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United States Equal Employment Opportunity Commission Philadelphia District Office 21 S. 5~ Street, Suite 400 Philadelphia, PA 19106 Woody Anglade Trial Attorney

UNITED STATES DISTRICT COURT ¯ FOR THE EASTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY COMM/SSION,

Plaintiff,

CIVIL ACTION NO.

SHAHIL, INC. (D/B/A DUNKIN DONUTS/ BASK_IN ROBBINS LEOLA, PA)
Defendant.

COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under Tide VII of the Civil Rights Act of 1964 and Tide I of the Civil Rights Act of 1991 to correct unlawful employment practices that discriminate on the basis of sex, female, and to provide appropriate retiefto Ashley Bowermaster, then a 16 year old minor, and a class of female employees, who were adversely affected by such practices. As articulated with greater particularity in paragraph 7 below, the Commission alleges that Ashley Bowermaster, a counter and cash register worker, and a class of female employees were subjected to sexual harassment by male supervisors and co-workers, beginning in August 2004. The Commission alleges that despite numerous complaints by these women, Defendant failed to undertake any effective remedial action to stop the offensive and discriminatory conduct. As a result of the sexual harassment, Ashley Bowermaster, as well as other female employees

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were forced to resign from their employment and were constructively discharged from their positions as counter and cash register employees. The Charging Party and a class of female employees suffered severe emotional distress and damages as a result of the illegal conduct of the Defendant.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to § 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(0 and (3), ("Title VIF’), 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 Eastern District of Pennsylvania. 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 Title VII, and is expressly authorized to bring this action by Section 706(0(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, Shahil, Inc., d/b/a Dnnkin Donuts/Baskin Robbins ("Shahil") has continuously been and is now doing business in the State of Pennsylvania and the town ofLeola, PA, and has continuously had at least fifteen (15) employees. 5. At all relevant times, Defendant Employer had continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and 0a) of Title VIL 42 U.S.C. §§ 2000e(b), (g) and (h).
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STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit Ashley Bowermaster filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least August-September 2004, Defendant Employer has engaged in unlawful employment practices at its Leola, Pennsylvania facility, in violation of section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1) and 2000(e)-3(a)(1), by subjecting Charging Party Ashley Bowermaster and a class of female employees to a sexually hostile and abusive work environment. The unlawful employment practices include, but are not limited to, the following: (a) Ashley Bowermaster, then age 16, started working for Defendant as a counter and cash register employee on or about September 2004. Her duties included operating the register, cleaning the store, preparing food and stocking supplies. She worked approximately 20 hours per week because she was a full-time high sehooi student. At all relevant times, Ms. Bowermaster’s performance was satisfactory. (b) From the beginning of her employment, Ms. Bowermaster was subjected to egregious sexual harassment by Defendant employee Raja Patel. He would constantly smile and wink at her in a sexually inappropriate manner. He would also grab and touch her body against her wishes. For instance, one day, Ms. Bowermaster came to the store to show some of her co-workers the dress outfit she was planning to wear for her high school’s homecoming, which was scheduled that night. While at the store, she put her hands on the counter, and Raja Patel unexpectedly grabbed her arms and tried to pull Ms. Bowermaster over the counter to him. She was terrified what Mr. Patel would do to her if he successfully pulled her over the counter. She pulled as hard as she

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possibly could and was able to eventually break away from his clutches. While Ms. Bowermaster looked in disbelief at Raja Patel, he simply smiled at her.
(c) Ms. Bowermaster later learned that other females, some of whom were minors, were also being sexually harassed by Defendant employees, including but not limited to, managers Chintan Patel and Praful Patel. Fed up by the disgusting and insulting behavior they were being subjected to, Ms. Bowermaster and some of these women complained to managers such as Chintan Patel and Praful Patel that they wanted the sexual harassment to stop. However, the male managers laughed at them and completely disregarded their complaints. Because Defendant did not take remedial action, Ashley Bowermaster was constructively discharged by Defendant.
(d) In addition, a class of female employees were also subjected to egregious sexual harassment while working for Defendant. The harassment included, but was not limited to, unwelcome sexual advances, inappropriate sexual comments, uninvited sexually explicit language and remarks, and unwelcome egregious physical touching and contact, on a regular and on-going basis.
(e) Managers such as Chintan Patel, Praful Patel and Pranav Patel, as well as other male employees, sexualiy harassed the class of female employees on almost each and every occasion that they worked. For example, Chintan Patel, atter promising to drive home a female employee, pushed down her driver’s seat, got on top of her, ran his hand up her shirt and started kissing on her neck. The young female employee resisted, but he held her down with his arms. She finally was able to get away from him and call her mother to come get her.
(f) The class members consistently obj coted to each sexually inappropriate comment and
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advance made by these male managers and employees by asking the supervisors to stop the behavior. Moreover, the female employees begged other supervisors, such as Harry Patel, to put an end to the sexual harassment. However, Defendant failed to take effective corrective action to stop what was happening and the harassment continued.
(g) Defendant Employer knew or should have known about the harassment, but failed to take prompt and effective remedial measures to correct the hostile work environment committed against Ashley Bowermaster and a class of female employees.
(8) The effect of the practices complained of in paragraph 7(a) through (g) above has been to deprive Ashley Bowermaster and a class of female employees of equal employment opportunities and otherwise affect their status as employees because of their gender (female).
(9) The acts complained of in paragraph 7(a) through (g) were intentional. (10) The unlawful employment practices complained of in paragraphs 7(a) through (g) above were done with malice or with reckless indifference to the federally protected fights of Ashley Bowermaster and a class of female employees.
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, l~om engaging in sexual harassment, disparate treatment, constructive discharge, and any other employment practice which discriminates on the basis of sex. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, which eradicate the effects of

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its past and present unlawful employment practices. C. Order Defendant Employer to institute and carry out a complaint procedure which
encourages employees to come forward with complaints regarding violations of its policies against discrimination and harassment.
D. Order Defendant Employer to institute and carry out a training program which shall promote supervisor accountability imposing on all managers and supervisory personnel a duty to actively monitor their work areas to ensure compliance with policies on non-discrimination; and requiring all managers and supervisors to report any incidents and/or complaints of harassment and/or retaliation of which they become aware to the department charged with handling such complaints.
E. Order Defendant Employer to make whole Ashley Bowermaster and a class of female employees by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
F. Order Defendant Employer to make whole Ashley Bowermaster and a class of female employees by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7(a) through (g) above, including but not limited to out-of-pocket losses in amounts to be determined at trial.
G. Order Defendant Employer to make whole Ashley Bowermaster and a class of female employees by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7(a) through (g) above, including pain and suffering, humiliation, embarrassment, and loss of life’s pleasures, in amounts to be determined at
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H. Order Defendant Employer to pay Ashley Bowermaster and a class of female employees punitive damages for its malicious and reckless conduct described in paragraphs 7(a) through (g) above, in amounts to be determined at trial.
I. Grant such further relief as the Court deems necessary and proper in the public interest.
J. Award the Commission its costs of this action.
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JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L. Street, NW /~hingt°n, DC 20107
Supervisory Trial Attorney
Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Philadelphia District Office The Bourse Building 21 S. 5t~ Street, Suite 400 Philadelphia, PA 19106 Telephone (215) 440-2814

 
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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff

and
ASHLEY BOWERMASTER, Plaintiff-Intervener

CIVIL ACTION NO. 06-3429

v.

JURY TRIAL DEMANDED

SHALIL, INC. (D/B/A DUNKIN DONUTS/ BASKIN ROBBINS LEOLA, PA); RAJA PATEL,
Defendants

PLAINTIFF-INTERVENER'S COMPLAINT

I. PRELIMINARY STATEMENT Plaintiff-Intervener, Ashley Bowermaster, brings this action against Defendants, SHALIL,
INC. (D/B/A DUNKIN DONUTS/ BASKIN ROBBINS LEOLA, PA), and RAJA PATEL, for sexual harassment and sex discrimination, including subjecting her to a hostile work environment, and for tort claims arising under Pennsylvania Common Law. Ms. Bowermaster seeks compensatory and punitive damages, and other statutory relief under federal and state laws, Title VII of the Civil Rights Act of 1964, Title I of the Civil Rights Act of 1991, the Pennsylvania Human Relations Act, and the Pennsylvania Common Law. II. PARTIES
1. Plaintiff-Intervener, Ashley Bowermaster, an individual is and was at all times relevant hereto a citizen of the United States, an individual, and a citizen of the Commonwealth of Pennsylvania, residing at 420 Dohner lane, Lancaster, Pennsylvania. She is a female.

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No. 06-3429 2. At all relevant times, Defendant, Shahil, Inc., d/b/a Dunkin Donuts/Baskin Robbins ("Shahil"), a corporation, has continuously been and is now doing business in the State of Pennsylvania at 366 West Main Street, Leola, Pennsylvania, 17540 and has continuously had at least fifteen (15) employees. 3. At all relevant times, Defendant Employer had continuously been an employer engaged in 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). 4. Defendant, RAJA PATEL, an adult individual, was at all times material and relevant hereto an employee of Defendant, SHALIL, INC., and had supervisory responsibility over PlaintiffIntervener. Mr. Patel’s last known business address was 366 West Main Street, Leola, PA 17540. 5. Upon information and belief, Defendant, RAJA PATEL, is related by blood or marriage to the owners of Defendant, SHALIL, INC., and other management personnel at the subject business in Leola, PA 17540. 6. At all times material hereto, Defendant, SHALIL. INC., acted by and through its authorized agents, servants, workman, and/or employees, including Defendant, RAJA PATEL, who was acting within the course and scope of his and their employment with the Defendant, SHALIL, INC., and in the furtherance of Defendant's, SHALIL, INC.'s business. III. JURISDICTION AND VENUE 7. The causes of this action arise, under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-, et seq., ("Title VII"), Section 102 of the Civil Rights Act of 1991, the Pennsylvania Human Relations Act as amended, 43 P.S. Sec. 951, et seq. (PHRA), and the Pennsylvania Common Law. The District Court has jurisdiction over causes of action under Title

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No. 06-3429 VII, pursuant to 42 U.S.C. § 2000 (e) - 5 (f) and 28 U.S.C. § 1331, the Pennsylvania Human Relations Act pursuant to 28 U.S.C. 1367, and the Pennsylvania Common Law claims pursuant to 28 U.S.C. 1367.
8. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Eastern District of Pennsylvania.
9. Venue is proper under 28 U.S.C.§1391 Ch) Procedural Requirements. IV. PROCEDURAL REQUIREMENTS
10. On or about March 18, 2005, more than thirty days prior to the institution of this lawsuit Ashley Bowermaster filed a charge with the Commission alleging violations of Title VII by Defendant Employer, and dual filed with the Pennsylvania Human Relations Commission alleging sex discrimination and workplace harassment by her employer, SHALIL. INC., and RAJA PATEL. All conditions precedent to the institution of this lawsuit have been fulfilled.
11. Following it's investigation, the EEOC determined there was cause for finding a violation of Title VII by Defendant, SHALIL, INC., and on or about August 3, 2006, filed this lawsuit, naming SHALIL, INC. (D/B/ADUNKIN DONUTS/BASKIN ROBBINS LEOLA, PA) as Defendant. Plaintiff-Intervener, ASHLEY BOWERMASTER, filed a Motion to Intervene, to which this Complaint was appended.
12. Plaintiff-Intervener joins with Plaintiff, EEOC, in filing this Complaint, and incorporates the EEOC Complaint to the extent not inconsistent herein.
13. The amount in controversy exceeds $75,000.00. 14. Plaintiff-Intervener, ASHLEY BOWERMASTER, has fully complied with all the administrative prerequisites for the commencement of this action.

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V. FACTUAL ALLEGATIONS

No. 06-3429

15. As articulated with greater particularity below, Ashley Bowermaster, a counter and

cash register worker, and a class of female employees were subjected to sexual harassment by male

supervisors, and co-workers, beginning in August 2004. The Plaintiff-Intervener alleges that despite

numerous complaints by these women, Defendants failed to undertake any effective remedial action

to stop the offensive and discriminatory conduct. Plaintiff-Intervener was subjected to a hostile work

environment.

16. As a result of the sexual harassment, Ashley Bowermaster, as well as other female

employees were forced to resign from their employment and were constructively discharged from

their positions as counter and cash register employees. Ashley Bowermaster, and a class of female

employees suffered severe emotional distress and damages as a result of the illegal conduct of the

Defendants.

17. Since at least September-October, 2004, Defendant Employer has engaged in

unlawful employment practices at its Leola, Pennsylvania facility, in violation of section 703(a)(1)

of Title VII, the Civil Rights Act, the Pennsylvania Human Relations Act and the Pennsylvania

Common Law, by subjecting Plaintiff-Intervener, ASHLEY BOWERMASTER, and a class of

female employees to continuing disparate, discriminating, and harassing treatment creating a

sexually hostile and abusive work environment. The unlawful employment practices include, but are

not limited to, the following:

a. Ashley Bowermaster, then age 16, started working for Defendant as a counter

and cash register employee on or about September 1, 2004. Her duties included operating the

register, cleaning the store, preparing food and stocking supplies. She worked approximately

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No. 06-3429 twenty (20) hours per week because she was a full-time high school student. At all relevant times, Ms. Bowermaster's performance was satisfactory.
b. From the beginning of her employment, Ms. Bowermaster was subjected to egregious sexual harassment by Defendant employee Raja Patel. He would constantly smile and wink at her in a sexually inappropriate manner. He would also grabbed and touched her body against her wishes. Once, using the ruse of shoving waste paper in her pants pocket, he fondled her buttocks. Another incident occurred in October 2004, when Ms. Bowermaster came to the store to show some of her co-workers the dress outfit she was planning to wear for her high school's homecoming, which was scheduled that night. While at the store, she put her hands on the counter, and Raja Patel unexpectedly grabbed her arms and tried to pull Ms. Bowermaster over the counter to him. She was terrified what Mr. Patel would do to her if he successfully pulled her over the counter. She pulled as hard as she possibly could and was able to eventually break away from his clutches. While Ms. Bowermaster looked in disbelief at Raja Patel, he simply smiled at her.
c. Ms. Bowermaster later learned that other females, some of whom were minors, were also being sexually harassed by Defendant employees, including but not limited to, managers Chintan Patel and Praful Patel. Fed up by the disgusting and insulting behavior they were being subjected to, Ms. Bowermaster and some of these women complained to managers such as Chintan Patel and Praful Patel that they wanted the sexual harassment to stop. However, the male managers laughed at them and completely disregarded their Complaints.

