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1 JON M. ICHINAGA (#137290)
Chief Counsel
2 NELSON CHAN (#109272)
Associate Chief Counsel ^HLpTEN
3 ROYA S. LADAN (#287161)
Staff Counsel
4 DEPARTMENT OF FAIR EMPLOYMENT JUL - ( 2 0 } ^
AND HOUSING
5 2218 Kausen Drive, Suite 100
Elk Grove, CA 95758 By: A. yfji5HY AUSTIN ADAMS SCHOENFELD LLP
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10 By:. • c..::: -
11 DENNIS R. MURPHY '
AARON B. SILVA
12 Attomevs for Defendant
AMERICAN PACIFIC C0RP0R.AT10N. a Nevada
13 Corporation, dba AMPAC FIN^E C H E M 1 ( : A L S
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10 3996.002-ISI 7245.1
VERIFIED SECOND AMENDED ANSWER BY DEFEND.ANT TO CO.MPLAINT
016
1 VERIFICATION
2 I, Chris Kovach, declare:
I am Human Resources Director of AMERICAN PACIFIC CORPOR.ATION, a Nevada
4 Corporation, dba, AMP.AC FINE CHEMICALS, a corporafion organized and exisfing under die
5 laws of California, which is the Defendant in the above-entitled action, and I have been
6 authorized to make this verificafion on its behalf
7 I have read the foregoing DEFENDANT AMERICAN PACIFIC CORPOR^ATION, DBA
8 AMPAC FIN^E CHEMICALS VERIFIED SECOND AMENDED ANSWER TO COMPLAINT
9 on file herein and know the contents thereof The statements are true of my own knowledge,
10 except as to those matters stated on information and belief, and, as to those matters, I am
11 informed and believe that they are true.
12 I declare under penalt}' of perjur}' under the laws of the State of California that the
13 foregoing is true and correct.
< t
2 C
14 Executed at Rancho Cordova, California on February . 2015.
15 rn
16 CHRIS KOVACH
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VERIFIED ANSWER BY DEFENDANT TO COMPL.AINT
017
PROOF OF SERVICE
Re: Department of Fair Employment and Housing, etc. v. American Pacific Corporation, etc.
. Sacramento County Superior Court Case No. 34-2013-00151153
1, Lu Ann Leger, declare:
4 1 am a citizen ofthe United States and employed in the County of Sacramento, Califomia.
i am over the age of eighteen (18) vears and not a party to the within action. My business address
5 is 304 "S" Street, Sacramento, California 95811-6906.
6 I am familiar with the business pracfice at my place of business for collecfion and
processing of correspondence for mailing with the United Slates Postal Sen'ice. Correspondence
7 so collected and processed would be deposited with the United States Postal Service that same
day in the ordinary course of business.
8
On Februar}' 20, 2015,1 served the following document(s) described as:
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DEFENDANT AMERICAN PACIFIC CORPORATION, DBA A.WAC FINE
10 CHEMICALS VERIFIED SECOND .^LMENDED TO COMPLAINT
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by placing a true copy thereof in a sealed envelope with first-class postage thereon
12 fully prepaid, in the United States Postal Service Mail at Sacramento, Califomia
addressed as set forth below.
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I [ by causing a true copy thereof to be personally delivered to the person(s) at the
c 14 address(es) set forth below.
95
f E&H Automotod
Dept. Fair Empl. & Hous. v. American Pacific Corp., et. al. (Lozano)
r)FF.H'.<; First Rr.niif.st f n r AHmi.<:«irvne
TI2T
1 REOUEST NO. 5:
2 You are requested to admit that Katherine Malberg is an employee of AMPAC Fine
3 Chemicals who uses the email address Katherine.Malberg@apfc.com.
4 REOUEST NO. 6:
5 You are requested to admit that the following described document, which was included
6 in AMPAC's response to the DFEH complaint as Exhibit A, a copy of which is attached, is a
7 true, accurate and complete duplicate copy of the original: Email sent to
8 Katherine.Malberg@apfc.com on September 5, 2011,fi-omNick Lozano, Lozano_69@hve.com,
9 incorporated herein by reference as Exhibit 4 (1 p.).
10 REQUEST NO. 7:
11 You are requested to admit that the following described document, a copy of which is
12 attached, is a true, accurate and complete duplicate copy of the original: Email sent fi-om
13 Katherine.Malberg@apfc.cora on September 6, 2011, to Nick Lozano, Lozano_69@live.com,
14 incorporated herein by reference as Exhibit 5 (2 pp.).
15 REQUEST NO. 8:
16 You are requested to admittiiatthe following described document, a copy of which is
17 attached, is a true, accurate and complete duplicate copy of the original: Email sent from
18 Katherine.Malberg@apfc.corii on September 12, 2011, to Nick Lozano, Lozano_69@live.com,
19 incorporated herein hy reference as Exhibit 6 (1 p.).
20 REQUEST NO. 9:
21 You are requested to admit that the following described document, a copy of which is
22 attached, is a true, accurate and complete dupficate copy of the original: Email sent from
23 Katherine.Malberg@apfc.coni on September 19, 2011, to Nick Lozano, Lozano_69@live.com,
24 incorporated herein by reference as Exhibit 7 (2 pp.).
25 REQUEST NO. 10:
26 You are requested to admit that the foUov\'ing described document, a. copy of which is
27 attached, is a true, accurate and complete duplicate copy of the original: Email sent fi-oni
COURT PAPER
St.-ite of CnlifornlA
Sid. 113 Ruv. 3-9;;
FE&H Automated -3-
Dept. Fair Empl. & Hous. v. .American Pacific Corp., et. al. (Lozano) TJ22-
1 Katherine.Malberg@apfc.com on September 20, 2011, to Nick Lozano, Lozano_69@live.com,
2 incorporated herein by reference as Exhibit 8 (1 p.).
3 REOUEST NO. 11: '
4 You are requested to admit that the following described document, a copy of which is
5 attached, is a true, accurate and complete duplicate copy of the original: Email sent fi-om
6 Katherine.Malberg@apfc.com on October 6, 2011, to Nick Lozano, Lozano_69@live.coni,
7 incoiporated herein by reference as Exhibit 9 (1 p.).
8 REQUEST NO. 12:
9 You are requested to admit that the following described document, which was included
10 in AMPAC's response to tiie DFEH complaint as Exhibit B, a copy of which is attached, is a
11 true, accurate and complete duplicate copy of the original: Email sent to
I
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Katherine.Malberg@apfc.com on October 14, 2011,fi-omNick Lozano, Lozano_69@live.com,
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incorporated herein by reference as Exhibit 10 (1 p.).
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REQUEST NO. 13;
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You are requested to admit that the following described document, which vvas included
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in AMPAC's response to thelDFEH complaint as Exhibit C, a copy of which is attached, is a
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true, accurate and complete duplicate copy ofthe original: Email sent fi-om
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Katherine.Malberg@.apfc.coni on October 17, 2011, to Nick Lozano, Lozano_69@live.com,
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incorporated herein by reference as Exhibit 11 (2 pp.).
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REQUEST NO. 14:
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You are requested to admit that the following described document, which was included
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in AMPAC's response to the DFEH complaint as Exhibit D, a copy of which is attached, is a
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true, accurate and complete duplicate copy of the original: Email sent to
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Katherine.MaIberg@apfc.com on October 31, 2011,fi-omNick Lozano, Lozano_69@live.com,
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incoiporated herein by reference as Exhibit 12 (1 p.).
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REOUEST NO. 15:
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You are requested to admit that the following described document, which was included
COURT PAPER
Stalo ot California
Std. 113 RflV. 3-95
FE£H Automated -4-
Dept. Fair Empl. <& Hous. v. American Pacific Corp., et. al. (Lozano) tI23-
1 in AMPAC's response to the DFEH complaint as Exhibit E, a copy of w4iich is attached, is a
2 true, accurate and complete duplicate copy ofthe original: Letterfi-omAMPAC to Nick Lozano
3 on November 15, 2011, incorporated herein by reference as Exhibit 13 (1 p.).
4 REOUEST NO. 16:
5 You are requested to admit that the following described document, which was included
6 in AMPAC's response to the DFEH complaint as Exhibit F, a copy of which is attached, is a
7 true, accurate and complete duplicate copy of die original: Email sent to
8 Katherine.Malberg@.apfc.com on November 28, 2011, from Nick Lozano,
9 Lozano_69@live.com, incorporated herein by reference as Exhibit 14 (1 p.).
10 REQUEST NO. 17: i
11 You are requested to admit that the following described document, which was mcluded
12 in AMPAC's response to the DFEH complaint as Exhibit G, a copy of which is at1:ached, is a
13 true, accurate and complete duplicate copy of the original: Resume of Real Paity in Interest,
14 Nick Lozano, incorporated herein by reference as Exhibit 15 (1 p.).
15 REQUEST NO. 18:
16 You are requested to admit that the following described document, which was included
17 in AMPAC's response to the DFEH complaint as Exhibit I, a copy of which is attached, is a true,
18 accurate and complete duplicate copy ofthe original: Applicant Screening Report for Real Party
19 in Interest, Nick Lozano, incorporated herein by reference as Exhibit 16 (9 pp.).
