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

)

5

EQUAL EMPLOYMENT OPPORTUNITY

)

6

COMMISSION,

)

7

Plaintiff,

)

8
9

)
v.

)
)

10

Civil Action No.:
8:07-CV-02612

11

BLOCKBUSTER INC.,

)

12

Defendant.

)

13

______________________________)

14
15

DEPOSITION OF LAQUANTA BRINSON

16

Raleigh, North Carolina

17

Monday, September 8th, 2008

18

10:00 a.m.

19
20

Job No.: 24-136236

21

Pages: 1 - 69

22

Reported by: Vivian Marino, RPR

BLOCKBUSTER.transcript.brinson

Page 13

1

A. The job sites began to get scarce, and it wasn't

Page 15

1

A. Yes, ma'am.

2 like a lot of job sites available. They kept losing

2

Q. And how did you hear about the position?

3 them.

3

A. Well, just being in the same building and they

4

Q. Did you quit?

4 looked as though they needed help.

5

A. I resigned.

5

6

Q. You resigned?

6 did you resign and then start working at Blockbuster?

7

A. Yes.

7

A. I resigned.

8

Q. And that's when you went to U.S. Security?

8

Q. Did you have an interview for Express Personnel?

9

A. Correct.

9 Did someone interview you for the position?

Q. And did you continue working at U.S. Security, or

10

Q. Why did you leave U.S. Security?

10

A. Yes.

11

A. The same reason.

11

Q. Do you remember who that was?

12

Q. And before Pinkerton where did you work?

12

A. I know it was a common name, but I don't remember

13

A. United States Navy.

13 her name.

14

Q. Were you an officer or an enlisted member of the

14

Q. If I said Cynthia Brown would that jog your

15 Navy?

15 memory?

16

A. Enlisted member.

16

A. Yes.

17

Q. And how long were you in the Navy?

17

Q. And is Ms. Brown the person who made the decision

18

A. Three and a half years.

18 to hire you?

19

Q. And were you honorably discharged?

19

A. Yes.

20

A. Yes.

20

Q. What position were you hired for?

21

Q. And did you work anywhere before you went into

21

A. I don't remember the technical term.

22

Q. What were your job duties?

22 the Navy?
Page 14

Page 16

1

A. Piggly Wiggly.

1

A. To place the DVD's in the sleeves to be shipped

2

Q. Piggly Wiggly?

2 out.

3

A. Yes.

3

Q. Were there any other duties?

4

Q. Is that here in North Carolina?

4

A. And read the -- the sheet to make sure that it

5

A. Yes, it was.

5 was going to the right person and address and the

6

Q. Was that during high school or between high

6 quantity.

7 school and the Navy?

7

Q. And what was your salary there?

8

A. During high school.

8

A. Ten dollars an hour.

9

Q. During high school. So after you graduated high

9

Q. Did you ever receive a salary increase while you

10 school you went to the Navy?

10 were working there?

11

A. Yes.

11

A. No.

12

Q. Have you ever been self-employed?

12

Q. What were your work hours? What was your shift?

13

A. No, I have not.

13

A. Maybe eight to five; eight to four.

14

Q. When did you begin working for Express Personnel?

14

Q. Did you ever work the evening shift?

15

A. Don't quote me, but I believe around January of

15

A. Yes.

16 2005.

16

Q. Did your shifts change?

17

Q. And did you fill out an application?

17

A. No, I may have stayed longer, but I usually came

18

A. Yes.

18 in at the same time every day.

19

Q. And you said while you were working at U.S.

19

Q. And did you receive any benefits --

20 Security that was at the Blockbuster facility, correct?

20

A. No.

21

A. Correct.

21

Q. -- while working? No benefits. And when did

22

Q. Is that the Gaithersburg facility?

22 your employment end?

BLOCKBUSTER.transcript.brinson

Pages 13 - 16

Page 17

Page 19

1

A. Mid February.

1

2

Q. And how did it end? Were you terminated? Were

2 the Blockbuster facility, do you think you were harassed

Q. While you were working there at -- for Express at

3 you -- did you quit?

