,

u C'

,

FILED SCRANTON
OCT 31 2002

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

CIVIL ACTION NO.

v.

Plaintiff,

3:~ Ct9

1963

)

O'BRIEN-KREITZBERG, INC., a subsidiary of )

DRS CORPORATION,

)

)

Defendant.

)

COMPLAINT JURY TRIAL DEMAND

NATURE OF 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 Carl J. Petro. As described with greater particularity in Paragraph 7, below, the Commission alleges that in May, 2001, Defendant failed to hire Mr. Petro for the position of Mechanical Inspector due to his age, then 67. As a result of Defendant's failure to hire him, Mr. Petro suffered damages.

JURISDICTION AND VENUE 1. Jurisdictionofthis Court is invokedpursuantt028 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 EmploymentActof1967, 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 "FSLA"), as amended, 29 U.S.C. §§ 216(c) and 217. 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 Middle District of Pennsylvania.
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 Employer, O'Brien-Kreitzberg, Inc., a subsidiary of URS Corporation, a California corporation (the "Employer"), has continuously been doing business in the Commonwealth ofPennsylvania and the Cities ofHonesdale and/or Waymart, and has continuously had at least 20 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections II (b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630(b), (g) and (h).
2

..
CONCILIATION 6. Prior to the institution of this lawsuit, the Connnission'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).
STATEMENT OF CLAIMS 7. Since at least August, 2000, Defendant Employer has engaged in unlawful employment practices at its facilities in Honesdale and/or Waymart, Pennsylvania, in violation of Section 4(a)(1) of the ADEA, 29 U.S.C. § 623 (a)(1) as follows: (a) Mr. Petro, then age 67, applied for the position of Mechanical Inspector in August, 2000, in response to a newspaper advertisement, and was interviewed on September 22, 2000 by Defendant's officials; (b) After receiving and completing a formal application, Mr. Petro met with Defendant's representatives for a second interview in April, 200 I,at which time he toured the work site. He was informed by Project Manager Joseph Storonas, referring to the site, "this will be your new home if we can reach an agreement today on your coming on board." (c) During the second interview, Storonas stated that he was prepared to offer $48,000.00 in salary for the first year, which Mr. Petro accepted. At that meeting, job benefits were also discussed. Mr. Petro was asked ifhe was receiving social security; Mr. Petro's age was discussed and he was told that he did not "look his age." At the conclusion of the second meeting, Mr. Storonas shook Mr. Petro's hand, announced that was glad to have Mr. Petro "on board," and told Mr. Petro that he would be sent paperwork and arrangements for a urine test and would be
3

contacted within a week. (d) Two weeks after the second interview, Mr. Petro had not received any paperwork and
he contacted Mr. Storonas, who stated that he also had not received it. Mr. Petro's subsequent telephone calls to check on the status of the paperwork were ignored by Defendant, and he received a letter ofrejection dated May 10,2001. Mr. Petro then sent a letter stating that the offer had already been made and accepted at the second interview, but he received no response from Defendant.
(e) Mr. Petro was well qualified for the position, was initially ranked in the top two of seven applicants, and had background in the exact type of construction work that Defendant was performing on the project.
(f) Defendant hired a less qualified 24-year-old applicant for the position, who did not possess the job knowledge, experience, and qualifications of Mr. Petro.
8. The effect ofthe practices complained of in Paragraph 7 above has been to deprive Carl J. Petro of equal employment opportunities and otherwise adversely affect his status as an employee because of his 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 Employer, its officers, successors, assigns and all persons in active concert or participation with it, from failing to hire applicants and engaging in any other employment practices which discriminate on the basis of age against individuals 40 years of age and older.
4

........ ·vtteu·tru•
B. Order Defendant Employer to institnte and carry out policies, practices and programs which provide equal employment opportnnities for individuals 40 years ofage and older, and which eradicate the effects of its past and present unlawful employment practices.
C. Grant ajudgment requiring Defendant Employer to pay appropriate back wages in an amount to be determined at trial, an equal sum as liquidated damages, and prejudgment interest to Carl J. Petro.
D. Order Defendant Employer 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 the hiring of Carl J. Petro, or frontpay in lieu thereof if hiring is not feasible.
E. Grant such further relief as the Court deems necessary and proper in the public interest.
F. Award the Commission its costs in this action.
5

....