20 REQUEST NO. 19:
21 You ai-e requested to admit that AMP.AC discovered firom the Applicant Screening
22 Report for Real Party in Interest, Nick Lozano, attached hereto as Exhibit 16, that Real Party in
23 Interest, Nick Lozano was born female, going by the names Nicke and Nicole.
24 REQUEST NO. 20: !
25 You are requested to admit that tlie following described document, which was included
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in AMPAC's response to fhe DFEH complaint as Exhibit J, a copy of wliich is attached, is a true,
COURT PAPER
Stat« of California
Std. 113 Rov. 3-05
FE&M Automatod
Dept. Fail'Empl <&FIoiis. v. American Pacifc Corp., et. al. (Lozano) 024
DFEH's First Reciuesi for Admissions
1 accurate and complete duplicate copy of the original: Identification Informafion & Criminal
2 History Disclosure for Real Party in Interest, Nick Lozano, incorporated herein by reference as
3 Exhibit 17 (2 pp.).
4 DATED: May 29, 2014 DEPARTMENT OF FAIR EMPLOYMENT
AND HOUSING
5
JON M. ICHINAGA
6 Chief Counsel
7 ROYA S. LADAN
Staff Counsel
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9 By: A
10 Roya Ladan
Attomeys for the DFEH
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COURT PAPER
Stnto of Catlforn'M
Sid. 113 Rev. 3.»5
FE&H Aiitom«tfld
Dept. Fair Empl. & Hous. v. American Pacific Corp., et. al. (Lozano)
DFF.H'.s Firsr Rp,niie.<;f fr>r AHmis.sinns
'UZ5'
026
?^l^.b,t "fl"
FOR OFFICE USE ONLY LAST NAfifiE FIRST NAME tNlTIAL
O
Ampac Fine Chemicals LLC
AWIPAC FINE CHEMICALS LLC IS AN AFFIRMATIVE ACTION EMPLOYER
I It is ihe fundamental poficy of Ampac Fine Chemicals LLC io prohibit unlawful discrimination againsf qualified I
I employees and applicants for employment based on race, color, national origin, religion, age, disability, sex, \
' veteran status, or any other factor prohibited by law, I
027
PLEASE PRINT (N WK OR TYPE
LAST NAME FIRST MID01.E SOCIA!. SECURITY NUMBER
STREET ADDRESS CITY STATE ZIP TELEPHONE NUMBER
AREYOUOUER U.S. MILITARY SERVICE • YES 0 ^ 0
AO!; IfiT
BRANCH: AliqpflrTiployfncni aKor. ccn you prftiem prool ol yDur {ogal ngrf lo MWK n Ihn united Siaies^
S'YE.S • KO RAMK. • 3 YES • NO
REGULAR • RESERVS•
HAVE YOU EVER WORKED FOR AMPAC FW5 CHEMICALS OR AMY AFFILIATED COMPANY? NA}AS& OF RELATIVES WORKING FDR AMPAC FINE CHEMICALS OR ANY AFi^lUIATED
COMPANY:
• YES iS^O IF YES, Gtve LOCATlONfSi A^4D DATE(S). GIVE LOCATION;
HAVE YOU PREViDUSl.V APPLIED TO THS COMPANY? • YES E^'O Ir YES CIVS DATEISI,
PLEASE INDICATE SOURCE OF REFEHftAL
• EMPLOYEE • ADVERTIESMENT
• CONTACTED AEROJET ON OWN • PRIVATE AGENCY
• COLLEGE • STATE AGENCY
D JOa FAIR Q - ^ OTHER
LIST "IHE JOB FDR WHICH YOU ARE APPLYING C W e S - ^ . ^ CJOVL-
• TYPE OF EMPLOYWSNT DESIRED S^FVIIL-TIME • PART-TIME • SUMMER • CO-OP
EDUCATION
(CIRCLE HIGHEST LEVEL COWPLETEO)
HIGHBCHOQl. NAHeANO LOCATION OF LAST HIGH SCHOOL _ COLLEGE
1 <5^3 » S 13 7 a
C O L L E G E S AiTTENDEO (ALL DEGREES IAALL BE VERIFIED-YOU MUST PROVIDE OFFICIAL tiwcscfiiPTs IF COLLEOE IS UNABLS TO VERIFY i
COMPLETED CLASSROOM
NAME AND LOCATICN OF COLLHGC OR UNIVERSITY jCily. Sum, MAJOR (.MINOR UNITS GPA TYPE OF DEGREE YEAH
SEMESTER Q'J.f.HTER
1
O T H E R S C H O O L S AND T R A I N I N G oFHiRfiO. TRANSCRIPTS MAY BE REOueaTED FOR ALL COURSE WORK CLAIMED OK APPLICATION WHERE DEGREE WAS NOT
AWAROED.I
NAME AND LOSAriON (City. Slalo, Elol | COURSES CeRTIFCATES EAH«EU/YEAR LENGTH OF COURSE
1
1
PROFESSIONAL REFERENCES (PROVIDE NAC/ES OF THREE SUPERVISORSAIANACERS WE MAY CONTACT WHO HAVE KNOWIEDGE OF YOUR //ORK/
EDJCATlONAi BACKGROUND,)
NAME ANDlnLf. CO, NAt/E. ADDRESS, CITY, STATE. 2IP CONTACT PHONE
WORK
1 ) HOI/lII
WORK
('^fz-'^'''^ ^^--^"^ S - ^ i s ItOME
WORK
HOME
Applicants selected will have access to information that is subject: to UiS. export control laws and regulations and must meet
eligibility roquirements for access lo eKport-controlled information.
SECURITY INFORfWATION
HAVE YOU BEEN COf.(VICTED DF A CRIMINAL CFFEMSE7 O YES 0 ^ 0 IF YES, PLEASE EXPLAIN,
NOTE. A CONVICTION WU. NOT NECESSARILY DISQUALIFY AN APPICA.-JT FROM Et.«PLOYMEWT, 0 0 NOT AWSWER "YES- OK PROVIDE ANl' IMI^OHMATION RECARDIN'G ANY ARRRST OR
DETENTION VVH'.CH DID NOT RESULT IN A COffVlCTlON; AMY C0NV1CTK3N FOR WHICH TKE RECORD HAS BEEN JUDICIALLY ORDERED SBALED. EXPUNGED OR STATUTORILY
ERADICATED, ANY PARTICIPATION IN A FRETRiAL OR POST.TRjyL DIVERSION PROGRAM WHlC-l HAS BEEN SLiCC£ESFULLY CQWP-.-ETEO; ANY MlSDE,n.M£ANOR CONVICTION I'OR
WHiai PROBATION HAS BEEN 6UCCEB3FUU.Y CO^^PLE^ED OH OTHERWISE DISCHARGED AND THE CASE HAS BEEN JUDICIALLY DISMISSED; ANY CONVICTION FOR WIICH A .'•'ULL
PAROOli l-LAS BEEN GRANT:ED. OR ANY (HARIJUAMA-RELATEO MISOEAMSAJJOR CONVICTION OCCURRING MORE THAN 1V/0 YEARS AGO,
028
I EMPLOYMENT HISTORY
A RSSUM3 WILL MOT BE ACCEPTED AS A SUBSTrTLTE FOFi A COMPLETED .APPLICATO-l
THIS ENTIRE SECTION MUST BE COMPLETED, LIST ALL PERIODS OF EMPLOYMENT AND J OR UNEMPLOYMENT SINCE
YOUR FIRST REGULAR FULL-TIME JOB IN REVERSE ORDER BEGINNING WITH YOUR MOST R6C6NT EXPEaiENCE.
• CURRENT EARNINGS WILL BE VERIFIED BY PAYCHECK STUB OR OTHER OFFICIAL OOCUMENTATIOK,
DATE STARTED (MO t Y R ! DATE ENDED (MO & VRl COMPANY NA;.(E BAiJE PAY RATE ONLY-
io/i o C.ui-r!riZ£i>->"T 0<-S.o»-J f^etJc-f^d START % 1 -^fr^i— END Hd
JOB Til LE COMPANY ADDRESS. CITY, STATE, ZIP OTHER COMPENSATION OATE AND AMOUNT
(BONUS. OVERTIME. ETC.l OF UST INCRSASe
Cl)T!E\.
