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 OF MARYLAND

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

10
11

Deposition of Dolores Gonzales

12

Bethesday, Maryland

13

Wednesday, May 7th, 2008

14

9:00 a.m.

15
16
17
18
19
20

Job No. 1-126045

21

Pages 1 - 139

22

Reported by:

Laurie Bangart-Smith, RPR, CRR

BLOCKBUSTER.transcript.gonzalesd

Page 33

Page 35

1

A

Because Lolita translated it for me.

1 to him as "Thomas" -- at the facility yet?

2

Q

Did Ms. Brown tell you that?

2

A

3

A

No. Mr. Lincoln.

3

Q

What about Kofi?

4

Q

All right. You mentioned that Lincoln

4

A

No, he wasn't.

5 Barrett explained the process to you. When did he

5

Q

Was Mike Smith at the facility yet?

6 explain the process to you?

6

A

No, he wasn't.

7

A

The first day I came in to work.

7

Q

Were there any other managers at the

8

Q

And Lolita translated that conversation for

8 facility besides Lincoln Barrett when you started your

9 you?

No.

9 assignment there?

10

A

Yes.

10

A

No. He was the only one.

11

Q

And what did Mr. Barrett say during that

11

Q

During your first conversation with Lincoln

12 conversation the first day?

12 Barrett, did he say anything about training

13

13 opportunities?

A

Step by step he explained to me from the

14 point that DVDs are returned by the customers, and

14

15 then he told me that if I perform my job well, that I

15 the job that we performed there.

16 could be hired as an employee at Blockbuster.

16

17

Q

Did he say anything else?

17 for computer, correct?

18

A

With regard to the work, he spoke to me

A
Q

No. He referred only to the training for
And I take it he also referred to training

18

A

Yes.

19 about the schedule, that the schedule was to come in

19

Q

When did Taj start working at the facility?

20 at 7:00 a.m., that there were days that you could work

20

A

I can't remember the exact date that he did,

21 12 hours because there was more work, and also that

21 but the three managers came on. Taj, Kofi, and I

22 there was work on Saturdays and that they would be

22 don't remember the other; they came on as supervisor.

Page 34

Page 36

1 paying overtime [sic]. Everything related to the

1 That's what Lincoln said they were, supervisors.

2 work, the work policies.

2

3

3 supervisors to you and others at the facility when

THE INTERPRETER: The interpreter would like

Q

Did Lincoln introduce the managers or

4

to correct from the prior response that they

4 they arrived?

5

would like to pay "us" overtime, which I

5

A

Yes.

6

understood as "no."

6

Q

And what did he say about them?

7 BY MS. SPEIGHTS:

7

A

That three supervisors had been hired to

8

Q

And you said policies and procedures?

8 improve performance, to improve work performance, and

9

A

Yes, procedures, what was the procedure that

9 that they were increasing the customership and that

10 had to be followed to do your job.

10 the company wanted to do a good job.

11

11

Q

Did he talk to you about the policies

Q

Who was your supervisor, of those three

12 regarding being late or absent from work?

12 managers?

13

A

Yes, he did, too.

13

14

Q

And what did he say about those policies?

14 there was a specific staff under a particular

15

A

That we had to fulfill -- with regard to me,

15 supervisor.

A

All three were supervisors. It wasn't that

16 that we had to keep to the schedule, that we had to be

16

Q

When did your assignment at Blockbuster end?

17 in at 7:00 a.m., and that there were two 15-minute

17

A

July 1st of 2005.

18 breaks and 30 minutes for lunch. He was the general

18

Q

And what is your understanding of why it

19 manager at that time, and if you wanted any leave, he

19 ended?

20 was the person that would give you leave.

20

21

21 had to leave at 12:30 because there wasn't any more

Q

When you started your assignment at

22 Blockbuster, was Taj -- or I guess we've also referred
BLOCKBUSTER.transcript.gonzalesd

A

That day Taj came up to me and said that I

22 work, both me and Lolita.
Pages 33 - 36

Page 37

Page 39

1

Q

Did he say anything else?

1 few days before" she had had an incident with Takara,

2

A

No.

2 a few days before when?

3

Q

After that conversation with Taj, did you

3

A

Before the day of the dismissal,

4 leave work?

4 termination.

5

5

A

When I was finishing up, there was still

Q

Did you see the incident between Lolita and

6 pending work, and then Lincoln came up to me and said

6 Takara?

7 that there was no longer any work, to leave, and then

7

A

8 he told -- he went up to Lolita and told her that the

8

Q

And what happened?

9 staff had complained about her, that they didn't get

9

A

Takara was working at the computer, and

Yes.

10 along well with her, that she had problems with

10 Lolita was located at another table. I was across

11 everybody and that Lolita didn't do her job well.

11 from Lolita. Takara called, shouted at Lolita and she

12

12 said to her that she was a loafer, that she didn't do

Q

Did Lolita interpret for you the direction

13 from Taj that you had to leave because there was no

13 her job, and threw some DVDs at her, threw some DVDs

14 work?

14 on the table.

15

A

I understood that.

15

Q

Were you able to understand Takara when she

16

Q

Did you ever talk with Cinnie Brown about

16 called Lolita a loafer and told her that she did not

17 the end of your assignment at Blockbuster?

17 do her job?

18

18

A

On July 1st when I got home, Cinnie Brown

A

No, I didn't understand what she said, but I

19 called us to let us know that we had been terminated.

19 saw her gestures, and since she was raising her voice

20

Q

Did you talk to Cinnie Brown?

20 and she was shouting very loud, I knew something was

21

A

No. Elizabeth and Lolita did.

21 going on that wasn't right. And then afterwards

22

Q

And did Elizabeth and Lolita tell you what

22 Lolita and Elizabeth translated for me what she had
Page 38

Page 40

1 Cinnie Brown said during that phone conversation?

1 said.

2

A

Yes.

2

3

Q

And what did she say that Cinnie Brown said?

3 between Takara and Lolita?

4

A

What Lincoln had said is that I was

4

A

Not of that type I hadn't.

5 terminated because I would miss work too much, and

5

Q

Well, had you observed other types of

6 Lolita was because she had problems with all of the

6 incidents between the two of them?

7 coworkers and did not do her job well.

7

8

8 had certain privileges. Some duties that had been

Q

Now, I believe you testified earlier that

9 Lincoln told Lolita that staff had complained about

Q

A

Had you ever observed any other incidents

The thing is that Takara was new. Takara

9 given to Lolita were given to Takara later, and that,

10 her and that there were employees who had problems

10 of course, produces displeasure.

11 with her; is that right?

11

12

A

Yes.

12 facility?

13

Q

When did Lincoln tell Lolita that?

13

A

I don't recall.

14

A

A few days before, there was -- Lolita had

14

Q

When you said that Takara had "certain

Q

When did Takara start working at the

15 an incident with Takara, and Takara complained about

15 privileges," what do you mean she had "certain

16 Lolita. So when Lolita went to tell Lincoln what had

16 privileges"?

17 happened, Lincoln treated her poorly and said she was

17

18 the one who caused problems, that personnel had

18 she had a set schedule that she worked. I don't

19 complained that they didn't get along well with

19 remember whether it was at 4:00 or 5:00 p.m., but that

20 Lolita, and then later, on the 1st of July, he

20 she couldn't work any longer than then, because she

21 repeated the same thing to her.

21 had to pick up her little girl.

22

22

Q

When you said that -- when you said that "a

BLOCKBUSTER.transcript.gonzalesd

A

Q

One thing was that -- one of them was that

Any other privileges?
Pages 37 - 40

Page 49

1

Q

Page 51

1 believe you said her name was Julie or Judy at the

All right. So for our purposes, I'm going

2 to -- because I think it's easier to read -- look at

2 EEOC?

3 the attachments to Exhibit 3, so let's just put

3

A

Judy.

4 Exhibit 2 to the side.

4

Q

Judy.

