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)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT MARYLAND

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- - - - - - - - - - - - - x
:
EQUAL EMPLOYMENT
:
OPPORTUNITY COMMISSION,
:
:
Plaintiff,
:
: Civil Action No.
v.
: 8:07-CV-02612
:
BLOCKBUSTER, INC.,
:
:
Defendant.
:
:
- - - - - - - - - - - - - x

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Deposition of

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MICHELLE R. DESPERTT

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Bethesda, Maryland

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Thursday, August 28, 2008

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11:15 a.m.

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CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER

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THIS TRANSCRIPT CONTAINS CONFIDENTIAL INFORMATION

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Job No.:

1-135451

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Pages 1 through 128

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Reported by:

Rebecca L. Stonerock, RPR

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BLOCKBUSTER.transcript.despertt

Page 17

Page 19

1

Q And where were you before Westat?

1

2

A Oh, Goodman & Company.

2 out?

3

Q What kind of company is that?

3

A On line, yes.

4

A CPA.

4

Q What happened after you filled out your

5

Q And what were you --

5 online application?

6

A I was a receptionist.

6

7

Q How long were you there?

7 everything back to her, but Thomas was the one who

8

A Three years.

8 hired me. He hired me directly.

9

Q Why did you leave Goodman & Company?

9

10

Q Was there an application that you filled

A That was to Cinnie Brown and I faxed

Q What do you mean it was through Cinnie

10 Brown?

A Actually I left there to accept a position

11 at another CPA firm which didn't work out.

11

12

12 Monica -- Monique and I are friends and she was

Q And how much time was it between Goodman &

A The position was through Express Personnel,

13 Company and Westat? After you left Goodman & Company

13 working with Mr. TAJ at the time and she told me about

14 how long did you --

14 the position. I met TAJ, I contacted Express, they

15

A I'm not sure.

15 sent me everything via e-mail and I reported two days

16

Q Do you remember where you were before

16 later to Blockbuster.

17 Goodman & Company?

17

Q What was it they sent you via e-mail?

18

18

A Just the application, INI and tax forms.

19 can't think -- can't recall that right now.

19

Q And who is Cinnie Brown?

20

Q If you remember. Just if --

20

A That was my supervisor at Express.

21

A No, I don't remember actually.

21

Q Do you remember what position you were

22

Q Do you remember when you began working with

22 hired for?

A Sorry, I'm trying to think. I can't --

Page 18

Page 20

1 Express Personnel?

1

2

2 remember if we -- we didn't have -- I can't remember

A I would think it was around February. I

A It was just warehouse. I don't even

3 believe it was around February.

3 the exact title, what we -- what we were called, but

4

Q Of what year?

4 it was working in the warehouse distribution.

5

A 2006, 2005.

5

Q What were your job duties?

6

Q Do you remember when you left?

6

A At Blockbuster?

7

A March.

7

Q Yes.

8

Q Are you still not sure of whether it was

8

A Well, we would come in, at first we would

9 2005 or 2006? Do you have a better idea of what year

9 open up all the mail that was -- that came in and we

10 it is?

10 would go through the CDs and, you know -- the DVDs,

11

A Not really. I'm sorry.

11 I'm sorry, we'd take them out, and there were several

12

Q You said you heard about Express Personnel

12 piles. If it was damaged, we would put it in a pile.

13 through Monique Spears. Was she working with Express

13 If there was a note with any instructions from a

14 Personnel?

14 customer, we would put that in a pile. And then we

15

A Yes.

15 would put the rest of them in a pile. And that went

16

Q And, now, who did you interview with when

16 on for approximately two hours.

17 you first contacted Express?

17

18

MR. PHILLIPS: Objection, assumes facts.

18 they were scanned and then they were put back on the

And after that all the DVDs were sorted,

19

You can answer.

19 shelf. That was in the morning. In the afternoon we

20

A Can you repeat the question?

20 would get a list of the DVDs going out and each person

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Q Did you interview with anyone?

21 received a list and we would go pull the DVDs for the

22

A No.

22 customers and bring them over to the table where we

BLOCKBUSTER.transcript.despertt

Pages 17 - 20

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1 would check them again, scan them out and then stuff

1

Q Were you ever paid overtime?

2 them in envelopes to be mailed.

2

A Yes.

3

3

Q Did you receive any benefits as an employee

Then after that at the end of the day we

4 would put back the DVDs from that morning that were

4 of Express Personnel?

5 scanned.

5

A No.

6

6

Q Could you tell me when your employment

Q Okay. Did someone inform you of your job

7 duties?

7 ended?

8

A Well, we had supervisors, but we pretty

8

A It was sometime in March.

9 much knew. It was the same routine every day. Every

9

Q And why?

10 now and then they would switch up, like other people

10

A I was terminated.

11 would scan or other people would get different

11

Q Do you know why?

12 assignments doing other special projects like, you

12

A No.

13 know, pulling a special order or things like that.

13

Q Who told you you were terminated?

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Q And who were your supervisors?

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A I received a call from Cinnie Brown about

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A TAJ and Kofi Tutu.

15 10:30 p.m. -- I believe it was March 6, 7, something

16

Q And for the record, when you refer to "TAJ"

16 to that effect -- telling me not to report.

17 is that Thomas Johnson?

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Q What else did she tell you?

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A Yes.

18

A That was it.

19

Q Is there anyone else?

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Q Did you ask her why?

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A Kofi Tutu.

20

A Yes.

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Q And --

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Q And what did she tell you?

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A And Linc was the supervisor. There were

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A She didn't.

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Page 24

1 three.

1

Q Do you remember what she said when you

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Q Is "Linc" Mr. Lincoln Barrett?

2 asked her why?

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A Uh-huh.

3

4

Q And you mentioned when you were describing

4 for you to report back to Blockbuster."

A She just said, "Michelle, there's no need

5 the job duties that sometimes there are individuals

5

6 who receive special assignments.

6 seek out other employment?

7

A Uh-huh.

7

A No.

8

Q How did they receive special assignments?

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Q Did Express Personnel ever contact you

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A Through TAJ or through Kofi.

9 about coming back to work or any other opportunities?

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Q What were your hours when you first began

10

Q Did you ever return to Express Personnel to

A I received an e-mail from Cinnie, but she

11 working there?

11 never said, you know, "I found something. Go here."

12

A Seven -- seven until whenever we got done.

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Q Do you remember what the e-mail said?

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Q Seven a.m.?

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A Just basically, I believe, something to the

14

A Uh-huh.

14 effect that she was going to help me to find something

15

Q Approximately -- did that fluctuate every

15 else, something to that effect, if I can recall.

16 day?

16

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17 e-mail or was there any other contact?

A Yes. It was until whenever we completed

Q Did you stay in contact with her after that

18 the project, including Saturdays.

18

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Q And what was your salary when you began?

19 concerns about TAJ. But after that, no, I didn't have

20

A Ten dollars.

