IN THE UN ITED STATES DlSTRlCT COURT FOR THE DISTRlCT O F MARYLAND NO RTHERN DIVISION

EQUAL EMPLOYMENT OPPORTtJ}.'ITY )

COMMISSION.

)

10 S. Howard Street. Suite 3000

)

Baltimore. MD 21201

)

)

Plaintiff.

)

)

)

)

HOM E PARAMOUNT PEST

)

CONTROL COMPANIES, INC.

)

4608 Fox Schoolhouse Road

)

Baltimore. MD 2\237

)

)

Defendant.

)

)

CIVIL ACTION NO.
COM PLAINT JURY T RIAL REMAND

NATURE OF THE ACTION

This is an action under Ti tle VII of the Civil Rights Act of 1964 and Title I ofthc

Civil Rights Act of 1991 to corre.::t unlawful employmem practices on the basis of sex. and

to provide appropriate relief to Jessica Ann Ace who was subjected \0 unlawful sexual

harassmem. The Commission alleges Ihat Home Paramounl Pest Control Companies, Inc. is

liable for discriminating against Jessica Ann Ace by subjec ting her 10 a sexually hOSlile

work environlllent based on her sex. As alleged with greater panicularity in paragraphs 7

and 8 below. Ms. Aee was subjected to unwanted touching and repeated sexual comlllents.

JURISDICTION AND VENUE

I. Jurisdiction of this Coun is invoked pursuant 10 28 V.S.c. §§ 451. 1331. 1337.

1343 and 1345. This action is authorized and instituted pursuant to Sections 706(f)(J) and
,

(3) ofTitle VII of the Civil Rights Act of 1964. as amended. 42 USc. §§ 2000e-5(f)( I) and (J)("Title V[[") and Section 102 of the Civil Rights Act of 1991. 42 U.S.c. § 1981A.
2. The employmem practices alleged to be unlawful were and are now being committed within the jurisdiction of the Uni ted States District Coun for the District of Maryland, Nonhem Division.
PARTIES 3. Plaintiff, the Equal Employment Opponunity Commission (the "Commission"), is the agency of the United Stales of America charged with the admimstration. mterpretation and enforcement of Ti tle Vl!, and is expressly authorized to bring this action by Section 706(f)(1) and (3) ofTit1e VII. 42 U,S ,c. §§ 2000e·S(f)(\) and (3). 4. At all relevam times. Defendant, Home Paramount Pest Control Compames, Inc, (the "Employer"), has cominuously been a Maryland Corporation doing business in the Stale of Maryland and the City of8ahimore, and has continuously had at least IS employees. S. At all re le vant times. Defendant Employer has coruinuously been an employer engaged in an industry affecting commerce within the meaning of Seclions 701(b). (g) and (h) ofTitle Vll, 42 U.S.c. §§ 2000e(b). (g) and (h).
STATEMENT OF ClAIMS 6. More than thiny days prior to the instinnion oflhis lawsuit. Jessica Ann Ace filed a charge with the Commission alleging violations ofTit1c VII by Defendant Employer.
,

