Local Office: 21 N~vark CentEr, 2P~ Fbor Ncwarl~ New Jersey {]7102
I)awrp ,~.!- [’i(Ig¢
DM~-9705 C~unsel (or Plalnl|ff
IN THE UNITED STATES DISTRICT COURT FOR TIIE DISTRICT OF NEW JERSEY

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION~
Plaintiff,
V=
BLACKWELL’S BOOK SERVICES, Defendants.

CIVIL ACTION NO.
OH
COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of ] 964 and Title I of the Civil Rights Act of 1991 to correct untawftd employment practices on the basis of retaliation and to provide appropriate relief to Darlene Vaughan (Black) who was adversely affected by such practices, As alleged with greater particularity in paragraph 7 below, Defendant Employer Blackwell’s Book Services subjected Darlene Vaughan to unlawful retaliation when Defendant abruptly and without warning terminated her employment after she complained about racial harassment by a whitc supervisor at Defendant’ s facility. As a result of the discrimination, Ms. Vaughan suffercd backpay losses and emotional distress damages.

JURISDICTION AND VE..NI.JE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S,C, §§ ~.51,1331, 1337, 1343 and 1345. This action is attthorized and instituted pursuant to704(a), and 706 (0(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-3(a), and §2000e-5(f)(1) and (3)("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a. 2. The employment practices alleged to be unlawfid were committed within the jurisdiction of the United States District Court for the District of New Jersey.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of Amerca charged with the administration, interpretation and enforcement o f Title VII, and is expressly authorized to bring tills action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(0(1) and (3). 4. At all relevant times, Defendant, Blackwell’s Book Services ("Black-well’s") (the "Employer"), has continuously been doing business in the State of New Jersey, and the City or Blackwood, and has continuously had at least 15 employees. 5. At all relevant times, Defendmat Employer has continuously been an employer engaged in an. industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) 0aid (h).
STATEMENT OF CLAIMS 6. More than. thirty days prior to the institution of this lawsuit, Darlene Vaughan filed a charge with the Commission alleging violatioi~s of Title VII by Defendant Employer, All

conditions precedent to the institution of this lawsuit have been fulfilled. Since at least in or about September 2002, Defendant Employer has engaged in
unlawful employment practices at its Blackwood, New Jersey facility, by unlawfully subj ecting Ms. Vauglm to retaliation because she complained ot’racial harassment in violation o fSection 704(a)(1) o1" Title VII, 42 U.S.C. §2000e-(a). These unlawful practices include, but are not limited to, the following:
(a) From on or about March 30, 1998, until her retaliatory discharge on or about November 7, 2002, Darlene Vaughan held tl~e position of Book Processor with Defendant Blackwell’s Book Services.
(b) Throughout Ms. Vaugl~an’s employment with Defendant she received good performance reviews and evaluations. Ms. Vaughan’s most recent evaluation, in or about June 2002, rated, her overall perlbnnanee as "meets/exceeds exl~ectations."
(c) Between November 2001 and November 2002, Ms. Vaughan participated in and was co-chair of Defendant’s "Stall" Quality Forum", a co~rmaittee formed to discuss operational efficiency, customer service, and other quality of work issues at Defendant’s workplace. The other co-chair person of the committee was Patricia Santarpio, who subsequently became Ms. Vaughan’s direct supervisor. After Ms. Vaughan joined the StaffQuality Formn, employees began to lodge complaints of racial discrimination and harassment against a particular white supervisor.
(d) Alter receiving the employee complaints of racial harassment, Ms. Vaughma advised Defendant’s Vice-President, Andrew Hutchinson, and Defendant’s Human Resource Officer, Diane Blithe, oft he eml~loyees’ complaints. Thereafter, an investigation ensued which confirmed the allegations, and in or abottt September 2002, the white supervisor was terminated.
3