5

5

A

I can't remember. The first conversation I

Ms. Gonzales, who prepared the attachment to

6 Exhibit 3? And just to be clear, I'll refer to the

6 had with that 1-800 operator, she's the one that gave

7 numbers at the bottom that the EEOC put on it. That's

7 me the guidance and told me that I had to draft a

8 EEOC 00397, 398 and 399.

8 letter, that I had to indicate what I believe was the

9

9 reason for the discrimination, and then that at a

10

Who prepared those pages?
A

10 later date we would be given an appointment to take

Lolita and I were called in to the EEOC

11 office by Judy Navarro, who took our statement. Who

11 our statement in person about what had happened.

12 prepared it? Do you mean who manually did it or who

12

13 drafted it?

13 you read for us the third sentence on that page that

14

Q

Yes.

14 starts with the word "Semanas."

15

A

Who drafted it?

15

16

Q

Yes.

16 my daughter Lolita out, and since she didn't accept,

17

A

I did.

17 then, as retaliation, he changed his behavior towards

18

Q

And who typed it?

18 us."

19

A

Lolita.

19

20

Q

And is it your testimony that this was

20 your daughter Lolita out?

Q

A

All right. If you look at Page 00397, can

"Weeks later, Supervisor Thomas Smith asked

Q

How do you know that Thomas Smith invited

21 prepared at the request of the EEOC?

21

A

Because Lolita told me.

22

22

Q

All right, and how did he change his

A

I don't -- I can't remember. It's so long
Page 50

Page 52

1 ago and there are so many things.

1 behavior toward -- it says "us." When you say "us,"

2

2 who are you referring to? Let me start with that

Q

When did you first contact the EEOC after

3 you were terminated from Express?

3 question.

4

4

A

Lolita, Andrea, Milagros and me.

5 called the 1-800 number and I asked for information.

5

Q

And how did he change his behavior?

6 I briefly explained our case at work, and they told me

6

A

Towards them, he would shout at them, he'd

7 that they were going to send us some forms, a

7 raise his voice, and with me he wasn't as nice as he

8 questionnaire to fill out.

8 was at the beginning. He started to cut off the hours

9

9 or reduce the hours in my schedule. We knew that

A

Q

Approximately -- before a month went by, I

And at the time that you contacted the EEOC,

10 had you prepared Pages 397 through 399?

10 there was work, but he would send us home, and his

11

A

No.

11 friends or neighbors from his neighborhood would

12

Q

How soon after contacting the EEOC did you

12 continue -- would stay there working until 7:00 or

13 prepare this document?

13 8:00 p.m.

14

14

A

Approximately, because I'm not exactly sure

Q

How do you know that he had friends or

15 of the time, but two or three weeks afterwards.

15 neighbors from his neighborhood working at the

16

16 facility?

Q

And why did you prepare this document at

17 that time?

17

18

18 how many there were, but there were a lot of them, a

A

Because I was told that I had to write up

A

Because after Taj came in, I don't remember

19 the events that had taken place.

19 lot of people came in to work. They were neighbors.

20

Q

And who told you that?

20 They themselves said they were from his neighborhood

21

A

When I called the 1-800 number.

21 and that they were friends of Taj and that he had

22

Q

And when did you first speak with -- I

22 known them for years.

BLOCKBUSTER.transcript.gonzalesd

Pages 49 - 52

Page 53

Page 55

1

and even if they were wrong, Lincoln would

2 referring to?

2

approve them.

3

A

His friends.

3 BY MS. SPEIGHTS:

4

Q

Who? Identify them. What are their names?

4

Q

How do you know that?

5

A

Michelle, Fernando, Monique, AJ. I can't

5

A

Because when we would go to Lincoln to

1

Q

And when you say "they," who are you

6 remember the others, but there were several other

6 complain, for example, about the schedule, he would

7 ones. And when they all came in, he said something

7 say, "I can't go against what Taj said," that he could

8 that was very nasty about the Latinos, that he was

8 not take authority away from him.

9 going to dismiss or fire "these damn people."

9

Q

And how do you know he said that?

10

A

Because I always needed a translator, and my

10

Q

How do you know that Taj said he was going

11 to dismiss or fire "these damn people"?

11 daughter or my niece were there for me.

12

A

Because he said it out loud.

12

MR. PHILLIPS: I don't mean to break up your

13

Q

And you were able to understand him when he

13

translation, but we've been going an hour and 20

14

minutes.

14 said it?
15

A

No, but the people who were there who heard

When did Thomas change his behavior towards 17

Q

(Whereupon, the lunch recess was taken.)

16 BY MS. SPEIGHTS:

16 him translated it for me.
17

15
Q

Okay, Ms. Gonzales, I'm going to go back to

18 you and the others?

18 looking at EEOC Pages 3993 to 3995.

19

A

Not very long after he came to work.

19

20

Q

Approximately what month?

20

21

A

What month?

21

MS. SPEIGHTS: I'm sorry. Yes.

22

Q

Yes.

22

MR. PHILLIPS: Okay.

MR. PHILLIPS: I'm sorry. 397 to 99, do you
mean?

Page 54

1

A

The thing is I can't remember what month he

Page 56

1 BY MS. SPEIGHTS:

2 started working there either.

2

3

3 document. 397 to 399.

Q

And you testified that he started changing

4 hours?
5

A

Q

4
Yes. We would be coming in at 7:00, and

I'm sorry. I'm looking at the wrong
Ask you to read the first two sentences of

5 the second paragraph.

6 then all of a sudden he would change it to 9:00 or

6

A

7 10:00 in the morning, and then he would send us home

7 warehouse had the privilege to receive training.

8 early. Then he'd monitor us and stand in front of us

8 Nonetheless, I never received that training, despite

9 and check to see how much time it would take us to

9 the fact that I was one of the most senior persons."

10 complete each stage of the procedure. He turned very

10

11 strict with us, but with his black friends he wasn't

11 training while you were assigned to Blockbuster?

12 like that.

12

13

13 that I wanted to learn how to work on the computers.

Q

And this all happened shortly after he

Q

"Any person who was hired to work at the

A

Yes, I did ask, requested of Mr. Lincoln

14 started working there?

14

15

A

Yes.

15 you tell Mr. Lincoln that you wanted to learn to work

16

Q

Wasn't Lincoln Barrett responsible for

16 on the computers?

17 making the schedules and tell you what hours you were 17

Q

Ms. Gonzales, did you ever request any

A

And when did you ask Mr. Lincoln -- when did

The process to prepare the labels to send

18 supposed to come in?

18 out to the customers, and then there was another

19

MR. PHILLIPS: Objection; foundation.

19 process that you had to -- when you sent out new DVDs,

20

Answer the question.

20 they had to be entered into the system, and you'd have

21

THE WITNESS: What Lincoln was was the

21 to look to see what DVDs were in stock, but he said

22

general manager, but Taj made all the decisions,

BLOCKBUSTER.transcript.gonzalesd

22 that later on I would be provided that training.
Pages 53 - 56

Page 61

1

Q

Page 63

1 schedule strictly.

And what was the deferential treatment

2 between blacks and Latinos?

2

Q

Anything else?

3

3

A

With regard to the start time, they were

A

A person had come in who claimed that he was

4 Taj's cousin, a male. Taj had said that if we brought

4 also strict with the Latino group, and Taj's friends

5 in a knapsack or a bag, that we had to put it in the

5 would arrive five, ten or even 20 minutes late, and

6 locker, but that guy who claimed that he was Taj's

6 they would mark down their start time as if they had

7 cousin who would take DVDs out of boxes would have his

7 arrived at 7:00 a.m., and they were never admonished

8 knapsack -- he would keep his knapsack on the work

8 for it.

9 table, on the work bench.

9

Q

Anything else?

A

One time my granddaughter had an accident,

10

Q

What was this person's name?

10

11

A

I don't -- I can't remember.

11 and she swallowed this ring and it got caught in her

12

Q

Was he still working at the facility when

12 throat and she was choking. So we called for the

13 you were terminated?

13 paramedics to come take care of her, and we took her

14

A

I don't -- I can't remember.