. !

. XS"Tt's' ""'1

JURy TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.

Respectfully submitted,
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Washington, D.C. 20507

Supervisory Trial Attorney
~ Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Philadelphia District Office The Bourse 21 South 5th Street, Suite 400 Philadelphia, Pa. 19106 (215) 440-2683 PA. Id. No. 37637
6

 
 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

)

)

Plaintiff,

)

v.

)

)

)

O'BRIEN-KREITZBERG, INC. a subsidiary of )

URS CORPORATION,

)

)

)

Defendant.

)

Civil Action No. 02-1963(WJN)
FILED
srRANTON
OCT 302003

CONSENT DECREE

This Consent Decree is entered into by Plaintiff United States Equal Employment Opportunity Commission (the "Commission"), and O'Brien-Kreitzburg, Inc., a subsidiary of DRS Corporation ("Defendant.")
On October 3I, 2002, the Commission brought this action against Defendant to enforce the provisions ofthe Age Discrimination in Employment Act of 1967, 29 U.S.C. §62 I et seq. The Commission alleged that Carl J. Petro, who applied for the position of Mechanical Inspector, was not hired by Defendant due to his age, 67. Defendant denies the allegations set forth in the Complaint.
This Decree is final and binding between the parties signatory hereto as to all issues raised in the Commission's Complaint in Civil Action Number 02-1963. In settlement of Civil Action No. 02- I963, the parties hereby agree as follows:
I. This Decree is entered into in compromise to avoid the expense and inconvenience oflitigation and is neither intended nor construed as an admission ofliability by Defendant, who has denied and continues to deny any and all liability.

2. The Commission is the agency of the United States government authorized by Congress to investigate allegations of unlawful employment discrimination based upon age (forty and over), to bring civil actions based upon these allegations of unlawful practices, and to seek relief for individuals affected by such practices.
3. Pursuant to the ADEA, the parties acknowledge the jurisdiction of the United States District Court for the Middle District of Pennsylvania over the subject matter and over the parties to this case.
4. Defendant agrees to comply fully with all of the provisions of the ADEA, including its anti-retaliation provisions. This means that Defendant will not take action against any individual because he or she exercised any of his or her rights under the ADEA, including filing a charge, providing testimony or assistance, participating in any manner in any investigation, proceeding or hearing under the ADEA, or opposing any practice that he or she believed in good faith to be unlawful under the ADEA.
5. Defendant agrees to pay monetary relief in the total amount of$50,000.00 to Carl J. Petro. This payment will be made within twenty days of the receipt of a release from Mr. Petro by Defendant. Late payment of the check will be subject to the accrual of interest on the amount then due and unpaid, calculated pursuant to 28 U.S.C. § 1961. The check shall be sent to Carl J. Petro by United States certified mail, with a photocopy sent to the attention of Cynthia A. Locke, Trial Attorney, Equal Employment Opportunity Commission, Philadelphia District Office, The Bourse Building, Suite 400, 21 S. Fifth Street, Independence Mall East, Philadelphia, PA 19106.
6. In order to obtain the relief referenced in Paragraph 5, Carl J. Petro must execute a Release in the form provided by Defendant, and that Release must be provided to Defendant.
7. Within ten business days of receiving notice of the execution of this Consent Decree by the Court, Defendant shall post the Notice attached to this Decree as Exhibit A at its corporate offices in Pittsburgh, Pennsylvania on the bulletin boards where notices are usually and customarily posted for the benefit of all employees. The Notice will remain posted for a period of
2

