Case 1:06-cv-02154-WMN Document 1 Filed 08/18/06 Page 1 of 5

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
Northern Division

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

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10 S. Howard Street, 3rd Floor

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Baltimore, Maryland 21201,

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Plaintiff,

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v.

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SHREE LALAJI LLC t/a

)

BEST WESTERN SALISBURY PLAZA

)

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1735 North Salisbury Boulevard

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Salisbury, Maryland 21801,

)

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Defendant.

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__________________________________________)

Civil Action No.

COMPLAINT AND JURY DEMAND

NATURE OF THE ACTION

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

Rights Act of 1991 to correct unlawful employment practices on the basis of race (Black) and to

provide appropriate relief to Gerald Savage (“Mr. Savage”) and other African-American

employees of Defendant Employer, Shree Lalaji LLC t/a Best Western Salisbury Plaza (“Best

Western”), all of whom were adversely affected by such practices. The Commission alleges that

from August, 2005 until December, 2005, Mr. Savage was subjected to unwelcome racially

hostile remarks and conduct by Defendant’s General Manager. The racially hostile remarks and

conduct were sufficiently severe and pervasive to alter the conditions of Mr. Savage’s

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employment and to create an abusive working environment so intolerable that Mr. Savage and other black employees were constructively discharged.
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 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3) (“Title VII”) and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A. 2. The unlawful employment practices alleged herein were committed within the judicial district of this Court.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (“the Commission”), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, Shree Lalaji LLC t/a Best Western Salisbury Plaza (“Defendant Employer”), has continuously been a corporation organized under the laws of the State of Maryland doing business within the State of Maryland, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant Employer, has continuously been an employer engaged in an industry affecting commerce under Sections 701(b), (g) and (h) of the Title VII, 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, Gerald Savage filed a charge with the Commission alleging violations of Title VII of the Civil Rights Act of 1964 by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least August, 2005, Defendant Employer has engaged in unlawful employment practices at its Salisbury, Maryland facility, in violation of Section 703(a) of Title VII. These practices include Defendant Employer’s General Manger using racial epithets, making racially derogatory statements, treating black employees less favorably than white employees, refusing service to or overcharging black guests and reducing Mr. Savage’s hours when he complained about the above listed actions. The racial harassment and reduced working hours resulted in Mr. Savage being subjected to a hostile working environment, and working conditions so intolerable that he was constructively discharged from his position as a Front Desk Clerk. 8. The effect of the practices complained of above has been to deprive Mr. Savage and a class of black employees of equal employment opportunities and otherwise adversely affect their status as employees because of race. 9. The unlawful employment practices complained of above were intentional. 10. The unlawful employment practices complained of above were done with malice or with reckless indifference to the federally protected rights of Mr. Savage and a class of black employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
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A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from harassing, adversely affecting the terms and conditions of employment and constructively discharging individuals based on race and any other employment practice which discriminates on the basis of race in violation of Title VII of the Civil Rights Act of 1964.
B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for all its employees, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant Employer to make whole Mr. Savage and the class of black employees by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, reinstatement to their positions, or front pay in lieu thereof, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
D. Order Defendant Employer to make whole Mr. Savage and a class of black employees by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, including but not limited to damages in the form of expenses for job searches and expenses incurred due to the loss of heath coverage, in amounts to be determined at trial.
E. Order Defendant Employer to make whole Mr. Savage and a class of black employees by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices described above, including but not limited to emotional and mental anguish, pain and suffering, humiliation, loss of enjoyment of life, and devastation in amounts to be determined at trial.
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F. Order Defendant Employer to pay Mr. Savage and a class of black employees
punitive damages for its malicious and reckless conduct, as described above, in amounts to be
determined at trial.
G. Grant such further legal or equitable relief as the Court deems necessary and
proper in the public interest.
H. Award the Commission its costs of this action.
JURY TRIAL DEMAND
The Commission hereby requests a jury trial on all questions of fact raised by its
Complaint.
Respectfully submitted,
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
_________/S/______________ JACQUELINE H. McNAIR Regional Attorney
____________/S/____________ DEBRA M. LAWRENCE Supervisory Trial Attorney (Bar No. 04312)
____________/S/_________________ ERICA D. WHITE-DUNSTON Trial Attorney (Bar No. 28125)
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 10 S. Howard Street, 3rd Floor Baltimore, Maryland 21201 (410) 962-3852 (phone) (410) 962-4270 (fax)
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 Case 1:06-cv-02154-WMN Document Case 1:06-cv-02154-WMN Document 5

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FFileilded121/20/60/260/0066

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
Northern Division

---.fiLED _ _ _,lfJDr-.ED

----ENTIEE£R1EV8D>

DEC 6 2006

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
SHREE LALAJI LLC t/a BEST WESTERN SALISBURY PLAZA
Defendant.

