UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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)

EQUAL EMPLOYMENT OPPORTUNITY )

Civil Action No.

COMMISSION,

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)

Plaintiff,

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COMPLAINT

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v.

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JURY TRIAL DEMAND

OCS GROUP, INC.

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Defendant.

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NATURE OF THE ACTION

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

of 1991 to correct unlawful employment practices on the basis of race, color, and/or national origin and

to provide appropriate relief to Lovell Ologbosere, Paul Noble, Abdou Touray, and Eric Minta, who were

adversely affected by such practices. Plaintiff, the U.S. Equal Employment Opportunity Commission

(“EEOC”), alleges that Defendant, OCS Group, Inc. (“OCS” or “Defendant”) subjected Lovell

Ologbosere, Paul Noble, Abdou Touray, and Eric Minta to discrimination because of their race (Black),

color (dark-complexioned) and/or national origin (accent) by paying them lower wages than similarly

situated Caucasian, Hispanic, and/or lighter-complexioned security guards who do not speak with an

accent and performed the same or substantially similar work, in violation of Section 703(a) of Title VII of

the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-2(a).

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 Sections 706(f)(1) and (3) of Title VII of the

Civil Rights Act of 1964, as amended, 42 U.S.C. § 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 unlawful were committed within, but not limited to, the jurisdiction of the United States District Court for the Southern District of New York.
PARTIES 3. Plaintiff EEOC is the agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII and is expresslyauthorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, OCS, has continuously been doing business in the State of New York and the county of New York, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant, OCS, has continuouslybeen an employerengagedin an industry affecting commerce within the meaning of Sections 701(b), (g), and (h) of Title VII, 42 U.S.C. §§ 2000e(b),(g), and (h).
STATEMENT OF CLAIMS 6. More than thirtydays prior to the institution of this lawsuit, Lovell Ologbosere, Paul Noble, Abdou Touray, and Eric Minta filed charges with EEOC alleging violations of Title VII by OCS. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least 2000, Defendant, OCS, engaged in unlawful employment practices at one of its sites in Manhattan, New York, in violation of Section 703 of Title VII, 42 U.S.C. §2000e-2(a). These practices include subjecting Lovell Ologbosere, Paul Noble, Abdou Touray, and Eric Minta to discrimination because of their race (Black), color (dark-complexioned) and/or national origin (accent) by
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paying them lower wages than similarly situated Caucasian, Hispanic, and/or lighter-complexioned security guards who do not speak with an accent and performed the same or substantially similar work.
8. The effect of the practices complained of in Paragraph 7 above has been to deprive Lovell Ologbosere, Paul Noble, Abdou Touray, and Eric Minta of equal employment opportunities and otherwise adversely affect their status as employees because of their race, color and/or national origin.
9. The unlawful employment practices complained of in Paragraphs 7 and 8 above were intentional.
10. The unlawful employment practices complained of above were done with malice and/or reckless indifference to the federally protected rights of Lovell Ologbosere, Paul Noble, Abdou Touray, and Eric Minta.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, OCS, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any employment practices, which discriminate on the basis of race, color, and/or national origin; B. Order Defendant, OCS, to instituteand carryout policies, practices and programs which eradicate the effects of its past and present unlawful employment practices; C. Order Defendant, OCS, to make whole all those individuals affected by the unlawful employment practices described above, by providing appropriate backpay with prejudgment interest and frontpay, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of Defendant’s unlawful employment practices;
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D. Order Defendant, OCS, to make whole all those individuals affected by the unlawful employment practices described above, by providing compensation for past and future pecuniary losses in amounts to be determined at trial;
E. Order Defendant, OCS, to make whole all those individuals adversely affected by the unlawful employment practices described above by providing compensation for non-pecuniary losses, including emotional pain, suffering, loss of enjoyment of life and humiliation in amounts to be determined at trial;
F. Order Defendant, OCS, to pay all those individuals adversely affected by the unlawful employment practices described above punitive damages for its malicious and/or reckless conduct in amounts to be determined at trial;
G. Grant such further relief as the Court deems necessary and proper; and H. Award the Commission its costs in this action.
JURY TRIAL DEMAND EEOC requests a jury trial on all questions of fact raised by its complaint. Dated: New York, New York July , 2004
Respectfully submitted, Eric S. Dreiband General Counsel James L. Lee Deputy General Counsel Gwendolyn Y. Reams Associate General Counsel
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507
/s/ Elizabeth Grossman (EG-2478) Supervisory Trial Attorney
/s/ Adela P. Santos (AS-4429) Senior Trial Attorney New York District Office 33 Whitehall Street, 5th Floor New York, NY 10004-2112 (212) 336-3695 (212) 336-3623
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EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION.