DAI'S STARTED (MO t YR) PATE ENDED (VO i YR] COMPANY NA«E BASE PAY RAT£ ONLY-
(PL« ( START^' •l.l.al'./t-MXJnM.ENrig ' S I O I /N-ikl'TK
JOB T H L E COMPANY AODRcSE, CITY. STATE. ZIP OTHER COMPENSATION (BONUS. OVERTiNlE. H C )
Wi/ A,
OUTESANORESPONSlOlL-.TlES-rOUflESMAYSEeLAHORATepONAauPPLEWENTALSHSET,) (B^ FULL-TIME 0 PAST-TIME C TEMPORARY
SUPERVISOR'S NAME AND TITLE j PHONE NUMBER EXPLAIN" REASON FOR LEAVING (OR SEEKING OTHER EMPLOYMENT);
DATE STARTED (MO 6 YR) DA1"EENCSD (MO&YR) COMPANY fJAME BASE PAY RATEONLV
OS j OLt-} START a ' 5 . - S = ' / END?i *& -C^CJI U r u
JOB TITLE COMPANY ADDRESS. CITY. STATE. ZIP _ c- CIHER COMPENSATION' (BONUS. 0\'ERT(ME. £TC 1
rV—
DUTIES AND neSPONSISrullES (DU'IIES MAY BE ELADQRATEDON ASUPPLGMCHTAL SHEE*.) ST FULL-TIME • PART-TIME D lEt/.PORARV
SUPERVISOR'S NAME AND TITLE PHONE NUMBER i EiXPLAlN REASON FOR LEAVING (OR SEEKING OTHER EWPLOVtiiENT )•
D.ATE STARIEOfMOS YR) DATE ENDSO (MO f. YR) COMPANY NAME BASE PAY RATH ONLY'
t L3/ O i f S1A-:JT? \ L . - l ^ / END^ \ < . . " \ & ( v « > . _
JOB riTLE COMPANY ADDRESS. CITY, STATE ZIP OTHER'COt/PENSATION (BONUS, OVERTIME. ETC )
DUTIES AND RESPONSIEILiriES (DUTIES MAY SEELABORATElj ON A SUPPLe(.(ENTAL SHEET,) O^FULL-UME D PART-TME D TEMPORARY.
^tC. O f=ȣlv2,''^ "1-" ** OP"
"T-i C 5 C-S.-T". <-i OI~^
SUPERVISOR'S NAME AWD TITLE [ PHONE NUMBEB EXPLAIN REASON FOR LCAV.NG (OR SEEKII^G OTHER EMPLOYWENl )
1 Riiti
ADDITIONAL WORK EXPERIENCE
DATES BASE PAY RATE
(MONTH - YEAR) CSMPAMY NAME AMD AOOREBS JOa TITLE SUPERVISOR'S NAME ONLY REASON FOR LEAVING
CITY. STATE, ZIP
FROM TO START ENO
o L p / £.; C3£'r/a/L-CI2— F f i - L . T i ~.*cr J o s i.-i<-r
— F=' 1 (3-
Sent Ivlonday, September 05. 2011 "Ml pM
To: Katherine Malberg
Subject: Opperator Technician AtviPAC career opening
Attachments: Nick fire fighter resume.doc; stevie letter of recommendation.docx
To Whom II Way Concern:
My name is Nick Lozano and 1 am writing to express my interest with the career opportunity as an Operator Technician
with AMPAC. A close friend of mine lA'ho is an associate of PGS inform me that you would be hiring. You will see that my
resume is mainly with the tire service; however, 1 lost my position due to the recent budget cuts. I have heard great things
about working for AMPAC and I am very interested in the position. I am a -A'ell rounded individual who learns very quicl::)n;-: Katherine Malberg (katherine.malberg@apfc.com}
S^rnr: Tue 9/05/11 1:59 PM
'cr Ioz3no_69@live.CQm (lo2ano_69@iive.com)
2 attachments
You have been invited to our Ampac {nterviev^ing Fair:
DATE: Friday, Sept. 9*^
TIME: 9:00am
LOCATION: National University, 9320 Tsch Center Drive, Sacramento, CA 95S26
Please bring a copy of yourresutne. It is a good idea to reviev\^ our website prior to your intervievt/ so yoii
are familiar with what ws do. We are expecting a large number of applicants, so we will be interviewing
people in the order they sign in. Please be prepared to \,vait.
Attached is a job description. Please let me know if you have any questions.
Thank you,
j^atlicn'ne Malberg
"HunTaTTReso-arcss'Dept:
Ampac Fine Chemicals
Rancho Cordo\Q, CA
916-357-6282-phone
916-353-3524-fax
katherin6.ma!bsra©apfc.com
httpy/5nL16w.sntll6.m3il.li\re.com/rnail/P(intIvle55aces.2spx?cpids=21ec792...Q2264a Pag»lof2
WirtdcvJi'Uvi Hotmaii Print (vlessagi; 9/G/ll 7:53 AM
wv/^.amDacfinechemicais.com
WARNING. This e-maii, including attachments, may contain confidential, legally privileged, or trade secret
information. The information is intended only for use by the recipient (individual or entity) named above, We do
not waive confidentiality by any transmission in error. If you are not the intended addressee (or authorized to
receive for the addressee), any disclosure, copying, distribution or use of this information is strictly prohibited. If
you have received this electronic transmission in error, please immediately notify the sender by replying to this
email or by telephone, and permanently delete this message. This communication may also contain technical
data subject to the International Traffic in Arms Regulation export restrictions which prohibit dissemination to
foreign persons, in the U.S. or abroad.
http-y/snll6v.^sntll6JTl^i.^liv^.com/mari/Pri^tMe5sage5.^spx?cpids=21sc792...022MclS44 Page 2 o(2
044
.-.-:.ii-r Katherine Maiberg (kathenne.malberg,@apfc.com).
:;o?nt Mon 9/12/11 4:13 PM
T::;. • I02an0_59@live.com (iozano_59@live.com)
Hi N'i^k,
We wotffd l-i-lfe to i'rTvrte yotf back for a secorrd i'nten/rew on= 9'/15 at l:t)Opm. It wi-ti be hel-d at the Aerojet
Visi'ti>!? Cof>tFol Cervter Icvcated Gft the Aerojet properliy.
Aera/et
Hwy 50 and Aerojet Rd.
Rancho Cordova, CA 95741
Please let me knowif you will be able to make it and if you need further help with directions.
Thank you,
j
Date: Mon, 12 Sep 2011 23:13:05
To:
Subject: Ampac 2nd i n t e r v i e w r e q u e s t f o r 9/15
Ki Nick,
Ws would l i k e t o i n v i t e you back f o r a second i n t e r v i e w on 9/15•at--l:00pm. I t -
v.'ill be h e l d a t the A e r o j e t V i s i t o r C o n t r o l Ceriter l o c a t e d on the A e r o j e t
property.
i116w.snt'l16.maIl.llve.com/maii/PrintlWessagcs.aspx?cpids=74cc7eb5-e302-11e(3-aS6c-0021Sad!i8c... 1/2
047
Ampac Fine Chemicals
Human Resources Dept.
916-357-5282-phone
916-353-3524-fax
katherine.malberaiSaBfe.Gom
www.amDacfinechemicais.com
VA/ARNING. This e-mail, including attachments,.may contain confidentiaJ, legally privileged, or trade secret
inform.ation. The information is intended only for use by the recipient (individual or entity) named above. We
do not waive confidentiality by any transmission in error. If you are not the intended addressee (or
autiiorized to receive for the addressee), any disclosure, copying, distribution or use of this information is
strictly prohibited. If you have received this electronic transmission I'n error, please immediately notify the
sender by replying to this email or by telephone, and permanently delete this message. This communication
may also contain technical data subject to the Lnternational Traffic Ln Arms Regulation export restrictions
which prohibit dissemination to foreign persons, in the U.S. or abroad.
ni'f6v/.snU16.maiT.I)VB.comfrnai!/PrintMessa9es.aspx?cpids=ab36d3T7-e3bW1e0-972S-Q0237de4a6.. 2/2
048
049
Offer
'•l o.'.'v Katherine Malberg (katherine.malberg@apfc.com)
•kint: Tue 9/20/11 11:30 AM
ro: Nick Lozano (lozano_69@live.com)
Hi Nick,
We would like to proceed with an ofer of employment for an Operations Technician I position. Below are the
details.
Pay rate break down:
18. 75 an hour base rate
1.00 an hour more for a continuous work week
1.00 an hour more for swing shift
1.50 an hour more for gra^.'Byard shift
.20 increase every eight weeks
- 90 day probationary period
-- You will be on the day shift for 3-4 weeks before con\firting to an off shift (7am to 3:30pm is the day shift)
- Tentative start date: Monday, Oct. 10th
- Passing of pre-employment physical, dmg screen and PFT (respirator) required for hire
~ At least tv/o professional references are required
- A New Hire packet with papenwork and instmctions will be fed-exed out today or tomorrow
Please let me know if you have any questions -
ivatticrinc Maibers;
!nl16w.snl116.mBil.Iive.com/mail/Prin(l'j(essagss.aspx7c.Dids=abS6d377-e3b6-11e0-S729-a0237d94a6... 1/2
050
051
Katherine Malberg (katherine.malbergtaapfc.com)
Thu 10/06/11 3:46 PM
Nick Lozano (tozano_69@iive.com)
Hi Nick,.
Before we can have you start vyith Ampac, we will need a note from your doctor determining where
you are in your transition. We will also need to know legally whether you are male or female. On your
emiployment application, you indicated "male". Please note that we are not rescinding our offer at this
time. However your start date may be delayed until we can get the proper documentation.
Thank you,
Kat
K.^thennc Malberg
Human Resources Dept.