All conditions preceden t to the insti tution o f this lawsuit have been fulfilled. 7. Since at least September 2004, Defend ant Employer engaged in unlawful
employment practices at one of its Baltimore facilities in eontinuillg violation of Section 703(a) of Title VII. 42 U.C.S. §2000e-2(a). Defendant Employer has subjected Jessica Ann Ace to a sexually hostile work environment on the basis of her sex. Spedfically. G. Paul SchOll. one of Ms. Acc's co-workers. regularly re ferred to Ms. Ace as a "cunt" and "bitch" and engaged In unlawful sexual touching. Defendan t Employer tolerated this sexual harassment. and did nothing to stop it despite Ms. Ace's complaints.
8. Defendam Employer's sexual harassment was sufficiently severe and pervasive enough to alter the conditions of Ms . Ace's employment and to create an abush-e workillS environment.
9. The effect o f the practices complained of in paragraphs 7 and 8 above has been to depnve Jessica Ann Ace o f equal employment opponunities and otherwise adversely affect her stalus as an employee. because of her sex.
10. nle unlawful employment practices complained of in paragraphs 7 and 8 above were and are Intentional.
11. The un lawful employment practices complained of in paragraphs 7 and 8 above werc and are done with malice or with reckless indifference to the federally protected rights of Jessica Ann Ace.
PRAYER FOR RELIEF Wherefore, the Com mission respectfull y requests that this Court:
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A. Grant a pennanent injunction enj oining Defendant Employer. its officers. successors. assigns, and all persons in active concert or participation with it. from subjecting womcnto a sexua lly hostile work envi ronment becal.1se of their sex and from engaging in any other employment practice which discriminates on the baS ISo f se:-.
B. Order Defendant Employer to institute and carry out policies. practices. and programs which provide equal employment opportunities for women. and which eradicate the effects of its paSt and present unlawful employment practices.
C. Order Defendant Employer to make whole lessica Ace, who was subjected to a se:-.ually hostile work environment by Defendant because of her sex, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 and 8 above, in amounts to be detennined at trial.
D. Order Defendant Employer to make whole Jessica Ann Ace. who was subjected to a sexuall y hostile work by providing compensa tion for past and future nonpecuniary losses resulting from the unlawful prac tices complained of in paragraphs 7 and 8 above. including emotional pain. suffering. inconvenience. loss of enjoyment of lifc. and humiliation, III amounts to detemtilled at trial.
E Order Defendant Employer to pay punitive damages for its malicious and reckless conduct described in paragraphs 7 aud 8 above. in amounts to be detennined at trial.
F. Grant such further re lief as the Court deems necessary and proper in the public interest.
G. Award the Commission its costs of th iS action.

JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
RONALD S. COOPER General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
Trial Al1omey, Bar No. 07756 EQUAL EMPLOYMEXT OPPORTUNITY COMMISSION Baltimore District Office 10 S. Howard Street. Suite 3000 Baltimore. Maryland 21201 (410) 962-4220
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 District of Maryland (CM/ECF Live 3.0) - Docket Report

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CASREF, CLOSED
U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:06-cv-02517-WMN

EEOC v. Home Paramount Pest Control Companies, Inc. Assigned to: Judge William M Nickerson Referred to: Magistrate James K. Bredar (Settlement) Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/26/2006 Date Terminated: 03/13/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff EEOC

represented by Debra Michele Lawrence U S Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14102092734 Fax: 14109624270 Email: debra.lawrence@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jacqueline H McNair US Equal Employment Opportunity Commission 21 S Fifth St Ste 400 The Bourse Bldg Philadelphia, PA 19106 12154402666 Fax: 12154402674 Email: jacqueline.mcnair@eeoc.gov ATTORNEY TO BE NOTICED

Regina Maria Andrew Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624220 Fax: 14109624270 Email: regina.andrew@eeoc.gov ATTORNEY TO BE NOTICED

V.

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Defendant
Home Paramount Pest Control Companies, Inc.

represented by Douglas M Topolski McGuireWoods LLP Seven Saint Paul St Ste 1000 Baltimore, MD 21202-1671 14106594400 Fax: 14106594599 Email: dtopolski@mcguirewoods.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/26/2006
09/26/2006 09/26/2006
09/27/2006 11/16/2006
12/01/2006 12/04/2006
12/18/2006 12/18/2006 12/20/2006
12/21/2006
12/27/2006

#

Docket Text

1 COMPLAINT against Home Paramount Pest Control Companies, Inc., filed by EEOC. (Attachments: # 1 Civil Cover Sheet)(raf, Deputy Clerk) (Entered: 09/27/2006)

Jury Trial Demand by EEOC. (raf, Deputy Clerk) (Entered: 09/27/2006)

2 NOTICE OF LAWSUIT AND REQUEST FOR WAIVER of Service by EEOC as to Home Paramound Pest Control Co. (raf, Deputy Clerk) (Entered: 09/27/2006)

3 NOTICE of Appearance by Jacqueline H McNair on behalf of EEOC. (mcb, Deputy Clerk) (Entered: 09/27/2006)

4 WAIVER OF SERVICE Returned Executed by EEOC. Home Paramount Pest Control Companies, Inc. waiver sent on 11/13/2006, answer due 1/12/2007. (Andrew, Regina) (Entered: 11/16/2006)