20 any contact with her until I -- I asked for a

21

Q Did you ever receive a salary increase?

21 follow-up to the letter that I had sent her -- or the

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A No.

22 e-mail that I had previously sent her and she

BLOCKBUSTER.transcript.despertt

A Just sent her the e-mail expressing my

Pages 21 - 24

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1 responded that she wasn't at liberty to discuss it

1 get down like that. What did you mean by that?

2 with me. And after that I had no contact with her.

2

3

3 with him.

Q Did you file any formal complaint after

A Meaning that I wasn't going to get involved

4 your termination?

4

5

5 dating one of your friends.

A I just sent the e-mail, but I didn't file

Q You also said that you told him that he was

6 anything.

6

A Right.

7

7

Q Which one of your friends?

8 you refer to your complaints about -- your concerns

8

A Twanessa Stevenson.

9 about TAJ? What were your concerns?

9

Q And did you tell him that that is why you

Q Do you remember what the e-mail said? Did

10 don't get down like that, because he was dating one of

10

MR. PHILLIPS: Request for clarification.

11

Are you asking the witness to state what she said

11 your friends? Is that what you told him?

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in the e-mail or are you asking her more generally

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what were her concerns in her own mind?

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MR. PHILLIPS: Objection, asked and
answered.

14

You can answer.

15 reflected in the e-mail --

15

Q You can answer.

16

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A It wasn't just that. It was I wasn't

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Q What were your concerns about TAJ that were
MR. PHILLIPS: That were set forth in the

17 interested in him on top of the fact that he was

e-mail? Okay.

18 dating one of my friends. It was both.

Go ahead and answer.

19

A There were several things that he -- that

20 he did that wasn't appropriate. My second day of

Q When this incident occurred on your second

20 day did you share this incident with anyone at the

21 employment there he -- I was putting away some DVDs 21 facility?
22 and he came up from behind and he grabbed me and he 22

A Just my fiance. I didn't share it with

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Page 28

1 turned me around and he pushed -- took one of my arms

1 anyone at Blockbuster, no.

2 and he pushed me up against the wall and he informed

2

3 me that he wanted me. And I told him, "No, I don't

3 the e-mail that he made inappropriate eye contact --

4 get down like that." And he said, "Well, I want you."

4

A Uh-huh.

5 I said, "Well, I'm sorry, I don't get down like that.

5

Q -- looking at body parts. What did you

6 You're dating one of my friends." And he left me

6 mean by that?

7 alone the remainder of that day.

7

8

8 these tables and the tables, you know, were fairly

I also expressed to her an incident that

9 happened in a room that I was cleaning some DVDs. I

Q You also mentioned that you expressed in

A What I mean by that is we were sitting at

9 high. And I have muscle damage to my lower back, so

10 expressed my concern about that. I also expressed my

10 some of us were allowed to sit versus standing. Let

11 concern of his inappropriate eye gestures, in my

11 me add that we were allowed to wear jeans -- wasn't

12 opinion, where he was physically looking at body

12 like dress-up, it wasn't formal -- and most of us did.

13 parts, which I found very uncomfortable. And I also

13 And we were sitting down and he was sitting across

14 expressed to her that he was -- he was sabotaging my

14 from us. He was sitting in a chair like this and he

15 work little bits at a time, but -- and I was upset I

15 had his hands behind his head and he was leaning back

16 didn't get the proper response from her and that

16 and just rolling back in the chair and he said this is

17 which -- that which also made me upset. And that's

17 the best seat in the house. He was referring to one

18 about it.

18 of the other gentleman, a worker. And then once -- he

19

19 said it, like, three times and he was just smiling to

Q Okay. I'm just going to start with the

20 first thing that you listed on your second day, you

20 himself. And I looked and he was sitting there and he

21 were putting up some DVDs and you said -- you

21 was looking -- in my opinion, he was looking at our

22 responded to TAJ when he approached you that you don't

22 vaginal area.

BLOCKBUSTER.transcript.despertt

Pages 25 - 28

Page 29

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Q And were you sitting across from him at

Page 31

1 anything to anyone else about this comment?

2 this time?

2

A No.

3

3

Q You mentioned, Ms. Despertt, that you felt

A I was sitting, like, at the table. It

4 was -- they were long tables. The tables were really

4 he was sabotaging your work.

5 long and the floor was open. Everything was open, and

5

A Yes.

6 he was sitting, like, over there.

6

Q What do you mean by that?

7

7

A What I mean by that is there was -- we had

Q Could you explain -- you said that some of

8 you were allowed to sit and some were allowed to

8 a time limit to get -- open up a certain amount of

9 stand?

9 CDs. And one day Linc was doing a count and he went

10

A Uh-huh.

10 down the table. When he got -- there were eight of

11

Q Do you know why some were allowed to sit

11 us, I believe. When he got to the person beside me

12 and some were allowed to stand?

12 and was next to come to me, TAJ walked over to right

13

13 in front of me, picked up a whole stack of my DVDs and

A Anyone who had any types of problems with

14 their back and couldn't stand or any physical that

14 walked them over to the other side of the room, which

15 they weren't able to stand for a long time, we were

15 made me fail the count because I ended up short.

16 allowed to sit. And like I said, since I had muscle

16

17 damage to my lower back, I was allowed to sit.

17 then and there, I said, "Linc, TAJ just took a bunch

18

18 of my DVDs. If he had not taken them, then I would

Q Did you have to ask someone beforehand or

At that time I pointed out to Linc right

19 would you just sit down because you had the muscle

19 have been over quota." And Linc, he didn't say

20 damage?

20 anything to me. He says, "Well, we'll do another

21

A No, they knew who we were.

21 count later." But that never happened.

22

Q How did they know? Who is "they"?

22

And also, when I had to put DVDs back, I

Page 30

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A Because there were three of us. I mean,

Page 32

1 noticed him adjacent to me, although I really wasn't,

2 TAJ and Kofi knew it was three of us that were allowed

2 you know -- I was doing my work, but I did -- there

3 to sit.

3 were rows. And every DVD -- two particular days every

4

4 DVD that I put back ended up being misfiled. And it

Q Who were the other individuals allowed to

5 sit?

5 was brought to my attention that he was going behind

6

A Ms. Gonzales and Say -- Say Wing.

6 me and moving them when I put them back. And that was

7

Q Do you remember Ms. Gonzales' first name?

7 Shon who informed me of that. Because when you don't

8

A No.

8 put them back correctly, you get in trouble. That's

9

Q Do you know if she had a daughter that also

9 what I mean by sabotaging my work.

10 worked at the facility?

10

11

A There was a mother and daughter, yes.

11 him sabotaging your work, do you know if Linc said

12

Q Do you know if the Ms. Gonzales that you're

12 anything to TAJ about picking up the DVDs?

Q Now, starting with your first example of

13 referring to is the mother or the daughter?

13

A I don't know.

14

A The mother.

14

Q Do you know if he was disciplined?

