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

EQUAL EMPLOYMENT

:

4

OPPORTUNITY COMMISSION,

:

5

Plaintiff,

:

6
7

vs.

:

BLOCKBUSTER, INC.,

8

RWT-07-CV-2612

:

Defendant.

9

:

- - - - - - -

10

DEPOSITION of BARRY FRANCIS

11

Baltimore, Maryland

12

Friday, May 30, 2008

13

9:33 A.M.

14
15
16
17

Job No:

1-130251

18

Pages 1 - 243

19

Reported by:

Barbara A. Conner, R.P.R.

20
21
22

BLOCKBUSTER.transcript.francis

Page 33

Page 35

1

A

To the best of my knowledge.

1

You recall conducting an investigation

2

Q

Do you recall your first internal

2 related to harassment and discrimination at the

3 investigation of an EEO matter? Do you recall when that 3 Gaithersburg warehouse, correct?
4 was?

4

A

Yes.

Q

Do you recall conducting more than one

5

MS. SPEIGHTS: Objection.

5

6

MR. PHILLIPS: That's okay. I'll ask for

6 investigation at that warehouse?

7 elaboration on the objection. What's the nature of the

7

A

Yes.

8 objection?

8

Q

How many investigations did you conduct

9

9 related to activities at that warehouse?

MS. SPEIGHTS: You asked him two questions.

10 You said first "Do you recall it," then you said "Do you

10

A

I don't recall.

11 recall when it was." You're asking him compound

11

Q

Do you recall when the first time you

12 questions. I want to make sure he's answering the

12 conducted an investigation related to the Gaithersburg

13 question that you're putting --

13 warehouse was?

14

14

A

May of '05.

Q

Was that the first internal investigation of

Q

Did you understand the question?

15

MS. SPEIGHTS: Objection.

15

16

MR. PHILLIPS: That's fine.

16 harassment or discrimination that you had conducted at

17

Q

Did you understand my question?

17 Blockbuster?

18

A

I'll ask you to rephrase.

18

A

No.

19

Q

Okay, very good. That's fine. If you don't

19

Q

Do you recall how many you'd conducted prior

20 understand my questions or if they're confusing to you,

20 to that time?

21 please ask me to rephrase and I will do that. Okay?

21

A

I don't recall.

22

22

Q

You attended Lincoln University, is that

A

Yes.
Page 34

1

Q

Do you recall when your first internal EEO

Page 36

1 correct?

2 investigation at Blockbuster was?

2

A

That's correct.

3

A

No.

3

Q

Did you receive a degree from Lincoln

4

Q

Do you recall how long it was after you

4 University?

5 started at Blockbuster when you did your first

5

A

Yes.

6 investigation?

6

Q

What was your degree in?

7

A

No.

7

A

Sociology, minor concentration in human

8

Q

Do you recall conducting an investigation of

8 services.

9 harassment and discrimination at the Gaithersburg,

9

Q

By human services, is that analogous to human

10 Maryland, distribution center?

10 resources?

11

A

Yes.

11

A

12

Q

Did you conduct more than one investigation

I don't know.

12

Q

What is human services?

13 related to that distribution center or just one?

13

A

Additional course requirements under the

14

A

Rephrase the question, please.

14 heading of sociology.

15

Q

How many investigations, internal

15

Q

Since that time, have you taken any courses

16 investigations, of harassment or discrimination did you

16 in human resource management?

17 conduct related to the distribution center in

17

A

Yes.

18 Gaithersburg?

18

Q

How many such courses have you taken?

19

MS. SPEIGHTS: Objection.

19

A

I don't recall.

I'm not understanding your question. I'm

20

Q

Did any of those courses cover the topic of

20

A

21 sorry.
22

Q

21 equal employment opportunity?
Let me rephrase again.

BLOCKBUSTER.transcript.francis

22

A

Yes.
Pages 33 - 36

Page 41

Page 43

1 with your training in Dallas?

1

2

Don't know.

2 University, have you received any other degrees?

MR. PHILLIPS: Just for the record, I would

A

3

Q

Other than your education at Lincoln

3

A

No.

4 request that to the extent that the witness has those

4

Q

Have you ever been discharged from a human

5 materials in connection with the training in Dallas or

5 resources job at any time in the past?

6 any other trainings concerning investigations, that they

6

A

Not to my knowledge.

7 be produced to the EEOC, unless they've been already

7

Q

Could you remind me when you started at

8 produced. And, obviously, if there are any marginalia,

8 Blockbuster, what month and year.

9 we would still want production, but if it's exactly

9

A

10 what's already been produced, then that's fine. If you

10

11 could go ahead and let us know about that, I would

11 break.

12 appreciate it.

12

13

13

May 17, '04.

Q

With respect to the training regarding

MR. PHILLIPS: It's a good time to take a
(Recess.)
Q

Mr. Francis, we talked earlier about the time

14 investigations, can you tell me, if you recall, what

14 period when you had responsibility for locations in the

15 topics were covered regarding investigations.

15 state of Maryland and I didn't ask you during that

16

A

Can you rephrase the question, please.

16 period, I don't think I asked you, specifically what

17

Q

Sure.

17 time frame did you have responsibility for the

18

Can you tell me, can you describe for me what

18 Gaithersburg facility, the Gaithersburg distribution

19 things you were trained to do in those investigation

19 center, so I want to ask you that now. During what time

20 trainings, for what kinds of things you were receiving

20 frame did you have responsibility for the Gaithersburg

21 training.

21 warehouse?

22

22

MS. SPEIGHTS: In all three of the ones,

MS. SPEIGHTS: Objection.

Page 42

Page 44

1 Dallas, Webinars and conferences?

1

2

2

MR. PHILLIPS: Yes, and it's not clear if

You can answer.
A

I never had responsibility for the

3 it's three. It might be more than that.

3 Gaithersburg location.

4

4

MS. SPEIGHTS: Three categories, is what I'm

Q

So, was your role at the Gaithersburg

5 saying.

5 distribution center limited to conducting the

6

6 investigations you referenced in your testimony earlier?

7

MR. PHILLIPS: Right, right, right.
Q

Yes, let's take them one at a time. Let's

7

A

That's correct.

8 start with the Dallas training. Can you tell me what

8

Q

Was there someone else at Blockbuster, to

9 was covered during that training.

9 your knowledge, that had general human resource

10

A

Investigation of witnesses, interviewing of

10 responsibility for the Gaithersburg distribution center

11 the witnesses, interviewing of the complainant.

11 during that time frame?

12

Q

Anything else that you recall?

12

A

Can you rephrase that question, please.

13

A

Not to my recollection.

13

Q

Sure.

14

Q

Then the Webinar training, can you recall

14

Was there someone else in HR who performed

15 what aspects of investigation were covered?

15 duties regarding the Gaithersburg distribution center

16

A

The same.

16 during the time frame you were conducting investigations

17

Q

The same as you've already testified to just

17 there?

18 now?

18

A

Yes.

19

A

Yes.

19

Q

Who was that person?

20

Q

And in the conference calls, can you tell me

20

A

First name, Jennifer; I don't remember the

21 what topic related to investigations was covered.

21 last name.

22

22

A

The same as my prior testimony.

BLOCKBUSTER.transcript.francis

Q

Jennifer Fitzgerald?
Pages 41 - 44

Page 45

Page 47

1

A

That's correct.

1

2

Q

Where was her office located?

2 that correct?

3

A

I don't know.

3

A

To my knowledge.

4

Q

Do you know who her supervisor was?

4

Q

What was his title?

5

A

No.

5

A

I don't know.

6

Q

Do you know what her title was?

6

Q

Do you know what his job was?

7

A

No.

7

A

Can you rephrase the question, please.

8

Q

Do you know why you were called on to conduct 8

Q

9 investigations at the Gaithersburg distribution center

Q

9

Mr. Barrett was employed at Blockbuster, is

Sure.
Do you know what duties Mr. Barrett performed

10 rather than Ms. Fitzgerald?

10 for Blockbuster?

11

A

Because I was local HR to the facility.

11

A

He oversaw the distribution center.

12

Q

So, Ms. Fitzgerald, then, was not local?

12

Q

So, Mr. Barrett was the on-site manager of

13

A

That's correct.

13 the distribution center?

14

Q

Do you know what state she was located in at

14

A

That's correct.

15 the time?

15

Q

Was there any manager above Mr. Barrett in

16

A

No.

16 the chain of command who was physically located at the

17

Q

I just want to make sure I'm clear. You

17 Gaithersburg center at the time you were conducting

18 performed no duties related to the Gaithersburg

18 investigations there?

19 distribution center, other than the investigations you

19

A

Can you restate it, please.

20 referenced earlier in your testimony, is that correct?

20

Q

Sure.

21

A

That is correct.

21

22

Q

Did someone supervise you in those

22 investigations of the Gaithersburg center, were there

At the time you were conducting

Page 46

Page 48

1 investigations?

1 any managers other than Mr. Barrett who were physically

2

A

Would you rephrase the question, please.

2 located there?

3

Q

Sure.

3

A

Not to my knowledge.

4

Q

And you talked about Mr. Barrett having

4

Was there someone who supervised your

5 investigations at the Gaithersburg center?

5 oversight responsibility for the distribution center.

6

A

No, not to my knowledge.

6 Can you elaborate on that? Did you come to know what

7

Q

And during those investigations, did you have

7 his specific duties were at the distribution center?

8 occasion to communicate with a gentleman named Scott 8

MS. SPEIGHTS: Objection.

9 Collen?

You can answer.

9

10

A

Yes.

10

A

Not to my knowledge.

11

Q

And what was Scott Collen's title at the

11

Q

As part of your job as the regional human

12 time?

12 resources manager at Blockbuster, are you required to

13

A

I'm not sure.

13 understand what the duties of a distribution center

14

Q

What was his role in these investigations, if

14 manager are?

15 any?
16

A

15
I believe he was the overseeing manager of

A

Can you rephrase that question, please.

16

Q

Sure.

17 the distribution center.

17

18

18 understand what a distribution center manager does?

Q

Did Mr. Collen assist you in any of these

Is it part of your job at Blockbuster to

19 investigations at the Gaithersburg center?

19

A

Not to my knowledge.

20

A

Not to my knowledge.

20

Q

And do you know whether Mr. Barrett ever

21

Q

Do you recognize the name Lincoln Barrett?

21 received training in equal employment opportunity, i.e.,

22

A

Yes.

22 harassment and discrimination, while at Blockbuster?