)

)

)

)

)

Civil Action No. 8:06cv2154 WMN

)

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CONSENT DECREE This action was instituted by Plaintiff, Equal Employment Opportunity Commission (the "EEOC" or the "Commission"), against Defendant, Shree Lalaji LLC t/a Best Western Salisbury Plaza (hereinafter "Defendant"), alleging that Defendant violated Section 703(a) of Title VII of the Civil Rights Act of 1964, as amended, ("Title VII") 42 U.S.C. Section 2000e-2(a) by refusing to correct unlawful employment practices on the basis of race (Black) and to provide appropriate relief to Gerald Savage ("Mr. Savage") and other Black employees of Defendant Employer, all of whom were adversely affected by such practices. Both the Commission and Defendant desire to resolve the Commission's action without the time and expense of continued litigation, and they desire to formulate a plan to be embodied in a Decree which will promote and effectuate the purposes of Title VII. This Decree shall not constitute adjudication on the merits of the Commission's case and shall not be construed as an admission by Defendant of any discriminatory practice or as a

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waiver by the Commission of any contentions of discrimination. The Court has examined this Decree and finds it reasonable and just and in accordance with the purposes of Title VII. Therefore, upon due consideration of the record herein and being fully advised in the premises, it is ORDERED, ADWDGED, AND DECREED:
1. This DECREE resolves all issues and claims alleged in the Complaint filed by the Commission in this Title VII action which emanated from the charge of discrimination filed by Gerald Savage.
2. Defendant, its officers, agents, servants, employees and all persons acting or claiming to act in its behalf and interest shall be permanently enjoined and restrained from discriminating against any employee on the basis of race, specifically with regard to adversely affecting the terms and conditions of any individual's employment and creating a racially hostile work environment. Specific reference is made to the following provision of Title VII:
It shall be an unlawful employment practice for an employer (1) to fail or refuse to hire or to discharge any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individual's race .... 42 U.S.C. § 2000e-2(a). 3. Defendant, its officers, agents, servants, employees and all persons acting or claiming to act in its behalf and interest agree that they will not retaliate against any employee who opposes any of Defendant's practices which the employee believes to be a violation of Title VII, who files a charge of discrimination with the EEOC alleging violation(s) of such statute, who cooperates with the EEOC in the investigation and/or prosecution of any charge of discrimination, or who cooperated in the investigation or prosecution of this case. 4. In furtherance of Paragraphs 2 and 3, above, within six months following the entry of this Decree, Defendant will provide a minimum of four hours equal employment
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opportunity ("EEO") training, through a qualified law firm or consultant with expertise in EEO matters, to its Owner and General Manager and to all other employees responsible for the hiring and firing and supervision of hotel employees, specifically with regard to making its work environment free of race-based harassment in accordance with Defendant's obligations under Title VII. Upon the completion of such training, Defendant will provide certification to Commission counsel that such training has been provided including the identity of the provider, the dates and location of the training, the names of the attendees, and the number of hours of training.
POSTING 5. Upon approval of this Decree, Defendant will post immediately in all places where notices to employees customarily are posted, the Notice attached hereto as Exhibit "A" and made a part hereof. Said Notice attached hereto as Exhibit "A" shall be posted and maintained for a period of at least one year from the date of actual posting shown thereon. Should the Notice become defaced, marred, or otherwise made unreadable, Defendant will ensure that new readable copies of the Notice are posted in the same manner as heretofore specified. Within thirty (30) days of approval of this Decree, Defendant shall forward to the attorney of record at the Baltimore Field Office a copy of the signed Notice attached hereto as Exhibit "A" and written certification that the Notice referenced herein has been posted and a statement of the location(s) and date of posting.
MONETARY RELIEF 6. Within ten days after entry of this Consent Decree, Defendant will pay back wages, in the amount of Seven Thousand Dollars ($7000.00) and compensatory damages in the amount of Eight Thousand Dollars ($8000.00) to Gerald Savage. Defendant will issue a W-2
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form reflecting the back pay payment and a 1099 form reflecting the compensatory damages payment.
7. Defendant will pay Five Thousand Dollars ($5000.00) to be distributed among former Black employees who, in the Commission's determination, were subjected to a hostile work environment. Within twenty business days after the entry of this Decree, the Commission will provide to Defendant the names, addresses, and amounts of payment to be distributed by Defendant to each claimant. Within ten (1 0) business days of receipt of this information, Defendant will issue payments to each claimant. Defendant will issue 1099 forms to reflect the payments to the claimants.

