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)

1
1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE DISTRICT OF MARYLAND

3
4

EQUAL EMPLOYMENT OPPORTUNITY :

CIVIL ACTION NO.:

5

COMMISSION,

8:07-CV-02612

6

:

Plaintiff,

:

7

v.

:

8

BLOCKBUSTER, INC.,

:

9

Defendant.

:

10
11

--------------

12
13

Deposition of NI'EMA FIELDS

14

Washington, D.C.

15

Friday, October 24, 2008

16

11:00 a.m.

17
18
19
20

Job No:

1-140563

21

Pages 1 - 84

22

Reported by:

Susan Ingram, RPR

BLOCKBUSTER.transcript.fields

Page 21

Page 23

1

A

No.

1

2

Q

Were you hired over the phone?

2

(Exhibit 2 marked for identification.)

3

A

Yes.

3

I'll give you a moment to look through the

4

Q

Do you remember who you spoke with?

4 document.

5

A

No.

5

6

Q

What position were you hired for?

6 it.

7

A

Warehouse worker.

7

A

8

Q

How long was it between when you got hired

8

Q

Do you recognize this document?

9

A

Yes.

Q

Did you receive a copy of this when you began

9 and when you started your assignment at Blockbuster?

Q

I'm going to hand you --

MR. PHILLIPS: Just to see if you recognize
(Witness examines document.)

10

A

I got, well, the next day.

10

11

Q

And you said you filled out an application

11 your employment with Express?

12 after you were already hired?

12

A

13

A

Yes.

13

Q

What is this document?

14

Q

Did you turn in a résumé?

14

A

The orientation package, what's in the

15

A

I don't think so. I might have -- I'm not

15 orientation package, the little book that they gave us.

16 sure. I don't remember.

16

17

17 numbers. It's about the fifth page back. At the top of

Q

So, tell me how that worked. Did you call

Q

It wasn't like this, but yes.

If you could turn to EEOC 00169, those little

18 into Express or how did the process of getting hired

18 the page, I'd like to direct your attention to the top

19 work?

19 of the page. Have you seen this policy before?

20

A

My brother referred me for the job. He say

21 they was looking for a lot of new workers. So I believe

20

A

I mean, yeah, I read it.

21

Q

Did anyone at all go over this policy with

22 they called me -- I might have sent them my résumé and 22 you when you began your employment?
Page 22

Page 24

1 they called me, and she told me to go in the day before

1

A

No.

2 Thanksgiving. Or was it the day after Thanksgiving? It

2

Q

Was the Blockbuster assignment your only

3 was the day before -- no, the day after Thanksgiving I

3 assignment from Express Personnel?

4 was to start. So I went to work the day after

4

A

Then?

5 Thanksgiving.

5

Q

Yes.

6

6

A

Yes.

7 first day you went in?

7

Q

Did Express Personnel assign you to any other

8

8 assignments after the Blockbuster assignment?

Q
A

Did you have an orientation that day, the
Maybe -- did she come that day? I believe

9 so, yes.

9

A

No.

Q

What were your job duties at the Blockbuster

10

Q

And what was your orientation?

10

11

A

The lady from the agency came to Blockbuster

11 assignment?

12 and we filled out all the paperwork and she gave us the 12

A

Take care of packages. When the DVD movies

13 little package, the Express package.

13 come in, the new movies came in, I checked them in. I

14

14 wiped the DVD movies off in the morning time and then

Q

Do you remember what was in the Express

15 package?

15 put them back on the -- well, we put them -- we put them

16

16 somewhere. We wiped them off and we put the movies to

A

Timecard, um, I mean, I don't know. I really

17 can't say for sure I remember everything that was in

17 another table to check them in.

18 that package because it was years ago. I can't say I

18

Q

Are there any other duties other than those

19 know what was in that package, but I know my timecards 19 that you just described?
20 was in there. But it was some other paperwork, too.

20

A

That's it.

21

Q

Did she go over any policies with you?

21

Q

How much were you paid?

22

A

No.

22

A

Ten dollars an hour.

BLOCKBUSTER.transcript.fields

Pages 21 - 24

Page 25

1

Q

Did you receive a check or direct deposit?

2

A

Direct deposit.

3

Q

What were your work hours when you began?

4

A

We had to be there 6:00 in the morning until

5 we finished.
6

Q

Did you receive any benefits?

7

A

No.

8

Q

And when did your employment with Express

9 end?
10

A

11

Well, after -MR. PHILLIPS: And I'll object to the

12 characterization. Misleading.
13
14

Go ahead and answer the question, please.
A

Well, I worked for this Express after

15 Blockbuster. I didn't work for that Express anymore
16 after Blockbuster.
17

Q

Did you work for another Express?

18

A

Yes.

19

Q

Which Express was that?

20

A

The one in Virginia. It's in Falls Church,

21 Virginia.
22

Q

When did you begin working for the Express in

Page 27

1
A Yes.
2
Q And where was that?
3
A It was at UnitedHealthcare.
4
Q When was that?
5
A I started there in March, March of -- was it
6 '04? I believe March of '04. It was the next year. I
7 believe it was March of '04 or March of '05.
8
Q Where is UnitedHealthcare located?
9
A Rockville, Maryland.
10
Q What did you do there?
11
A Verified dental benefits.
12
Q How much were you paid there?
13
A 11 -- I started out with $11 an hour.
14
Q How long did you work there?
15
A For six, six months.
16
Q What benefits did you receive?
17
A I had dental, vision, medical, and I had
18 401(k).
19
Q Why did you leave UnitedHealthcare?
20
A I was a temp there as well.
21
Q Were you working through a temp agency?
22
A Placement firms.

Page 26

Page 28

1 Falls Church?

1

Q

How did you find out about the placement --

2

A

2007.

