UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MARYLAND NORTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Baltimore District Office 10 S. Howard Street, 3rd Fl. Baltimore, Maryland 21201
Plaintiff,
v.
BLUEHIPPO FUNDING, LLC, 7000 Security Blvd. Baltimore, Maryland 21224
Defendant.

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Civil Action No.

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COMPLAINT

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JURY TRIAL DEMAND

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NATURE OF THE ACTION This is an action under the Age Discrimination in Employment Act to correct unlawful employment practices on the basis of age and to provide appropriate relief to Anthony Deluca and other similarly situated aggrieved individuals. The Commission alleges that since at least April 1, 2003, Defendant has discharged individuals at least age of forty because of their age.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 7(b) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(b) (the “ADEA”), which incorporates by reference Sections 16(c) and 17 of the Fair Labor Standards Act of 1938

(the “FLSA”), as amended, 29 U.S.C. §§ 216(c) and 217. 2. The employment practices alleged to be unlawful were committed within the
jurisdiction of the United States District Court for the District of Maryland, Northern Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the “Commission”), is the agency of the United States of America charged with the administration, interpretation and enforcement of the ADEA and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), as amended by Section 2 of Reorganization Plan No. 1 of 1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 4. At all relevant times, Defendant BlueHippo Funding, LLC, a Maryland corporation, has continuously been doing business in the State of Maryland and the City of Baltimore, and has continuously had at least 20 employees. 5. At all relevant times, Defendant BlueHippo Funding, LLC, has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 11(b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630(b), (g) and (h).
CONCILIATION 6. Prior to institution of this lawsuit, the Commission's representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with the ADEA through informal methods of conciliation, conference and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
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STATEMENT OF CLAIMS 7. Since at least April 1, 2003, Defendant BlueHippo Funding, LLC, has engaged in unlawful employment practices at its Baltimore, Maryland facility, in violation of Section 4(a) of the ADEA, 29 U.S.C. § 623(a). The practices include discharging Anthony Deluca and other similarly situated individuals at least age 40 because of their age. 8. The effect of the practices complained of in paragraph 7 above has been to deprive Anthony Deluca and similarly situated individuals at least age 40 of equal employment opportunities and otherwise adversely affect their status as employees because of their age. 9. The unlawful employment practices complained of in paragraph 7 above were and are willful within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant BlueHippo Funding, LLC, its officers, successors, assigns and all persons in active concert or participation with it, from discharging individuals on the basis of age and engaging in any other employment practice which discriminates on the basis of age against individuals 40 years of age and older. B. Order Defendant BlueHippo Funding, LLC, to institute and carry out policies, practices and programs which provide equal employment opportunities for individuals 40 years of age and older, and which eradicate the effects of its past and present unlawful employment practices.
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C. Grant a judgment requiring Defendant BlueHippo Funding, LLC, to pay appropriate back wages in an amount to be determined at trial, an equal sum as liquidated damages, and prejudgment interest to individuals whose wages are being unlawfully withheld as a result of the acts complained of above, including but not limited to Anthony DeLuca.
D. Order Defendant BlueHippo Funding, LLC, to make whole all individuals adversely affected by the unlawful practices described above, by providing the affirmative relief necessary to eradicate the effects of its unlawful practices, including but not limited to reinstatement of Anthony Deluca and/or provide front pay where appropriate.
E. Grant such further relief as the Court deems necessary and proper in the public interest.
F. 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.
Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
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/s/ GERALD S. KIEL Regional Attorney
/s/ DEBRA M. LAWRENCE Supervisory Trial Attorney
/s/ MARIA SALACUSE Trial Attorney Federal Bar No. 15562 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 10 S. Howard Street, 3rd Floor Baltimore, Maryland 21201 (410) 962-4341
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 UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MARYLAND NORTHERN DIVISION

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EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION,

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Plaintiff,

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BLUEHIPPO FUNDING, LLC,

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Defendant.

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Civil Action No. WMN-04-3033

CONSENT DECREE This action was instituted by Plaintiff, the U. S. Equal Employment Opportunity Commission (the "EEOC" or the "Commission"), against Defendant BlueHippo Funding, LLC, ("Defendant"), alleging that Defendant violated Section 4(a) of the ADEA, 29 U.S.c. § 623(a), by discharging Anthony Deluca and other similarly situated individuals at least age 40 because of their age. Defendant filed an Answer denying this allegation, and does not admit, concede, nor waive its position that it has violated any laws, including the ADEA. The Commission and Defendant desire to resolve this action without the time and expense of continued litigation, and they desire to enter a Decree, which will resolve this action. The Court has examined this Decree and finds that it is reasonable and just and in accordance with the Federal Rules of Civil Procedure. Therefore, upon due consideration of the record herein and being fully advised in the premises, it is ORDERED, ADJUDGED AND DECREED:

Scope of Decree 1. This Decree resolves all issues and claims in the Complaint filed by the Commission in this ADEA action which emanated from the Charge of Discrimination filed by Anthony Deluca. The Commission will not pursue further litigation on any and all issues raised in the above referenced Charge and Complaint. 2. This Decree shall be in effect for a period of two (2) 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 necessary 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.
Monetary Relief 4. The parties acknowledge that Defendant has compensated Anthony Deluca monetarily prior to the institution of this action. 5. Within fifteen (15) business days of entry of this Decree, Defendant shall: a. Pay Raymond Jones monetary relief in the total amount of $4,658.76. The check will be sent directly to Mr. Jones, and a photocopy of the checks and related correspondence will be mailed to the EEOC, Baltimore District Office, lOS. Howard Street, 3rd Floor, Baltimore, Maryland 21201. Defendant will issue Mr. Jones a United States Internal Revenue Services W-2 Form for the back pay amount paid; and b. Pay David Schloss monetary relief in the total amount of $8,826.66. The check will be sent directly to Mr. Schloss, and a photocopy of the checks and related
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correspondence will be mailed to the EEOC, Baltimore District Office, lOS. Howard Street, 3rd Floor, Baltimore, Maryland 21201. Defendant will issue Mr. Schloss a United States Internal Revenue Services W-2 Form for the back pay amount paid.
Injunctive Relief 6. Defendant, its President/Chief Executive Officer, Chief Financial Officer, Chief Operating Officer, Chief Marketing Officer, Chief Technology Officer, General Counsel, its managers and employees with responsibility for supervising employees and decision-making authority regarding employment, compensation, or promotion, successors, assigns, and all persons acting or claiming to act on their behalf are hereby enjoined from discriminating against employees at least age 40. Such discrimination violates the ADEA, which in part, is set forth below:
(a)(1) It shall be unlawful for an employer to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, privileges of employment, because of such individual's age; 29 U.S.C. § 623(a)(1). 7. Within sixty (60) business days from the date of entry of the Decree, Defendant's President/Chief Executive Officer, Chief Financial Officer, Chief Operating Officer, Chief Marketing Officer, Chief Technology Officer, General Counsel, its managers and employees with responsibility for supervising employees and decisionmaking authority regarding employment, compensation, or promotion shall be required to attend a training program lasting at least two (2) hours. The training shall cover the prevention of age discrimination and compliance with federal age discrimination laws, and shall be conducted by an outside consultant or law firm approved by the EEOC,
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which approval shall not be unreasonably withheld. For the duration of the Decree, Defendant shall provide this same training to all newly hired officers with responsibility for supervising employees and decision-making authority regarding employment, compensation, or promotion as set forth herein. Two (2) times annually 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.
8. Defendant shall revise its policy concerning the prohibition of age discrimination in the workplace in the following manner: by explaining how federal law prohibits discrimination on the basis of age by identifying those individuals to whom complaints of age discrimination should be directed; by assuring that employees who complain of age discrimination or provide information related to such complaints will be protected against retaliation; by assuring that the complaint process will be confidential and will include a prompt, thorough, and impartial investigation; by assuring that Defendant will take immediate and appropriate corrective action when it determines that age discrimination has occurred. This policy, once revised and approved as discussed below, will be distributed to all Defendant employees, both officers and non-officers, and shall be included in any relevant policies or employee manuals maintained by Defendant. The policy will also be posted in a conspicuous and accessible place for all employees.
a. Within thirty (30) business days after entry of the Consent Decree, Defendant shall submit the revised policy to Commission's counsel of record for approval. The Commission will notify Defendant within fourteen (14) days as to whether
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the policy is acceptable. In the event the proposed policy is not acceptable to the EEOC, the parties will confer in good faith and attempt to reach an agreement no later than thirty (30) days after receiving EEOC's objection. In the event the parties are unable to reach an agreement they shall submit their dispute to the Court with a request for a referral to a United States Magistrate for mediation.
b. Within thirty (30) business days after the revised policy has been approved by the Commission, Defendant shall provide written certification to Commission's counsel of record that the revised policy has been distributed and posted in the manner described above.
9. Within thirty (30) business days after entry of this Decree, Defendant will post the Notice attached hereto (Attachment A) in all places where notices to employees are customarily posted at Defendant's facilities. The Notice shall be posted and maintained for two (2) years and shall be signed by the Defendant's General Counsel, with the date of actual posting shown thereon. In the event that there is a change in General Counsel during this time period, a revised Notice signed by the new General Counsel will be posted, and the EEOC will receive written notification of same. 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 thirty (30) calendar days of entry of the Decree, Defendant shall forward to the EEOC's Baltimore District Office, a copy of the signed Notice and written certification that the Notice referenced herein has been posted and a statement of the locations and dates of posting.
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10. The Commission and Defendant shall bear their own costs and attorneys' fees.
11. The undersigned counsel of record in the above-captioned action hereby consent, on behalf of their respective clients, to the entry of the foregoing Consent Decree.