8. The Commission and Defendant shall bear their own costs and attorneys' fees.

The undersigned counsel of record in the above-captioned action hereby consent, on behalf of

their respective clients, to the entry of the foregoing Consent Decree.

For Defendant:

For Plaintiff:

/s/- - - - - - - - - - - - - - - - - - - -
MARY KEATING 728 Deepdene Road Baltimore, MD 21210 (410) 532-8900

RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

/s/ JACQUELINE H. McNAIR Regional Attorney

/s/ DEBRA M. LAWRENCE Supervisory Trial Attorney (Bar No. 04312)

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/s/

ERICA D. WHITE-DUNSTON

Trial Attorney

(Bar No. 28125)

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

10 S. Howard Street, 3rd Floor

Baltimore, Maryland 21201

(410) 962-3852 (phone)

(410) 962-4270 (fax)

SO ORDERED.

Signed and entered this '~ay of~.._, 2006.
~ United States District Court Judge

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

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?900148905750791-L_3...

U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:06-cv-02154-WMN

CLOSED

EEOC v. Shree Lalaji LLC Assigned to: Judge William M Nickerson Cause: 42:2000 Job Discrimination (Race) Plaintiff EEOC
V.

Date Filed: 08/18/2006 Date Terminated: 12/06/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Erica Denise White Dunston US Equal Employment Opportunity Commission 10 S Howard St Third Fl Baltimore, MD 21201 14109623932 Fax: 14109624270 Email: erica.white-dunston@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
Jacqueline H McNair US Equal Employment Opportunity Commission 21 S Fifth St Ste 400 The Bourse Bldg Philadelphia, PA 19106 12154402666 Fax: 12154402674 Email: jacqueline.mcnair@eeoc.gov ATTORNEY TO BE NOTICED

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

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?900148905750791-L_3...

Defendant
Shree Lalaji LLC trading as Best Western Salisbury Plaza

Date Filed 08/18/2006 08/18/2006 08/21/2006 08/21/2006 08/22/2006
11/21/2006
12/06/2006 12/06/2006

#

Docket Text

1 COMPLAINT against Shree Lalaji LLC, filed by EEOC. (Attachments: # 1 Civil Cover Sheet)(ljs, Deputy Clerk) (Entered: 08/21/2006)
Jury Trial Demand by EEOC. (ljs, Deputy Clerk) (Entered: 08/21/2006)
2 Summons Issued 20 days as to Shree Lalaji LLC. (ljs, Deputy Clerk) (Entered: 08/21/2006)
3 NOTICE of Appearance by Jacqueline H McNair on behalf of EEOC (jlb, Deputy Clerk) (Entered: 08/22/2006)
(ENTERED IN ERROR) Deficiency Notice to EEOC. Your Local Rule 103.3 disclosure statement has not been filed.The Statement must be filed by 8/31/2006 (ljs, Deputy Clerk) Modified on 8/23/2006 (ljs, Deputy Clerk). (Entered: 08/22/2006)
4 WAIVER OF SERVICE Returned Executed by EEOC. Shree Lalaji LLC waiver sent on 11/6/2006, answer due 1/5/2007. (White Dunston, Erica) (Entered: 11/21/2006)
5 SETTLEMENT AGREEMENT by EEOC. (White Dunston, Erica) (Entered: 12/06/2006)
6 CONSENT DECREE and approval. Signed by Judge William M Nickerson on 12/6/06. (jlb, Deputy Clerk) (Entered: 12/06/2006)

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