UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MARYLAND NORTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Baltimore District Office 10 S. Howard Street, 3rd Fl. Baltimore, Maryland 21201
Plaintiff,
v.
SPECIAL COUNSEL, INC., 2 North Charles Street, Suite 960 Baltimore, Maryland 21201
Defendant.

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Civil Action No.

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COMPLAINT

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JURY TRIAL DEMAND

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NATURE OF THE ACTION This is an action under the Age Discrimination in Employment Act to correct unlawful employment practices on the basis of retaliation and to provide appropriate relief to Linda Griffin. The Commission alleges that on May 3, 2002, Defendant discharged Ms. Griffin in retaliation for her opposition to employment practices made unlawful under the Age Discrimination in Employment Act.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 7(b) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(b) (the “ADEA”),

which incorporates by reference Sections 16(c) and 17 of the Fair Labor Standards Act of 1938 (the “FLSA”), as amended, 29 U.S.C. §§ 216(c) and 217.
2. Defendant Special Counsel, Inc. is a Maryland corporation which maintains an office in the City of Baltimore, Maryland and does business in the State of Maryland.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the “Commission”), is the agency of the United States of America charged with the administration, interpretation and enforcement of the ADEA and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), as amended by Section 2 of Reorganization Plan No. 1 of 1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 4. At all relevant times, Defendant Special Counsel, Inc., a Maryland corporation, has continuously been doing business in the State of Maryland and the City of Baltimore, and has continuously had at least 20 employees. 5. At all relevant times, Defendant Special Counsel, Inc. has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 11(b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630(b), (g) and (h).
CONCILIATION 6. Prior to institution of this lawsuit, the Commission's representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with the ADEA through informal methods of conciliation, conference and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
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STATEMENT OF CLAIMS 7. On or about May 3, 2002, Defendant Special Counsel, Inc. engaged in unlawful employment practices, in violation of Section 4(d) of the ADEA, 29 U.S.C. § 623(d). The practices include discharging Linda Griffin from her position as Executive Director for opposing employment practices made unlawful by the ADEA. 8. The effect of the practices complained of in paragraph 7 above has been to deprive Linda Griffin of equal employment opportunities and otherwise adversely affect her status as an employee because of her opposition to employment practices made unlawful under the ADEA. 9. The unlawful employment practices complained of in paragraph 7 above were and are willful within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Special Counsel, Inc., its officers, successors, assigns and all persons in active concert or participation with it, from retaliating against individuals for participating in protected activity; B. Order Defendant Special Counsel, Inc. to institute and carry out policies, practices, and programs which provide equal employment opportunities for individuals regardless of whether they have engaged in protected activity, and which eradicate the effects of its past and present unlawful employment practices; C. Grant a judgment requiring Defendant Special Counsel, Inc. to pay appropriate back wages in an amount to be determined at trial, an equal sum as liquidated damages, and
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prejudgment interest to individuals whose wages are being unlawfully withheld as a result of the acts complained of above, including but not limited to Linda Griffin.
D. Order Defendant Special Counsel, Inc. to make whole all individuals adversely affected by the unlawful practices described above, by providing the affirmative relief necessary to eradicate the effects of its unlawful practices, including but not limited to reinstatement of Linda Griffin and/or provide front pay where appropriate.
E. Grant such further relief as the Court deems necessary and proper in the public interest.
F. Award the Commission its costs of this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
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/s/ GERALD S. KIEL Regional Attorney
/s/ DEBRA M. LAWRENCE Supervisory Trial Attorney
/s/ MARIA SALACUSE Trial Attorney Federal Bar No. 15562 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 10 S. Howard Street, 3rd Floor Baltimore, Maryland 21201 (410) 962-4341
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 UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MARYLAND NORTHERN DIVISION

EQUAL EMPLOY~1ENT OPPORTlJNITY COM!vllSSION,
v. INC.,

) ) ) ) ) ) Civil Action No. RDB-04-2012 ) ) ) ) )

CONSENT DECREE

This action was instituted by Plaintiff, the U.S. Equal Employment Opp0!1unity

Commission (the "EEOC" or the "Commission"), against Defendant Special Counsel, Inc.,

("Defendant'~1, alleging that Defendant violated Section 4(d) ofthe ADEA, 29 U.S.c. § 623(d),

by discharging Linda Griffin fi:om hcr position as Executive Director fbr opposing employment

made unlawful by the ADEA. Dcfendant filcd an Answer denying this aHegation.

The

and Defendant

to resolve this action without the time and

expense

and desire to formulate a plan to be embodied in a Decree

cJTeetnate the purposes of the ADEA.

has

this Decree and finds that it is reasonable and just and in

accordance with the

Rules of Civil Procedure and the ADEA. Therefure, upon due

consideration of the record herein and being fully advised in the premises, it is ORDERED,

ADJUDGED AND DECREED:

Scope 0 f Decree

L

This Decree resolves al! issues and claims in the Complaint filed by the

Commission in this ADEA action which emanated from the Charge of Discrimination filed by Linda Griffin.