Am.pac Fine Chemicals
Rancho Cordovs, CA
916-357-6282 - phone
916-353-3524-fex
katherine.maiberGjS^aofc^.CQm
.wvM'.smpaC)inechamic3!.s...c.am
Vi/ARNING. This e-mail, including attachments, may contain confidential, legally privileged, or trade secret
..infor-matiori,-T:he-TnforrriEti.onJs4ntended;a*i!yior-Use..by4he.i-ecipient.(indi
do not waive confidentiality by any transmission in error. If you are not the intended addressee (or
authorized to receive for the addressee), any disclosure, copying, distribution or use of this information is
strictly prohibited. If you have received this electronic transmission in error, please immediately notify the
sender by replying to this email or by telephone, and permanently delete this message. This communication
may also contain technical data subjectto the International Traffic in AriTis Regulation e>;port restrictions
which prohibit dissemination to foreign persons, in the U.S. or abroad.
052
1
053
Katherine Malberoj^^^
From: Nick Lozano iive.com>
Sent Friday, .October 14, 2011 5:28 PM
To: Katherine Malberg
Subject; Atnpac
Kat-
I was toid to keep intouchwith HR, I was not told anyone else t:o speak to so I am assuming I am. to speak to you. I am
not entirely sure wt-i3t is going on, so if you could update me and keep me posted, I would appreciate it thank you. Also,
I was told November would be my r\ew hire date, is there any way you could teli me more of an actual iJate? ! did quit
my other job when I was offered the position with Ampac, and this delay has put me in a financial strain. 1 would just like
to have a better idea so 1 can plan accordingly with my bills.
Thank you,
Nick Lozano i
054
11
055
Katherme Maifberg
From: Nick Lozano
Sent: Monday, October 17, 2011 2:42 PM
To: Catherine Malberg
Subject Re: Ampac
Follow Up Flag; Follow up
Flag Status: Flagged
Hey Kat,
Thanks forgetting back to me, can I ask what the legal department is trying, to figure out?
Sent BlackBerry by AT&T
Original Message
From: Katherine Malberg
Date: Mon, 17 Oct 2011 20:53:25
To;
Sitbject: RE; Am pat
Hi Nick,
We siill haven't heard anything from our (egal dept. The next set of Operators are due to start on Monday, 11 /7.
Hopefully we will hear something this week.
Thank you for your patience,
Kai
Katherine Malberg
Human Resources Dept.
Ampac Fine Chemicals i
Rancho Cordova, CA
916-357-6282 - phone
915-353-3524-fax
katherine.malberRta'apfccom
www.amDacfinecheinicals.coin
From: Nick Lozano [mai!to:IOtano_59(S)|ive.com!
Sent: Friday, October 14, 2011 6:28 PM
To: Katherine Malberg
Subject: Ampac
KDt-
056
I v.fa5 told to keep in touch with HR, 1 was not tolci anyone else to speak to so I am assuming I am to speak to you. I am
not entirely sure what is going on, so if you could update me and keep me posted, I would appreciate ic thank you. Aiso,
I was told November would be my new hire date, is there any way you could tell me more of an actual date? I did quit
my otlier job when I was offered the position with Ampac, and this delay has put mt in a financial strain. I would just like
to have a better idea so I can plan accordingly with my bills.
Thank you,
Nick Lozano WARNING. Tnis e-mail, including attachments, may contain confidential, legally privileged, or trade secret
inforinat:ion. The information is intended only for use by t:he recipient (individual or entity) named above. We do not
waive coni'identiality by any transmission in error, (f you are not the intended addressee (or authorized to receive for the
addressee), any disclosure, copying, distribution or use of this information is strictly prohibited. If you have received this
electronic transmission in error, please immediately notify the sender by replying to this email or by telephone, and
permanently delete this message. This communication may also contain technical data subject to the International
Traffic in Arms Regulation export restrictions which prohibit disssmsnation to foreign persons, in the U.S. or abroad.
057
058
11.
Katherine Malben
From: Nick Lozano
Sent: Monday, October 31, 20119:05 AM
To: Katherine Malberg
Subject: AMPAC Employment
Katherine,
I am writting to see if/what progress has been made. I am a littte concerned that no one has contaaed me, and informed
me on what is going on. I have asked what exactly it is that the legal department is reserching, and I have had no
response, November 7th is next monday a.nd I would anticipate being employed by AMPAC on this date. Please contact
me as soon as you possibly can. Thank you, have a wonderful day.
Thanks,
Nick Lozano
916 934 8064
059
060
AMPAC" e^hdoif^ £
FINE CHEMICALS :
November 15, 2011
Nick Lozano
2569 Butano Drive
Sacramento, CA 95821
.Dear Nick,
This letter is to notify you that we have not heard from you since November 7^^, 2011.
During our phone conversation on 11/7/11, you asked for twenty four hours to think about
our job offer to join our Company as an Operations Technician. If you are no longer
interestL'ti in pursuing this opportunity, please sign the bottom of this letter as
acknowledgement antj fax back to 916-353-3S24. If you do not respond within ten
business days from the date on this letter, we will assume that you are no longer interested
in this opporttinity.
Thank you,
AFC Human Resources
I, Nick Lozano, am no longer interested in the Operations Technician position that Ampac
Fine Chemicals has offered to me:
Signature Date_
AMPAC FINE CHEMICALS
P.O. Boy 1718, MS 1007 « Rar.cho Cordova, CA, USA 957'ii--i7l8
Tel (800) 311-96oe « ra*:+i (9-i5) ma:,H3
vviww .am pacfi nisc! vjiivcals .cot ii
061
062
Katherme iVialberc
From: Nick Lozano
Sent: Monday, November 28, 2011 10:45 AM
To: Katherine Malberg
Subject; Employment
Katherine,
I am writing to Inform you that I have decided not to accept the position at AMPAC. After the delay with origmal
employment start dale because of my "transgender" status, and then offering me a position after i ami "fully"
transitioned, I no longer feel comfortable in an environment like that. The discrimination I have dealt with since this has
occurred has made me Feet very uncomfortable and not safe working there.
Thank you,
Nick Lozano
063
064
Nick Lozano
2 5 5 9 B u t a n o Dr, S a c r a m e n t o CA 9 5 8 2 1
(916)534-8064
l o z a n o 69(Si8ive.com
CERTiFlCATIONS AND COURSE COMPLETIONS
. Csrtlfieti z m -I CDF Advanceo Frrenghtsr :
Ambulance Driver Ucense 5-190 Wildland Fire Behavior
. CPft-AED S-I30 Fire Control Technician
. vtazardous Materials First Responder Operational S-tlt> Firefighter Survival
. Confined Space Awareness 5-212 Chaiosaw Operations
Emergency Response to Terrorism Incident; Comrr.ana Courses - (MOO, I-20D)
. Auto e>:trication CommBJid lA and IB
. Cotifo.''ni3 state Fire l^a.i-shal Firsfighter 1 P.-evsntion lA
. CDF Firefighter 67-Hour Training Fire Instructor lA
Ef^.oLOYMENT
Olson Fencing, Ei Oorsoo Councy, CA 10/10 -Current
Foreman
As the foreman of the corrvpanv t assist with hiring employees, creat-e work schedules, I am responsib'e to make sure lhar jobs
are all running according to schedule, and that all materials have been delivered and accounted for. I am also respot^sible to
make sure that the employees are working in a safe manner, an:i that they are all staying adequately hydrated. I aiso en/orce
safety procedures and ensure that: they are being fo'.iowed. My duties also Include rrtaintaining contact i>etwecn the home owner
and Ihf. crevw to ensvire thai th« home ov/ner's needs are being satisfied. When job is complete, 1 do a Rnal WRIK through w(ith
ihe crgw to make sure that all the equipment and scraps have been accounted for. Then ! do a final walk through with the home
Dwnfir to make absolute sure that they are cornpleteiy satisfied with the wt>rli perftirmed.
CAL FIRE, An-.ador/ B Dorado Uni-., CA 06/01-11/09
Fire Fighter/SMT
As a firefighter for the state of California 1 actively participate in the suppression of rural, wild land, and structural fires. Being
pari of a firefighting crew i am responsible for fighting fires, repairing and maintaining all equlprrienl, assisting with gonerai
station housekeeping, antS responding Lo all emergency situations. The department and all personnel actively participate in fire
• prevention aci:iviiiss such defensible space for homes, and public education and awareness for early recognition of emergency
situations. As the senior firefighter on the engine I had the responsitiility of directing my crew members in the absence of my
Engineer or Captain on the scene of emergencies, and in normal station duties and training.
Priority One Medical Transport. Sacramento, CA 01/05-06/OS
BMT
Provide basic emergency services before and during transportation to a hospital, and assist the parameoic with ALS procedures.
I gained a varie.';y of experience being involved in a wide range of emergency situations, Including aulo accidents; prompt
medical care,'patient stabilization, and transportation to hospitals. I also wo.'-ked on a PICU/NICU CCT Unit, and an Ai.S
Transporting Unit. As an £MT I also ensured that the ambulance and equipment was stocked and prepared for calls.
Brinks Armored Trucks, Sacramento, CA 10/0';-04/0!i
Armed Guard
ks a driver for Brinks, I was responsible for the daily operation of the armored vshicie, as well as the safe handling ot issued
firearms, i vvas also responsicle for the safe and timely delivery of she cargo that was being transported.
