Free Response in Opposition to Motion - District Court of Arizona - Arizona

EXHIBIT B Retaliation and Harassment - Complaints and Boeing Response 1. On June 7, 2001, after Ms. Miles' complained to HR on June 6, 2001 about harassment/sexual harassment, it became known Ms. Miles had filed a complaint with HR; Ms. Miles saw Todd [Blough] go over to Vic [Bonomo] and then she saw Vic look at her and very loudly make a comment that "the fucking war is on now" (PSOF ¶ 132). 2. On repeated occasions to prior to June 4, 2001, Ms. Miles complained to Kevin Nunimaker that the conduct [she was complaining about] was being done to "mess with" her (PSOF ¶ 112). 3. In the memorandum Miles gave to Dick Mead shortly after June 7, 2001, Ms. Miles was complaining that HR was making her a target and complained about the comment "the fucking war is on now" (PSOF ¶¶ 131, 133). 4. After Ms. Miles turned in Exhibit 18, Dick Mead said something to the effect that this is going all the way to the top and that Ms. Miles was going to create a lot of enemies by filing her complaints (PSOF ¶ 138). 5. Supervisor Kevin Nunimaker on more than one occasion prior to June 2001, called Ms. Miles a "fucking crybaby" and "troublemaker" when she reported co-workers' inappropriate conduct such as the mistreatment by the "guys" and their accusations about her work (PSOF ¶¶ 232-236, 242). 6. On at least one occasion supervisor Jeff Luidhardt was present when Ms. Miles complained to Kevin Nunimaker and Kevin Nunimaker called her a "fucking crybaby" (PSOF ¶¶ 233-236). 7. On other occasions, Kevin Nunimaker called Kelley Miles a whiner and troublemaker (PSOF ¶ 239). 8. During Ms. Miles' July 31, 2001 conversation with Dick Clark, Ms. Miles tried to tell him she went to her manager, Kevin Nunimaker, numerous times and he would do nothing and would only tell her she was a "fucking crybaby" (PSOF ¶ 154). 9. Dihn Luu, a co-worker testified that in 1999, co-workers treated Kelley Miles with respect, but toward the middle or end of 2000, the co-workers were disrespecting her (PSOF ¶¶ 360, 363, 364).
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10. Subsequent to June 2001, Ms. Miles was asking Kevin Nunimaker why he didn't ever "put a stop to anything down there" and he called her a troublemaker (PSOF ¶ 244). 11. Channing Campbell, who was an EEO focal and assigned to investigate Kelley Miles' complaints against her manager Jeff Luidhardt, was told by Jose Lito Santos that Kelley Miles got Manny Cervantes fired and some of the guys told him to be careful around Kelley Miles because she would report him to Human Resources (PSOF ¶¶¶ 618, 619, 640). 12. On June 26, 2003, Jason Carter told Channing Campbell that Kelley Miles had turned in several complaints to Human Resources, which was a concern to Channing Campbell because those complaints were supposed to be confidential (PSOF ¶ 658). 13. On June 26, 2003, Todd Blough reported to Channing Campbell that people steer clear of Kelley Miles because they think she will take them to Human Resources (PSOF ¶ 659). 14. On June 26, 2003, co-worker Dale Allen reported to Channing Campbell that some people, including Luidhardt, had harsh feelings toward Miles because of the Human Resources issues (PSOF ¶ 663). 15. Campbell confirmed Miles' complaint that she was being retaliated against for having gone to Human Resources (PSOF ¶ 664). 16. During the investigation, John Byrd told Catherine Diga, a Boeing EEO investigator, during an EEO investigation she was conducting that he "could not afford to talk to Kelley because she has gotten other people fired" (PSOF ¶¶ 678, 692). 17. John Byrd told Catherine Diga that he did not speak to Kelley Miles and "stays as far away from Kelley as possible" because she had Cervantes fired (PSOF ¶ 693). 18. Todd Blough had animosity toward Kelley because she wrote to Human Resources about him yelling at her in October 2002 (PSOF ¶ 910). 19. Fred Jones, a co-worker of Miles, told Flowers, another co-worker of Miles, to avoid using the hole fill tool box because Miles might try to get him fired too (PSOF ¶ 473).
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20. The guys on the first shift talked about how much they disliked Kelley Miles in front of Troy Flowers from July 2001 through July 2002 (PSOF ¶ 481).

21. Fred Jones told Troy Flowers that Kelley Miles had someone fired by reporting that he had done something sexual in nature (PSOF ¶ 471). 22. Ms. Miles told co-workers Todd Blough and Ted Manchango to stop when they made sexual and gender biased comments to her (PSOF ¶¶ 181- 198, 207, 208). 23. Ms. Miles had previously told Manny Cervantes on many occasions to stop his physical sexual harassment of her and to get away from her (PSOF ¶¶ 11-16). 24. When Kelley Miles was making her numerous complaints, Dick Mead offered to move Ms. Miles to a different area in 2002; Miguel Gonzales offered to move Ms. Miles to a different area in 2002; and in 2003, Jeff Luidhardt in the presence of Miguel Gonzales (EEO officer) and Nancy Carlson (an HR representative) again offered to move her to a different area and each time she rejected it (PSOF ¶¶ 291, 293-296).

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