United States of America v. Pierce County, Washington

Filing 1

COMPLAINT against defendant(s) Pierce County, Washington, filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(Sacks, Sonya) (Fee Waived)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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UNITED STATES OF AMERICA,
NO.
Plaintiff,

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COMPLAINT
v.

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JURY TRIAL DEMANDED
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PIERCE COUNTY, WASHINGTON,
Defendant.

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Plaintiff, United States of America, alleges:

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1.

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Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. (“Title VII”).

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This action is brought on behalf of the United States to enforce the provisions of

JURISDICTION AND VENUE
2.

This Court has jurisdiction over this action under 42 U.S.C. § 2000e-5(f) and 28

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U.S.C. § 1345. Venue is proper in this judicial district under 42 U.S.C. § 2000e-5(f)(3) and 28

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U.S.C. § 1391(b) because it is where a substantial part of the events or omissions giving rise to

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the cause of action herein occurred.

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COMPLAINT - 1

UNITED STATES
DEPARTMENT OF JUSTICE
Civil Rights Division
Employment Litigation Section
950 Pennsylvania Ave., NW
PHB - Room 4029
Washington, DC 20530

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3.

Defendant Pierce County (“Pierce County” or “the County”) is a political

subdivision of the State of Washington.
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Pierce County is a “person” within the meaning of 42 U.S.C. § 2000e(a), and an

“employer” within the meaning of 42 U.S.C. § 2000e(b).
5.

The Pierce County Assessor-Treasurer Office (“ATO”) is a governmental

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subdivision of the County, and is led by the Assessor-Treasurer (“A/T”), an elected official and

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agent of Pierce County.

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6.

On or about November 30, 2009, Sally Barnes, who lives within this judicial

district, filed a timely charge (Charge No. 846-2009-61053) against Pierce County with the

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Equal Employment Opportunity Commission (“EEOC”). Pursuant to Section 706 of Title VII,

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42 U.S.C. § 2000e-5, the EEOC investigated the charge of discrimination and retaliation filed by

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Barnes, found reasonable cause to believe Pierce County retaliated against Barnes in violation of

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Title VII, and unsuccessfully attempted to conciliate the charge. The EEOC subsequently

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referred the charge to the Department of Justice.

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7.

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All conditions precedent to the filing of suit have been performed or have

occurred.

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CAUSE OF ACTION
8.

Barnes was hired by Pierce County as a Clerk 1 in the ATO in 1979. Since that

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time, she has received several promotions and assumed the position of Administrative Officer in

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2003. She was one of two Administrative Officers at the ATO. Barnes oversaw the Appraisal

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Division of the ATO, while Administrative Officer Billie O’Brien oversaw the Treasurer

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Division of the ATO.

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COMPLAINT - 2

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UNITED STATES
DEPARTMENT OF JUSTICE
Civil Rights Division
Employment Litigation Section
950 Pennsylvania Ave., NW
PHB - Room 4029
Washington, DC 20530

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Dale Washam was elected to the position of A/T in November 2008 and took

office in January 2009.
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On or about January 20, 2009, during an all-staff meeting, Washam made several

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religious references to ATO staff, including “God put me here,” “God put me in this position for

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a reason,” “after prayerful consideration,” and “after praying last night.”

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On or about January 22, 2009, Washam held a meeting and admonished his

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management team for allegedly failing to perform statutorily-mandated physical inspections

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(“PIs”) of properties during the prior administration under former A/T Ken Madsen. During this

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meeting, Washam made several additional religious references regarding the PI issue, including

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“I prayed to God last night” and “I don’t know your religion, but you had better pray to God.”

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Washam also asked for a moment of silence, during which he said he would be praying.

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Following the meeting on or about January 22, 2009, Barnes and several other

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ATO employees contacted the Pierce County Human Resources Department (“HR”) to complain

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about Washam’s religious references in the workplace.

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13.

On or about January 23, 2009, Washam met with Barnes and O’Brien and assured

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them that he had prayed about the PI issue and decided to put it to rest and move forward.

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Washam also told Barnes and O’Brien that they had handled the PI issue well.

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14.

On or about January 23, 2009, Washam also met with Pierce County Executive

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Pat McCarthy and Pierce County Prosecuting Attorney David Prather regarding the PI issue.