VOLUrjTEER
El Dorado County Fire, Placerville, CA 08,'99 - 05./Q0
Volunteer Firefigtiter-EMT
Lieutsnant Secretary- E) Dorado County Fire Explorers my responsibilities included attend and participate in all training sessions,
organize training activities, fund raisers, and public information booths and first aid booths for the
Preview
1 JON M. ICHINAGA (#137290) Chief Counsel 2 NELSON CHAN (#109272) Associate Chief Counsel ^HLpTEN 3 ROYA S. LADAN (#287161) Staff Counsel 4 DEPARTMENT OF FAIR EMPLOYMENT JUL - ( 2 0 } ^ AND HOUSING 5 2218 Kausen Drive, Suite 100 Elk Grove, CA 95758 By: A. yfji5HY AUSTIN ADAMS SCHOENFELD LLP 9 10 By:. • c..::: - 11 DENNIS R. MURPHY ' AARON B. SILVA 12 Attomevs for Defendant AMERICAN PACIFIC C0RP0R.AT10N. a Nevada 13 Corporation, dba AMPAC FIN^E C H E M 1 ( : A L S 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 3996.002-ISI 7245.1 VERIFIED SECOND AMENDED ANSWER BY DEFEND.ANT TO CO.MPLAINT 016 1 VERIFICATION 2 I, Chris Kovach, declare: I am Human Resources Director of AMERICAN PACIFIC CORPOR.ATION, a Nevada 4 Corporation, dba, AMP.AC FINE CHEMICALS, a corporafion organized and exisfing under die 5 laws of California, which is the Defendant in the above-entitled action, and I have been 6 authorized to make this verificafion on its behalf 7 I have read the foregoing DEFENDANT AMERICAN PACIFIC CORPOR^ATION, DBA 8 AMPAC FIN^E CHEMICALS VERIFIED SECOND AMENDED ANSWER TO COMPLAINT 9 on file herein and know the contents thereof The statements are true of my own knowledge, 10 except as to those matters stated on information and belief, and, as to those matters, I am 11 informed and believe that they are true. 12 I declare under penalt}' of perjur}' under the laws of the State of California that the 13 foregoing is true and correct. < t 2 C 14 Executed at Rancho Cordova, California on February . 2015. 15 rn 16 CHRIS KOVACH 17 18 19' 20 21 22 23 24 25 26 27 28 VERIFIED ANSWER BY DEFENDANT TO COMPL.AINT 017 PROOF OF SERVICE Re: Department of Fair Employment and Housing, etc. v. American Pacific Corporation, etc. . Sacramento County Superior Court Case No. 34-2013-00151153 1, Lu Ann Leger, declare: 4 1 am a citizen ofthe United States and employed in the County of Sacramento, Califomia. i am over the age of eighteen (18) vears and not a party to the within action. My business address 5 is 304 "S" Street, Sacramento, California 95811-6906. 6 I am familiar with the business pracfice at my place of business for collecfion and processing of correspondence for mailing with the United Slates Postal Sen'ice. Correspondence 7 so collected and processed would be deposited with the United States Postal Service that same day in the ordinary course of business. 8 On Februar}' 20, 2015,1 served the following document(s) described as: 9 DEFENDANT AMERICAN PACIFIC CORPORATION, DBA A.WAC FINE 10 CHEMICALS VERIFIED SECOND .^LMENDED TO COMPLAINT 11 by placing a true copy thereof in a sealed envelope with first-class postage thereon 12 fully prepaid, in the United States Postal Service Mail at Sacramento, Califomia addressed as set forth below. 13 I [ by causing a true copy thereof to be personally delivered to the person(s) at the c 14 address(es) set forth below. 95 f E&H Automotod Dept. Fair Empl. & Hous. v. American Pacific Corp., et. al. (Lozano) r)FF.H'.<; First Rr.niif.st f n r AHmi.<:«irvne TI2T 1 REOUEST NO. 5: 2 You are requested to admit that Katherine Malberg is an employee of AMPAC Fine 3 Chemicals who uses the email address Katherine.Malberg@apfc.com. 4 REOUEST NO. 6: 5 You are requested to admit that the following described document, which was included 6 in AMPAC's response to the DFEH complaint as Exhibit A, a copy of which is attached, is a 7 true, accurate and complete duplicate copy of the original: Email sent to 8 Katherine.Malberg@apfc.com on September 5, 2011,fi-omNick Lozano, Lozano_69@hve.com, 9 incorporated herein by reference as Exhibit 4 (1 p.). 10 REQUEST NO. 7: 11 You are requested to admit that the following described document, a copy of which is 12 attached, is a true, accurate and complete duplicate copy of the original: Email sent fi-om 13 Katherine.Malberg@apfc.cora on September 6, 2011, to Nick Lozano, Lozano_69@live.com, 14 incorporated herein by reference as Exhibit 5 (2 pp.). 15 REQUEST NO. 8: 16 You are requested to admittiiatthe following described document, a copy of which is 17 attached, is a true, accurate and complete duplicate copy of the original: Email sent from 18 Katherine.Malberg@apfc.corii on September 12, 2011, to Nick Lozano, Lozano_69@live.com, 19 incorporated herein hy reference as Exhibit 6 (1 p.). 20 REQUEST NO. 9: 21 You are requested to admit that the following described document, a copy of which is 22 attached, is a true, accurate and complete dupficate copy of the original: Email sent from 23 Katherine.Malberg@apfc.coni on September 19, 2011, to Nick Lozano, Lozano_69@live.com, 24 incorporated herein by reference as Exhibit 7 (2 pp.). 25 REQUEST NO. 10: 26 You are requested to admit that the foUov\'ing described document, a. copy of which is 27 attached, is a true, accurate and complete duplicate copy of the original: Email sent fi-oni COURT PAPER St.-ite of CnlifornlA Sid. 113 Ruv. 3-9;; FE&H Automated -3- Dept. Fair Empl. & Hous. v. .American Pacific Corp., et. al. (Lozano) TJ22- 1 Katherine.Malberg@apfc.com on September 20, 2011, to Nick Lozano, Lozano_69@live.com, 2 incorporated herein by reference as Exhibit 8 (1 p.). 3 REOUEST NO. 11: ' 4 You are requested to admit that the following described document, a copy of which is 5 attached, is a true, accurate and complete duplicate copy of the original: Email sent fi-om 6 Katherine.Malberg@apfc.com on October 6, 2011, to Nick Lozano, Lozano_69@live.coni, 7 incoiporated herein by reference as Exhibit 9 (1 p.). 8 REQUEST NO. 12: 9 You are requested to admit that the following described document, which was included 10 in AMPAC's response to tiie DFEH complaint as Exhibit B, a copy of which is attached, is a 11 true, accurate and complete duplicate copy of the original: Email sent to I 12 Katherine.Malberg@apfc.com on October 14, 2011,fi-omNick Lozano, Lozano_69@live.com, 13 incorporated herein by reference as Exhibit 10 (1 p.). 14 REQUEST NO. 13; 15 You are requested to admit that the following described document, which vvas included 16 in AMPAC's response to thelDFEH complaint as Exhibit C, a copy of which is attached, is a 17 true, accurate and complete duplicate copy ofthe original: Email sent fi-om 18 Katherine.Malberg@.apfc.coni on October 17, 2011, to Nick Lozano, Lozano_69@live.com, 19 incorporated herein by reference as Exhibit 11 (2 pp.). 20 REQUEST NO. 14: I 21 You are requested to admit that the following described document, which was included 22 in AMPAC's response to the DFEH complaint as Exhibit D, a copy of which is attached, is a 23 true, accurate and complete duplicate copy of the original: Email sent to 24 Katherine.MaIberg@apfc.com on October 31, 2011,fi-omNick Lozano, Lozano_69@live.com, 25 incoiporated herein by reference as Exhibit 12 (1 p.). 26 REOUEST NO. 15: 27 You are requested to admit that the following described document, which was included COURT PAPER Stalo ot California Std. 113 RflV. 3-95 FE£H Automated -4- Dept. Fair Empl. <& Hous. v. American Pacific Corp., et. al. (Lozano) tI23- 1 in AMPAC's response to the DFEH complaint as Exhibit E, a copy of w4iich is attached, is a 2 true, accurate and complete duplicate copy ofthe original: Letterfi-omAMPAC to Nick Lozano 3 on November 15, 2011, incorporated herein by reference as Exhibit 13 (1 p.). 4 REOUEST NO. 16: 5 You are requested to admit that the following described document, which was included 6 in AMPAC's response to the DFEH complaint as Exhibit F, a copy of which is attached, is a 7 true, accurate and complete duplicate copy of die original: Email sent to 8 Katherine.Malberg@.apfc.com on November 28, 2011, from Nick Lozano, 9 Lozano_69@live.com, incorporated herein by reference as Exhibit 14 (1 p.). 