Case 2:11-cv-00949-DKD Document 1 Filed 05/12/11 Page 1 of 7

1 Mary Jo O’Neill, AZ Bar #005924

Andrea G. Baran, MO Bar # 46520
2
James Driscoll-MacEachron, AZ Bar # 027828
3 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
4 Phoenix District Office
3300 N. Central Ave., Suite 690
5 Phoenix, Arizona 85012
Telephone: (602) 640-5003
6 Fax: (602) 640-5009
Email: mary.oneill@eeoc.gov
7
andrea.baran@eeoc.gov
8 james.driscoll-maceachron@eeoc.gov

9 Attorneys for Plaintiff

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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
12
Equal Employment Opportunity )
13 Commission, ) Case No.:
)
14 Plaintiff, )
) Complaint
15 vs. )
) (Jury Demand)
16 Golf International, Inc., an Arizona )
corporation, d/b/a The Steakhouse at )
17 Desert Canyon and Desert Canyon Golf )
Club, )
18 )
Defendant. )
19 )
20
NATURE OF THE ACTION
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This is an action under Title VII of the Civil Rights Act of 1964, as amended, and
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Title I of the Civil Rights Act of 1991 against Defendant Golf International, Inc., d/b/a
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The Steakhouse at Desert Canyon and Desert Canyon Golf Club (“Golf International”),
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to correct unlawful employment practices and to provide appropriate relief to Jeffrey
25
White, who was adversely affected by such practices. As alleged with greater
26
particularity below, the Equal Employment Opportunity Commission (“EEOC”) alleges
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that Defendant Golf International discriminated and retaliated against Mr. White for
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1 engaging in protected activity in violation of Section 704 of Title VII, 42 U.S.C. § 2000e-
2 3(a). Specifically, Defendant terminated Mr. White’s employment because he opposed
3 unlawful sexual harassment, and, after Mr. White filed a charge of discrimination with
4 the EEOC, Defendant offered to rehire Mr. White if he would withdraw his charge of
5 discrimination with the EEOC and refused to rehire him when he would not agree to
6 withdraw his charge. Defendant also failed to post and keep posted in a conspicuous
7 place notices which are required by Title VII.
8 JURISDICTION AND VENUE
9 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331,
10 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section
11 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.
12 §2000e-5 (f)(1) and(3) (“Title VII”) and Section 102 of the Civil Rights Act of 1991, 42
13 U.S.C. §1981a.
14 2. The employment practices alleged to be unlawful were committed within
15 the jurisdiction of the United States District Court for the District of Arizona.
16 PARTIES
17 3. Plaintiff, the Equal Employment Opportunity Commission, is the agency of
18 the United States of America charged with the administration, interpretation and
19 enforcement of Title VII, and is expressly authorized to bring this action by Sections
20 706(f)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3).
21 4. At all relevant times, Golf International, Inc. d/b/a The Steakhouse at
22 Desert Canyon and Desert Canyon Golf Club, an Arizona corporation, has continuously
23 been doing business in the State of Arizona, including Fountain Hills, Arizona and has at
24 all relevant times had at least 15 employees.
25 5. At all relevant times, Defendant Golf International has continuously been
26 an employer engaged in an industry affecting commerce within the meaning of Sections
27 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
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1 STATEMENT OF CLAIMS
2 6. More than thirty days prior to the institution of this lawsuit, Jeffrey White
3 filed a Charge of Discrimination with the Commission, alleging that Golf International
4 violated Title VII. All conditions precedent to the institution of this lawsuit have been
5 fulfilled.
6 7. Defendant Golf International employed Mr. White as a cook from
7 approximately April to October 2009, including management responsibilities from
8 approximately June 2009, and as a kitchen manager in approximately February 2010.
9 8. At all relevant times, Frieder Ort was the president of Golf International
10 and Karl Boettcher was the general manager with authority over Jeffrey White.
11 9. On or about October 5, 2009, Mr. White submitted a written complaint to
12 Mr. Boettcher and Mr. Ort. The complaint stated that several female employees felt that
13 the head chef, Don Santos, was sexually harassing them.
14 10. On or about October 6, 2009, Mr. Boettcher called Mr. White and told Mr.
15 White that he was fired.
16 11. On or about October 13, 2009, Mr. White filed a charge of discrimination
17 with the EEOC stating that he was fired in retaliation for his October 5th complaint. The
18 EEOC provided Defendant with notice of Mr. White’s charge.
19 12. In approximately November 2009, Golf International offered to Mr. White
20 that it would rehire him if he would withdraw his charge of discrimination with the
21 EEOC. Mr. White refused to withdraw his EEOC charge, and Golf International refused
22 to rehire him.
23 13. In approximately February 2010, Mr. Boettcher offered Mr. White the
24 position of kitchen manager with Golf International. Less than three weeks after Mr.
25 White accepted the position and began working, Defendant again summarily terminated
26 his employment.
27 14. Shortly after his second termination, Mr. White applied for an assistant chef
28 position with another employer. He was hired by that employer and scheduled to start