BLOCKBUSTER.transcript.francis

Pages 45 - 48

Page 57

Page 59

1

Q

Do you recall what you told him?

1 Mr. Johnson's discharge during that conversation?

2

A

That I was aware of his separation and that's

2

A

3 all I recall.

3

Q

4

Q

Do you recognize the name Thomas Johnson?

4

5

A

Yes.

5 say to you about Mr. Johnson?

6

Q

Was Mr. Johnson an employee of Blockbuster?

6

A

I don't recall.

7

A

To my knowledge.

7

Q

Although you do recall he told you he was

8

Q

What did Mr. Johnson do at Blockbuster?

8 discharged for performance management issues, correct?

9

A

I believe he was a group lead.

9

A

That I recall.

10

Q

What is a group lead?

10

Q

Do you recall anything beyond that?

11

A

I'm not sure.

11

A

No.

12

Q

Do you know any of the duties or

12

Q

Did you take any notes of this conversation?

13 responsibilities of a group lead?

13

A

I'm sorry; can you rephrase that question.

14

A

No.

14

Q

Yes.

15

Q

Well, first of all, have you ever heard

15

Can you rephrase the question, please.
Yes.
During that conversation, what did Mr. Collen

Did you write any notes regarding this

16 Mr. Johnson referred to as Taj?

16 conversation with Mr. Collen?

17

17

A

No.

18

Q

Did anyone ever show you an action plan

A

18
19

Yes.
MR. PHILLIPS: For the record, that's T-A-J.

Q

Do you know whether Mr. Johnson received

19 related to Thomas Johnson?

20 training in harassment or discrimination while employed 20

A

Not to my knowledge.

21 at Blockbuster?

21

Q

Did anyone ever show you a Blockbuster

22

22 corrective action related to Mr. Johnson?

A

I have no idea.
Page 58

Page 60

1

A

Yes.

2 received training in harassment or discrimination at any

2

Q

How many corrective actions related to

3 time in his life?

3 Mr. Johnson were you shown?

4

A

I have no idea.

4

A

I don't recall.

5

Q

Did you ever know Mr. Johnson outside of

5

Q

Who showed you that corrective action or

1

Q

Do you know whether Mr. Johnson has ever

6 actions?

6 work?
7

A

No.

7

A

My counsel and I reviewed them yesterday.

8

Q

Do you know how Mr. Johnson's employment

8

Q

Apart from the reviewing corrective actions

9 ended at Blockbuster?

9 with counsel, at any time prior to that did you ever see

10

A

He was discharged.

10 any corrective actions related to Thomas Johnson?

11

Q

Do you know why he was discharged?

11

A

I don't recall.

12

A

Performance management issues.

12

Q

Do you recall if Mr. Collen ever showed you a

13

Q

What specific performance management issues?

13 corrective action related to Mr. Johnson?

14

A

I'm not sure.

14

A

I don't recall.

15

Q

How did you come to know that he was

15

Q

Do you know if Mr. Collen ever showed you a

16 discharged for performance management issues?

16 corrective action related to Mr. Barrett?

17

A

A conversation with Scott Collen.

17

A

I don't recall.

18

Q

Is this the same conversation that you

18

Q

Do you recall if anyone has shown you, other

19 testified to earlier regarding Lincoln Barrett also or a

19 than any discussion you had with counsel yesterday, do

20 different conversation?

20 you recall if anyone has shown you a corrective action

21

A

Same conversation.

21 related to Mr. Barrett in the past?

22

Q

And what did Mr. Collen say to you about

22

BLOCKBUSTER.transcript.francis

A

I don't recall.
Pages 57 - 60

Page 65

Page 67

1

A

Yes.

2 in discrimination?

2

Q

Was Mr. Tutu an employee of Blockbuster?

3

A

No.

3

A

To my knowledge.

4

Q

Did you ever believe that Mr. Johnson had

4

Q

Did Mr. Tutu work at the Gaithersburg

1

Did you ever believe Mr. Johnson had engaged

5 engaged in harassment of employees?

5 warehouse?

6

A

No.

6

A

To my knowledge.

7

Q

Are you aware of any communications with

7

Q

Do you know what his job was?

8 anyone where they expressed the view that they believed

8

A

To my knowledge, a group leader.

9 Mr. Johnson had engaged in harassment or discrimination?

9

Q

Do you know if he was considered coequal with

10

MS. SPEIGHTS: Objection.

10 Mr. Johnson or was one of them considered to be over,

11

You can answer.

11 have authority over the other?

12

MR. PHILLIPS: Compound? Is that compound?

12

13

MS. SPEIGHTS: Yes.

13

14

MR. PHILLIPS: Okay.

14

15

Q

A

I have no idea.
MS. SPEIGHTS: Objection.

Q

And do you know whether Mr. Tutu ever

15 received training of any kind in harassment or

Let's take them one at a time. Are you aware

16 of any communications with anyone where they expressed

16 discrimination while employed at Blockbuster?

17 the belief that Mr. Johnson had engaged in harassment?

17

A

I have no idea.

18

18

Q

And do you know whether he's ever received

MS. SPEIGHTS: You mean anyone at

19 Blockbuster?

19 that training outside of Blockbuster?

20

20

A

I have no idea.

MR. PHILLIPS: Anyone.

21

A

Yes.

21

Q

Did you know Mr. Tutu outside of work?

22

Q

Were these managers or were these lower level

22

A

No.

Page 66

Page 68

1 personnel?

1

Q

Do you know how Mr. Tutu's employment ended

2

A

Lower level personnel.

2 at Blockbuster?

3

Q

So, for example, Mr. Collen never expressed

3

A

No.

4 the view to you that he thought Mr. Johnson had engaged

4

Q

Do you know whether Mr. Tutu was ever

5 in harassment?

5 counseled or disciplined for harassment at Blockbuster?

6

A

No.

6

A

I don't know.

7

Q

Did any manager at Blockbuster ever express

7

Q

Do you know whether he was ever counseled or

8 the view to you that they thought Mr. Johnson had

8 disciplined for discrimination at Blockbuster?

9 engaged in discrimination of any kind?

9

A

I don't know.

10

Q

Was Mr. Johnson ever counseled or disciplined

10

A

I'm sorry; could you repeat the question,

11 for harassment while employed at Blockbuster?

11 please.
12

Q

13

Yes.
Did anyone at Blockbuster -- let's take it

12

A

Not to my knowledge.

13

Q

Was Mr. Johnson ever counseled or disciplined

14 more general -- did anyone at Blockbuster express their

14 for discrimination while at Blockbuster?

15 view that Mr. Johnson had been engaging in

15

A

Not to my knowledge.

16 discrimination of any kind?

16

Q

Was Mr. Barrett ever counseled or disciplined

17

A

Not to my knowledge.

17 for harassment while at Blockbuster?

18

Q

So, to your knowledge, then, Mr. Johnson's

18

A

Not to my knowledge.

19 discharge was not the result of harassment or

19

Q

And was Mr. Barrett ever counseled or

20 discrimination allegations against him?

20 disciplined for discrimination while he was at

21

A

Not to my knowledge.

21 Blockbuster?

22

Q

Are you familiar with the name Kofi Tutu?

22

BLOCKBUSTER.transcript.francis

A

Not to my knowledge.
Pages 65 - 68

Page 93

1

Q

As a part of your duties as a regional human

Page 95

1 ability to communicate in English?

2 resource manager, are you required to, by Blockbuster,

2

A

3 to check and make sure that permanent Blockbuster

3

Q

Do you recall which workers?

4 employees working within your territory have received

4

A

Can you rephrase the question, please.

5 the harassment and discrimination training?

5

Q

Yes.

6

A

Can you rephrase the question.

6

7

Q

Yes.

7 were limited in their ability to communicate in English?

8

Is it part of your job at Blockbuster to

Yes.

Do you recall which workers you came to know

8

9 check to make sure that people receive the harassment

A

No.

9

Q

Did you ever have a listing of those

10 and discrimination policy training?

10 individuals anywhere, like a list of names?

11

A

No.

11

A

No.

12

Q

Do you know whose job that is?

12

Q

Did you determine what their first languages

13

A

Their immediate supervisor, employee's

13 were?

14 immediate supervisor.

14

A

No.

15

15

Q

Other than English, did you know what

Q

So, for example, with respect to Mr. Barrett,

16 it would have been Mr. Collen, correct?

16 languages they communicated in?

17

A

I can't speculate. I don't know.

17

18

Q

At the time, though, Mr. Collen was

18 whom?

MS. SPEIGHTS: Objection. Communicated to

19 Mr. Barrett's immediate supervisor, correct?

19

MR. PHILLIPS: To anyone.

20

A

That's correct.

20

MS. SPEIGHTS: Objection.

21

Q

During the time frame that you were visiting

21

Q

Did you know what languages they spoke, apart

22 the Gaithersburg center, was there a procedure in place 22 from English?
Page 94

Page 96

1 for temporary workers to register complaints about

1

A

2 harassment or discrimination?

2

Q

Did you ever ask anyone?

3

A

I'm sorry; can you repeat the question.

3

A

I don't recall.

4

Q

Yes.

4

Q

Do you recall how you came to know that any

5

At the time that you were visiting the

No.

5 of these workers were limited in their ability to

6 Gaithersburg center, are you aware of any procedure that

6 communicate in English?

7 was put in place for the temporary workers to make

7

A

From the representative from the agency.

8 complaints about harassment or discrimination?

8

Q

Who was the representative?

9

A

Not to my knowledge.

9

A

I knew her as Cinnie.

10

Q

You mentioned earlier that there was, I

10

Q

Cinnie Brown?

11 believe the phrase you used was, there was some language

11

A

Okay.

12 barrier with some of the workers at the Gaithersburg

12

Q

Don't guess.

13 center. Are you referring to workers who were limited

13

A

I don't recall.

14 in English proficiency, but spoke Spanish?

14

Q

Okay, but you knew her as Cinnie?

15

A

No.

15

A

Yes.

16

Q

First of all, do you recall what languages

16

MR. PHILLIPS: C-I-N-N-I-E.

17 were spoken at the Gaithersburg center among the

17

18 workers?

18 Personnel?

19

19

A

That's correct.

Q

Are you aware of anyone, other than yourself,

MS. SPEIGHTS: Objection.

Q

And she was a representative from Express

20

A

No.

