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IN THE uNITED STATES DISTRICt COURT FOR tHE DISTRICT OF COLUMBIA

fiLED
DEC L22002

EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION, Washington Field Office

::::.~~:::. ~:o::::::::~ (Y~

1400 L Street N.W., Suite 200 Washington D.C. 20005

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DECK TYPE, Employment Discrimination

Plaintiff, v.

DATE STAMP, 12/12/2002

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TRIAD TAX SERVICES, INC.,

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COMPLAINT

aka TRIAD BUSINESS SERVICES, INC.

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4813 Georgia Avenue Northwest

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(JURY TRIAL DEMAND)

Washington, DC 20011

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Defendant.

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NATURE OF THE ACTION

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

Rights Act of 1991 to correct unlawful employment practices on the basis of sex, and to provide

appropriate relief to PRedact CRe and a class. of similarly-situated female employee~, who were

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adversely affected by such praccdttieces. As alleged with more particularity below, the pql\al

Employment Opportuuity Commission ("EEOC") alleges that Defendant's President and Chief

Executive Officer sexually harassed Ms. CRe and a class of similarly-situated femal~ employees.

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In addition, the EEOC alleges that Defendacdntet retaliated against Ms.

CRe
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because she

complained.

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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 706(f)(1) and (3) of Title VII of the Civilllights Act of 1964, as amended, 42 U.S.C.§ 2000e-5(f)(1) and (3) and Section 102 ofthe Civil Rights Act of 1991,42 U.S.C. § 1981a ("Title VII"). 2. The employment practices alleged to be unlawful were committed within the' jurisdiction of the United States District Court for the District of Columbia.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "EEOC';), 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(f)(1) and' (3) ofTitle VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, Triad Tax Services, Inc. aka Triad Business Services, Inc. ("Triad"), a D.C. corporation, has continuously been doing business in the District of Columbia and has continuously had at least 15 employees. 5. At all relevant times, Defendant Triad has 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).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Ms. CRe ftIed a
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charge with the EEOC alleging violations of Title VII by Defendant Triad. All cocdnteditions precedent to the institution of this lawsuit have been fulfilled.
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7. Since at least December of2000, Defendant Triad has engaged in illllawful

employment practices at its Washington, D.C. office in violation of Section 703 and Section 704

of Title VII, 42 U.S.C. §§ 2000e-2 and 2000e-3 as follows:

(a) By subjecting Ms. CRe and a class of similarly-situated female
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employees to sexualcdhtearassment, including sexual advances, inappropriate
touching, and explicit sexual conversations, which was so severe and

pervasive that it constituted an abusive or hostile working environment;

(b) By discharging Ms. CRe in retaliation for her filing a charge of
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discrimination with thceteEEOC.
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8. The effect of the practices complained of in paragraph 7 above has been to deprive

Ms. CRe and aclass of similarly-situated female employees of equal employment opportunities
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and otcdhteerwise adversely affect their status as employees, because of their sex or their
participation in activities protected by Title VII.

9. The unlawful employment practices complained of in paragraph 7 above were

intentional.

10. The unlawful employment practices complained of in paragraph 7 above were

taken against Ms. CRe and a class of similarly-situated female employees with malice or with

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reckless indifferencectteo the federally protected rights of Ms. CRe and a class of similarly-situated.

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female employees.

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PRAYER FOR RELIEF

Wherefore, the EEOC respectfully requests that this Court:

A. Grant a permanent injunction enjoining Defendant Triad, its officers, successors,

assigns, and all.persons in active concert or participation with it, from engaging in sexual

harassmentandi retaliation, and any other employment practice which discriminates on the basis

of sex.

B. Order Defendant Triad to institute and carry out policies, practices, and programs

which provide equal employment opportunities for women and which eradicate the effects of its

past and present unlawful employment practices.

C. Order DefendantTriad to make whole Ms. CRe and a class of similarly-situated
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female employees by providing appropriate backpay with prcdetejudgment interest, in amounts to be
determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful

employment practices, including but not limited to frontpay/reinstatement of Ms. CRe and other

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similarly-situated female employees.

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D. Order Defendant Triad to make whole Ms. CRe and a class of similarly-situated
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female employees by providing compensation for past and fcdutteure pecuniary losses resulting from

the.unlawful employment practices described in paragraph 7 above, including expenses for

medical treatment and medication, in amounts to be determined at trial.

