UNITED STATESDISTRICT COURT FOR THE
DISTRICT OF MARYLAND SOUTHERNDIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, 10S.Howard Street,Suite3000 Baltimore,Maryland 21201
Plaintiff,

)

)

)

"l.Y

)

) CIVil.A. CTIONNt,JN 0 6 CV2 0 1 8

v.

)

KBJN, INC., tla BURGER KING, 21650GreatMills Road LexingtonPark,Maryland 20653
Defendant.

)

COMPLAINT

)

)

JURY TRIAL DEMAND

)

)

.)

NATURE OF THE ACTION

This is anactionunderTitle VII of the Civil RightsAct of 1964andTitle I of the Civil

RightsAct of 1991,to correctunlawful employmentpracticeson thebasisof sexandto provide

appropriaterelief to JaneDoe,a minor, who wasadverselyaffectedby suchpractices.The

CommissionallegesthatMs. Doe wassubjectedto unwelcomesexualadvancesi,nnuendoand

otherverbalandphysicalconductof a sexualnatureconstitutingsexualharassmenbt y a co-

worker. This sexualharassmenwt assufficiently severeandpervasiveenoughto alterthe

conditionsorMs. Doe'semploymentandto createanabusiveworking environmentso

intolerablethat Ms. Doe wasconstructivelydischarged.

JURISDICTION AND VENUE

Jurisdictionof this Courtis invokedpursuantto 28 U.S.C.Sections451, 1331,

1337,1343and 1345. This actionis authorizedandinstitutedpursuantto Section706(f)(I) and

2.
fARTIES
3.
4.
5.
£TATEMENT OF CLAIM~
6.
conditionsprecedento the institution of this lawsuithavebeenfulfilled. 7. The practicesinclude physical touching,the

worker. This sexualharassmenrtesultedin Ms. Doebeingsubjectedto a hostile working

environment,andworking conditionssointolerablethat shewasconstructivelydischargedfrom

herpositionasa food serviceworker.
8. The effectof thepracticescomplainedof abovehasbeento depriveMs. Doe of

equalemploymentopportunitiesandotherwiseadverselyaffecther statusasanemployee

becauseof her sex

9.

Theunlawful employmentpracticescomplainedof abovewereintentional.

10. The unlawful employmentpracticescomplainedof aboveweredonewith malice

and/orrecklessindifferenceto the federallyprotectedrights of JaneDoe.

PRAYERFOR RELIEF

Wherefore,the Commissionrespectfullyrequeststhat this Court.

A Granta pennanentinjunction enjoiningDefendantEmployer,its officers,

successorsa,ssignsandall personsin activeconcertor participationwith it, from engagingin

sexualharassmenat ndany otheremploymentpracticewhich discriminateson thebasisof sex.

B OrderDefendantEmployerto instituteandcarry out policies,practicesand

programswhich provide equalemploymentopportunitiesfor women,andwhich eradicatethe

effectsof its pastandpresentunlawful employmentpractices.
c OrderDefendantEmployerto makewhole JaneDoeby providing appropriate

backpay with prejudgmentinterest,in amountsto be detenninedat trial, andotheraffirmative

relief necessaryto eradicatethe effectsof its unlawful employmentpractices.

D. OrderDefendantEmployerto makewhole JaneDoe,by providing compensation

for pastandfuture pecuniarylossesresultingfrom the unlawful employmentpracticesdescribed

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above,including but not limited to medicalexpensesandjob searchexpensesi,n amountsto be detennined at trial.
Eo OrderDefendantEmployerto makewhole JaneDoe,by providing compensation for non-pecuniarylossesresultingfrom theunlawful employmentpracticesdescribedabove, includingemotionalpain andsuffering,shock,anxiety,humiliation andlossof enjoymentof life in amounts to be detennined at trial.
Fo OrderDefendantEmployerto pay JaneDoe punitive damagesfor its malicious and/orrecklessconduct,in anamountto be detenninedat trial.
G. Grantsuchfurtherrelief asthe Court deemsnecessaryandproper
H Award the Commissionits costsin this action. JURY TRIAL DEMAND
The Commissionrequestsajury trial on all questionsof fact raisedby its complaint Respectfullysubmitted, JAMES L. LEE Acting GeneralCounsel
.1

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION BaltimoreDistrict Office 10S. HowardStreet,3rd FIr. Baltimore,MD 21201 Tel: (410) 962-3852
$

 
 Case 8:06-cv-02018-PJM Document 15 Filed 01/17/2007 Page 1 of 6

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v.
KBJN, INC., tla BURGER KING, Defendant.