20

21

Q

Did you ever come to know that any of the

21 conducting investigations of harassment or

22 workers at the Gaithersburg center were limited in their

BLOCKBUSTER.transcript.francis

22 discrimination related to the Gaithersburg warehouse?
Pages 93 - 96

Page 105

Page 107

1

A

Yes.

1

Do you know of Ms. Wing ever complaining

2

Q

Other than in communications with your

2 about her work at Gaithersburg?

3 counsel, had you heard that name before?

3

A

No.

4

A

No.

4

Q

Are you familiar with the name Lolita

5

Q

So, you are not aware of whether or not

5 Gonzales?

6 Ms. Fields made a complaint of harassment or

6

A

Yes.

7 discrimination?

7

Q

When was the first time that you heard of

8

A

Not to my recollection.

8 Lolita Gonzales?

9

Q

Another individual who worked at that center

9

A

I don't recall.

10 named Michelle Despertt, last name spelled

10

Q

Do you recall how you became aware of Lolita

11 D-E-S-P-E-R-T-T, have you ever heard that name before,

11 Gonzales? What was it in connection with?

12 other than in connection with discussions with counsel?

12

A

The EEOC charge.

13

A

Yes.

13

Q

Do you recall a worker named Elizabeth

14

Q

When was the first time that you heard of

14 Ledesma, L-E-D-E-S-M-A?

15 Ms. Despertt?

15

A

Not to my knowledge.

16

16

Q

Are you familiar with the name Emeten

A

Ms. Brown shared the name with me when we

17 Nkwetta, N-K-W-E-T-T-A?

17 met.

18

A

Yes.

19 Ms. Brown?

19

Q

Was she also known as Blyth, do you know?

20

A

Yes.

20

A

I have no idea.

21

Q

What did she tell you about Ms. Despertt?

21

Q

How did you come to know of Ms. Nkwetta?

22

A

I don't recall.

22

A

I spoke with her when I did my investigation.

18

Q

She shared the name with you when you met

Page 106

1

Q

Did Ms. Despertt make a complaint of sexual

Page 108

1

Q

Are you familiar with a worker named Victor

2 harassment?

2 Ruiz?

3

A

I don't recall.

3

A

I'm not sure.

4

Q

Did anyone ever provide you with any

4

Q

Did you ever know of a worker named Grisel

5 information regarding allegations made by Michelle

5 Nunez?

6 Despertt of sexual harassment?

6

A

7

A

I don't recall.

7

Q

How did you come to know of Ms. Nunez?

8

Q

Did anyone ever provide you with information

8

A

Oh, I believe I spoke with her.

9

Q

Spoke with her about what?

10

A

During the investigation.

Q

And at any time did you become aware of an

9 regarding allegations of sexual harassment made by Niema
10 Fields?

Yes.

11

A

Not to my knowledge.

11

12

Q

Do you recall knowing of a worker named Say

12 anonymous hotline complaint regarding harassment or

13 Wing, S-A-Y Wing?

13 discrimination issues at the Gaithersburg facility?

14

A

Yes.

14

15

Q

Do you know whether Ms. Wing ever made a

15

A

I don't recall.
MR. PHILLIPS: I'll mark this as Francis

16 complaint of sexual harassment?

16 exhibit 1.

17

A

I don't recall.

17

18

Q

Do you recollect Ms. Wing ever making a

18 1 for identification.)

(Corrective Action Record was marked Exhibit

19 complaint of any kind in connection with her work in

19

20 Gaithersburg?

20 1, just to determine if you recognize it, and then let

21

A

Can you rephrase the question, please.

21 me know when you're done, please.

22

Q

Yes.

22

BLOCKBUSTER.transcript.francis

Q

A

Go ahead and take a look at Francis exhibit

Yes.
Pages 105 - 108

Page 125

Page 127

1

A

Can you restate the question.

1

2

Q

Yes.

2 this investigation that you conducted at the

3

Prior to yesterday, did you receive any

I wanted to ask you some questions now about

3 Gaithersburg center in May of 2005 and I guess I wanted

4 documentation of any kind concerning a complaint of

4 to start by first asking you what facts precipitated

5 sexual harassment by Michelle Despertt?

5 that investigation; in other words, what caused you to

6

A

Not to my knowledge.

6 conduct that investigation.

7

Q

Prior to yesterday, did you receive any

7

A

A discussion with Cinnie Brown.

8 documentation of any kind concerning an investigation of 8

Q

Was anyone else present during that

9 a complaint of sexual harassment by Michelle Despertt?

9 discussion?

10

A

Not to my knowledge.

10

A

11

Q

Have you ever communicated directly with

11 Scott Collen.
Q

Another gentleman from the agency, as well as

12 Michelle Despertt?

12

And the other gentleman from the agency, are

13

A

No.

13 you referring to Drew Lenear?

14

Q

Have you ever asked anyone to communicate on 14

A

I have no idea.

Q

What was your understanding of his position

15 your behalf with Michelle Despertt?

15

16

Not to my knowledge, no.

16 at Express Personnel?

MR. PHILLIPS: This will be Francis exhibit

17

A

18

Q

Meaning Ms. Brown's supervisor?

19

A

Yes.

20 identification.)

20

Q

Where did this discussion take place?

21

21

A

In their office.

22

Q

In the Express offices?

A

17
18 5.
19

(E-mail was marked Exhibit 5 for
Q

The same drill, Mr. Francis, please read it

22 and let me know when you're done.

Supervisor.

Page 126

Page 128

1

A

I'm finished.

1

A

2

Q

Sir, other than what you may or may not have

Yes.

2

Q

And where were their offices located?

3 seen yesterday, do you recall ever seeing this document

3

A

I believe in Towson, Maryland.

4 marked exhibit 5?

4

Q

Did you go to their offices in Towson,

5

A

I don't recall.

5 Maryland, for the expressed purpose of discussing the

6

Q

And having read this document, does this

6 issues that you then, in fact, discussed during that

7 refresh your recollection as to whether anyone provided

7 conversation?

8 you with information concerning a complaint of sexual

8

A

I'm sorry; can you rephrase the question.

9 harassment by Michelle Despertt, beyond what you've

9

Q

Yes.

10 already testified to?

10

Was it your purpose, in going to that office,

11

A

No, it doesn't refresh.

11 to discuss these matters or did you go there for some

12

Q

And does this refresh your recollection as to

12 other reason and then these matters were brought to your

13 whether you were provided any documentation concerning a

13 attention?

14 complaint by Michelle Despertt of sexual harassment?

14

A

No, to discuss these matters.

15

15

Q

What were you told?

A

No, it doesn't.

16

MR. PHILLIPS: We're done with that.

16

17

It's five minutes to 1. Let's go ahead and

MS. SPEIGHTS: Before going?

17

MR. PHILLIPS: No.

18 take a lunch break, with everybody's consent.

18

19

MS. SPEIGHTS: Okay.

19 with Ms. Brown, her supervisor and Scott Collen?

20

(Luncheon recess.)

20

A

I don't recall specifically.

21

Q

Do you have any general recollection of what

21

Q

All right, Mr. Francis. We're back from

22 lunch.

BLOCKBUSTER.transcript.francis

Q

What were you told during this conversation

22 was said?

Pages 125 - 128

Page 129

1

A

Page 131

Some employee issues at the location and some 1

Q

And where do you generally keep these notes?
In an investigative file.

2 management issues at the location.

2

A

3

3

Q

Q

Do you recall what specific employee issues

In an investigative file, okay.

4 at the location?

4

5

A

Not specifically, no.

5 to the investigation that you conducted at the

6

Q

Do you recall what specific management issues

6 Gaithersburg warehouse in May of 2005?

Did you create an investigative file relating

7 at the location?

7

A

Yes.

8

A

No, I don't.

8

Q

And do you recall what the contents of that

9

Q

Do you have a recollection of anything else

9 investigative file were?

10 that was said during that conversation?

10

A

No, I don't recall.

11

11

Q

And can you tell me, as I understand your

A

No more than seeing I would plan a visit out

12 to the location.

12 testimony, you've conducted a number of other harassment

13

13 or discrimination investigations, as well as other kinds

Q

And by the location, we're referring to the

14 Gaithersburg warehouse?

14 of investigations. As a general practice, what kinds of

15

A

That's correct.

15 documents do you create for the investigative file?

16

Q

Did you take any notes of that conversation,

16

A

Interview notes, any follow-up visits,

17 either during the conversation or afterwards?

17 wellness visits, if necessary.

18

A

Can you rephrase the question.

18

Q

Anything else?

19

Q

Yes.

19

A

That's all I recall at this time.

20

Q

And on occasions where you have created an

20

At any time did you commit to writing any

21 information that you gathered from that conversation

21 investigative file, where is it kept?

22 that you're referencing in your testimony?

22

A

In my office or residence.

Page 130

Page 132

MS. SPEIGHTS: Objection.

1

Q

Oh, you have a home office?

You can answer.

1

2

A

Referring to my store location.

3

A

Not to my knowledge.

3

Q

Got it. Okay.

4

Q

So, you did not create a record of what you

4

2

And do you recall maintaining any

5 were told during that conversation?

5 investigative files regarding the Gaithersburg center,

6

A

I don't recollect.

6 any investigative files at all?

7

Q

Is it your general practice to take notes of

7

A

Yes.

8 conversations with individuals involving employee and

8

Q

And do you recall specifically maintaining an

9 management issues at a given location?

9 investigative file regarding your May 2005

10

A

I'm sorry; can you rephrase the question.

10 investigation?

11

Q

Yes.

11

A

Yes.

12

Q

And do you know where that file is now?

13 that you have regarding employee issues or management

13

A

I believe it's been turned over to counsel.

14 issues at a Blockbuster location?

14

Q

When was the last time you saw the file?

15

A

Yes.

15

A

I don't recall.

16

Q

And when you take such notes, do you provide

16

Q

Do you know when it was turned over to

12

Do you generally take notes of conversations

17 those notes to anyone, as a general practice?

17 counsel?

18

A

I don't understand your question.

18

A

I don't recall.

19

Q

Yes.

19

Q

Do you know why it was turned over to

20

When you take notes of this kind of

20 counsel?

21 conversation, do you provide those notes to anyone?

21

A

It was at the request of counsel.

22

22

Q

Which counsel?

A

No.