90 days. Defendant shall replace said Notice with a legible copy, ifthe Notice is defaced, removed, or marred in any way. Within ten business days of the posting of the Notice, Defendant will inform the Commission of the dates ofthe posting.
8. In the event of any dispute or question between the Commission and Defendant as to the interpretation or implementation of this Decree, the parties shall attempt to resolve such question informally. If the parties are unable to resolve their differences, the issue shall be submitted to the Court for final decision.
9. The parties agree that the Court shall retain jurisdiction over this Decree until for a period of one year after the filing of the Decree in order to enforce its provisions, should this become necessary.
10. This Decree shall be filed in the United States District Court for the Middle District ofPennsylvania.
11. This case shall be and hereby is dismissed with prejudice, subject to this Court's jurisdiction to enforce the provisions ofthis Consent Decree.
12. Each party shall bear its own costs and attorney's fees.

FOR PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION: Eric S. Dreiband General Counsel
James L. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Washington, D.C. 20507

I JACQUELINE H. M.tAIR
Regional Attorney

~~J)L

3

JUDITH A. O'BOYLE
~.r;;il~\~~

YNTHIA A. LOCKE Trial Attorney 21 S. 5th Street, Suite 400
~~~d~c~ Phila.deIP.hia, PA 191O~. /
,#R DEFENDANT O'BRIEN-KREITZBERG, INC.
~~~~ Eckert, Seamans, Cherin & Mellot, LLC U.S. Steel Tower 600 Grant Street, 44th Floor Pittsburgh, PA 15219 (412) 566-6000

APPROVED AND SO ORDERED:

-/cJ L-C?--.-S0i~

U.S.D.J.

CJ

4

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Philadelphia District Office Legal Unit
21 S. Fifth Street, Suite 400 Philadelphia, PA 19106-2515
(215)440·2828 TTY: (215)440·2610 FAX: (215) 440·2848
NOTICE
This Notice is posted as part of a settlement reached in the matter of EEOC v. O'BrienKreitzbnrg, Inc.. a subsidiary of URS Corporation, C.A. No. 02-1963 in the United States District Court, Middle District of Pennsylvania. The EEOC filed this action to enforce provisious of the Age Discrimination in Employment Act of 1967, alleging that O'BrienKreitzburg, Inc. failed to select a qualified applicant for hire into the position of Mechanical Inspector at a construction project in Waymart, Pennsylvania, due to his age, 67, and hired a much younger applicant for the job.
The Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination against employees and applicants for employment based upon their age (40 years of age or older). The ADEA further prohibits retaliation against employees or applicants who avail themselves oftheir rights under the ADEA by engaging in protected activities, such as filing a charge of discrimination or testifying or participating in an EEOC investigation.
THE EOUAL EMPLOYMENT OPPORTUNITY COMMISSION is the federal agency which investigates charges of discrimination and, if necessary, brings lawsuits in the federal district courts to enforce the ADEA.
O'Brien-Kreitzburg, Inc. fully supports and will comply with the ADEA in all respects. O'Brien-Kreitzburg, Inc. is committed to the principle of equality of opportunity and will not engage in any employment practice that operates to deny equal employment opportunities in violation of the ADEA. Furthermore, in accordance with the ADEA, O'Brien-Kreitzburg, Inc. will not take any action against any employee or applicant for employment because he or she has exercised any right under the ADEA, including the filing of a charge of discrimination or the reporting of harassment.
This Notice will remain posted at the company's Pittsburgh, Pennsylvania offices for ninety (90) days in all areas where notices, bulletins, or announcements are normally posted for the benefit of all employees.
THIS NOTICE MUST NOT BE DEFACED OR REMOVED AND MUST REMAIN POSTED FOR 90 DAYS.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

O'BRIEN-KREITZBERG, INC.
Exhibit A

 
 Pennsylvania Middle District Version 3.0.5 - Docket Report

https://ecf.pamd.uscourts.gov/cgi-bin/DktRpt.pl?480468668349213-L_...