2

A

They contacted me.

3

Q

What did you do there?

3

Q

How did they contact you?

4

A

Worked at Inova Hospital as a financial

4

A

My résumé online.

5 coordinator.

5

Q

What service did you use online?

6

Q

What were your duties?

6

A

Well, they found me on Monster.

7

A

Verifying medical benefits.

7

Q

After you left UnitedHealthcare, what was

8

Q

Do you remember what month in 2007 you began?

8 your next position?

9

A

September.

9

A

I worked at Lockheed Martin.

10

Q

Are you still employed by --

10

Q

How long did you work at Lockheed?

11

A

No. By Express, no.

11

A

Almost six months.

12

Q

Why did you leave your assignment at Inova?

12

Q

Were you there through a temp agency also?

13

A

I didn't leave the assignment; the assignment

13

A

Yes.

14 actually ended. They filled all the positions so they

14

Q

Which agency?

15 didn't need the temps anymore.

15

A

Kelly Services.

16

Q

When did the assignment end?

16

Q

What was your job title at Lockheed?

17

A

February of '08.

17

A

Call center rep.

18

Q

Back to your employment at Express Personnel

18

Q

How did you find out about the position?

19 in Maryland.

19

A

They contacted me.

20

A

Uh-huh.

20

Q

Kelly contacted you?

21

Q

After your employment ended, did you find

21

A

Yes.

22

Q

And how did they contact you?

22 another job?

BLOCKBUSTER.transcript.fields

Pages 25 - 28

Page 29

Page 31

1

A

My résumé with CareerBuilder.

1

2

Q

What was the name of your supervisor there?

2 Personnel in Maryland, when did you leave? You said

3

A

At Kelly Services?

3 December 2005 -- or excuse me, December 2004?

4

Q

Yes.

4

5

A

Monique. No, it was Monica McIntyre.

5 remember what year it was, so I don't want to say yeah,

6

Q

Which Kelly Services' office did you find the

6 but it was December of that year.

Q

Okay. So going back to your job at Express

A

Yes, I believe it was 2004. I don't really

7 position through?

7

Q

And why did your assignment with Express end?

8

A

It was in Virginia. I believe Alexandria.

8

A

I was fired.

9

Q

And which Lockheed facility did you work at?

9

Q

How did you find out you were fired?

10

A

Crystal City.

10

A

I got fired in front of the -- in front of

11

Q

You said you were a call center rep; right?

11 everybody.

12

A

Yes.

12

Q

13

Q

What were your duties?

13

A

14

A

I answered the telephone.

14

15

Q

Did you have any other duties?

15

Q

Is that Thomas Johnson?

16

A

We made templates every two weeks.

16

A

Yes.

17

Q

How much were you paid?

17

Q

Why did he say you were fired?

18

A

Sixteen dollars an hour.

18

A

Um, well, he didn't say a reason right then

19

Q

Did you receive any benefits?

19 and there as to why I was fired; he just made a big

20

A

No.

20 scene in front of everyone and went into the office and

21

Q

And why did you leave Kelly

21 called Express.

22 Services/Lockheed?

Who fired you?
Taj.

22

MR. PHILLIPS: For the record, Taj is T-a-j.

Q

What did he say in front of everyone?

Page 30

1

A

2
3

Page 32

They -- Lockheed Martin ended my assignment.

1

Q

Why did they end your assignment?

2 like I wasn't doing my -- wiping the DVDs off correctly.

A

For using -- sending e-mail, a personal

3 Then he brought up the fact that I went to Linc and told

A

He said -- first, he started making it seem

4 e-mail from the work computer.

4 Linc that he was sexually harassing me. And when I went

5

5 to speak up for myself, he just blew up.

Q

And after you left Kelly Services and

6 Lockheed, what was your next position?

6

Q

What did he say?

7

7

A

He was just like, You're out here, you're

A

Nothing. That was it. That was the last

8 job.

8 gone. And I went into the office and he came in there

9

Q

Are you currently employed?

10

A

No.

10 anymore.

11

Q

Are you looking for work?

11

Q

Who witnessed him yelling at you?

12

A

Yes.

12

A

Everybody, everybody in the warehouse. We

13

Q

How are you looking for work? What steps are

13 were all standing at the table wiping the DVD movies

9 and called Express and told me that they didn't need me

14 you taking to find a position?

14 off.

15

15

Q

Do you remember any names?

16 newspaper.

16

A

I remember some names but I can't say I

17

Q

Which newspapers do you look at?

17 remember their first names and last names.

18

A

The Washington Post.

18

19

Q

Do you look at it online or --

19 please?

20

A

No, the actual paper.

20

21

Q

What online services do you use?

21 was a manager. His name was Kevis (phonetic). Then it

22

A

Yahoo!, CareerBuilder, Monster, craigslist.

22 was -- okay, let me see. I can't say no names but

A

I apply for a lot of jobs online and the

BLOCKBUSTER.transcript.fields

Q
A

Could you give me the names you remember,
I remember -- let's see, Taj was there. It

Pages 29 - 32

Page 33

Page 35

1 everybody that worked in the warehouse was there.

1

2

2

Q

How many people would you say witnessed,

A

Uh-huh.
MS. KEILLER: (To the reporter) The spelling

3 approximately?

3 is C-i-n-n-i-e.

4

A

I would say by then, maybe over ten people.

4

5

Q

And then you say Taj went to the office or

5 her?

Q

What did you say to Ms. Brown when you called

6 you went to the office first?

6

7

7 know, what was going on, and I told her what took place

A

I went to the office to use the phone and

A

I told her -- first I called to answer, you

8 then he came in behind me.

8 at Blockbuster, and she told me that she would get back

9

Q

Which office?

9 to me.

10

A

It was only one office.