BLOCKBUSTER.transcript.francis

Pages 129 - 132

Page 133

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

A Blockbuster counsel.
Q Blockbuster in-house counsel?
A Yes.
Q Was this Heather Kramer?
A I don't recall.
Q Was it Mr. Stevenson?
A I don't recall.
Q And I think you said you don't recall what
was in that file, is that correct?
A That's correct.
Q Did you turn that file over to counsel within
the last year?
A I don't recall.
Q Were you asked to turn over that file in
connection with a charge of discrimination filed by
Lolita Gonzales?
A Yes.
Q Do you know where such files are kept at
Blockbuster corporate?
A I have no idea.
Q Did you keep copies of the file?
A No, I did not.

Page 135

1 files?
2

A

Not to my knowledge.

3

MR. PHILLIPS: To my knowledge, we have not

4 received, the EEOC has not received production of an
5 investigative file.
6

MS. SPEIGHTS: You have received the contents

7 of Mr. Francis's entire file.
8

MR. PHILLIPS: Okay.

9

MS. SPEIGHTS: Okay?

10

MR. PHILLIPS: All right.

11

MS. SPEIGHTS: And we have no obligation to

12 produce it as a file under Rule 3334.
13

MR. PHILLIPS: I will accept your

14 representation. I will accept your representation that
15 I have received all contents -16

MS. SPEIGHTS: You have.

17

MR. PHILLIPS: -- of the investigative file.

18

Q

At any time prior to production of the

19 investigative file regarding the May 2005 investigation,
20 did you take any documents out of that file?
21

A

I'm sorry; can you rephrase the question.

22

Q

Yes.

Page 134

1

Q

Did you ever make any copies of anything from

Page 136

1

Do you recall at any time, prior to giving

2 the file?

2 the file to counsel, taking any documents out of that

3

A

Not to my recollection.

3 file?

4

Q

Is it Blockbuster policy that you maintain

4

A

I don't recall, so, no.

5 the files until they're requested by counsel?

5

Q

So, is it fair to say that you believe that

6

6 you gave the entire investigative file that you created

MS. SPEIGHTS: Objection.

7

Q

You can answer.

7 to counsel?

8

A

I'm not understanding the question; I'm

8

A

That's an accurate statement, yes.

9

Q

Do you recall which employees were involved

9 sorry.
10

Q

11

Sure.
Can you tell me, does Blockbuster have a

10 in these employee issues that were referenced in this
11 conversation with Cinnie Brown, her supervisor and Scott

12 policy regarding who maintains custody of investigative

12 Collen?

13 files?

13

A

No, I don't recall.

14

Q

Do you recall which managers were involved in

14

A

Can I ask you to rephrase the question,

15 please.
16

Q

17

15 these issues involving management at the location?

Sure.
Are you aware of any policies at Blockbuster

16

A

Yes, Barrett and Johnson.

17

Q

Do you recall what it was about Barrett that

18 concerning the person who is to maintain possession of 18 caused him to be involved in this issue? Was there a
19 the investigative file?

19 complaint about Mr. Barrett?

20

A

Not to my knowledge.

20

A

Can you rephrase the question.

21

Q

Are you aware of any Blockbuster policies at

21

Q

Yes.

22 all regarding recordkeeping concerning investigative

22

BLOCKBUSTER.transcript.francis

I mean, to your knowledge, was there a

Pages 133 - 136

Page 141

Page 143

1 complaint?

1

A

I don't recall.

2

A

The allegation, yes.

2

Q

Do you know whether Mr. Barrett observed you

3

Q

Anything else?

3 present in the facility? Did you see him looking at

4

A

No.

4 you?

5

Q

But you don't recall reviewing any statements

5

A

I don't recall.

6 in preparation for this particular set of interviews?

6

Q

Did you see Mr. Johnson when you arrived at

7

A

Not to my recollection.

7 the facility?

8

Q

Before you conduct interviews of this kind,

8

MS. SPEIGHTS: Again, go to speak with him?

9

MR. PHILLIPS: No, this I'll be more general.

9 do you generally do anything else in preparation for the
10 interviews, other than to potentially review a complaint

10

Q

Did you put eyeballs on him?

11 document?

11

A

I don't recall.

12

12

Q

Now, you mentioned that Ms. Brown went and

A

I'm not understanding your question; I'm

13 sorry.
14

Q

13 picked the employees to interview, correct?
Other than reviewing a complaint document,

14

A

Yes.

15 have you ever done anything else in preparation for

15

Q

Did you have any discussion with her at any

16 interviews of this kind?

16 time about which employees would be picked to be

17

A

Not to my knowledge.

17 interviewed?

18

Q

So, now we're at the Gaithersburg warehouse.

18

A

I believe so, yes.

19 Well, first of all, who arrived first, you or Ms. Brown?

19

Q

What was discussed during that conversation?

20

A

I don't recall.

20

A

The conversation that I had with her was to

21

Q

But eventually the two of you met up,

21 not just pick anyone who had complained, but to pick

22 correct?

22 other individuals as well so we could mix the grouping
Page 142

Page 144

That's correct.

1 up as to not give an impression it was just this person,

Q

What was the first thing that you did?

2 that person or group of individuals.

A

We reviewed the document, the, I guess, the

3

1

A

2
3

Q

Didn't want to put a big scarlet letter on

4 questionnaire.

4 the complainant and parade them out in front of

5

Q

What was the next thing you did after that?

5 everyone, basically?

6

A

Ms. Brown went and selected individuals to

6

A

7 come in.

7

Q

Do you recall who you interviewed first?

8

8

A

No.

9

Q

Who asked the questions during the

Q

I used the term "input" earlier. I want to

9 be just more specific. Did you discuss any of the

That's correct.

10 questions with Ms. Brown before they were asked?

10 interviews?

11

A

I don't recall.

11

A

We both did.

12

Q

So, before you showed up at the warehouse,

12

Q

And did you limit your questions to the

13 did anyone notify anyone at the warehouse that you were 13 script, to the questions that were written?
14 coming?

14

A

Yes.

15

A

Not to my knowledge.

15

Q

And do you recall how many people were

16

Q

Before you began conducting interviews, did

16 interviewed?

17 you see Mr. Barrett?

17

A

I don't recall how many, no.

18

18

Q

Did you take any notes of these interviews,

MS. SPEIGHTS: You mean visibly see him or

19 speak with him?

19 you personally?

20

20

21

MR. PHILLIPS: Right.
Q

Did you go to Mr. Barrett? Did you go to

22 talk to him?
BLOCKBUSTER.transcript.francis

A

As outlined on the questionnaire, but no

21 additional notes, no.
22

Q

But you wrote in the employee's responses to
Pages 141 - 144

Page 145

Page 147

1 the questions on the questionnaire?

1 office?

2

A

We both did, yes.

2

A

From Mr. Barrett's office, yes.

3

Q

And did you do that with respect to every

3

Q

Did you observe Ms. Brown summoning the

4 employee that the two of you interviewed?

4 employees to the office? Do you know how she did that?

5

A

I believe so.

5

A

No. I stayed out of the room.

6

Q

And what did you do with those notes after

6

Q

Closed door interviews?

7 the interviews were completed?

7

A

Yes.

8

A

Can you rephrase the question; I'm sorry.

8

Q

While these interviews were going on, did you

9

Q

Yes.

9 have any contact with Mr. Barrett?

10

What happened to the notes?

10

A

No.

Q

Did you see Mr. Barrett during, and I mean

11

A

My notes went to my investigative file.

11

12

Q

They did, okay.

12 literally, did you see him at any time while these

13

Would you say the questioning was divided

13 interviews were being conducted?

14 evenly between you and Ms. Brown or did one of you do 14

A

I don't recollect.

15 more of the questioning than the other?

15

Q

Did you see Mr. Johnson at any time while

16

16 these interviews were being conducted?

A

Based on the language barrier, she would do

17 more, or comfort level with the employee.

17

A

18

18

Q

Q

Did any of the questioning take place in

I don't recollect.
Do you know what Mr. Tutu looks like?

19 Spanish?

19

Bad question. I'll withdraw it.

20

A

I don't recall.

20

Have you ever seen Mr. Tutu?

21

Q

Were any of the questions asked using French? 21

A

I don't remember.

22

A

Ms. Brown with the employees, there were

Q

About how long in total did all of these

22

Page 146

Page 148

1 times when she didn't speak English or use words that

1 interviews last?

2 seemed familiar to me, so they weren't English, but I

2

A

A better part of the day.

3 can't tell you exactly what they were. The person

3

Q

So, more than half the day?

4 understood them.

4

A

Yes.

5

Q

Do you know if Ms. Brown speaks Spanish?

5

Q

Oh, by the way, did you provide any copies of

6

A

I have no idea.

6 your notes to anyone?

7

Q

Do you know if Ms. Brown speaks French?

7

A

Not to my knowledge.

8

A

I have no idea.

8

Q

Did you provide any summaries or

9

Q

Did you ever make any attempt to determine

9 transcriptions of your notes to anyone?

10 what languages Ms. Brown speaks?

10

A

Not to my knowledge.

11

A

No.

11

Q

We'll go back to the employee interviews in a

12

Q

Do you speak any languages other than

12 second, but I want to ask you; at that time, at this

13 English?

13 session at the Gaithersburg warehouse, did you interview

14

A

No.

14 Mr. Barrett?

15

Q

Was anyone present during these interviews

15

A

I'm sorry; could you rephrase the question.

16 other than you, Ms. Brown and the employee being

16

Q

Yes.

17 interviewed?

17

18

A

Not to my recollection.

18

A

I don't believe so.

19

Q

Where were the interviews conducted, where in 19

Q

That day, did you interview Mr. Johnson?

That day, did you interview Mr. Barrett?

20 the facility?

20

A

I don't believe so.

21

A

In another office space a couple doors down.

21

Q

That day, did you interview Mr. Tutu?

22

Q

A couple doors down from Mr. Barrett's

22

A

I don't believe so.

BLOCKBUSTER.transcript.francis

Pages 145 - 148

Page 161

Page 163

1

Q

You can answer.

1 being identified in this or references, that is to say,

2

A

Not to my knowledge.

2 in this first paragraph?
3

A

I have no idea.

4 exhibit, I think we're on, 6.

4

Q

Looking at the second paragraph, "The person

5

5 that made the allegation that one of the leads touched

3

MR. PHILLIPS: This will be marked Francis
(E-mail was marked Exhibit 6 for

6 identification.)

6 her inappropriately," and then in parens, "Say Wing,"

7

7 closed parens, "is still not willing to put anything in

Q

If you can, go ahead, Mr. Francis, take a

8 look at Francis exhibit 6, just read it and let me know

8 writing." Do you recall being told that Say Wing was

9 when you're done, please.