) ) ) ) ) ) Civil Action No. PJM-06-2018 ) ) ) ) ) )

CONSENT DECREE This action was instituted by Plaintiff, the U.S. Equal Employment Opportunity Commission (the "EEOC" or the "Commission") against KBJN, Inc. t/a Burger King, (hereinafter "Defendant"), alleging that Defendant violated Section 703 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. Section 2000e-2(a)(1), when it subjected a minor (known as "Jane Doe" for purposes of this litigation) to sexual harassment and constructively discharged her. The parties agree that it is in their mutual interest to fully resolve the matter without further litigation. The Court has examined this Decree and finds that it is reasonable and just and in accordance with the Federal Rules of Civil Procedure and Title VII. Therefore, upon due consideration of the record herein and being fully advised in the premises, it is ORDERED, ADJUDGED AND DECREED:
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Case 8:06-cv-02018-PJM Document 15 Filed 01/17/2007 Page 2 of 6
Scope of Decree 1. This Decree resolves all issues and claims alleged in the Complaint filed by the Commission in this Title VII action which emanated from a charge of discrimination, charge number 120-2006-00149, filed by a minor known as "Jane Doe" for purposes of this litigation. 2. This Decree shall be in effect for a period of three years from the date it is entered by the Court. During that time, this Court shall retain jurisdiction over this matter and the parties for purposes of enforcing compliance with the Decree, including issuing such orders as may be required to effectuate the purposes of the Decree. 3. This Decree, being entered with the consent of the EEOC and Defendant, shall not constitute an adjudication or finding on the merits of the case.
Relief to Jane Doe 4. Within ten business days of entry of this decree, Defendant shall pay relief in the total amount of $20,000, representing $4,000 in back wages, $8,000 in compensatory damages, and $8,000 in attorneys' fees. The check will be sent directly to the individual known as Jane Doe for purposes of this litigation, and a photocopy of the check and related correspondence will be mailed to the EEOC's counsel of record. Plaintiff will provide Defendant with Jane Doe's legal name, social security number, and current address within five business days of entry of this decree. Defendant will issue to the individual known as Jane Doe a United States Internal Revenue Services W-2 Form for the back pay amount paid and a United States Internal Revenue Service 1099 Form for the compensatory damages paid. The check for the attorneys' fees shall be sent directly to Lebau & Neuworth, LLC, 606 Baltimore Avenue, Suite 201, Baltimore, MD 21204.
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Case 8:06-cv-02018-PJM Document 15 Filed 01/17/2007 Page 3 of 6
Injunctive Relief 5. Defendant, its officers, agents, servants, employees, successors, assigns, and all persons acting or claiming to act on their behalf are hereby enjoined from sexually harassing, and condoning the sexual harassment of, any employee of Defendant. The prohibited harassment includes the use of offensive or derogatory comments, or other verbal or physical conduct based on an individual's sex, which creates an intimidating, hostile, or offensive working environment, or interferes with the individual's work performance. Such sex-based harassment violates Title VII, which, in part, is forth below: It shall be an unlawful employment practice for an employer -(1) to discriminate against any individual with respect to [her] ... terms, conditions, or privileges of employment, because of such individual's ... sex .. .. 42 U.S.c. § 2000e-2(1). 6. Within 30 days of the Court's entry of the Decree, Defendant shall review its sexual harassment policy which shall clearly describe the proper procedure to file an internal sexual harassment complaint and shall include a 1-800 hotline to report sexual harassment. Such policy shall be provided within 30 days of the Court's entry of the Consent Decree to the Commission's counsel of record. 7. Within 45 days for managerial employees and 180 days for nonmanagerial employees, all Defendant employees shall be required to attend a training program lasting at least two hours for managers and at least one hour for non-managerial employees. The training shall cover the prevention of employment discrimination and compliance with federal antidiscrimination laws, with a particular emphasis on the prohibition against sexual harassment, and shall be conducted by a qualified representative of the Maryland Commission on Human
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Case 8:06-cv-02018-PJM Document 15 Filed 01/17/2007 Page 4 of 6
Relations or a qualified consultant or law firm agreed upon by the parties. Within ten business days of providing each such training session, Defendant will furnish EEOC with a signed attendance list, the date and duration of the training, an outline of the training conducted, and a certification of completion of the mandatory training. For the duration of the Decree, Defendant shall provide this same training to all newly hired officers, managers, supervisors, and employees. Such training may include videotape or other forms of recorded presentations and shall be conducted within 30 days after the newly hired person begins working for the Defendant.
S. For duration of this Decree, Defendant shall implement and promote a "Youth at Work Initiative" it its facilities. This Youth at Work Initiative will include the issuance of a notice of rights to all employees who are eighteen (IS) years of age or younger at the time of their hire as well as to their custodial parents(s). Attachment A contains a copy the notice of rights.
9. Upon approval of this Decree, Defendant will post immediately in all places where notices are customarily posted for the employees, the Notice attached hereto as Attachment B and made a part hereof. Said Notice shall be posted and maintained for the duration of the Decree and shall 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 are posted in the same manner as heretofore specified. Within 30 days of approval of this Decree, Defendant shall forward to the EEOC's attorney ofrecord a copy of the signed Notice attached hereto and written certification that the Notice referenced herein has been posted and a statement of the
4