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No. 06-3429 d. In addition, a class of female employees of which Plaintiff-Intervener was a member were also subjected to egregious sexual harassment while working for Defendant. The harassment included, but was not limited to, unwelcome sexual advances, inappropriate sexual comments, uninvited sexually explicit language and remarks, and unwelcome egregious physical touching and contact, on a regular and on-going basis. e. Managers such as Chintan Patel, Praful Patel and Pranav Patel, as well as other male employees, sexually harassed the class of female employees on almost each and every occasion that they worked. For example, Chintan Patel, after promising to drive home a female employee, pushed down her driver's seat, got on top of her, ran his hand up her shirt and started kissing on her neck. The young female employee resisted, but he held her down with his arms. She finally was able to get away from him and call her mother to come get her. f. The class members consistently objected to each sexually inappropriate comment and advance made by these male managers and employees by asking the supervisors to stop the behavior. Moreover, the female employees begged other supervisors, such as Harry Patel, to put an end to the sexual harassment. However, Defendant failed to take effective corrective action to stop what was happening and the harassment continued. g. Defendant Employer, Shalil, Inc., knew or should have known about the harassment, but failed to take prompt and effective remedial measures to correct the hostile work environment committed against Ashley Bowermaster and a class of female employees. 18. Because of the circumstances set forth above, and Defendant, SHALIL, INC.'s, failure to remedy and stop the sexual harassment, the work environment became so intolerable that PlaintiffIntervener was constructively discharged in October 2004. Plaintiff-Intervener, ASHLEY

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No. 06-3429 BOWERMASTER, did not go back to work because she was afraid these incidents would continue to happen.
19. Defendants failed to prevent, address, or remedy the improper, discriminatory actions referred to herein, and further failed to take corrective measures to make the workplace free of discriminatory and harassing conduct.
20. As a direct and proximate result of the improper, discriminatory, and harassing conduct of Defendants, Ashley Bowermaster has in the past incurred, and may in the future incur, a loss of earnings and/or earning capacity, loss of benefits, attorney fees, pain and suffering, embarrassment, humiliation, mental anguish, and loss of life's pleasures, the full extent of which are not known at this time.
21. Defendants engaged in discriminatory conduct with malice and reckless indifference to Ashley Bowermaster's right to be free from such discrimination. The conduct of Defendants, as set forth herein, was outrageous under the circumstances, and warrants the imposition of punitive damages.
COUNT I Title VII 22. Plaintiff-Intervener, ASHLEY BOWERMASTER, incorporates herein by reference paragraphs 1 through 21 above, as set forth herein in their entirety. 23. Defendants, by their discriminatory actions against Ashley Bowermaster, have violated Title VII. 24. Said violations were intentional.

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No. 06-3429 25. Said violations were conducted with malice and reckless indifference to Ashley Bowermaster's right to be free from such discrimination. The conduct of Defendants, as set forth herein, was outrageous under the circumstances, and warrants the imposition of punitive damages. 26. As a direct and proximate result of Defendants' violation of Title VII, Ashley Bowermaster has sustained the injuries, damages, and losses set forth herein. 27. Plaintiff-Intervener, ASHLEY BOWERMASTER, is now suffering, and will continue to suffer irreparable injury and monetary damages as a result of Defendants' discriminatory conduct unless and until this Court grants the relief requested herein.
COUNT II Pennsylvania Human Relations Act 28. Plaintiff-Intervener, ASHLEY BOWERMASTER, incorporates herein by reference paragraphs 1 through 27 above as if set forth herein in their entirety. 29. Defendant, SHALIL, INC. (D/B/A DUNKIN DONUTS/BASKIN ROBBINS LEOLA, PA), violated the PHRA by its discriminatory actions against Ashley Bowermaster. 30. Defendant, RAJA PATEL, is individually liable for his act under provisions of the PHRA as a result of his discriminatory conduct directed toward Ashley Bowermaster. 31. Defendant, SHALIL, INC. (D/B/A DUNKIN DONUTS/BASKIN ROBBINS LEOLA, PA), is liable for the act of its employee, Raja Patel, who had supervisory responsibility over Plaintiff-Intervener, ASHLEY BOWERMASTER. 32. Said violations were intentional.

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No. 06-3429 33. As a direct and proximate result of Defendants' violation of the PHRA, Ashley Bowermaster has sustained the injuries, damages, and losses set forth herein. 34. Plaintiff-Intervener, ASHLEY BOWERMASTER, is now suffering, and will continue to suffer irreparable injury and monetary damages as a result of Defendants' discriminatory, and retaliatory acts unless and until this Court grants the relief requested herein.
COUNT III Intentional Infliction of Emotional Distress 35. Plaintiff-Intervener, ASHLEY BOWERMASTER, re-alleges and reincorporates by reference all allegations contained in paragraphs 1 through 34 as if set forth herein in their entirety. 36. By the conduct outlined above, Defendant, SHALIL, INC. (D/B/A DUNKIN DONUTS/BASKIN ROBBINS LEOLA, PA), through its duly authorized agent, Raja Patel, intentionally inflicted emotional distress on Ashley Bowermaster. 37. Defendants' conduct, as outlined above, was so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized society. 38. Defendants engaged in such conduct with malice and reckless indifference to the rights of Ashley Bowermaster. 39. As relief for Defendants' unlawful conduct, Ashley Bowermaster is entitled to recover, in amounts to be proved at trial, compensatory damages for pain and suffering, past and future; for mental anguish and humiliation, past and future; for loss of enjoyment of life's pleasure, past and future.

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No. 06-3429 40. As further relief for the unlawful conduct, Ashley Bowermaster is entitled to recover, in amounts to be proved at trial, punitive damages. 41. As further relief for Defendants' unlawful conduct, Ashley Bowermaster is entitled to recover, in amounts to be proved at trial, all other legal and equitable relief recoverable under state tort law, including, but not limited to, attorney fees, expert witness fees, the costs of this action, and pre and post-judgment interest.
COUNT IV Assault and Battery 42. Plaintiff-Intervener, ASHLEY BOWERMASTER, re-alleges and reincorporates by reference all allegations contained in paragraphs 1 through 41 as if set forth herein in their entirety. 43. The physical touching of the body of the Plaintiff-Intervener, ASHLEY BOWERMASTER, by Defendant, RAJA PATEL constituted battery. 44. Plaintiff-Intervener, ASHLEY BOWERMASTER, did not desire this touching to occur. 45. The conduct of the Defendant, RAJA PATEL, set forth above was intended to cause harmful or offensive contact with the body of the Plaintiff-Intervener, and that the Defendant, RAJA PATEL, intended to put the Plaintiff-Intervener in reasonable and immediate fear of a harmful or offensive contact with her body. 46. The Plaintiff-Intervener was justifiably put in reasonable and immediate fear that if she continued to be employed by Defendant, SHALIL, INC. (D/B/A DUNKIN DONUTS/BASKIN ROBBINS LEOLA, PA), that the harmful or offensive contact from Defendant, RAJA PATEL, would continue.

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No. 06-3429 47. Defendant, SHALIL, INC. (D/B/A DUNKIN DONUTS/BASKIN ROBBINS LEOLA, PA), knew or should have known of this behavior on the part of Defendant, RAJA PATEL, and took no action to correct the situation. 48. In as much as the Defendant, RAJA PATEL, was an employee of Defendant, SHALIL, INC. (D/B/A DUNKIN DONUTS/BASKIN ROBBINS LEOLA, PA), and was acting with in the scope of his employment with Shalil, Inc., and having supervisory responsibilities over the Plaintiff-Intervener, Ashley Bowermaster, Defendant, SHALIL, INC. (D/B/A DUNKIN DONUTS/BASKIN ROBBINS LEOLA, PA), is also liable for the assault and battery perpetrated by the Defendant, Raja Patel, upon the person of the Plaintiff-Intervener, ASHLEY BOWERMASTER. VI. PRAYER FOR RELIEF WHEREFORE, Plaintiff-Intervener, ASHLEY BOWERMASTER, respectfully requests that this Court Enter Judgement against the Defendants: A. Declaring the acts and practices complained of herein to be in violation of Title VII; B. Declaring the acts and practices complained of herein to be in violation of the PHRA; C. Declaring the acts and practices complained of herein to be in violation of Pennsylvania Common Law including, the intentional infliction of emotional distress; and assault and battery; D. Enjoining and restraining permanently the allegations alleged herein; E. Directing Defendants to take such affirmative actions as are necessary to assure that the effects of the unlawful employment practices complained of herein are eliminated;

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No. 06-3429 F. Order Defendants to make whole Ashley Bowermaster by awarding appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. G. Order Defendants to make whole Ashley Bowermaster by awarding compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, including but not limited to out-of-pocket losses in amounts to be determined at trial. H. Order Defendants to make whole Ashley Bowermaster by awarding compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of above, including pain and suffering, humiliation, embarrassment, and loss of life's pleasures, in amounts to be determined at trial. I. Awarding Plaintiff-Intervener compensatory damages for extreme emotional upset, mental anguish, humiliation, loss of life’s pleasures and pain and suffering; J. Order Defendants to pay Plaintiff-Intervener, ASHLEY BOWERMASTER, compensatory damages for the assault and battery she suffered. K. Order Defendant, SHALIL, INC. (D/B/A DUNKIN DONUTS/BASKIN ROBBINS LEOLA, PA), and Defendant, RAJA PATEL, to pay Ashley Bowermaster punitive damages for the malicious and reckless conduct described above, in amounts to be determined at trial. L. Awarding Plaintiff-Intervener such other damages as are appropriate under Title VII, the Pennsylvania Human Relations Act, and the Pennsylvania Common Law Grant such further relief as the Court deems necessary and proper in the public interest. M. Award Plaintiff-Intervener, ASHLEY BOWERMASTER, attorney fees and costs of this action.

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No. 06-3429
N. Grant such other and further relief as the Court deems necessary and proper in the public interest.
Respectfully Submitted,

Dated: September 18, 2006

SKO6910 Scott K. Oberholtzer, Esquire 18 East King Street Lancaster, PA 17602 (717) 397-4194 I.D. No. 23698 Attorney for Plaintiff-Intervener Ashley Bowermaster

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff
and

CIVIL ACTION NO. 06-3429

ASHLEY BOWERMASTER, Plaintiff-Intervener

v.

JURY TRIAL DEMANDED

SHALIL, INC. (D/B/A DUNKIN DONUTS/ BASKIN ROBBINS LEOLA, PA); RAJA PATEL,
Defendants

CERTIFICATE OF SERVICE

TO THE CLERK OF COURT:

The undersigned hereby certifies that I have caused a true and correct copy of the foregoing INTERVENER COMPLAINT to be served via first class mail, postage prepaid, to the following person(s) on the date indicated below:

Shalil, Inc. (D/B/A Dunkin Donuts/Baskin Robbins Leola, PA) 366 West Main Street Leola, PA 17540

Raja Patel Shalil, Inc. 366 West Main Street Leola, PA 17540

Woody Anglade - Trial Attorney Judith A. O'Boyle - Sup. Trial Atty. Jacqueline McNair - Reg. Attorney U.S. EEOC Philadelphia District Office The Bourse Building 21 South Fifth Street - Suite 400 Philadelphia, PA 19106

James L. Lee - Deputy General Counsel Gwendolyn Young Reams - Associate General Counsel U.S. Equal Employment Opportunity Commission 1801 L. Street, NW Washington, DC 20507

The foregoing document has also been filed electronically by providing the Office of the Clerk with copy of this document in PDF format, and will be available for viewing and downloading on the ECF System.
Respectfully Submitted,

Dated: September 18, 2006

SKO6910 Scott K. Oberholtzer, Esquire 18 East King Street Lancaster, PA 17602 (717) 397-4194 I.D. No. 23698 Attorney for Plaintiff-Intervener Ashley Bowermaster

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 United States Equal Employment Opportunity Commiss~on Philadelphia District Office 21 S S* Strcet, Suite 400 Ph~ladelphia,PA 19106 Woody Anglade Trial Attorney

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

EQUAL EMPLOYMENT OPPORTUNITY

1

COMMISSION, et al,,

1

1

Plaintiffs,

1

1

1

)

SHAHIL, INC. (D/B/A DUNKlN DONUTS/

1

BASKIN ROBBINS LEOLA, PA), R.N. FOODS )

CORP., SHANKER CORP., OM SHREE JI

1

CORP., RATANAM, INC., ICCHA FOODS

)

CORP.,

1

)

Defendants.

)

CNIL ACTION NO, 06-3429
M E N D E D COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under Title V n of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices that discriminate on the basis of sex, female, and to provide appropriate relief to Ashley Bowennaster, then a 16 year old minor, and a class of female employees, who were adversely affected by such practices. As articulated with greater particularity in paragraph 7 below, the Commission alleges that AshIey Bowennaster, a counter and cash register worker, and a class of female employees were subjected to sexual harassment by male supervisors and co-workers, beginning in August 2004. The Commission alleges that despite numerous complaints by these women, Defendants failed to undertake any effective remedial action to stop the offensive and discriminatory conduct.