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Plaintiff.

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-against-

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DCS GROUP, INC.

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Defendant.

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------------------------)

CONSENT DECREE

In this action, Plaintiff, the Equal Employment Oppornmity Commission (hereinafter the

"EEOC"), an agency ofthe United States Government, alleges that OCS Group, Inc. (hereinafter

''Defendant'' or "oeS") discriminated against Charging Parties, Eric Minta, Lovell Ologbosere, Paul

Noble, and Abdou Touray (hereinafter "Charging Parties"). due to their race (Black), color (dark-

skinned), and/or national origin (accent), by paying them lower wages than similarly situated Caucasian,

Hispanic, and/or lighter-complexioned security guards who do not speak with an accent and perfonned
the same or substantially similar work, in violation of Section 703(a) of Title vn ofthe Cjvil Rights Act

of 1964, as amended, 42 u.S.C. 2000e-2(a).

The EEOC and Defendant desire to settle this action, and therefore do hereby stipulate and

consent to the entry of this Decree. This Decree resolves all matters raised in the complaint in this

action which is filed contemporaneously herewith in the United States District Court for the Southern

District of New York. Defendant and the EEOC (hereinafter "the parties") agree that this Decree is

being entered into without Findings of Fact and Conclusions of Law having been made and entered by

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the Court. The panies agree and understand that this Decree in no way affects the EEOC's right to
process any pending or future cbarges that may be filed against Defendant in accoTdance with standard EEOC procedures, and to commence civil actions on any such charges unrelated to those referenced
above. In consideration ofthe mutual promises of each party to this Decree, the sufficiency of which is
hereby acknowledged, the parties agree as follows, the Court finds appropriate, and it is therefore ORDERED, ADJUDGED AND DECREED that:
1. This Decree resolves all issues raised in EEOC Charge Numbers 160-A2-0096, 160A2-0097, 160-AZ-0098, and 160-1\2-0099 and in the Complaint filed by the EEOC in this case.
2. The parties agree and the Court finds that this Court has jurisdiction of the subject matter of this action and of the parties, that venue is proper, and that all administrative prerequisites have been met. No party shall contest the validity oftbis Decree, or the jurisdiction ofthe federal district court to enforce this Decree and its tenus.
3. This Decree is being issued with the consent of the parties and does not constitute an adjudication or finding by this Court on the merits ofthe allegations of the Complaint. Nothing contained in this Decree shall be construed as an admission of liability on the part ofDefendant, who has denied and continues to deny the allegations of the Complaint.
4. Defendant and its managers, officers, agents, successors, and assigns are enjoined from discriminating against any individual because of the individual's race, color, andioT national originDefendant and its agents further agree not to retaliate against any individual who bas panicipated in this matter in some way, given testimony in this matter or asserted his or her rights under Title VTI.
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5. In settlement of this dispute, Defendant shall pay each Claimant identified in Exhibit "A" annexed hereto the amount specified therein., for a total of $57,000. Defendant will provide a W-2 to each claimant for the amounts identified in Exhibit LLA" as gToss back pay and be responsible for all applicable withholdings. Defendant is not required to make any deductions or contributions for the amounts specified in Exhibit "A" as compensatory damages but it shall issue a 1099 to each claimant.
6. Defendant shall make such payments within 14 (fourteen) days after receiving notice of the Court's enny of this Consent Decree. The payments, along with a statement itemizing the customary and lawful deductions, shall be mailed directly to the claimants at their addresses identified in Exhibit "A." A copy of each check and accompanying transmittal papers shall be contemporaneously forwarded to Adela Santos, Trial Attorney, EEOC, New York District Office of the EEOC, New York District Office, 33 Whitehall Street, New York, New York, 10004-2112.
7. Defendant shall continue to post the EEOC's poster at its facilities in a place that is visually accessible to all its employees and applicants for employment.
8. Within 14 (fourteen) days after receiving notice of the Coun's entry of this Consent Decree, Defendant shall post at its facilities in a place that is v.isually accessible to all employees a copy ofthe notice printed on its letterhead in the form attached hereto as Exhibit ''B''.
9. Defendant will develop and incorporate a module into its existing training program that addresses the prohibition of discrimination in employment for all employees. Within sixty (60) days after the entry of this Consent Decree Defendant will provide a eopy of the proposed module to the EEOC for its review and approval.

