UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

10 S. Howard Street

)

3rd Floor

)

Baltimore, Maryland 21201

)

)

Plaintiff,

)

)

v.

)

)

)

ADVANCEMED CORPORATION,

)

)

11300 Rockville Pike

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Suite 1001

)

Rockville, Maryland 20852

)

)

Defendant.

)

)

)

Civil Action No. COMPLAINT & JURY TRIAL DEMAND

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, and to

provide appropriate relief to Denise Gaston who was adversely

affected by such practices. The Commission alleges that Ms.

Gaston, a black female, applied for employment to Defendant

AdvanceMed Corporation (“Defendant”) as a Chief Nurse and though

qualified for the position, was rejected because of her race.

Despite her rejection, Defendant continued to solicit applicants

and hired a similarly or less qualified applicant outside of Ms.

Gaston’s protected class.

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 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 and are now being committed within the jurisdiction of the United States District Court for the District of Maryland, Southern Division.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C., Section 2000e5(f)(1) and (3). 4. At all relevant times, Defendant has continuously been a Maryland corporation doing business in the State of Maryland, and the city of Rockville, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce under
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Section 701(b), (g) and (h) of Title VII, 42 U.S.C. Sections 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Denise Gaston filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least April, 2003, Defendant Employer has engaged in unlawful employment practices at its Bethesda, Maryland facility in violation of Section 703(a) Title VII, 42 U.S.C. Section 2000e-2(a). These practices include refusing to hire Denise Gaston because of her race, black. 8. The effect of the practices complained of in paragraph 7 above has been to deprive Denise Gaston of equal employment opportunities and otherwise adversely affect her status as an applicant because of her race. 9. The unlawful employment practices complained of in paragraph 7 above were intentional. 10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Denise Gaston.
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PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in employment practices which discriminate on the basis of race, in violation of Section 703(a) of Title VII, 42 U.S.C. Section 2000e-2(a). B. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for black applicants for employment and which eradicate the effects of Defendant’s past and present unlawful employment practices. C. Order Defendant Employer to make whole Denise Gaston by providing appropriate back pay with prejudgment interest in amounts to be determined at trial, an offer of employment, and other affirmative relief necessary to eradicate the effects of Defendant’s unlawful employment practices. D. Order Defendant Employer to pay Denise Gaston punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial. E. Order Defendant Employer to make whole Denise Gaston by
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providing compensation for pecuniary losses, including job search expenses.
F. Order Defendant Employer to make whole Denise Gaston by providing compensation for non-pecuniary losses, including emotional pain, suffering, mental anguish, embarrassment, and isolation, in amounts to be proven at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised in the Complaint.
Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
/s/ GERALD S. KIEL Regional Attorney
/s/ DEBRA M. LAWRENCE Supervisory Trial Attorney
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 10 S. Howard Street, 3rd Floor Baltimore, Maryland 21201 (410) 962-4349
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 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v.
ADVANCEMED CORPORATION, Defendant.

) ) ) ) ) ) C. A. No. 8:04-cv-1322-PJM ) ) ) ) ) )

CONSENT DECREE

This action was instituted by Plaintiff, Equal Employment

Opportunity Commission (the "EEOC" or the "Commission"), against

Defendant, AdvanceMed Corporation (hereinafter Defendant),

alleging that Defendant violated Section 703(a) of Title VII of

the Civil Rights Act of 1964, as amended, ("Title VII") 42 U.S.C.

Section 2000e-2(a) by refusing to hire Denise Gaston, a black

female, for the position of Head Nurse, in favor of a less

qualified non-black applicant, because of her race.

Both the Commission and Defendant desire to resolve the

Commission's action without the time and expense of continued

litigation, and they desire to formulate a plan to be embodied in

a Decree which will promote and effectuate the purposes of Title

VII.