14 to the emergency room, and my daughter -- we were

15

Q

Was there any other deferential treatment

15 there until 2:30 in the morning. We didn't get home

16 between the blacks and Latinos?

16 until 3:00 a.m., and we had to get up at 6:00 to get

17

17 ready to go to work at 7:00. And we only arrived

A

There were weekly meetings where they would

18 threaten us and say that we would be terminated if we

18 three minutes late, but Lincoln took us aside and he

19 didn't keep to the schedule. Lincoln, Taj and other

19 said that we would just be warned, it would just be a

20 managers would hold meetings. First they would call

20 warning, but that the next time that we arrived late,

21 in the American group, then they would call the

21 that we were going to be terminated.

22 African group in, but the Latino group, we were never

22

Q

Was there any other deferential treatment

Page 62

Page 64

1 called in for any meeting.

1 between the blacks and Latinos?

2

2

And then our production time was strictly or

A

The Latino group, the Latinos, there were

3 closely monitored. I'm referring to the Latinos'

3 three older ones of us, we could be sitting down when

4 production time. And when it was time to check their

4 we worked, but the younger ones were not allowed to

5 production time against the clock, there was almost

5 sit down. That was Lolita, Milagros and Andrea.

6 always some sort of excuse that there was some other

6 However, Taj's friends were allowed to sit, and

7 job to do, and they would never end up monitoring or

7 whenever he would see that Lolita, Milagros and Andrea

8 measuring their time.

8 were sitting down, he would scream out, "I told you

9

Q

Anything else?

9 you're not allowed to sit down," and they would turn

10

A

Yes. One time when they called a meeting of

10 away, because they were very embarrassed. The Latinas

11 the Americans and the Africans, they mentioned then

11 were embarrassed or ashamed at how horrible they were

12 that DVDs were getting lost or were missing, and they

12 being treated by him.

13 suspected that it was the Latino group that was

13

Q

Any other deferential treatment between the

14 stealing them, and it was recommended to them that we 14 Latinos and the blacks?
15 Latinos be monitored by or surveilled by them.

15

16

Q

Anything else?

16 home early because there wasn't any work, but his own

17

A

With regard to length of break time, with

17 friends, they would stay and work, slowly. Even

A

We ladies were told -- we were told to go

18 regard to the black people who were his friends, they

18 though they worked slow, they would continue working.

19 could take several different breaks throughout the

19

Q

Anything else?

20 day. They would go out. A lot of times they would

20

A

On one occasion, Fernando, who is one of

21 take a long time. They would go out and have a

21 Taj's friends, arrived quite intoxicated, and he was

22 cigarette with Taj, but we Latinos had to keep to the

22 in the bathroom vomiting. And Lincoln saw that he was

BLOCKBUSTER.transcript.gonzalesd

Pages 61 - 64

Page 65

Page 67

1 in bad shape and saw him come out of the bathroom, and

1 they gave him a chance. It wasn't just two days; it

2 he asked Lincoln for permission to go home, to leave,

2 was longer. He claimed that his grandmother had

3 and he got it, but however, when we would ask for

3 passed away. He could miss days and would be able to

4 leave, we were told that we had to do our work.

4 come back. He was not dismissed.

5

Q

Any other deferential treatment?

5

Q

Anything else?

6

A

On another occasion a friend of Taj's named

6

A

Takara also missed work for a whole week

7 Michelle was sitting down, and so Milagros took a seat

7 because her car had been stolen, and she came back in

8 and sat down, too, and Taj saw her and yelled

8 to work.

9 "Michelle!" He was furious, he was enraged and yelled

9

Q

Anything else?

10 at her, brought her outside through this door to the

10

A

That's all I can remember for now.

11 garage and screamed at her, "Don't you ever answer me

11

Q

How many days did you miss at work during

12 back. The next time you answer back, you're going to

12 your assignment at Blockbuster?

13 be terminated." And he was shouting horribly at

13

14 Milagros, and she is somebody who is very quiet, and

14 BY MS. SPEIGHTS:

15 she didn't answer back.

15

Q

Yes.

16

16

A

In total? Just two days, because when I

Q

Anything else that you consider to be

MR. PHILLIPS: Total throughout her --

17 deferential treatment between Latinos and blacks?

17 needed to ask for a day off, I would change my

18

18 assigned day off.

A

When they would rush us to work, you see, we

19 were at one table and the blacks were all at another

19

Q

During the time that you were assigned to

20 table, and they would rush us and urge us to work

20 Blockbuster, were you ever late for work?

21 faster to get out. The other group wouldn't finish,

21

A

Yes, I have arrived a few minutes late.

22 but we were always urged or being rushed to finish to

22

Q

What was the total number of days during

Page 66

Page 68

1 help the other group, and they would never complain

1 your assignment at Blockbuster that you arrived late?

2 about them being slow, but they were much more

2

A

That I can't remember.

3 demanding with the Latinos, but not with the blacks.

3

Q

No approximation?

4

Q

Anything else?

4

A

No.

5

A

Once a black person, a worker who he was

5

Q

Was it your understanding that all of the

6 black, got sick and was not feeling well at work, and

6 blacks who worked at the warehouse were friends of

7 they just said for that person to just go home. That

7 Taj?

8 person missed work for two days and was not dismissed.

8

9 However, I got sick. I called in and I missed work

9 Taj became supervisor at the warehouse.

A
Q

The group that came to the warehouse after

10 two days, and that became a reason for me to be

10

11 terminated.

11 who were in that group?

12

Q

Anything else?

12

13

A

He had a friend, Taj had a friend, Shon. He

13 remember, because so much time has gone by that some

A

And what are the names of the individuals
I'm going to tell you the ones that I can

14 didn't keep to the schedule that was set for us for

14 of the names I can't remember. Shon, Fernando, AJ,

15 the different jobs, and since he was his friend, they

15 Monique. Basheem, spelled B-A-S-H-E-E-M, something

16 would just have him sweep. He would sweep or he would

16 like that, I don't know. Takara. Michelle. Those

17 just arrange things, put things in order, just sort of

17 are some of the ones that I can remember.

18 kill time, and they never would warn him, they never

18

19 dismissed him, they never threatened him.

19 warehouse besides the seven people you've just

20

Q

Anything else?

20 identified?

21

A

Shon also missed work for a long time. He

21

A

Yes.

22

Q

Do you know if the seven people that you

22 came back and then he missed again, and nevertheless

BLOCKBUSTER.transcript.gonzalesd

Q

Were there other blacks who worked at the

Pages 65 - 68

Page 69

Page 71

1 identified were assigned to Blockbuster by Express

1 people.

2 Services?

2

3

A

I don't know.

3 timesheet and see what time they had marked in?

4

Q

Now, when you testified about the

4

Q
A

And would you actually go up and look at the
When it was time to get off, we had to go up

5 deferential treatment between the Latinos and the

5 and sign, and that's where you could see and that's

6 blacks -- strike that -- and Taj's friends -- let's

6 where we observed that they had put that they had

7 start with Taj's friends -- were you referring to the

7 arrived early, that all of them had arrived early.

8 seven people that you just identified for me?

8

9

9 for arriving late or for marking their start time as

MR. PHILLIPS: Objection. Confusing.

Q

How do you know that they weren't admonished

10

Answer if you can.

10 7:00 a.m.?

11

THE WITNESS: I didn't say that there are

11

A

Because things continued the same with them.

12

just seven friends. There are more. I just

12 They continued to arrive late, there was no

13

can't remember the names of the others.

13 punishment, they weren't sent home.

14 BY MS. SPEIGHTS:

14

Q

15

Q

I understand that.

15 meetings where the Latinos were threatened to be

16

A

So then I did not understand your question.

16 terminated if they did not keep up their schedule; is

17

Q

All right. Let me go back to some of the

17 that right?

18 specifics that you talked about, and then we can talk

18

19 about it in that context.