5 ANSWER to Complaint by Home Paramount Pest Control Companies, Inc..(Topolski, Douglas) (Entered: 12/01/2006)

6 SCHEDULING ORDER:Status Report due by 4/18/2007. Signed by Judge William M Nickerson on 12/4/06. (mcb, Deputy Clerk) (Entered: 12/04/2006)

7 Report re: Deposition hours (Andrew, Regina) (Entered: 12/18/2006)

8 Settlement Conference - requesting (Andrew, Regina) (Entered: 12/18/2006)

9 PAPERLESS ORDER re 8 Granting request for settlement conference and for stay of discovery pending conclusion of the settlement conference.. Signed by Judge William M Nickerson on 12/20/06. (cae, Chambers) (Entered: 12/20/2006)

10 ORDER REFERRING CASE to Magistrate Judge James K. Bredar for settlement conference. Signed by Judge William M Nickerson on 12/21/06. (fk, Deputy Clerk) (Entered: 12/21/2006)

11 ORDER SCHEDULING a Settlement Conference. Signed by Judge James K. Bredar on 12/26/06. (mcb, Deputy Clerk) (Entered:

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01/22/2007 03/07/2007 03/07/2007
03/09/2007

12/27/2006)
Settlement Conference held on 1/22/2007 before Judge James K. Bredar. (hml, Deputy Clerk) (Entered: 01/22/2007)
12 SETTLEMENT AGREEMENT Consent Decree by EEOC. (Andrew, Regina) (Entered: 03/07/2007)
13 NOTICE of Filing of Exhibit A to 12 SETTLEMENT AGREEMENT, by EEOC. (Andrew, Regina) Modified on 3/8/2007 (mcb, Deputy Clerk). (Entered: 03/07/2007)
14 CONSENT DECREE and Approval. Signed by Judge William M Nickerson on 3/8/07. (mcb, Deputy Clerk) (Entered: 03/09/2007)

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5/22/2007

 
 IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLf\ND NORTHERN DIVISION

E,QUAL Efv1PLOYMENT OPPORTCNlTY COMMISSION
Plaintiff,
HOME PAR.\MOUNT PEST CONTROL COMPANIES, INC,
Defendant

) ) ) )
) CIVIL ACTION NO. Wl'vlN-06-cv-2517 ) ) )
) ) ) )

CONSENT IlECREE This action was instituted by Plain(in~ lJ. S, Equal Employment Opportunity Commission {"EEOC" or the "Commission"), against Defendant, Home Puramount Pest Control Companies, Inc. (Dcfl.:noal1t), 1m September 26, 2006. The complaint alleges that Defendant subjected Charging Party Jessica Ann Ace to sexual hnra:{sment in violarion of Sections 703 (a){l) of Title
vn of the Civil Rights Act of 1964, as amended, 42 U.S.c. §§ 2000e-2(a)( 1).
Th\.' Commission and Defendant desin: to resolve this action without the time and
t:xpellse of continued litigation, and they desire to lormulate a plan to he embodied in a Decree which will promote and d'fecluate rhe purposes ofTilk VII.
For the purposes 0 f resolving this action, Defendant admits that the Court has jurisdiction over this action and that all $tatutory and jurisdictional prerequisites to suit have be,,~n satisfied.
This Decree, being entered with the consent of the Commission and Ddendant, shall not constitute adjudication or finding on the ments of this case and shall not be construed as an

admission of liability by Defendant Of as a waiver by the Commission of any contentions of

discrimination,

The Court has examined this Decree and linds thaI it is reasonable and just and in

accordance with the Federal Rules of Civil Procedun:, and Title VII.
Therefore, upon due consideration of the record herein and being fully advised in the premises, it

is ORDERED, ADJUDGED A>-lD DECREED:
1, This Deere\) resolves all issues and claims alleged in the Compiain1 filed oy the

Comml:>sion in this TItle VII which emanated tl'om the Charge of Discrimination No, 531-

.~006-00468 l11cd by l¢::;sk:n Ann Ace.

2.