3 because of your race?

4

A. Yes, I did.

4

5

Q. You quit?

5

6

A. Uh-huh, yes.

6

2.

7

Q. Did you ever go back to working for Express

7

(EXHIBIT NUMBER 2 WAS MARKED FOR IDENTIFICATION)

8 Personnel after that?
9
10

A. No.
MS. KEILLER: I'm going to hand you Exhibit

8 BY MS. KEILLER:

A. No.

9

Q. Did you file an EEOC charge about your employment

Q. Have you seen this document before?

10

A. No.

11 there after you quit?

11

Q. I will represent to you that this is the

12

A. No.

12 complaint filed in this matter on your behalf and other

13

Q. Why not?

13 parties to this action; if you could turn to page five,

14

A. I mean I felt like it was done and over.

14 please.

15

Q. Did anyone suggest to you that you contact the

15

MR. PHILLIPS: And just to clarify, what she

16 EEOC or the Maryland Commission on Human Rights?

16

meant by that was that that is the federal court

17

A. No, ma'am.

17

complaint that started this lawsuit that was filed by

18

Q. While you were there, do you feel you were

18

the EEOC against Blockbuster.

19 sexually harassed?

19

THE WITNESS: Thank you.

20

A. Yes.

20

MR. PHILLIPS: Okay.

21

Q. Who do you think sexually harassed you?

21 BY MS. KEILLER:

22

A. Taj.

22

Q. Do you want a chance to review it further, review

Page 18

Page 20

1

Q. Taj?

1 the complaint further?

2

A. Yes.

2

A. Yes.

3

Q. Is that Thomas Johnson you're referring to?

3

Q. Okay.

4

A. Yes, ma'am.

4

(PAUSE)

5

Q. Why do you feel like Taj -- that's spelled T-A-J

5

THE WITNESS: Okay.

6 -- why do you feel like Taj sexually harassed you?

6 BY MS. KEILLER:

7

7

Q. Are you ready?

8 you didn't oblige with him.

A. His words and his gestures and the extra work if

8

A. I'm ready for page five.

9

9

Q. Okay. We're going to look at paragraph 18.

Q. Do you believe that Kofi Tutu sexually harassed

10 you?
11

10
MR. PHILLIPS: Objection. Lacks foundation.

A. Okay.

11

Q. Fourth line down, it says that you -- and when I

12 BY MS. KEILLER:

12 say "you," you're a female employee who is allegedly

13

Q. You can answer.

13 aggrieved, that you're part of this complaint -- were

14

A. No.

14 subject to a continuing course of unwelcome and

15

Q. Do you know who Lincoln Barrett is?

15 offensive harassment because of your sex, race and

16

A. Yes.

16 national origin.

17

Q. Do you feel that Lincoln Barrett sexually

17

MR. PHILLIPS: Where is that?

18 harassed you?

18

MS. KEILLER: Paragraph 18, line four.

19

A. No.

19

MR. PHILLIPS: Okay. Because of sex,

20

Q. Is there anyone other than Taj that you felt

20

female, and conduct protected by Section 704(a).

21 sexually harassed you?

21

MS. KEILLER: Oh, excuse me. I'm going to

22

22

A. No.

BLOCKBUSTER.transcript.brinson

reread it for you.
Pages 17 - 20

Page 21

1
2

MR. PHILLIPS: Just for the record, I said

Page 23

1

conduct protected by Section 704(a).

Q. And when he made the sexual comments to you, did

2 he say this in front of other people?

3

MS. KEILLER: That's sex, female, and

3

A. Sometimes, yes.

4

conduct protected by Section 704(a). Excuse me. I

4

Q. Who were those people?

5

did not mean race. I apologize.

5

A. I apologize, but I don't remember.

6 BY MS. KEILLER:

6

Q. And did he also say these things to you when you

7

Q. You said that Taj sexually harassed you.

7 were alone?

8

A. Yes.

8

A. On a couple of occasions, yes.

9

Q. Could you tell me what comments Taj made towards

9

Q. And where were you in the facility when he made

10 you?