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10. Defendant shall provide, on an annual basis, no fewer than two (2) hours of training in Federal laws that prohibit discrimination in employment to all present and future management and supervisory employees. A copy ofthe training materials used and the names and titles of the persons
who attend each session shall be provided to the EEOC on or before December 31 !It of each year throughout the term oftbis Consent Decree.
11. Defendant has adopted and will continue to maintain a policy that prohibits
discrimination in the workplace and a grievance procedure for employees to repon complaints of discrimination. Such policy and procedure shall be distributed to all employees within thlny (30) days
after the entry oftlris Consent Decree.. A copy of Defendant's policy and complaint procedure is annexed hereto as Exhibit "C."
12. Defendant will provide a neutral reference letter for all Charging Parties if requested.
Such letter would contain only the following information: dates of employment. positions held, and the salary or wage earned in their last position. All requests for a neutral reference letter shall be made to David Faignaeart, ChiefFinancial Officer.
13. The EEOC may monitor and review Defendant's compliance with the terms of this
Consent Decree, including but not limited to, reasonable requests for inspection and copying of records and interviewing employees.
14. This Consent Decree will remain in effect until three (3) years from the date of its entry by the Court.
SO ORDERED, ADJUDGED AND DECREED.
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Signed this _ day of July, 2004.
t'.JG 1 12004

. a tates District Coun Judge J.1~~ GffiRGE it DANlB.S

~~b

E

TH GROSSMAN

Supervisory Trial Attorney

Attorney
Ingber & Ingber 335 Greenwich Avenue GTeenwich, CT 06830 (203) 629-6170 (203) 629-3954 (Fax)
ATTORNEYS FOR DEfENDANT

ADELA P. SANTOS Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
33 Whitehall Street, 5th Floor New York, NY 10004-2112 (212) 336-3690 (212) 336-3623 (Fax)
ArrORNEYS FOR PLAlNTJFF

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Name

Backpay Compensatory Total

Address

Lovell Ologbosere $ 5,000

$ 9,250

Paul Noble

$ 5,000

$ 9,250

Eric Minta

$ 5,000

$ 9,250

Abdou Toray

$ 5,000

$ 9,250

$14,250 $14,250

333 East 92Dd Street. Apt.3S Brooklyn. NY 11212
137-28 160m Streec
Jamaica, NY 11434

$14,250

77 Linden Blvd., #2B Brooklyn. NY 11226

$ 14,250

910 Vernon Avenue Apt. #8 ~adison, VV1 53714

Totals:

S 20,000 S 37,000

S 57,000

EXHIBIT "A"