Ddcncialll, its (ll1kers, agents, st:n'ants, employees and all persons acting or

claiming to act in its behalf and interest shall be enjoined and restrained from cngnging in any

I;;mployment practice which discriminates on the basis of sex in violation of Title VII.

particularly with regard to harassment

3, \Vithin five (5) business days uf the entry of this Decree, Defendant \vill pay to

Jessica Ann Ace monetary damages in the towl amount of Thirty Th()lIsand Dollars and No

Cems ($30,000) consisting of cnmpensatory damages in full settlement of the Commission's

.:;a51::. Defendant shall isslle a Form 1099 to Ms. Ace reflecting this payment. Defendant agrees

that the check shnll bo: forwartkd to Jo:ssiea Anne Ace by overnight mail at an address to be

:mpplied by the Commission. \Vithin five (5) days of this payment, Defendant shall send to the Commissi,)Jl':S attorney of rcconi a copy of lhl.' chl.'ck along \Vilh a copy of the overnight delivery
receipt.

4. Within five (5) days of the Court's approval of this Consent Decree, Defendant will post in all pla~:es where notices to employees arc cLlstomarily posted at its ~vlaryland nlcilities, the Notice attached hereto as Exhibit "A" and madc a part hereof. Said Notice attached hereto as Exhibit "A" shall bc posted and maintained for a period of at least two (2) years from the date of posting and ~hall be signed by a responsible official of Defendant with the date of actual posting shown thereon. Should the Notice become defaced, marred. or otherwise made unreadable, Defendant will ensure that new readable copies of the Notice arc posted in the samc manner as heretofore spt'cified. Within Ihirty (30) days of such posting, Defendant shall forward to the allorney (If record at the Baltimore Office a copy ()r the signed Notice attached hereto as Exhibit ";\" and written certification that the Notice rl.~rcl'cnced herein has been posted and a statement of the locClti(1n(s) and date of posting.
5. Defendanl agrees that \vithin ninety (90) days oftht' entry (l('this Decree, It shall revise its anti-harassment policy and provide mandatory training of no less than (2) bours dumtion to all its Maryland empl(>yecs, including managers and :mpervisors, regarding fedcml EEO laws prohibiting discrimination lI1 employmel11 enf<.m:cd by the Commission, particularly those concerning sexual hHrassment and retallation, Snid training may include video training for il!'l non-SUpCl\'lsory ernployee~., Defendant's revised anti-harassment policy shall be distributed during such training, The trainer's credentials ancl an outline of pHlgram materials shall be !c)l'\\tmkd 10 the EEOC's attomey of n:eord ten ( 10) days prior to such training being conducted and a represemali\'c of tilt' Commission shull he invited to attend such (raining., \Vithin fifteen
n5) days of the I;()mplction of this training, Defendant shalllbnvard to the attorney' of record at
the Baltimore OrneI.:' written I;enifkalion that the training has been completed together with a Jist

of employees and managerial staff v.'ho hav,"' been trained, and the dates of the training. Defendant aiso agrees tn pl\l\iJde to each ne\vly-hired employee, an orientation to its equal employment opportunity policies within a rcasnnable time of hire.
6. Defendant agrees III immediately remove and eliminate from Jessica Ann Ace's personnd and employment records, all documents and entries relating to the filets and circumstances related to the filing of her charge of di::;cril11ination \Vilh the Commission. [h.:fendanl fUl1her agrees to prohibit any dissemination. directly or indirectly, 10 any other employer or potential empluyer () f (lny facts or circumstances surrollnding the charge of discrimination that is funy resolved by this action, or the proce0dings ensuing thereafter. Reference requests regarding Jessica Ann Ace shall be ,ms\vered by Dell'nelunl in neutral terms limited to position. rate of pay, Hnd dates of emph)yment.
7. The Commission reserves the right to monitor compliance with the provisions of this Dccree. As par! of sueh review, the EEOC, upon notice 1\) Defendant, may require written reports concerning compliance, inspect Defendant's premises, intervit~\v witnesses, and examine and copy documents at reasonable times 10 be mutually agreed to by the panics.
8. If any party to this De(.;rec beJit.'ves that any other party has breached a material provisilll1 of this Decree, it shall so notify the party, in writing, of the alleged breach. Upon n:ceipt of wrillCn IWlice, a party shall ha\'e fifteen (15) days to cit her correct the alleged breach, and so inform the olher party, or deny the alleged breilch. in writing: a) If the parties remain in dispute they shall attempl in g(hld fhith to resolve their dispute; b) II' the parties can not in good filith resolve their dispute, the party alleging a breach may tile with the Court a motion to correct and remedy the breach: C) Each p<u1y shall bear its own costs, expem;cs and attorney's fees

incurred in connection witb sLlcb action; and d) Jurisdiction and venue to resolve any dispute

ari;;ing under this Decree resides in the United States District Court i()r the District of Maryland,

9, This Deeret: shall remain in full f()yce and Onee! t()[ a period of two (2) years from

the dale of ~lppro\al and entry of this Decree by the Court.