(e) Thereafter, Ms. Vaughma was told by several employees, including her supervisor, Patricia Santarpio, that certain management employees were upset because she brought forth the complaints of racial harassment which then resulted in the termination of the white supervisor. Ms. Santarpio strongly advised Ms, Vaughan to resign from the StaffForum Committee.
(f) After she complained of racial harassment on behalf of employees to Defendant’s officials, Ms. Vaughan was subj coted to retaliation, including but not limited to, disparate treatment, heightened scrutiny concerning her work, and direction to resign from the committee. As a result of the retaliation, Ms, Vaugha~ complained to Defendant’s Director of Human Resources, Virginia Phender, mad Diane Blithe, in Human Resources.
(g) Ms. Vaughan’s requested to transfer to a different dep~ment because of the retaliation; however, Defendant denied her request.
(h) On or about the morning of November 7, 2002, the day before a scheduled meeting with Defenda~at’s Vice President of Human Resources, John Elliott, to discuss the retaliation, Ms. Vaughan was abruptly terminated.
8. The effect of the practices complained of in paragraph 8(a)-(h) above have been to deprive Darlene Vaughan of equal employment opportunities and otherwise adversely affect her status as an. employee, because she engaged in protected activity under Title VI-I.
The unlawful employment practices complained of in paragraph 8(a)-(h) above were intentional,
10. The unlawful employanent practices complained of in paragraph. 8(a)-(h) above were done with malice or with reckless indifference to the federally protected rights of Darlene Vaughan, because she engaged i~3 protected activity under Title VII.

PR.AY-ER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent inj unction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in ,any other employment practice which discriminates on the basis of retaliation. B. Order Defendant Employer to institute and carry out policies, practices, and progrmns which provide equal employment opportunities for employees who engage in protected activity, and which eradicate the effects o f its past and present unlawful employment practices. C. Order Dcfcndant Employer to make whole .Darlene Vaughan, by providing appropriate back pay with prejudgnaent interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. D. Order Defendant Employer to make whole Darlene Vaughan, by providing compensation for past and future pecuniarylosses rcsulting from the unlawful employment practices described in paragraph 7(a)-(h) above, including job search expenses, in amounts to be determincd at trial. E. Order Defendant Employer to make whole Darlene Vaughan, by providing compensation lbr past and future nonpccuniary losses resulting from the unlawfial practices complained of in paragraph 7(a)-(h) above, including emotional pain, suffering, depression, anxiety, loss of enjoyment of life and humiliation, in amounts to be detemained at trial. F. Order Defendant Employer to pay Darlene Vaughan, punitive damagcs for its malicious and reckless conduct described in paragraph 7(a)-(h) abovc, in amounts to be determined at trial.

Grant such filrther relief as the Court deems necessary and proper in the public interest.
H, Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respect fully submitted,
ERIC S. DREIBAND
General Counsel ,lANES L, LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate Gener~ Counsel
,~U DITH A. O’BOYLE
Supervisory Trial Attorney
EDGE /
Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Philadelphia District Office 21 South 5t~ Street, Suite 4(10 Philadelphia, PA 19106 (215) 440-2687 (215) 440-2848 (FAx)

 
 Case 1:04-cv-02589-FLW-JBR Document 8 Filed 11/01/2004 Page 1 of 7

F. MICHAEL DAILY, JR., LLC ATTORNEY AT LAW 216 Haddon Avenue • Sentry Office Plaza Suite 100 Westmont, New Jersey 08108 Telephone No. (856) 833-0006 Fax No. (856) 833-1083 Attorney(s) for the Plaintiff/ Intervenor File #F-9718
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

:

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION, Plaintiff and:

DARLENE

VAUGHAN,

Plaintiff/Intervener,

:

vs.

:

BLACKWELL'S BOOK SERVICES, :

Defendant.

:

:

Case No. 04-CV-2589 (SSB)
COMPLAINT OF PLAINTIFF / INTERVENOR DARLENE VAUGHAN

Darlene Vaughan by way of complaint against the defendant says:
Parties, Jurisdiction and Venue 1. Darlene Vaughan is an individual who resides at 4 Lincoln Avenue, Apt. E-7, Clementon, New Jersey. 2. At the times set forth hereafter, Darlene Vaughan was an employee of the defendant Blackwell’s Book Services. 3. In this action, Darlene Vaughan asserts that she was

Case 1:04-cv-02589-FLW-JBR Document 8 Filed 11/01/2004 Page 2 of 7
discriminated on the basis of her color (black) in violation of 42 U.S.C. §1981 and therefore this Court has original jurisdiction over this matter pursuant to 28 U.S.C. §1331 and §1343.
4. Darlene Vaughan also asserts that she was deprived of rights, privileges, and immunities secured by the New Jersey Law Against Discrimination that such deprivations arose out of the same acts which form the basis of her federal claims and as a result this court has supplemental jurisdiction over such claims pursuant to 28 U.S.C. §1367.
5. Darlene Vaughan is entitled to intervene in this matter as of right and pursuant to Fed. R. Civ. Proc. 24(a) in that her claims involve the same transactions presently before the court in this matter and the disposition of this matter may impair and impede her ability to protect her interests arising from such transactions.
6. Venue in this matter is proper in this court in that this is the district in which the plaintiff worked and the actions complained of occurred.
Factual Allegations 7. Darlene Vaughan is an African American. 8. Darlene Vaughan was employed by the defendant from March 30, 1998, until her discharge on or about November 7,2002. 9. While employed by the defendant Darlene Vaughan held the position of Book Processor and at all times met the reasonable expectations of the employer in regard to said position.