9 complaining that one of the leads touched her?

10

A

I'm finished.

10

A

Not to my recollection.

11

Q

First of all, do you recall that it was May

11

Q

No one ever told you that, that Say Wing had

12 15, 2005 when you and Ms. Brown visited the Gaithersburg

12 alleged a lead had touched her?

13 warehouse? Does that date sound correct?

13

A

No.

14

A

I don't recollect exact date.

14

Q

Is it the general practice at Blockbuster to

15

Q

Do you recall that it was somewhere around

15 ask that complainants put their complaint in writing?

16 the middle of May?

16

MS. SPEIGHTS: Objection.

17

17

You can answer.

A

I have no recollection at all as to when it

18

19

Q

Do you recognize this document, exhibit 6?

A

Yes, it is.

19

18 was.

Q

So, in your experience, it's a general

20 Have you ever seen it before, other than yesterday,

20 practice to ask them to do that?

21 possibly?

21

A

Yes.

22

22

Q

In your experience, have there been times

A

No, I do not.
Page 162

1

Q

Nevertheless, having read exhibit 6 now, does

Page 164

1 where complainants have declined to put anything in

2 this document, any content of it, refresh your

2 writing?

3 recollection as to the specific issues that were being

3

A

Not to my knowledge.

4 investigated at the Gaithersburg warehouse in May 2005?

4

Q

Is there a policy or procedure for what

5

MS. SPEIGHTS: Objection.

5 happens if a complainant declines to put their complaint

6

You can answer.

6 in writing?

7

A

It does not refresh me, no.

7

A

Not to my knowledge.

8

Q

If you could look at the e-mail toward the

8

Q

Would you investigate such a complaint

9 bottom of the first page, from June Davis to Scott

9 anyway?

10 Collen, do you see that? It starts with "Scott." It's

10

A

Yes.

11 on the first page.

11

Q

Let's go to the second page, please, Bates

12

A

Okay.

12 1605. Second paragraph, the sentence starts "The

13

Q

The first line there reads, "The information

13 following." Do you see that?

14 Cinnie Brown obtained from the two temps that they feel

14

A

Yes.

15 they were being discriminated against follow along with

15

Q

"The following was allegedly spoken by

16 Cinnie's general observations." Do you know who the two

16 either," T-A-G, "Taj or Kofi Tutu:" Do you recall that

17 temps are who are referenced there?

17 there was a complaint made concerning Taj or Kofi or

18

A

I have no idea.

18 both?

19

Q

Do you know what Cinnie's general

19

A

Can you rephrase your question.

20 observations were?

20

Q

Yes.

21

A

No, I have no idea.

21

Was someone complaining about Taj's behavior?

22

Q

Do you know what type of discrimination is

22

MS. SPEIGHTS: In connection with his

BLOCKBUSTER.transcript.francis

Pages 161 - 164

Page 165

Page 167

1 investigation?

1

2

2 whether or not someone asked Elizabeth or Lolita out?

MR. PHILLIPS: Yes.

Q

Did your investigation include determining

3

A

Yes.

3 Was that a subject of the investigation?

4

Q

And do you see in the paragraph above that

4

A

I don't recall.

5 there's a reference in the middle of that paragraph to,

5

Q

Do you see where it says, "After that, he

6 "I also spoke with Lolita Gonzales regarding

6 start treating us bad"?

7 discrimination issues she and Elizabeth Ledesma allege"?

7

A

Yes.

8 Do you see that?

8

Q

Did your investigation encompass determining

9

A

Yes.

9 if someone was treating Elizabeth or Lolita bad?

10

Q

Do you recall now that Lolita Gonzales and

10

A

I'm sorry; can you rephrase the question.

11 Elizabeth Ledesma were alleging discrimination of some

11

Q

Yes.

12 kind?

12

Did your investigation involve determining

13

A

No.

13 whether someone had treated Lolita or Elizabeth bad in

14

Q

Was it your understanding at the time that

14 some way?

15 someone was alleging some kind of discrimination?

15

A

I don't recall.

16

16

Q

The sentence underneath that, you see where

MS. SPEIGHTS: Again, at the time of his

17 investigation?

17 it says, "They smell like they smoke weed and drink

18

18 alcohol"? Do you see that?

MR. PHILLIPS: At the time of the

19 investigation, correct.

19

A

Yes.

20

A

Not to my recollection.

20

Q

To your knowledge, did anyone conduct an

21

Q

Toward the middle of the page, the sentence

21 investigation of marijuana or alcohol use?

22 starts, "When LaQuanta," L-A-Q-U-A-N-T-A, "quit." Do

22

A

I don't recall.

Page 166

Page 168

1 you see that sentence?

1

2

A

Yes.

2 with Say Wing. She does not want to write anything down

3

Q

"When LaQuanta quit, she say a lot of things

3 regarding the sexual harassment issue because she fears

Q

Three sentences down, it says, "I also spoke

4 to him and since that day he changed and start treating

4 doing so will get her fired. I asked her to do so even

5 us good." Do you see that sentence?

5 if in French only, but although she said she would fax

6

A

Yes.

6 something to me today, I have not seen it." Do you

7

Q

Do you know who LaQuanta is?

7 recall anyone telling you that Say Wing feared being

8

A

I have no idea.

8 fired regarding the sexual harassment issue?

9

Q

Have you ever had occasion to interview

9

A

I don't recall that.

10 someone named LaQuanta Brinson?

10

Q

Did you ever see a statement from a worker

11

A

Not to my knowledge.

11 named Say Wing?

12

Q

Do you know if anyone ever interviewed

12

A

I don't recall.

13 someone named LaQuanta Brinson?

13

Q

Did the investigation in May 2005 encompass

14

14 determining whether Say Wing had been subjected to

15

MS. SPEIGHTS: Anyone at Blockbuster?
Q

Anyone, period, including Cinnie Brown, or

15 sexual harassment?

16 anyone else.

16

A

17

A

I have no idea.

17

Q

18

Q

Do you see two paragraphs down, there's a

18

I'm sorry; can you restate the question.
Yes.
Did you investigate whether Say Wing had been

19 reference here, "One time he asked Elizabeth and Lolita 19 sexually harassed?
20 out and we say 'No.' After that he start treating us

20

21 bad." Do you see that?

21 not understanding your question.

22

22

A

Yes.

BLOCKBUSTER.transcript.francis

A
Q

I'm sorry; can you restate that again. I'm
Yes.

Pages 165 - 168

Page 169

Page 171

1

A

Not that I can recollect.

2 correct?

2

Q

Did you form any opinion as to why that

3

A

That's correct.

3 atmosphere existed?

4

Q

And was one of the issues investigated

4

A

Yes.

5 whether someone had sexually harassed Ms. Wing?

5

Q

What was your opinion at the time?

6

A

I don't recall.

6

A

That Mr. Barrett was delegating his authority

7

Q

Are you aware of any documents that might

7 out to his group leads.

1

You conducted an investigation in May 2005,

8 refresh your recollection on that?

8

9

A

I'm not aware of any.

9 overseeing their exercise of that authority, is that a

Q

Delegating his authority and then not

10

Q

Down at the bottom of the page, "Generally

10 fair statement?

11 speaking, June, Linc," L-I-N-C, "pretty much is in his

11

A

I'm sorry; can you repeat that again.

12 office and," T-A-J, "Taj and Kofi Tutu are running

12

Q

Yes.

13 things out in the warehouse. I believe there may be an

13

14 atmosphere of intimidation and fear of losing their jobs

14 delegating authority, in your opinion, or was it that he

Was the problem just that Mr. Barrett was

15 by people who speak very little English and are working 15 was delegating authority and then not doing proper
16 up to 70 hours a week...therefore making an excellent

16 oversight?

17 paycheck, by their standards, even though they are

17

18 overworked."

18 authority.

19

Did your investigation in May 2005 include

19

Q

And then he delegated authority to them?

20 determining whether there was an atmosphere of

20

A

That's correct.

21 intimidation or fear of losing people's jobs at the

21

Q

And did your opinion also include that

22 warehouse?

22 Mr. Barrett had delegated authority and then had not

A

It's my understanding the GL's had no

Page 170

Page 172

1

A

Yes.

1 undertaken steps to insure that it was being properly

2

Q

And do you recall what you were told about

2 exercised?

3 that issue by anyone?

3

A

That's fair, yes.

4

A

I don't specifically recall, no.

4

Q

What authority had Mr. Barrett delegated to

5

Q

Did you regard that possible atmosphere of

5 the group leads at that time, in your opinion?

6 intimidation and fear of losing their jobs to be

6

A

7 potential discrimination, at the time did you regard it

7 sorry.

8 as that, possibly?

8

9

A

No.

9

10

Q

Did you form any opinion at the time about,

Q

I'm not understanding your question; I'm
Sure.
You testified that Mr. Barrett had delegated

10 authority to the group leads. I'll rephrase my question

11 first of all, whether that was, in fact, happening at

11 and ask you, what kind of authority?

12 the warehouse?

12

A

Performance management.

13

A

I'm sorry; can you restate the question.

13

Q

And when you reference "performance

14

Q

Yes.

14 management," what are you talking about specifically?

15

At the time did you form any opinion about

15

A

When the employees weren't performing to the

16 whether there was an atmosphere of intimidation and fear

16 standard, whatever that might be, is that they could be

17 about losing jobs at the warehouse?

17 sent home or issued discipline and that wasn't their

18

A

Yes.

18 place.

19

Q

What was your opinion?

19

Q

Or terminated?

20

A

That if persons weren't working up to

20

A

I'm not aware that the terminations were done

21 production levels, they'd be let go.

21 through the GL.

22

22

Q

Did you form any other opinions?

BLOCKBUSTER.transcript.francis

Q

And your basis for forming this conclusion
Pages 169 - 172

Page 177

Page 179

1

A

I don't recall at this time.

1 about how the employees should be selected for interview

2

Q

Do you know how Cinnie Brown selected who was

2 at the Gaithersburg facility?

3 to be interviewed when you did the, I guess we can call

3

4 it, the on-site at the Gaithersburg warehouse with her?

4 testified about?

MS. SPEIGHTS: Other than what he's already

5 Do you know what criteria she used to decide who was

5

6 going to be interviewed, other than what you've already

6 to.

7 said?

7

Q

Yes, other than what you already testified

A

No. It was necessary to definitely get the

8

A

Nothing other than my prior testimony.