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Subsequently, Washam reported to ATO staff that the Prosecuting Attorney would write an

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opinion exonerating him and ATO staff of the previous administration’s actions. Washam told

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COMPLAINT - 3

UNITED STATES
DEPARTMENT OF JUSTICE
Civil Rights Division
Employment Litigation Section
950 Pennsylvania Ave., NW
PHB - Room 4029
Washington, DC 20530

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staff that “God gave us new life,” “the issue is dead and gone,” “this is no longer a problem,” and

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“I told you God provides.”

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On or about January 29, 2009, McCarthy and HR Director Betsy Sawyers met

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with Washam and informed him that ATO employees had complained about his religious

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references in the workplace. They counseled Washam to stop making references to God and

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prayer and requesting that employees participate in moments of silence in the workplace.

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After being counseled against it, Washam continued to make religious references

in the workplace, albeit less frequently.
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Several times in early February 2009, Washam told ATO staff that they should

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not have gone to HR with the religious complaint against him. During other discussions,

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Washam told a number of employees that “someone had gone to HR against me” and “a manager

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had turned me in to HR.” Washam said at least once that he thought it was Barnes who

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complained to HR. On at least one occasion, Washam asked Barnes point blank “who went to

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HR about the moment of silence?” Barnes declined to disclose the information.

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By late February 2009, Washam singled out Barnes for negative treatment and

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ostracized Barnes. For example, Barnes was removed from some of her supervisory duties and

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excluded from meetings, communication, decision-making and information about the Appraisal

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Division, which she oversaw. Some of Barnes’s job duties were given to O’Brien. Washam also

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became outwardly hostile to Barnes, sometimes yelling at her during office meetings.

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In or about March 2009, Washam met with Pierce County’s Labor Relations

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Manager, Joe Carillo, and tried to terminate Barnes. As grounds for the termination action,

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Washam showed Carrillo a declaration relating to the PI issue that Barnes had signed in 2005 in

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COMPLAINT - 4

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UNITED STATES
DEPARTMENT OF JUSTICE
Civil Rights Division
Employment Litigation Section
950 Pennsylvania Ave., NW
PHB - Room 4029
Washington, DC 20530

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support of Madsen in a recall action filed by Washam in the Pierce County Superior Court.

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Although Barnes was one of two ATO employees who wrote declarations in support of Madsen,

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Washam did not try to discipline or terminate the other employee. When Carrillo told Washam

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that the declaration was an insufficient basis for discipline or termination of Barnes, Washam

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abruptly ended the meeting.

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On various occasions, Washam told ATO staff that he had “gone to HR to see if

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he could fire someone,” but that he was having trouble getting rid of the employee. Washam

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told one employee that he was going to have to fire Barnes “the dirty way.”

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21.

On or about March 11, 2009, Barnes filed a formal EEO complaint with HR

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against Washam on the basis of age, sex, religion and retaliation. Barnes’s EEO complaint was

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thereafter supplemented based on subsequent retaliatory actions. On or about April 6, 2009, HR

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notified Washam of Barnes’s EEO complaint.

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On or about April 16, 2009, Washam made a posting on the public ATO website

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stating that he received notice of a “bogus” EEO complaint filed by an unnamed person. In the

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posting, Washam openly complained about the cost of the EEO investigation to the County, and

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ultimately to the ATO. Washam told an employee that the complainant only brought the EEO

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complaint because she was about to be fired.

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23.

On or about May 11, 2009, Washam and newly-promoted Deputy Assessor-

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Treasurer Albert Ugas removed all of Barnes’s Administrative Officer duties, reassigned her to a

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“special project” with lower-level duties and little to no work to do, stripped her of access to the

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office computer systems, and relocated her from a private office in a desirable location to a

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COMPLAINT - 5

UNITED STATES
DEPARTMENT OF JUSTICE
Civil Rights Division
Employment Litigation Section
950 Pennsylvania Ave., NW
PHB - Room 4029
Washington, DC 20530

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remote and inferior worksite. After her reassignment, Barnes reported to a lower-level

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employee.

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In or about May 2009, Washam made repeated calls for an investigation of

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Barnes’s role in the PI issue to numerous state and local authorities, including the Pierce County

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Prosecuting Attorney, the Pierce County Executive, the Pierce County Council, the Pierce

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County Sheriff, the Department of Revenue, the State Auditor, the State Attorney General and

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the Governor. No authority endorsed any such investigation.

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25.