Case 1:04-cv-02589-FLW-JBR Document 8 Filed 11/01/2004 Page 3 of 7
10. On or about November 7,2002, Darlene Vaughan was discharged and the defendant replaced her with another employee.
11. Following the aforesaid discharge, the defendant asserted that Darlene Vaughan was terminated for poor performance which was false and a pretext for discrimination on account of color.
12. While employed by the defendant, Darlene Vaughan was subjected to a hostile environment on account of her color in the form of harassment from supervisors and being subjected to threats, racial taunts and racial epithets from coworkers.
13. The defendant employer permitted, failed to adequately address and encouraged the aforesaid hostile environment to exist.
14. Darlene Vaughan herewith adopts and incorporates herein the allegations set forth in ¶ 7 through ¶ 9 of the complaint filed by the plaintiff, Equal Employment Opportunity Commission, in this matter.
15. The aforesaid acts were performed by the defendant employer with malice and/or with intentional indifference and/or with reckless indifference to the civil rights, state and federal, of Darlene Vaughan and were motivated by impermissible racial and retaliatory considerations.
16. As a result of the foregoing, Darlene Vaughan has sustained lost earnings and pay along with other pecuniary losses in the form of medical and counseling costs, lost income, benefits and profits and other material damages and said damages and losses are expected to continue into the future.

Case 1:04-cv-02589-FLW-JBR Document 8 Filed 11/01/2004 Page 4 of 7
17. As a result of the foregoing, Darlene Vaughan has sustained nonpecuniary losses including emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life and such other nonpecuniary losses as maybe disclosed in discovery.
First Count 18. The aforesaid acts of the defendant, along with such other discriminatory actions as maybe disclosed in discovery, constituted the impairment of a contractual relationship and the termination of a contractual relationship on account of color and deprived Darlene Vaughan of her rights with respect to her compensation, terms, conditions, enjoyment and privileges of a contractual relationship in violation of 42 U.S.C. §1981. 19. As a direct result of said unlawful acts Darlene Vaughan sustained the previously described damages. 20. Pursuant to 42 U.S.C. §1988, Darlene Vaughan is entitled to attorney’s fees and expert fees in connection with the bringing of the claims alleged in this count.
WHEREFORE, Darlene Vaughan demands judgement against the defendant for compensatory damages including back pay, punitive damages, reinstatement of employment and such other injunctive relief as will redress the actions of the defendants, front pay if reinstatement is not practicable, attorney’s fees, expert fees, prejudgment interest, interest, costs and such other relief as the court deems just.

Case 1:04-cv-02589-FLW-JBR Document 8 Filed 11/01/2004 Page 5 of 7
Second Count 21. The aforesaid acts of the defendant, along with such other discriminatory actions as maybe disclosed in discovery, constituted discrimination against an individual with respect to her compensation, terms, conditions, or privileges of employment, because of such individual’s race and deprived Darlene Vaughan of her rights with respect to her compensation, terms, conditions, and privileges of employment, because of her race, in violation of N.J.S.A. 10:5-12(a). 22. As a direct result of said unlawful acts Darlene Vaughan sustained the previously described damages. 23. Pursuant to N.J.S.A. 10:5-27.1, Darlene Vaughan is entitled to attorney's fees and expert fees in connection with the bringing of the claims alleged in this count.
WHEREFORE, Darlene Vaughan demands judgement against the defendant for compensatory damages including back pay, punitive damages, reinstatement of employment and such other injunctive relief as will redress the actions of the defendants, front pay if reinstatement is not practicable, attorney's fees, expert fees, prejudgment interest, interest, costs and such other relief as the court deems just.
Third Count 24. The aforesaid acts of the defendant, along with such other discriminatory actions as maybe disclosed in discovery, constituted reprisals against a person because that person had