As aresult ofthe sexual harassment, Ashley Bowemaster, aswell as other femaleemployees were forced to resign from their employment and were constructively discharged from their positions as counter and cash register employees. The Charging Party and a class of female employees suffered severe emotional distress and damages as a result of the illegal conduct of the Defendants.
JURISDlCTION AND VENUE
1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. $9 45 1, 1331, 1337,
1343 and 1345. This action is authorized and instituted pursuant to 5 706(f)(1) and (3) of Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. 8 2000e-5(f) and (3), ('Title VII"), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. 5 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 Eastern District of Pennsylvania.
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 Title VLI, and is expressly authorized to bring this action by Section 706(f)(l) and
(3) of Title VII, 42 U.S.C. 4 2000e-5(f)(l) and (3).
4. At all relevant times, Defendant, Shahil, Inc., d/b/a Dunkin DonutsLBaskin Robbins, has continuously been and is now doing business in the State of Pennsylvania and the town of Leola, Pennsylvania, and via integrated enterprise has continuously had at least fifteen (15) employees.
5 . At all relevant times, Defendant, R.N. Foods Cop., d/b/a Dunkin Donuts, has continuously been and is now doing business in the State of Pennsylvania and the cities of Philadelphia and Drexel Hill, Pennsylvania, and via integrated enterprise has continuously had at least fifteen ( 15) employees.

6. At all relevant times, Defendant, Shanker Corp., d/b/a Dunkin Donuts/Baskin Robbins has continuously been and is now doing business in the State of Pennsylvania and the town of Glenside, Pennsylvania, and via integrated enterprise has continuously had at least fifteen (15) employees.
7. At all relevant times, Defendant. OM Shree Ji Corp., d/b/a Dunkin Donuts, has continuously been and is now doing business in the State of Pennsylvania and the town of Morgantown, Pennsylvania, and via integrated enterprise has continuously had at least fifteen ( I 5) employees.
8. At all relevant times, Defendant, Ratanam, Inc., d/b/a Dunkin Donuts, has continuously been and is now doing business in the Stateof Pennsylvania and the town of Elverson, Pennsylvania, and via integrated enterprise has continuously had at least fiAeen (15) employees.
9 . At all relevant times, Defendant, Iccha Foods, d/b/a Dunkin Donuts/Baskin Robbins has continuously been and is now doing business in the State of Pennsylvania and the town of Parksburg, Pennsylvania, and via integrated enterprise has continuously had at least fifteen (15) employees.
10. At all relevant times, Defendants described in paragraphs 4 through 9 have operated as an integrated enterprise and have continuously been a single employer engaged in an industry
affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. $5
2000e(b), (g) and (h). STATEMENT OF CLAIMS
11. More than thiriy days prior to the institution of this lawsuit Ashley Bowemaster filed a charge with the Commission alleging violations of Title VII by Defendant Shahil, Inc. All

conditions precedent to the institution of this lawsuit have been fulfilled. 12. Since at least August-September 2004, Defendants, as an integrated enterprise have
engaged in unlawful employment practices at its Leola, Pennsylvania facility, in violation of section
703(a)(l) ofTitle VIl, 42 U.S.C. 5 2000e-2(a)(l) and 2000(e)-3(a)(l),by subjecting Charging Party
Ashley Bowermaster and a class of female employees to a sexually hostile and abusive work environment. The unlawful employment practices include, but are not limited to, the following:
(a) Ashley Bowermaster, then age 16,started working for Defendant Shahil as a counter and cash register employee on or about September 2004. Her duties included operating the register, cleaning the store, preparing food and stocking supplies. She worked approximately 20 hours per week because she was a full-time high school student. At all relevant times, Ms. Bowernaster's performance was satisfactory.
(b) From the beginning of her employment, Ms. Bowemaster was subjected to egregious sexual harassment by Defendant employee Raja Patel (John Doe). He would constantly smile and wink at her in a sexually inappropriate manner. He would also grab and touch her body against her wishes. For instance, one day, Ms. Bowermaster came to the store to show some of her co-workers the dress outfit she was planning to wear for her high school's homecoming, which was scheduled that night. While at the store, she put her hands on the counter, and Raja Patel (John Doe) unexpectedly grabbed her arms and tried to pull Ms. Bowermaster over the counter to him, Shewas terrified what Mr. Pate1 (Doe) would do to her if he successfully pulled her over the counter. She pulled as hard as she possibly could and was able to eventuallybreak away fiom his clutches. While Ms. Bowermaster looked in disbelief at Raja Pate1 (John Doe), he simply smiled at her.
(c) Ms. Bowermaster later learned that other females, some ofwhom were minors, were

also being sexually harassed by other employees, including but not limited to, managers Chintan Patel and Praful Patel. Fed up by rhe disgusting and insulting behavior they were being subjected to, Ms. Bowermaster and some of these women complained to managers such as Chintan Patel and Praful Patel that they wanted the sexual harassment to stop. However, the male managers laughed at them and completely disregarded their complaints. Because Defendants did not take remedial action, Ashley Bowermaster was constructively discharged by Defendants.
(d) ln addition, a class of female employees were ahso subjected to egregious sexual harassment while working for Defendants. The harassment included, but was not limited to, unwelcome sexual advances, inappropriate sexual comments, uninvited sexually explicit language and remarks, and unwelcome egregious physical touching and contact, on a regular and on-going basis.
(e) Managers such as Chintan Patel, Praful Pate1 and Pranav Patel, as well as other male
employees, sexually harassed the class of femaleemployeeson almost each and every occasion that they worked. For example, Chintan Patel, afterpromising to drive home a female employee,pushed down her driver's seat, got on top of her, ran his hand up her shirt and started kissing on her neck. The young female employee resisted, but hc held her down with his arms. She finally was able to get away &om him and call her mother to come get her,
ff) Theclass members consistentlyobjected to cach sexuallyinappropriatecomment and advance made by these male managersand employeesby askingthe supervisors to stop thebehavior. Moreover, the female employeesbegged other supervisors, such as Harry Patci, to put an a~dto the sexual harassment. However, Defendants failed to take effective corrective action to stop what was happening and the harassment continued.

(g) Defendants knew or should have known about the harassment, but failed to take prompt and effective remedial measurcs to correct the hostile work environment committed against Ashley Bowermaster and a class of female employees.
( 13) The effect of the practices complained of in paragraph 12(a) through (g) above has been to deprive Ashley Bowermaster and a class of female employees of equal employment opportunities and otherwise affect their status as employees because of their gender (female).
(14) The acts complained of in paragraph 12(a)through (g) were intentional. (1 5 ) The unlawhl emploplent practices complained of in paragraphs 12(a) through (g) above were done with malice or with reckless indifference to the federally protected rights of Ashley Bowermaster and a class of female employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant apermanent injunction enjoining Defendants,its officers, successors,assigns, and all persons in active concert or participation with it, from engaging in sexual harassment, disparatetreatment,constructivedischarge, and any other employment practicewhich discriminates on the basis of sex. B. Order Defendants to institute and cany out policies, practices, and programs which provide equal employment opportunities for women, which eradicate the effects of its past and present unlawful employment practices. C. OrderDefendants to instituteand carry out a complaintprocedure which encourages employees to come forward wilh complaints regarding violations of its policies against discrimination and harassment.

D. Order Defendants to institute and cany out a training program which shall promote supervisor accountability imposing on all managers and supervisory personnel a duty to actively monitor their work areas to ensure compliance with policies on non-discrimination; and requiring all managers and supervisors to report any incidents and/or complaints of harassment and/or retaliation of which they become aware to the department charged with handling such complaints.
E. Order Defendants to make whole Ashley Bowennaster and a class of female employees by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative reliefnecessary to eradicate the effects of its unlawful employment practices.
F. Order Defendants to make whole Ashley Bowermaster and a class of female employees by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 12(a) through (g) above, including but not limited to out-of-pocket losses in amounts to be determined at trial.
G . Order Dcfcndants to make whole Ashley Bowermaster and a class of female employees by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 12ja)through (g)above, includingpain and suffering, humiliation, embarrassment, and loss of life's pleasures, in amounts to be determined at trial,
H. Order Defendants to pay Ashley Bowermaster and a class of female employees
punitive damages Tor its malicious and reckless conduct described in paragraphs 12(a) through (g) above, in amounts to be determined at trial.
I. Grant such further rclicf as the Court deems necessary and proper in the public interest.
J. 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.
JAMESL. LEE Deputy General Counsel
GWENDOLYYNOUNGREAMS
Associate General Counsel U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMlSSION 1801 L. Street, NW Washington, DC 20507
Regional Attorney
Supervisory Trial Attorney
Trial Attorney J EQUAL EMPLOYMENT OPPORTUNITY COMMISSJON Philadelphia District Office The Bourse Building 21 S . 5IhStreet, Suite 400 Philadelphia, PA 19106 Telephone (215) 440-2814

 
 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff

and
ASHLEY BOWERMASTER, Plaintiff-Intervener

CIVIL ACTION NO. 06-3429

v.
SHALIL, INC. (D/B/A DUNKIN DONUTS/ BASKIN ROBBINS LEOLA, PA); R.N. FOODS CORP., SHANKER CORP., OM SHREE JI CORP., RATANAM, INC., ICCHA FOODS CORP., RAJA PATEL aka (JOHN DOE),
Defendants

AMENDED COMPLAINT JURY TRIAL DEMANDED

PLAINTIFF-INTERVENER'S AMENDED COMPLAINT

I. PRELIMINARY STATEMENT Plaintiff-Intervener, Ashley Bowermaster, brings this action against Defendants, SHALIL,
INC. (D/B/A DUNKIN DONUTS/ BASKIN ROBBINS LEOLA, PA), and RAJA PATEL, aka JOHN DOE, more properly known as a name which has not yet been provided by the Defendant, for sexual harassment and sex discrimination, including subjecting her to a hostile work environment, and for tort claims arising under Pennsylvania Common Law. Ms. Bowermaster seeks compensatory and punitive damages, and other statutory relief under federal and state laws, Title VII of the Civil Rights Act of 1964, Title I of the Civil Rights Act of 1991, the Pennsylvania Human Relations Act, and the Pennsylvania Common Law. II. PARTIES

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No. 06-3429 1. Plaintiff-Intervener, Ashley Bowermaster, an individual is and was at all times relevant hereto a citizen of the United States, an individual, and a citizen of the Commonwealth of Pennsylvania, residing at 420 Dohner lane, Lancaster, Pennsylvania. She is a female. 2. At all relevant times, Defendant, Shahil, Inc., d/b/a Dunkin Donuts/Baskin Robbins ("Shahil"), a corporation, has continuously been and is now doing business in the State of Pennsylvania at 366 West Main Street, Leola, Pennsylvania, 17540 and has continuously had at least fifteen (15) employees. 3. At all relevant times, Defendant Employer had continuously been an employer engaged in 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). 4. Defendant, RAJA PATEL, aka JOHN DOE, more properly known as a name which has not yet been provided by the Defendant, an adult individual, was at all times material and relevant hereto an employee of Defendant, SHALIL, INC., and had supervisory responsibility over Plaintiff-Intervener. Mr. Patel’s last known business address was 366 West Main Street, Leola, PA 17540. 5. Upon information and belief, Defendant, RAJA PATEL, aka JOHN DOE, more properly known as a name which has not yet been provided by the Defendant, is related by blood or marriage to the owners of Defendant, SHALIL, INC., and other management personnel at the subject business in Leola, PA 17540. 6. At all times material hereto, Defendant, SHALIL. INC., acted by and through its authorized agents, servants, workman, and/or employees, including Defendant, RAJA PATEL, aka JOHN DOE, more properly known as a name which has not yet been provided by the Defendant,

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No. 06-3429 who was acting within the course and scope of his and their employment with the Defendant, SHALIL, INC., and in the furtherance of Defendant's, SHALIL, INC.'s business.
7. At all relevant times, Defendant, R.N. Foods Corp., d/b/a Dunkin Donuts, has continuously been and is now doing business in the Commonwealth of Pennsylvania, and the cities of Philadelphia and Drexel Hill, Pennsylvania, and via integrated enterprise has continuously had at least fifteen (15) employees.
8. At all relevant times, Defendant, Shanker Corp., d/b/a Dunkin Donuts/BaskinRobbins, has continuously been and is now doing business in the Commonwealth of Pennsylvania, and the town of Glenside, Pennsylvania, and via integrated enterprise has continuously had at least fifteen (15) employees.
9. At all relevant times, Defendant, OM Shree Ji Corp., d/b/a Dunkin Donuts, has continuously been and is now doing business in the Commonwealth of Pennsylvania, and the town of Morgantown, Pennsylvania, and via integrated enterprise has continuously had at least fifteen (15) employees.
10. At all relevant times, Defendant, Ratanam, Inc., d/b/a Dunkin Donuts, has continuously been and is now doing business in the Commonwealth of Pennsylvania, and the town of Elverson, Pennsylvania, and via integrated enterprise has continuously had at least fifteen (15) employees.
11. At all relevant times, Defendant, Iccha Foods, d/b/a Dunkin Donuts/BaskinRobbins, has continuously been and is now doing business in the Commonwealth of Pennsylvania, and the town of Parksburg, Pennsylvania, and via integrated enterprise has continuously had at least fifteen (15) employees.

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No. 06-3429 12. At all relevant times, Defendants described in paragraphs 2 through 11 have operated as an integrated enterprise, and have continuously been a single employer engaged in 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). III. JURISDICTION AND VENUE 13. The causes of this action arise, under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-, et seq., ("Title VII"), Section 102 of the Civil Rights Act of 1991, the Pennsylvania Human Relations Act as amended, 43 P.S. Sec. 951, et seq. (PHRA), and the Pennsylvania Common Law. The District Court has jurisdiction over causes of action under Title VII, pursuant to 42 U.S.C. § 2000 (e) - 5 (f) and 28 U.S.C. § 1331, the Pennsylvania Human Relations Act pursuant to 28 U.S.C. 1367, and the Pennsylvania Common Law claims pursuant to 28 U.S.C. 1367. 14. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Eastern District of Pennsylvania. 15. Venue is proper under 28 U.S.C.§1391 Ch) Procedural Requirements. IV. PROCEDURAL REQUIREMENTS 16. On or about March 18, 2005, more than thirty days prior to the institution of this lawsuit Ashley Bowermaster filed a charge with the Commission alleging violations of Title VII by Defendant Employer, and dual filed with the Pennsylvania Human Relations Commission alleging sex discrimination and workplace harassment by her employer, SHALIL. INC., and RAJA PATEL, aka JOHN DOE, more properly known as a name which has not yet been provided by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled.