Case B:06-cv-0201B-PJM Document 15 Filed 01/17/2007 Page 5 of 6

location(s) and date of posting. Reporting & Monitoring
10. Every 90 days following the entry of this Consent Decree, and continuing throughout the life of the Decree, Defendants will report in writing to the Commission's counsel of record concerning the implementation of this Decree. The report will include the following information: Copies of any formal or informal complaints of sexual harassment made by any employee, including but not limited to internal complaints, administrative charges, and lawsuits, and for every complaint, whether oral or written, the name of the complainant, and a detailed explanation of Defendant's actions taken in response to the complaint, including any investigative and corrective measures taken.
11. The Commission may monitor compliance during the duration of this Decree by reasonable inspection of Defendant's premises and records, and by interviewing its employees. Upon five business days notice, Defendant will make available any facility for inspection and make available for inspection and copying any records or witnesses.
12. The Commission and Defendant shall bear their own costs and attorneys' fees. 13. The undersigned counsel of record in the above-captioned action hereby consent to the entry of the foregoing Consent Decree.

FOR DEFENDANT:
lsi
Joseph B. Chazen, Esq.. (signed by Maria Salacuse wi permission of Joseph B. Chazen, Esq.) Counsel for KBJN, Inc. tla Burger King Meyers Rodbell & Rosebaum, P.A. 6801 Kenilworth Avenue

FOR PLAINTIFF:
lsi
Jacqueline McNair Regional Attorney
lsi
Debra M. Lawrence Supervisory Trial Attorney
5

Case 8:06-cv-02018-PJM Document 15 Filed 01/17/2007 Page 6 of 6

Riverdale, MD 20737-1385

/s/ Maria Salacuse Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Baltimore Field Office 10 S. Howard Street, 3d Floor Baltimore, MD 21201

I JY d9-"C~ SO ORDERED, ADJUDGED, AND DECREED

Signed Ibis

day of

, 2007

~

--;/;'/
(J/

~

Peter 1.

, United States District Court Judge

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Case 8:06-cv-02018-PJM Document 15-2 Filed 01/17/2007 Page 1 of 1
ATTACHMENT A
KBJN, INC. T/A BURGER KING'S YOUTH AT WORK INITIATIVE FOR ASSOCIATES 18 AND UNDER
KBJN, Inc. tla Burger King (KBJN) employees have a right to work in an environment free from any form of harassment or discrimination regarding race, sex, religion, age (40 or older), color, national origin, or disability. As a young worker who may be in the workplace for the first time, we want to make sure you fully understand your rights and responsibilities, and we want to make sure you are aware of the numerous avenues we provide to report concerns you may have about your work environment.
I. Your Rights As an Employee
1. You have a right to work in an environment free from harassment or discrimination based on race, sex, religion, age (40 or older), color, national origin, or disability. A more detailed definition of prohibited harassment and discrimination is set forth in your Employee Handbook.
2. You have a right to complain about treatment that you believe is inconsistent with the rights outlined above. You will not be punished for complaining, and you will not be harassed or treated differently if you report inappropriate conduct or help another associate report inappropriate conduct, even if it turns out that the conduct was not illegal. This is known as your right to be protected against retaliation.
II. Your Responsibilities as an Employee
1. You have a responsibility to behave professionally at work and to avoid engaging in conduct that interferes with other employees' right to work in an environment free from harassment and discrimination.
2. If you feel you or anyone else has been harassed or discriminated against, you have a responsibility to immediately contact supervisor, manager, District Manager, Director of Human Resources, or any other executive management person, or you can call [INSERT 1-800 NUMBER]. Never delay reporting any concerns you have. We cannot help you until you help us learn about your concerns.
Please sign below to acknowledge you understand the rights and responsibilities described above. Welcome to the KBJN team!
Employee's Signature: _ _ _ _ _ _ _ _ _ _ __ Date:

Parent's Signature: - - - - - - - - - - - -
Parent's Signature: ____________

Date: Date:

General Manager: ____________

Date:

Case 8:06-cv-02018-PJ M Docu ment 15-3 Filed 01/17/2007 PaQe 1 of2 Attachment B
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

This Notice is being posted as part of an agreement between the Equal Employment Opportunity Commission ("EEOC") and KBJN, Inc. t/a Burger King ("KB1N") which outlines KB1N's obligations under Title VII of the Civil Rights Act of 1964, as amended.
Title VII prohibits employment discrimination based on sex (including pregnancy), race, color, national ongm, or religion. Unlawful discrimination can take the form of harassment based on one of these protected categories. Title VII also prohibits retaliation against individuals who have complained of or opposed discrimination.
Therefore, in accordance with the applicable law:
KBJN WILL NOT engage in any acts or practices made unlawful under Title VII.
KBJN WILL NOT tolerate sexually offensive comments or conduct in the workplace.

KBJN's policy provides that persons who believe that they have been subjected to unlawful discrimination may report it to a supervisor, General Manager, District Manager, Director of Human Resources, or any other executive management person. Reports of discrimination may also be reported to KBJN at [INSERT 1-800 NUMBER]. KBJN will thoroughly investigate all such complaints with due regard for the privacy of the individuals involved. Any employee who knowingly retaliates against an employee who has complained of discrimination shall be subject to immediate disciplinary action, up to and including discharge.
If you have a complaint of employment discrimination or questions regarding laws prohibiting employment discrimination, you may seek assistance from the EEOC by visiting the EEOC's Baltimore Field Office at 10 South Howard Street, 3rd Floor, Baltimore, Maryland 21201 or by calling 1-800-669-4000. General information may also be obtained on the Internet at www.eeoc.gov.

President KBJN, Inc. tla Burger King

Case 8:06-cv-02018-PJM Document 15-3
Date Posted:

Filed 01/17/2007 Page 2 of 2 Attachment B

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

EEOC , Plaintiff,
v. KBJN, Inc., t/a BURGER KING,
Defendant.

*

*

*

*

*

Civil No. PJM 06-2018

*

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*

FINAL ORDER OF JUDGMENT The parties have advised the Court that,pursuant to a Consent Decree signed by the Court today, the above action has settled all counterclaim s, cross-claims, third-party claims, and attorneys’ fees, if any. The Consent Decree gi ves the Court c ontinuing jurisdiction in the case. Accordingly, it is this 18th day of January, 2007, ORDERED, that this case is ADMINISTRATIVELY CLOSED. It is further ORDERED that the Clerk ofthe Court shall mail copies of this Order to counsel of record.
/s/ PETER J. MESSITTE UNITED STATES DISTRICT JUDGE

 
 District of Maryland (CM/ECF Live 3.0) - Docket Report

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?109950905283461-L_3...

U.S. District Court District of Maryland (Greenbelt) CIVIL DOCKET FOR CASE #: 8:06-cv-02018-PJM

CLOSED

EEOC v. KBJN, Inc. Assigned to: Judge Peter J. Messitte Cause: 28:451 Employment Discrimination Plaintiff EEOC
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Date Filed: 08/03/2006 Date Terminated: 01/19/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by 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 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Maria Salacuse U S Equal Employment Opportunity Commission Baltimore Field Office 10 S. Howard Street, 3rd Floor Baltimore, MD 21201 14102092733 Fax: 14109624341 Email: maria.salacuse@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
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 ATTORNEY TO BE NOTICED
Erica Denise White Dunston
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V.
Defendant
KBJN, Inc. trading as Burger King