E. Order Defendant Triad to make whole Ms. CRe and a class of similarly-situated
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female employees by providing compensation for past and fcdutteure nonpecuniary losses resulting
from the unlawful practices complained of in paragraph 7 above, including fear, anxiety, loss of

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. eanring capacity, loss of enjoyment oflife, suffering, hnmiliation, emotional pain, loss of dignity, and inconvenience, in amounts to determined at trial. F. Order Defendant Triad to pay punitive damages to Ms. CRe and a class of
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similarly-sitnated female employees for its malicious and reckless conducdctet described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the EEOC its costs of this action. WRY TRIAL DEMAND
The EEOC requests a jury trial on all questions of fact raised by its Complaint.
Dated this 12th day of December, 2002. Respectfully submitted,
Gwendolyn Young Reams Associate General Counsel
d~ /s;!(r~ T . Barbata Dougherty·
Assistant General Counsel DC Bar 387628
~~<Z:~7 Senior Trial Attorney DC Bar 421142
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Carlos M. Hunt EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Washington Field Office 1400 L Street N.W., Suite 200 Washington D.C. 20005 (202) 275-7041 (202) 275-6834 (fax) JuanCarlos.Hunt@EEOC.gov .
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 IN THE UNITED STATES DISTRlCT COURT FOR THE DISTRlCT OF COLUMBIA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
TRlAD TAX SERVICES, INC., aka TRlAD BUSINESS SERVICES, INC.
Defendant.

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)

)

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CASE NO: 1:02-CV-02443

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FILED

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OCT 1 9 2004

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IlAl4CY MAYER WHITTINGTON, CLERK U.S, D1STl1JCT COURT

JUDGMENT BY DEFAULT PURSUANT TO RULE 55 OF THE FEDERAL RULES OF CNIL PROCEDURE

It appearing from the record in the above entitled action that an Application for Default
Judgment for want of show cause or other defense was made on,__r_I>LI.'-I-"~:"'!'~-"O'-.,ff-_ as to

Defendant, Triad Tax Services, Inc, for failure of said Defendant to defend against this action as

this/'7~ provided by Rule 55(a) of the Federal Rules of Civil Procedure. Therefore, it is

of

~ , 2004, by the United States District Court for the District of Columbia,

ORDERED and ADJUDGED that judgment by default be and the same is entered in favor

ofPlaintiff, the Equal Employment Opportunity Commission against Triad Tax Services, for the sum

of $105,178.39 which includes $50,000 in compensatory and punitive damages for PRedact CRe ,

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$5,178.39 in back pay plus interest ($4,320 plus $858.39 interest) and $50,000 in compensatorycdatned

punitive damages for CRedact GReda .

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cted

In the event, Defendant resumes operations it will be (1) permanently enjoined from any

present or future violations of Title VII. Prohibited discrimination shall include, but is not limited

to, any harassing conduct or other discriplination because of sex or because of conduct protected

under Section 704(a) ofTitle VII and/or failure to take prompt and reasonable action to correct and prevent harassing conduct prohibited byTitle VII; (2) Defendant shall be orderedto adopt and adhere to an anti-harassmentlanti-discrimination policy; (3) Defendant shall be ordered to hire a human resources director to address and investigate employee complaints ofharassment; (4) Defendant shall be ordered to require any and all current and future managers, supervisors, and persons designated to receive and/or investigate complaints of harassment and/or discrimination to attend training regarding the requirements of Title VII, with particular emphasis on (a) sex/sexual and retaliatory harassment and other forms of sex/sexual and retaliatory discrimination and (b) taking prompt and effective action to prevent, investigate and correct such harassment and discrimination; and Defendant shall be ordered to institute any practices and procedures the Court deems necessary and appropriate to eradicate the complained of discrimination.
~CL~ UNIT STATES DISTRICT JUDGE

 
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CLOSED, JURY, TYPE-H
U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:02-cv-02443-RCL

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. TRIAD TAX SERVICES, INC. Assigned to: Judge Royce C. Lamberth Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 12/12/2002 Date Terminated: 10/20/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by Barbara Brice-Brown EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Washington Field Office 1400 L Street, NW Suite 200 Washington, DC 20005 (202) 275-6687 Fax: (202) 275-6834 Email: barbara.brice-brown@eeoc.gov TERMINATED: 10/01/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Juan Carlos Hunt U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1400 L Street, NW Suite 200 Washington, DC 20005 (202) 275-7041 Fax: (202) 275-6834 Email: juancarlos.hunt@eeoc.gov TERMINATED: 10/01/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tracy Hudson Spicer EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Baltimore District Office 10 South Howard Street 3rd Floor Baltimore, MD 21201 (410) 962-4341 Fax: 410-962-4270

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V.
Defendant
TRIAD TAX SERVICES, INC. also known as TRIAD BUSINESS SERVICES, INC.

