.
3
A
No.
4
Q
When did she come back?
4
Q
Have you talked with her about this lawsuit
5
A
When Lincoln or Thomas were no longer there.
5 out of the presence of your counsel?
6
Q
Did she come back as a Blockbuster employee?
6
7
A
No. With Express.
7 to be a lawsuit.
8
Q
And do you know when she left?
8
Q
And what did you talk about?
9
A
No.
9
A
Whether sufficient evidence had come in,
10
Q
During the time that you were at
A
Yes, when she found out that there was going
10 because she had received the same letter.
11 Blockbuster, did you ever see anyone touch her?
11
Q
When you say she had received the same
12
A
No.
12 letter, what letter are you referring to?
13
Q
Did you ever hear anyone make sexual
13
MR. PHILLIPS: Objection to the extent it
14 comments to her?
14
calls for privileged information. If the letter
15
15
was from me, I'll instruct the witness to not
16 would say in front of my mother, that his penis was so
16
answer the question.
17 long that if he would take it out and lay it on the
17
18 table, it would hang over the other side.
18
EEOC lawyer, please answer the question.
19
19
THE WITNESS: I shall not answer then.
20 she understand that?
20
MS. SPEIGHTS: Well, just so we're clear,
21
A
For Elizabeth?
21
she can answer whether her cousin received a
22
Q
Yes.
22
letter from you or the EEOC, correct?
A
Q
No. He would say the same things that he
And did you have to translate for her or did
BLOCKBUSTER.transcript.gonzalesl
If the letter is from someone other than the
Pages 133 - 136
Page 145
1
Q
Page 147
1 my daughter had, the night before, had swallowed a
And when did he start working at the
2 warehouse?
2 ring that got stuck in her throat, and I had to take
3
A
In February or March of 2005.
3 her in to the emergency room.
4
Q
And was he still working at the warehouse
4
Q
And what did Lincoln say to you?
5 when you left in July?
5
A
I told him that that was the reason I was
6
A
Yes.
6 late, because I had stayed at the emergency room until
7
Q
Do you know if he still works there?
7 late, and he said that he would give me a warning.
8
A
Yes.
8
9
Q
Have you talked to Victor since you left the
9 managers talked to you about your being late to work?
Q
Is that the only time that any of the
10 warehouse?
10
A
Yes.
11
A
No.
11
Q
Did you have any attendance problems while
12
Q
Did Mr. Ruiz talk about sex while you were
12 you were working at Blockbuster?
13 working at the warehouse?
13
A
No, almost none.
14
A
No.
14
Q
Do you recall how many times you were absent
15
Q
Did you ever hear any managers make any
15 from work during the time you worked for Blockbuster?
16 racial comments or sexual comments to him while he was
16
17 at the warehouse?
17 always justified and I would always call in.
18
A
Mr. Thomas would make fun of him.
18
19
Q
And when you say Mr. Thomas "would make fun
19 being late to work or being absent from work?
20 of him," what would Mr. Thomas do?
20
21
A
Q
21
A
Because he couldn't pronounce English well,
22
22 and also the way he walked.
Perhaps around eight times, but they were
Did Cinnie Brown ever talk to you about
A
No.
MS. SPEIGHTS: I'll have the court reporter
mark this as Exhibit 6.
Page 146
1
Q
Mr. Thomas would make fun of the way he
Page 148
1
(Exhibit 6 was marked for identification and
2 walked, you said?
2
3
A
Yes.
3
attached to the deposition transcript.)
4
Q
How would you describe how Mr. Ruiz walked?
4 BY MS. SPEIGHTS:
5
A
He'd walk very quickly. It was very strange
5
(Discussion was held off the record.)
Q
Ms. Gonzales, showing you what's been marked
6 the way he walked.
6 as Exhibit 6, is that your handwriting on this
7
7 document?
Q
When you said Mr. Thomas would make fun of
8 the way he talked, what would Mr. Thomas say?
8
A
No.
9
A
He would imitate him.
9
Q
You don't recognize the handwriting?
10
Q
Imitate the way he talked?
10
A
No.
11
A
Yes.
11
Q
Do you remember meeting with or filling out
12
Q
During the time that you were assigned to
12 a form for a Blockbuster employee by the name of Scott
13 work at Blockbuster, were you ever late for work?
13 Collin?
14
A
Yes.