10

11

Q

Is that the office that Lincoln Barrett was

11 what happens after that? Did you leave the facility?

Q

So after Taj calls Express and fires you,

12 usually in?

12

A

Yeah, I left.

13

A

Yes.

13

Q

When did you call Express to find out what

14

Q

Who did you call when you went into the

14 was going on?

15 office?

15

A

When I got home.

16

A

I was calling my brother.

16

Q

Did Ms. Brown ever call you back?

17

Q

Your brother was not at work that day?

17

A

Yes, I spoke to her.

18

A

He didn't work there anymore.

18

Q

And what did Ms. Brown say?

19

Q

What did you tell your brother?

19

A

I don't know what her exact words were, but I

20

A

I didn't call him. I went to the office to

20 think before I spoke with her, I spoke with Linc first.

21 call my brother but I never made the phone call.

21

Q

Did you call Linc?

22

22

A

Yes, I did.

Q

And then what happened next?
Page 34

Page 36

1

Q

What did you tell Linc?

2 called Express and fired me.

2

A

I told Linc that -- I asked him was I fired.

3

Q

Do you know who he spoke to at Express?

3

Q

And what did he say?

4

A

Whoever answered the telephone.

4

A

He said not to his knowledge and that he

5

Q

Was anyone else in the office besides you and

5 would find out what's going on and he'll call me back.

1

A

That's when Taj came into the office and

6

6 Taj?

Q

And what did you say in response?

7

A

Kevis.

7

A

I said, "Okay."

8

Q

Was Lincoln Barrett present that day?

8

Q

Was that the end of the conversation?

9

A

He wasn't there -- he wasn't there at all

9

A

Yes.

10 during this time.

10

Q

Did Linc ever call you back?

11

Q

When you say "he wasn't there at all" --

11

A

No, I called him back.

12

A

He wasn't in the vicinity of Blockbuster at

12

Q

And what did you say to Linc when you called

13 all during this time.

13 him back?

14

Q

Was he working for Blockbuster?

14

15

A

Yes.

15 that's when he told me that he's going to stand by his

16

Q

Did anyone from Express call you after this

16 manager whether he believes he's right or wrong.

A

I asked him did I still have a job, and

17 incident?

17

Q

And what did you say to that?

18

18

A

I mean, what could I say; I just got fired.

19 sure if they called me, but I know that I called them.

19

Q

And that was the end of the conversation?

20

Q

Who did you speak with?

20

A

That was the end of the conversation.

21

A

I asked for Cindy Brown.

21

Q

And did you talk to Cinnie Brown after that?

22

Q

Would that be Cinnie Brown?

22

A

Yes, I did.

A

Did they call me? Um, let me see. I'm not

BLOCKBUSTER.transcript.fields

Pages 33 - 36

Page 37

Page 39

1

Q

What did you say to Ms. Brown?

1

A

No.

2

A

I told her, "Do you know that" -- I explained

2

Q

Do you know what the position in Columbia

3 everything to her at that point, Do you know what was

3 was?

4 going on at Blockbuster, and I told her that I was

4

A

No.

5 terminated a couple of days after I told Linc what was

5

Q

So, between your termination and your job at

6 going on with Taj, that he fired me.

6 UnitedHealthcare in March of '05, did you have any other

7

Q

And what did Ms. Brown say?

7 work?

8

A

She -- I had already spoken to her about it

8

A

No. No.

9

Q

How did you support yourself?

10 e-mail and e-mail it to her.

10

A

I lived at home with my mother.

11

Q

And did you do that?

11

12

A

Yes, but she said she never received the

12

9 before, so she asked me to write everything down in the

13 e-mail.

(Exhibit 3 marked for identification.)
Q

I'll give you a few moments to look over the

13 document.

14

Q

When did she say that?

14

A

(Witness examines document.)

15

A

Um, probably a couple of days later. I'm not

15

Q

Do you recognize this document?

16 sure but maybe it was -- it was the next day or a couple 16

A

Yes.

17 of days later, one or the other.

17

Q

What is it?

18

Q

Did you e-mail her again?

18

A

It's the complaint against Blockbuster.

19

A

Yes, I kept sending it to her but it kept

19

Q

Do you know what the allegations in the

20 coming back to my computer.

20 complaint are?

21

Q

Did you save a copy of that e-mail?

21

A

Yes, I believe so.

22

A

Not from back then, no.

22

Q

If you could turn to page five, please.

Page 38

1

Q

Did you ever send her via regular mail or

Page 40

1 Could you read the first sentence in paragraph 18,

2 hand her your complaints?

2 please?

3

A

No, I let it go.

3

4

Q

Did you file an EEOC charge after your

4 about September 2005, Defendant, acting through

A

"During the period December 2004 until on or

5 termination?

5 supervisors Thomas A. Johnson, Kofi TuTu, Lincoln

6

A

No.

6 Barrett IV, and other management personnel, subjected a

7

Q

Did anyone suggest to you that you should

7 class of aggrieved female employees at its Gaithersburg,

8 contact the EEOC or the Maryland Commission on Human

8 Maryland warehouse facility to a continuing course of

9 Rights?

9 unwelcome and offensive harassment because of their sex,

10

A

I mean, family members that I told about the

10 female, and conduct protected by Section 704(a), in

11 situation did, but I was young and I needed a job, so I

11 violation of Title VII."

12 didn't assign for that.

12

13

13 allegation?

Q

After your conversation with Cinnie Brown

Q

Is that an accurate reflection of your

14 about the e-mail, did you ever talk to her again?

14

MR. PHILLIPS: Objection, foundation,

15

A

I don't think so.

15 misleading.

16

Q

Did Cinnie offer to find you another

16

Q

Let me ask you --

17 position?

17

18

A

Yes.