This Decree shall not constitute an adjudication on the

merits of the Commission’s case and shall not be construed as an

admission by Defendant of any discriminatory practice or as a waiver by the Commission of any contentions of discrimination.
The Court has examined this Decree and finds that it is reasonable and just and in accordance with the purposes of Title VII. Therefore, upon due consideration of the record herein and being fully advised in the premises, it is ORDERED, ADJUDGED AND DECREED:
1. This Decree resolves all issues and claims alleged in the Complaint filed by the Commission in this Title VII action which emanated from the Charge of Discrimination filed by Denise Gaston.
2. Defendant, its officers, agents, servants, employees and all persons acting or claiming to act in its behalf and interest shall be permanently enjoined and restrained from engaging in any employment practice which discriminates against its applicants and employees based on race, in violation of Title VII, particularly the following provision:
It shall be an unlawful employment practice for an employer (1) to fail or refuse to hire any individual ... because of such individual's race . . . . 3. In furtherance of paragraph 2, above, within six months following the entry of this Decree, Defendant will provide a minimum of two hours equal employment opportunity (“EEO”) training, through a qualified lawyer or trainer with expertise in EEO matters, to all personnel involved in the screening,
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selection, and hire of employees at its Bethesda, Maryland facility, specifically with regard to making race-neutral employment decisions as it relates to Defendant’s obligations under Title VII. Upon the completion of such training, Defendant will provide certification to Commission counsel that such training has been provided including the identity of the provider, the dates and location of the training, the names of the attendees, and the number of hours of training.
4. Within twenty days after entry of this Consent Decree, Defendant will pay to Denise Gaston a total of $22,000, less applicable taxes and other deductions.
5. Upon approval of this Decree, Defendant will post immediately in the staff room, the place where notices to employees customarily are posted, the Notice attached hereto as Exhibit "A" and made a part hereof. Said Notice attached hereto as Exhibit "A" shall be posted and maintained for a period of at least six months from the date of posting 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 thirty (30) days of approval of this Decree, Defendant shall forward to the attorney of record at the Baltimore District Office a copy of the signed Notice
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attached hereto as Exhibit "A" and written certification that the

Notice referenced herein has been posted and a statement of the

location(s) and date of posting.

6. The Commission and Defendant shall bear their own costs

and attorneys’ fees.

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:

ERIC S. DREIBAND General Counsel

JAMES L. LEE Deputy General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

/s/ LARRY R. SEEGULL DLA Piper Rudnick Gray Cary US LLP 6225 Smith Avenue Baltimore, Maryland 21209-3600 (410) 580-4253

/s/ GERALD S. KIEL Regional Attorney

/s/ DEBRA M. LAWRENCE Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 10 S. Howard Street 3rd Floor Baltimore, Maryland 21201 (410) 962-4349
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SO ORDERED. Signed and entered this
, 2005.

day of

United States District Court Judge

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NOTICE TO EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION AND ADVANCEMED CORPORATION
Under Section 703(a) of Title VII, it is unlawful for an employer to “fail or refuse to hire any individual ... because of such individual's race ....” Making hiring decisions based upon an applicant’s race is prohibited by this provision.
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 this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.”
WE WILL NOT engage in any acts or practices made unlawful by the above sections.
WE WILL NOT make any hiring decisions or any other type of employment decisions based on an applicant’s or employee’s race.
ADVANCEMED CORPORATION (Employer)

Dated:

By: (Representative)(Title)

EXHIBIT “A”

 
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CASREF, CLOSED
U.S. District Court District of Maryland (Greenbelt) CIVIL DOCKET FOR CASE #: 8:04-cv-01322-PJM

EEOC v. Advancemed Corporation Assigned to: Judge Peter J. Messitte Referred to: Magistrate Judge Charles B. Day (Settlement) Cause: 42:2000 Job Discrimination (Race)

Date Filed: 04/26/2004 Date Terminated: 03/23/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

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

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 Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624260 Fax: 14109622817 ATTORNEY TO BE NOTICED

V.