Email: tracy.spicer@eeoc.gov ATTORNEY TO BE NOTICED
represented by Charles B. Wayne DLA PIPER US LLP 1200 Nineteenth Street, NW Washington, DC 20036 (202) 861-3900 Fax: (202) 689-7634 Email: charles.wayne@dlapiper.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 12/12/2002 12/12/2002 02/07/2003 02/10/2003 02/21/2003 04/11/2003 04/17/2003 05/12/2003 05/14/2003

#

Docket Text

1 COMPLAINT against TRIAD TAX SERVICES, INC. (Filing fee $ 150.) , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION .(mpt, ) (Entered: 12/13/2002)
Summons (1) Issued as to TRIAD TAX SERVICES, INC. . (mpt, ) (Entered: 12/13/2002)
2 MOTION for Extension of Time to File Answer by TRIAD TAX SERVICES, INC.. (Wayne, Charles) (Entered: 02/07/2003)
3 MINUTE ORDER granting Defendant's Unopposed Motion for Extension of Time to Answer 2. Answer is due by February 21, 2003. Signed by Judge Royce C. Lamberth on February 10, 2003. (KAB-lcrcl1) (Entered: 02/10/2003)
4 ANSWER to Complaint by TRIAD TAX SERVICES, INC..(Wayne, Charles) (Entered: 02/21/2003)
5 MOTION for Leave to File Amended Answer by TRIAD TAX SERVICES, INC.. (Attachments: # 1 Exhibit Consent Letter from Plaintiff# 2 Exhibit Proposed Amended Answer)(Wayne, Charles) (Entered: 04/11/2003)
6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TRIAD TAX SERVICES, INC. served on 1/10/2003, answer due 1/30/2003 (mpt, ) (Entered: 04/17/2003)
7 MINUTE ORDER. It is hereby ORDERED that Defendant's Unopposed Motion for Leave to Amend Answer 5 is GRANTED. Signed by Judge Royce C. Lamberth on May 9, 2003. (lcrcl1-KAB) (Entered: 05/12/2003)
8 Amended ANSWER to Complaint by TRIAD TAX SERVICES, INC..(Wayne, Charles) (Entered: 05/14/2003)

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07/07/2003 08/01/2003 08/12/2003 08/13/2003
08/15/2003 08/22/2003 09/03/2003 10/07/2003 11/03/2003

9 MINUTE ORDER. Defendant having filed an answer, a Local Rule 16.3 Conference shall be held within 15 days of this date. Within 10 days thereafter, a report shall be filed with the Court, along with a proposed scheduling order. The Proposed Scheduling Order shall be submitted in Word Perfect (preferred) or Microsoft Word format by email to RCL_ECF@dcd.uscourts.gov. Signed by Judge Royce C. Lamberth on July 7, 2003. (lcrcl1-KAB) (Entered: 07/07/2003)
10 MEET AND CONFER STATEMENT. (Wayne, Charles) (Entered: 08/01/2003)
Set Deadlines/Hearings: Amended Pleadings due by 9/15/2003. Discovery due by 12/22/2003. Dispositive Motions due by 1/20/2004. Response to Dispositive Motions due by 2/9/2004. Reply to Dispositive Motions due by 2/20/2004; referring case to Magistrate Judge for resolution of discovery disputes. (mon, ) (Entered: 08/15/2003)
11 SCHEDULING ORDER. Additional parties shall be added by September 15, 2003. Amendments to pleadings shall be completed by September 15, 2003, unless the amendments are prompted by the addition of a party, in which case the amendments should occur within 20 days of the addition of a party. The parties shall make requisite disclosures in accordance with Rule 26(a) of the Federal Rules of Civil Procedure. The parties agree that the limits of discovery contained in the Federal Rules of Civil Procedure are appropriate for this case. The discovery period shall continue through December 22, 2003. All discovery must be served so that responses are due no later than this date. Summary judgment or other dispositive motions shall be filed and hand-delivered by January 20, 2004. The party opposing the motion shall file a brief in opposition by February 9, 2004, and the moving party shall file a reply brief, if warranted, by February 20, 2004. A status conference for this action will be set after disposition of any dispositive motion(s), at which time a date for the pretrial conference and trial will be established. Signed by Judge Royce C. Lamberth on August 12, 2003. (lcrcl1-KAB) (Entered: 08/13/2003)
CASE REFERRED to Magistrate Judge Deborah A. Robinson for resolution of discovery disputes. (cp, ) (Entered: 08/19/2003)
12 Joint MOTION for Extension of Time to Serve Initial Disclosures by TRIAD TAX SERVICES, INC.. (Wayne, Charles) (Entered: 08/22/2003)
MINUTE ORDER GRANTING Joint Motion for Extension of Time to Serve Initial Disclosures 12; initial disclosures shall be exchanged by September 5, 2003. Signed by Mag. Judge Deborah A. Robinson on 9/3/03.(jlc) (Entered: 09/03/2003)
13 MOTION for Leave to File Motion for Stay Under Seal by TRIAD TAX SERVICES, INC.. (Attachments: # 1 Exhibit)(Wayne, Charles) (Entered: 10/07/2003)
15 REPLY to opposition to motion re 13 for Stay filed by TRIAD TAX SERVICES, INC.. (Attachments: # 1 Exhibit E-mail from E. King to J. Hunt# 2 Exhibit Affidavit of Paula Junghans)(Wayne, Charles) (Entered: 11/03/2003)