10 those comments?

11

11

A. At my station.

12 room at the hotel. Let's do some girls together.

12

Q. Could you describe your station for me?

13 Everything will be okay if you just do what I say.

13

A. It was like a long table similar to this one, and

14

14 I was sitting on the far end and the next person was

A. Sorry. Let's go to the club; have a drink; get a

Oh, and, for the record, I need to say that I do

15 agree that Lincoln Barrett did condone sexual

15 sitting beside me and continue on down.

16 harassment. And at the time that's all I can think of.

16

17

17 where were those made?

Q. Okay. He said -- you said he said let's go to

Q. And when he made comments when you were alone,

18 the club?

18

A. Maybe in the lunchroom or outside smoking.

19

A. Yes.

19

Q. And you said he made gestures towards you that

20

Q. How often did he say that?

20 you felt were sexually harassing?

21

A. On a daily basis.

21

22

Q. You said that he said let's get some drinks?

22 up against mine.

A. Yes, he put his arm around me; brushed his body

Page 22

Page 24

1

A. Yes.

1

Q. How often did he put his arms around you?

2

Q. How often did he say that?

2

A. Probably once a day.

3

A. On a daily basis.

3

Q. And did he put his arm around your shoulders,

4

Q. You said that he said let's get a room at the

4 around your waist? Where did he put his arm?

5 hotel?

5

6

A. Yes.

6 hang like right in front of my breast.

7

Q. How often did he say that?

7

Q. Did he ever touch your breast?

8

A. Maybe every other day.

8

A. Yes.

9

Q. And he said let's do some girls together?

9

Q. And when he brushed up against you, where did --

A. Generally around my shoulder but his hand would

10

A. Yes.

10 how did he do that?

11

Q. And how often did he say that?

11

12

A. Every day.

12 me.

13

Q. And he said everything will be okay if you do

13

Q. And how often would he brush up against you?

14 what he says?

14

A. Several times a week he would try.

15

A. Yes.

15

Q. When Taj made sexual comments to you, what would

16

Q. And how often did he say that?

16 you say to him?

17

A. After every sentence.

17

18

Q. Are there any other comments that he made to you 18

A. Like just would slide in front of me or behind

A. Man, go ahead. Stop playing. It's not funny.
Q. And would he say anything back to you?

19 that you can think of?

19

20

A. That he wanted to fight me like a man.

20 right man; things of that nature.

21

Q. How often did he say that?

21

22

A. I've heard that twice from him give or take.

22 you?

BLOCKBUSTER.transcript.brinson

A. You know you want it; you just haven't met the
Q. Do you remember any of the dates that he touched

Pages 21 - 24

Page 25

Page 27

1

A. I'm sorry, I don't.

1 Did he make any other sexual requests?

2

Q. Did you tell anyone about the touching?

2

3

A. No, I didn't. I apologize.

3

4

Q. Do you need a break?

4

Go ahead and answer.

5

A. I did.

5

THE WITNESS: Yes.

6

Q. Oh, you did?

6 BY MS. KEILLER:

7

A. Linc Barrett. I was thinking you was meaning

7

Q. What were those requests?

8 someone personal.

8

A. Asking me to perform sexual favors with him and

9

9 just him.

Q. You didn't tell anyone personal?

MR. PHILLIPS: Objection. Asked and
answered.

10

A. No.

10

11

Q. How often did you tell Linc Barrett about the

11 were those favors he asked?

12 sexual comments?

12

Q. I realize this might be uncomfortable, but what
A. Oral favors and actual intercourse.

13

A. Several times. I told him on numerous occasions. 13

Q. And how often did he ask for those sexual favors?

14

Q. Would you tell him right after the comments

14

A. Several times.

15 happened, or would you wait until the end of the day?

15

Q. Are there any other requests he made of you

16 When would you tell him?

16 sexually?

17

17

A. Generally, when Taj would leave, then I would go

MR. PHILLIPS: Beyond what she's already

18 to Linc.