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1 work when he was informed he would not be hired because he had failed his reference
2 check. Upon information and belief, Golf International gave Mr. White a negative job
3 reference because Mr. White refused to drop his EEOC charge of discrimination.
4 15. On or about April 2009 through April 2010, Golf International engaged in
5 the following unlawful employment practices at its Fountain Hills, Arizona facility in
6 violation of Section 704(a) of Title VII, 42 U.S.C. §§2000e-3(a), in retaliation for Mr.
7 White’s engagement in protected activity:
8 a. terminating Mr. White’s employment twice;
9 b. refusing to rehire Mr. White unless he would withdraw his EEOC
10 charge of discrimination;
11 c. providing a false, negative employment reference to Mr. White’s
12 potential employer or employers.
13 16. Since at least May 2010, Golf International has willfully failed, in violation
14 of Section 711(a) and (b) of Title VII, 42 U.S.C. § 2000e-10(a) and (b), to post and keep
15 posted in a conspicuous place notices which have been prepared or approved by the
16 Commission setting forth excerpts from or summaries of the pertinent provisions of Title
17 VII and information pertinent to the filing of a charge or complaint.
18 17. The effect of the practices complained of in paragraph 15 and 16 above
19 deprived Mr. White of equal employment opportunities and adversely affected his status
20 as an employee in retaliation for his activities protected by Title VII when he opposed
21 sexual harassment and filed a charge of discrimination.
22 18. The unlawful employment practices complained of in paragraph 15 and 16
23 above were intentional.
24 19. The unlawful employment practices complained of in paragraph 15 and 16
25 above were done with malice and/or with reckless indifference to the federally protected
26 rights of Jeffrey White, who was employed by Golf International.
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1 PRAYER FOR RELIEF

2 Wherefore, the Commission respectfully requests that this Court:
3 A. Grant a permanent injunction enjoining Golf International, its officers,
4 successors, assigns, and all persons in active concert or participation with them, from
5 retaliating against employees because of activity protected under Title VII and any other
6 employment practice which discriminates against any individual in violation of Title VII.
7 B. Order Golf International to institute and carry out policies, practices, and
8 programs which provide equal employment opportunities for applicants and employees
9 regardless of activity protected under Title VII and which eradicate the effects of their
10 past and present unlawful employment practices.
11 C. Order Golf International to make whole Jeffrey White by providing
12 appropriate back pay with prejudgment interest, in amounts to be determined at trial, and
13 other affirmative relief necessary to eradicate the effects of its unlawful employment
14 practices, including, but not limited to, reinstatement or front pay in lieu of reinstatement.
15 D. Order Golf International to make whole Jeffrey White by providing
16 compensation for past and future pecuniary losses resulting from the unlawful
17 employment practices described above, in amounts to be determined at trial.
18 E. Order Golf International to pay Jeffrey White by compensation for past and
19 future non-pecuniary losses resulting from the unlawful practices described above,
20 including but not limited to emotional pain, suffering, inconvenience, mental anguish,
21 loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
22 F. Order Golf International to pay Jeffrey White punitive damages for its
23 malicious conduct and/or reckless indifference described above, in amounts to be
24 determined at trial.
25 G. Order Golf International to post and keep posted notices in accordance with
26 the provisions of Section 711(a) of Title VII, 42 U.S.C. § 2000e-10(a) and assess
27 appropriate civil fines against the Defendant pursuant to Section 711(b) of Title VII of
28 the Civil Rights Act of 1964, 42 U.S.C. § 2000e-10(b).

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1 H. Grant such further relief as the Court deems necessary and proper in the
2 public interest.
3 I. Award the Commission its costs of this action.
4

5 JURY TRIAL DEMAND

6 The Commission requests a jury trial on all questions of fact raised by this
7 complaint.
8

9 RESPECTFULLY SUBMITTED this 12th day of May, 2011.

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P. DAVID LOPEZ
11
General Counsel
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JAMES LEE
13
Deputy General Counsel
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GWENDOLYN YOUNG REAMS
15
Associate General Counsel
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EQUAL EMPLOYMENT
17 OPPORTUNITY COMMISSION
18
131 M Street NE, 5TH Floor
Washington, D.C. 20507-0004
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s/Mary Jo O’Neill
MARY JO O’NEILL
21 Regional Attorney
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s/Andrea G. Baran
23 ANDREA G. BARAN
Supervisory Trial Attorney
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25 s/James Driscoll-MacEachron
James Driscoll-MacEachron
26
Trial Attorney
27
EQUAL EMPLOYMENT
28
OPPORTUNITY COMMISSION

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3300 N. Central Ave., Suite 690
Phoenix, Arizona 85012
2 (602) 640-5003
3 Attorneys for Plaintiff
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