18

MR. PHILLIPS: Calls for a legal conclusion.

19

Q

And what did you say?

19 for you.

20

A

The job was too far out. I mean, I didn't

20

Q

Let me ask -- let me rephrase the question
Who do you think sexually harassed you?

21 live nowhere near Columbia.

21

A

I would say Taj.

22

22

Q

Anyone else?

Q

Did she offer you a position anywhere else?

BLOCKBUSTER.transcript.fields

Pages 37 - 40

Page 41

Page 43

1

A

No.

1

Q

And how did he say that?

2

Q

Did anyone touch you?

2

A

I mean, he was pretty straightforward. I

3

A

Taj.

3 mean, "How much would it take?"

4

Q

Where did he touch you?

4

Q

How long did he make sexual comments?

5

A

My -- my behind.

5

A

Almost every day.

6

Q

How often did he touch you on your behind?

6

Q

And when did those comments begin?

7

A

Often. I would say almost every day.

7

A

A week after he was hired.

8

Q

Would he touch you in front of other people?

8

Q

What other sexual comments did he make?

9

A

Yes.

9

A

Those was really the only comments. It was

10

Q

Do you remember who witnessed him touching 10 just the way that he looked at me every day and how he

11 you?
12

A

11 stared at my chest and stuff.
I mean, no. Different people, though. But I

12

Q

When Taj made sexual comments, what did you

13 can't remember names because I remember faces.

13 say back to him?

14

14

Q

When he touched your behind, what was your

A

I mean, I had, like, asked him to stop, but,

15 response?

15 you know, he wouldn't, so I went to Linc.

16

16

Q

Did you tell anyone other than Linc?

17 that it was an accident.

17

A

Yeah, I went home and told the people I live

18

18 with what was going on.

A

I asked him to stop, but he would always say

Q

Did you tell anyone about him touching your

19 behind?

19

Q

Did you tell Cinnie?

20

A

Yes.

20

A

Yes.

21

Q

Who?

21

Q

Did you tell Cinnie before you were

22

A

Linc.

22 terminated?
Page 42

Page 44

1

Q

When did you tell Linc?

1

A

2

A

I told Linc when it first started.

2

Q

And he also made sexual requests?

3

Q

How long had you been working there before

3

A

Yes.

4 Taj touched your behind?

4

Q

What kind of sexual requests, other than

5

5 those that you've already told us about?

A

Well, when I started working there, Taj

Yes.

6 wasn't working there. He started maybe like

6

A

That was it.

7 two-and-a-half weeks later.

7

Q

And when he made these comments to you, where

8

8 were you in the facility?

Q

So after Taj started working there, how long

9 --

9

A

It was different places in the warehouse. It

10

A

A week.

10 didn't just happen at one location in there. I mean, I

11

Q

Did he touch you anywhere else?

11 could be at the machine where we put the movies in. I

12

A

No.

12 could be over there. I could be outside on my break. I

13

Q

Who made sexual comments to you?

13 mean, it was just different places inside the

14

A

Taj.

14 distribution center.

15

Q

What kind of comments did he make?

15

16

A

He said stuff like, "Your mother must look

16 other people?

Q

Did he always make these comments around

17 good because of the way your butt looks."

17

A

Not all the time, no.

18

Q

What other comments did he make?

18

Q

Did he make any other sexual -- did he ask

19

A

Um, like he made, like, sexual gestures over

19 you any questions about sex or sexuality?

20 the money for sex.

20

A

I don't think so.

21

Q

What kind of sexual gestures?

21

Q

Did anyone leer at you?

22

A

He offer me money for sex.

22

A

"Leer"?

BLOCKBUSTER.transcript.fields

Pages 41 - 44

Page 45

Page 47

1

Q

Look at you in a sexual way?

1

Q

What?

2

A

Yes.

2

A

Nothing, really.

3

Q

Taj?

3

Q

Did you tell anyone about him standing too

4

A

Yes.

4 close to you?

5

Q

Anyone else?

5

A

Yes.

6

A

No.

6

Q

Who did you tell?

7

Q

And I realize this may be uncomfortable for

7

A

Linc and Cinnie.

8 you, but where did he look at you?

8

Q

Anyone else?

9

A

My breasts and my butt.

9

A

(Nods negatively.)

10

Q

How did you know he was looking at your butt? 10

Q

Did anyone ever make threats to you?

11

A

Because you can always feel when somebody is 11

A

Um, like, what type of threats?

12 looking at you. All you got to do is turn around.

12

Q

Any type.

13

Q

How often did he look at you that --

13

A

Um, I mean, my job was threatened at one

14

A

Every day.

14 point. That was about it.

15

Q

When did that begin?

15

Q

Who made that threat?

16

A

A week. It was a week after -- it was

16

A

Taj.

17 exactly one week to the day that he was hired.

17

Q

And what did he say?

18

MS. KEILLER: Do you need a break?

18

A

He said that he would fire me.

19

THE WITNESS: Yes.

19

Q

Do you remember when that was?

20

(A brief recess was taken.)

20

A

Maybe, maybe two weeks before I was fired.

Q

Why did he say that to you?

21

Q

Are you ready?

21

22

A

Yes.

22

MR. PHILLIPS: Objection. Foundation.

Page 46

1

Q

Back on the record. While you were working

Page 48

1

You can answer.

2 at Blockbuster, did anybody ever stand too close to you

2

3 inappropriately?

3 said it.

A

Oh, um, I can't remember the term of why he

4

A

Yes.

4

Q

Did you ever have an argument with Taj?

5

Q

Who was that?

5

A

Before the day I got fired?

6

A

Oh, Taj.

6

Q

Yes, before the day you got fired.

7

Q

Anyone else?

7

A

Not an argument, no.

8

A

No.

