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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

FORM 8-K

CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934

Date of Report (Date of earliest event reported): April 21, 2005

ABM Industries Incorporated

(Exact name of registrant as specified in its charter)
         
Delaware   1-8929   94-1369354
         
(State or other jurisdiction
of incorporation)
  (Commission File
Number)
  (IRS Employer
Identification No.)
     
160 Pacific Avenue, Suite 222, San Francisco,
California
  94111
     
(Address of principal executive offices)   (Zip Code)

Registrant’s telephone number, including area code (415) 733-4000

Not Applicable

(Former name or former address if changed since last report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

o  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o  Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 
 

 


 

Item 8.01      Other Events.

In September 1999, a former employee of a subsidiary of ABM Industries Incorporated (“ABM”) filed a gender discrimination lawsuit against ABM in the state of Washington. On May 19, 2003, a Washington state court jury for the Spokane County Superior Court, in the case named Forbes v. ABM, awarded $4.0 million in damages to the plaintiff. The court later awarded costs of $0.7 million to the plaintiff, pre-judgment interest in the amount of $0.3 million and an additional $0.8 million to mitigate the federal tax impact of the plaintiff’s award. ABM appealed the jury’s verdict and the award of costs to the State Court of Appeals. On April 21, 2005, the Washington Court of Appeals denied ABM’s appeal. ABM intends to appeal this ruling to the Washington State Supreme Court. ABM believes that the award against ABM was excessive and that the verdict was inconsistent with the law and the evidence. In the second quarter of 2005, ABM will record a charge of $6.3 million for the damages and costs awarded to the plaintiff including interest through April 30, 2005 and other court-awarded fees and costs associated with this judgment.

ABM’s press release announcing the denial of its appeal is attached as Exhibit 99.1 to this Form 8-K.

Item 9.01      Financial Statements and Exhibits.

(c) Exhibits.

99.1      Press release of ABM Industries Incorporated dated April 22, 2005, announcing the denial of its appeal in Forbes v. ABM.

 

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

         
  ABM INDUSTRIES INCORPORATED
 
 
Dated: April 22, 2005  By:   /s/ Linda S. Auwers    
    Linda S. Auwers   
    Senior Vice President and General Counsel   

 


 

         

EXHIBIT INDEX

99.1     Press release of ABM Industries Incorporated dated April 22, 2005, announcing the denial of its appeal in Forbes v. ABM.

 

exv99w1
 

EXHIBIT 99.1

Contact:
Linda S. Auwers
Senior Vice President & General Counsel
ABM Industries Incorporated
415-733-4001

ABM SUBSIDIARY LOSES APPEAL IN WASHINGTON STATE

SAN FRANCISCO, CA, April 22, 2005 – ABM Industries Incorporated (NYSE:ABM) announced today that it will take a charge of $6.3 million to establish a reserve in a gender discrimination case against one of its janitorial companies, American Building Maintenance Co. – West.

          ABM intends to appeal to the Washington State Supreme Court yesterday’s ruling by the Washington Court of Appeals. The Court of Appeals upheld a state court jury’s award in 2003 to former employee Cheryl Forbes. In 2003, the same jury also returned a verdict in ABM’s favor in the employment case of a second former employee.

          “We’re disappointed with the court’s ruling because the evidence demonstrated that Ms. Forbes was the company’s highest-paid branch manager and had actually declined several opportunities for promotion,” said Linda Auwers, ABM Senior Vice President and General Counsel.

          Ms. Auwers continued, “We take very seriously equal opportunities for women and providing all of our employees an inclusive and tolerant work environment in which they can fulfill their greatest potential. For many years, the company has had strong policies against harassment and discrimination, and these are being strengthened by ongoing efforts to maintain a diverse and inclusive workplace.

          “We are confident of our legal position and we will continue to work constructively to further enhance the working environment for all of our employees,” Ms. Auwers concluded.

          ABM Industries Incorporated is among the largest facility services contractors listed on the New York Stock Exchange. With fiscal 2004 revenues in excess of $2.4 billion and more than 73,000 employees, ABM provides janitorial, parking, security, engineering, lighting and mechanical services for thousands of commercial, industrial, institutional and retail facilities in hundreds of cities across the United States and British Columbia, Canada. The ABM Family of Services includes ABM Janitorial; Ampco System Parking; ABM Security Services, which includes American Commercial Security Services (ACSS) and Security Services of America (SSA); ABM Facility Services, which includes ABM Engineering and CommAir Mechanical; and Amtech Lighting.

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