14
A
No.
15
Q
About how often were you late for work?
15
Q
Do you ever remember talking to Scott Collin
16
A
I'm not very sure.
16 in or about June of 2005?
17
Q
Did any of the managers at the warehouse
17
A
I don't remember, but this is not my
18 ever talk to you about your being late coming to work?
18 handwriting.
19
A
No, just once.
19
20
Q
And who talked to you?
20 this lawsuit?
21
A
It was once I arrived three minutes late.
21
22 It was Mr. Lincoln who talked to me. It was because
BLOCKBUSTER.transcript.gonzalesl
Q
A
Ms. Gonzales, what are you seeking out of
I want the Blockbuster company to change the
22 way they treat employees. I want them to be fair,
Pages 145 - 148
Page 153
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Page 155
A No.
1
Q And what was the name of the therapist that 2
you saw the one time?
3
A I believe Annette.
4
MS. SPEIGHTS: Okay, just two more things 5
and then I'm done.
6
(Exhibit 7 and Exhibit 8 were marked for
7
identification and attached to the deposition
8
transcript.)
9
BY MS. SPEIGHTS:
10
Q Ms. Gonzales, do you recognize Exhibits 8 11
and 9?
12
A Yes.
13
Q I mean 7 and 8.
14
A Yes.
15
Q And what are they?
16
A It's the "Handbook," it's called, from
17
Express.
18
Q And Exhibit 8; is that your signature on
19
Exhibit 8?
20
A Yes.
21
Q And did you receive copies of this when you 22
of anguish, because he was the general manager and he
didn't seem to believe anything I would say. It just
made me feel a lot of anguish and anxiety.
Q
To your knowledge, did Thomas ever -- strike
that. Sitting here right now, do you recall any other
incidents of things that Thomas did that offended you
other than what you've already said?
A
I believe there are, but right now I don't
remember real well.
Q
To your knowledge, did Thomas ever stare at
your buttocks?
A
My mother told me that he did one time.
Q
Did you believe her when she told you that?
A
Yes, because sometimes he would look at me
with a look of desire.
Q
Did Thomas ever say he wanted to marry you?
A
Yes. He also said so to my mother.
Q
And did you ever hear Thomas make a
reference to "you and your people can go on break"?
A
Yes, yes, he did say that.
Q
And what did you think he meant by "your
people"?
Page 154
Page 156
1 started your employment with Express?
1
2
2 pejorative way.
A
I believe I did.
A
He would say it in a discriminatory,
3
MS. SPEIGHTS: I have no further questions.
3
4
EXAMINATION BY COUNSEL FOR PLAINTIFF
4 said "your people"?
Q
Who did you think he was referencing when he
5 BY MR. PHILLIPS:
5
A
The Latinos.
6
6
Q
And finally, Ms. Gonzales, have you ever
Q
7
Just a few questions to clarify.
Ms. Gonzales, you testified earlier about
7 heard the Spanish word "insinuarse"?
8 various ways that you felt discriminated against or
8
A
Yes.
9 mistreated by Thomas, Mr. Thomas, correct?
9
Q
What does that word mean to you?
A
It's when like -- how can I say it? It's
10
A
Yes.
10
11
Q
At the time that those things were
11 when somebody wants to do something for you and they
12 happening, how did they make you feel?
12 sort of go for it or launch forward. I don't know how
13
13 to explain it, but they insinuate it. They give you
A
They made me feel as if I was a piece of
14 trash, as if I wasn't useful for anything, as if all
14 to understand that they want to have some -- they want
15 the other people were much better than I was. And
15 to do something with you.
16 even though I would do good work, nobody appreciated
16
17 the good work that I did.
17
18
18 BY MS. SPEIGHTS:
Q
And you testified earlier about ways that
MR. PHILLIPS: Pass the witness.
REDIRECT EXAMINATION BY COUNSEL FOR DEFENDANT
19 you felt discriminated against by Lincoln. Can you
19
20 tell me how that made you feel.
20 Blockbuster employee, you didn't tell them that
21
21 Mr. Thomas had stared at your buttocks, correct?
A
It made me feel -- they made me feel as if I
22 were less, as if I was being stepped on. I felt a lot
BLOCKBUSTER.transcript.gonzalesl
22
Q
A
When you met with Ms. Brown and the
No, I don't believe so.
Pages 153 - 156
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