15

Q And so when Mr. Johnson made this comment

15

A I don't know.

16 about the best seat in the house, do you know if

16

Q Do you know if TAJ picked up anyone else's

17 anyone else heard this comment besides you?

17 DVDs?

18

A I can't say if they did.

18

A No, he didn't.

19

Q Did anyone say anything to you about this

19

Q How do you know?

20 comment --

20

A I was there.

21

A No.

21

Q Did you watch TAJ and Linc as Linc moved to

22

Q -- that they heard it? Did you say

22 everyone's station?

BLOCKBUSTER.transcript.despertt

Pages 29 - 32

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1

A Uh-huh. Yes.

1 response?

2

Q And going to your second example about the

2

A He told me he would look into it.

3 misfiled DVDs, you said it was brought to your

3

Q Do you know what happened after that?

4 attention by Shon?

4

A No, I do not.

5

A Uh-huh.

5

Q Did you ask about it ever again?

6

Q Who is Shon?

6

A No, because no one said anything to me,

7

A He was one of the -- another worker doing

7 so --

8 the same thing we were doing.

8

9

9 this incident?

Q Do you remember Shon's last name?

Q And did you complain to anyone else about

10

A No. Sorry.

10

A No.

11

Q And what did Shon tell you?

11

Q Did you have any other concerns about

12

A He said that TAJ was walking behind me.

12 Thomas Johnson, or TAJ, that were not expressed in the

13

Q Did you see TAJ walking behind you?

13 e-mail?

14

A I saw him, but I -- you know, I saw him in

14

A I mentioned about him when I was in a room

15 the area, but, I mean, like -- it's a long row, I

15 and he groped me from behind. There was a time, too,

16 mean, so -- but yeah, I did see him in the area. He

16 where he walked up behind me and he put his -- he

17 just happened to be on the same row that I was on.

17 palmed both of my breasts with his hands.

18

18

Q Do you remember when that was?

19 strike that.

Q And how did Shon know that he -- that --

19

A Maybe about two weeks before I ended up

20

20 leaving. And I can't recall the dates, but often he

Do you know what TAJ was doing when he was

21 walking behind you or did Shon tell you what TAJ was

21 would come up behind me and, you know, put his hands

22 doing when he was walking behind you?

22 on my shoulders.
Page 34

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A Shon told me.
Q And what did he say he was doing?
A He said that TAJ was moving the DVDs.
Q When Shon informed you of this, did you
tell that to anyone else?
A Yes.
Q To whom did you tell -A Kofi.
Q And why did you tell Kofi?
A Because I knew I would get in trouble.
Q I don't understand. You knew that you
would get in trouble -A If the orders are not put back accurately,
I'll be responsible for that.
Q Okay. So why did you choose to tell Kofi?
A Because I knew I would get in trouble -Q And what was Kofi's role?
A He's the -- he's the supervisor.
Q And what did you say to Kofi?
A I told him that Shon told me that TAJ was
moving my DVDs.
Q Do you remember what Kofi told you in

BLOCKBUSTER.transcript.despertt

Page 36

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Q Is there anything else?
A Not that I can recall at this time.
Q Let's talk about the incident where he put
the palm of his hands on both of your breasts. You
said that was about two weeks before you left?
A Uh-huh.
Q Where did that take place? You said it was
in a room -A No. There's two different incidents. I
was sitting on a floor and I was scanning DVDs in.
Q And was this -- was this also in the
warehouse?
A Yeah.
Q Was there anyone else around at the time?
A Well, there was always people around,
but -- I mean, the way he did it, it was kind of fast,
so -- and I told him, you know, "Don't" -- "Don't do
that again." And he -- he just laughed and walked
away.
MR. PHILLIPS: Are you okay?
THE WITNESS: Yeah, just kind of thinking
about -- you know.
Pages 33 - 36

Page 41

Page 43

1 comfortable.

1

A No, I would just shrug him off.

2

2

Q Did you tell anyone about him massaging you

Q Other than the incident where you told

3 Mr. Lincoln Barrett about Kofi taking out DVDs --

3 at any time?

4

A TAJ.

4

A Just Kofi.

5

Q -- excuse me, strike that -- about TAJ

5

Q Did you tell Kofi more than once?

6 taking out the DVDs, do you know if there was another

6

A Yes.

7 incident where you complained to Mr. Lincoln Barrett?

7

Q What would Kofi say to you in response or

8

A Not that I can recall at this time.

8 what did he say?

9

Q And moving on to the other example you

9

A He would make all different types of

10 gave, you said Mr. Johnson, TAJ, often put his hands

10 gestures to the effect of, you know, like, "What's

11 on your shoulder?

11 wrong with him?" You know, "Why does he do things

12

12 like that?" Stuff like that.

A Like he was going to, like, try to massage.

13

13 And I would just shrug him off.
14

Q Did you ever complain to anyone else

Q Do you remember about how many times he did 14 besides Kofi?

15 that?

15

16

16 talked his head off about it.

A It was often. I can't say every day, but

A No -- I'm sorry, my fiance. I pretty much

17 it was often.

17

Q Are there any other examples of concerns

18

Q Was it more than once a week?

18 that you had for Mr. Johnson?

19

A Yes.

19

20

Q Was it more than two times a week?

20 out there scanning and he came up to me and he said

21

A Yes.

21 that he had a special project for me to do. So I went

22

Q Was it more than three times a week?

22 in a room where there's -- there was this machine that

A When I was cleaning the DVDs he -- I was

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1

A Yes.

1 would clean the DVDs and he showed me how to do it and

2

Q Do you remember where you would be sitting

2 he left me and I was in there cleaning them. About

3 or standing when he would massage your shoulders or

3 10, 15 minutes later he came in and he closed the door

4 try to massage your shoulders?

4 and he pulled me up from the chair, put his hands on

5

A Most of the time it was when I was sitting.

5 my waist and was thrusting me from behind. And I --

6

Q When he would massage your shoulders were

6 you know, I fought him off and I told him to stop.

7 you around other individuals?

7 And I walked around the table and opened up the door

8

A Sometimes.

8 and went and told Kofi and Kofi, he's like, "What is

9

Q Would you ever -- did anyone, to your

9 wrong with this guy." You know, he would just shake

10 knowledge, see him massaging your shoulders?

10 his head. So Kofi came over and there was a table

11

11 outside the door and he sat right there for the

A Not to my knowledge. He also did it to

12 other females.

12 remaining of the time that I was in there cleaning

13

Q Did you see him massage other females?

13 DVDs.

14

A Yes.

14

15

Q Did anyone share that with you --

15 incident?

16

A No.

16

A Just my fiance.

17

Q -- that you had not seen?

17

Q Did you do anything else that day in

18

A No.

18 response to that incident?

19

Q You said that you would shrug him off --

19

20

A Uh-huh.