US Equal Employment Opportunity Commission 10 S Howard St Third Fl Baltimore, MD 21201 14109623932 Fax: 14109624270 Email: erica.white-dunston@eeoc.gov TERMINATED: 01/04/2007
represented by Joseph B Chazen Meyers Rodbell and Rosenbaum PA 6801 Kenilworth Ave Ste 400 Riverdale, MD 20737-1385 13016995800 Fax: 13017795746 Email: jchazen@mrrlaw.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/03/2006 08/03/2006 08/04/2006 08/08/2006
10/16/2006 11/27/2006 11/29/2006 12/01/2006 12/01/2006

#

Docket Text

1 COMPLAINT against KBJN, Inc. , filed by EEOC. (Attachments: # 1 Civil Cover Sheet)(ljs, Deputy Clerk) (Entered: 08/04/2006)
Jury Trial Demand by EEOC. (ljs, Deputy Clerk) (Entered: 08/04/2006)
2 NOTICE OF LAWSUIT AND REQUEST FOR WAIVER of Service as to KBJN, Inc. by EEOC. (ljs, Deputy Clerk) (Entered: 08/04/2006)
3 Request for Entry of Appearance on Behalf of a Federal Government Agency and ORDER approving the appearance of Jacqueline H. McNair for U.S. Equal Employment Opportunity Commission. Signed by the Clerk on 08/07/2006. (c/m 8/8/06)(elt, Deputy Clerk) (Entered: 08/08/2006)
4 Summons Issued 20 days as to KBJN, Inc. (elt, Deputy Clerk) (Entered: 10/16/2006)
5 Correspondence from courtroom deputy re: effectuation of service. (esp, Deputy Clerk) (Entered: 11/27/2006)
6 NOTICE of Appearance by Joseph B Chazen on behalf of all defendants (Chazen, Joseph) (Entered: 11/29/2006)
7 NOTICE of Appearance by Maria Salacuse on behalf of EEOC (Salacuse, Maria) (Entered: 12/01/2006)
8 SUMMONS Returned Executed by EEOC. KBJN, Inc. served on 11/21/2006, answer due 12/11/2006. (White Dunston, Erica) (Entered: 12/01/2006)

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12/08/2006 12/11/2006 12/29/2006 01/02/2007 01/03/2007 01/04/2007
01/17/2007 01/19/2007
01/19/2007

9 Consent MOTION for Extension of Time by KBJN, Inc.. Responses due by 12/26/2006 (Chazen, Joseph) (Entered: 12/08/2006)
10 PAPERLESS ORDER GRANTING 9 Consent Motion for Extension of Time for Defendant to File Answer by January 3, 2007. Signed by Judge Peter J. Messitte on 12/11/06. (Messitte, Peter) (Entered: 12/11/2006)
11 NOTICE to Substitute Attorney (White Dunston, Erica) (Entered: 12/29/2006)
12 Consent MOTION for Extension of Time to File Answer by KBJN, Inc.. Responses due by 1/19/2007 (Smith, Gina) (Entered: 01/02/2007)
13 PAPERLESS ORDER GRANTING 12 Consent Motion for Extension of Time for KBJN, Inc. to File Answer re 1 Complaint by 1/17/2007. Signed by Judge Peter J. Messitte on 1/3/07. (Messitte, Peter) (Entered: 01/03/2007)
14 PAPERLESS ORDER APPROVING 11 Notice to Substitute Attorney. STRIKING the Appearance of Attorney Erica D. White-Dunston; ENTERING the Appearance of Attorney Maria Salacuse as counsel for Plaintiff. Signed by Judge Peter J. Messitte on 1/4/07. (Messitte, Peter) (Entered: 01/04/2007)
15 SETTLEMENT AGREEMENT /CONSENT DECREE by EEOC. (Attachments: # 1 Exhibit Youth At Work Initiative# 2 Exhibit Notice)(Salacuse, Maria) (Entered: 01/17/2007)
16 FINAL ORDER OF JUDGMENT. The parties have advised the Court that, pursuant to a Consent Decree signed by the Court today, the above action has settled all counterclaims, cross-claims, third-party claims, and attorneys' fees, if any. The Consent Decree gives the Court continuing jurisdiction in the case. Accordingly, it is Ordered taht this case is ADMINISTRATIVELY CLOSED. Signed by Judge Peter J. Messitte on 1/18/2007. (elt, Deputy Clerk) (Entered: 01/19/2007)
17 CONSENT DECREE and approval. Signed by Judge Peter J. Messitte on 1/18/2007. (elt, Deputy Clerk) (Entered: 01/19/2007)

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