2. by the

be in

for a pcriod

this Court

y'ear from the date it is entered over matter and the parties

for purposes of enforcing compliance \vit11the Decree, including issuing such orders as may be

required to effectuate the purposes of the Decree.

.J.,.

This Decree, being entered with the consent of the EEOC and Defendant, shall not

constitute an adjudication or finding on the merits of the case.

Relief to Charging Party 4. Within ten business

shaH:

a.

pay Charging Party Linda Griffin monetary relief in the total amount of $69,000,

minus legal deductions, representing back wages. The check wilI be sent directly to tvls. Griffin,

and a photocopy of the check and related correspondence will be mailed to the EEOC, Baltimore

District Office, 10 S. Howard Street, 3d Floor, Baltimore, Maryland 21201. Defendant will

to Ms. Griffin a United States Internal Revenue Services W-2 Form for the 2004 tax year

pay amount to

b. modify any and aU

forms

in personnel file 10

eliminate any reference to the fact that Ms. Griffin's employment was involuntarily tenTIinated or

that Defendant had any concerns about Ms. Griffin's performance; and

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c. provide Ms. Griffin with a neutral letter of reference which states Ms. Griffin's

dates of employment and position title. 5. All prospective employers contacting Defendant about Ms. Griffin, shall be

directed to Amy

Resources, or \Vendy Slay1on, Human Resources

Manager, who will provide only the infonnation contained in the letter ofreference referenced in

para&1faph4(c). Should prospective employers ask inf01111ationbeyond that \vhich is contained in

the letter

state it is company

to

dates

employment and position titles of its f01111cermployees to prospective employers.

6.

Within ten business days of entry of this Decree, Defendant in writing shall

Regional Vice

IVls.

including but not limited to Lynn Gunzenhauser, that they are not to discuss the circumstances

surrouudingMs. Griffin's tennination, disparageMs. Griffin, or speak in any manner designed to

damage Ms. Griffin's professional reputation. Defendant shaH send a copy of the written

instructions given to Ms. Williams and staff members to the EEOC, Baltimore District Office, 10

s.

Street,

Maryland 21201.

IniunctiveRelief

7.

Defendant, its officers, agents, servants, employees, successors, assigns, and a!1

or

to act on

arc

employees for opposing employment practices made unlawful under the ADEA. Such retaliation
violates the ADE,~ which in part, is set forth below:
(d) It shaH be unlawful for an employer to discriminate against employees Of applicants for employment. . . because such individual. . . has opposed any practice made unlawful by this section, . .

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29 U.S.c. § 623(d). 8. Within 90 days after the entry of this Decree, all staff at Defendant's Charlotte,

North Carolina and Atlanta, Georgia facilities shall be required to attend a training program

lasting at least two hours for managers and at least one hour for non-managerial staff employees

opportuni ty

and

a

on age

discrirnination retaliation, AU ne\v management

the training

described above within 30 days of hire or promotion. This will be in place for a month

period oftime. Within seven days after each component of the training described above has been

completed, Defendant win provide certification to Commission counsel that such training has

been provided, including the identity of the provider, the date and location of the training, the the number of hours

9,

Within ten business days aJler entry of this Decree, Defendant wiU post the Notice

attached hereto (Attachment A) in all places where notices to employees are customarily posted

at Defendant's North Carolina facility. The Notice shan be posted and maintained for the

duration of the Decree and shaH be signed by the Defendant President John L. Marshal!, Ill, with

the date of actual posting shown made

Should the Notice become defaced, marred, or

will ensure that new readable

are

posted in the same manner as heretofore specified, Within thirty calendar

of entry of the

Decree, Defendant sha11forward to the EEOe's Baltimore District Office, a copy ofthe signed

Notice and \vritten certification that the Notice referenced herein has been posted and a statement

ofthe locations and dates ofposting.

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10, The Commission and Defendant sha11bear their o\vn costs and attorneys' fees. 11. The undersigned counsel of record in the above-captioned action hereby consent,
on behalf of their respective clients, to the entry of the foregoing Consent Decree.

FOR DEFENDANT:

m~~

SEYFARTH SHAW LLP
815

#500

Washington, DC 20006

SO ORDERED.
Signed and entered this --- day

FOR PLAINTIFF:
De!:lraM, Lawrence Supervisory Trial Attorney
.~
Maria Salacuse Trial Attorney EQUAL EMPLOYMENT OPPORTUNiTY COMMISSION
Office 10 S. Howard Street, 3d Floor Baltimore, Maryland 21201 (410) 962-4341
2004.