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NOTICE
1. This notice to all employees ofOCS GROUP, INC., in New York, NY, is being posted and provided as pan of a consent decree between OCS GROUP, lNC., as Defendant and the U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, as Plaintiff. As pan of the resolution of this matter, OCS GROUP, INC., agrees to provide equal employment opportunity to all persons in hiring without regard to disability, age, sex, race, color, national origin or religion and agrees to provide its employees with accessible avenues of complaint, provide thorough and impartial investigation and take immediate corrective action when discrimination occurs. OCS GROUP, INC., also will not retaliate against any employee who brings forth a complaint pursuant to its equal employment opportunity policies or otherwise engages in protected activity under Federal anti-discrimination laws.
2. Federa11aw requires that there be no discrimination against any employee or applicant for employment because that person made a complaint of discrimination because of sex, race, national origin, color or religion, age or disability with respect to hiring, compensation, promotion, discharge, or other terms, conditions or privileges of employment. Employees are also protected from retaliation for complaining about unlawful discrimination or for otherwise opposing unlawful discriminatory conduct.
3. OCS GROUP, INC., will comply with such Federallaw in all aspects, and it will not take any action against employees because they have exercised their rights under the law by filing charges or cooperated with the U.S. Equal Employment Opportunity Commission or by otherwise opposing employment practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended.
4. The Equal Employment Opportunity Commission maintains offices throughout the United States. Its toll-free telephone number is 1-800-VSA-EEOC. The New York District Office of the Equal Employment Opporturuty Commission which has jurisdiction over the state of New York can be reached at 1-800-669-4000 or dialed directly at (212) 336-3620. The EEOC may also be contacted through its website at www.eeoc.gov.
5. This NOTICE will remain posted until July ,2007 [3 YEARS FROM DATE OF SIGNATURE].
SIGNED this _ day of July, 2004.

CHIEF EXECUTNE OFFICER

EXHmIT "B"

Sexual Harassment
oes Security will not tolerate Sexual Harassment of any kind. Sexual Harassment is
defined as a continued pattern of unwelcome sexual advances, request for sexual favors, or physical contact of a sexual nature any of the following conditions:
1. When submission to the conduct involves a condition of the individual's employment, either stated or suggested.
2. The individual's submission or refusal is used, or might be used, as the basis of an employment decision that affects the individual.
3. The conduct unreasonably interferes with the individuals job perfonnance, or creates a work environment that is hostile, intimidating or offensive.
The President is responsible for managing all complaints of sexual harassment and for ensuring that all complaints are investigated fully and fairly, regardless of the manner in which they are made, or the individuals involved.
Employees are encouraged to take complaints of sexual harassment to their immediate supervisor, the Director or Human Resources at 212-398-3527 or the President at 212277-9601. A female company representative will be made available, should the complaining employee indicate such a preference.
A management investigator designated by the President will thoroughly and fairly investigates every complaint, without bias or premature judgment. Such an investigation will include interviews with the employee involved, the subject of the complaint, and coworkers and fonner employees who may have knowledge ofthe situation. The investigator will conduct a thorough review of the files and other tangible evidence, and should be given all necessary access privileges for this purpose. The investigator will make every reasonable attempt to rationally and objectionably resolve any questions of credibility between the complaining and the accused employee.
The President will review every case, including the investigator's findings and recommendations. The President will ensure that the complaint has been fully and impartially investigated. If the evidence supports the allegation of harassment, the President will implement appropriate disciplinary action against the offending employee.
If you are aware of become aware of any conduct that may constitute sexual harassment, you are obligated to report it to the Director of Human Resources or the President.
EXHIBIT "c"