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No. 06-3429 17. Following it's investigation, the EEOC determined there was cause for finding a violation of Title VII by Defendant, SHALIL, INC., and on or about August 3, 2006, filed this lawsuit, naming SHALIL, INC. (D/B/ADUNKIN DONUTS/BASKIN ROBBINS LEOLA, PA) as Defendant. Plaintiff-Intervener, ASHLEY BOWERMASTER, filed a Motion to Intervene, to which this Complaint was appended. 18. Plaintiff-Intervener joins with Plaintiff, EEOC, in filing this Complaint, and incorporates the EEOC Complaint to the extent not inconsistent herein. 19. The amount in controversy exceeds $75,000.00. 20. Plaintiff-Intervener, ASHLEY BOWERMASTER, has fully complied with all the administrative prerequisites for the commencement of this action. V. FACTUAL ALLEGATIONS 21. As articulated with greater particularity below, Ashley Bowermaster, a counter and cash register worker, and a class of female employees were subjected to sexual harassment by male supervisors, and co-workers, beginning in August 2004. The Plaintiff-Intervener alleges that despite numerous complaints by these women, Defendants failed to undertake any effective remedial action to stop the offensive and discriminatory conduct. Plaintiff-Intervener was subjected to a hostile work environment. 22. As a result of the sexual harassment, Ashley Bowermaster, as well as other female employees were forced to resign from their employment and were constructively discharged from their positions as counter and cash register employees. Ashley Bowermaster, and a class of female employees suffered severe emotional distress and damages as a result of the illegal conduct of the Defendants.

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No. 06-3429 23. Since at least September-October, 2004, Defendant Employer has engaged in unlawful employment practices at its Leola, Pennsylvania facility, in violation of section 703(a)(1) of Title VII, the Civil Rights Act, the Pennsylvania Human Relations Act and the Pennsylvania Common Law, by subjecting Plaintiff-Intervener, ASHLEY BOWERMASTER, and a class of female employees to continuing disparate, discriminating, and harassing treatment creating a sexually hostile and abusive work environment. The unlawful employment practices include, but are not limited to, the following:
a. Ashley Bowermaster, then age 16, started working for Defendant as a counter and cash register employee on or about September 1, 2004. Her duties included operating the register, cleaning the store, preparing food and stocking supplies. She worked approximately twenty (20) hours per week because she was a full-time high school student. At all relevant times, Ms. Bowermaster's performance was satisfactory.
b. From the beginning of her employment, Ms. Bowermaster was subjected to egregious sexual harassment by Defendant employee Raja Patel, aka John Doe, more properly known as a name which has not yet been provided by the Defendant. He would constantly smile and wink at her in a sexually inappropriate manner. He would also grabbed and touched her body against her wishes. Once, using the ruse of shoving waste paper in her pants pocket, he fondled her buttocks. Another incident occurred in October 2004, when Ms. Bowermaster came to the store to show some of her co-workers the dress outfit she was planning to wear for her high school's homecoming, which was scheduled that night. While at the store, she put her hands on the counter, and Raja Patel, aka John Doe, more properly known as a name which has not yet been provided by the Defendant, unexpectedly grabbed

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No. 06-3429 her arms and tried to pull Ms. Bowermaster over the counter to him. She was terrified what Mr. Patel would do to her if he successfully pulled her over the counter. She pulled as hard as she possibly could and was able to eventually break away from his clutches. While Ms. Bowermaster looked in disbelief at Raja Patel, aka John Doe, more properly known as a name which has not yet been provided by the Defendant, he simply smiled at her.
c. Ms. Bowermaster later learned that other females, some of whom were minors, were also being sexually harassed by Defendant employees, including but not limited to, managers Chintan Patel and Praful Patel. Fed up by the disgusting and insulting behavior they were being subjected to, Ms. Bowermaster and some of these women complained to managers such as Chintan Patel and Praful Patel that they wanted the sexual harassment to stop. However, the male managers laughed at them and completely disregarded their Complaints.
d. In addition, a class of female employees of which Plaintiff-Intervener was a member were also subjected to egregious sexual harassment while working for Defendant. The harassment included, but was not limited to, unwelcome sexual advances, inappropriate sexual comments, uninvited sexually explicit language and remarks, and unwelcome egregious physical touching and contact, on a regular and on-going basis.
e. Managers such as Chintan Patel, Praful Patel and Pranav Patel, as well as other male employees, sexually harassed the class of female employees on almost each and every occasion that they worked. For example, Chintan Patel, after promising to drive home a female employee, pushed down her driver's seat, got on top of her, ran his hand up her shirt

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No. 06-3429 and started kissing on her neck. The young female employee resisted, but he held her down with his arms. She finally was able to get away from him and call her mother to come get her.
f. The class members consistently objected to each sexually inappropriate comment and advance made by these male managers and employees by asking the supervisors to stop the behavior. Moreover, the female employees begged other supervisors, such as Harry Patel, to put an end to the sexual harassment. However, Defendant failed to take effective corrective action to stop what was happening and the harassment continued.
g. Defendant Employer, Shalil, Inc., knew or should have known about the harassment, but failed to take prompt and effective remedial measures to correct the hostile work environment committed against Ashley Bowermaster and a class of female employees. 24. Because of the circumstances set forth above, and Defendant, SHALIL, INC.'s, failure to remedy and stop the sexual harassment, the work environment became so intolerable that PlaintiffIntervener was constructively discharged in October 2004. Plaintiff-Intervener, ASHLEY BOWERMASTER, did not go back to work because she was afraid these incidents would continue to happen. 25. Defendants failed to prevent, address, or remedy the improper, discriminatory actions referred to herein, and further failed to take corrective measures to make the workplace free of discriminatory and harassing conduct. 26. As a direct and proximate result of the improper, discriminatory, and harassing conduct of Defendants, Ashley Bowermaster has in the past incurred, and may in the future incur, a loss of earnings and/or earning capacity, loss of benefits, attorney fees, pain and suffering,

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No. 06-3429 embarrassment, humiliation, mental anguish, and loss of life's pleasures, the full extent of which are not known at this time.
27. Defendants engaged in discriminatory conduct with malice and reckless indifference to Ashley Bowermaster's right to be free from such discrimination. The conduct of Defendants, as set forth herein, was outrageous under the circumstances, and warrants the imposition of punitive damages.
COUNT I Title VII 28. Plaintiff-Intervener, ASHLEY BOWERMASTER, incorporates herein by reference paragraphs 1 through 21 above, as set forth herein in their entirety. 29. Defendants, by their discriminatory actions against Ashley Bowermaster, have violated Title VII. 30. Said violations were intentional. 31. Said violations were conducted with malice and reckless indifference to Ashley Bowermaster's right to be free from such discrimination. The conduct of Defendants, as set forth herein, was outrageous under the circumstances, and warrants the imposition of punitive damages. 32. As a direct and proximate result of Defendants' violation of Title VII, Ashley Bowermaster has sustained the injuries, damages, and losses set forth herein. 33. Plaintiff-Intervener, ASHLEY BOWERMASTER, is now suffering, and will continue to suffer irreparable injury and monetary damages as a result of Defendants' discriminatory conduct unless and until this Court grants the relief requested herein. COUNT II

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Pennsylvania Human Relations Act

No. 06-3429

34. Plaintiff-Intervener, ASHLEY BOWERMASTER, incorporates herein by reference

paragraphs 1 through 27 above as if set forth herein in their entirety.

35. Defendant, SHALIL, INC. (D/B/A DUNKIN DONUTS/BASKIN ROBBINS

LEOLA, PA), violated the PHRA by its discriminatory actions against Ashley

Bowermaster.

36. Defendant, RAJA PATEL, aka JOHN DOE, more properly known as a name which

has not yet been provided by the Defendant, is individually liable for his act under provisions of the

PHRA as a result of his discriminatory conduct directed toward Ashley Bowermaster.

37. Defendant, SHALIL, INC. (D/B/A DUNKIN DONUTS/BASKIN ROBBINS

LEOLA, PA), is liable for the act of its employee, Raja Patel, who had supervisory responsibility

over Plaintiff-Intervener, ASHLEY BOWERMASTER.

38. Said violations were intentional.

39. As a direct and proximate result of Defendants' violation of the PHRA, Ashley

Bowermaster has sustained the injuries, damages, and losses set forth herein.

40. Plaintiff-Intervener, ASHLEY BOWERMASTER, is now suffering, and will continue

to suffer irreparable injury and monetary damages as a result of Defendants' discriminatory, and

retaliatory acts unless and until this Court grants the relief requested herein.

COUNT III

Intentional Infliction of Emotional Distress

41. Plaintiff-Intervener, ASHLEY BOWERMASTER, re-alleges and reincorporates by

reference all allegations contained in paragraphs 1 through 34 as if set forth herein in their entirety.

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No. 06-3429 42. By the conduct outlined above, Defendant, SHALIL, INC. (D/B/A DUNKIN DONUTS/BASKIN ROBBINS LEOLA, PA), through its duly authorized agent, Raja Patel, aka John Doe, more properly known as a name which has not yet been provided by the Defendant intentionally inflicted emotional distress on Ashley Bowermaster. 43. Defendants' conduct, as outlined above, was so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized society. 44. Defendants engaged in such conduct with malice and reckless indifference to the rights of Ashley Bowermaster. 45. As relief for Defendants' unlawful conduct, Ashley Bowermaster is entitled to recover, in amounts to be proved at trial, compensatory damages for pain and suffering, past and future; for mental anguish and humiliation, past and future; for loss of enjoyment of life's pleasure, past and future. 46. As further relief for the unlawful conduct, Ashley Bowermaster is entitled to recover, in amounts to be proved at trial, punitive damages. 47. As further relief for Defendants' unlawful conduct, Ashley Bowermaster is entitled to recover, in amounts to be proved at trial, all other legal and equitable relief recoverable under state tort law, including, but not limited to, attorney fees, expert witness fees, the costs of this action, and pre and post-judgment interest.
COUNT IV Assault and Battery

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No. 06-3429 48. Plaintiff-Intervener, ASHLEY BOWERMASTER, re-alleges and reincorporates by reference all allegations contained in paragraphs 1 through 41 as if set forth herein in their entirety. 49. The physical touching of the body of the Plaintiff-Intervener, ASHLEY BOWERMASTER, by Defendant, RAJA PATEL, aka JOHN DOE, more properly known as a name which has not yet been provided by the Defendant, constituted battery. 50. Plaintiff-Intervener, ASHLEY BOWERMASTER, did not desire this touching to occur. 51. The conduct of the Defendant, RAJA PATEL, aka JOHN DOE, more properly known as a name which has not yet been provided by the Defendant, set forth above was intended to cause harmful or offensive contact with the body of the Plaintiff-Intervener, and that the Defendant, RAJA PATEL, aka JOHN DOE, more properly known as a name which has not yet been provided by the Defendant, intended to put the Plaintiff-Intervener in reasonable and immediate fear of a harmful or offensive contact with her body. 52. The Plaintiff-Intervener was justifiably put in reasonable and immediate fear that if she continued to be employed by Defendant, SHALIL, INC. (D/B/A DUNKIN DONUTS/BASKIN ROBBINS LEOLA, PA), that the harmful or offensive contact from Defendant, RAJA PATEL, aka JOHN DOE, more properly known as a name which has not yet been provided by the Defendant, would continue. 53. Defendant, SHALIL, INC. (D/B/A DUNKIN DONUTS/BASKIN ROBBINS LEOLA, PA), knew or should have known of this behavior on the part of Defendant, RAJA PATEL, aka JOHN DOE, more properly known as a name which has not yet been provided by the Defendant, and took no action to correct the situation.

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No. 06-3429 54. In as much as the Defendant, RAJA PATEL, aka JOHN DOE, more properly known as a name which has not yet been provided by the Defendant, was an employee of Defendant, SHALIL, INC. (D/B/A DUNKIN DONUTS/BASKIN ROBBINS LEOLA, PA), and was acting with in the scope of his employment with Shalil, Inc., and having supervisory responsibilities over the Plaintiff-Intervener, Ashley Bowermaster, Defendant, SHALIL, INC. (D/B/A DUNKIN DONUTS/BASKIN ROBBINS LEOLA, PA), is also liable for the assault and battery perpetrated by the Defendant, Raja Patel, upon the person of the Plaintiff-Intervener, ASHLEY BOWERMASTER. VI. PRAYER FOR RELIEF WHEREFORE, Plaintiff-Intervener, ASHLEY BOWERMASTER, respectfully requests that this Court Enter Judgement against the Defendants: A. Declaring the acts and practices complained of herein to be in violation of Title VII; B. Declaring the acts and practices complained of herein to be in violation of the PHRA; C. Declaring the acts and practices complained of herein to be in violation of Pennsylvania Common Law including, the intentional infliction of emotional distress; and assault and battery; D. Enjoining and restraining permanently the allegations alleged herein; E. Directing Defendants to take such affirmative actions as are necessary to assure that the effects of the unlawful employment practices complained of herein are eliminated; F. Order Defendants to make whole Ashley Bowermaster by awarding appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.