20 that was a little too much, so I just kind of, like,

21

Q -- from trying to massage you. Did you do

21 stayed out of his path. If I saw him coming, I went

22 anything else in response to him massaging you?
BLOCKBUSTER.transcript.despertt

Q Did you tell anyone else about the

A I just kind of steered clear of him because

22 another way. If he was in a room, I went to another

Pages 41 - 44

Page 45

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1 room.

1 have a C cup." That's basically what he said.

2

2

Q It was just once?

3 concerned you about Mr. Johnson?

3

A Uh-huh.

4

4

Q Now, you said this was while you were

Q Were there any other incidents that
A Besides comments and eye gestures, not that

5 I can recall.

5 sitting at the table. If you could again help me to

6

6 visualize, was this when you were sitting in a row

7

Q Is there anyone else that -- strike that.
Do you believe that there was any -- was

7 with other distribution clerks?

8 there anyone else that sexually harassed you while you

8

A Uh-huh.

9 were working there?

9

Q Was he sitting across from you?

10

A No.

10

A He was sitting out on the floor.

11

Q Okay. I'm going to show you what's going

11

Q About how far away was he approximately?

12 to be marked as Despertt 2.

12 Maybe the distance between you and I, about four feet?

13

13

14

(Exhibit 2 was marked for identification
and attached to the deposition transcript.)

A More about the distance where that window

14 is.

15 BY MS. QUAMIE:

15

Q So maybe we can approximate about 10 to 12

16

Q Have you ever seen this document before?

16 feet away from you?

17

A No.

17

A Uh-huh.

18

Q I'm going to represent to you that this

18

Q Do you know if anyone else heard him make

19 document that's marked as Despertt 2 is Plaintiff

19 the comment about the push-up bra?

20 EEOC's First Supplemental Answers to Blockbuster,

20

A I can't say.

21 Inc.'s First Set of Interrogatory Requests.

21

Q Did you tell anyone about the comment?

22

22

A Just my fiance.

If you would turn to the second page, page
Page 46

Page 48

1 2, towards the bottom, begins, "In February/March 2005

1

Q Okay. If you would turn to the top of the

2 Thomas Johnson subjected Michelle Despertt to at least

2 next page, number 3. If you could read into the

3 the following conduct." Does that statement refresh

3 record the clause beginning after (E) in parentheses,

4 your recollection about when you worked at the

4 "On a daily basis."

5 facility?

5

A Uh-huh.

6

A Uh-huh.

6

Q If you wouldn't mind reading that.

7

Q Would you agree that it was 2005?

7

A Oh. "On a daily basis he made offensive

8

A Yes, ma'am.

8 sexual comments to Despertt and to other female

9

Q See after the letter B it states, "He

9 employees while in her presence, such as asking them

10 pushed her up against the wall and holding her there

10 how they liked to have sex and what sexual positions

11 said, 'I want you'"?

11 they liked, stating the sexual positions and types of

12

A Uh-huh.

12 sex he liked, stating he liked performing oral sex on

13

Q Did we already discuss that incident?

13 women and describing how he liked his body touched

14

A Yes.

14 during sex and asking Say Wing if she ever had any big

15

Q "He asked her that she" -- "whether she

15 black dick."

16 wore push-up bras"?

16

17

17 specifically whether you liked to have sex and what

A We didn't discuss that, but he did ask me

Q When did he ask -- did he ask you

18 that when we was sitting at -- when I was sitting at

18 sexual positions you liked?

19 the table.

19

20

Q Was this on more than one occasion?

20 he wanted and how he liked it.

21

A It was a comment and he commented the size

21

Q Okay.

22

A And what positions he liked and how he was

22 and says, "I bet you wear a push-up bra. I bet you
BLOCKBUSTER.transcript.despertt

A He was just talking in general how -- what

Pages 45 - 48

Page 49

Page 51

1 a pro at oral sex and how much he liked it. He also

1 Brown about the sexual harassment."

2 told me directly that he wanted to perform oral sex on

2

3 me and which I told him no.

3 go back to the first sentence that you read, or that

4

4 first section, you described at least one occasion

Q Did he ever ask you how you liked to have

Q You can stop there. Thank you. So just to

5 sex and what position you liked?

5 where Mr. Johnson took a stack of DVDs to make your

6

6 work look smaller. Was there any other occasion where

A He never asked me about position, no. He

7 would just describe positions that he -- how he liked

7 he did that?

8 it. And this was addressed to me and Say, because Say 8

A The DVD stack?

9 sat right behind me.

Q Yes, where he picked up the stack of DVDs

10

9

Q Did you ever hear him ask anyone else how

10 to make your work look smaller.

11 they liked to have sex and what sexual positions they

11

A Not that I saw.

12 liked?

12

Q Did you hear about another incident where

13

A Other females, yes.

13 he did that to you?

14

Q What did you do when you heard him make

14

A No.

15 these comments?

15

Q Did you hear about an incident where he did

16

16 that to anyone else?

A We would -- we would just continue working.

17 I mean, it just -- after a while it just -- you know,

17

A Not to my knowledge.

18 you hear it but you kind of, like, tune him out

18

Q Did this cause you to be terminated by

19 because he's just talking and he's just there. But it

19 Blockbuster?

20 was often. It was very often that he would talk about

20

21 it.

21 terminated from Blockbuster.

22

Q Did you tell your fiance about these

22

A I never received a reason as to why I was
MR. PHILLIPS: And we'll object to the

Page 50

Page 52

1 comments?

1

foundation.

2

A Uh-huh.

2

3

Q Did you tell anyone else about these

3 statement that said Mr. Johnson would do such things

Q So you just read into the record a

4 comments?

4 as take a stack of DVDs to make your production look

5

5 smaller, "which caused her to be terminated by

A I would talk to Kofi about it. I would

6 tell my fiance everything.

6 defendant." Do you know if that's referring to you?

7

7

Q Did you talk to Kofi, also, pretty

A Yes, because this particular day when that

8 regularly about the -- your concerns about TAJ?

8 happened, that evening was when Cinnie called.

9

9

A When I saw him. He wasn't there all the

Q Now, you referred to an e-mail that you

10 time. TAJ and Linc were there all the time. Kofi was

10 shared -- or you sent to Ms. Cinnie Brown?

11 not. I believe he had another job.

11

A Uh-huh.

12

12

Q Aside from that e-mail, was there any other

Q Were you and Kofi friends outside of the

13 workplace?

13 time that you complained about Mr. Johnson or anyone

14

A No.

14 else at the facility to Cinnie Brown?

15

Q If you could look again at the document in

15

MR. PHILLIPS: By e-mail or by any means?

16 front of you, after the letter (G) in parentheses --

16

A Yeah.

17

17

Q By any means was there any other time that

A "He sabotaged her work because she declined

18 to enter into a sexual relationship with him, such as

18 you complained, e-mail or over the phone or --

19 taking stacks of DVDs from her to make her production

19

A To Kofi. Just to Kofi.

20 look smaller than it actually was, which caused her to

20

Q You complained to Kofi?

21 be terminated by defendant. Despertt complained to

21

A Uh-huh.