Case 1:04-cv-02589-FLW-JBR Document 8 Filed 11/01/2004 Page 6 of 7
opposed practices and acts forbidden under the New Jersey Law Against Discrimination.
25. The aforesaid acts of the defendant, along with such other discriminatory actions as maybe disclosed in discovery, also constituted acts to coerce, intimidate, threaten or interfere with a person in the exercise or enjoyment of, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, rights granted or protected by the New Jersey Law Against Discrimination.
26. The aforesaid conduct constitute a violation of N.J.S.A. 10:5-12(c).
27. As a direct result of said unlawful acts Darlene Vaughan sustained the previously described damages.
28. Pursuant to N.J.S.A. 10:5-27.1, Darlene Vaughan is entitled to attorney's fees and expert fees in connection with the bringing of the claims alleged in this count.
WHEREFORE, Darlene Vaughan demands judgement against the defendant for compensatory damages including back pay, punitive damages, reinstatement of employment and such other injunctive relief as will redress the actions of the defendants, front pay if reinstatement is not practicable, attorney's fees, expert fees, prejudgment interest, interest, costs and such other relief as the court deems just.
Jury Demand Plaintiff, herewith demands a jury trial as to all issues,

Case 1:04-cv-02589-FLW-JBR Document 8 Filed 11/01/2004 Page 7 of 7

trial by jury.

F. MICHAEL DAILY, JR., LLC Attorney for the Plaintiff

s/F. Michael Daily, Jr. BY:
F. Michael Daily, Jr.
CERTIFICATION OF SERVICE UPON DCR
I herewith certify that a copy of the foregoing pleading
has been served upon the New Jersey Division of Civil Rights
pursuant to N.J.S.A. 10:5-13.
F. MICHAEL DAILY, JR., LLC Attorney for the Plaintiff

s/F. Michael Daily, Jr. BY:
F. Michael Daily, Jr.

November 1, 2004
C:\Data\MIKE\F-9718(Vaughan, Darlene)\Complaint.wpd

 
 Case 1:04-cv-02589-FLW-JBR Document 17 Filed 05/25/2005 Page 1 of 10

U.S. Equal Il:mpluymclIl 0PlJorUllllt)' Cnrnrnl!>lilon Philadelphia Didrid Unitt' 21 South FIfth Sireet, Suite 4UC) Philadelphia, PA 19106~1515

Local Office: 21 Newark Center, 21" l<'loor ~ewal'kt New JI:!r5cy 07102

»1\",11 M. }I~rlge HMt<:.911l$ C(loull~el Cflr Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

BLACKWELL'S BOOK SERVICES,

)

)

Defendant.

)

Civil Action No. 04-cv-2589 (Fl.W)

CONSENT DECREE This action was instituted by the U.S. Equal Employment Opportunity Commission ("the EEOC" or "the Commission") on June 3, 2004, against Blackwell's Book Services to enforce
provisions ofTitle 'lTT oCthe Civil Rights of' 1964, as amended, 42 U.S.C. § 2000e et seq., ("Title
VII"), The EEOC filed this Title VTT lawsuit on behalfofDarlcne Vaughan, alleging that Blackwell's Book Services subjected her to retaliation when she was terminated alief she complained about racial harassment by a white supervisor at the Defendant's facility.
B. This Consent Decree is cntered into by and shaH be final and binding between the EEOC and DeCendant, Blackwell's Book Scrvices, its directors, officers, agents, employees, successors or assigns and all persons in active concert or participation with it, (hcreinafter collectivc\y refelTcd to as "Defendant" or "Blackwell's").
C. EEOC and Blackwell's agree to entry of this Consent Decree, whi.ch shall fully and

Case 1:04-cv-02589-FLW-JBR Document 17 Filed 05/25/2005 Page 2 of 10
Iinally resolve all claims the EEOC raised in its Complaint in Civil Action No. 04-cv-2S89. This Decree is entered into in compromise of the claims asserted in this civil action. Blackwell's denies any wrongdoing, fault, liability or admissibility by any party regarding the merits of any claims asserted by the EEOC. Blackwell's denies that it violated Title VIl.
NOW, THEREl<"ORE, IT IS ORDERED, AD.JUDGED AND DECREED THAT; NON-RETALIATION
1. This Court has jurisdiction over the parties and subject matter of this action. 2. Blackwell's is enjoined from engaging in any employment practices which retaliate in any manner against any person, including but not limited to Darlene Vaughan, beca\lse orlhat person's opposition to any practice made an unlawful employment practice LLnder Title VII or hecausc that person has made a charge, testi fled, assisted or participated in any manner in an investigation, proceeding or hearing under Title VIl. 4. Blackwell's shall not divulge, directly or indirectly, to any identifiable employer or potential employer of Darlene Vaughan any of the facts or circumstances related to (he claims of
discrimination against Blackwell's in this case or any or the events relating to her participation in
the litigation ofthis actillll. 5. Nothing in this Consent Decree, either by inclusion or exclusion, shall be construed
to limit the obligations of Blackwell's under Title VII or the EEOC's authority to process or litigate <lny charge of discrimination now pending or tiled in the future against Blackwell's.
MONI£TARY RELIEF 6. Blackwell's agrees (0 pay the sum total of$65,000 to Darlene Vaughan. In order to receive this monetary payment, Ms. Vaughan will he required to execute a Release presented by
2