10 REQUEST NO. 17: i 11 You are requested to admit that the following described document, which was mcluded 12 in AMPAC's response to the DFEH complaint as Exhibit G, a copy of which is at1:ached, is a 13 true, accurate and complete duplicate copy of the original: Resume of Real Paity in Interest, 14 Nick Lozano, incorporated herein by reference as Exhibit 15 (1 p.). 15 REQUEST NO. 18: 16 You are requested to admit that the following described document, which was included 17 in AMPAC's response to the DFEH complaint as Exhibit I, a copy of which is attached, is a true, 18 accurate and complete duplicate copy ofthe original: Applicant Screening Report for Real Party 19 in Interest, Nick Lozano, incorporated herein by reference as Exhibit 16 (9 pp.). 20 REQUEST NO. 19: 21 You ai-e requested to admit that AMP.AC discovered firom the Applicant Screening 22 Report for Real Party in Interest, Nick Lozano, attached hereto as Exhibit 16, that Real Party in 23 Interest, Nick Lozano was born female, going by the names Nicke and Nicole. 24 REQUEST NO. 20: ! 25 You are requested to admit that tlie following described document, which was included 26 27 / • in AMPAC's response to fhe DFEH complaint as Exhibit J, a copy of wliich is attached, is a true, COURT PAPER Stat« of California Std. 113 Rov. 3-05 FE&M Automatod Dept. Fail'Empl <&FIoiis. v. American Pacifc Corp., et. al. (Lozano) 024 DFEH's First Reciuesi for Admissions 1 accurate and complete duplicate copy of the original: Identification Informafion & Criminal 2 History Disclosure for Real Party in Interest, Nick Lozano, incorporated herein by reference as 3 Exhibit 17 (2 pp.). 4 DATED: May 29, 2014 DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING 5 JON M. ICHINAGA 6 Chief Counsel 7 ROYA S. LADAN Staff Counsel 8 9 By: A 10 Roya Ladan Attomeys for the DFEH 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COURT PAPER Stnto of Catlforn'M Sid. 113 Rev. 3.»5 FE&H Aiitom«tfld Dept. Fair Empl. & Hous. v. American Pacific Corp., et. al. (Lozano) DFF.H'.s Firsr Rp,niie.<;f fr>r AHmis.sinns 'UZ5' 026 ?^l^.b,t "fl" FOR OFFICE USE ONLY LAST NAfifiE FIRST NAME tNlTIAL O Ampac Fine Chemicals LLC AWIPAC FINE CHEMICALS LLC IS AN AFFIRMATIVE ACTION EMPLOYER I It is ihe fundamental poficy of Ampac Fine Chemicals LLC io prohibit unlawful discrimination againsf qualified I I employees and applicants for employment based on race, color, national origin, religion, age, disability, sex, \ ' veteran status, or any other factor prohibited by law, I 027 PLEASE PRINT (N WK OR TYPE LAST NAME FIRST MID01.E SOCIA!. SECURITY NUMBER STREET ADDRESS CITY STATE ZIP TELEPHONE NUMBER AREYOUOUER U.S. MILITARY SERVICE • YES 0 ^ 0 AO!; IfiT BRANCH: AliqpflrTiployfncni aKor. ccn you prftiem prool ol yDur {ogal ngrf lo MWK n Ihn united Siaies^ S'YE.S • KO RAMK. • 3 YES • NO REGULAR • RESERVS• HAVE YOU EVER WORKED FOR AMPAC FW5 CHEMICALS OR AMY AFFILIATED COMPANY? NA}AS& OF RELATIVES WORKING FDR AMPAC FINE CHEMICALS OR ANY AFi^lUIATED COMPANY: • YES iS^O IF YES, Gtve LOCATlONfSi A^4D DATE(S). GIVE LOCATION; HAVE YOU PREViDUSl.V APPLIED TO THS COMPANY? • YES E^'O Ir YES CIVS DATEISI, PLEASE INDICATE SOURCE OF REFEHftAL • EMPLOYEE • ADVERTIESMENT • CONTACTED AEROJET ON OWN • PRIVATE AGENCY • COLLEGE • STATE AGENCY D JOa FAIR Q - ^ OTHER LIST "IHE JOB FDR WHICH YOU ARE APPLYING C W e S - ^ . ^ CJOVL- • TYPE OF EMPLOYWSNT DESIRED S^FVIIL-TIME • PART-TIME • SUMMER • CO-OP EDUCATION (CIRCLE HIGHEST LEVEL COWPLETEO) HIGHBCHOQl. NAHeANO LOCATION OF LAST HIGH SCHOOL _ COLLEGE 1 <5^3 » S 13 7 a C O L L E G E S AiTTENDEO (ALL DEGREES IAALL BE VERIFIED-YOU MUST PROVIDE OFFICIAL tiwcscfiiPTs IF COLLEOE IS UNABLS TO VERIFY i COMPLETED CLASSROOM NAME AND LOCATICN OF COLLHGC OR UNIVERSITY jCily. Sum, MAJOR (.MINOR UNITS GPA TYPE OF DEGREE YEAH SEMESTER Q'J.f.HTER 1 O T H E R S C H O O L S AND T R A I N I N G oFHiRfiO. TRANSCRIPTS MAY BE REOueaTED FOR ALL COURSE WORK CLAIMED OK APPLICATION WHERE DEGREE WAS NOT AWAROED.I NAME AND LOSAriON (City. Slalo, Elol | COURSES CeRTIFCATES EAH«EU/YEAR LENGTH OF COURSE 1 1 PROFESSIONAL REFERENCES (PROVIDE NAC/ES OF THREE SUPERVISORSAIANACERS WE MAY CONTACT WHO HAVE KNOWIEDGE OF YOUR //ORK/ EDJCATlONAi BACKGROUND,) NAME ANDlnLf. CO, NAt/E. ADDRESS, CITY, STATE. 2IP CONTACT PHONE WORK 1 ) HOI/lII WORK ('^fz-'^'''^ ^^--^"^ S - ^ i s ItOME WORK HOME Applicants selected will have access to information that is subject: to UiS. export control laws and regulations and must meet eligibility roquirements for access lo eKport-controlled information. SECURITY INFORfWATION HAVE YOU BEEN COf.(VICTED DF A CRIMINAL CFFEMSE7 O YES 0 ^ 0 IF YES, PLEASE EXPLAIN, NOTE. A CONVICTION WU. NOT NECESSARILY DISQUALIFY AN APPICA.-JT FROM Et.«PLOYMEWT, 0 0 NOT AWSWER "YES- OK PROVIDE ANl' IMI^OHMATION RECARDIN'G ANY ARRRST OR DETENTION VVH'.CH DID NOT RESULT IN A COffVlCTlON; AMY C0NV1CTK3N FOR WHICH TKE RECORD HAS BEEN JUDICIALLY ORDERED SBALED. EXPUNGED OR STATUTORILY ERADICATED, ANY PARTICIPATION IN A FRETRiAL OR POST.TRjyL DIVERSION PROGRAM WHlC-l HAS BEEN SLiCC£ESFULLY CQWP-.-ETEO; ANY MlSDE,n.M£ANOR CONVICTION I'OR WHiai PROBATION HAS BEEN 6UCCEB3FUU.Y CO^^PLE^ED OH OTHERWISE DISCHARGED AND THE CASE HAS BEEN JUDICIALLY DISMISSED; ANY CONVICTION FOR WIICH A .'•'ULL PAROOli l-LAS BEEN GRANT:ED. OR ANY (HARIJUAMA-RELATEO MISOEAMSAJJOR CONVICTION OCCURRING MORE THAN 1V/0 YEARS AGO, 028 I EMPLOYMENT HISTORY A RSSUM3 WILL MOT BE ACCEPTED AS A SUBSTrTLTE FOFi A COMPLETED .APPLICATO-l THIS ENTIRE SECTION MUST BE COMPLETED, LIST ALL PERIODS OF EMPLOYMENT AND J OR UNEMPLOYMENT SINCE YOUR FIRST REGULAR FULL-TIME JOB IN REVERSE ORDER BEGINNING WITH YOUR MOST R6C6NT EXPEaiENCE. • CURRENT EARNINGS WILL BE VERIFIED BY PAYCHECK STUB OR OTHER OFFICIAL OOCUMENTATIOK, DATE STARTED (MO t Y R ! DATE ENDED (MO & VRl COMPANY NA;.(E BAiJE PAY RATE ONLY- io/i o C.ui-r!riZ£i>->"T 0<-S.o»-J f^etJc-f^d START % 1 -^fr^i— END Hd JOB Til LE COMPANY ADDRESS. CITY, STATE, ZIP OTHER COMPENSATION OATE AND AMOUNT (BONUS. OVERTIME. ETC.l OF UST INCRSASe Cl)T!E\. DAI'S STARTED (MO t YR) PATE ENDED (VO i YR] COMPANY NA«E BASE PAY RAT£ ONLY- (PL« ( START^' •l.l.al'./t-MXJnM.ENrig ' S I O I /N-ikl'TK JOB T H L E COMPANY AODRcSE, CITY. STATE. ZIP OTHER COMPENSATION (BONUS. OVERTiNlE. H C ) Wi/ A, OUTESANORESPONSlOlL-.TlES-rOUflESMAYSEeLAHORATepONAauPPLEWENTALSHSET,) (B^ FULL-TIME 0 PAST-TIME C TEMPORARY SUPERVISOR'S NAME AND TITLE j PHONE NUMBER EXPLAIN" REASON FOR LEAVING (OR SEEKING OTHER EMPLOYMENT); DATE STARTED (MO 6 YR) DA1"EENCSD (MO&YR) COMPANY fJAME BASE PAY RATEONLV OS j OLt-} START a ' 5 . - S = ' / END?i *& -C^CJI U r u JOB TITLE COMPANY ADDRESS. CITY. STATE. ZIP _ c- CIHER COMPENSATION' (BONUS. 0\'ERT(ME. £TC 1 rV— DUTIES AND neSPONSISrullES (DU'IIES MAY BE ELADQRATEDON ASUPPLGMCHTAL SHEE*.) ST FULL-TIME • PART-TIME D lEt/.PORARV SUPERVISOR'S NAME AND TITLE PHONE NUMBER i EiXPLAlN REASON FOR LEAVING (OR SEEKING OTHER EWPLOVtiiENT )• D.ATE STARIEOfMOS YR) DATE ENDSO (MO f. YR) COMPANY NAME BASE PAY RATH ONLY' t L3/ O i f S1A-:JT? \ L . - l ^ / END^ \ < . . " \ & ( v « > . _ JOB riTLE COMPANY ADDRESS. CITY, STATE ZIP OTHER'COt/PENSATION (BONUS, OVERTIME. ETC ) DUTIES AND RESPONSIEILiriES (DUTIES MAY SEELABORATElj ON A SUPPLe(.(ENTAL SHEET,) O^FULL-UME D PART-TME D TEMPORARY. ^tC. O f=»£lv2,''^ "1-" ** OP" "T-i C 5 C-S.-T". <-i OI~^ SUPERVISOR'S NAME AWD TITLE [ PHONE NUMBEB EXPLAIN REASON FOR LCAV.NG (OR SEEKII^G OTHER EMPLOYWENl ) 1 Riiti ADDITIONAL WORK EXPERIENCE DATES BASE PAY RATE (MONTH - YEAR) CSMPAMY NAME AMD AOOREBS JOa TITLE SUPERVISOR'S NAME ONLY REASON FOR LEAVING CITY. STATE, ZIP FROM TO START ENO o L p / £.; C3£'r/a/L-CI2— F f i - L . T i ~.*cr J o s i.-i<-r — F=' 1 (3- Sent Ivlonday, September 05. 