22 Lincoln Barrett about the work sabotage and to Cinnie

22

Q Did you complain to Cinnie Brown in any

BLOCKBUSTER.transcript.despertt

Pages 49 - 52

Page 53

Page 55

1 other fashion other than the e-mail that you referred

1 this e-mail?

2 to earlier?

2

3

A No.

3 to terminate me I was upset. I wanted to know why.

4

Q Okay. You can put that document aside. We

4

A I wrote the e-mail because when she called
Q Okay. Did anyone instruct you to write the

5 may return to it.

5 e-mail?

6

6

I'm going to show you what will be marked

A No.

7 as Despertt 3.

7

8

8

record, Despertt 3 is Bates number EEOC 00616 and

9

00617.

9

(Exhibit 3 was marked for identification
and attached to the deposition transcript.)

MR. PHILLIPS: If I may, Counsel, for the

10 BY MS. QUAMIE:

10

11

Q Do you recognize this document?

11 the e-mail, so into the second paragraph referring to

12

A Yes.

12 Thomas, or TAJ, "I had met him previously through

13

Q Do you know if this is the document that

13 association of another friend."

Q The -- maybe about three or four lines into

14 you were referring to earlier about an e-mail that you

14

A Uh-huh.

15 sent to Cinnie Brown?

15

Q Was this the same friend who told you about

16

A Yes.

16 Express Personnel or was it a different friend?

17

Q I'll give you a moment to skim the document

17

A It was Monique.

18 if you need time to review it.

18

Q Was it Monique Spears?

19

A I'm all right.

19

A Uh-huh.

20

Q Do you remember when the last time was that

20

Q Where had you met him previously?

21 you saw this particular e-mail?

21

A At a gathering at Shon's house. As I said,

22

22 he was dating my girlfriend Twanessa. Twanessa and I

A When I sent it to Mr. Phillips.
Page 54

1

Q At the beginning of the e-mail it states,

Page 56

1 went to Shon's house and he was there.

2 "This is a follow-up to our conversation on Friday,

2

Q Do you remember when this gathering was?

3 March 4, 2005."

3

A I think it had something to do with the

4

A Uh-huh.

4 Super Bowl or something to that effect.

5

Q Do you remember what that conversation was?

5

6

A I -- I called her and she was unavailable.

6 relation to when you began working at Express? Was

Q And do you remember how -- when that was in

7 And she didn't call me back, so that's when I sent the

7 it --

8 e-mail.

8

9

9 started working at Express. And Monique was -- said,

Q So did you have a conversation with her

A It was about a week, two weeks before I

10 then on Friday, March 4?

10 "Can you hook my girl up with a job?" And he asked me

11

11 what type of work I did. I told him. And he told me

A We didn't -- I mean, it was quick. She

12 didn't -- I called her. She said that she was on

12 that he would check into it and he would let Twanessa

13 another call and she would call me back. She didn't

13 know because he knew that Twanessa and I were friends.

14 call me back.

14

15

15 gave me the number -- well, he gave Twanessa the

Q I see. And why did you call her on that

Monique was in New York at the time and he

16 date, if you remember.

16 number to Express. I called Express, talked to

17

A I don't remember.

17 Cinnie, and a day later she called me back and told me

18

Q Do you remember if that was the same day

18 that I could report to Blockbuster 7:00 that morning.

19 that Ms. Brown told you that you were terminated from

19 Prior to I went to the library, I printed out the

20 your employment?

20 forms and I took them with me to Blockbuster and then

21

A I believe so.

21 I faxed them from Blockbuster.

22

Q And do you remember why you chose to write

22

BLOCKBUSTER.transcript.despertt

Q Had you interacted with Mr. Johnson at all

Pages 53 - 56

Page 57

Page 59

1 after that incident but before starting to work at

1

A We were on the floor.

2 Blockbuster?

2

Q Did anyone else hear this comment?

3

A Just besides at the party, no.

3

A I can't say if they did.

4

Q If you could just look at the bottom of

4

Q Was anyone else around that you saw?

5 that first page, it states -- the sentence beginning,

5

A They were always around, but I can't say if

6 "I became friends with one of the other managers, Kofi

6 they --

7 Tutu," if you could read that to the end of the page,

7

8 please.

8 conversation just between those two individuals?

9

9

A "I became friends with one of the other

10 managers, Kofi Tutu. TAJ was under the impression I

Q Did you say anything in response or was the
A I was adjacent to it and Kofi told him no.

10 And then I told him we're not sleeping together.

11 was sleeping with Mr. Tutu, which has never happened. 11

Q Did you tell anyone else about this comment

12 I believe since I did not give into TAJ's advances,

12 or this question by TAJ?

13 then all of a sudden out of the blue I am not working

13

A Not that I recall.

14 out any longer. I was being considered for a

14

Q If you would just back up a little bit, you

15 permanent, position possibly as a driver, just last

15 said that you were -- you asked to work a little bit

16 week."

16 later. You said that, "We would do inventory."

17

17

A Uh-huh.

18 sentence, "I became friends with one of the other

18

Q Who is "we"?

19 managers, Kofi Tutu"?

19

A Me, Kofi and Linc.

20

20

Q Did anyone else stay late to do the

Q Okay. Thank you. What did you mean by the

A Because since Kofi was the only one that I

21 trusted to confide in. And at one point I started

21 inventory?

22 doing inventory at night for Linc because I asked to

22

A We were the only three.

Page 58

Page 60

1 come in later so that I wouldn't have to be around

1

Q Was it always you, Kofi and Linc?

2 TAJ. And Linc offered me the chance to come in a

2

A Yes.

3 little later in the afternoon, but I would stay until

3

Q And do you remember -- do you recall when

4 late at night and we would do inventory of the whole

4 Mr. Johnson asked the question about whether the two

5 stock. And my car broke down and Kofi was giving me a 5 of you were sleeping together?
6 ride home. I would catch the bus to work, but Kofi

6

A The date?

7 would give me a ride home. That's what I mean by we

7

Q The date or in relation to when you stopped

8 became friends.

8 working at Blockbuster or Express Personnel.

9

9

And one night TAJ saw me getting in Kofi's

A It was within two weeks of me leaving

10 car. And I can't say exactly what transpired between

10 there -- I'm sorry, if I may back up, it may have been

11 him and Kofi, but after that he came to work and he

11 within, I would say, two to four weeks.

12 asked Kofi was he fucking me, and Kofi was like no.

12

13 And TAJ was like, "Oh, man, you know you hitting

13 were working as a distribution clerk?

14 that." And Kofi was like, "No. We're just friends."

14

A No.

15 So that's what I meant by that. I -- I believe TAJ

15

Q How do you know you were being considered

16 was under the impression that I was sleeping with

16 for a permanent position?

17 Kofi. However, I was not sleeping with him.

17

A Because Linc told me.

18

18

Q When did he tell you?