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Defendant Advancemed Corporation

represented by Larry R Seegull DLA Piper US LLP 6225 Smith Ave Baltimore, MD 21209-3600 14105804253 Fax: 14105803253 Email: larry.seegull@dlapiper.com ATTORNEY TO BE NOTICED
Michelle M Murray 1258 Battery Ave Baltimore, MD 21230 14109657090 Fax: 14105970555 TERMINATED: 10/05/2004 ATTORNEY TO BE NOTICED

Date Filed 04/26/2004
04/26/2004 04/27/2004 08/11/2004 08/13/2004
08/30/2004 08/30/2004
08/30/2004 09/02/2004

#

Docket Text

1 COMPLAINT against Advancemed Corporation , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(ljs, Deputy Clerk) (Entered: 04/27/2004)
JURY TRIAL DEMAND by Equal Employment Opportunity Commission. (ljs, Deputy Clerk) (Entered: 04/27/2004)
2 Summons Issued (20 days) as to Advancemed Corporation. (ljs, Deputy Clerk) (Entered: 04/27/2004)
3 Correspondence from courtroom deputy re: effectuation of service. (esp, Deputy Clerk) (Entered: 08/11/2004)
4 SUMMONS Returned Executed by Equal Employment Opportunity Commission. Advancemed Corporation served on 8/12/2004, answer due 9/1/2004. (Lawrence, Debra) (Entered: 08/13/2004)
5 NOTICE of Appearance by Michelle M Murray on behalf of Advancemed Corporation (Murray, Michelle) (Entered: 08/30/2004)
6 Consent MOTION for Extension of Time to File Answer by Advancemed Corporation. Responses due by 9/16/2004 (Murray, Michelle) (Entered: 08/30/2004)
7 NOTICE of Appearance by Larry R Seegull on behalf of Advancemed Corporation (Seegull, Larry) (Entered: 08/30/2004)
8 PAPERLESS ORDER granting 6 Motion for Extension of Time to Answer. Signed by Judge Peter J. Messitte on 9/2/04. (Messitte, Peter) (Entered: 09/02/2004)

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09/30/2004 09/30/2004 10/04/2004 10/05/2004
10/18/2004 10/19/2004
10/22/2004 11/01/2004
11/17/2004 01/05/2005 02/16/2005 03/10/2005 03/23/2005

9 ANSWER to Complaint by Advancemed Corporation.(Murray, Michelle) (Entered: 09/30/2004)
10 MOTION to Withdraw as Attorney M. Murray by Advancemed Corporation. Responses due by 10/18/2004 (Murray, Michelle) (Entered: 09/30/2004)
12 SCHEDULING ORDER: Status Report due by 2/16/2005.. Signed by Judge Peter J. Messitte on 10/4/03. (rank, Deputy Clerk) (Entered: 10/05/2004)
11 PAPERLESS ORDER GRANTING 10 Motion to Withdraw as Attorney. Attorney Michelle M Murray TERMINATED. Signed by Judge Peter J. Messitte on 10/4/04. (Messitte, Peter) (Entered: 10/05/2004)
13 Status Report Submitted Jointly by AdvanceMed and by Equal Employment Opportunity Commission (Lawrence, Debra) (Entered: 10/18/2004)
14 ORDER REFERRING CASE to Magistrate Judge Charles B. Day for settlement. Signed by Judge Peter J. Messitte on 10/19/04. (jmw, Chambers) (Entered: 10/19/2004)
15 Correspondence regarding scheduling Settlement Conference. Reply required. (bab, Chambers) (Entered: 10/22/2004)
16 ORDER "ADVISING" counsel that a settlement conference has been scheduled. Signed by Judge Charles B. Day on 11/1/04. (rank, Deputy Clerk) (Entered: 11/03/2004)
Settlement Conference held before Judge Charles B. Day. (bab, Chambers) (Entered: 11/17/2004)
17 NOTICE by Advancemed Corporation Regarding Change of Firm Name (Seegull, Larry) (Entered: 01/05/2005)
18 Status Report Submitted by AdvanceMed and by Equal Employment Opportunity Commission (Lawrence, Debra) (Entered: 02/16/2005)
19 SETTLEMENT AGREEMENT /Consent Decree by Advancemed and by Equal Employment Opportunity Commission. (Lawrence, Debra) (Entered: 03/10/2005)
20 PAPERLESS ORDER APPROVING 19 Settlement Agreement/Consent Decree. Signed by Judge Peter J. Messitte 3/23/05. (Messitte, Peter) (Entered: 03/23/2005)

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