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No. 06-3429 G. Order Defendants to make whole Ashley Bowermaster by awarding compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, including but not limited to out-of-pocket losses in amounts to be determined at trial. H. Order Defendants to make whole Ashley Bowermaster by awarding compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of above, including pain and suffering, humiliation, embarrassment, and loss of life's pleasures, in amounts to be determined at trial. I. Awarding Plaintiff-Intervener compensatory damages for extreme emotional upset, mental anguish, humiliation, loss of life’s pleasures and pain and suffering; J. Order Defendants to pay Plaintiff-Intervener, ASHLEY BOWERMASTER, compensatory damages for the assault and battery she suffered. K. Order Defendant, SHALIL, INC. (D/B/A DUNKIN DONUTS/BASKIN ROBBINS LEOLA, PA), and Defendant, RAJA PATEL, aka JOHN DOE, more properly known as a name which has not yet been provided by the Defendant, to pay Ashley Bowermaster punitive damages for the malicious and reckless conduct described above, in amounts to be determined at trial. L. Awarding Plaintiff-Intervener such other damages as are appropriate under Title VII, the Pennsylvania Human Relations Act, and the Pennsylvania Common Law Grant such further relief as the Court deems necessary and proper in the public interest. M. Award Plaintiff-Intervener, ASHLEY BOWERMASTER, attorney fees and costs of this action.

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14

No. 06-3429
N. Grant such other and further relief as the Court deems necessary and proper in the public interest.
Respectfully Submitted,

Dated: October 26, 2007

SKO6910 Scott K. Oberholtzer, Esquire 18 East King Street Lancaster, PA 17602 (717) 397-4194 I.D. No. 23698 Attorney for Plaintiff-Intervener Ashley Bowermaster

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff and

ASHLEY BOWERMASTER, Plaintiff-Intervener
v.

CIVIL ACTION NO. 06-3429

SHALIL, INC. (D/B/A DUNKIN DONUTS/ BASKIN ROBBINS LEOLA, PA); R.N. FOODS CORP., SHANKER CORP., OM SHREE JI CORP., RATANAM, INC., ICCHA FOODS CORP., RAJA PATEL aka (JOHN DOE),
Defendants

AMENDED COMPLAINT JURY TRIAL DEMANDED

CERTIFICATE OF SERVICE

TO THE CLERK OF COURT:

The undersigned hereby certifies that I have caused a true and correct copy of the foregoing PLAINTIFF INTERVENER AMENDED COMPLAINT to be served via first class mail, postage prepaid, to the following person(s) on the date indicated below:

Woody Anglade - Trial Attorney Judith A. O'Boyle - Sup. Trial Atty. Jacqueline McNair - Reg. Attorney U.S. EEOC Philadelphia District Office The Bourse Building 21 South Fifth Street - Suite 400 Philadelphia, PA 19106

Joseph L. London, Esquire 1500 JFK Boulevard - Suite 1032 Philadelphia, PA 19102

The foregoing document has also been filed electronically by providing the Office of the Clerk with copy of this document in PDF format, and will be available for viewing and downloading on the ECF System.
Respectfully Submitted,

Dated: October 26, 2007

SKO6910 Scott K. Oberholtzer, Esquire 18 East King Street Lancaster, PA 17602 (717) 397-4194 I.D. No. 23698 Attorney for Plaintiff-Intervener Ashley Bowermaster

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 U.S. Equal Employment Opportunity Commission Philadelphia District Office 801 Market Street, Suite 1300 Philadelphia, PA 19107-3127 Woody Anglade Attorney for Plaintiff EEOC

FILED
FEB 1 L 7nnA
MICHA~: J<UNZ, Clerk
By tt1;- Oep. Clerk

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, et aI.,
Plaintiffs,
v. SHAHIL, INC. (D/B/A DUNKIN DONUTS/ BASKIN ROBBINS LEOLA, PA), et aI.,
Defendants.

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)

)

)

Civil Action No: 06-3429 (JKG)

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CONSENT DECREE INTRODUCTION
A. This action was instituted by the United States Equal Employment Opportunity Commission (the "EEOC" or the "Commission") on or about August 3, 2006, against Shahil, Inc. (d/b/a Dunkin Donuts/Baskin Robbins Leola, PA) under Title VII of the Civil Rights Act of 1964 and Title 1 of the Civil Rights Act of 1991 ("Title VII"). The EEOC alleged that Defendant Shahil, Inc., subjected Charging Party Ashley Bowermaster, a counter and cash register worker, and a class of female employees to sexual harassment, committed by male supervisors and co-workers, beginning in August 2004. The Commission alleges that despite numerous complaints by these women, Shahil failed to undertake any effective remedial action to stop the offensive and
1

discriminatory conduct. As a result of the alleged sexual harassment, the female employees were forced to resign from their employment and were constructively discharged from their positions as counter and cash register employees. The EEOC also alleged that as a result of the harassment, the female employees suffered severe emotional distress and damages as a result of the illegal conduct ofShahil. On October 26,2007, the EEOC filed an Amended Complaint against Shahil, Inc., R.N. Foods Corporation, Shanker Corporation, Om Shree Ji Corporation, Iccha Foods Corporation, and Ratanam, Inc. The Defendants have denied said allegations.
B. This Consent Decree is entered into by the EEOC and Defendants Shahil, Inc., R.N. Foods Corporation, Shanker Corporation, Om Shree Ji Corporation, Iccha Foods Corporation, and Ratanam, Inc. ("Defendants"). This Consent Decree shall be final and binding between the EEOC and Defendants Shahil, Inc., R.N. Foods Corporation, Shanker Corporation, Om Shree Ji Corporation, Iccha Foods Corporation, and Ratanam, Inc., its directors, officers, agents, employees, successors or assigns and all persons in active concert or participation with it (collectively referred to as "Defendants").
C. The Commission and Defendants do hereby agree to the entry of this Consent Decree, which shall fully and finally resolve all claims which were raised by the EEOC in its Amended Complaint in Civil Action No. 06-CV-3429. This Consent Decree shall not constitute an adjudication of or finding on the merits of the case and shall not be construed as a violation of Title VII by Defendants, nor an admission by Defendants of any wrongdoing.
2

CONSENT DECREE

Upon consent of the parties to this action, it is hereby ORDERED, ADJUDGED and

DECREED that:

NON-DISCRIMINATION AND NON-RETALIATION

1. This Court has jurisdiction over the parties and the subject matter of this action.

2. Defendant Shahil is enjoined from engaging in any employment practice which

constitutes unlawful discrimination under Title VII. Specifically, Shahil is enjoined from creating,

fostering or tolerating a work environment which discriminates based on sex.

3. Shahil is enjoined from engaging in any employment practices which retaliate

in any manner against any person, including but not limited to, Ashley Bowermaster, Courtney

Bums, Ashley Bums, Ruth Middleton, Sarah Raffensberger, and Teresa Weidman, because of that

person's opposition to any practice alleged or believed to be unlawful under Title VII, or because

of the filing of a charge, the giving of testimony or assistance, or the participation in any manner in

any investigation, hearing or proceeding under Title VII.

4.

Shahil shall not divulge, directly or indirectly, except as required by law, to any

employer or potential employer of Ashley Bowermaster, Courtney Bums, Ashley Bums, Ruth

Middleton, Sarah Raffensberger, and Teresa Weidman, any of the facts or circumstances related to

the charge of discrimination against Shahil, Inc., or any of the events relating to their participation

in the litigation of this matter.

5. Shahil shall expunge from the personnel files of Ashley Bowermaster, Courtney

Bums, Ashley Bums, Ruth Middleton, Sarah Raffensberger, and Teresa Weidman, any documents,

pleadings, correspondence and related papers pertaining to the charge ofdiscrimination filed by Ms.

3

Bowermaster with the Commission. 6. Shahil shall comply fully with all provisions of Title VII. Nothing in this Consent
Decree, either by inclusion or exclusion, shall be construed to limit the obligations of Shahil under Title VII or the EEOC's authority to process or litigate any charge of discrimination which may be filed against Shahil in the future.
MONETARY RELIEF Ashley Bowermaster
7. Shahil agrees to pay monetary relief in the total amount of $12,750 to Ashley Bowermaster, in full settlement of all claims for compensatory damages against Defendants which were raised in the Commission's Amended Complaint. This amount shall be reported on an IRS form 1099 issued to Ms. Bowermaster. Monetary relief shall be paid in the following manner: on or before February 15,2008, Defendants will pay Ashley Bowermaster $12,750. IfShahil does not make the payment as designated in the manner set forth in this Paragraph, the Court will enter a judgment for the entire amount remaining due, plus interest, and costs for the Commission to compel Shahil's compliance with this paragraph ofthe Consent Decree. The check will be mailed to Ashley Bowermaster, through her attorney Scott Oberholtzer, Esq., at 18 East King St., 1sl Floor, Lancaster, PA 17602-2824, by certified mail, return receipt requested. Shahil will mail a photocopy of the check to the EEOC, to the attention of Woody Anglade, Trial Attorney, EEOC, 801 Market Street, Suite 1300, Philadelphia, PA 19107-3127, within five days ofthe date ofmailing ofthe check to Mr. Oberholtzer. In order to receive the monetary relief, Ms. Bowermaster must execute a private release. Please note that late payments will be subject to the accrual of interest on the unpaid amount, calculated pursuant to 28 U.S.C. § 1961.
4

Courtney Burns 8. Shahil agrees to pay monetary relief in the total amount of $7,500 to Courtney Bums, in full settlement of all claims for compensatory damages against Defendants which were raised in the Commission's Amended Complaint. This amount shall be reported on an IRS form 1099 issued to Ms. Courtney Bums. Monetary relief shall be paid in the following manner: on or before February 15, 2008, Shahil will pay Courtney Bums $7,500. If Shahil does not make the payment as designated in the manner set forth in this Paragraph, the Court will enter a judgment for the entire amount remaining due, plus interest, and costs for the Commission to compel Shahil's compliance with this paragraph ofthe Consent Decree. The check will be mailed to Courtney Bums, at 27 Wilson Ave., Leola, PA 17540, by certified mail, return receipt requested. Shahil will mail a photocopy ofthe check to the EEOC, to the attention ofWoody Anglade, Trial Attorney, EEOC, 801 Market Street, Suite 1300, Philadelphia, PA 19107-3127, within five days of the date of mailing of the check to Ms. Courtney Bums. In order to receive the monetary relief, Courtney Bums must execute a private release. Please note that late payments will be subject to the accrual of interest on the unpaid amount, calculated pursuant to 28 U.S.C. § 1961.
Ashley Burns 9. Shahil agrees to pay monetary relief in the total amount of $6,250 to Ashley Bums, in full settlement of all claims for compensatory damages against Defendants which were raised in the Commission's Amended Complaint. This amount shall be reported on an IRS form 1099 issued to Ms. Ashley Bums. Monetary relief shall be paid in the following manner: on or before February 15, 2008, Shahil will pay Ashley Bums $6,250. If Shahil does not make the payment as designated in the manner set forth in this Paragraph, the Court will enter a judgment for
5

the entire amount remaining due, plus interest, and costs for the Commission to compel Shahil's compliance with this paragraph of the Consent Decree. The check will be mailed to Ashley Bums, at 27 Wilson Ave., Leola, PA 17540, by certified mail, return receipt requested. Shahil will mail a photocopy ofthe check to the EEOC, to the attention ofWoody Anglade, Trial Attorney, EEOC, 801 Market Street, Suite 1300, Philadelphia, PA 19107-3127, within five days ofthe date of mailing of the check to Ms. Ashley Bums. In order to receive the monetary relief, Ashley Bums must execute a private release. Please note that late payments will be subject to the accrual of interest on the unpaid amount, calculated pursuant to 28 U.S.C. § 1961.
Ruth Middleton 10. Shahil agrees to pay monetary relief in the total amount of$5,000 to Ruth Middleton, in full settlement ofall claims for compensatory damages against Defendants which were raised in the Commission's Amended Complaint. This amount shall be reported on an IRS form 1099 issued to Ms. Middleton. Monetary relief shall be paid in the following manner: on or before February 15,2008, Shahil will pay Ruth Middleton $5,000. IfShahil does not make the payment as designated in the manner set forth in this Paragraph, the Court will enter a judgment for the entire amount remaining due, plus interest, and costs for the Commission to compel Shahil's compliance with this paragraph of the Consent Decree. The check will be mailed to Ruth Middleton, at 436 Polifka Drive, Building 402 Box #59, Shaw AFB, Shaw, South Carolina, 29152, by certified mail, return receipt requested. Shahil will mail a photocopy of the check to the EEOC, to the attention of Woody Anglade, Trial Attorney, EEOC, 801 Market Street, Suite 1300, Philadelphia, PA 191073127, within five days of the date of mailing of the check to Ms. Middleton. In order to receive the monetary relief, Ruth Middleton must execute a private release. Please note that late payments will
6

be subject to the accrual of interest on the unpaid amount, calculated pursuant to 28 U.S.C. § 1961. Sarah Raffensberger
11. Shahil agrees to pay monetary relief in the total amount of $6,250 to Sarah Raffensberger, in full settlement of all claims for compensatory damages against Defendants which were raised in the Commission's Amended Complaint. This amount shall be reported on an IRS form 1099 issued to Ms. Raffensberger. Monetary relief shall be paid in the following manner: on or before February 15,2008, Shahil will pay Sarah Raffensberger $6,250. IfShahil does not make the payment as designated in the manner set forth in this Paragraph, the Court will enter a judgment for the entire amount remaining due, plus interest, and costs for the Commission to compel Shahil's compliance with this paragraph of the Consent Decree. The check will be mailed to Sarah Raffensberger, at 520 East Market St., Apt. B, Marrietta, PA 17547, by certified mail, return receipt requested. Shahil will mail a photocopy of the check to the EEOC, to the attention of Woody Anglade, Trial Attorney, EEOC, 801 Market Street, Suite 1300, Philadelphia, PA 19107-3127, within five days of the date of mailing of the check to Ms. Raffensberger. In order to receive the monetary relief, Sarah Raffensberger must execute a private release. Please note that late payments will be subject to the accrual of interest on the unpaid amount, calculated pursuant to 28 U.S.c. § 1961.
Teresa Weidman 12. Shahil agrees to pay monetary relief in the total amount of $6,250 to Teresa Weidman, in full settlement ofall claims for compensatory damages against Defendants which were raised in the Commission's Amended Complaint. This amount shall be reported on an IRS form 1099 issued to Ms. Weidman. Monetary relief shall be paid in the following manner: on or before
7