18

19

Q. Was Linc always there during your shift?

19 BY MS. KEILLER:

testified to?

20

A. No.

20

Q. Beyond what you've already testified about.

21

Q. Was Taj always there during your shift?

21

A. At this time, I don't think of any.

22

A. No.

22

Q. Did Taj inquire into your sexual life, your

Page 26

Page 28

1

Q. And did you also tell Linc about the touching?

1 personal sexual life?

2

A. Yes.

2

A. Yes.

3

Q. How many times did you tell Linc about the

3

Q. And how often did he do that?

4 touching?

4

A. Every day, two or three times a day.

5

A. Several.

5

Q. And what were those inquiries?

6

Q. And what did he say when you told him about the

6

A. I know you be meeting some bad -- can I curse?

7 touching?

7

8

A. Oh, it was just an accident. He was probably

8

9 just trying to move fast so he could get the work done;

9

MR. PHILLIPS: Say exactly what he said to
you.
THE WITNESS: I know you be meeting some bad

10 making up excuses basically.

10

bitches. Why don't you share with me because I seen

11

Q. What did you say when Linc made up those excuses?

11

the one that came by today. She hot. Let me do her

12

A. I don't believe it was an accident because of the

12

with you. You watch. Just pretty much the same thing

13 things that he says and the way that he works.

13

I said earlier; stop playing; I know you want it; you

14

14

just haven't met the right man; I could show you a

15 comments?

15

good time; you won't regret it; your workload will be

16

16

easier.

Q. What response did Linc give you about the sexual
A. You know he's just playing. He's not being

17 serious, things of that nature.

17

18

18

he got mad, when I wasn't interested in entertaining

19 was just playing or wasn't serious?

19

what he would say or do or anything.

20

A. Okay, whatever and we'd just go back to work.

20 BY MS. KEILLER:

21

Q. Did Taj make any sexual requests? You already

21

Q. And what did you tell him after he said that Taj

22 mentioned that he said let's do other girls together.

BLOCKBUSTER.transcript.brinson

Then he would call me a dike, lesbian when

Q. Other than those comments, did he make any other

22 sexual inquiries about your personal sexual life?

Pages 25 - 28

Page 29

Page 31

1

A. At the moment, I can't think of any.

1

Q. Did anyone else?

2

Q. What was your response to that, to those

2

A. Linc Barrett a couple of times.

3 comments?

3

Q. How often did that happen?

4

A. Trying to act hard like it didn't bother me or

4

MR. PHILLIPS: Asked and answered.

5 offend me; like man, you can't handle what I got and

5

You can answer again.

6 things of that nature.

6

THE WITNESS: On a daily basis.

7

7 BY MS. KEILLER:

Q. Did you tell anyone about the sexual inquiries he

8 was making? I know you said you told Linc about the

8

Q. Did anyone make threats against you?

9 touching and the sexual -- the other sexual comments.

9

A. Yes.

10 Did you tell Linc about these comments also?

10

Q. Who?

11

A. Yes, I did.

11

A. Taj.

12

Q. Did he give you the same response?

12

Q. Did anyone else make threats towards you?

13

A. His response was he's just jealous.

13

A. Not that I can think of.

14

Q. Did you tell anyone else?

14

Q. And what were those threats other than the

15

A. Not that I can recall.

15 threats you've already told us about, about fighting you

16

Q. What about Cynthia Brown, did you make any

16 like a man?

17 complaints to her?

17

MR. PHILLIPS: Objection. Assumes facts.

18

A. No.

18

Answer. You can go ahead and answer.

19

Q. Did anybody leer at you? Do you know what I mean

19

THE WITNESS: Just he said he was going to

20 when I say leer at you, like look at you in an overtly

20

21 sexual way?

21 BY MS. KEILLER:

22

22

A. Yes.

beat my ass and make me want to go back to a man.
Q. Did he say anything else?

Page 30

Page 32

1

Q. And was that -- who was that?

1

A. At the moment, I can't think of anything.

2

A. Taj.

2

Q. Did anyone ever make unfair criticisms of your

3

Q. And how often did he leer at you?

3 work?