19 personnel, and they would speak generally to everyone,

20

20 but when they would do the monitoring, using a clock

One of the ways that you -- one of the

21 things that you testified about concerning deferential

A

Now, I believe you testified about weekly

No. The weekly meetings were for all of the

21 that they would put in front of us, they would say if

22 treatment between Latinos and blacks was that Latinos 22 we didn't keep to the schedule that had been
Page 70

Page 72

1 were told to go home early sometimes because there was

1 established, that we were going to be dismissed.

2 no work, but Taj's friends were allowed to stay. What

2

3 friends were you referring to when you used the term

3 you're talking about the managers would say this?

4 "friends"?

4

A

Yes, the managers.

5

5

Q

And they would say this in a meeting with

A

Michelle, Takara, Shon, Fernando, Monique.

Q

And they would -- when you say "they,"

6 It's just I don't remember any more. I only remember

6 all of the staff?

7 those.

7

8

Q

You also testified that the managers were

9 very strict with the start time of the Latino group,

A

With all of the staff, but it was obvious

8 that the only group who was strictly monitored with
9 the clock was the Latino group. They kept records

10 but Taj's friends were allowed to arrive five, ten, 20

10 only of us, of how long we would take to complete

11 minutes late. Which of his friends were allowed to

11 tasks, not other groups. We were the only ones who

12 arrive five, ten or 20 minutes late?

12 were monitored.

13

13

A

Shon, Fernando, Basheem, and a few more

Q

How do you know that the Latinos were the

14 whose names I don't remember.

14 only group that was monitored?

15

15

Q

You also testified that Taj's friends who

A

Because we all worked together in the same

16 arrived five, ten, 20 minutes late would mark their

16 room.

17 start time as 7:00 a.m. and they would not be

17

18 admonished. How do you know they would mark their

18 of the Latinos?

19 start time at 7:00 a.m.?

19

A

Because we were the ones who they monitored.

20

20

Q

I believe you mentioned some type of

A

It was a record sheet. It was on a table,

Q

How do you know that they only kept records

21 and anybody who would come in would have to sign it,

21 notebook that was kept.

22 so you could go up and see what was put by other

22

BLOCKBUSTER.transcript.gonzalesd

A

Kofi had like a notebook like this. Taj
Pages 69 - 72

Page 81

1

A

When I -- the thing is, I've been going to

Page 83

1

Q

And what did Lincoln say in response to your

2 that clinic over the course of many years. That's why

2 complaints?

3 I can't say exactly accurately what dates and how

3

4 many.

4 treatment.

5

Q

Did the doctor prescribe any medication for

A

That there wasn't any difference in

5

Q

Is that all that he said?

6 the gastritis problem?

6

A

His attitude was real diplomatic.

7

A

Yes.

7

Q

What do you mean by that?

8

Q

What medicine did the doctor prescribe?

8

A

To smile as if everything was okay,

9

A

Prilosec.

9 everything is fine, there are no differences. That's

10

Q

And did you take the Prilosec?

10 what he said.

11

A

Yes. Yes. I have to take it for the rest

11

Q

Did he ever say that he would look into your

12 of my life.

12 complaints or investigate your complaints?

13

13

A

He didn't believe what I was telling him.

14 condition?

Q

And has the Prilosec helped the gastritis

14

Q

How do you know that he didn't believe what

15

Yes, along with the diet that I keep to.

15 you were telling him?

(Whereupon, a short recess was taken.)

16

A

16

A

Because he didn't do anything to improve the

17 BY MS. SPEIGHTS:

17 atmosphere that was at the facility.

18

18

Q

Ms. Gonzales, did you ever complain to

Q

Did he ever tell you that he would talk to

19 anyone at Blockbuster about the deferential treatment

19 Taj about your complaints?

20 between the blacks and the Hispanics at the facility?

20

A

No.

21

A

Just to Lincoln.

21

Q

Did you ever make any complaints about the

22

Q

And when did you complain to Lincoln?

22 deferential treatment to Cinnie Brown?
Page 82

1

A

Page 84

I don't remember. I can't remember the

1

A

2 dates, but about -- it was in March, in April . . .

2

Q

When did you complain to Cinnie Brown?

3

3

A

After I complained to Lincoln, since he

Q

And were those complaints in writing or were

Yes.

4 they done orally?

4 didn't resolve the situation, by means of Lolita,

5

A

Orally.

5 Elizabeth or Milagros, I spoke with Cinnie Brown, but

6

Q

And did your daughter Lolita translate those

6 she also said that she was going to talk with Lincoln.

7 discussions for you?

7

8

8 your complaints after the first time you complained to

A

Or Elizabeth did, or Milagros. I can't

9 remember.
10

Q

How many times did you complain verbally to

Q

And did you speak with Cinnie Brown about

9 Lincoln?
10

A

Yes.

11 Lincoln?

11

Q

So would that have been sometime in March or

12

A

It was three times.

12 April?

13

Q

Okay. The first time that you complained to

13

A

Yes, and the third time I spoke with

14 Lincoln, what did you complain about?

14 Lincoln. I don't remember what date it was.

15

15

A

The three times were about the same thing,

Q

Did you speak with Cinnie Brown after the

16 about the deferential treatment that the Latino

16 second time you talked with Lincoln?

17 personnel were receiving vis-a-vis Taj's black

17

A

Yes, I also did.

18 friends, and the points that I set forth earlier:

18

Q

And did you speak with her after the third

19 That they could sit, the Latinos couldn't; the

19 time that you talked to Lincoln?

20 production time monitoring; several different points

20

A

No.

21 that are pretty much the same thing that I said

21

Q

Why didn't you speak with her after the

22 earlier.

22 third time?

BLOCKBUSTER.transcript.gonzalesd

Pages 81 - 84

Page 85

Page 87

1

A

I don't know why.

1 Lolita, was his girlfriend and that he wanted to get

2

Q

What did Ms. Brown say in the first

2 married to her, and he would use obscenities without

3 conversation that you had with her?

3 respect when he would refer to the size of his penis,

4

4 which he could place on the table to prove how big it

A

She also said she was going to talk with

5 Lincoln. There was very little I could say to her

5 is."

6 because of the English, because someone was

6

7 translating for me, so she responded that she was

7 your daughter was his girlfriend and that he wanted to

8 going to try to solve it and she was going to talk

8 get married to her?

9 with Lincoln.

9

A

Because Lolita translated it for me.

10

Q

And how do you know that he would use

10

Q

And do you know if she talked with Lincoln

Q

How do you know that Mr. Smith said that

11 after your first conversation with her?

11 obscenities?

12

12

A

I don't know, because things continued the

A

Because I could see Lolita, Elizabeth and

13 same up until the time that we were dismissed.

13 Milagros, the expression on their faces, and I would

14

14 ask them, "What did he say?" And the girls would tell

Q

And when you spoke with her second time,

15 what did she say?

15 me what he said, what his comments were.

16

16

A

The same thing, that she was going to speak

Q

Did you ever see Mr. Thomas touch any of the

17 with Lincoln.

17 workers at the facility?

18

Did you ask her in the second conversation

18

A

Yes.

19 whether she had spoken with Lincoln after your first

Q

19

Q

Who did he touch?

20 conversation with her?

20

A

Sara.

21

A

No, I did not ask her.

21

Q

And where did he touch her?

22

Q

Do you know if she spoke with Lincoln after

22

A

Her breasts, her intimate parts.

Page 86

Page 88

1 your second conversation with her?

1

Q

Did you ever see him touch anyone else?

2

A

No, I don't know.

2

A

No.

3

Q

Did you have any other discussions with

3

Q

Did you ever tell Lincoln or anyone at

4 Ms. Brown about the deferential treatment?

4 Blockbuster that you saw Thomas touch Sara's breasts

5

A

No.

5 and intimate parts?

6

Q

Were you familiar with a Blockbuster

6

A

Are you referring to the supervisors and

7 hotline?

7 managers?

8

A

No.

8

Q

Yes.

9

Q

Did you ever submit anything in writing to

9

A

No.

10 Ms. Brown concerning the deferential treatment?

10

Q

Did you tell Cinnie Brown that Mr. Thomas

11

11 had touched Sara's breasts and intimate parts?