Case 1:04-cv-02589-FLW-JBR Document 17 Filed 05/25/2005 Page 3 of 10
Blackwell's 10 her and her private attomey. 7. Within fourteen days after Blackwell's has received Ms. Vaughan's executed Release,
Blackwell's will make the monelarypaymcnt to Ms. Vaughan. Prooforthc payment (consisting of a copy ofthe check and a copy orthe transmittal letter to Ms. Vaughan) shall be mailed to Dawn M. Edge, Trial Attomey, EEOC, 21 S. Fifth Street, Suite 400, Philadelphia, PA 19106.
POSTING OF NOTICE 8. Within 20 business days atl:cr entry of this Decree, Blackwell's shall posl 011 all bulletin boards used by Blackwell's for communicating with employees, same-sb!:ed copies ofthe Notice attached as Exhibit :\ to this Decree. The Notice shall remain posted for eighteen (18) months from the date of entry of this Decree. Tfposted copies become defac.ed, removed, marred or otherwise illegible, Blackwell's agrces to post a readable copy in the same manner as heretofore specified.
TRAINING 9. Blackwell's shall provide training on the requirements ofTit1c VII as follows:
(a) Blackwell's agrees to provide annual training sessions for all of its managers and supervisors, and to all Human Resources Departlllellt employees, by a trainer or vendor approved by the EEOC to provide training on employcc rights and employer obligations under both Title VIl and relevant state or local anti-discrimination laws, which training will emphasize what constitutes unJaw!tll harassment and discrimination in the workplace, how to keep the cOJllpany free from such discrimination, what constitutes unlawful retaliatioll and will summarize how to conduct a prOll1pt and effective investigation into allegations, complaints or charges of discrimination;
(b) cach training session will include a presentation by a high-ranking official of
3

Case 1:04-cv-02589-FLW-JBR Document 17 Filed 05/25/2005 Page 4 of 10
Blackwell's emphasizing Blackwell's commitment to prevent discrimination and harassment; (e) Blackwell's shall first provide training in accordance with Paragraph 9 (a) by
no later lhaJi 120 calendar days ancr entry of this Consent Decree and also shall provide such training in calendar years 2006.
10. Blackwell's shall obtain the EEOC's approval of its proposed trainer prior to each year's training sessions. Approval can be obtained by requesting it in a letter addressed to Dawn M. Edge, Esq., EEOC, 21 S. 5th Street, Suite 400, Philadelphia, PA 19106.
11. Blackwell's agrees at its expense to provide the EEOC with copies of all pmllphlets,
brochures, outlines or other written materials provided to at\endees or training sessions. Even
though the EEOC has approved of or designated a trainer to provide training for ooe year, it is not required to approve or or designate the same trainer lor Illture training sessions.
12. Blackwell's shall certify to the EEOC in writing within 10 business days after the training sessions required by Paragraph 9have occurred, that the training has taken place and that all of the required personnel have attended. Such certification shall include: (i) the dates, location and duration oftl", training session; and (ii) a copy of the registry of attendance, including the name and position or each person in attendance.
RECORD KEEPING
13. For a period of\wo years lallowing entryorthis Decree, Blackwell's shall document mId retain in a centralized file in Human Resources records of each complaint of an incident of discrimination or harassment made by any employee, reflecting the dale the c-omplainl was made, who made it, what was alleged and the actions, if any, Blac],,:well's took to resolve the matter, and shall at its expense make such records available for inspection and copying by the EEOC.
4