8 ones who had formalized a complaint and then Cinnie was

9

Q

Was everyone who was working at the

9 to select other individuals as well and I'm not sure

10 Gaithersburg warehouse at the time present, I mean

10 of -- I knew she knew them, but I wasn't sure of the

11 working shifts at the time that you visited the

11 relationship or why they were selected.

12 Gaithersburg warehouse to conduct your investigation in

12

13 May?

13 interviews that you conduct during investigations of

Q

Is it your usual practice to take notes of

14

MS. SPEIGHTS: Objection.

14 harassment or discrimination?

15

MR. PHILLIPS: Right, that's confusing.

15

A

Yes.

16

Q

Why do you do that?

17 work the day that you went to the Gaithersburg warehouse

17

A

To refresh my memory.

18 to do your interviews?

18

Q

So that later you can determine what was said

19

A

I have no idea.

19 to you earlier on when you were conducting the

20

Q

Did you ask anybody?

20 interview?

21

A

I don't understand your question.

21

A

Yes.

22

Q

Did you inquire of anyone whether there were

22

Q

Do you regularly prepare reports of

16

Q

Do you know if there was anyone who wasn't at

Page 178

Page 180

1 people who had been doing work at the warehouse who just

1 investigations that you conduct?

2 were not physically present that day?

2

A

Can you rephrase the question, please.

3

A

I don't recollect.

3

Q

Yes.

4

Q

Can you tell me, just as a general practice,

4

Is it your usual practice to prepare a report

5 how do you select people to interview in a harassment

5 of an investigation that you've conducted?

6 investigation? How do you decide which people to

6

A

7 interview?

7

Q

Why do you do that?

8

8

A

Because it assists in closing it out. It's a

A

In a store environment, it's rather easy,

9 it's all the employees.

A synopsis is usually done, yes.

9 refresher to whether it can be closed, crossing T's and

10

Q

Everybody who works at that store?

10 dotting I's.

11

A

That's correct.

11

Q

Any other reasons?

12

Q

And why do you do that? Why do you interview

12

A

In the event that something occurs down the

13 everybody?

13 road, there's a record there.

14

14

A

Because the numbers are smaller and the

Q

Oh, okay. All right.

15 interaction is a lot greater.

15

16

16 similar allegation, in the future, someone can go back

Q

And so, potentially, everyone at the store

So, for example, if there's an allegation,

17 might have relevant knowledge, is that correct?

17 and look at the record of the prior investigation?

18

A

That is correct.

18

A

That is correct.

19

Q

Have you ever done an investigation of a

19

Q

So, for example, prior allegations against

20 distribution center, other than the one in Gaithersburg?

20 the same individual of the same type of conduct are

21

A

No, I have not.

21 relevant to your investigations?

22

Q

Well, did you have any thoughts at the time

22

BLOCKBUSTER.transcript.francis

A

Can be, yes.
Pages 177 - 180

Page 181

1

Q

Can you think of any situations where prior

Page 183

1

Q

Is it fair to say that all of the handwritten

2 allegations against the same individual of the same kind

2 notations on all pages in exhibit 8 are your

3 of conduct are not relevant to your investigations?

3 handwriting?

4

A

Depends on the context of the allegation.

4

A

That's correct.

5

Q

What aspects of the context do you look at to

5

Q

And turning now to, again, the third page,

6 determine if it's relevant?

6 1637, and then looking at that page, looking at the

7

7 following page, 1638, those two pages, are those the

A

The players involved at the time, the

8 conversation that was held, the climate in the store at
9 the time are the things you look at.
10

8 questions that you and Cinnie Brown asked employees when
9 you did your investigation at the Gaithersburg warehouse

MR. PHILLIPS: I think I've got another

10 in May 2005?

11 document here that relates to this one.

11

A

I believe so.

12

Yes, I do. This will be 8.

12

Q

And turning back to the first page, you can

13

(Questions was marked Exhibit 8 for

13 verify it by looking at the questions, but I'll

14 identification.)

14 represent to you that the questions starting at the top

15

15 with, "What is the work environment like," and then

Q

If you can go ahead and take a look at

16 Francis exhibit 8 and read it and let me know when

16 going down to the fifth question, "Have you encountered

17 you're done, sir.

17 any situation that has made you uncomfortable," those

18

18 questions do not appear in document number 1637 and 1638

MR. PHILLIPS: Just for the record, this

19 exhibit 8 starts at Bates number BBI 001635.

19 that you identified as the questions that were asked of

20

A

I'm finished.

20 the employees in May 2005. Do you know why these

21

Q

Can you tell me if you've seen before

21 questions, these first five questions on the first page,

22 yesterday any of the pages of exhibit 8.

22 don't appear in the final set of questions?
Page 182

1

A

2
3
4

Page 184

Yes.

1

A

No, I don't.

Q

Can you tell me which pages, please.

2

Q

Also, going down to the second question from

A

First to last.

3 the bottom on the first page reads, "Have you yourself

Q

If you could just name off the numbers in the

4 or have you observed anyone being treated differently

5 bottom right-hand corner, just the last four digits.

5 from the others?" I'll represent to you that that is

6

A

1635, 36, 37, 38, 39, 40 and 41.

6 not asked in that way in the questions that you

7

Q

So, you recall seeing all of them before

7 referenced in pages 1637 and 1938. Do you know why that

8 yesterday?

8 question was not asked in that way?

9

A

That's correct.

9

10

Q

Can you, first of all, identify the first

MS. SPEIGHTS: Objection.

10

MR. PHILLIPS: That's fine. I mean, you

11 page of this exhibit 8. What is that? Just the first

11 know, the document speaks for itself.

12 page, can you tell me what this is?

12

13

13

A

It looks like it's a portion of the interview

MS. SPEIGHTS: You said "asked in that way."
Q

Well, do you know why that question doesn't

14 questions.

14 appear in the list of questions?

15

15

Q

And then turning to the second page, do you

MR. PHILLIPS: Thank you, counsel.

16 recognize the handwriting on the second page?

16

A

No, I do not.

17

A

I do.

17

Q

The second page, 1636, handwritten notations.

18

Q

Whose handwriting is it?

18 You referenced this was your handwriting. Were you

19

A

That's mine.

19 making suggestions here for additional questions?

20

Q

And could you turn to the third page, which

20

A

If my recollection serves me correct, this

21 is 1637. Whose handwriting is on this document?

21 first page was a draft of questions. I then responded

22

22 with some additional ones that I thought of or some ones

A

That's mine.

BLOCKBUSTER.transcript.francis

Pages 181 - 184

Page 185

Page 187

1 to be taken out and then a finalized document.

1 sexual nature?" Did anyone tell you that they had heard

2

2 it during these interviews?

Q

And were those questions finalized at the

3 warehouse or was it prior to that time?

3

A

I don't recall.

4

A

Prior to that.

4

Q

When you took notes of these interviews, was

5

Q

Did you have a conversation with Ms. Brown

5 it your intention to record information accurately as

6 about the questions prior to going to the warehouse?

6 you were being told that information?

7

A

That's correct.

7

A

That was the intent.

8

Q

Did you send this to her? Did you

8

Q

And does that refresh your recollection as to

9 whether you knew that Taj had engaged in inappropriate

9 communicate the information on this second page to
10 Ms. Brown?

10 or behavior of a sexual nature prior to your

11

11 investigation?

A

I don't believe I sent it. I would not send

12 that to her. I believe I probably made notes to myself

12

13 and spoke to her directly over the phone.

13

14

14

A

-- can you repeat it, please.

15 name of any employee, either on this page or on the next

15

Q

Yes.

16 page? Do you see any employee's name referenced here at

16

17 all?

17 that, about allegations against Taj of inappropriate

Q

Let's go back. 1637, do you see here the

A

I'm sorry -MS. SPEIGHTS: Objection.

Do you recall anything else, now having read

18

A

I do not.

18 conduct or conduct of a sexual nature?

19

Q

Do you know if these two pages, 1637, 1638,

19

A

Not off the top of my head, no.

20 are notes of an interview with someone?

20

Q

Turn to the next page. Do you see the name

21

A

I believe so.

21 written at the top, Sergio Santizo? Does that look

22

Q

Do you know who the employee is?

22 correct? Am I reading that right?
Page 186

Page 188

1

A

Not off the top of my head, no.

1

A

2

Q

Going to 1638, question 12, the question

I believe so.

2

Q

Do you recall interviewing Mr. Santizo?

3 reads, "Have you seen or heard any behavior that has

3

A

I don't remember, sir.

4 been inappropriate or of a sexual nature?" and then it

4

Q

Do you see down around the fifth question

5 says in parens, "Tell me what occurred." First of all,

5 there, there's a word circled, it says "hostile?"

6 it's your handwriting, I'm asking you to read it because

6

A

7 I'm not sure. Go ahead and read the handwritten

7

Q

Do you know what that means in this context?

8 notation under question 12.

8

A

I believe that's a word that I wrote to

9

9 explain how the gentleman was feeling at the time.

A

"Heard it and have addressed it. Heard it,

That's correct.

10 team lead," and that's "temporary" or "temp," "Taj" and

10

Q

Oh, Mr. Santizo was feeling hostile?

11 I'm not sure what the other one is, that word is.

11

A

No, how he was feeling about the environment.

12

12

Q

Did Mr. Santizo tell you that he felt like

Q

Does it look like that last word there is

13 Feb, F-E-B?

13 the environment was hostile because of his national

14

A

It could be.

14 origin or his race?

15

Q

Did somebody tell you that they had heard

15

A

Can you rephrase the question, please.

16 that Taj had engaged in behavior that was inappropriate 16

Q

Yes.

17 or of a sexual nature? Did anyone tell you that during

17

18 these interviews?

18 environment was hostile and that it was because of his

19

A

I'm sorry; repeat that, please.

19 national origin or race?

20

Q

Yes.

20

21

The question here was, "Have you seen or

22 heard any behavior that has been inappropriate or of a
BLOCKBUSTER.transcript.francis

Did Mr. Santizo tell you he felt the

A

No, that's not my prior testimony. Hostile

21 is a word I used for Mr. Santizo. No employee used that
22 word and, no, there was no discussion of race.
Pages 185 - 188

Page 189

1

Q

So, you and Ms. Brown did not ask the

Page 191

1 females?

2 witnesses any questions about whether they felt they had

2

A

Yes.

3 experienced racial or national origin discrimination?

