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

EXHIBIT A Derogatory and Humiliating Remarks 1. 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). 2. 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). 3. On other occasions, Kevin Nunimaker called Kelley Miles a whiner and troublemaker (PSOF ¶ 239). 4. 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). 5. 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). 6. 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). 7. John Byrd called Ms. Miles a bitch (PSOF ¶ 70).

8. Todd Blough would make sexual and gender biased comments and Ms. Miles would stand up to him and tell him she didn't like hearing what he had to say (PSOF ¶ 181). 9. Mr. Blough, in the presence of Kelley Miles, who was about 15 feet away from him, was talking about a football star who had raped a woman and how the woman probably deserved it (PSOF ¶ 182). 10. Ms. Miles was offended by Todd Blough's comment about the football star, which possibly took place in 2003 (PSOF ¶ 183).

Case 2:03-cv-01210-PGR

Document 149-3

Filed 01/06/2006

Page 1 of 6

11. Another gender biased comment Mr. Blough made, which Ms. Miles found offensive, was his singing "ding dong, the witch is dead" as he walked past the aircraft Ms. Miles was working on (PSOF ¶ 184). 12. The singing of "ding dong, the witch is dead" by Todd Blough occurred around the same time Todd Blough made the comment about the woman and the football guy (PSOF ¶ 186). 13. Other gender biased comments made by Todd Blough included Todd Blough telling people Kelley Miles was a bitch; accusing her of having sex with coworkers; talking about sexual relations with his own wife and one time when Ms. Miles was leaving work and talking to Ted, Ms. Miles heard Todd Blough say that she was probably fucking him too (PSOF ¶ 187). 14. Another gender biased comment made by Todd Blough in which she found offensive was when she heard the safety guy in approximately 1997, make a comment that she was pretty and Todd Blough said she was, but that Ms. Miles was a bitch (PSOF ¶ 188). 15. Todd Blough would say that Ms. Miles was a bitch in her presence (PSOF ¶ 189). 16. Since June of 2001, when Ms. Miles filed her charge, Todd Blough has called Ms. Miles a bitch in her presence more than 5 times, possibly more than 10 times and she doesn't know if it was more than 15 times (PSOF ¶ 190). 17. As an example, since June of 2001, Todd Blough has asked Kelley Miles why she was such a bitch (PSOF ¶191). 18. Todd Blough has also referred to other women in the plant, in the presence of Kelley Miles, by using the word "bitch" (PSOF ¶ 192). 19. In the presence of Kelley Miles, Todd Blough told the guys that Helen Bailey was a bitch (PSOF ¶ 193). 20. Todd Blough was talking to Vic Bonomo and another guy named Mike when he called Helen Bailey a bitch (PSOF ¶ 194). 21. Todd Blough spread rumors about her that Ms. Miles was sleeping with Ted and that she was sleeping with an old man named Bernie (PSOF ¶ 195).

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22. Ms. Miles heard the statement Todd Blough made about sleeping with Ted and heard the rumors about her sleeping with Bernie (PSOF ¶ 196). 23. The statement Todd Blough made about sleeping with Ted, occurred sometime in 2001 (PSOF ¶ 197). 24. When Todd Blough was talking about his own sexual experiences with his wife, Kelley Miles told Todd to knock it off (PSOF ¶ 198). 25. In addition to the inappropriate sexual comments made by Todd Blough and Manny Cervantes, a male co-worker, Ted Manchango, also made inappropriate sexual comments to Kelley Miles (PSOF ¶ 199). 26. Ted Manchango made more than one comment that Ms. Miles found to be inappropriate sexual remarks (PSOF ¶ 200). 27. Ted Manchango used to talk about how Kelley Miles liked to be tied up (PSOF ¶ 201). 28. Ted Manchango used to reference things like whips and chains (PSOF ¶ 202). 29. On one occasion, Ted Manchango called Kelley Miles a bitch by stating "no wonder everybody thinks she's a bitch" (PSOF ¶ 203). 30. Ted Manchango made his comments quite a few months after Ms. Miles filed with HR and the EEOC (PSOF ¶ 205). 31. Ted Manchango made his comments about Kelley Miles liking to be tied up on a few occasions (PSOF ¶ 206). 32. In response to Manchango's comments about Miles liking to be tied up, Miles firmly told him to knock it off (PSOF ¶ 207). 33. After Ms. Miles told Ted Manchango to knock it off he told her he knew she liked it (PSOF ¶ 208). 34. At the same time Manchango made the comment about Ms. Miles liking to be tied up, he talked about whips and chains (PSOF ¶ 209). 35. Sometimes Manchango was laughing when he talked about Miles liking to be tied up, and commented about whips and chains (PSOF ¶ 210).
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36. On March 22, 2002, Miles filed an internal charge of continuing harassment and retaliation against Nunimaker, Fred Jones and Ted Manchango involving falsely accusing her partner and her of damaging the floor of an aircraft and attempting to hide it, and against Ted Manchango for calling Ms. Miles a "fucking bitch" (PSOF ¶ 252). 37. Todd Blough kept running around and telling Ms. Miles that she thought she was his boss. He crawled into the fuel cell and started singing really loudly about how Ms. Miles was not his "fucking boss" and don't tell him what to do (PSOF ¶ 283). 38. Blough continued to mock Miles and continued his talking and singing about the incident for almost one and one-half hours (PSOF ¶ 284). 39. Ms. Miles told Blough to stop it (PSOF ¶ 285).