Case 1:04-cv-02589-FLW-JBR Document 17 Filed 05/25/2005 Page 5 of 10
Blackwell's also shall maintain records of all actions it takes to prevent discrimination and harassment at all ofits facilities, work sites and contract sites during the term ofthis Consent Decree.
14. Blackwell's shall make all documents or records referred to in Paragraph 13 available for inspection and copying within 10 business days after the EEOC so requests. In addition, Blackwell's shall make available for interview all persons inits employ whom the EEOC reasonably requests for purposes ofvcrifying compliance with this Decree and shall permit a representative of the EEOC to enter Blacbvcll's premises for such purposes on nvc business days' advance notice by the EEOC.
15. Nothing in this Decree shall be eonstmed to limit allY obligation Blackwell's otherwise may have to maintain records under Title VII or any other law or regulation. After expiration ofthis Consent Decree, records will be maintained by Blackwell's as rcqui.rcd by law and Commission regulations. Nothing in this Decree shall be interpreted to require Blackwell's to disclose to the EEOC any document protected from diseovcryunder any legally-cogni~.ableprivilegc.
DISPUTE RESOLUTION 16. hl the event either party to this Decree believes the other party has failed to comply with anyprovision(s) of the Decree, the complaining party shall notify the other party ofthe alleged non-compliance within 20 days ofthe alleged non-compliance and aClbrd the alleged non-complying party 20 business days to remedy the non-compliance or satisfy the complaining party that the alleged non-complying party has complied. Tfthe alleged non-complying party has not remedied the alleged non-compliance or satisfied the c.omplaining party that it has complied within 20 business days, the complaining party may apply to the Court for appropriate relief.
5

Case 1:04-cv-02589-FLW-JBR Document 17 Filed 05/25/2005 Page 6 of 10
MISCELLANEOUS PROVISIONS 17. Each party to this Decree shall bear its own expenses, cosls and attorneys' fees. 18. The lenllS of this Decree arc and shall be binding upon the present and future
representatives, agents, directors, officers, successors and assigns oflhe EEOC and Blackwell's in their capacities as representatives, agents, directors and officers of'the EEOC and Blackwell's and not in their individual capacities. This paragraph shall not be construed as placing any limit on
remedies available to the Court in the event any individual is found in contempt for a violation of
this Decree.
19. This Consent Decree shall fully and finally resolve all claims which were raised by
the EEOC in its Complaint in Civil Action No. 04-cv-2589. 20. This Consent Decree shall be filed in the United States District Court for the District
of New Jersey 311d shall continue in effect for two years. During this time, this Court shall retain jurisdiction over this matter and the parties for purposes of enforcing compliance with the Decree, including issuing 8u<;h orders as may be required to effectuate its purposes. Any application by any party to modify or vacate this Consent Decree during such period shall be made by motion to the Court on no less than 30 days' noticc to the other party. Should any material disputes under this Decree remain unresolved after this two year period, the term ofthe Decree shall be automatic.ally
extended (and the COlni will retain jurisdiction of this mattcr to enforce thc Conscnt Dccrec) until
such time as all disputes have been resolved. 21. The Clerk of the District Court is hereby directed to send a file-stamped copy of this
Consent Decree to counsel of record.
6

Case 1:04-cv-02589-FLW-JBR Document 17 Filed 05/25/2005 Page 7 of 10

FOR PLAINTIFF EEOC:
Eric S. Dreiband General Counsel
James L. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel
U.s. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION 1801 L Street, NW Washington DC 20507

<- /~<'j{z;56 til
~~ith A. O'Boyle

0 /B7tJ

Supervisory Trial Attorney

])A,Wl\U. (~_

Dawn M. Edge Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Philadelphia District OfTIcc 21 S. 5'" Street, Suite 400 Philadelphia, PAl <) 106 (215) 440-2687

~L~~ lD5
Date

FOR DEFENDANT BLACKWELL'S BOOK SERVICES:
_ r? ,9_e.~
P. Quirke, Esquire ARCHTER & GREINER 1 State Route 12, Suite 201 Flemington, New Jersey 08822 (908) 788-9700
--=:JlI-~Q. Wo~ Tracy As Wolak, Esquire ARCHIER & GREINER One Centennial Square Haddontleld, New Jersey 08033 (856) 795-2121
h "'7'.;;'I·~ 61~ oS
Date

7

Case 1:04-cv-02589-FLW-JBR Document 17 Filed 05/25/2005 Page 8 of 10

~J~ By the Court:

.~

~

FRE A L. WOLFSON

UNITED STATES DIsti.rcT JUDGR

8

Case 1:04-cv-02589-FLW-JBR Document 17 Filed 05/25/2005 Page 9 of 10
" ,
EXHIBIT-A