4

A. He would wink and make those crazy-looking eyes

4

A. Yes.

5 and things of that nature whenever I would look up.

5

Q. Who was that?

6

Q. Look up from your work?

6

A. Taj and Linc.

7

A. Yes.

7

Q. And what were those criticisms that you felt were

8

Q. When you say "crazy-looking eyes," what do you

8 unfair?

9 mean by that?

9

A. That I'm supposed to do everything that they tell

10

A. Attempting to look sexual.

10 me to do, but when they started giving me extra work, I

11

Q. And what was your response to that, to the

11 felt that it was unfair that I had to do extra work all

12 leering?

12 because I wouldn't give in to his gestures.

13

13

A. Roll my eyes and smack my lips. And that was

Q. Any other criticisms? Any other criticisms of

14 before he would get angry with me.

14 your work?

15

15

A. That's all I can think of.

16 at your face, or did he look at your body?

16

Q. How often did he give you extra work?

17

A. Yes, he looked at the body occasionally.

17

A. Out of a five day work week maybe three days.

18

Q. Did anyone ever stand too close to you in an

18

Q. And what kind of extra work did he give you?

19 inappropriate way?

19

A. Putting up movies or picking out the movies.

20

A. Yes.

20

Q. Did he give anyone else extra work?

21

Q. Who was that?

21

MR. PHILLIPS: If you know.

22

A. Taj.

22

THE WITNESS: Yes.

Q. And where did he look at you? Did he just look

BLOCKBUSTER.transcript.brinson

Pages 29 - 32

Page 33

Page 35

1 BY MS. KEILLER:

1

Q. Do you know who those people are?

2

Q. If you know.

2

A. I don't. I don't remember any of those people's

3

A. Yes.

3 names.

4

Q. Do you know who those people were?

4

Q. But were they people working at your table?

5

A. No, I don't. But he would also make me take the

5

A. A few of them, yes.

6 trash out, clean out the lunchroom, things of that

6

Q. Did anyone ever interview you about your

7 nature.

7 complaints other than your attorney, of course?

8

8

MR. PHILLIPS: You mean literally anybody?

9

MS. KEILLER: Anyone.

Q. Did he make anyone else take the trash out or

9 clean up the workroom -- clean up the lunchroom?
10

A. Yes.

10

11

Q. How often did he make you take the trash out or

11

MR. PHILLIPS: Okay. And you're referring
to the complaints to Barrett?

12 clean up the work room?

12

MS. KEILLER: Yes.

13

A. Maybe just several times.

13

MR. PHILLIPS: Okay.

14

Q. And when he gave you extra work, what was your 14 BY MS. KEILLER:

15 response to that?

15

Q. I'll repeat the question.

16

16

A. Okay.

17 that it wasn't fair, but I would go ahead and do it.

17

Q. Did anyone ever interview you about your

18

18 complaints? And when I say "interview," did anyone ever

A. I would have an attitude and be upset and think
Q. Did you tell anyone that he was giving you extra

19 work that you thought was unfair?

19 call you about your complaints or sit down with you and

20

A. Yes, Linc.

20 talk to you about your complaints?

21

Q. Did you tell anyone else?

21

22

A. No, not that I can recall.

22 maybe, but I'm not sure, so I don't know.

A. I honestly don't remember. It's -- I think

Page 34

Page 36

1

Q. Were you ever sent home from work?

1

2

A. Early?

2 break, don't hesitate to ask, if you need to go to the

3

Q. Yes, early.

3 bathroom or get something to drink. Okay?

4

A. Yes.

4

A. Thank you.

5

Q. How often were you sent home early from work?

5

(EXHIBIT NUMBER 3 WAS MARKED FOR IDENTIFICATION)

6

A. Maybe several times. It wasn't a whole, whole

6 BY MS. KEILLER:

Q. You know, I forgot to tell you that if you need a

7 lot.

7

8

Q. And how early were you sent home?

8 Have you seen this document before?

9

A. Maybe three hours before the shift ended, give or

9

Q. These are interrogatory answers from the EEOC.

A. No, ma'am.

10 take.