8

Q

And do you remember the conversation you had

9

Q

And how often did he stand too close to you?

9 with him before he threatened to fire you?

10

A

A lot. On a day-to-day basis.

10

A

No.

11

Q

And when he stood too close to you, what did

11

Q

Did you tell anyone that he threatened to

12 you do?

12 fire you?

13

A

I walked away.

13

A

Yes.

14

Q

Did he follow you?

14

Q

Who did you tell?

15

A

Not really.

15

A

I told Linc about it.

16

Q

Did you say anything to him?

16

Q

Did you tell Cinnie?

17

A

Yes.

17

A

No.

18

Q

What did you say?

18

Q

Did you tell any of your family or friends?

19

A

I told him that he was violating my space.

19

A

I told my friend.

20

Q

And what did he say when you said that to

20

Q

Which friend was that?

21

A

Dwayne.

22

Q

Is that the same Dwayne that you live with

21 him?
22

A

Nothing, really.

BLOCKBUSTER.transcript.fields

Pages 45 - 48

Page 49

1 now?
2

A

3
4

Page 51

1 terminated.

Yes.

2

Q

Can you spell Dwayne?

3 him. Where did you talk to him?

A

D-w-a-y-n-e.

4

A

In the office.

5

Q

Did anyone ever insult you?

5

Q

Was it during your shift?

6

A

Physically?

6

A

Yes.

7

Q

"Insult."

7

Q

Was anyone else present?

8

A

"Insult," sorry.

8

A

No, it was just me and Linc.

9

Q

Did you close the door?

10

A

Yes.

11

Q

What did you say to Linc?

12 while you were working there?

12

A

I told Linc about the comments that were

13

MR. PHILLIPS: Same objection.

13 being made to me, about the constant brushing up against

14

You can answer.

14 me and saying that it was an accident.

9

MR. PHILLIPS: Objection. Vague.

10
11

You can answer.
Q

Did anyone at Blockbuster ever insult you

Q

Let's talk about the first time you talked to

15

A

I wouldn't say insult, no.

15

Q

Anything else?

16

Q

Did anyone ever criticize your work while you

16

A

No.

17 were at Blockbuster?

17

Q

What did Linc say?

18

A

Positively, yes.

18

A

Linc said that he would take care of it.

19

Q

Who was that?

19

Q

When you talked to him, was it at the

20

A

Linc.

20 beginning of the shift or the end of the shift?

21

Q

What did he say?

21

A

It was maybe the middle of the day.

22

A

He always said that I was a good worker, I

22

Q

And after you talked to him, you went back to

Page 50

Page 52

1 was a fast learner, and I was doing a good job.

1 work?

2

Q

Anyone else?

2

A

Yes.

3

A

No, not really.

3

Q

Did the comments or touching cease?

4

Q

Did anyone make negative criticisms of your

4

A

No.

5

Q

Did he tell you how he was going to take care

5 work?
6

A

No.

6 of it?

7

Q

Were you ever sent home during one of your

7

A

No.

8 work shifts?

8

Q

And you said the second time you talked to

9

A

No.

9 him was two days before you got fired?

10

Q

Did you ever lose any work hours while --

10

A

Yes.

11

A

No.

11

Q

What did you tell him then?

12

Q

Are there any other sexual comments that were 12

A

I told him the same thing, that the comments

13 made that you haven't told us about that you can

13 was still going on, the brushing up against me. Then

14 remember?

14 when I go on break, how he kept coming -- purposely

15

A

No.

15 coming by me and stuff. I just reiterated what I told

16

Q

How often did you tell Linc about Taj's

16 him before.

17 statements?

17

Q

And what did Linc say?

18

A

I told him twice.

18

A

Linc said that he would talk to Taj.

19

Q

Do you remember when?

19

Q

And when he said he would talk to Taj, do you

20

A

It was -- the first time I said something to

20 know if he ever talked to him about it?

21 Linc about it was December. The last time I say

21

A

I'm pretty sure he did.

22 something to Linc about it was two days before I was

22

Q

Why are you pretty sure that he talked to

BLOCKBUSTER.transcript.fields

Pages 49 - 52

Page 53

1 Taj?
2

A

1

Because I was terminated two days later by

3 Taj.
4

Q

Page 55

A

No.

2

Q

The second time you talked to Cinnie, how did

3 you speak to her?

Did Taj say that Linc talked to him when he

4

A

Over the phone.

5 terminated you?

5

Q

Did you call her again?

6

6

A

Yes.

7 in front of everybody, so he was making his intentions

7

Q

Do you remember when that was, approximately?

8 noticeable. That's what I'd say.

8

A

No.

9

Q

Do you remember any of the words he used?

9

Q

What did you say the second time?

10

A

I mean, he said -- he did refer to the

10

A

The same thing.

11 conversation that I had with Linc, but he didn't go into

11

Q

Do you remember what her response was?

12 details about the conversation. And the only

12

A

No.

13 conversation I had with Linc was about the sexual

13

Q

Do you remember how that conversation ended?

14 harassment.

14

A

No.

15

Q

How did he refer to the conversation?

15

Q

Did anyone else ever talk to you about your

16

A

He said I was going in the office snitching

16 allegations other than your attorney?

A

Everything Taj said was like rage, and it was

17 on him behind his back, telling Linc things that was

17

A

No.

18 going on.

18

Q

Did you tell anyone else about your

19

19 allegations other than Cinnie and Linc?

Q

How often did you tell Cinnie Brown about --

20 before you were terminated -- about the comments and 20

A

When it was going on?

21 actions by Taj?

21

Q

Yes.

22

22

A

Yes.

A

Maybe a couple of times. Um, I can't say it
Page 54

Page 56

1 was once a week or twice a week, but I know I spoke with

1

Q

Who?