19 of you were sleeping together, did you hear this

19

A It happened within two weeks prior to me

20 comment? Did you hear this --

20 leaving or a week. He said that I did such a good job

21

A Uh-huh.

21 with the inventory and I was familiar with the

22

Q Where were you when this comment was made? 22 procedures at Shady Grove. When you're doing bulk

Q When TAJ asked Kofi about whether the two

BLOCKBUSTER.transcript.despertt

Q Had you received any discipline while you

Pages 57 - 60

Page 61

Page 63

1 mail or metered mail there are certain procedures that

1 that. Where you state in the e-mail, "I went to Linc

2 you need to know, which I was familiar with because I

2 and told him about my concerns on the 4th of March,"

3 had the experience from a previous employer.

3 do you remember that conversation? What were the

4 Therefore, he said that I would be great since I knew

4 concerns that you went to Linc to talk about?

5 those procedures.

5

6

6 DVDs I went to complain to Linc about that then.

And he asked did I have a driver's license.

A After he took -- said that when he took my

7 I told him yes. And he told me that within a month

7

8 that I would be the one driving to take the mail,

8 about TAJ taking DVDs?

9 because every night we had to take the mail to go out,

9

10 the DVDs that were going out. And he said that within

10

11 a month that I was going to be his driver and that I

11 at that time?

12 was going to be a Blockbuster employee. And I was

12

A No.

13 happy about that.

13

Q And was that incident, to your knowledge,

14

14 the only time that your stacks had not been up -- your

Q While you were working there did you

Q Okay. And so you went to Linc to tell him
A Uh-huh.
Q Did you share with him any other concerns

15 receive any other -- any performance evaluations or --

15 stack had not been up to ten stacks per hour or ten

16

A No.

16 DVDs --

17

Q -- any feedback about your work?

17

A That's the only time.

18

A Just verbal.

18

Q Would someone inform you or would you be

19

Q What was the verbal feedback that you

19 informed if it was not at the right amount?

20 received?

20

A Yes.

21

A From Linc?

21

Q Did you have any other concerns that were

22

Q Or anyone else.

22 not addressed in this e-mail to Cinnie Brown and that
Page 62

1

A From Linc -- it was mostly from Linc and

Page 64

1 we have not discussed about TAJ Johnson or your work

2 Kofi. They were impressed to the fact that I was able

2 there?

3 to scan very fast. They were also impressed, like I

3

4 said, with the knowledge and the procedures. The

4 would, like, stick his tongue out, you know, like

5 policy and procedures at the Post Office. And Linc

5 (indicating), like that.

6 was impressed to the fact that, you know, wherever --

6

7 whatever area he put me in I excelled. I did a good

7 we didn't address was him coming to work reeking of

8 job at it and he often commented me on that.

8 alcohol, which I personally have a sensitive stomach

9

9 and he would be, like, right up in our faces. And, I

Q Did Cinnie Brown ever give you any feedback

A Besides the eye gestures and, you know, he

And the other thing that was in here that

10 about your performance?

10 mean, it was just, like, coming out of his breath,

11

A No.

11 which made me sick to my stomach. And it happened

12

Q If you can just draw your attention to the

12 often.

13 last line of that page, "I went to Linc and told him

13

14 about my concerns on the 4th of March. He said I had

14 days in a row, that Linc sent him home because he was

15 to get my stacks up to ten stacks per hour."

15 reeking of alcohol. But other than that and the eye

16

16 gestures and, you know, the thing with the tongue and,

A Uh-huh. That's like I said where we were

And I do recall twice, I think it was two

17 being timed as far as stacks and he -- it was in the

17 you know -- other than that, no, that I can recall of

18 beginning and you had to get ten stacks per hour, and

18 everything we have already discussed.

19 I believe I was getting eight. But it did improve to

19

20 ten. And he said that -- I believe TAJ was supposed

20 two more e-mails. I'm going to show you what's going

21 to give me a count, but that never happened.

21 to be marked Despertt 4.

22

22

Q And we can back up to the first part of

BLOCKBUSTER.transcript.despertt

Q Okay. Thank you. I'm going to go through

(Exhibit 4 was marked for identification
Pages 61 - 64

Page 97

Page 99

1 during lunch.

1

2

2 touch her in a sexually offensive manner?

And during lunch myself and Monique would

Q Do you know if -- did you ever see anyone

3 have lunch together. The -- Ms. -- Dolores and all

3

A Besides the shoulders thing, no.

4 them would sit at a table by themselves. TAJ and Kofi

4

Q Did you ever hear anyone make any sexual

5 and them rarely ever had lunch with us. So there

5 comments towards Lita?

6 wasn't much time to, like, on the floor talk. We

6

7 didn't do that. We weren't allowed to do that. But I

7 in general when we were sitting there. I mean, it was

8 did notice that when we would go to the back when we

8 my opinion that he was addressing anyone who was

9 were putting away the stuff where the racks were, they

9 listening. So I would have to say yes, because I felt

A As I said before, the sexual comments were

10 would get together and talk back there unless they

10 that it was directed towards all of us.

11 heard or saw somebody coming.

11

12

Q Who's "they"?

12 comments towards Lita?

13

A Dolores and her daughter or -- they would

Q What about any racist comments or racial

13

A I don't remember.

14 try to work together on the same row, because we all

14

Q Does the name Gilda --

15 got different rows. So they would try to get -- so

15

A Yes, I remember Ms. Gilda.

16 they would be together. But there wasn't much talk

16

Q Ms. Gilda. Is her last name Arevalo?

17 about -- I didn't hear anything about them complaining

17 Arevalo?

18 about him. And like I said before, if they did

18

19 converse, it was in their language which I don't

19 remember Ms. Gilda.

20 understand.

20

21

Q Do you know who Elizabeth Ledesma is?

21 complaints towards you about her -- any concerns about

22

A That name does ring a bell.

22 TAJ or Kofi or anyone else at the facility?
Page 98

1

Q Would you recognize her if you saw her

2 today?
3

A Maybe.

4

Q Do you know if anyone ever -- do you know

5 if TAJ or anyone else at the facility touched her in a
6 sexually offensive manner?
7

A I don't remember. Not that I can recall.

8

Q Do you recall anyone ever making any racist

9 comments towards her?
10

A Not that I can recall.

11

Q What about -- do you know if anyone made

12 any sexual comments towards her directly?
13

A Not that I know of.

14

Q Does the name Milagros Ledesma sound

15 familiar? Do you know who she is?
16

A No.

17

Q Do you know who Grisel Nunez is?

18

A Nunez rings a bell.

19

Q Do you know if her first name is Grisel?

20

A I'm not sure.

21

Q Do you know Lita Zubiate?

22

A I remember Lita, yes.