10

11

Q. Were you upset that you were sent home early?

11

interrogatory answer is a written question that the

12

A. Yes.

12

EEOC responded to that was submitted to the EEOC by

13

Q. And did you complain about being sent home early?

13

Blockbuster. When she says interrogatory, that's what

14

A. Yes.

14

she's talking about.

15

Q. Who did you complain to?

15

16

A. Linc.

16 BY MS. KEILLER:

17

Q. And what did Linc say?

17

18

A. That's just how the job goes. We don't have a

18 of pages. Would you like to review that page before I

MR. PHILLIPS: Just to let you know, an

THE WITNESS: Okay.

Q. If you could turn to page 16. I know it's a lot

19 lot of work and somebody has to take the time to go

19 ask you questions?

20 home, however he worded it.

20

A. Yes, please.

21

Q. Was anyone else sent home early?

21

Q. Okay.

22

A. Yes.

22

BLOCKBUSTER.transcript.brinson

(PAUSE)

Pages 33 - 36

Page 37

1

Page 39

1 BY MS. KEILLER:

THE WITNESS: I'm ready.

2 BY MS. KEILLER:

2

Q. Have you seen this document before?

3

3

A. No.

4 Is that what you told me about earlier?

4

Q. If you could turn to page two, starting in

5

5 February 25 -- February 2005, if you could review that

Q. On line two it says he asked her out for drinks.
A. Which line are you referring to because my line

6 two --

6 paragraph for me.

7

Q. Excuse me, third full paragraph.

7

(PAUSE)

8

A. Okay.

8

THE WITNESS: Okay.

9

Q. So the next to last paragraph, line two.

9

MS. KEILLER: Okay.

10

A. Okay.

10

11

Q. Excuse me. I've got mine -- a highlight around

11 BY MS. KEILLER:
12

12 it so -13

Q. Paragraph A -- excuse me, there is a second line

13 and it says (A). Is that the same asking you out on

A. Okay.

14

THE WITNESS: I'm ready.

14 dates that you discussed with us before?

MR. PHILLIPS: And just to make sure that

15

you're aware, Chaka, you are aware that the EEOC has

15

A. Yes.

16

supplemented this interrogatory answer?

16

Q. B, he put his arms around her. Is that the same

17

MS. KEILLER: Yes. Thank you.

17 touching that we talked about before?

18

MR. PHILLIPS: Okay. Okay.

18

A. Yes.

19

MS. KEILLER: When we say supplemented the

19

Q. C, he deliberately brushed his body across her

20

interrogatory answer, it means that after they

20 breast. Is that the same brushing that we were talking

21

answered the first time our questions, written

21 about before?

22

questions, they sent an update to the written

22

A. Yes.

Page 38
1

questions.

2

THE WITNESS: Oh, okay.

Page 40

1

Q. E, he made daily sexual comments to her. Are

2 those the same comments that we were talking about

3 BY MS. KEILLER:

3 before?

4

4

A. Yes.

5 2005.

5

Q. F, when she rejected his sexual advances, he

6

A. Okay.

6 often became angry and said I don't want to mess with

7

Q. Second line says he asked her out for drinks. Is

7 you anyway.

Q. Okay. So third paragraph, starting in March

8 that what you told me about earlier?

8

A. Yes, that was said.

9

9

Q. And G, when you complained about being assigned

10

A. Yes, ma'am.
Q. The next part of the sentence, after she declined

10 extra work, he angrily declared that she would do

11 to go out with him he referred to her as a "dike" and

11 whatever he directed her to do and come on outside and

12 gave her extra work. Is that what you told me about

12 fight me like a man. Are those the same comments we

13 earlier?

13 were discussing before?

14

A. Yes.

14

A. Yes.

15

Q. And it also says that when you complained about

15

Q. And the next sentence it says, shortly after this

16 extra work, he angrily declared that she would do

16 threatening comment, Brinson resigned due to the

17 whatever he directed her to do or he would fight her

17 aforementioned treatment.