A

Lolita and Elizabeth, they wrote a letter

12 with several different points. When it was being

12

13 drafted, we would discuss the points that we would put

13

14 in. I did take part in that also, but I didn't write

14

15 it, and that letter was given to Cinnie Brown.

15 BY MS. SPEIGHTS:

16

16

Q

And sitting here today, can you remember

A

No.
(Exhibit 4 was marked for identification and

attached to the deposition transcript.)
Q

Ms. Gonzales, I'm showing you what the court

17 what points you offered to be put into the letter?

17 reporter has marked as Exhibit 4. Have you seen that

18

A

No, I can't remember.

18 document before?

19

Q

If you could turn to Page 00399 of Exhibit

19

A

No, I don't recall.

20 3, would you read the sentence that begins with

20

Q

Is that your signature at the bottom of

21 "Muchas veces."

21 Exhibit 4?

22

22

A

"Many times Mr. Smith said that my daughter,

BLOCKBUSTER.transcript.gonzalesd

A

Yes.
Pages 85 - 88

Page 93

Page 95

1

Q

Taj was also a supervisor, right?

1 translation.

2

A

Yes.

2

3

Q

And Mike Smith was also a supervisor?

3 did you tell him about the questions or comments made

4

A

Yes, but the person who was under Lincoln in

4 by Kofi?

Q

When you complained to Lincoln about Thomas,

5 the hierarchy was Taj.

5

A

No.

6

6

Q

When you complained to Cinnie Brown, did you

THE INTERPRETER: Interpreter's correction.

7

The person who was next in the hierarchy under

7 tell her about the comments or questions from

8

Lincoln was Taj.

8 Mr. Tutu?

9 BY MS. SPEIGHTS:

9

A

No.

Q

When you met with Judy Navarro at the EEOC,

10

Q

And how do you know that?

10

11

A

Because -- as I said it before, because he's

11 did you tell her about Mr. Tutu's comments and

12 the one who gave orders, and he received Lincoln's

12 questions?

13 support.

13

A

I can't remember.

14

14

Q

If you could turn to Page 00412 in Exhibit

Q

And who was the next supervisor in the

15 hierarchy after Thomas Smith?

15 5. Could you read the first sentence on that page

16

16 right after the number seven.

A

I'm not sure if it would be Kofi Tutu or

17 Mike.
18

Q

17
And did you have any interaction with Kofi

A

The name? The names?

18

Q

The sentence.

19 Tutu while you were at Blockbuster?

19

A

"Names of the persons in your unit who have

20

A

Could you clarify the question?

20 been treated better than you."

21

Q

Let me ask the question another way. What

21

22 do you believe that Kofi Tutu did to you that was

Q

All right, and there's a list of individuals

22 there that you believe were treated better than you;
Page 94

Page 96

1 discriminatory?

1 is that right?

2

2

A

Yes.

3 schedule, work production time, production time at

A

He was in charge of monitoring the work

3

Q

How was Takara treated better than you?

4 work.

4

A

She'd come in late and was not admonished.

5

Q

Anything else for Mr. Tutu?

5 She would write down that she had come in on the same

6

A

He was committing, engaging in

6 schedule as we did. She had a set working schedule.

7 discrimination, because he would only monitor the

7 She could go beyond the time, she could go overtime

8 Hispanic personnel, not the black personnel.

8 for breaks and lunchtime. She missed work for a week,

9

9 and she was not dismissed.

Q

Did Mr. Tutu, to your knowledge, make any --

10 strike that. Did Mr. Tutu, to your knowledge, use any

10

Q

How was Monique treated better than you?

11 obscenities in the warehouse facility?

11

A

Even though she was a new person, she

12

A

Yes.

12 received training, computer training. When it was a

13

Q

What did he say?

13 simple job she was supposed to do, like putting away

14

A

Yes, he would ask Lolita, Elizabeth and

14 CDs, she said she didn't want to do it and she said

15 Milagros about their period and how it was, how they

15 she would prefer to work at the computer, and that's

16 were doing and whether it was painful to them and

16 what she did.

17 whether they shaved their legs. Whether they had sex, 17

Q

How was Asamanu treated better than you?

18 he would also ask them, when was the last time they

18

A

I can't recall which one is Asamanu.

19 had sex.

19

Q

Is Asamanu also known as "Sara"?

20

20

A

No, I can't remember.

21 comments or asked these questions?

21

Q

All right. How was Emetem treated better

22

22 than you?

Q
A

And how do you know that he made these
Because I was always helped out with the

BLOCKBUSTER.transcript.gonzalesd

Pages 93 - 96

Page 97

Page 99

1

A

I can't remember her either.

1 cousin. While we were working at taking DVDs out of

2

Q

How was Fernando treated better than you?

2 the boxes, he would put his bag or his knapsack up on

3

A

Fernando would also come in late. I

3 the table, despite the standing order that bags and

4 mentioned before that he came in inebriated, and the

4 knapsacks had to be kept in the lockers. He also

5 manager gave him leave to go home. He wasn't strictly

5 would take several breaks a day. Sometimes he would

6 monitored like we, the Latinos, were monitored; that

6 get in late, and he would mark that he had arrived on

7 is, his production time wasn't monitored. He was very

7 time.

8 slow at doing his work, he would make a lot of errors,

8

Q

How was AJ treated better than you?

9 and he wasn't threatened with dismissal.

9

A

He would take several different breaks per

10

Q

How was Shon treated better than you?

10 day. His production was not monitored. Taj's

11

A

He worked real slowly. He would make a lot

11 friends' group would have music blaring in the work

12 of mistakes. He would also miss work quite a bit as

12 area. They would work slowly, because they would be

13 well. He would leave on break. Several breaks he

13 talking. They would be singing and dancing to the

14 would take.

14 music that they would play.

15

Q

How was Jazmin treated better than you?

15

Q

And how was Kevin treated better than you?

16

A

Jazmin worked part-time. She was part-time.

16

A

I think Taj was very careful with those

17 She would work in the afternoon, and very few hours I

17 people who were white, because he wouldn't, he

18 was able to see her.

18 wouldn't be disrespectful with them. He wouldn't yell

19

19 at them. He wouldn't humiliate them.

Q

And why do you think she was treated better

20 than you?

20

21

21 regard to people who were white?

A

Because they wouldn't warn her, shouting at

22 her.

22

Q
A

Why do you say Taj was being careful with
Because since they're American citizens,

Page 98

1

Q

Because they would not shout at her? I'm

2 sorry.

Page 100

1 they're familiar with their rights.
2

Q

And when you refer to meetings of the, I

3

A

They didn't shout at her.

3 believe you said Americans or Americanos, were you

4

Q

Any other reason why you believe she was

4 referring to the white workers?

5 treated better than you?

5

A

Black and white.

6

6

Q

What about Colin; how was Colin treated

A

You see, many times she would come into work

7 when I was going off.

7 better than you?

8

8

A

The same as with Kevin.

9

Q

And what about Chad?

A

He worked there for a very short time. He

Q

So you didn't have much interaction with

9 her?
10

A

No.

10

11

Q

You weren't able to observe her as much as

11 didn't work close to me, so I was unable to observe

12 the others?

12 him very well.

13

A

No, I wasn't able.

13

14

Q

How was Afisiata treated better than you?

14 better than you?

15

A

Afisiata? I can't remember her.

15

16

Q

How was Anthem treated better than you?

16 she would always mark down that she had come in

17

A

He was one of the persons who was trained

17 earlier.

Q
A

And how do you believe Say Wing was treated
She would come in late almost every day, but

18 very shortly after he started to work there.

18

Q

And how did you know that?

19

Q

And that's trained on the computer?

19

A

Because from the time that they began to be

20

A

Yes.

20 strict with me, from the time that they started to

21

Q

And how was Basheem treated better than you? 21 monitor me, I started noticing when people would come

22

A

He was the guy who claimed to be Taj's

BLOCKBUSTER.transcript.gonzalesd

22 in five, ten, 20 minutes late, and I was bothered by
Pages 97 - 100

Page 101

Page 103

1 the fact that they would come in late and nobody would

1

2 call them on it, nobody would warn them on it, and so

2 "Searching her personal property." Who searched your

3 I started to watch closely.

3 personal property?