2 her a couple of times before my termination.

2

A

I saw my friend about it, Dwayne, and I told

3

Q

Where did you speak with her?

3 my family members at home about it.

4

A

Over the telephone.

4

Q

Which family members?

5

Q

Did you call her?

5

A

My mother, my brothers.

6

A

Yes.

6

Q

Including your brother who worked at

7

Q

The first time you called her, what did you

7 Blockbuster?
8

8 say?
9

A

I told her that I was being sexually harassed

A

Yes.

9

Q

Was your brother who worked at Blockbuster

10 at Blockbuster.

10 present any time --

11

Q

Did you tell her that you spoke with Linc?

11

A

No, he was fired by that time.

12

A

Yes, I did.

12

Q

Did you tell anyone other than Dwayne, your

13

Q

What did she say?

13 mom, your brothers, Linc and Cinnie?

14

A

She asked me what did I tell Linc or what did

14

A

Probably my sister. That's it.

15 Linc do about it.

15

16

Q

And what did you say?

16

Q

Do you recognize this document?

17

A

I wasn't sure.

17

A

Um, no.

18

Q

What did she say after that?

18

Q

I'll give you a chance to look through it.

19

A

I don't -- I think that's when she told me to

19

A

(Witness examines document.)

20 -- no, no, no, that's not when she told me that. I'm

20

Q

I will represent to you that these are

21 not sure what she said after that.

21 interrogatory answers answered by your attorney in

22

22 response to questions by Blockbuster.

Q

Do you remember how the conversation ended?

BLOCKBUSTER.transcript.fields

(Exhibit 4 marked for identification.)

Pages 53 - 56

Page 57

Page 59

1

Could you turn to page 15, please?

1

A

Yes.

2

In the middle of the page, starting with the

2

Q

How often did he scream at you?

3 paragraph, "During the course of her employment," it

3

A

A lot, maybe a couple of times a day.

4 says that Thomas Johnson leered at you. Do you see

4

Q

What did he scream?

5 that?

5

A

I mean, he did make it seem like I was

6

A

Yes.

6 incompetent, not doing the job correctly, like I was

7

Q

Stared at your buttocks?

7 doing something wrong.

8

A

(Nods affirmatively.)

8

Q

Did anyone else scream at you?

9

Q

Are those the leering and buttocks-staring

9

A

No.

10 incidents that you told us about before?

10

Q

Did you see Taj screaming at other people?

11

A

Yes.

11

A

No.

12

Q

Are there any others that you remember that

12

Q

Did you know Yasmina Assoumanou?

13 you haven't told us about before?

13

A

Yes.

14

A

No.

14

Q

How do you know her?

15

Q

(c) says he told her that her mother must

15

A

We worked together at Blockbuster.

16 look good based on the way you looked?

16

Q

How long did you work together?

17

A

Yes.

17

A

Not that long. Maybe a couple of weeks.

18

Q

In addition to that comment and the other

18

Q

Were you friends?

19 comments you've told us about already, are there any

19

A

I wouldn't say friends; coworkers more like.

20 other comments that you can remember?

20

Q

Have you spoken with Ms. Assoumanou since

21

A

No.

21 your employment with Blockbuster ended?

22

Q

(d) says on four occasions he offered to pay

22

A

No.

Page 58

Page 60

1 her money for sex.

1

Q

Did you ever see anyone touch her?

2

A

Yes.

2

A

No, not touch her.

3

Q

Do you remember when he offered to pay you

3

Q

Did you ever hear anyone make sexual comments

4 for sex?

4 to her?

5

A

The exact time, no.

5

A

Yes.

6

Q

Approximately?

6

Q

Who?

7

A

It was in December.

7

A

Taj.

8

Q

Other than these occasions, do you remember

8

Q

Anyone else?

9 any other occasions where he asked to pay you for sex? 9

A

No.

10

A

No.

10

Q

What comments did he make to her?

11

Q

(e) says he often moved his body

11

A

He'd say stuff about her butt and the size of

12 inappropriately close to you, invading your personal

12 her breasts.

13 space and causing you to feel highly uncomfortable?

13

Q

What other comments did he make to her?

14

A

Yes.

14

A

That's it. That's what I could say.

15

Q

Other than the incident you've already told

15

Q

Did you talk to her about the comments?

16 us about, are there any other times when he moved

16

A

No, not really.

17 inappropriately close to you and made you feel

17

Q

Did you report the comments he made to her to

18 uncomfortable?

18 anyone else?

19

A

I mean, he did it on a regular basis, so no.

19

A

No.

20

Q

I want you to move down to the next line.

20

Q

Do you remember Lolita Gonzales?

21 (g) after she complained about sexual harassment, he

21

A

Yes.

22 screamed at her frequently and threatened her job.

22

Q

How do you know Ms. Gonzales?

BLOCKBUSTER.transcript.fields

Pages 57 - 60

Page 61

Page 63

1

A

We worked together at Blockbuster.

1

A

I've never seen him touch her.

2

Q

Were you friends?

2

Q

What kind of sexual comments did Taj make to

3

A

I wouldn't say friends, co-workers, but we

3 Lolita?

4 did have conversations, yes.

4

A

Taj used to say stuff about her breasts.

5

Q

How often would you talk to her?

5

Q

Anything else?

6

A

Every day I worked. Mostly every day.

6

A

(Nods negatively.)

7

Q

Did you ever see anyone touch her?

7

Q

Did you ever hear anyone make racial comments

8

A

Physically touch, no.

8 towards Lolita?

9

Q

Did you ever hear anyone make sexual comments

9

A

No.

10

Q

Do you remember Emetem Nkwetta?

A

I remember her but that's not what I called

10 to her?
11

A

Yes.

11

12

Q

Who?

12 her.