18 like a man. Is that what you told me about earlier?

18

A. Yes.

19

19

Q. Is that why you resigned?

A. Yes.

20

MS. KEILLER: Okay. Thank you.

20

A. Yes.

21

Exhibit Number 4.

21

Q. Did anyone ask you to resign?

22

A. No.

22

(EXHIBIT NUMBER 4 WAS MARKED FOR IDENTIFICATION)

BLOCKBUSTER.transcript.brinson

Pages 37 - 40

Page 41

1

Q. Did anybody suggest to you that you should

Page 43

1 remember exactly who, but I do remember racial comments

2 resign?

2 being said. Things as far as being like -- how exactly

3

A. No.

3 did he say it? They're dirty, things of that nature,

4

Q. Do you understand what I mean by that?

4 which I believe to be racial.

5

A. Yes, I do.

5

Q. And when you say "they're," who is the they're?

6

Q. Okay. And the last sentence in that paragraph,

6

A. I don't know. I never heard a specific race

7 prior to her resignation, on at least four occasions

7 being said or anything of that nature, but I've just

8 Brinson reported Johnson's sexual harassment and

8 heard things of like they are and things like that.

9 discrimination to Lincoln Barrett, who apparently took

9 They'll do anything for nothing, things like that.

10 no action. Is that -- are those the same times you were 10

Q. Do you know who made those comments?

11 speaking of before?

11

A. Yes, management, talking amongst each other.

12

A. Yes, that is correct.

12

Q. And which members of management?

13

Q. Other than everything you've already told us, are

13

A. Taj, Linc and I don't remember the other

14 there any other sexual comments, touching or any other 14 gentleman's name.
15 incidents that you can think of?

15

16

A. Not at the moment.

16 see anyone touch Dolores?

17

Q. When you worked at Blockbuster, did you know

17

A. I can't even place her face, so I can't recall.

18 about the ethics line, hotline?

18

Q. Okay. Do you remember Niema Fields?

19

A. No, I didn't.

19

A. No.

20

Q. Do you know Lolita Gonzalez?

20

Q. Do you remember Elizabeth Ledesma?

21

A. I don't recall.

21

A. No.

22

Q. Do you know Dolores Gonzalez?

22

Q. Do you remember Milagros Ledesma?

Q. Now, the mother, Dolores Gonzalez, did you ever

Page 42

Page 44

1

A. Those are mother and daughter?

1

A. No.

2

Q. Yes.

2

Q. Do you remember Michelle Despertt?

3

A. I remember vaguely.

3

A. Vaguely.

4

Q. Did you ever see -- well, let's take Lolita first

4

Q. Did you ever see anyone touch Michelle?

5 who is the daughter. Did you ever see anyone touch

5

A. In all honesty, I was concerned about myself and

6 Lolita?

6 just becoming a recluse where I didn't really pay

7

A. Yes.

7 attention to anything.

8

Q. Who?

8

Q. Do you remember Emetem Nkwetta?

9

A. Taj.

9

A. Who?

10

Q. Did you ever hear anyone make sexual comments to

10

Q. I'll take that as a no.

11 Lolita?

11

12

A. No, I didn't actually hear.

12

spelled E-M-E-T-E-M. Last name is spelled

13

Q. Did you -- excuse me one second.

13

N-K-W-E-T-T-A.

14

Did you ever hear anyone make racial comments

14

MS. KEILLER: Emetem, and the name is

THE WITNESS: Definite no.

15 towards Lolita?

15 BY MS. KEILLER:

16

16

Q. Okay. Do you remember a Grisel Nunez?

17 towards her, I do not remember.

17

A. No.

18

Q. What were the racial comments that you heard?

18

Q. Do you remember Lita Zubiate?

19

A. I don't actually recall the actual comments word

19

A. No.

A. I've heard racial comments, but specifically

20 for word.

20

21

Q. Who were those comments directed to?

21

22

A. Different people in the facility. I can't

22 BY MS. KEILLER:

BLOCKBUSTER.transcript.brinson

MS. KEILLER: Name is spelled L-I-T-A. Last
name is spelled Z-U-B-I-A-T-E.