On or about June 10, 2009, Washam told at least one ATO employee that he was

only pursuing the PI issue because of Barnes’s EEO complaint.
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On or about August 7, 2009, an independent investigator hired by Pierce County

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to investigate Barnes’s EEO complaint found that Washam retaliated against Barnes based upon

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her participation in the oral and written complaints made to HR against him in January and

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March 2009.

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27.

On or about November 30, 2009, Ugas filed a whistleblower complaint against

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Barnes, alleging improper governmental action by Barnes regarding her role in the PIs. On or

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about March 19, 2010, an independent investigator hired by Pierce County to investigate the

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whistleblower complaint found that Barnes did not violate state law, but rather obeyed what she

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had been assured were the lawful orders of her supervisors.

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In or about March 2010, because of the retaliatory treatment against her, Barnes

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resigned her position at the ATO, several years earlier than she had planned to retire from her

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employment.

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COMPLAINT - 6

UNITED STATES
DEPARTMENT OF JUSTICE
Civil Rights Division
Employment Litigation Section
950 Pennsylvania Ave., NW
PHB - Room 4029
Washington, DC 20530

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29.

Pierce County, through its agents, representatives and employees at the ATO, has

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subjected Barnes to discrimination in violation of Section 704 of Title VII, U.S.C. § 2000e-3(a),

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among other ways, by retaliating against her because she engaged in activity protected under

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Title VII. Specifically, as a result of her oral and written complaints of discrimination and

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retaliation, Barnes suffered several adverse actions, including but not limited to: losing her

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Administrative Officer and other supervisory duties; being required to report to a lower-level

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employee; being excluded from meetings, communication, decision-making and information

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about the Appraisal Division, which she oversaw; being reassigned to a “special project” with

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lower-level duties; being stripped of access to the office computer systems; and being relocated

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from her private office in a desirable location to a remote and inferior worksite.

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PRAYER FOR RELIEF
WHEREFORE, the United States prays that the Court grant the following relief:
(a)

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Enjoin Pierce County from discriminating and retaliating against

employees who engage in activity protected under Title VII;
(b)

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Order Pierce County to develop and implement appropriate and effective

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measures designed to prevent and correct discrimination and retaliation, including but not limited

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to policies and training for all employees, as well as elected and appointed officials;

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(c)

Award make-whole remedial relief to Barnes, including back pay and

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interest, to compensate her for the loss she suffered as a result of the discriminatory and

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retaliatory conduct alleged in this Complaint;

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COMPLAINT - 7

UNITED STATES
DEPARTMENT OF JUSTICE
Civil Rights Division
Employment Litigation Section
950 Pennsylvania Ave., NW
PHB - Room 4029
Washington, DC 20530

(d)

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Award compensatory damages to Barnes to fully compensate her for the

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pain and suffering caused by Pierce County pursuant to and within the statutory limitations of

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Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a; and
(e)

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United States’ costs and disbursements in this action.

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Award such additional relief as justice may require, together with the

JURY DEMAND
The United States hereby demands a trial by jury of all issues so triable pursuant to Rule

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38 of the Federal Rules of Civil Procedure and Section 102 of the Civil Rights Act of 1991, 42

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U.S.C. § 1981(a).

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COMPLAINT - 8

UNITED STATES
DEPARTMENT OF JUSTICE
Civil Rights Division
Employment Litigation Section
950 Pennsylvania Ave., NW
PHB - Room 4029
Washington, DC 20530

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Respectfully filed this 1st day of June, 2012.

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THOMAS E. PEREZ
Assistant Attorney General
Civil Rights Division

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DELORA L. KENNEBREW
Chief

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LOUIS LOPEZ
Deputy Chief

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/s/ Sonya L. Sacks
SONYA L. SACKS (VA Bar No. 30167)
Senior Trial Attorney
[e-mail]
U.S. Department of Justice
Civil Rights Division
Employment Litigation Section
950 Pennsylvania Avenue, NW
Patrick Henry Building, Room 4029
Washington, DC 20530
Telephone: [phone]
Facsimile: [phone]

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JENNY A. DURKAN
United States Attorney

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/s/ Rebecca S. Cohen
REBECCA S. COHEN (WSBA No. 31767)
J. MICHAEL DIAZ (WSBA No. 38100)
Assistant United States Attorney
United States Attorney’s Office
Western District of Washington
700 Stewart Street, Suite 5220
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
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COMPLAINT - 9

UNITED STATES
DEPARTMENT OF JUSTICE
Civil Rights Division
Employment Litigation Section
950 Pennsylvania Ave., NW
PHB - Room 4029
Washington, DC 20530