FOR DEFENDANT:

FOR PLAINTIFF:

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Judith Sturtz Karp, Esq. (#24941) (signed by Maria Salacuse with permission of Judith Sturtz Karp) KIRKPATRICK & LOCKHART NICHOLSON GRAHAM, LLP 1800 Massachusetts Avenue, NW Washington, DC 20036

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Gerald S. Kiel Regional Attorney
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Debra Lawrence Supervisory Trial Attorney

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Maria Salacuse, Esq. (#15562) Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION Baltimore District Office lOS. Howard Street, 3d Floor Baltimore, Maryland 21201

SO ORDERED.

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Signed and entered this 1/1t day Of---=~~lII<.EIIoo::::E:___:' 2005.

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William N. Nickerson United States District Court Judge

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ATTACHMENT A
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

This Notice is being posted as part of an agreement between the Equal Employment Opportunity Commission (EEOC) and BlueHippo Funding, LLC (BlueHippo).
Under Section 4(a) of the Age Discrimination in Employment Act of 1967, as amended (ADEA), it is unlawful for an employer "to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age." 29 U.S.c. § 623(a)(1).
Therefore, in accordance with the applicable law:
BLUEHIPPPO WILL NOT engage in any acts or practices made unlawful by the above section.
BLUEHIPPO WILL conduct its employment practices without regard to age.

BlueHippo's policy provides that persons who believe that they have been subjected to unlawful age discrimination or retaliation may report it to the General Counsel, the ChiefOperating Officer or Chief Executive Officer. BlueHippo will thoroughly investigate all such claims with due regard for the privacy of the individuals involved.
If you have a complaint of age discrimination or a question regarding any of the laws prohibiting employment discrimination, you may seek assistance from the EEOC by visiting the EEOC's Baltimore District Office at lOS. Howard Street, 3rd Floor, Baltimore, Maryland 21201 or by calling (410) 962-3932. General information may also be obtained on the Internet at www.eeoc.gov.
Shawn D. Bartley, Esq. General Counsel
Date Posted:

 
 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 #: 1:04-cv-03033-WMN

Equal Employment Opportunity Commission v. Bluehippo Funding, LLC, Assigned to: Judge William M Nickerson Cause: 29:626 Job Discrimination (Age)

Date Filed: 09/22/2004 Date Terminated: 04/07/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by 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

Gerald S Kiel US Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624207 Fax: 14109624270 Email: gerald.kiel@eeoc.gov ATTORNEY TO BE NOTICED

Gwendolyn Young Reams U S Equal Employment Opportunity

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V. Defendant Bluehippo Funding, LLC,

Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624260 Fax: 14109622817
represented by Judith Sturtz Karp Kirkpatrick and Lockhart LLP 1601 K Street NW Washington, DC 20006 12027789000 Fax: 12027789100 Email: jkarp@klng.com ATTORNEY TO BE NOTICED

Date Filed 09/22/2004 09/22/2004 09/23/2004 12/09/2004 12/09/2004 12/10/2004 12/21/2004 01/19/2005 01/21/2005

#

Docket Text

1 COMPLAINT against Bluehippo Funding, LLC, , filed by Equal Employment Opportunity Commission.(slv2, Deputy Clerk) Additional attachment(s) added on 9/23/2004 (slv2, Deputy Clerk). (Entered: 09/23/2004)
JURY TRIAL DEMAND by Equal Employment Opportunity Commission. (slv2, Deputy Clerk) (Entered: 09/23/2004)
2 Summons Issued (20 days) as to Bluehippo Funding, LLC,. (slv2, Deputy Clerk) (Entered: 09/23/2004)
3 SUMMONS Returned Executed by Bluehippo Funding, LLC,. Bluehippo Funding, LLC, served on 11/19/2004, answer due 12/9/2004. (Salacuse, Maria) (Entered: 12/09/2004)
4 ANSWER to Complaint by Bluehippo Funding, LLC,. (Attachments: # 1 Defendant's Rule 7.1(a) Disclosure Statement)(Karp, Judith) (Entered: 12/09/2004)
5 SCHEDULING ORDER: Status Report due by 4/25/2005. Signed by Judge William M Nickerson on 12/10/04. (mcb, Deputy Clerk) (Entered: 12/10/2004)
6 STATUS REPORT /Joint Report by Equal Employment Opportunity Commission. (Salacuse, Maria) (Entered: 12/21/2004)
7 ORDER REFERRING CASE to Magistrate Judge Paul W. Grimm for Settlement or other ADR Conference. Signed by Judge William M Nickerson on 1/19/05. (jlb, Deputy Clerk) (Entered: 01/19/2005)
8 ORDER SCHEDULING Settlement Conference. Signed by Judge Paul W. Grimm on 1/21/05. (jlb, Deputy Clerk) (Entered: 01/21/2005)

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04/06/2005 04/07/2005 04/07/2005

9 SETTLEMENT AGREEMENT /Consent Decree by Equal Employment Opportunity Commission. (Attachments: # 1)(Salacuse, Maria) (Entered: 04/06/2005)
Judge Paul W. Grimm no longer assigned to case. (jlb, Deputy Clerk) (Entered: 04/07/2005)
10 CONSENT DECREE and APPROVAL. Signed by Judge William M Nickerson on 4/7/05. (jlb, Deputy Clerk) (Entered: 04/07/2005)

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