Pages 41 - 44

Page 61

Page 63

1 around people. I don't come out much. The only times I 1

to clarify Ms. Brinson's testimony.

2 do come out is when I have set up an interview for a job

2

I'll try to be brief, Ms. Brinson.

3 or if I have to go to the doctor. I don't -- I don't

3

THE WITNESS: Okay.

4 really leave the house. I stay in the house, and I mind

4

5 my business. That way I won't be in the wrong place at

5 BY MR. PHILLIPS:

6 the wrong time. And that's how I be.

6

7

7 interviewed by anybody about your complaints. And I

Q. Other than what you've already testified to, is

EXAMINATION
Q. You were asked earlier whether you were

8 there any other emotional pain that you can think of?

8 wanted to get a little more specific in that regard,

9

9 because you weren't 100 percent sure on your testimony.

A. Just that it upsets you; it pisses you off. It

10 shows you that some people take their authority and turn 10 So, I wanted to ask you, first, did anyone from
11 it into what they want it to be and try to get their own

11 Blockbuster ever question you about sexual harassment?

12 -- I don't know what the word to use. They try to get

12

A. I don't recall.

13 what they want out of just having the authority or

13

Q. Did Lincoln Barrett ever follow up -- ask

14 feeling like they have the authority.

14 follow-up questions of you when you made complaints to

15

15 him?

And just men in general, like with Linc, for

16 example, he didn't say anything or do anything about any 16

A. No, he didn't.

17 of the complaints that I myself had made. And I know I

17

Q. Did -- okay. Did you ever speak with anyone from

18 wasn't crazy, you know. And it just pisses you off. It

18 Blockbuster Corporate, anybody above Lincoln Barrett's

19 upsets you. It makes you feel like damn, what am I

19 level?

20 supposed to do? Where am I supposed to work? Can I 20

A. I don't recall.

21 trust anybody? That's what it makes you feel like.

Q. Okay. Were you ever informed by Blockbuster that

22

21

Q. Do you know of anyone else that made complaints 22 it had a policy against sexual harassment?
Page 62

Page 64

1 about Taj?

1

A. By Blockbuster?

2

2

Q. Yes.

3 documents.

3

A. No, I don't recall.

4

4

Q. Were you ever informed by Blockbuster about the

A. I only know based upon what I see in these

(EXHIBIT NUMBER 5 WAS MARKED FOR IDENTIFICATION)

5 BY MS. KEILLER:

5 procedure for complaining about sexual harassment?

6

6

Q. Have you ever seen this document before?

7
8
9

A. I don't recall.

MS. KEILLER: Review it.

7

MR. PHILLIPS: Okay. No further questions.

8

MR. PHILLIPS: Take your time. Look through
it.

MS. KEILLER: I have just a couple of

9

follow-up questions.

10

(PAUSE)

10

11

MS. KEILLER: Ron, do you need a break?

11 BY MS. KEILLER:

MR. PHILLIPS: I'll be all right, yeah. Off

12

12
13

the record.

EXAMINATION
Q. Did you ever have an orientation when you began

13 your assignment at Blockbuster?

14

(OFF THE RECORD)

14

A. I believe so.

15

MS. KEILLER: Can we go back on the record?

15

Q. Did anyone from Express Personnel inform you of

16

THE WITNESS: I don't recall.

16 their policy against sexual harassment?

17

MS. KEILLER: Okay.

17

A. That I do not recall.

18

THE WITNESS: I honestly do not recall.

18

Q. Did anyone from Express Personnel talk to you

19

I've tried to push all this out of my head. I don't

19 about their procedures for lodging complaints?

20

recall.

20

A. I don't recall that either.
Q. How often did you see Cynthia Brown at the

21

MS. KEILLER: No further questions.

21

22

MR. PHILLIPS: Okay. I just have a couple

22 Gaithersburg facility?

BLOCKBUSTER.transcript.brinson

Pages 61 - 64