13

A

I heard Linc and Taj make comments to Lolita.

13

Q

What did you call her?

14

Q

What kind of comments did Linc make to her?

14

A

Blythe.

15

A

He was -- he always was calling her name a

15

MS. KEILLER: (To the reporter) Emetem is

16 lot, and he'd -- it was like he gets real flirtatious

16 spelled E-m-e-t-e-m, last name is N-k-w-e-t-t-a, and

17 with her.

17 Blythe is B-l-y-t-h-e.

18

Q

How so?

18

Q

How do you know Blythe?

19

A

I mean, it's like a guy trying to hit on a

19

A

We worked together at Blockbuster.

20 girl. He was like really flirtatious with her.

20

Q

Were you friends?

21

Q

What kind of things did he do?

21

A

I would say that we were friends, yes.

22

A

Like the way that he looked at her, the way

22

Q

Did you ever hear anyone make sexual comments

Page 62

Page 64

1 that he talked to her.

1 towards Blythe?

2

Q

How did he look at her?

2

A

Yes.

3

A

I don't want to get into this -- I can't

3

Q

Who?

4 describe the look, but it's like I want you look. To

4

A

Taj.

5 me, anyway.

5

Q

Anyone else?

6

6

A

No.

7 think he was flirting with her?

7

Q

What kind of comments did he make towards

8

8 Emetem?

Q
A

And how did he talk to her that made you
Because he was always, like, close to her and

9 he, like, dealt with her basically more than anyone else

9

A

He used to make the same statements about her

10 in there.

10 butt and her breasts.

11

Q

What sexual comments did he make to her?

11

Q

Anything else?

12

A

I don't know the sexual comments he made to

12

A

No.

13 her, but Taj, yes.

13

Q

Did you talk with her about the comments?

14

14

A

Yes.

15 that you can remember?

15

Q

What did you say?

16

I mean ...

16

A

I told her that I felt that it wasn't

MR. PHILLIPS: If you remember.

17 appropriate. She -- I'm not going to say she didn't

Q
A

17

But did Linc make any sexual comments to her

18

Q

If you remember, right. Take your time.

18 know very much English, but their thoughts were -- her

19

A

I can't say, because when I think of Linc,

19 thoughts were different from mine. That's what I'll

20 all I can remember is the way he used to call her name

20 say.

21 out all the time.

21

Q

What were her thoughts?

22

22

A

I mean, I'm not going to say her thoughts,

Q

Did Linc ever touch Lolita?

BLOCKBUSTER.transcript.fields

Pages 61 - 64

Page 65

Page 67

1 but I'm going to say her, her upbringing was different.

1

Q

Do you remember Laquanta Brinson?

2 She was a different nationality, so --

2

A

No, I don't think so.

3

Q

What nationality was she?

3

4

A

She was African.

4 L-a-q-u-a-n-t-a. Last name, B-r-i-n-s-o-n.

5

Q

What did she say about the comments?

5

Q

Do you know Michelle Despertt?

6

A

She didn't like them, either.

6

A

I'm not really good with names. I remember

7

Q

Did she ever tell you that she complained?

7 faces. So the name doesn't ring a bell.

8

A

No. I didn't ask her.

8

Q

Okay. Do you remember Milagros Ledesma?

9

Q

How many times did you talk with her about

9

A

No.

10 the comments?

10

Q

Do you remember Grisel Nunez?

11

A

Maybe a couple. Maybe, like, three.

11

A

Grisel?

12

Q

Did you report the comments to Blythe to

12

Q

Uh-huh.

13 anyone?

13

A

No.

14

A

No.

14

Q

Do you remember Lita Zubiate?

15

Q

Did you ever see anyone touch Blythe?

15

A

That name sounds familiar but I don't

16

A

No.

16 remember that person.

17

Q

Did you ever hear anyone make comments about

17

MS. KEILLER: (To the reporter) First name,

MS. KEILLER: (To the reporter) L-i-t-a,

18 her national origin to her?

18 Z-u-b-i-a-t-e.

19

A

No, I don't think so.

19

Q

Do you know Gilda Arevalo, A-r-e-v-a-l-o?

20

Q

Do you remember Delores Gonzales?

20

A

No.

21

A

Yes.

21

Q

Do you know Say Wing?

22

Q

How do you know Ms. Gonzales?

22

A

That's a girl?

Page 66

Page 68

1

A

That was Lolita's mother.

1

Q

Yes.

2

Q

Did you ever see anyone touch Delores

2

A

No.

3 Gonzales?

3

Q

And do you remember Victor Ruiz?

4

4

A

Uh-uh.

5 if she was working there then when I worked there, or

5

Q

And you said that Taj used to yell at you?

6 did she work there later on. But no, I didn't see

6

A

Yes.

7 anything like that.

7

Q

Did anyone else ever yell at you?

8

8

A

No.

9

Q

Did you ever see anyone yell at other

A

No. I'm trying to think because I don't know

Q

Did you and Delores Gonzales work there at

9 the same time?
10

A

That's what I was trying to think, because I

10 employees?

11 know -- yeah, it was then. Yeah, we worked there at the

11

12 same time.

12 movie was missing or when something wasn't in order in

13

13 the back of the warehouse. But to yell at a single

Q

Did you ever hear anyone make sexual comments

A

Um, I know Linc used to yell, like, when a

14 person, no.

14 to her?
15

A

No.

15

16

Q

Did you ever hear anyone make racial comments

16 anyone?
17

17 to her?

Q
A

So when Linc yelled, was he yelling at
No, he would yell -- he was yelling in

18

A

No.

18 general, because it would be time to go home and

19

Q

Do you remember Elizabeth Ledesma?

19 something would be missing or something and he yelled.

20

A

Elizabeth? No.