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11/14/2003 11/24/2003 11/25/2003 08/23/2004 09/01/2004 09/22/2004 09/22/2004 09/30/2004 10/01/2004 10/01/2004
10/19/2004 10/20/2004 10/20/2004

16 MOTION to Withdraw as Attorney by TRIAD TAX SERVICES, INC.. (Wayne, Charles) (Entered: 11/14/2003)
17 Memorandum in opposition to motion re 16 to Withdraw as Counsel filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Hunt, Juan) (Entered: 11/24/2003)
18 ORDER granting 13 Motion for Leave to File Motion to Stay, granting Motion to Stay, denying 16 Motion to Withdraw as Attorney. Signed by Judge Royce C. Lamberth on 11/24/03.(lcrcl1) (Entered: 11/25/2003)
Set/Reset Hearings: Sealed Status Conference set for 9/1/2004 02:00 PM in Courtroom 21 before Judge Royce C. Lamberth. New counsel who will be entering an appearance for the EEOC:Tracy Spicer, Esq.; new co-counsel for defendant: Elisha King, Esq. (mon, ) (Entered: 08/23/2004)
Minute Entry for proceedings held before Judge Royce C. Lamberth : Status Conference held on 9/1/2004. (Court Reporter Bill McAllister.) (zmon, ) (Entered: 09/03/2004)
NOTICE of Hearing: Status Conference set for 10/1/2004 02:00 PM in Courtroom 21 before Judge Royce C. Lamberth. (zmon, ) (Entered: 09/22/2004)
Remark : Phone number for Tracy Spicer, Esq., EEOC attorney-(410) 962-4623 (zmon, ) (Entered: 09/22/2004)
19 NOTICE of Appearance by Tracy Hudson Spicer on behalf of EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Spicer, Tracy) (Entered: 09/30/2004)
20 ORDER granting motion to withdraw, ordereing defendant to appear, and directing clerk to transmit the Order to defendant.. Signed by Judge Royce C. Lamberth on 10/1/2004. (lcrcl1) (Entered: 10/01/2004)
Minute Entry for proceedings held before Judge Royce C. Lamberth : Present for Plaintiff: Tracy Spicer, Esq & Corbett Anderson, Esq.; for Defendant: Elisha King, Esq.Status Conference held on 10/1/2004. Motion of defense counsel to withdraw as counsel is granted; Status Conference set for 10/19/2004 10:00 AM in Courtroom 21 before Judge Royce C. Lamberth at which time defendant must appear personally or retain new counsel.(Court Reporter Theresa Sorensen.) (mon, ) (Entered: 10/01/2004)
21 MOTION for Default Judgment as to Triad Tax Services, Inc by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Spicer, Tracy) (Entered: 10/19/2004)
22 ORDER granting 21 Motion for Default Judgment in the amount of $105,178.39 in favor of plaintiff, Equal Employment Opportunity Commission, and against the defendant Triad Tax Services, Inc.. Signed by Judge Royce C. Lamberth on 10/19/04. (mon, ) (Entered: 10/20/2004)
Minute Entry for proceedings held before Judge Royce C. Lamberth : Present Tracy Spicer, Esq. for plaintiff; Motion Hearing held on 10/20/2004 re 21 MOTION for Default Judgment as to Triad Tax Services, Inc filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION is granted. (Court Reporter

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Theresa Sorensen.) (mon, ) (Entered: 10/20/2004)

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