February 15,2008, Shahil will pay Teresa Weidman $6,250. IfShahil do not make the payment as designated in the manner set forth in this Paragraph, the Court will enter a judgment for the entire amount remaining due, plus interest, and costs for the Commission to compel Shahil's compliance with this paragraph of the Consent Decree. The check will be mailed to Teresa Weidman, at 448 Solanco Road, Quarryville, PA 17566, by certified mail, return receipt requested. Shahil will mail a photocopy of the check to the EEOC, to the attention of Woody Anglade, Trial Attorney, EEOC, 801 Market Street, Suite 1300, Philadelphia, PA 19107-3127, within five days ofthe date ofmailing of the check to Ms. Weidman. In order to receive the monetary relief, Ms. Weidman must execute a private release. Please note that late payments will be subject to the accrual of interest on the unpaid amount, calculated pursuant to 28 U.S.C. § 1961.
13. Shahil agrees to pay Intervening Counsel Scott Oberholtzer, Esq. $1,000 to advise Ashley Bowermaster, Courtney Burns, Ashley Burns, Ruth Middleton, Sarah Raffensberger, and Teresa Weidman, regarding the private releases between them and Shahil.
POSTING OF NOTICE 14. Within twenty (20) business days after entry of this Decree, or as soon as practicable, Shahil shall post same-sized copies of the Notice attached as Exhibit 1 to this Decree on a bulletin board located at its Shahil Leola, PA facility usually used by Shahil for communicating with employees. The notice shall remain posted for three (3) years from the date of entry ofthis Decree. Counsel for Shahil shall provide a copy of the Notice, and an indication of the date and location of its posting, to the EEOC's Philadelphia District Office, attention, Woody Anglade, Trial Attorney, within twenty (20) days of the posting. Shahil shall permit a representative of the EEOC to enter Shahil's Leola, PA premises for purposes of verifying compliance with this Paragraph at any time
8

during nonnal business hours without prior notice. Shahil shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. Should the posted copies become defaced, removed, marred, or otherwise illegible, Shahil agrees to as soon as practicable post a readable copy in the same manner as hereto specified.
NON-DISCRIMINATION AND ANTI-HARASSMENT POLICIES AND COMPLAINT PROCEDURES
15. Shahil shall draft a policy or policies against discrimination, harassment and retaliation and complaint procedures in plain and simple language. Shahil shall ensure that its policy or policies against discrimination, harassment and retaliation and related complaint procedures meet the following minimum criteria:
(a) State that Shahil: (i) prohibits discrimination against employees on the basis of sex in violation of Title VII; (ii) prohibits retaliation against employees for opposing employment practices they reasonably believe are discriminatory or for participating in an investigation by the EEOC or a state or local governmental agency of a charge of discrimination under Title VII; (iii) prohibits any act, policy or practice that has the effect of harassing or intimidating any employee on the basis of sex in violation of Title VII; and (iv) prohibits any act, policy or practice that has the effect of creating, facilitating or pennitting the existence of a work environment that is hostile to employees through acts such as physical/verbal abuse and derogatory comments based on sex in violation of Title VII;
(b) Include a complaint procedure designed to encourage employees to come forward with complaints regarding violations ofits policy or policies against discrimination, harassment and retaliation, which shall meet the following minimum criteria: (i) provide effective mechanism(s)
9

for reporting incidents ofdiscrimination, harassment and retaliation; (ii) provide that the complaints of discrimination, harassment and/or retaliation can be made either in writing or verbally; (iii) identify employees to whom an employee can make a complaint; (iv) encourage prompt reporting by employees; and (v) provide assurances that complainants shall not be subjected to retaliation;
(c) Provide for prompt investigation of complaints of harassment and/or retaliation; (d) Provide for prompt communication to the complaining party of the results of the investigation and any remedial actions taken or proposed; and (e) Provide for discipline up to and including discharge of an employee or supervisor who violates Shahil' s policy or policies against discrimination, harassment and retaliation, and for increasingly severe discipline of repeat offenders. 16. Shahil shall distribute to all of its employees and newly-hired employees at its Shahil Leola, PA facility, its policy or policies against discrimination, harassment and retaliation within 90 days after entry of this Consent Decree. 17. Within 90 days after entry of this Consent Decree, Shahil shall advise Woody Anglade, Trial Attorney, EEOC's Philadelphia District Office, that its policy or policies against discrimination, harassment and retaliation have been distributed to current employees and that new employees will receive these policies and an opportunity to acknowledge receipt. Shahil will retain copies of any acknowledgment of receipt forms for an employee in the employee's personnel file. 18. Shahil shall once annually for the duration of the Consent Decree send a copy of its policy or policies against discrimination, harassment and retaliation to each employee.
SUPERVISOR ACCOUNTABILITY 19. Shahil shall promote supervisor accountability by the following conduct:
10

(a) Providing annual anti-discrimination training to aH ofits supervisory and managerial personnel as set forth in Paragraph 20;
(b) Disciplining, up to and including discharge, any supervisor or manager who violates Shahil's policy or policies against discrimination, harassment and retaliation; and
(c) Imposing on aH managers and supervisory personnel a duty to administer their work areas to ensure compliance with Shahil's policy or policies against discrimination, harassment and retaliation.
TRAINING 20. Shahil shall provide training on the requirements of Title VII on the foHowing terms: a. Shahil agrees to provide annual training sessions to aH of its managers, supervisors, and employees who work at its Leola, PA facility by a trainer or vendor approved by the EEOC to provide training on an employee's rights under Title VII, and the employer's obligations under Title VII, with an emphasis on what constitutes unlawful sexual harassment in the workplace, how to keep Shahil free of such forms of harassment, and what constitutes unlawful retaliation; b. Each training session will include a live presentation by a high ranking official of Shahil, emphasizing Shahil's commitment to prevent discrimination and harassment; c. Shahil shaH first provide training in accordance with Paragraph 20(a) on at least one occasion in 2008. Defendants shall then also provide such training on at least one occasion in calendar years 2009, 2010 and 2011. 21. The annual training shaH be provided by EEOC staff or Shahil shaH obtain the EEOC's approval of its proposed trainer prior to each year's set of training sessions. Shahil shall
11

submit the name, address, telephone number and curriculum vitae Iresume of the proposed trainer,
together with the date(s) of the proposed training sessions to the EEOC within thirty (30) calendar days prior to the first day of the proposed date(s) of training. The Commission shall have twenty (20) calendar days from the date of receipt of the information described above to accept or reject the proposed trainer(s). In the event the EEOC does not approve Shahil's designated trainer(s), Shahil shall have twenty (20) calendar days to identify an alternate trainer. The EEOC shall have twenty (20) calendar days from the date of receipt ofthe information described above to accept or reject the alternate trainer. In the event the Commission does not approve Shahil's alternate trainer, the Commission shall designate the trainer to be retained and paid for by Shahil. Shahil shall have twenty (20) calendar days from receipt ofthe Commission's recommendation to accept or reject the alternate trainer.
22. Shahil agrees to provide the EEOC with any and all copies of pamphlets, brochures, outlines or other written materials provided to the participants ofthe training sessions. Even though the Commission has approved of or designated a trainer to provide training for one year, it is not required to approve of or designate the same trainer for future training sessions.
23. Shahil shall certify to the EEOC in writing within five (5) business days after the training sessions have occurred that the training has taken place and that the required personnel have attended. Such certification shall include: (i) the dates, location and duration ofthe training session; (ii) a copy ofthe registry of attendance, which shall include the name and position of each person in attendance; and (iii) a listing of all current employees, including temporary employees, as ofthe date of the training.
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RECORD KEEPING 24. For a period of three (3) years following entry of this Decree, Shahil shall maintain and make available for inspection and copying by the Commission, records of each complaint of any incident of sexual harassment occurring at its Shahil Leola, PA facility. Each such report shall indicate the date the complaint was made, who made it, what was alleged, and what actions Shahil took to resolve the matter. Shahil shall also make records of all actions it takes to prevent sexual harassment at its Leola, PA during the duration of this Decree. 25. Shahil shall make all documents or records referred to in Paragraph 24, above, available for inspection and copying within ten (10) business days after the EEOC so requests. In addition, Shahil shall make available for interview all persons within its employ whom the EEOC reasonably requests for purposes of verifYing compliance with this Decree and shall permit a representative ofthe Commission to enter Shahil' s Leola, PA premises for such purposes on five (5) business days advance notice by the EEOC. 26. Nothing contained in this Decree shall be construed to limit any obligation Shahil may otherwise have to maintain under Title VII or any other law or regulation.
REPORTING 27. Shahil shall furnish to the EEOC the following written reports annually for a period of three (3) years following entry of this Decree. The first report shall be due twelve (12) months after entry of the Decree. The final report shall be due thirty-six (36) months after entry of the Decree. Each such report shall contain: a. A summary of the information recorded by Shahil pursuant to Paragraph 24, including the name ofthe complainant, the allegation ofthe complaint and the action taken by Shahil
13

in response; and b. A certification by Shahil that the Notice required to be posted in Paragraph 14
above, remained posted during the entire six (6) month period preceding the report. DISPUTE RESOLUTION
28. In the event that either party to this Decree believes that the other party has failed to comply with any provision(s) of the Decree, the complaining party shall notify the other party of the alleged non-compliance within ten (10) days of the alleged non-compliance and shall afford the alleged non-complying party ten (10) business days to remedy the non-compliance or to satisfy the complaining party that the alleged non-complying party has complied. Ifthe alleged non-complying party has not remedied the alleged non-compliance within ten (10) business days, the complaining party may apply to the Court for appropriate relief.
MISCELLANEOUS PROVISIONS 29 Each party to this Decree shall bear its own expenses, costs and attorneys' fees. 30. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, assigns, and successors of Defendants in their capacities as representatives, agents, directors and officers ofDefendants, and not in their individual capacities. This Paragraph shall not be construed as placing any limit on remedies available to the Court in the event that any individual is found to be in contempt for a violation of this Decree. 31. This Consent Decree shall fully and finally resolve all claims which were raised by the EEOC in its Amended Complaint in Civil Action No. 06-CV-3429. 32. This Consent Decree shall be filed in the United States District Court for the Eastern District of Pennsylvania and shall continue to be in effect for a period of three (3) years. Any
14

application by any party to modify or vacate this Consent Decree during such period shall be made by motion to the Court on no less than thirty (30) days notice to the other party.
33. The Court retains jurisdiction over this case in order to enforce the terms of the Consent Decree.
34. The Clerk of the District Court is hereby directed to send a file-stamped copy of this Consent Decree to counsel of record. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _--:r
15

For Plaintiff EEOC:
Ronald Cooper General Counsel

For Defendants Shahil, Inc., R.N. Foods Corp., Shanker Corp., Om Shree Ji Corp., Iccha Foods Corp., Ratanam, Inc.

James L. Lee Deputy General Counsel

Gwendolyn Young Reams Associate General Counsel Washington, D.C.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Joseph London, Esquire ' / / Suite 1032
Two Penn Center 1500 John F. Kennedy Boulevard Philadelphia, PA 19102

cqu me H. McNair
,c7j~~M- Regional Attorne~
Terrence~k
Supervisory Trial Attorney
wlJA~
Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Philadelphia District Office 801 Market Street, Suite 1300 Philadelphia, PA 19107-3127
IT IS ORDERED:
~/i;;Rg C;;;~ BY THE COURT: AMES KNOLL GARDNER /UNITED STATES DISTRICT JUDGE
16

EXHIBIT 1

NOTICE TO ALL SHAHIL, INC. EMPLOYEES

This Notice is being posted pursuant to a Consent Decree entered by the Federal Court in EEOC, et al. v. Shahil, Inc., et aI., Civil Action Number 06-3429 (E.D. PA.), resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Defendants Shahil, Inc., et al. ("Defendants").

Title VII ofthe Civil Rights Act of 1964,42 U.S.c. Section 2000e, et seq., as amended, ("Title VII"), prohibits discrimination against employees and applicants for employment based upon race, color, sex, religion or national origin. Title VII further prohibits retaliation against employees or applicants who avail themselves of their rights under Title VII by engaging in protected activities, such as opposing employment practices believed to be discriminatory, filing a charge of discrimination and/or testifying or participating in a Commission investigation. The EEOC is a federal agency which investigates charges of unlawful employment discrimination. The EEOC has authority to bring lawsuits in Federal Court to enforce Title VII.

In its lawsuit, the EEOC alleged that Shahil subjected Charging Party, a counter and cash register worker, and a class of female employees to sexual harassment, committed by male supervisors and coworkers, beginning in August 2004. The Commission further alleged that despite numerous complaints by these women, Shahil failed to undertake any effective remedial action to stop the offensive and discriminatory conduct. As a result of the sexual harassment, the female employees were forced to resign from their employment and were constructively discharged from their positions as counter and cash register employees. Defendants deny these allegations.

To resolve the case, EEOC and Defendants have entered into a Consent Decree which provided, among other things, that: (I) Shahil paid monetary relief; (2) Shahil will not discriminate on the basis of sexual harassment in the future; (3) Shahil will not retaliate against any person because she or he opposed any practice made unlawful by Title VII, filed a charge ofdiscrimination, participated in any Title VII proceeding, or asserted any rights under the Consent Decree; and (4) Shahil will train all employees at its Leola, PA facility regarding sex discrimination and Shahil's policy prohibiting sex discrimination.
If you believe you have been discriminated against, you may contact the EEOC at (215) 440-2600. The EEOC charges no fees and has employees who speak languages other than English.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE

This Notice must remain posted for three years from the date below and must not be altered,

defaced or covered by any other material. Any questions about this Notice or compliance with

t £ ' its terms may be directed to the: Regional Attorney, EEOC Philadelphia District Office, 801

rket Street, Su te 1300, ~hiladeIPhia, PA 19107-312~.