2011 "Ml pM To: Katherine Malberg Subject: Opperator Technician AtviPAC career opening Attachments: Nick fire fighter resume.doc; stevie letter of recommendation.docx To Whom II Way Concern: My name is Nick Lozano and 1 am writing to express my interest with the career opportunity as an Operator Technician with AMPAC. A close friend of mine lA'ho is an associate of PGS inform me that you would be hiring. You will see that my resume is mainly with the tire service; however, 1 lost my position due to the recent budget cuts. I have heard great things about working for AMPAC and I am very interested in the position. I am a -A'ell rounded individual who learns very quicl::)n;-: Katherine Malberg (katherine.malberg@apfc.com} S^rnr: Tue 9/05/11 1:59 PM 'cr Ioz3no_69@live.CQm (lo2ano_69@iive.com) 2 attachments You have been invited to our Ampac {nterviev^ing Fair: DATE: Friday, Sept. 9*^ TIME: 9:00am LOCATION: National University, 9320 Tsch Center Drive, Sacramento, CA 95S26 Please bring a copy of yourresutne. It is a good idea to reviev\^ our website prior to your intervievt/ so yoii are familiar with what ws do. We are expecting a large number of applicants, so we will be interviewing people in the order they sign in. Please be prepared to \,vait. Attached is a job description. Please let me know if you have any questions. Thank you, j^atlicn'ne Malberg "HunTaTTReso-arcss'Dept: Ampac Fine Chemicals Rancho Cordo\Q, CA 916-357-6282-phone 916-353-3524-fax katherin6.ma!bsra©apfc.com httpy/5nL16w.sntll6.m3il.li\re.com/rnail/P(intIvle55aces.2spx?cpids=21ec792...Q2264a Pag»lof2 WirtdcvJi'Uvi Hotmaii Print (vlessagi; 9/G/ll 7:53 AM wv/^.amDacfinechemicais.com WARNING. This e-maii, including attachments, may contain confidential, legally privileged, or trade secret information. The information is intended only for use by the recipient (individual or entity) named above, We do not waive confidentiality by any transmission in error. If you are not the intended addressee (or authorized to receive for the addressee), any disclosure, copying, distribution or use of this information is strictly prohibited. If you have received this electronic transmission in error, please immediately notify the sender by replying to this email or by telephone, and permanently delete this message. This communication may also contain technical data subject to the International Traffic in Arms Regulation export restrictions which prohibit dissemination to foreign persons, in the U.S. or abroad. http-y/snll6v.^sntll6JTl^i.^liv^.com/mari/Pri^tMe5sage5.^spx?cpids=21sc792...022MclS44 Page 2 o(2 044 .-.-:.ii-r Katherine Maiberg (kathenne.malberg,@apfc.com). :;o?nt Mon 9/12/11 4:13 PM T::;. • I02an0_59@live.com (iozano_59@live.com) Hi N'i^k, We wotffd l-i-lfe to i'rTvrte yotf back for a secorrd i'nten/rew on= 9'/15 at l:t)Opm. It wi-ti be hel-d at the Aerojet Visi'ti>!? Cof>tFol Cervter Icvcated Gft the Aerojet properliy. Aera/et Hwy 50 and Aerojet Rd. Rancho Cordova, CA 95741 Please let me knowif you will be able to make it and if you need further help with directions. Thank you, j Date: Mon, 12 Sep 2011 23:13:05 To: Subject: Ampac 2nd i n t e r v i e w r e q u e s t f o r 9/15 Ki Nick, Ws would l i k e t o i n v i t e you back f o r a second i n t e r v i e w on 9/15•at--l:00pm. I t - v.'ill be h e l d a t the A e r o j e t V i s i t o r C o n t r o l Ceriter l o c a t e d on the A e r o j e t property. i116w.snt'l16.maIl.llve.com/maii/PrintlWessagcs.aspx?cpids=74cc7eb5-e302-11e(3-aS6c-0021Sad!i8c... 1/2 047 Ampac Fine Chemicals Human Resources Dept. 916-357-5282-phone 916-353-3524-fax katherine.malberaiSaBfe.Gom www.amDacfinechemicais.com VA/ARNING. This e-mail, including attachments,.may contain confidentiaJ, legally privileged, or trade secret inform.ation. The information is intended only for use by the recipient (individual or entity) named above. We do not waive confidentiality by any transmission in error. If you are not the intended addressee (or autiiorized to receive for the addressee), any disclosure, copying, distribution or use of this information is strictly prohibited. If you have received this electronic transmission I'n error, please immediately notify the sender by replying to this email or by telephone, and permanently delete this message. This communication may also contain technical data subject to the Lnternational Traffic Ln Arms Regulation export restrictions which prohibit dissemination to foreign persons, in the U.S. or abroad. ni'f6v/.snU16.maiT.I)VB.comfrnai!/PrintMessa9es.aspx?cpids=ab36d3T7-e3bW1e0-972S-Q0237de4a6.. 2/2 048 049 Offer '•l o.'.'v Katherine Malberg (katherine.malberg@apfc.com) •kint: Tue 9/20/11 11:30 AM ro: Nick Lozano (lozano_69@live.com) Hi Nick, We would like to proceed with an ofer of employment for an Operations Technician I position. Below are the details. Pay rate break down: 18. 75 an hour base rate 1.00 an hour more for a continuous work week 1.00 an hour more for swing shift 1.50 an hour more for gra^.'Byard shift .20 increase every eight weeks - 90 day probationary period -- You will be on the day shift for 3-4 weeks before con\firting to an off shift (7am to 3:30pm is the day shift) - Tentative start date: Monday, Oct. 10th - Passing of pre-employment physical, dmg screen and PFT (respirator) required for hire ~ At least tv/o professional references are required - A New Hire packet with papenwork and instmctions will be fed-exed out today or tomorrow Please let me know if you have any questions - ivatticrinc Maibers; !nl16w.snl116.mBil.Iive.com/mail/Prin(l'j(essagss.aspx7c.Dids=abS6d377-e3b6-11e0-S729-a0237d94a6... 1/2 050 051 Katherine Malberg (katherine.malbergtaapfc.com) Thu 10/06/11 3:46 PM Nick Lozano (tozano_69@iive.com) Hi Nick,. Before we can have you start vyith Ampac, we will need a note from your doctor determining where you are in your transition. We will also need to know legally whether you are male or female. On your emiployment application, you indicated "male". Please note that we are not rescinding our offer at this time. However your start date may be delayed until we can get the proper documentation. Thank you, Kat K.^thennc Malberg Human Resources Dept. Am.pac Fine Chemicals Rancho Cordovs, CA 916-357-6282 - phone 916-353-3524-fex katherine.maiberGjS^aofc^.CQm .wvM'.smpaC)inechamic3!.s...c.am Vi/ARNING. This e-mail, including attachments, may contain confidential, legally privileged, or trade secret ..infor-matiori,-T:he-TnforrriEti.onJs4ntended;a*i!yior-Use..by4he.i-ecipient.(indi do not waive confidentiality by any transmission in error. If you are not the intended addressee (or authorized to receive for the addressee), any disclosure, copying, distribution or use of this information is strictly prohibited. If you have received this electronic transmission in error, please immediately notify the sender by replying to this email or by telephone, and permanently delete this message. This communication may also contain technical data subjectto the International Traffic in AriTis Regulation e>;port restrictions which prohibit dissemination to foreign persons, in the U.S. or abroad. 052 1 053 Katherine Malberoj^^^ From: Nick Lozano iive.com> Sent Friday, .October 14, 2011 5:28 PM To: Katherine Malberg Subject; Atnpac Kat- I was toid to keep intouchwith HR, I was not told anyone else t:o speak to so I am assuming I am. to speak to you. I am not entirely sure wt-i3t is going on, so if you could update me and keep me posted, I would appreciate it thank you. Also, I was told November would be my r\ew hire date, is there any way you could teli me more of an actual iJate? ! did quit my other job when I was offered the position with Ampac, and this delay has put me in a financial strain. 