4

4

A

On one occasion I found my locker open.

5

Q

And when did you find your locker open?

6

A

I can't remember the date exactly.

7

Q

Do you know who opened your locker?

8 BY MS. SPEIGHTS:

8

A

No.

9

9

Q

Was anything missing from your locker?

10 before?

10

A

Nothing was missing, but my things had been

11

A

Yes.

11 moved around.

12

Q

And what is your understanding of what

12

Q

Any other personal property searched?

13 Exhibit 6 is?

13

A

My purse was in the locker, but I don't know

14

14 whether they searched it.

5

MS. SPEIGHTS: Why don't we mark the next
exhibit.

6
7

(Exhibit 6 was marked for identification and
attached to the deposition transcript.)
Q

A

Ms. Gonzales, have you seen Exhibit 6

Lolita told me that this was the Complaint

15 that the EEOC office had filed with the court.

15

16

16

Q

Q

If you would turn to Page 4 of that exhibit,

Okay. Further down the next line it says,

MS. SPEIGHTS: Okay. I'm going to have to
leave.

17 Paragraph 14, I'm looking at the first sentence that

17

MR. PHILLIPS: Yeah, I was watching.

18 says, "The sexual and race/national orgin harassment

18

MS. SPEIGHTS: Yeah, I'm going to have to

19 and other discriminatory terms and conditions of

19

go, so Lexer will take over. Thank you for your

20 employment that Defendant perpetrated against Dolores 20

patience. I have a flight to catch, because I

21 Gonzales included, but are not limited, to the

21

made my flight arrangements based on what

22 following." Do you see that?

22

Mr. Phillips told me about you.

Page 102

Page 104

1

A

Mm-hmm.

1

(Discussion was held off the record.)

2

Q

And the first thing that's listed there is

2 BY MS. QUAMIE:

3 "making threats." Who made threats against you,

3

Q

Ms. Gonzales, as my colleague, Ms. Speights,

4 Ms. Gonzales?

4 said, my name is Lexer Quamie, and I'll continue to

5

A

Taj.

5 ask you questions this afternoon.

6

Q

And what threats did he make?

6

7

A

If I didn't meet -- if I didn't do my work,

7 Paragraph 14 of the Complaint, about searching of your

We were discussing the allegation in

8 then I would be fired.

8 personal property. Did you tell anyone about the

9

9 search or searches?

Lincoln.

10

Q

What threats did Lincoln make?

10

A

Yes. I mentioned it to my daughter, Lolita,

11

A

When my granddaughter was in the emergency

11 and to my nieces, Elizabeth and Milagros.

12 room and I arrived three minutes late, he said the

12

Q

Did you tell anyone else?

13 next time that it happened, I was going to be

13

A

No.

14 dismissed.

14

Q

Why didn't you complain to anyone?

15

15

A

I don't know.

16

Q

You also state in that paragraph that THE

Q

Any other threats that were made against

16 you?
17

A

That if my production time was longer than

17 defendant made false accusations. "Making false

18 other people, then I would be terminated.

18 accusations."

19

Q

And who made that threat?

19

20

A

Taj.

20 referring to the Latino group, but since I'm being

21

Q

Any other threats?

21 asked, it was with regard to just me.

22

A

That's all I can recall at this time.

22

BLOCKBUSTER.transcript.gonzalesd

A

Q

That I was stealing DVDs. They were

Who made false accusations?
Pages 101 - 104

Page 105

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

A At the meeting that was called of those who 1
were African and blacks, that's where they said that 2
the Latinos, we were stealing DVDs.
3
Q And how do you know this, Ms. Gonzales? 4
A Because Blay told Lolita.
5
Q And Lolita translated for you?
6
A Yes.
7
Q Were there any other false accusations?
8
A That's all I can recall for now.
9
Q Who did you tell about these false
10
accusations?
11
MR. PHILLIPS: Objection; assumes facts. 12
Go ahead and answer.
13
THE WITNESS: Lolita, Elizabeth, Milagros, 14
Lita, who also was working there at that time.
15
BY MS. QUAMIE:
16
Q Did you tell anyone else?
17
A Gilda.
18
Q Did you tell any supervisors?
19
A No.
20
Q Why didn't you tell any supervisors?
21
A I don't know.
22

Page 107

A

Taj.

Q

And did you tell anyone?

A

We just mentioned it between the same

people, Lolita, Elizabeth and Milagros, Lita and
Gilda.
Q

I'm going to turn to the next page, and it's

Paragraph Number 17. That paragraph says, "On or
about July 1, 2005, Defendant discharged Charging
Party, Dolores Gonzales, in retaliation for her and
her daughter Lolita Gonzales's conduct protected under
Section 704(a), in violation of Title VII."
What is "retaliation," Ms. Gonzales?
MR. PHILLIPS: Objection; foundation, calls
for a legal conclusion.
Answer the question, please.
THE WITNESS: "Retaliation" is pretty much
vengeance.
BY MS. QUAMIE:
Q

How were you retaliated against?

A

Against me?

Q

Yes.

A

Since my daughter didn't accept the time she

Page 106

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

Q Did you tell Cinnie Brown?
1
A No. The thing is, so much was happening, 2
and despite our complaints, nothing was ever done. 3
Q And that paragraph goes on to say, "Making 4
sexual and other unwanted sexual inquiries." Did
5
anyone make any sexual inquiries to you?
6
A No.
7
Q Who did you hear make sexual inquiries?
8
A Kofi, but he didn't ask me. He did it to
9
Lolita, Elizabeth and Milagros.
10
Q And they told you?
11
A Yes.
12
Q Did you complain to anyone?
13
A No.
14
Q The next line of that paragraph refers to
15
"racial comments." Did anyone make any racial
16
comments to you?
17
A I can't remember. It could be that when the 18
group of his friends came in and he said, about the 19
Latino group, that he was going to fire "the whole 20
bunch of damn Latinos."
21
Q Who said this?
22

BLOCKBUSTER.transcript.gonzalesd

Page 108

was asked out by him, he terminated me without any
justification, without any reason at all, and he
terminated her as well without reason, without cause,
because she was a good worker and she did her job
well.
Q

Ms. Gonzales, at any time did you speak

with -- did you complain to Lincoln Barrett or
Mr. Barrett about what you were experiencing in the
warehouse?
MR. PHILLIPS: Objection; asked and
answered.
Answer the question, please.
THE WITNESS: I complained three times.
BY MS. QUAMIE:
Q

And besides the three times you spoke with

Mr. Barrett, did you complain to anyone else?
MR. PHILLIPS: Objection; asked and
answered.
Answer the question, please.
THE WITNESS: Twice to Cinnie Brown.
BY MS. QUAMIE:
Q

Naema Fields; do you know who she is?
Pages 105 - 108

Page 113

1

Q

1

ill, who left like at noontime and missed work

2 yelled at. Did Taj shout at this Michelle?

2

two days afterwards. The next two days she

3

A

Earlier you testified about a Michelle being

Page 115

3

didn't come in to work and then came back in to

4 Michelle? At Michelle?

No, I haven't testified that. Against

4

work.

5

Q

Did Taj ever shout at shout at Michelle?

5 BY MS. QUAMIE:

6

A

What I mentioned is one day that Michelle

6

Q

Are there any other examples of her being

7 was sitting down and Milagros also sat down, and then

7 treated more favorable?

8 Taj shouted at Milagros to stand up. "You know that

8

A

I can't remember any at this time.

9 you can't sit down." And Milagros responded,

9

Q

Did you ever see anyone touch her?

10 "Michelle is sitting down." And so Taj got mad and

10

A

Not touch her, but Taj would press up

11 told Milagros to get out or to go outside, that is,

11 against her often.

12 and when she was outside he shouted at her.

12

13

Q

He shouted at who?

13 saw that?