Case 1:04-cv-02589-FLW-JBR Document 17 Filed 05/25/2005 Page 10 of 10
NOTICE TO ALL BLACKWELL'S BOOK SERVICES EMPLOYEES
This Notice is posted pursuant to a Consent Decree entered by the federal court for the District of New Jersey in EEOC v. Blackwell's Book Services, Civil Action Number 04-2589, resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Blackwell's Book Services ("Blackwell's").
Title VII of the Civil Rights Act of 1964,42 U.S.C. § 2000e et lJN,., as amended ("Title VII"), prohibits discrimination against employees and applicants for employment based upon sex, national ,)rigin, race, color or religion. Title VJT further prohibits retaliation against employees or applicants who avail themselves ofthe rights under Title VII by engaging in protected activities, such as filing a charge ofdiscrimination and/or testifying or participating in a Commission investigation. The EEOC is the federal agency which investigates charges of unlawful employmcnt discrimination. The EEOC has the authority to bring lawsuits in federal court to enforce Title Vll.
Tn its lawsuit, tbe EEOC alleged tlIat Blackwell's subjected an employee to retaliation in
violation of Title Vll. Blackwell's denied these allegations.
To resolve the case, Blackwell's and the EEOC have entered into a Consent Decree which provided, among other things, that: (1) Blackwell's pay monetary reliefto the fonncr employee; (2) Blackwell's not retaliate against any person because he or she opposed any practice Inade unlawful by Title VII, filed a Title VTI charge of discrimination, participated in any Title VII proceeding, or asserted any rights under the Consent Decree; and (3) Blackwell's will train all managers and supervisors regarding Title VII's prohibitions against discrimination, harassment and retaliation.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
This Notice must remain posted for eighteen (IS) months from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice or compliance widl its tenns may be directed [0 the: Regional Attomey, EEOC Philadelphia District Office, 21 South 5th Street, Philadelphia, PA 19106.

.S. c ~u~1 Employment OpportWlity ' o m mIssIon
DATED: ---..:cf'-il-=-I-=.h+/_D_S_ _

Blackwell's Book Services DATED:

 
 CM/ECF LIVE - U.S. District Court for the District of New Jersey - Doc... https://ecf.njd.uscourts.gov/cgi-bin/DktRpt.pl?115673792133496-L_35...
CLOSED, SCHEDO
U.S. District Court District of New Jersey [LIVE] (Camden) CIVIL DOCKET FOR CASE #: 1:04-cv-02589-FLW-JBR

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. BLACKWELL'S BOOK SERVICES Assigned to: Judge Freda L. Wolfson Referred to: Magistrate Judge Joel B. Rosen Cause: 42:2000 Job Discrimination (Race)

Date Filed: 06/03/2004 Date Terminated: 06/01/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by DAWN M. EDGE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PHILADELPHIA DISTRICT OFFICE 21 SOUTH 5TH STREET SUITE 400 PHILADELPHIA, PA 19106-2515 (215) 440-2687 Email: dawn.edge@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff Darlene Vaughan

represented by F. MICHAEL DAILY, JR. 216 HADDON AVENUE SUITE 100 WESTMONT, NJ 08108 (856) 833-0006 Email: dailyfm@hotmail.com ATTORNEY TO BE NOTICED

V. Defendant BLACKWELL'S BOOK SERVICES

represented by JOHN P. QUIRKE ARCHER & GREINER, PC PLAZA ONE 1 STATE ROUTE 12 SUITE 201 FLEMINGTON, NJ 08822-1722 (908) 788-9700 Email: jquirke@archerlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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TRACY ASPER WOLAK ARCHER & GREINER, PC ONE CENTENNIAL SQUARE HADDONFIELD, NJ 08033 (856) 795-2121 Email: twolak@archerlaw.com ATTORNEY TO BE NOTICED

Date Filed 06/03/2004 06/04/2004 06/29/2004 06/29/2004 08/26/2004 08/26/2004
08/27/2004
09/23/2004 09/23/2004 10/20/2004 11/01/2004 11/02/2004

