from 2005 until August 14, 2008. Their subcontractor agreement required Currier
to comply with all local, state, and federal laws. Either party could terminate the
agreement on 30 days' notice or immediately upon default.
Yard supervisor Tom Vires advised Currier to install a citizens band (CB)
radio in his truck to facilitate communication with NSI dispatchers and forklift
operators. Currier told Vires he hated and did not want to hear the "obscene"
racist and sexist speech routinely heard on CB, including over the company's
radio frequency.1 Later, at Vires's request, Currier installed a radio.
Around 2007, Currier heard Jim Sleeth, a contractor driver who later
became an NSI dispatcher, say in the terminal, "Let's go put on the white sheets
and scare Fred!" Fred Morris was an African American driver for NSI.2 In 2008,
1 Vires testified that Currier referred to "obscene" or "explicit" speech but
that he did not remember Currier referencing sexist or racist speech.
2 Sleeth denied making this statement.
NO. 70128-2-1/3
Currier witnessed driver Terry Mock verbally abuse two Latino drivers named
Victor and Julio: "Hey, f**ing Mexicans, what do you got for sale? I know you got
something for sale because all Mexicans are thieves." Currier did not report
either of these incidents.
In spring or summer 2008, Currier had a confrontation in the receiving
office with Billy Howell, another driver. Howell whispered to Currier, "Hey, f**ing
N** lover, you're just a piece of s**t. You're ripping these people off here by not
working hard enough." Currier became angry, and a loud argument followed.
On August 12, 2008, Currier heard Howell yell across the yard to a Latino