10, The Court shall retain jurisdiction of this action to ensun: compliance wilh this

Dt:erct~, In all oth!.!]' respects. uppn approval and entJ)' hy the Court of' this Decree, the

Commission's action against Defendant is dismissed \vith prejudice and the Clerk of the Comi is

dirct:(ed to remove (his action from the Court's calendar.

11,

The Commission and Defendant shall bear their t)v,n costs, expenses amI

tlttort1eys' fees incurred in cOllllcdion with this action,

12,

Tht;.' undersigned counsel of rt:cord, on behalf oj' their respective clients,

hert'by consent to the ent!)' of the f()regoing Consent Decree,

FOR DEFENDANT:
HOIVIE PARAMOUNT PEST CONTROL CQ~'IPANIES, INC.
r)~o£'i".j).G~t:/\1s,~~i~/;'/f\oi}-()tr~§1K:i:;";i,~s-Q--.. -
McGuire Woods, LLP 7 SI. Paul Street. Suite 1000 Bu liimore, MD 21202 (410) 659-4409

.FOR PLAINTIFF:
EQVAL EMPLOYM,ENT OPl'ORTUNITY COMMISSION
RONALD S, COOPER General Counsel
JAMES LEE Deputy General Counsc!

, DEBRA M. LAWRENCE Supervisory Trial Attorney EECf':}-Baltimorc Field Office
/ {p . .~ c- ,<t/I'\.'\.
I
REG!: M.ANDREW
Trial Attorney EQl':AL El'vIPLOY:'v1EKT OPPORTUt\lTY COM.\llSS10N EEOC-Baltimore Field Office 10 S. Howard Street, 3,,11"1, Baltimore Maryland 21201
(410) 962-4220
so ORI)~:RED.
Signed and entered thjS~~day of~ 2007

QUAL EMPLOYMENT OPPORTUNITY COMMISSION

Exhibit A

NOTICE TO EMPLOYEES OF HOME PARAMOUNT PEST CONTROL COMPANIES, INC.
POSTED PURSUANT TO CONSENT DECREE

This Notice is being posted pursuant to a Consent Decree between Home Paramount Pest Control Companies, Inc. and the U. S. Equal Employment Opportunity Commission (hereinafter EEOC).
Under Section 703(a) of Title VII of the Civil Rights Act of 1964 (Title VII), it is unlawful for any employer to discriminate against any individual with respect to his ...terms, conditions, or privileges of employment because of such individual's sex.
HARASSMENT: Unwelcome sexual advances, request for sexual favors, physical conduct of a sexual nature or other verbal conduct of a sexual or discriminatory nature constitutes harassment when such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment.
Prevention is the best tool for the elimination of sexual harassment. An employer should take all steps necessary to prevent such harassment from occurring, such as affirmatively raising the subject, expressing strong

disapproval, developing appropriate sanctions, informing employees of their right to raise the issue of harassment under Title VII without reprisal, and developing methods to sensitize all concerned.
RETALIATION: Under Section 704(a) of Title VII, it shall be an unlawful employment practice for an employer to discriminate against any of his employees because he has opposed any practice made an unlawful employment practice by these sub-chapters, or because he has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under these sub-chapters.
WE WILL NOT engage in any acts or practices made unlawful by the above statutory sections.
WE WILL NOT engage in any harassment of employees based on sex.
WE WILL NOT retaliate against employees for complaining about harassment based on sex.

A copy of this Notice will be posted in a conspicuous place where employee notices are ordinarily placed and will be replaced if it becomes defaced, marred or otherwise made unreadable
By:
(Name and Title) HOME PARAMOUNT PEST CONTROL COMPANIES, INC.
Dated:_ _ _ _ __
Date posting expires:_ _ _ _ _ _ _ __