BLOCKBUSTER.transcript.despertt

A I don't know what her last name is, but I
Q Do you remember Ms. Gilda ever making any

Page 100

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

A No.
Q Do you know if anyone ever made any
sexually offensive comments towards Ms. Gilda
directly?
A Again, I feel that the comments were in
general to all of us because we were all sitting
there.
Q How about any racist comments?
A Not that I know of.
Q Did you ever see anyone touch her in a
sexually offensive manner?
A Just besides the shoulders thing.
Q Victor Ruiz, does that name sound familiar?
A It does, but I don't remember who he is. I
think I've heard that name before, though. I don't
remember who he is, though.
Q You mentioned Say Wing earlier. Do you -can you recall if you ever saw anyone touch her in a
sexually offensive manner?
A The shoulder thing.
Q Is there anything else?
A Not that I saw. It was just the comment
Pages 97 - 100

Page 101

Page 103

1 that he asked her directly -- and I did hear this --

1

2 has she ever had any big black dick. And she laughed,

2 said. But yes.

3 and he asked -- he said, "Do you want some big black

3

Q Did you speak with her about it?

4 dick?" And she laughed it off. But again, she, too,

4

A No. We didn't talk directly about it.

5 would talk in her language on the phone with somebody. 5

A Yeah, but I don't remember exactly what was

Q How did you hear about it?

6 I don't know who she was talking to.

6

A I could hear her talk on the phone.

7

7

Q Oh, okay. Do you remember who she was

Q Did she ever talk to you about her

8 concerns --

8 talking to?

9

9

A No.

A No.

10

Q -- or share any concerns about --

10

Q Do you remember what she was saying?

11

A No.

11

A She was saying that TAJ asked her out and

12

Q -- how she felt?

12 she told him no, and I think he asked her out again

13

A No.

13 and she told him no. I think that's about it. I

14

Q Did anyone else hear this comment?

14 think he just kept asking her out. She said she

15

A We were all sitting there. I'm sure they

15 wasn't interested.

16 did. Ms. Lolita was sitting there, Ms. Dolores was

16

17 sitting there when TAJ made that comment to Say.

17 clear, you said she never spoke with you directly --

18

18

Q Were there any other comments that you are

19 aware of made towards Ms. Say Wing that were sexually 19

Q And you said -- just to make sure I'm
A No.
Q -- about her interactions with TAJ?

20 offensive, in your opinion?

20

A No, not that I remember.

21

21

Q Did you ever see anyone touch Blythe in a

A There were, but I can't remember exactly

22 physically -- in a sexually offensive manner?

22 what was said.
Page 102

Page 104

1

A I don't remember.

2 comments towards Say Wing?

2

Q Did you anyone make any racist comments

3

A No.

3 towards Blythe?

4

Q Does the name Yasmina Asumanu sound

4

A Not that I recall.

5 familiar to you?

5

Q And can you recall her ethnicity or

6

A I don't recall that. No.

6 national origin?

7

Q Does the name Emetem Nkwetta sound familiar

1

Q Do you ever remember hearing any racial

7

A I don't know where she was from.

8 to you?

8

Q Do you remember LaQuanta Brinson?

9

9

A That name sounds familiar. That sounds

A No.

10

Q Does the name Blythe sound familiar?

10 familiar.

11

A I've heard that name before. Yeah, I've

11

Q Would you recognize her if she walked in

12 heard that name. Yeah, she used to work there.

12 this room today?

13

Q Do you know if she went by any other names?

13

A I can't say.

14

A She -- I believe she came when -- right

14

Q So do you remember seeing her at the

15 when -- right before I ended up leaving. But I

15 facility?

16 don't -- I think she had a nickname, but I don't

16

17 remember who it was. But -- because I remember

17 the name. There were a lot of us, though, all the

18 Blythe. I thought that was an unusual name. So I do

18 females and, like, three guys.

19 recall that name.

19

20

20 any other supervisors ever raise their voice or yell

Q Do you remember ever hearing about any

A I remember the name. I definitely remember

Q While you were working at the facility did

21 complaints that she may have made about anyone

21 at you?

22 touching her in a sexually offensive manner?

22

BLOCKBUSTER.transcript.despertt

A Yes.
Pages 101 - 104

Page 109

Page 111

1 stay with them. For each thing that they would do,

1

2 you would stay with them to make sure that they were

2 finish their work --

3 doing it correctly.

3

A Yes.

4

4

Q -- or was someone else ever asked to finish

Q Who told you to do that? Who told you to

Q So were you ever asked to help someone else

5 monitor the new employees?

5 your work?

6

6

A Sometimes it would come from Linc,

A Yes. If they weren't finished putting them

7 sometimes it would come from TAJ.

7 away, then yeah.

8

8

Q You would help someone else?

9

A Uh-huh.

Q And do you know why they asked you and

9 Monique to monitor the new employees?
10

A No.

10

11

Q Did anyone else -- did you ever see anyone

11 lunchtime. How long was the lunch break?

Q I think you talked a little bit about

12 else besides Monique and obviously yourself monitor

12

A Thirty minutes.

13 the new employees?

13

Q About 30 minutes. How did you know when it

14

14 was time to take lunch?

A Yeah, Shon did, Fernando did. It wasn't

15 just -- you know, just us all the time.

15

A They would tell us.

16

Q And what is Monique's ethnicity or race?

16

Q Who's "they"?

17

A African-American.

17

A TAJ or -- it was -- it was mostly TAJ.

18

Q And Shon?

18 Mostly TAJ would tell us when to go to lunch.

19

A African-American.

19

20

Q And Fernando?

20 you have lunch?

21

A African-American.

21

A I would bring my lunch.

22

Q Are you aware of any accidents of employees

22

Q Could individuals leave the warehouse and

Q And where did you take lunch? Where did

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Page 112

1 being accused of stealing DVDs while you were there?

1 get their lunch and return?

2

A Did I witness any?

2

A Yes. Yes.

3

Q Did you witness any employees stealing

3

Q And how did you know it was time to return

4 DVDs?

4 from lunch?

5

A No. I heard about it.

5

6

Q What would happen, to your knowledge, when

6 30 minutes.

A We only had 30 minutes, so we'd be back in

7 people were accused of --

7

Q What happened if you took 35 minutes?

8

A I don't know what happened.

8

MR. PHILLIPS: Objection, foundation,

9

Q Were you ever called in to speak with -- to

9

speculation.

10 answer questions about employees stealing DVDs?

10

11

A Not that I remember. I remember it was

11

A It was rare that anybody came back late.

12 a -- it was an issue at one time, but I can't recall

12

Q Did you ever come back late from your

13 exactly what happened. But I do remember there was an

13 30-minute lunch?

14 issue with stealing DVDs.

14

A Not that I remember.

15

15

Q Do you know what happened if someone came

Q I think you mentioned earlier that you

You can answer if you can.

16 would work from 7:00 a.m. until the work got done.

16 back late from a 30-minute lunch?

17

A Uh-huh.

17

A Not that I remember.

18

Q What happened at the end of the day? Did

18

Q Were some employees allowed to stay at

19 everyone -- did you leave when you were done with your

19 lunch longer than others?