,
Equal Employment Opportunity
It is the belief of oes Security that everyone should have an equal chance to work and
advance whenever possible. We also feel that it is our moral obligation to establish policies which are committed to the principals of equal employment opportunity and it is our policy to comply with all federal, state and local laws concerning employment discrimination.
It is the policy of oes Security to ensure the treatment of all employees and applicants
for employment without unlawful discrimination as to race, color, creed, national origin, sex, disability, age marital status, sexual orientation, citizenship status, or veteran status. This will be used in all employment decisions, including, but not limited to, recruitment, hiring, job, assignment, compensation, benefits, training, promotion, demotion, layoff, termination, working conditions, and all other terms and conditions of employment.
In keeping with this standard, we ask that each of you be a partner in the effort by supporting, in word and in action, the principles of our EEO commitment. If you are or become aware of any conduct or activity that may violate the letter or spirit of this policY, you are obligated to report it to the Director of Human Resources or the President.
Ethics and Personal Conduct
The company expects all employees to avoid activities that create conflicts of interest with their responsibilities wit the company. Each employee has an obligation to refrain from activities that conflict or interfere with company operations or with others with whom the company does business.
Conflicts of interest include, but not limited to:
1. Legal requirements - employees are prohibited from doing anything in the conduct of business which would violate any local, state or federal law, order, or regulation.
2. Fair competition - all employees will conduct themselves in a fair and ethical manner when dealing with customers and suppliers.
3. Ethical requirements - should an employee's employment be tenninated for any
reason, all oes property must be returned to the company. Additionally, all
information related to OCS business dealing and clients must be held in the strictest confidence. Some employees may be required to sign a non-compete and or a non-solicitation agreement. 4. Conflict ofInterest - employees should refrain from using the company's reputation or resources for personal gain, and avoid outside activities or influences which conflict with, compete with, or impair the performance of their duties, or which give appearance of doing so.
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 SDNY CM/ECF Version 3.0L - Docket Report

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CLOSED, ECF
U.S. District Court United States District Court for the Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:04-cv-05947-GBD

Equal Employment Opportunity Commission v. OCS Group, Inc. Date Filed: 07/30/2004

Assigned to: Judge George B. Daniels

Date Terminated: 08/11/2004

Cause: 42:2000e Job Discrimination (Employment)

Jury Demand: Plaintiff

Nature of Suit: 442 Civil Rights: Jobs

Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Adela P. Santos U.S. Equal Employment Opportunity Commission 33 Whitehall St., 5th Floor New York, NY 10004 212-336-3695 Fax: 212-336-3623 Email: adela.santos@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Elizabeth Anne Grossman U.S. Equal Employment Opportunity Commission 33 Whitehall St., 5th Floor New York, NY 10004 (212) 336-3721 Fax: (212) 336-3623 Email: elizabeth.grossman@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant OCS Group, Inc.

Date Filed 07/30/2004 07/30/2004

#

Docket Text

1 COMPLAINT against OCS Group, Inc. Document filed by Equal Employment Opportunity Commission.(jjm, ) Additional attachment(s) added on 8/4/2004 (jjm, ). (Entered: 08/02/2004)
SUMMONS ISSUED as to OCS Group, Inc. (jjm, ) (Entered: 08/02/2004)

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SDNY CM/ECF Version 3.0L - Docket Report

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07/30/2004 07/30/2004 08/09/2004 08/10/2004
08/10/2004 08/11/2004
09/01/2004

Magistrate Judge Michael H. Dolinger is so designated. (jjm, ) (Entered: 08/02/2004)
Case Designated ECF. (jjm, ) (Entered: 08/02/2004)
2 CONSENT TO Decree. Document filed by Equal Employment Opportunity Commission.(Santos, Adela) (Entered: 08/09/2004)
3 INITIAL PRETRIAL CONFERENCE: counsel are directed to appear for a pretrial conference on 10/6/04 at 9:30 a.m. in courtroom 618, 40 Foley Square, New York, NY. (Signed by Judge George B. Daniels on 8/4/04) (kw, ) (Entered: 08/10/2004)
Set Deadlines/Hearings: Pretrial Conference set for 10/6/2004 09:30 AM before Judge George B. Daniels. (kw, ) (Entered: 08/10/2004)
4 CONSENT Decree: The EEOC and Defendant desire to settle this action, and therefore do hereby stipulate and consent to the entry of this Decree. (Signed by Judge George B. Daniels on 8/11/04) (kw, ) (Entered: 08/11/2004)
Mailed notice of Right to Appeal to Attorney(s) of Record: Elizabeth Anne Grossman, Adela P. Santos. (snu, ) (Entered: 09/01/2004)

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