CLOSED, SCR
U.S. District Court United States District Court for the Middle District of Pennsylvania (Scranton)
CIVIL DOCKET FOR CASE #: 3:02-cv-01963-WJN

EEOC v. O'Brien-Kreitzberg Assigned to: Honorable William J. Nealon Demand: $0 Cause: 28:1343 Violation of Civil Rights Plaintiff Equal Employment Opportunity Commission
1 of 4

Date Filed: 10/31/2002 Date Terminated: 10/10/2003 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Cynthia A. Locke Equal Employment Opportunity Commission Philadelphia District Office The Bourse, 21 South 5th Street Suite 400 Philadelphia, PA 19106 215-440-2683 Fax: 215-440-2848 Email: cynthia.locke@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jacqueline H. McNair Equal Employment Opportunity Commission 21 S. 5th Street Suite 400 The Bourse Building Philadelphia, PA 19106 215-440-2670 Email: jacqueline.mcnair@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Judith A. O'Boyle Equal Employment Opportunity Commission 21 South 5th Street Suite 400 Philadelphia, PA 19106-2515 215-440-2669 Fax: 215-440-2674 Email: Judith.oboyle@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
6/7/2007 11:34 AM

Pennsylvania Middle District Version 3.0.5 - Docket Report

https://ecf.pamd.uscourts.gov/cgi-bin/DktRpt.pl?480468668349213-L_...

V.
Defendant O'Brien-Kreitzberg, Inc. a subsidiary of URS Corporation

represented by John J. Myers Eckert, Seamans, Cherin & Mellott 600 Grant Street 44th Floor Pittsburgh, PA 15219 412-566-5900 Fax: 14125666099 Email: jjm@escm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 10/31/2002 10/31/2002 11/05/2002
11/18/2002 11/18/2002
12/09/2002 12/09/2002 01/27/2003 03/13/2003
04/09/2003

#

Docket Text

1 COMPLAINT - Age discrimination in employment. (rm) (Entered: 10/31/2002)
SUMMONS ISSUED as to defendant O'Brien-Kreitzberg (rm) (Entered: 10/31/2002)
2 SCHEDULING ORDER: by Judge William J. Nealon re: Assignment of case and proper procedures. (cc: all counsel w/ Case Mgmt. Form attached) (ts) (Entered: 11/05/2002)
3 MAIL RETURNED (Scheduling Order dtd 11/5/02) addressed to Judith O'Boyle, Atty for pltf EEOC marked "Attempted Not Known" (ao) (Entered: 11/18/2002)
4 MAIL RETURNED (Scheduling Order dtd 11/5/02 addressed to Jacqueline H. McNair, Atty for pltf EEOC marked "Attempted Not Known" (ao) (Entered: 11/18/2002)
5 ANSWER WITH AFFIRMATIVE DEFENSES by defendant O'Brien-Kreitzberg with c/s. (ts) (Entered: 12/09/2002)
SUMMONS REISSUED as to defendant O'Brien-Kreitzberg and sent to Plty atty. (sm) (Entered: 12/09/2002)
6 RETURN OF SERVICE executed upon defendant O'Brien-Kreitzberg 12/24/02 (ts) (Entered: 02/03/2003)
7 ORDER Case Management Conference set for 4/24/2003 10:00 AM in Scranton before Honorable William J. Nealon. Signed by Judge William J. Nealon on 3/13/03. (rk, ) (Entered: 03/13/2003)
8 Letter Order - the Case Management Conf. originally scheduled for 4/24/03 @ 10:00 AM is now scheduled for 5/1/2003, @2:00 PM in Scranton before Honorable William J. Nealon. Signed by Judge William J. Nealon on 4/9/03. (rk, ) (Entered: 04/09/2003)

2 of 4

6/7/2007 11:34 AM

Pennsylvania Middle District Version 3.0.5 - Docket Report

https://ecf.pamd.uscourts.gov/cgi-bin/DktRpt.pl?480468668349213-L_...