D. Bennett United States District Court Judge
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ATTACHMENT A
EQUAL EMPLOY ENT OPPOR ITY COMMISSION

This Notice is being posted as part of an agreement between the Equal EmploYlnent Opportunity Commission (EEOC) and Special Counsel, Inc. (Special Counsel).
Under Section 4(a) of the Age Discriminationin EmploymentAct of 1967,as amended(ADEA),it is unlawful for an employer to "discriminate against any individual with respect to his
terms, conditions, or privilegesof employment, because of such individual's age." 29 U.S.C. § 623(a).

Under Section 4(d) of the ADEA it is unlawful for

an

"to

employees or applicants for employment. . .

because such individual. . . has opposed any

practice made unla\vful by this section." 29 U.S.c.

§ 623(d).

Therefore, in accordance with the applicable law:

engage many
acts or practices made unlawful by the above sections.

SPECIAL COUNSEL WILL NOT retaliate against employees for complaining about discrimination.

Special Counsel's policy provides that persons

who believe that they have been subjected to

unlawful discrimination or retaliation may report

it to their supervisor, a member of management,

or

to

Department

at 1-800-642-1412. Special Counsel will

thoroughly investigate aU such claims vvith due

regard for the privacy of the individuals

- involved. Any employee who knowingly an

complainedof discriminationshan be subject to

immediate disciplinary action, up to and

includingdischarge.

you have a

discrimination or questions regarding la\vs

prohibiting employrnent discrimination, you may

seek

from

EEOC. Office

locations and general information may be

obtained on the

at

or by

calling 1-800-669-4000 (TOD 1-800-669-6820).

John L. Marsha]], HI President
Dale Posted:

 
 District of Maryland (CM/ECF Live 3.0) - Docket Report

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?234480993956294-L_3...

CLOSED, MAG-JKB
U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:04-cv-02012-RDB

EEOC v. Special Counsel, Inc. Assigned to: Judge Richard D Bennett Cause: 28:451 Employment Discrimination Plaintiff Equal Employment Opportunity Commission
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Date Filed: 06/30/2004 Date Terminated: 12/20/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Maria Salacuse U S Equal Employment Opportunity Commission Baltimore Field Office 10 S. Howard Street, 3rd Floor Baltimore, MD 21201 14102092733 Fax: 14109624341 Email: maria.salacuse@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Debra Michele Lawrence U S Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14102092734 Fax: 14109624270 Email: debra.lawrence@eeoc.gov ATTORNEY TO BE NOTICED
Gerald S Kiel US Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624207 Fax: 14109624270 Email: gerald.kiel@eeoc.gov ATTORNEY TO BE NOTICED
Gwendolyn Young Reams U S Equal Employment Opportunity
5/29/2007 10:17 AM

District of Maryland (CM/ECF Live 3.0) - Docket Report

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?234480993956294-L_3...

V. Defendant Special Counsel, Inc.

Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624260 Fax: 14109622817 ATTORNEY TO BE NOTICED
represented by Anita Barondes 803 Janneys Lane Alexandria, VA 22302 17037514269 Fax: 17037514269 ATTORNEY TO BE NOTICED

Date Filed 06/30/2004 06/30/2004 06/30/2004 08/05/2004 08/16/2004 08/18/2004 08/31/2004 08/31/2004 12/17/2004

#

Docket Text

1 COMPLAINT against Special Counsel, Inc. , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(ljs, Deputy Clerk) (Entered: 06/30/2004)
JURY TRIAL DEMAND by Equal Employment Opportunity Commission. (ljs, Deputy Clerk) (Entered: 06/30/2004)
2 Summons Issued (20 days) as to Special Counsel, Inc.. (ljs, Deputy Clerk) (Entered: 06/30/2004)
3 SUMMONS Returned Executed by Equal Employment Opportunity Commission. Special Counsel, Inc. served on 7/26/2004, answer due 8/16/2004. (Salacuse, Maria) (Entered: 08/05/2004)
4 MOTION for Extension of Time to File Response/Reply as to 1 Complaint by Special Counsel, Inc.. Responses due by 9/2/2004 (Attachments: # 1 Text of Proposed Order)(Barondes, Anita) (Entered: 08/16/2004)
5 Paperless ORDER granting nunc pro tunc to August 16, 2004 4 Defendant's Consent Motion for Extension of Time to File Response to Complaint until August 31, 2004.(Bennett, Richard) (Entered: 08/18/2004)
6 ANSWER to Complaint by Special Counsel, Inc..(Barondes, Anita) (Entered: 08/31/2004)
7 SCHEDULING ORDER:. Signed by Judge Richard D Bennett on 8/31/04. (slf, Deputy Clerk) (Entered: 08/31/2004)
8 SETTLEMENT AGREEMENT /Consent Decree by Equal Employment Opportunity Commission. (Salacuse, Maria) (Entered: 12/17/2004)

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District of Maryland (CM/ECF Live 3.0) - Docket Report

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?234480993956294-L_3...

12/20/2004

9 CONSENT DECREE ORDER. Signed by Judge Richard D Bennett on 12/17/04. (slf, Deputy Clerk) (Entered: 12/20/2004)

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