3

Q

Did any Hispanic females tell you that they

4

A

We did not, to my knowledge.

4 had seen or heard sexual behavior or sexual jokes?

5

Q

I'm sorry?

5

A

Not to my knowledge.

6

A

We did not, to my knowledge.

6

Q

What did Ms. Nkwetta, Emeten, tell you about

7

Q

Turn to the next page, 1640.

7 sexual behavior or sexual jokes at the warehouse?

8

Hang on a second.

8

A

I don't recall specifically.

9

Question 12 says, the same question that we

9

Q

Do you recall generally what she was

10 read before, but I'll read it again, "Have you seen or

10 describing to you?

11 heard any behavior that has been inappropriate or of a

11

12 sexual nature?" And then go down to that, question 13,

12 employees.

13 "Have you seen or heard any sexual jokes or

13

Q

What kind of comments?

14 inappropriate language?" Do you recall being given any

14

A

I don't recall.

15 information by any witnesses in response to either of

15

Q

Sexual comments?

16 those questions?

16

A

I believe perceived sexual comments, yes.

17

A

I don't recall.

17

Q

When you say "perceived sexual comments," was

18

Q

And let me be more specific. Did any of the

18 there any question in your mind whether these comments

A

That Taj would make comments to female

19 employees who were interviewed report that they had seen

19 were sexual at the time Ms. Nkwetta was telling you

20 or heard sexual jokes or inappropriate language or

20 about them?

21 inappropriate or sexual behavior?

21

A

I don't recall; I couldn't validate it.

22

22

Q

When you say you couldn't validate it, what

A

I'm sorry; can you rephrase that question.
Page 190

1

Q

2

Yes.
Did anyone tell you that, yes, they had seen

Page 192

1 do you mean by that?
2

A

No one else said the same thing.

3 or heard the conduct that is described in questions 12

3

Q

What did Ms. Wing say about sexual behavior

4 and 13?

4 or jokes?

5

A

Yes.

5

A

I don't recall specifically.

6

Q

Who told you that?

6

Q

Did Ms. Wing tell you, as reflected in these

7

A

I believe two employees.

7 documents you've seen, that she had been touched?

8

Q

Which employees?

8

9

A

I don't recall their names.

9

10

Q

Were they male or female?

10

11

A

Female.

11

12

Q

Do you recall what their ethnicity was?

12 sexual comments?

13

A

I don't want to speculate, no.

13

A

I believe so.

14

Q

Do you recall if one of them was Emeten

14

Q

So, Ms. Nkwetta's account was validated in

A

I don't recall that.
MS. SPEIGHTS: Objection.
Go ahead.

Q

Did Ms. Wing tell you that she had heard

15 Nkwetta?

15 the sense that Ms. Wing was telling you about sexual

16

A

Yes.

16 comments also, correct?

17

Q

And do you recall if one of them was Say

17

18 Wing?

18

MS. SPEIGHTS: Objection.
A

No. Your question was are you asking -- let

19

A

Yes.

19 me try it this way. Are you asking in terms of rumors

20

Q

Do you recall interviewing Lolita Gonzales?

20 or directed towards her personally?

21

A

I'm not sure of the name.

21

Q

Let's be more specific.

22

Q

Do you recall interviewing any Hispanic

22

A

Thank you.

BLOCKBUSTER.transcript.francis

Pages 189 - 192

Page 193

Page 195

1

Q

What exactly did she tell you?

1

Q

Additional interviews that day, correct?

2

A

I don't recollect, but it was rumor, it was

2

A

That's correct.

3 third-party, it wasn't -- it wasn't at her personally.

3

Q

Did you or Ms. Brown make any effort to

4

4 interview people who were not present that day, but who

Q

Did she identify who she had heard the rumor

5 from?

5 worked at the warehouse?

6

A

She did not.

6

7

Q

Was she asked by anyone to identify who she

7 sir.

A

I had no knowledge of who was not present,

Q

Did you or Ms. Brown make any attempt to

8 had heard the rumor from?

8

9

A

I believe she was asked by Ms. Brown.

9 contact former workers of the warehouse to interview

10

Q

Did she answer the question?

10 them about the work environment?

11

A

I don't recollect.

11

12

Q

As a result of your interview of Ms. Wing,

12 the employees.

A

I was not in the selection process, sir, of

13 did you or Ms. Brown interview anyone else at the

13

Q

That was Ms. Brown?

14 facility?

14

A

That's correct.

15

MS. SPEIGHTS: Objection.

15

Q

Does your training through Blockbuster inform

16

You can answer.

16 you that interviewing former employees can be a useful

17

A

We had quite a few interviews, yes.

17 investigative technique in a sexual harassment

18

Q

Did you interview the person that Ms. Wing

18 investigation?

19 identified?

19

MS. SPEIGHTS: Objection.

20

A

She did not identify an individual.

20

You can answer.

21

Q

What did she say about the individual?

21

A

Not to my recollection.

22

A

She didn't speak to an individual, she spoke

22

Q

Do you personally consider that to be a

Page 194

1 to --

Page 196

1 useful investigative technique in a sexual harassment

2

Q

General rumors?

2 investigation?

3

A

-- general rumors, that's correct.

3

A

I'm sorry; rephrase the question.

4

Q

In your experience as a human resource

4

Q

Yes.

5 professional, are general rumors considered less

5

6 probative of sexual harassment than direct statements

6 former employees is a useful investigative technique in

7 made to the witness?

7 a sexual harassment investigation?

8

MS. SPEIGHTS: Objection.

8

A

Depending on the nature of the allegation.

I'm sorry; do you want to rephrase the

9

Q

What is it about the nature of the allegation

9

A

Do you personally believe that interviewing

10 question?

10 that would make such investigation useful or not useful?

11

11

Q

12

Yes.

A

In my current role, any employee who lodges a

Are rumors considered less significant?

12 charge of harassment is an active employee of the

13

A

They are not.

13 company, so there would be no need to contact an

14

Q

They are not significant at all?

14 ex-employee. Those persons are still on the books and

15

A

They're not considered less significant.

15 free to be interviewed. The difference in the warehouse

MS. SPEIGHTS: Objection.

16 situation, they're not there, they're not -- they work

16
17

Q

Are you trained to follow up on rumors of

17 for the agency and so it's in the agency's best

18 sexual harassment?

18 interests, not mine, sir.

19

A

Yes.

19

20

Q

Do you know whether you did so in this case?

20 relevant corroborative evidence related to a sexual

21

A

There were additional interviews held, prior

21 harassment investigation?

22 testimony.
BLOCKBUSTER.transcript.francis

22

Q

Do you agree that former employees may have

MS. SPEIGHTS: Objection.
Pages 193 - 196

Page 197

1
2

You can answer.
Q

Page 199

1

That there's at least the potential for that?

MS. SPEIGHTS: Objection.

2

You can answer.

3

MS. SPEIGHTS: Objection.

3

A

I'll disagree with that, sir.

4

You can answer.

4

Q

Well, if you're not working there, are there

5

A

I would agree.

5 other ways that you can be retaliated against?

6

Q

Do you find that fear of retaliation is a

6

A

Well, in your statement, Blockbuster

7 concern of some of the people that you have interviewed 7 retaliates, so if you'll rephrase the question, please.
8 in investigations?

8

9

A

I'm sorry; can you rephrase the question.

9

10

Q

Yes.

11

Q

I understand. I will rephrase the question.
If you're no longer working for a company,

10 that company cannot retaliate against you, at least with

Has anyone in an investigation that you have

11 respect to your employment, because it no longer exists,

12 interviewed expressed to you fear of retaliation?

12 would you agree with that statement?

13

13

MS. SPEIGHTS: Objection.

14 question.

A

14

You can answer.

15

15

A

Fair statement.

16 what they may or may not say to you during the

16

Q

In your training, has anyone ever expressed

17 interview?

17 to you the notion that there's at least the potential

18

MS. SPEIGHTS: Objection.

18 that a former employee may be more candid during an

19

You can answer.

19 investigation of sexual harassment, as opposed to a

Q

As it relates to -- I'm sorry; it's a general
I'm sorry. As it relates specifically to

20

Q

You can answer.

20 current employee because of the fear of retaliation?

21

A

The potential exists, yes.

21

A

I don't recall.

22

Q

And you understand that witnesses may

22

Q

I think you testified, I know you testified

Page 198

Page 200

1 possibly fear retaliation based on what they say to you

1 earlier that you did not interview Michelle Despertt,

2 during the interview?

2 correct?

3

MS. SPEIGHTS: Objection.

3

A

Not to my knowledge.

4

You can answer.

4

Q

And you understood at the time you conducted

5

A

That's a fair statement, yes.

5 this May investigation, through Cinnie Brown you

6

Q

And do you recognize that a former employee

6 understood, that Ms. Despertt had registered some kind

7 would be less likely to fear retaliation?

7 of sexual harassment complaint, correct?

8

MS. SPEIGHTS: Objection.

8

A

That is correct.

9

You can answer.

9

Q

And you understood that was a complaint

10

Q

You can answer the question.

10 against Thomas Johnson, correct?

11

A

I would disagree, sir.

11

A

12

Q

You would disagree with that?

12

Q

13

A

That's correct.

13

14

Q

Why would you disagree with that?

14 but go ahead.

15

A

Retaliation is retaliation, sir. Whether

15

That is correct.
Why didn't you interview Michelle Despertt?
MS. SPEIGHTS: Objection, asked and answered,

A

She was no longer at the facility, sir, in

16 you're an employee or not an employee, it has no bearing

16 May of '05.

17 on someone being able to retaliate for a statement that

17

18 you made.

18 like you to read the handwritten notations into the

19

19 record just so we're clear on what they say.

Q

You would agree with me, though, if you're no

Q

20 longer employed by Blockbuster, it's less likely that

20

21 Blockbuster would be able to retaliate against you in

21 management. Linc went to -- "

22 terms of your employment?

22

BLOCKBUSTER.transcript.francis

A

Turn to the last page, please. I just would

Q

"Wouldn't have tried to speak with
"TX?" Does that look like "TX" to you?

Pages 197 - 200

Page 213

Page 215

1

A

I don't recall.

1 that Taj had made sexual comments?

2

Q

Do you recall whether she said anything else

2

MS. SPEIGHTS: Objection.

3 along those lines of inappropriate sexual remarks,

3

4 beyond what you've already testified to?

4

Q

You can answer.

5

A

I don't recall.

5

A

I did not.