.-

By:

(

tt

By: ~J~.A(..4~ ~--

For:

ployment Opportunity

For: Shahil, Inc., et a .

Commission

17

 
 United States District Court Eastern District of Pennsylvania

https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?123637473360457-L_9...

A/R, CLOSED, STANDARD
United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:06-cv-03429-JKG

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. SHAHIL, INC. Assigned to: HONORABLE JAMES KNOLL GARDNER Cause: 42:1981 Sex Discrimination

Date Filed: 08/03/2006 Date Terminated: 02/12/2008 Jury Demand: Defendant Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by JACQUELINE H. MCNAIR U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 801 MARKET ST. PENTHOUSE, SUITE 1300 PHILADELPHIA, PA 19107 215-440-2666 Email: jacqueline.mcnair@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

JUDITH A. O'BOYLE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5TH ST STE 400 PHILADELPHIA, PA 19106 215-440-2687 Email: judith.oboyle@eeoc.gov TERMINATED: 07/09/2007 LEAD ATTORNEY

WOODY ANGLADE EEOC 21 SOUTH 5TH STREET SUITE 400 PHILADELPHIA, PA 19106 215-440-2814 Email: woody.anglade@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

TERRENCE R. COOK

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United States District Court Eastern District of Pennsylvania
V. Intervenor Plaintiff ASHLEY BOWERMASTER
V. Defendant SHAHIL, INC. D/B/A DUNKIN DONUTS/BASKIN ROBBINS LEOLA, PA
Defendant R.N. FOODS CORP.
Defendant SHANKER CORP.
Defendant OM SHREE JI CORP.

https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?123637473360457-L_9...
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 801 MARKET STREET PENTHOUSE, SUITE 1300 PHILADELPHIA, PA 19107 215-440-2688 Email: terrence.cook@eeoc.gov ATTORNEY TO BE NOTICED
represented by SCOTT K. OBERHOLTZER 18 E. KINGS ST. LANCASTER, PA 17602 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOSEPH L. LONDON 1500 JOHN FITZGERALD KENNEDY BOULEVARD SUITE 1032 TWO PENN CENTER PHILADELPHIA, PA 19102 215-523-9799 Email: joeyler@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOSEPH L. LONDON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOSEPH L. LONDON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOSEPH L. LONDON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Defendant RATANAM, INC.
Defendant ICCHA FOODS CORP.
V. Intervenor Defendant RAJA PATEL A/K/A JOHN DOE

represented by JOSEPH L. LONDON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOSEPH L. LONDON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/03/2006 08/03/2006 08/03/2006 08/28/2006 09/05/2006
09/15/2006 09/18/2006
09/21/2006

# Docket Text
1 COMPLAINT against SHAHIL, INC. , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Civil Cover Sheet# 2 Case Mgmt. Form# 3 Designation Form)(ks, ) (Entered: 08/03/2006)
1 Summons Issued as to SHAHIL, INC.. Forwarded To: Counsel on 8/3/06 (ks, ) (Entered: 08/03/2006)
DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (ks, ) (Entered: 08/03/2006)
2 SUMMONS Returned Executed re: JOHN SHINKOWSKY served Summons and Complaint upon PERRY PATEL on behalf of SHAHIL, INC. by personal service, served on 8/18/2006, answer due 9/7/2006. (afm, ) (Entered: 08/28/2006)
3 Order Referring Case to Magistrate Judge ARNOLD C. RAPOPORT TO SCHEDULE AND CONDUCT A SETTLEMENT CONFERENCE. SIGNED BY JUDGE JAMES KNOLL GARDNER ON 9/5/06. 9/6/06 ENTERED AND COPIES MAILED AND E-MAILED.(ky, ) (Entered: 09/06/2006)
4 NOTICE of Appearance by JOSEPH L. LONDON on behalf of SHAHIL, INC. with Jury Demand (LONDON, JOSEPH) (Entered: 09/15/2006)
5 MOTION FOR LEAVE TO INTERVENE FILED BY MOVANT ASHLEY BOWERMASTER,BRIEF IN SUPPORT, EXHIBIT - COMPLAINT, CERTIFICATE OF SERVICE. (Attachments: # 1 BRIEF IN SUPPORT# 2 EXHIBIT A - COMPLAINT)(ky, ) (Entered: 09/19/2006)
6 ANSWER to Complaint with Jury Demand by SHAHIL, INC..(LONDON, JOSEPH) (Entered: 09/21/2006)

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11/09/2006 11/16/2006
11/16/2006 12/08/2006 01/12/2007
02/07/2007 02/12/2007 02/20/2007 02/21/2007 03/01/2007
03/01/2007 03/09/2007

7 Minute Entry for proceedings held before Judge ARNOLD C. RAPOPORT re: A Telephonic Settlement Conference was held on 11/9/06. This proceeding was not placed on the record. (ky, ) (Entered: 11/13/2006)
8 ORDER THAT THE MOTION TO INTERVENE FILED BY ASHLEY BOWERMASTER IS GRANTED AS UNOPPOSED. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL FILE THE PLAINTIFF-INTERVENOR'S COMPLAINT, WHICH IS ATTACHED TO THE WITHIN MOTION. SIGNED BY JUDGE JAMES KNOLL GARDNER ON 11/15/06. 11/17/06 ENTERED AND COPIES MAILED AND E-MAILED. (ky, ) (Entered: 11/17/2006)
9 Intervenor COMPLAINT , filed by PLAINTIFF-INTERVENOR ASHLEY BOWERMASTER, Certificate of Service. (REF. PAPER NO. 5, ATTACHMENT 2)(ky, ) Additional attachment(s) added on 12/13/2006 (afm, ). (Entered: 11/17/2006)
10 ORDER THAT A RULE 16 TELEPHONE CONFERENCE IS SCHEDULED FOR 1/2/2007 AT 9:00 A.M. BEFORE THE HONORABLE JAMES KNOLL GARDNER. SIGNED BY JUDGE JAMES KNOLL GARDNER ON 12/8/06. 12/8/06 ENTERED AND COPIES E-MAILED.(ky, ) (Entered: 12/08/2006)
11 ORDER THAT THE TELEPHONE CONFERENCE SCHEDULED FOR 1/2/2007 AT 9:00 A.M. BEFORE THE HONORABLE JAMES KNOLL GARDNER HAS BEEN RESCHEDULED TO 2/21/07 AT 8:30 A.M. SIGNED BY JUDGE JAMES KNOLL GARDNER ON 1/12/07. 1/12/07 ENTERED AND COPIES MAILED AND E-MAILED.(ky, ) (Entered: 01/12/2007)
12 ANSWER to Complaint together with AFFIRMATIVE DEFENSES by SHAHIL, INC..(LONDON, JOSEPH) Modified on 2/8/2007 (afm, ). (Entered: 02/07/2007)
13 Disclosure Statement Form pursuant to FRCP 7.1 by SHAHIL, INC..(LONDON, JOSEPH) (Entered: 02/12/2007)
14 Disclosure by SHAHIL, INC..(LONDON, JOSEPH) (Entered: 02/20/2007)
15 Minute Entry for proceedings held before Judge JAMES KNOLL GARDNER re: A Telephonic Scheduling Conference was held on 2/21/07. This proceeding was not placed on the record. (ky, ) Additional attachment(s) added on 8/20/2007 (ti, ). (Entered: 02/21/2007)
16 ORDER THAT A JURY TRIAL IS SCHEDULED FOR 1/7/2008 AT 9:30 A.M. IN COURT BEFORE THE HONORABLE JAMES KNOLL GARDNER. SIGNED BY JUDGE JAMES KNOLL GARDNER ON 3/1/07. 3/1/07 ENTERED AND COPIES MAILED AND E-MAILED.(ky, ) (Entered: 03/01/2007)
17 REPLY filed by ASHLEY BOWERMASTER to Defendant's Affirmative Defenses, Certificate of Service. (md) (Entered: 03/02/2007)
18 RULE 16 STATUS CONFERENCE ORDER THAT ALL DISCOVERY SHALL BE COMPLETED BY 7/20/2007; ALL MOTIONS SHALL BE FILED AND SERVED BY 11/19/2007; A JURY TRIAL IS SCHEDULED FOR 1/7/2008 AT 9:30 A.M. IN COURT BEFORE THE HONORABLE JAMES

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04/10/2007 04/10/2007
05/29/2007 05/29/2007
06/01/2007
07/09/2007 07/09/2007 07/30/2007

KNOLL GARDNER. SIGNED BY JUDGE JAMES KNOLL GARDNER ON 2/21/07. 3/9/07 ENTERED AND COPIES MAILED AND E-MAILED.(ky, ) (Entered: 03/09/2007)
19 MOTION to Amend/Correct EEOC Complaint filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.Memorandum, Certificate of Service (AMENDED COMPLAINT ATTACHED). (Attachments: # 1 Exhibit A-E# 2 Exhibit F# 3 Exhibit G-1# 4 Exhibit G-2# 5 Proposed Amended Complaint)(ANGLADE, WOODY) Modified on 4/11/2007 (afm, ). (Entered: 04/10/2007)
20 MOTION BY ASHLEY BOWERMASTER TO EXTEND TIME IN WHICH TO FILE AMENDED COMPLAINT, AND TO COMPEL DEFENDANT TO PROVIDE INFORMATION WITH RESPECT TO THE IDENTITY OF INDIVIDUALS EMPLOYED IN THE LEOLA FACILITY ON THE SAME DATE AS ASHLEY BOWERMASTER, ETC., BRIEF IN SUPPORT, CERTIFICATE OF SERVICE. (Attachments: # 1 BRIEF IN SUPPORT# 2 AMENED COMPLAINT# 3 EXHIBIT A)(ky, ) (Entered: 04/10/2007)
21 Minute Entry for proceedings held before Judge HENRY S. PERKIN : Telephonic Discovery Conference held on 5/29/2007. Court Reporter: None. (er, ) Additional attachment(s) added on 8/20/2007 (ti, ). (Entered: 05/29/2007)
22 ORDER THAT COUNSEL FOR EEOC SHALL HAVE AN ADDITIONAL 4 HOURS, EXCLUDING BREAKS, IN WHICH TO COMPLETE THE DEPOSITION OF RAMABHAI PATEL, ETC. COUNSEL FOR DEFT. SHAHIL, INC. SHALL RESPOND TO COUNSEL FOR THE EEOC'S LETTER, WHICH LETTER ASSERTS DEFICIENCIES IN DEFT. SHAHIL, INC.'S RESPONSES TO WRITTEN DISCOVERY, NO LATER THAN 5/31/07. SIGNED BY JUDGE HENRY S. PERKIN ON 5/29/07. 5/30/07 ENTERED AND COPIES MAILED, E-MAILED.(er, ) (Entered: 05/30/2007)
23 ORDER THAT EACH REFERRAL ORDER FOR SETTLEMENT CONFERENCE FILED IN THE ABOVE-CAPTIONED CASES IS VACATED. IT IS FURTHER ORDERED THAT EACH OF THE ABOVE-CAPTIONED CASES IS REFERRED TO U.S. MAGISTRATE JUDGE HENRY S. PERKIN TO SCHEDULE AND CONDUCT A SETTLEMENT CONFERENCE. SIGNED BY JUDGE JAMES KNOLL GARDNER ON 6/1/07. 6/4/07 ENTERED AND COPIES MAILED, E-MAILED.(er, ) (Entered: 06/04/2007)
24 NOTICE of Appearance by TERRENCE R. COOK AND WITHDRAWING OF JUDITH O'BOYLE on behalf of EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, CERTIFICATE OF SERVICE. (COOK, TERRENCE) Modified on 7/10/2007 (afm, ). (Entered: 07/09/2007)
25 First MOTION for Extension of Time to Complete Discovery Uncontested filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. CERTIFICATION AND Certificate of Service.(COOK, TERRENCE) Modified on 7/10/2007 (afm, ). (Entered: 07/09/2007)
26 ORDER THAT PLAINTIFF EEOC'S UNCONTESTED MOTION FOR ENTRY OF A REVISED SCHEDULING ORDER EXTENDING TIME FOR DISCOVERY IS GRANTED AS UNOPPOSED. IT IS FURTHER ORDERED THAT ALL DISCOVERY SHALL BE COMPLETED BY 7/31/07, AND ALL

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07/30/2007 08/08/2007 08/08/2007
08/17/2007 08/29/2007 09/21/2007
09/21/2007 10/19/2007