14

A

At Milagros, because she had mentioned that

14

Q
A

Would you say anything to anyone when you
The people that I always talked with

15 Michelle was sitting down.

15 realized it, Lolita, Andrea, Milagros -- excuse me.

16

Q

Did you ever see anyone touch Michelle?

16 It's Elizabeth, but her first name is Andrea, and I

17

A

No.

17 called her Andrea, but I mean Elizabeth. Lita, Gilda,

18

Q

Did you ever hear anyone make sexual

18 we would always discuss these things together.

19 comments toward Michelle?

19

Q

Did you ever discuss this with Emetem?

20

A

No.

20

A

No.

21

Q

Any racial comments?

21

Q

Did you hear anyone make any sexual comments

22

A

No.

22 to Emetem?
Page 114

Page 116

1

Q

Do you know Blythe or Blay Emetem?

1

A

2

A

Yes.

2

Q

Any racial comments?

3

Q

What's your relationship with her?

3

A

No.

4

A

She would talk with Lolita, Milagros and

4

Q

You said Elizabeth is Andrea?

5 Elizabeth. A lot of times we would drop her off at a

5

A

Her name is Elizabeth Andrea.

6 bus stop so she could get home quicker.

6

Q

Is her last name Ledesma?

7

Q

Do you know when she began -- do you

No.

7

A

Yes.

8 remember when she began working at the facility with

8

Q

And what is her relationship to you?

9 you?

9

A

My niece.

10

A

After I came there.

10

Q

And how often do you speak with Elizabeth?

11

Q

And do you know if she was -- do you think

11

A

Three times a week over the phone.

12 she received more favorable treatment than you?

12

Q

Does she still work at the facility?

13

13

A

No.

14

Q

When did she stop?

14

MR. PHILLIPS: Objection; asked and
answered.

15

Please answer the question.

15

A

In 2005, but I can't recall the month.

16

THE WITNESS: What was the question?

16

Q

Was it before or after you?

17 BY MS. QUAMIE:

17

A

She resigned the same day that Lolita and I

18

18 were terminated, but later she spoke with Cinnie Brown

Q

Did she receive more favorable treatment

19 than you?

19 and she worked for a time a little longer there.

20

MR. PHILLIPS: Same objection.

20

21

Answer the question.

21 you and Lolita?

22

THE WITNESS: She was a person who became 22

BLOCKBUSTER.transcript.gonzalesd

Q
A

Do you know why she resigned the same day as
Because she was together with us when Cinnie
Pages 113 - 116

Page 117

Page 119

1 Brown called, and she thought it was very -- she was

1 was terminated.

2 bothered by it, because she felt it was very unfair,

2

3 that it was unfair what had been done.

3 ever see anyone touch Milagros?

4

4

A

No.

5 referring to?

5

Q

Make any sexual comments to her?

6

A

The untimely and unjustified termination.

6

A

Yes. Kofi Tutu.

7

Q

While you were working at the facility, did

7

Q

Anyone else?

8 you ever see anyone sexually touch Elizabeth?

8

A

No.

9

A

No.

9

Q

Did you ever hear anyone make any racial

10

Q

Did you ever hear anyone make any sexual

Q

You said "what had been done." What are you

Q

Okay. Did you ever hear anyone -- did you

10 comments towards her?

11 comments to her?

11

A

No.

12

12

Q

Do you know Grisel Nuñez?

13 that was done in front of her, and then I found out

13

A

Yes.

14 later that he also asked Andrea -- excuse me -- I mean

14

Q

What is your relationship to her?

15 Elizabeth and Milagros.

15

A

I met her at work.

16

Q

How did you find that out?

16

Q

Do you know if she's still there?

17

A

Because they told me.

17

A

I don't know.

18

Q

Did you complain to anyone about that?

18

Q

So are you still in touch with her?

19

A

I didn't, but they did.

19

A

No. I never was in contact with her. Only

20

Q

And did you ever hear anyone make any racial

20 from work.

A

What I mentioned before about his penis,

21 comments towards Elizabeth?

21

22

22 together, did you ever see anyone touch Ms. Nuñez?

A

No.

Q

Okay, thank you. And while you were working

Page 118

Page 120

1

Q

What is your relationship to Milagros?

1

A

No.

2

A

She is Elizabeth's sister. She is my niece

2

Q

Did you ever hear anyone make any sexual

3 comments towards her?

3 also.
4

Q

And how often do you speak with Milagros?

4

A

No.

5

A

Also once or twice a week, because the two

5

Q

Any racial comments towards her?

6 sisters live together.

6

A

No.

7

Q

And is she still working at the warehouse?

7

Q

You mentioned Lita earlier, Lita Zubiate.

8

A

No.

8 What's your relationship with Lita?

9

Q

When did she leave?

9

A

My sister.

10

A

She was terminated a while before we were,

10

Q

And how often do you speak with her?

11 but I can't remember what date. What I do remember is 11

A

Every other day, every two days.

12 the day that Cinnie Brown called her to terminate her.

12

Q

And do you know if she is still working at

13 Taj came out of Lincoln's office, and he was very

13 the warehouse?

14 bothered and very loudly he said, "I'm tired of this

14

A

No. She worked there for a short time.

15 shit." And he screamed out, "Milagros, go home," he

15

Q

Do you know when she started working there?

16 said, and that night he called Cinnie Brown to say

16

A

No, I can't remember.

17 that she was dismissed.

17

Q

Was it before you or after you?

18

Q

How do you know he called Cinnie Brown?

18

A

She started after I did, and she resigned

19

A

Because at that time she lived with me and

19 before I did.

20 she told me.

20

Q

Do you know why?

21

Q

Milagros told you that Taj called Cinnie?

21

A

Yes, because she lived with too much

22

A

No. Cinnie called Milagros to tell her she

22 tension. She was very stressed out because of the

BLOCKBUSTER.transcript.gonzalesd

Pages 117 - 120

Page 125

Page 127

1

Q

Did you work with someone named Jazmin?

1 insurance, and that was all done away with because we

2

A

Jazmin is the name we said to her. I don't

2 were terminated.

3 know whether that would also be Jazmina or one and the 3
4 same.

Q

And who told you you were entitled to these

4 things?

5

Q

Do you know her ethnicity?

5

A

Cinnie Brown.

6

A

African.

6

7

Q

Okay. Do you know Victor Ruiz?

7

8

A

Yes.

8

(Exhibit 7 and Exhibit 8 were marked for

9

Q

What is your relationship with him?

9

identification and attached to the deposition

10

A

I met him at work.

10

11

Q

Are you still in touch with him?

11 BY MS. QUAMIE:

12

A

No.

12

13

Q

So do you know if he still works at the

13 exhibits. Turning to the one on your left, Exhibit 7,

MS. QUAMIE: I'm going to introduce to the
record Exhibit 7 and Exhibit 8.

transcript.)
Q

Ms. Gonzales, you've just been handed two

14 facility?

14 do you recognize this?

15

A

I don't know.

15

A

No. Just a few parts of it that I see here.

16

Q

Did you talk with Mr. Ruiz when you worked

16

Q

What do you recognize?

17

A

This.

17 there?
18

A

Yes.

18

19

Q

Did he ever talk about sex?

19

20

A

No.

20

THE WITNESS: This also.

21

Q

Did you ever hear anyone make any sexual

21

MR. PHILLIPS: Bates 181.

22

THE WITNESS: This.

22 comments toward him?

MR. PHILLIPS: Witness indicated Bates EEOC
182.

Page 126

Page 128

1

A

No.

1

MR. PHILLIPS: Bates 180.

2

Q

Did you ever hear anyone make any racial

2

THE WITNESS: This.

3 comments toward him?

3

MR. PHILLIPS: Witness is indicating Bates

4

A

No.

4

5

Q

Ms. Gonzales, what are you seeking from this

5

THE WITNESS: This.

6 lawsuit?

6

MR. PHILLIPS: Witness is indicating Bates

7

7

A

The time that I've lost work, the time I've

8 gone without receiving any wages, because at no time

9

184.