6

Q

Did you or Ms. Brown ask any of the other

6

Q

Why did you not draw a conclusion?

7 employees, other than Ms. Nkwetta, directly whether they

7

A

If I reached my conclusion, sir, I would have

8 had heard Taj talking about people's butts?

8 closed out the investigation. The investigation

9

A

I don't recall.

9 continued.

10

Q

There's reference here about "all the girls."

10

You can answer.

Q

Once the investigation was completed, did you

11 Do you regard a group lead talking about women's

11 reach any conclusion about whether Ms. Nkwetta's

12 buttocks to be a form of sexual harassment?

12 allegations regarding Taj making sexual comments were

13

MS. SPEIGHTS: Objection.

13 truthful?

14

You can answer.

14

A

I could not validate that, no.

Q

And what in your mind was required for you to

15

A

It's an allegation.

15

16

Q

I'm not asking you to agree that the

16 be able to validate those allegations?

17 allegation is true. I'm asking you, if the allegation

17

18 were true, would that be considered a form of sexual

18 happened to them.

19 harassment under the Blockbuster policies concerning

19

20 harassment and discrimination?

20 were not made aware that Ms. Wing had alleged that she

21

21 was touched inappropriately?

A

If the allegation was true, it would be

22 deemed a form of sexual harassment, yes.

22

A
Q

A

Additional person or persons saying that it
And is it your testimony that at the time you

Not to my knowledge.

Page 214

1

Q

Did you believe Ms. Nkwetta, ultimately, did

Page 216

1

Q

If you had interviewed Ms. Despertt and she

2 you believe her that Taj had done these things that are

2 had told you that she was subjected to sexual comments

3 reflected in page 139?

3 by Taj, would that have been enough for you to conclude

4

4 that Ms. Nkwetta's allegations were substantiated?

MS. SPEIGHTS: Objection.

5

A

Can you rephrase the question, please.

5

MS. SPEIGHTS: Objection.

6

Q

Yes, I will rephrase the question.

6

Q

You can answer the question.

7

A

I won't speculate.

8 you that Taj made sexual comments, correct?

8

Q

Have you received any training through

9

9 Blockbuster about the standard for determining whether

7

10

You referenced earlier that Ms. Nkwetta told
MS. SPEIGHTS: Objection.
Q

Was that your testimony earlier, that

10 an allegation of sexual harassment is to be considered

11 Ms. Nkwetta told you that Taj had made sexual comments

11 substantiated?

12 of some kind?

12

A

I don't understand your question, sir.

13

A

That's correct.

13

Q

Yes.

14

Q

Did you draw any conclusion as to whether

14

Have you received any training from

15 Ms. Nkwetta was telling you the truth?

15 Blockbuster regarding what kind of proof is required to

16

A

No, I did not.

16 demonstrate that an allegation of sexual harassment is

17

Q

Why didn't you draw a conclusion?

17 true?

18

A

Because of the allegation and there was more

18

MS. SPEIGHTS: Objection.

19 investigation pending.

19

You can answer.

20

20

Q

You can answer.

21 continued interviews, did you draw any conclusion about

21

A

Oh, yes.

22 whether Ms. Nkwetta had told you the truth when she said

22

Q

And what have you been told about that?

Q

At any point subsequent to completing your

BLOCKBUSTER.transcript.francis

Pages 213 - 216

Page 233

1

A

No, we had tentatively, because we both

Page 235

1

Q

Why not?

2 travel, we tentatively looked our calendars, because his

2

A

My discussion with Taj did not reveal to me

3 travel is more expansive than mine, to see if we could

3 that in and of itself he was the problem.

4 possibly, based on the discussion that was yet to be

4

Q

What did you think the problem was?

5 had, if things panned themselves out the right way,

5

A

As I mention in the document, ineffective

6 Scott requested prior notice so he could plan his flight

6 leadership.

7 schedules accordingly. So, assuming things were going

7

Q

Did Mr. Collen agree with this conclusion?

8 to work out in terms of admission or whatever you want

8

A

To my knowledge, yes.

9 to call it when I sat down with Taj, we were going to go

9

Q

Did Mr. Collen, in response to this e-mail,

10 ahead and plan a visit for that Tuesday to the site.

10 did Mr. Collen ever communicate to you that he had

11

11 concerns about your recommendation and that he thought

Q

But look earlier in the preceding section, it

12 starts with "Taj's interview." Do you see that?

12 you may wish to still go ahead and separate Taj from his

13

A

Yes.

13 employment?

14

Q

It starts with the line, "Taj did not own up

14

A

I believe he shared that with me, yes.

15 to yelling at any staff, sexual harassing any staff with

15

Q

Did he say why?

16 comments or inappropriate conversations," period. Do

16

A

I don't recall.

17 you see that?

17

Q

Who made the ultimate decision about whether

18

A

That's correct.

18 to separate Taj from his employment at Blockbuster?

19

Q

So, as of the date of this e-mail,

19

20 Mr. Johnson had already been interviewed, correct?

20

Q

At this time, yes, sir.

21

21

A

You know, when he was done or you mean right

A

No, we -- we met on the 15th, yes. We met on

22 at 15th, at 1 o'clock in the morning, per -- at which I

MS. SPEIGHTS: At this time?

22 now?

Page 234

Page 236

1 e-mailed him that evening.

1

Q

No, I'm talking about --

2

Q

So, is it your testimony that you never

2

A

As of the 15th.

3 intended to separate Taj from his employment at

3

Q

-- as a result of this May investigation, who

4 Blockbuster?

4 made the ultimate decision about whether or not Taj

5

5 would be separated from his employment at Blockbuster?

A

That's not my testimony. Again, assuming

6 that all the facts line themselves up, all the ducks

6

A

Mr. Collen and Ms. Fitzgerald.

7 were in a row, okay, we had planned on going to the

7

Q

Did you have any communications with

8 site, having the conversation and administering a

8 Ms. Fitzgerald, other than this e-mail, about your

9 separation.

9 recommendation that Taj not be separated?

10

Q

So, when you say "we," who are you referring

10

A

I'm sorry; I'm lost now in your question.

11 to? You and who else?

11

Q

Yes.

12

A

Mr. Collen and myself, yes.

12

13

Q

So, you had discussed this with Mr. Collen?

13 communications with Ms. Fitzgerald about the topic of

14

A

Yes.

14 whether Taj should be separated?

15

Q

And he was onboard with that?

15

16

A

He was checking into flights, yes.

16 separated, that preexisted the separation, which I

17

Q

But he was onboard with the intention to

17 believe was in August. There was an August e-mail, yes.

Other than in this e-mail, did you have any

A

There was a document later, when he was

18 separate Taj from his employment?

18

19

A

That's correct.

19 you have any communications with Ms. Fitzgerald, other

20

Q

But you did not separate Taj from his

20 than this e-mail, about the topic of whether or not Taj

Q

In connection with the May investigation, did

21 employment as a result of this investigation?

21 should be separated from his employment?

22

22

A

That's correct.

BLOCKBUSTER.transcript.francis

A

Ms. Fitzgerald and I didn't speak; Mr. Collen

Pages 233 - 236

Page 237

Page 239

1 and I spoke.

1

2

2 enough information was uncovered last week that would

Q

Did you communicate with her by e-mail on

Q

The next sentence, it says, "I felt that

3 that subject, other than this e-mail?

3 warrant his termination." Did Mr. Collen tell you what

4

A

Not to my recollection, no.

4 information he was referencing that warranted

5

Q

Did Mr. Collen ultimately agree with your

5 termination?

6 recommendation or not about not separating Taj at this

6

A

I don't recollect.

7 time?

7

Q

Did you ever have any understanding of what

8

A

I believe so.

8 information was uncovered last week that he's

9

Q

Did you have any discussions in which he

9 referencing here?

10 discussed with you his decision about whether to

10

11 separate Taj?

11

12

A

I don't recall.

12 done.

13

Q

Did he ever tell you that ultimately he

13

A

I don't recollect.
MR. PHILLIPS: Just a minute, I might be

Q

Did you ever discuss this issue whether Taj

14 agreed with your recommendation?

14 should be separated with anyone other than Scott Collen?

15

A

I don't recall.

15

MS. SPEIGHTS: In May?

16

Q

Did he tell you why Taj was not separated at

16

MR. PHILLIPS: Yes.

17 this time?

17

18

18 the May investigation.

A

I don't recall.

Q

Again, we're all talking about as a result of

19

MR. PHILLIPS: This is 11, I believe.

19

A

I don't recall.

20

(E-mail was marked Exhibit 11 for

20

Q

Do you recall receiving information that

21 identification.)

21 Cinnie Brown believed that Taj should be separated at

22

22 this time?

Q

Take a look at exhibit 11. I'll represent to
Page 238

Page 240

1 you it's an e-mail string based off of 10. The

1

A

What information is that?

2 information under "Barry" in this top e-mail is the new

2

Q

I'm asking, did anyone ever give you

3 information in this thing. Let me know when you're

3 information to the effect that Cinnie Brown believed

4 done.

4 that Taj should be separated at this time?

5

A

I'm done.

5

A

I don't recall.

6

Q

Do you recall receiving this e-mail?

6

Q

Do you know whether she ever held that

7

A

Yes.

7 opinion or not?

8

Q

So, do you now recall that Mr. Collen said

8

A

I don't recall.

9

Q

Did Cinnie Brown ever express to you her

9 that he's not sure that he agreed with your decision to
10 keep Thomas in place?

10 opinion about whether or not the allegations that were

11

A

Yes.

11 being investigated in May 2005 had been substantiated by

12

Q

Did he ever say to you why he wasn't sure

12 the investigation?

13 that he agreed with the decision to keep Thomas in

13

14 place?

14 outcome of the investigation, to my knowledge.

15

A

A

Cinnie Brown and I never discussed the

Not to my recollection. What happened was

15

MR. PHILLIPS: You have a plane to catch.

16 that Mr. Collen would then discuss it with his primary

16

I assume you're going to read and sign?

17 HR contact and that would be Ms. Fitzgerald.

17

MS. SPEIGHTS: We will read and sign.

18

Q

Were you ever privy to those communications?

18

MR. PHILLIPS: I would say pack it up and

19

A

I was not.

19 head out.

20

Q

Did anyone ever discuss with you the content

20

(Signature not waived.)

21 of those communications?

21

(Deposition concluded at 4:44 P.M.)

22

22

A

Not to my knowledge.

BLOCKBUSTER.transcript.francis

Pages 237 - 240