MOTIONS SHALL BE FILED AND SERVED BY 9/17/07. SIGNED BY JUDGE JAMES KNOLL GARDNER ON 7/26/07.7/30/07 ENTERED AND COPIES MAILED AND E-MAILED.(ky, ) (Entered: 07/30/2007)
DISCOVERY DUE BY 7/31/2007,MOTIONS DUE BY 9/17/2007. (ky, ) (Entered: 07/30/2007)
27 Minute Entry for proceedings held before Judge HENRY S. PERKIN re: A Telephonic Discovery Conference was held on 8/7/07 and not placed on the record. (ky, ) Additional attachment(s) added on 8/20/2007 (ti, ). (Entered: 08/08/2007)
28 ORDER THAT FOLLOWING A TELEPHONE DISCOVERY CONFERENCE WITH ALL COUNSEL, IT IS HEREBY ORDERED AS FOLLOWS: BASED ON AGREEMENT OF COUNSEL, THE DEPOSITION OF GIRISH PATEL SHALL TAKE PLACE NO LATER THAN 8/31/07. COUNSEL FOR DEFENDANT SHAHIL SHALL PRODUCE TO PLAINTIFF EEOC WITHIN 5 DAYS OF THE DATE OF THIS ORDER THE SEXUAL HARASSMENT TRAINING VIDEO THAT WAS SHOWN TO DEFENDANT'S EMPLOYEES IN 2004, ETC. SIGNED BY JUDGE HENRY S. PERKIN ON 8/8/07. 8/8/07 ENTERED AND COPIES MAILED AND E-MAILED.(ky, ) (Entered: 08/08/2007)
29 MOTION for Extension of Time to Complete Discovery to take the Deposition of Shahil Part Owner Girish Patel filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.Certificate of Service. (Attachments: # 1 Exhibit 1-3 of EEOC's Motion# 2 Exhibit 4-8 of EEOC's Motion# 3 Exhibit 9-11 of EEOC's Motion)(ANGLADE, WOODY) (Entered: 08/17/2007)
30 Minute Entry for proceedings held before Judge HENRY S. PERKIN re: A Telephonic Settlement Conference was held on 8/28/07 and was not placed on the record. (ky, ) (Entered: 08/29/2007)
31 ORDER THAT PLAINTIFF EEOC'S UNCONTESTED MOTION FOR ENTRY OF AN ORDER TO RE-OPEN PRE-TRIAL DISCOVERY TO TAKE THE DEPOSITION OF DEFENDANT SHAHIL, INC. PART OWNER GIRISH PATEL IS GRANTED. IT IS FURTHER ORDERED THAT THE DEADLINE FOR COMPLETION OF PRE-TRIAL DISCOVERY IN THE WITHIN MATTER IS EXTENDED TO 8/31/07 FOR THE SOLE PURPOSE OF DEPOSING GIRISH PATEL, AND THAT ALL OF THE REMAINING TERMS AND CONDITIONS OF THE RULE 16 STATUS CONFERENCE ORDER DATED 2/21/07 AND OF THE ORDER DATED 7/26/07 SHALL REMAIN IN FULL FORCE AND EFFECT. SIGNED BY JUDGE JAMES KNOLL GARDNER ON 9/20/07. 9/21/07 ENTERED AND COPIES MAILED AND E-MAILED.(ky, ) (Entered: 09/21/2007)
Set/Reset Deadlines: DISCOVERY DUE BY 8/31/2007. (ky, ) (Entered: 09/21/2007)
32 ORDER THAT PLAINTIFF EEOC'S MOTION FOR EXTENSION OF TIME TO FILE AN AMENDED COMPLAINT IS GRANTED. IT IS FURTHER ORDERED THAT INTERVENOR PLAINTIFF BOWERMASTER'S MOTION IS GRANTED IN PART AND DENIED IN PART. SIGNED BY JUDGE

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10/22/2007 10/26/2007 10/26/2007 10/26/2007 11/19/2007 11/19/2007
11/19/2007 11/19/2007 11/19/2007 11/19/2007

JAMES KNOLL GARDNER ON 10/19/07. 10/22/07 ENTERED AND COPIES MAILED AND E-MAILED.(ky, ) (Entered: 10/22/2007)
AMENDED PLEADINGS DUE BY 10/26/2007. (afm, ) (Entered: 10/23/2007)
33 Amended Complaint with Jury Demand against R.N. FOODS CORP., SHANKER CORP., OM SHREE JI CORP., RATANAM, INC., ICCHA FOODS CORP. and, SHAHIL, INC., filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(nda) (Entered: 10/26/2007)
5 Summons Issued as to R.N. FOODS CORP., SHANKER CORP., OM SHREE JI CORP., RATANAM, INC. and ICCHA FOODS CORP. Forwarded To: Jacquline H. McNair, Esquire on 10/26/2007. (nda) (Entered: 10/26/2007)
34 Amended Complaint against R.N. FOODS CORP., SHANKER CORP., OM SHREE JI CORP., RATANAM, INC., ICCHA FOODS CORP., RAJA PATEL, and, SHAHIL, INC., filed by ASHLEY BOWERMASTER. Certificate of Service attached.(nda) (Entered: 10/29/2007)
35 MOTION in Limine to Exclude Any and All Evidence Related to Weidman's Biological Children filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.Memorandum, Certificate of Service. (Attachments: # 1 Exhibit A to Motion in Limine (Weidman)# 2 Exhibit B to Motion in Limine (Weidman))(ANGLADE, WOODY) (Entered: 11/19/2007)
36 MOTION in Limine to Exclude Any and All Evidence Related to Billetdeaux's Alleged Criminal Record filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.Memorandum, Certificate of Service. (Attachments: # 1 Exhibit A to Motion in Limine (Billetdeaux)# 2 Exhibit B to Motion in Limine (Billetdeaux)# 3 Exhibit C to Motion in Limine (Billetdeaux)# 4 Exhibit D to Motion in Limine (Billetdeaux))(ANGLADE, WOODY) (Entered: 11/19/2007)
37 Summons Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: Michael Gallagher served Summons and Complaint upon Hetal Patel, Manager on behalf of OM SHREE JI CORP. by personal service. OM SHREE JI CORP. served on 11/15/2007, answer due 12/5/2007. (nda) (Entered: 11/20/2007)
38 Summons Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: Michael Gallagher served Summons and Complaint upon Hatel Patel, Manager onbehalf of SHANKER CORP. by personal service. SHANKER CORP. served on 11/15/2007, answer due 12/5/2007. (nda) (Entered: 11/20/2007)
39 Summons Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: Michael Gallagher served Summons and Complaint upon Hetal Patel, Manager on behalf of R.N. FOODS CORP. by personal service. R.N. FOODS CORP. served on 11/15/2007, answer due 12/5/2007. (nda) (Entered: 11/20/2007)
40 Summons Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: Michael Gallagher served Summons and Complaint upon Hetal Patel, Manager RATANAM, INC. by personal service. RATANAM, INC. served on 11/15/2007, answer due 12/5/2007. (nda) (Entered: 11/20/2007)

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11/19/2007 11/26/2007 11/29/2007 12/05/2007 12/05/2007
12/05/2007 12/05/2007
12/17/2007 12/20/2007

41 Summons Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: Michael Gallagher served Summons and Complaint upon Hetal Patel, Manager on behalf of SHAHIL, INC. by personal service. SHAHIL, INC. served on 11/15/2007, answer due 12/5/2007. (nda) (Entered: 11/20/2007)
42 PRETRIAL MEMORANDUM by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Certificate of Service. (Attachments: # 1 Supplement Plaintiffs' Proposed Verdict Form# 2 Supplement Proposed State Law Verdict Form)(ANGLADE, WOODY) (Entered: 11/26/2007)
43 SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION served Summons and Complaint upon ICCHA FOODS CORP.. ICCHA FOODS CORP. served on 11/19/2007, answer due 12/10/2007. (ap, ) (Entered: 11/29/2007)
44 REPLY to Response to Motion re 35 MOTION in Limine to Exclude Any and All Evidence Related to Weidman's Biological Children Answer by Defendant, Shahil, Inc. D/B/A Dunkin Donuts/Baskin Robbins with Affirmative Defenses filed by SHAHIL, INC.. (LONDON, JOSEPH) (Entered: 12/05/2007)
45 RESPONSE to Motion re 36 MOTION in Limine to Exclude Any and All Evidence Related to Billetdeaux's Alleged Criminal Record DEFENDANTS REPONSE TO PLAINTIFF EEOCS MOTION IN LIMINE TO EXCLUDE ANY AND ALL EVIDENCE RELATED TO FELLINA BILLETDEAUXS ALLEGED CRIMINAL RECORD filed by SHAHIL, INC.. (LONDON, JOSEPH) (Entered: 12/05/2007)
46 Response ANSWER TO PLAINTIFF-INTERVENERS AMENDED COMPLAINT by SHAHIL, INC.. (LONDON, JOSEPH) (Entered: 12/05/2007)
47 DEFENDANT, SHAHIL, INC. D/B/A DUNKIN DONUTS/BASKIN ROBBINS WITH AFFIRMATIVE DEFENSES ANSWER to 33 Amended Complaint with Jury Demand against R.N. FOODS CORP., SHANKER CORP., OM SHREE JI CORP., RATANAM, INC., ICCHA FOODS CORP. and, SHAHIL, INC., filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(nda) by SHAHIL, INC..(LONDON, JOSEPH) (Entered: 12/05/2007)
48 Objections by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Letter Regarding Objections to Proposed Voir Dire Questions, etc.. (ANGLADE, WOODY) (Entered: 12/17/2007)
49 NOTICE OF DEFAULT THAT A REVIEW OF THE COURT'S RECORDS SHOWS THAT DEFENDANTS R.N. FOOD CORP., SHANKER CORP., OM SHREE JI CORP., RATANAM, INC. AND ICCHA FOODS CORP. HAVE FAILED TO FILE A PLEADING IN THE ABOVE-CAPTIONED ACTION IN RESPONSE TO PLAINTIFF'S AMENDED COMPLAINT FILED 10/26/07. IF PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FAILS TO TAKE ACTION TO ENTER DEFAULT AGAINST DEFENDANTS R.N. FOODS CORP., SHANKER CORP., OM SHREE JI CORP., RATANAM INC. AND ICCHA FOODS CORP., AND TO ENTER JUDGMENT BY DEFAULT AGAINST THE ABOVE-NAMED DEFENDANTS PURSUANT TO RULE 55 OF THE F.R.C.P. BY 1/3/2008, THE COURT MAY ENTER AN ORDER DISMISSING PLAINTIFF'S COMPLAINT AGAINST DEFENDANTS R.N.

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12/21/2007 12/21/2007 12/21/2007 12/21/2007 12/21/2007
12/21/2007 12/21/2007 12/24/2007 12/24/2007 01/02/2008 01/02/2008

FOODS CORP., SHANKER CORP., OM SHREE JI CORP., RATANAM, INC. AND ICCHA FOODS CORP. FOR LACK OF PROSECUTION. (ky, ) (Entered: 12/20/2007)
50 Answer to Defendant's Affirmative Defenses filed by INTERVENER-PLAINTIFF ASHLEY BOWERMASTER, Certificate of Service. (mbh, ) (Entered: 12/21/2007)
51 Supplemental Points for Charge filed by INTERVENER-PLAINTIFF ASHLEY BOWERMASTER, Certificate of Service.(mbh, ) (Entered: 12/21/2007)
52 ANSWER to 34 Amended Complaint by R.N. FOODS CORP., SHANKER CORP., OM SHREE JI CORP., RATANAM, INC., ICCHA FOODS CORP..(LONDON, JOSEPH) (Entered: 12/21/2007)
53 ANSWER to 9 Intervenor Complaint by R.N. FOODS CORP., SHANKER CORP., OM SHREE JI CORP., RATANAM, INC., ICCHA FOODS CORP., SHAHIL, INC..(LONDON, JOSEPH) (Entered: 12/21/2007)
54 SCHEDULING ORDER THAT AN IN PERSON SETTLEMENT CONFERENCE IS SET FOR 1/2/2008 09:30 AM BEFORE MAGISTRATE JUDGE HENRY S. PERKIN, IN SUITE 4401, U.S. COURTHOUSE AND FEDERAL BUILDING, 504 HAMILTON STREET, ALLENTOWN, PA. COUNSEL ARE FURTHER DIRECTED TO COMPLETE THE ENCLOSED SETTLEMENT CONFERENCE SUMMARY AND RETURN IT TO CHAMBER ON OR BEFORE THURSDAY, DECEMBER 27, 2008 AT NOON. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE IMPOSTION OF SANCTIONS.. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 12/21/2007. 12/21/2007 ENTERED AND COPIES E-MAILED AND FAXED.(ap, ) (Entered: 12/21/2007)
55 Proposed Jury Instructions by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Plaintiffs Proposed Supplemental Jury instructions)(ANGLADE, WOODY) (Entered: 12/21/2007)
56 Statement Re: Plaintiffs Two Page Written Summary by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Plaintiffs Two Page Written Summary)(ANGLADE, WOODY) (Entered: 12/21/2007)
57 TRIAL BRIEF Defendants' Trial Memorandum by R.N. FOODS CORP., SHANKER CORP., OM SHREE JI CORP., RATANAM, INC., ICCHA FOODS CORP., RAJA PATEL, SHAHIL, INC.. (Attachments: # 1 Appendix Page 3 of Defendants' Trial Memorandum)(LONDON, JOSEPH) (Entered: 12/24/2007)
58 Proposed Jury Instructions by R.N. FOODS CORP., OM SHREE JI CORP., RATANAM, INC., ICCHA FOODS CORP., RAJA PATEL, SHAHIL, INC.. (Attachments: # 1 Appendix Page 2 Defendants' Objections)(LONDON, JOSEPH) (Entered: 12/24/2007)
59 Minute Entry for proceedings held before THE HONORABLE HENRY S. PERKIN re: An In Person Settlement Conference was held on 1/2/08. The terms of the settlement were placed on the record. (ky, ) (Entered: 01/02/2008)
60 APPLICATION FOR CONTINUANCE AND ORDER THAT THE JURY TRIAL SCHEDULED FOR 1/7/08 AT 9:00 A.M. HAS BEEN RESCHEDULED

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TO 2/19/2008 IN COURT BEFORE THE HONORABLE JAMES KNOLL GARDNER. SIGNED BY THE HONORABLE JAMES KNOLL GARDNER ON 1/2/08. 1/2/08 ENTERED AND COPIES E-MAILED AND MAILED.(ky, ) (Entered: 01/02/2008)
61 Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN re: A Telephonic Settlement Conference was held on 1/29/08 and was not placed on the record. (ky, ) (Entered: 01/30/2008)
62 CONSENT DECREE SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 2/12/08. 2/12/08 ENTERED AND COPIES E-MAILED AND MAILED.(ah) (Entered: 02/12/2008)
63 ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b), ETC. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 2/12/08. 2/13/08 ENTERED AND COPIES MAILED, E-MAILED. (er, ) (Entered: 02/13/2008)

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eeoc 2:06-cv-03429-JKG 0.48

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3/19/2008 11:06 AM