8

9 did they ever say it was going to be temporary work,

179.

10 and I took on obligations, and if all of a sudden I

THE WITNESS: That's all. I can't remember
anything else of it.

10 BY MS. QUAMIE:

11 end up without a job, that caused me serious problems. 11

Q

Do you recall if anyone went over the pages

12

Q

Is there anything else that you are seeking?

12 that you indicated that you recognized? Did anyone go

13

A

I don't know.

13 over those pages with you?

14

Q

You said at no time did they say it was

14

A

It was like a little booklet. It was four

15 going to be temporary work. Who?

15 or five pages folded like this. It wasn't like this.

16

16 It was sort of like an airline ticket, out of

A

When Cinnie Brown hired us, she said that if

17 we would be working for that company and that if we

17 cardboard.

18 did our job well, that Blockbuster would hire us.

18

19 Lincoln also said the same thing. They also said we

19 also Page 11.

20 were entitled to vacation, that after going beyond a

20

A

Yes.

21 certain amount of hours, that we were entitled to

21

Q

What is that?

22 vacation, that we were also entitled to health

22

A

This was provided to me the day that I

BLOCKBUSTER.transcript.gonzalesd

Q

Do you recognize EEOC 00177? I think it's

Pages 125 - 128

Page 129

Page 131

1 filled out the application.

1

2

2 box, he would bend down also and look, stare at her.

Q

And just to draw your attention to Exhibit 8

A

3 on your right, is that the same document?

3

4

4 named Victor Ruiz, and you testified that you knew him

MR. PHILLIPS: And I'll note for the record

Q

Yes. When she would bend down to pick up a
There was a reference earlier to a gentleman

5

that the witness does not read English, the

5 while you were working together?

6

facility, so there may be an issue there for the

6

A

Yes.

7

witness to answer the question.

7

Q

How did Taj treat Victor Ruiz?

8

A

He would have him sweep and pick up the

8
9
10

THE WITNESS: What I'm doing is I'm looking
back and forth to see if they look the same,

9 trash. He wanted to do the same jobs we did, but he

because I don't understand any of what it says.

10 felt sort of alienated or marginalized, and at the

11 BY MS. QUAMIE:

11 time when the boxes of DVDs would come in, he was in

12

12 charge of picking up all the trash that everybody

Q

13

Understood.
MR. PHILLIPS: I'll object on that basis.

13 would throw on the floor, to take the boxes apart, the

14 BY MS. QUAMIE:

14 plastic covering of the DVDs. He was sort of a helper

15

15 that when we would finish getting the DVDs ready to be

Q

I'll represent to you that the top of the

16 page reads "Handbook Receipt." Do you recognize -- is 16 sent out, to mail out, they would call him in to pick
17 that your signature at the bottom of Exhibit 8?

17 them up and say, "Victor, come and get them."

18

18

Q

Was there an employee named Sergio?

19 it's not a whole booklet.

19

A

Yes.

20

20

Q

How did Taj treat Sergio?

21

A

Very poorly.

22

Q

In what way?

21

A

Yes, yes. As you said, it's a handbook;
MS. QUAMIE: Okay, thank you. I don't have

any other questions.

22

MR. PHILLIPS: Okay, just a few clarifying
Page 130

1

questions.

2

EXAMINATION BY COUNSEL FOR PLAINTIFF

Page 132

1

A

He was always shouting at him. He would

2 humiliate him. The way he looked at it, any work that

3 BY MR. PHILLIPS:

3 Sergio did wasn't right. He would embarrass him in

4

4 front of the other staff by shouting at him.

Q

You were asked earlier about work you

5 performed after Blockbuster, preparing food for your

5

Q

Is Sergio Latino?

6 countrymen and women. Do you recall giving testimony

6

A

Yes.

7 about that?

7

Q

And Victor Ruiz is also Latino?

8

A

Yes.

8

A

Yes, he is, too.

9

Q

And I believe you testified during periods

9

Q

And you mentioned -- there was some

10 that you were doing that work, you were earning about

10 discussion earlier in your testimony about threats of

11 a hundred dollars a week; is that correct?

11 being discharged. Do you recall that testimony?

12

A

Yes.

12

A

Yes.

13

Q

Was that a hundred dollars a week profit, or

13

Q

And how frequent would you say those threats

14 was that a hundred dollars a week including the costs

14 were?

15 for preparing the food?

15

A

Every day.

16

A

It was profit.

16

Q

And Taj made those threats; is that correct?

17

Q

Okay, very good. Just wanted to make sure

17

A

Yes.

18 the record was clear.

18

Q

Were those threats made toward Latinos?

19

19

A

Yes.

20 Blockbuster, you observed Taj or Thomas, as we've

20

Q

Did you ever see Taj threaten a black

21 referred to him, staring at Lolita's buttocks; is that

21 employee with firing?

22 correct?

22

At some point during your work at

BLOCKBUSTER.transcript.gonzalesd

A

No. He would realize the errors that the
Pages 129 - 132

Page 133

Page 135

1 black employees would make, but he would sort of

1

2 gently come up to them and tell them, or he would act

2 BY MS. QUAMIE:

3 like he didn't see it or didn't realize it.

3

4

4 translated into Spanish?

5

MR. PHILLIPS: Pass the witness.
REDIRECT EXAMINATION BY COUNSEL FOR DEFENDANT

5

it's being . . .
Q
A

Did you always ask for Taj's comments to be
Whenever I would see Milagros and Lolita's

6 BY MS. QUAMIE:

6 facial expressions be of astonishment or

7

7 embarrassment, turning red, then I would ask for the

Q

Ms. Gonzales, when you saw Taj staring at

8 Lolita's buttocks, what did you do?

8 comments to be translated.

9

Me? Without knowing the language, I just

9

10 stared back at him. And he felt my stare, and he

10

11 stopped staring at her and turned around.

11

12

12

A

Q

And so to clarify, Victor Ruiz, do you know

MS. QUAMIE: Okay. Thank you, Ms. Gonzales.
I don't have any other questions.
MR. PHILLIPS: We will read and sign,
please.

13 if he applied to work, or do you know how he came to

13

14 work at the facility?

14

deposition of DOLORES GONZALES was concluded at

15

A

Yes. He was a friend of Lolita.

15

5:00 p.m.)

16

Q

And do you know what he applied to do or

16

17 what type of work he wanted to do?

17

18

A

The same one that all of us were doing.

18

19

Q

How do you know that?

19

20

A

Because we all applied for the same job.

20

21 There wasn't a janitorial position to apply for, for

21

22 somebody to be sweeping and picking up the trash.

(Signature having not been waived, the

22
Page 134

1

Q

Two more questions. I think you mentioned

Page 136

1

2 that some employees were being threatened, they were

2

3 being threatened with discharge, and you would know

3

4 this because you would ask someone to translate. Did

4

5 you always ask someone to translate?

5

that I have read and examined the foregoing

6

A

Yes.

6

testimony, and the same is a true, correct and

7

Q

Did a supervisor ever say anything to

ACKNOWLEDGEMENT OF WITNESS
I, DOLORES GONZALES, do hereby acknowledge

7

complete transcription of the testimony given by

8 employees that you did not ask to be translated?

8

me, and any corrections appear on the attached

9

9

Errata sheet signed by me.

A

That I didn't ask to? I don't understand

10 the question.

10

11

11

Q

Did Taj ever say anything to employees that

12 you did not ask to be translated?

12

__________________ ______________________________

13

A

That I didn't ask to be translated?

13

(DATE)

14

Q

Correct.

14

15

A

I don't understand the question.

15

16

Q

Did you ever see Taj speak to someone in

16

17 English that you did not understand and did not ask

17

18 someone to translate into Spanish?

18

19

(SIGNATURE)

19

A

If Taj was talking to someone, that he would

20 tell that person that I didn't need a translator?

20

21

21

22

MR. PHILLIPS: Good. I think we're having
trouble with the double negative, the way that

BLOCKBUSTER.transcript.gonzalesd

22

Pages 133 - 136