1 would just like to have a better idea so 1 can plan accordingly with my bills. Thank you, Nick Lozano i 054 11 055 Katherme Maifberg From: Nick Lozano Sent: Monday, October 17, 2011 2:42 PM To: Catherine Malberg Subject Re: Ampac Follow Up Flag; Follow up Flag Status: Flagged Hey Kat, Thanks forgetting back to me, can I ask what the legal department is trying, to figure out? Sent BlackBerry by AT&T Original Message From: Katherine Malberg Date: Mon, 17 Oct 2011 20:53:25 To; Sitbject: RE; Am pat Hi Nick, We siill haven't heard anything from our (egal dept. The next set of Operators are due to start on Monday, 11 /7. Hopefully we will hear something this week. Thank you for your patience, Kai Katherine Malberg Human Resources Dept. Ampac Fine Chemicals i Rancho Cordova, CA 916-357-6282 - phone 915-353-3524-fax katherine.malberRta'apfccom www.amDacfinecheinicals.coin From: Nick Lozano [mai!to:IOtano_59(S)|ive.com! Sent: Friday, October 14, 2011 6:28 PM To: Katherine Malberg Subject: Ampac KDt- 056 I v.fa5 told to keep in touch with HR, 1 was not tolci anyone else to speak to so I am assuming I am to speak to you. I am not entirely sure what is going on, so if you could update me and keep me posted, I would appreciate ic thank you. Aiso, I was told November would be my new hire date, is there any way you could tell me more of an actual date? I did quit my otlier job when I was offered the position with Ampac, and this delay has put mt in a financial strain. I would just like to have a better idea so I can plan accordingly with my bills. Thank you, Nick Lozano WARNING. Tnis e-mail, including attachments, may contain confidential, legally privileged, or trade secret inforinat:ion. The information is intended only for use by t:he recipient (individual or entity) named above. We do not waive coni'identiality by any transmission in error, (f you are not the intended addressee (or authorized to receive for the addressee), any disclosure, copying, distribution or use of this information is strictly prohibited. If you have received this electronic transmission in error, please immediately notify the sender by replying to this email or by telephone, and permanently delete this message. This communication may also contain technical data subject to the International Traffic in Arms Regulation export restrictions which prohibit disssmsnation to foreign persons, in the U.S. or abroad. 057 058 11. Katherine Malben From: Nick Lozano Sent: Monday, October 31, 20119:05 AM To: Katherine Malberg Subject: AMPAC Employment Katherine, I am writting to see if/what progress has been made. I am a littte concerned that no one has contaaed me, and informed me on what is going on. I have asked what exactly it is that the legal department is reserching, and I have had no response, November 7th is next monday a.nd I would anticipate being employed by AMPAC on this date. Please contact me as soon as you possibly can. Thank you, have a wonderful day. Thanks, Nick Lozano 916 934 8064 059 060 AMPAC" e^hdoif^ £ FINE CHEMICALS : November 15, 2011 Nick Lozano 2569 Butano Drive Sacramento, CA 95821 .Dear Nick, This letter is to notify you that we have not heard from you since November 7^^, 2011. During our phone conversation on 11/7/11, you asked for twenty four hours to think about our job offer to join our Company as an Operations Technician. If you are no longer interestL'ti in pursuing this opportunity, please sign the bottom of this letter as acknowledgement antj fax back to 916-353-3S24. If you do not respond within ten business days from the date on this letter, we will assume that you are no longer interested in this opporttinity. Thank you, AFC Human Resources I, Nick Lozano, am no longer interested in the Operations Technician position that Ampac Fine Chemicals has offered to me: Signature Date_ AMPAC FINE CHEMICALS P.O. Boy 1718, MS 1007 « Rar.cho Cordova, CA, USA 957'ii--i7l8 Tel (800) 311-96oe « ra*:+i (9-i5) ma:,H3 vviww .am pacfi nisc! vjiivcals .cot ii 061 062 Katherme iVialberc From: Nick Lozano Sent: Monday, November 28, 2011 10:45 AM To: Katherine Malberg Subject; Employment Katherine, I am writing to Inform you that I have decided not to accept the position at AMPAC. After the delay with origmal employment start dale because of my "transgender" status, and then offering me a position after i ami "fully" transitioned, I no longer feel comfortable in an environment like that. The discrimination I have dealt with since this has occurred has made me Feet very uncomfortable and not safe working there. Thank you, Nick Lozano 063 064 Nick Lozano 2 5 5 9 B u t a n o Dr, S a c r a m e n t o CA 9 5 8 2 1 (916)534-8064 l o z a n o 69(Si8ive.com CERTiFlCATIONS AND COURSE COMPLETIONS . Csrtlfieti z m -I CDF Advanceo Frrenghtsr : Ambulance Driver Ucense 5-190 Wildland Fire Behavior . CPft-AED S-I30 Fire Control Technician . vtazardous Materials First Responder Operational S-tlt> Firefighter Survival . Confined Space Awareness 5-212 Chaiosaw Operations Emergency Response to Terrorism Incident; Comrr.ana Courses - (MOO, I-20D) . Auto e>:trication CommBJid lA and IB . Cotifo.''ni3 state Fire l^a.i-shal Firsfighter 1 P.-evsntion lA . CDF Firefighter 67-Hour Training Fire Instructor lA Ef^.oLOYMENT Olson Fencing, Ei Oorsoo Councy, CA 10/10 -Current Foreman As the foreman of the corrvpanv t assist with hiring employees, creat-e work schedules, I am responsib'e to make sure lhar jobs are all running according to schedule, and that all materials have been delivered and accounted for. I am also respot^sible to make sure that the employees are working in a safe manner, an:i that they are all staying adequately hydrated. I aiso en/orce safety procedures and ensure that: they are being fo'.iowed. My duties also Include rrtaintaining contact i>etwecn the home owner and Ihf. crevw to ensvire thai th« home ov/ner's needs are being satisfied. When job is complete, 1 do a Rnal WRIK through w(ith ihe crgw to make sure that all the equipment and scraps have been accounted for. Then ! do a final walk through with the home Dwnfir to make absolute sure that they are cornpleteiy satisfied with the wt>rli perftirmed. CAL FIRE, An-.ador/ B Dorado Uni-., CA 06/01-11/09 Fire Fighter/SMT As a firefighter for the state of California 1 actively participate in the suppression of rural, wild land, and structural fires. Being pari of a firefighting crew i am responsible for fighting fires, repairing and maintaining all equlprrienl, assisting with gonerai station housekeeping, antS responding Lo all emergency situations. The department and all personnel actively participate in fire • prevention aci:iviiiss such defensible space for homes, and public education and awareness for early recognition of emergency situations. As the senior firefighter on the engine I had the responsitiility of directing my crew members in the absence of my Engineer or Captain on the scene of emergencies, and in normal station duties and training. Priority One Medical Transport. Sacramento, CA 01/05-06/OS BMT Provide basic emergency services before and during transportation to a hospital, and assist the parameoic with ALS procedures. I gained a varie.';y of experience being involved in a wide range of emergency situations, Including aulo accidents; prompt medical care,'patient stabilization, and transportation to hospitals. I also wo.'-ked on a PICU/NICU CCT Unit, and an Ai.S Transporting Unit. As an £MT I also ensured that the ambulance and equipment was stocked and prepared for calls. Brinks Armored Trucks, Sacramento, CA 10/0';-04/0!i Armed Guard ks a driver for Brinks, I was responsible for the daily operation of the armored vshicie, as well as the safe handling ot issued firearms, i vvas also responsicle for the safe and timely delivery of she cargo that was being transported. VOLUrjTEER El Dorado County Fire, Placerville, CA 08,'99 - 05./Q0 Volunteer Firefigtiter-EMT Lieutsnant Secretary- E) Dorado County Fire Explorers my responsibilities included attend and participate in all training sessions, organize training activities, fund raisers, and public information booths and first aid booths for the