#

Docket Text

1 COMPLAINT against BLACKWELL'S BOOK SERVICES JURY DEMAND, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(TH, ) (Entered: 06/04/2004)
Summons Issued as to BLACKWELL'S BOOK SERVICES.Days Due - 20. (TH, ) (Entered: 06/04/2004)
2 ANSWER to Complaint by BLACKWELL'S BOOK SERVICES. (Attachments: # 1 Cert of Svc)(ar1, ) (Entered: 06/29/2004)
3 ORDER Setting Initial Scheduling Conference for 8/25/2004 2:30 PM before Magistrate Judge Joel B. Rosen. Signed by Judge Joel B. Rosen on 6/29/04. (ar1, ) (Entered: 06/29/2004)
4 MOTION to Intervene by Darlene Vaughan. (DAILY, F.) (Entered: 08/26/2004)
5 BRIEF in Support re 4 MOTION to Intervene filed by Darlene Vaughan. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Text of Proposed Order Order and Proof of Service)(DAILY, F.) (Entered: 08/26/2004)
Setting Deadlines as to 4 MOTION to Intervene. Motion returnable date set for 10/1/2004 before Magistrate Judge Joel B. Rosen. PLEASE BE ADVISED THIS MOTION SHALL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (MB) (Entered: 08/27/2004)
6 SCHEDULING ORDER: Settlement Conference set for 12/9/2004 at 2:00 PM before Magistrate Judge Joel B. Rosen. Signed by Judge Joel B. Rosen on 9/23/04. (js) (Entered: 09/23/2004)
Minute Entry for proceedings held before Judge Joel B. Rosen : Scheduling Conference held on 9/23/2004. (bb, ) (Entered: 09/24/2004)
7 ORDER granting 4 Motion to Intervene. Signed by Judge Joel B. Rosen on 10/20/04. (ar1, ) (Entered: 10/22/2004)
8 Intervenor COMPLAINT of Plaintiff, filed by Darlene Vaughan.(DAILY, F.) (Entered: 11/01/2004)
9 AFFIDAVIT of Service for Complaint of Intervener Darlene Vaughan served on John P. Quirke, Esq. on November 2, 2004, filed by Darlene Vaughan. (DAILY, F.) (Entered: 11/02/2004)

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11/10/2004 11/15/2004
11/19/2004 02/08/2005 02/08/2005 02/10/2005 04/28/2005 05/09/2005 05/25/2005 05/25/2005 06/01/2005

10 ANSWER to Intervenor Complaint by BLACKWELL'S BOOK SERVICES. (Attachments: # 1 Certificate of Service)(WOLAK, TRACY) (Entered: 11/10/2004)
CLERKS OFFICE QUALITY CONTROL MESSAGE - The Answer to Intervenor Complaint submitted by T. WOLAK on 11/10/04 did not contain a proper signature on the Certificate of Service. Only Registered Users are permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER ELECTRONIC OR SCANNED SIGNATURE BY 11/18/04. This submission will remain on the docket unless otherwise ordered by the court. (ar1, ) (Entered: 11/15/2004)
11 Letter from Tracy Asper Wolak, Esquire; Re: Clerk's Quality Control Message concerning signature on Certificate of Service on Answer was made in error. (ar1, ) (Entered: 11/22/2004)
12 AMENDED SCHEDULING ORDER: Settlement Conference set for 6/9/2005 at 11:00 AM before Magistrate Judge Joel B. Rosen. Discovery due by 6/30/2005. Dispositive Motions due by 6/29/2005. Signed by Judge Joel B. Rosen on 2/8/05. (ar1, ) (Entered: 02/09/2005)
Minute Entry for proceedings held before Judge Joel B. Rosen : Settlement Conference held on 2/8/2005. (sa, ) (Entered: 02/09/2005)
13 AMENDED SCHEDULING ORDER: Settlement Conference set for 6/9/2005 at 11:00 AM before Magistrate Judge Joel B. Rosen. Discovery due by 6/30/2005. Dispositive Motions due by 7/29/2005. Signed by Judge Joel B. Rosen on 2/10/05. (ar1, ) (Entered: 02/10/2005)
14 RE-SCHEDULING ORDER:Rescheduling the Settlement Conference for 6/30/2005 at 11:30 AM before Magistrate Judge Joel B. Rosen. Signed by Judge Joel B. Rosen on 4/28/05. (ar1, ) (Entered: 04/28/2005)
15 ORDER REASSIGNING CASE. Case reassigned to Judge Freda L. Wolfson for all further proceedings. Judge Stanley S. Brotman no longer assigned to case. Signed by Judge John W. Bissell on 5/9/05. (sb) (Entered: 05/10/2005)
16 STIPULATION of Dismissal with prejudice and without costs. (ar1, ) (Entered: 05/31/2005)
17 CONSENT DECREE. Signed by Judge Freda L. Wolfson on 5/25/05. (ar1, ) (Entered: 05/31/2005)
***Civil Case Terminated. (ar1, ) (Entered: 06/01/2005)

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