20

21

MS. KEILLER: (To the reporter)

22 L-e-d-e-s-m-a.

BLOCKBUSTER.transcript.fields

Q

Did anyone ever ask you to monitor the

21 Hispanic employees?
22

A

No.
Pages 65 - 68

Page 77

1

Q

Do you remember what the name of the crisis

2 hotline was?
3

A

No, I just know it was a 202 number.

4

Q

How many times did you call the hotline?

5

A

I was calling, like, every night.

6

Q

What did you tell them when you called the

7 hotline?
8

A

I told them about my problems and that I

9 think I needed to see a psychiatrist.
10

Q

Did they give you any advice?

11

A

They gave me a referral to see a psychiatrist

12 in D.C.
13

Q

And you didn't follow through with the

14 referral?
15

A

No, I didn't have the money.

16

Q

How much did it cost?

17

A

Um, I think they said $75 a session.

18

Q

Did you look into talking with social

19 workers?
20

A

No.

21

Q

Did you look into any clinics?

22

A

No.

Page 79

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

Blockbuster?
A Nope.
Q During your time at Blockbuster, who paid
you?
A Express.
Q Did you know about Blockbuster's ethics
hotline?
A That number they put up in the break room?
Q Yes.
A That happened after I got fired.
Q How did you know about it?
A Um, who was it? Somebody that still work
there told me about it. I'm thinking it was Kevis,
because I continued to talk to him for a while after I
stopped working there.
Q Do you still talk to Kevis?
A Now, no.
Q Have you talked to anyone that you worked
with at Blockbuster -A -- since Blockbuster?
Q Yes.
A No. Actually, I take that back. I have.

Page 78

1

Q

Were there any other ways you tried to treat

Page 80

1 Um, I talked to Blythe before she moved to Texas. And

2 your emotional distress?

2 actually I had a conversation with her since she's lived

3

A

Talking about it. That was it.

3 in Texas.

4

Q

Are you seeing any psychiatrists or

4

Q

When you talked to Blythe, did you talk about

5 psychologists now?

5 your assignment at Blockbuster?

6

A

No.

6

7

Q

Seeing any social workers now?

7 anymore, so we didn't talk about Blockbuster.

8

A

No. I talked to my sister. She's a

8

9 psychiatrist, so I talked to her. That's about it.

A
Q

No. She told me she didn't work there
Other than Blythe and Kevis, are there any

9 other people you talked to from your assignment at

10

Q

Have you suffered any other emotional pain?

10 Blockbuster since you left?

11

A

No.

11

12

Q

Have you suffered any inconvenience since

12 couple of conversations with him, but I can't remember

A

There was a guy that worked there. I had a

13 your assignment at Blockbuster?

13 his name. I just remember he was light-skinned.

14

A

Yes.

14

Q

Anyone else?

15

Q

Can you tell me about those inconveniences,

15

A

No.

16 please, other than what you've already told me?

16

17

17

A

Oh, no, no, not other than what I've already

MS. KEILLER: I'll pass the witness.
EXAMINATION

18 told you.

18 BY MR. PHILLIPS:

19

19

Q

Did you ever receive a handbook from

Q

Ms. Fields, I just have two questions for

20 Blockbuster?

20 you. The first question is, at any time did anyone from

21

A

No.

21 any company ever interview you to ask you if you had

22

Q

Did you receive any documentation from

22 seen other women being sexually harassed at Blockbuster?

BLOCKBUSTER.transcript.fields

Pages 77 - 80

Page 81

Page 83

1

A

What you mean "from any company"?

1

2

Q

Did anyone from Express Personnel, anybody

2

CERTIFICATE OF COURT REPORTER/NOTARY PUBLIC
I, Susan Ingram, Certified Court Reporter and

3 from Blockbuster, ever ask you if you had seen other

3 Registered Professional Reporter, the officer before

4 women being sexually harassed?

4 whom the foregoing proceedings were taken, do hereby

5

A

No.

5 certify that the foregoing transcript is a true and

6

Q

And earlier in your testimony, there was a

6 correct record of the proceedings; that said proceedings

7 reference to Yasmina Assoumanou? Remember that?

7 were taken by me stenographically and thereafter reduced

8

A

Yes.

8 to typewriting under my supervision, and that I am

9

Q

At the time, you knew her as Jasmine;

9 neither counsel for, related to, nor employed by any of

10 correct?

10 the parties to this case and have no interest, financial

11

11 or otherwise, in its outcome.

A

Yes.

12

MR. PHILLIPS: Pass the witness.

12

13

MS. KEILLER: No further questions.

13 and affix my notarial seal this 5th day of November,

14

MR. PHILLIPS: We'll read and sign.

14 2008.

15

(Signature having not been waived, the

15

IN WITNESS WHEREOF, I hereunto set my hand

16 deposition of NI'EMA FIELDS concluded at 12:52 p.m.) 16
17
17

My Commission expires:
March 31, 2013

18

18

19

19

_________________________

20

20

NOTARY PUBLIC IN AND FOR

21

21

THE DISTRICT OF COLUMBIA

22

22
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1

ACKNOWLEDGEMENT OF DEPONENT

1

2

I, NI'EMA FIELDS, do hereby acknowledge that

2

ERRATA SHEET
IN RE: EEOC vs. BLOCKBUSTER, INC.

3 I have read and examined the foregoing testimony, and

3 RETURN BY:

4 the same is a true, correct and complete transcription

4 PAGE

5 of the testimony given by me, and any corrections appear

5 ____

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6 on the attached Errata sheet signed by me.

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8 _____________________________ __________________________

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21 ____________ ________________________________________

22

22

(DATE)

(SIGNATURE)

BLOCKBUSTER.transcript.fields

LINE

(DATE)

CORRECTION AND REASON

(SIGNATURE)

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