04/30/2003 04/30/2003 08/22/2003 08/22/2003 08/28/2003 08/29/2003 09/03/2003
09/15/2003 09/17/2003
09/30/2003 10/01/2003
10/10/2003
10/30/2003 11/05/2003

9 JOINT CASE MANAGEMENT PLAN RETURNED by EEOC and O'Brien-Kreitzberg, Inc..(rk, ) (Entered: 04/30/2003)
10 CASE MANAGEMENT PLAN addendum of EEOC's damage calculations of lost wages & medical expenses for Carl Petro, to be added to parties' Joint Case Mgmt. Plan.(rk, ) (Entered: 04/30/2003)
12 PRETRIAL ORDER - A pretrial conference will be held on Thursday, 10/23/03, in chambers, at 10:30 A.M. before the Honorable William J. Nealon.Signed by Judge William J. Nealon on 8/22/03. (rk, ) (Entered: 08/22/2003)
13 ORDER - Jury Selection and Trial is scheduled for Monday, 10/27/03, at 10:00 A.M., before the Honorable William J. Nealon. Signed by Judge William J. Nealon on 8/22/03. (rk, ) (Entered: 08/22/2003)
14 ORDER - Trial date is scheduled for Monday, 10/27/03. Any dispositive motions contemplated must be filed no later than 9/30/03.Signed by Judge William J. Nealon on 8/28/03. (rk, ) (Entered: 08/28/2003)
15 MOTION to depose witness after close of discovery by pltf Equal Employment Opportunity Commission; C/S (Attachments: # 1 Propo)(vg, ) (Entered: 09/02/2003)
16 ORDER granting 15 Motion Discovery deadline is extended until September 12, 2003 to allow taking of additional discovery, including the deposition of Ria Bolli Signed by Judge William J. Nealon on 09/03/03 (wjnlc1, ) (Entered: 09/03/2003)
17 MOTION to Continue Trial Date by O'Brien-Kreitzberg, Inc..(Myers, John) (Entered: 09/15/2003)
18 ORDER granting Motion to Continue Trial (Doc. 17) scheduled for Monday, 10/27/03. A Settlement Conference will be conducted on 10/8/2003 at 10:30 AM., and, if necessary, a new trial date will be set following the settlement conference. Signed by Judge William J. Nealon on 9/17/03 (rk, ) (Entered: 09/17/2003)
19 MOTION for Summary Judgment by O'Brien-Kreitzberg, Inc..(Myers, John) (Entered: 09/30/2003)
20 DEPOSITION TRANSCRIPT of various taken on various by O'Brien-Kreitzberg, Inc.. (Attachments: # 1 Appendix summary judgment appendix# 2 Appendix Vol II appendix# 3 Appendix Vol III)(Myers, John) (Entered: 10/01/2003)
21 ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated.Signed by Judge William J. Nealon on 10/10/03. (rk, ) (Entered: 10/10/2003)
22 PROPOSED DOCUMENT re: CONSENT DECREE. (ts, ) (Entered: 11/04/2003)
23 CONSENT DECREE.Signed by Judge William J. Nealon on 11/4/2003. Filed on 11/5/2003.(bg, ) (Entered: 11/06/2003)

3 of 4

6/7/2007 11:34 AM

Pennsylvania Middle District Version 3.0.5 - Docket Report

https://ecf.pamd.uscourts.gov/cgi-bin/DktRpt.pl?480468668349213-L_...

PACER Service Center

Transaction Receipt

06/07/2007 12:36:56

PACER Login:

hs0328

Client Code:

eeoc++++++++++++++++++++++++++++

Description:

Docket Report

Search Criteria:

3:02-cv-01963-WJN

Billable Pages:

2

Cost: 0.16

4 of 4

6/7/2007 11:34 AM