20 particular assignment or did everyone have to finish

20

A Yes.

21 at the same time?

21

Q Do you know which employees were allowed to

22

22 stay at lunch longer than others?

A They all finished at the same time.

BLOCKBUSTER.transcript.despertt

Pages 109 - 112

Page 113

Page 115

1

A Monique was one of them.

1

A Uh-huh.

2

Q Were the African-American employees allowed

2

Q To your knowledge, did you observe TAJ, or

3 to stay at lunch longer than the Hispanic employees?

3 Mr. Johnson, monitoring the Hispanics' work more

4

A Yeah, sometimes. Yes.

4 closely?

5

Q Were the Hispanic employees ever allowed to

5

A No.

6 stay at lunch longer than the African-American

6

Q Did you ever see Mr. Johnson and Kofi Tutu

7 employees?

7 time the Hispanic employees while they were sorting

8

8 DVDs and make them compete against each other?

9

A No.
MS. QUAMIE: Okay. I'm going to ask the

9

A They timed us, yes.

10

court reporter to mark this document as

10

11

Despertt 6.

11 timed besides Hispanic employees?

12
13

12

(Exhibit 6 was marked for identification

Q Was everyone timed or were other employees
A It was -- it was kind of like a different

13 person each day, but we were all timed.

and attached to the deposition transcript.)

14 BY MS. QUAMIE:

14

Q You were timed?

15

Q Have you seen this document before?

15

A Uh-huh.

16

A No.

16

Q You were timed?

17

Q If you can take a minute to flip through

17

A Uh-huh.

18 it, it's -- I'm going to represent to you this is

18

Q Could you respond audibly?

19 Plaintiff EEOC's Answer to Defendant Blockbuster's

19

A Yes. Yes. I'm sorry.

20 First Set of Interrogatory Requests.

20

Q Going to the next sentence, it states at

21

21 the end that, "Hispanic workers were made to help the

22

MR. PHILLIPS: Just want her to flip

22 black workers finish their work." Did you say that --

through to see if she can identify it?
Page 114

1
2
3

MS. QUAMIE: Yeah. I think she said she
had never seen it before. That's fine.

1 did you ever see black workers helping Hispanic
2 workers finish their work?
3

A Not that I remember.

4 this information --

4

Q Did you ever help someone else finish their

5

5 work?

6
7

A (Complying.) This is confidential, right,

Page 116

MR. PHILLIPS: The -A -- that's in here?
MR. PHILLIPS: Some of it may be.

6

A Yes.

7

Q If you can turn to the next page, page 24.

8

A I don't remember this.

8

A That's true (indicating).

9

Q Okay. If you could turn to page 23, I want

9

Q What are you referring to?

10 to ask you about the last paragraph. I recognize

10

11 you've not seen it before, but I want to ask you about

11 availability, he would send the Hispanic workers home

12 some of the statements in the last paragraph that

12 prior to us. That I do recall.

13 begins, "Johnson monitored the Hispanics' work more

13

Q Okay. And do you know why that is?

14 closely."

14

A No.

15

15

16
17

MR. PHILLIPS: Would you like her to read
the paragraph?
Q You can read it to yourself. You don't

A I'm referring to when we had decreased work

MR. PHILLIPS: For the record, the witness

16

was referring to the first sentence on page 24.

17

Q If you could direct your attention to the

18 need to read it out loud.

18 paragraph that begins, "Black employees." It's the

19

A (Complying.)

19 next paragraph. "Black employees were given longer

20

Q You can just stop after just reading that

20 lunch breaks than Hispanic employees. Johnson

21 paragraph. I'm going to ask you just a few quick

21 consistently allowed African workers to use the

22 questions.

22 microwave before Hispanic workers." To your

BLOCKBUSTER.transcript.despertt

Pages 113 - 116

Page 121

Page 123

1 basically who I talked to. But to -- to see a

1 was a manager that came. I can't recall his name, but

2 psychiatrist or anything like that, no.

2 he came from another Blockbuster and he commented on

3

MS. QUAMIE: I don't have any additional

3 my size. And TAJ commented to him, like, "Oh, yeah,

4

questions for you. Your attorney may -- or will

4 man, she's fine. I'm trying to get that." And he

5

likely ask you some questions now to clarify, and

5 asked TAJ were him and I dating, and TAJ was like,

6

then I may have a few follow-ups.

6 "No, but I'm trying to get with her."

7

THE WITNESS: Okay.

7

MS. QUAMIE: But that's it as far as my

8 myself, Fernando, I believe Shon, out to the club. I

8
9

initial questioning for you.

And this same night he invited Say Wing,

9 believe it was Love Club. He said he had VIP. And

10

MR. PHILLIPS: Thank you.

10 Say Wing, I know, went for sure because the next day

11

EXAMINATION OF MICHELLE R. DESPERTT

11 when we came to work that Monday they were talking

12 BY MR. PHILLIPS:

12 about it.

13

13

Q Just a few, as you say, clarification

So after that I just kind of, like -- I

14 questions. Ms. Despertt, did anyone from Express

14 really, like, stayed to myself. I mean, I went and I

15 Personnel ever communicate to you the procedure for

15 did my work, I wasn't rude, but I didn't dress like I

16 complaining about sexual harassment.

16 used to. I started wearing sweatpants and

17

A No.

17 sweatshirts. I wore my hair up in a ponytail. I

18

Q Did anyone from Express Personnel ever

18 never wore it down, although it was much longer then.

19 communicate to you whether or not sexual harassment

19 I stopped wearing makeup. I kind of stopped making

20 was against company policy?

20 myself, in my opinion, look attractive because I

21

A No.

21 didn't feel comfortable with the -- you know, because

22

Q Did anyone from Blockbuster ever

22 we used to -- like I said, we used to be able to wear
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Page 124

1 communicate to you the procedure for complaining about 1 whatever we wanted, but after a while I started

2 changing my dress.
3
MR. PHILLIPS: Thank you. No further
4
questions. Pass the witness.
Q And did anyone from Blockbuster ever
5
MS. QUAMIE: I don't have any follow-up
communicate to you whether or not sexual harassment
6
questions.
was against company policy?
7
MR. PHILLIPS: All right. We'll read and
A No.
8
sign.
Q Did anyone from either Express Personnel or
9
(Signature having not been waived, the
Blockbuster ever question you specifically about
10
deposition of Michelle R. Despertt, ended at 2:13
sexual harassment that you may or may not have
11
p.m.)
experienced?
12
A No.
13
Q When you were at -- when you were still
14
working at the Blockbuster warehouse, at some point
15
did you start changing the way you dressed?
16
A Yes.
17
Q Why did you do that?
18
A Because I felt uncomfortable. I stopped
19
wearing jeans, started wearing sweatpants, sweat
20
suits. I stopped wearing -- like, for instance -21
like, for example, what I have on today.
22
One time I was wearing some jeans and there

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

A No.

BLOCKBUSTER.transcript.despertt

Pages 121 - 124