40. Prior to June of 2001, when Todd Blough started sex rumors about Kelley Miles, Ms. Miles believes Blough was retaliating against her due to her complaints. (PSOF ¶ 320). 41. Kelley Miles heard from Helen Bailey that John Byrd told Troy Duncan that Ms. Miles was a bitch for going to Human Resources (PSOF ¶ 346). 42. The various conversations dealing with John Byrd calling Kelley Miles a bitch for going to Human Resources would have been the day John Byrd got called down to EEOC (PSOF ¶ 347). 43. Ms. Miles complained in writing about John Byrd's harassment in 2003 to Jeff Luidhardt, Kevin Nunimaker and Miguel Gonzales and gave them copies on February 4, 2003 (PSOF ¶ 349). 44. Kelley Miles told Nathan Van Keuren that she was upset that Todd Blough was telling everybody that she was available for sexual favors (PSOF ¶ 427). 45. Greg McDonald heard Kevin Nunimaker, the first shift supervisor, make inappropriate sexual comments to Miles, such as "your next piece of meat's here" when a new aircraft arrived in pre-mod. (PSOF ¶ 438). 46. When Kevin Nunimaker told Kelley Miles "your next piece of meat's here", he was the only supervisor in the area because Jeff Luidhardt had not yet begun supervising the second shift (PSOF ¶ 439).

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47. Greg McDonald believes Kevin Nunimaker made more than one inappropriate comment to Kelley Miles (PSOF ¶ 440). 48. Kevin Nunimaker directed the "piece of meat" comment to Kelley Miles in front of everybody at a safety meeting, which comprised the employees of the first and second shift (PSOF ¶ 441). 49. A number of employees have told Greg McDonald that Kelley Miles was a "bitch" and other colorful words such as "fucking cunt" (PSOF ¶ 442). 50. All of the individuals on the first shift CCAD (another Apache helicopter that is torn down in Pre-Mod) have called Kelley Miles a "bitch" (PSOF ¶ 443). 51. Those individuals consist of Todd Blough, Fred Jones, Vic Bonomo and Ted Manchego" (PSOF ¶ 444). 52. When Ted Manchego called her a "bitch", Kelley Miles got upset and walked away (PSOF ¶ 445). 53. Todd Blough and Rick Malone called Kelley Miles a "fucking cunt" (PSOF ¶ 446). 54. Fred Jones called Kelley Miles a "bitch" in front of Troy Flowers. Flowers also heard a co-worker named Sean call Miles a "bitch." (PSOF ¶ 468). 55. The guys on the first shift talked about how much they disliked Miles in front of Flowers from July of 2001 through July of 2002 (PSOF ¶ 481). 56. Jeff Luidhardt called Kelley Miles a "bitch" (PSOF ¶ 482).

57. Troy Flowers heard about a conversation in which Jeff Luidhardt told Kevin Nunimaker that Mr. Luidhardt lost his temper and called Kelley Miles a "bitch" (PSOF ¶ 483). 58. Troy Flowers could see that Kelley Miles was upset about the comment about Jeff Luidhardt calling her a "bitch" (PSOF ¶ 484). 59. Kelley Miles told Jeff Luidhardt that employees were telling her Todd Blough was making sexual remarks about her on May 21, 2001 (PSOF ¶ 793). 60. Jonathan Byrd did not know if he called Kelley Miles a "bitch" at work or out of work more than one hundred times (PSOF ¶ 834).
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61. Jonathan Byrd heard Todd Blough call Kelley Miles a "bitch" and Todd Blough told Mr. Byrd he got called into Human Resources for it (PSOF ¶ 838). 62. Kevin Nunimaker has referred to a new helicopter as "a piece of meat" (PSOF ¶ 850). 63. Todd Blough stated that Kelley Miles was getting away with a lot of stuff and she was giving good "blow jobs" (PSOF ¶ 907). 64. Todd Blough told Jeff Luidhardt he made the statement that Kelley Miles was getting away with a lot of stuff and that she was giving good "blow jobs" (PSOF ¶ 908). 65. Todd Blough thinks he told Dick Mead about the statement of Kelley Miles giving good "blow jobs" (PSOF ¶ 909). 66. It is possible that Todd Blough told Vic Bonomo that Kelley Miles was "fucking" Ted Machengo while Kelley Miles was present (PSOF ¶ 916). 67. During the five months of 2001, Manny Cervantes continued to harass Miles in the manner he had for years, by conduct including grabbing her and trying to rub her shoulders or hug her, sticking his tongue out toward her, and making comments such as, "you know you want me" or, "you know you love me" and blowing kisses at her. (PSOF ¶ 941).

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