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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

NORTH AMERICAN CABLE

)

EQUIPMENT, INC.,

)

)

Defendant.

)

)

CIVIL ACTION NO.
COMPLAINT JURY TRIAL 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 and to provide

appropriate relief to the Charging Party, Kelly Groomes-Wilkins, and a class of similarly-situated

individuals who were adversely affected by such practices. As articulated with greater particularity

in Paragraph7 below, the Commission alleges that Ms. Groomes-Wilkins and a class of similarly-

situated employees were subjected to a racially hostile work environment when Defendant managers

made racially offensive jokes and comments, and distributed e-mails containing racially offensive

jokes and graphics negatively depicting African Americans.

The Commission further alleges that although Charging Party and the class members

complained to management about the racially hostile work environment, Defendant failed to take

any effective remedial action to stop the harassment, resulting in emotional harm to the aggrieved

individuals. Unable to tolerate the racially hostile work environment, Ms. Groomes-Wilkins was

constructively discharged from her employment on about February 27, 2006.

JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuantto 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to § 706(f) (1) and (3) ofTitle VII ofthe Civil Rights Act of1964, as amended, 42 U.S.c. "§ 2000e-5(f)(I) and (3)" ("Title VIlli) 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.
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 Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000(e)-5(f) (1) and (3). 4. At all relevant times, Defendant, North American Cable Equipment, Inc. (the "Employer"), has continuously been a Pennsylvania corporation doing business in the State of Pennsylvania, and the City ofWest Chester, and has continuously had at least fifteen (15) employees. 5. At all relevant times, Defendant Employer 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. Groomes-Wilkins filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution ofthis lawsuit have been fulfilled.
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7. Beginning in November 2005, and continuing until at least February 27, 2006, Defendant Employer engaged in unlawful employment practices in violation of Section 703(a) (1)
ofTitle Vll,42 U.S.C. § 2000e-2(a) (1), by subjecting Ms. Groomes-Wilkins., and a class ofsimilarly
situated employees, to a racially hostile and offensive work environment. The racial harassment culminated in Ms. Groomes-Wilkins' constructive discharge. These unlawful practices include, but are not limited to, the following:
(a) Ms. Groomes-Wilkins was the only African American employee in Defendant Employer's West Chester, Pennsylvania Sales Department. Within months of beginning her employment, in or about November 2005, Ms. Groomes-Wilkins heard Assistant Warehouse Manager, Lou Perez, refer to her as "Burnt Victim," a racially derogatory slur.
(b) After Assistant Warehouse Manager Perez's racially derogatory remark, Ms. GroomesWilkins became extremely uncomfortable in her work environment. In or about November and December 2005, Ms. Groomes-Wilkins' co-workers shunned her and began subjecting her to disparaging treatment at the workplace.
(c) In or about November 2005, while at a unit meeting, a co-worker (white) moved from his seat and refused to sit next to Ms. Groomes-Wilkins. Ms. Groomes-Wilkins white co-workers continued to further subject her to disparaging treatment when they yelled at her and ignored her work-related inquires. In or about December 2005, Ms. Groomes-Wilkins reported her co-worker's isolation and uncooperative behavior to her manager, Kirk Davies, but the abusive conduct by her co-workers continued.
(d) In or about December 2005, Ms. Groomes-Wilkins learned that Defendant's Vice President, Larry Rufo, often made racially offensive jokes in front of staff in the warehouse.
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Among other offensive slurs, Rufo commented, "Adam and Eve could not be Black because no black man would give up any ribs!"
(e) In or about January and February 2006, Ms. Groomes-Wilkins began noticing discrepancies in her sales reports and learned that her white co-workers were given credit for her sales. Ms. Groomes-Wilkins complained to her manager, Davies, but he refused to address the problem.
(f) In or about February 2006, Ms.. Groomes-Wilkins received a copy of several e-mails containing racially offensive jokes and graphics negatively depicting African Americans. The e-mails were circulated in the workplace by Defendant's employees.
(g) A racist e-mail sent by Defendant's Warehouse Manager included, among other offensive connotations, a picture ofa white chick (young chicken) yelling, "What's up my Niggas?" while following a group of black chicks. Another e-mail contained a Hurricane Katrina victim (African American male) wading through ravaged waters with racially disparaging remarks captioned the "looters" beer of choice. The e-mails were circulated to Defendant's employees, including Defendant's owner, Aaron Starr, and Human Resource Manager, Nikki Owens.
(h) Ms. Groomes-Wilkins was extremely offended by the e-mails and the frequency of circulation. Within days of receiving the e-mails, she went to her Manager Davies to report the harassment she was subjected to by her white co-workers.
(i) During the meeting with Davies, he agreed that Defendant's workers were racist, and instead of addressing Ms. Groomes-Wilkins concerns, Davies simply responded that "things would not change" and Ms. Groomes-Wilkins "should deal with it."
(j) The racial harassment based on Ms. Groomes-Wilkins' race created working
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conditions so intolerable that a reasonable person would be forced to resign. Ms. Groomes-Wilkins

was constructively discharged on February 27,2006.

(k)

Upon information and belief, a class of black employees, as well as one white

employee who was associated with another black employee by marriage, were similarly SUbjected

to a racially hostile work environment, by the racially offensive jokes, comments, and offensive e-

mails that were circulated in the workplace by Defendant's managers.

8. The effect of the practices complained of in paragraph 7(a) through (k) above has

been to deprive Kelly Groomes-Wilkins and a class of similarly situated individuals of equal

employment opportunities and otherwise adversely affect their status as an employee because oftheir

race andlor association with African Americans.

9. The unlawful employment practices complained of in paragraph 7(a) through (k)

above were intentional.

10. The unlawful employment practices complained of in paragraph 7(a) through (k)

above were done with malice or with reckless indifference to the federally protected rights of Kelly

Groomes-Wilkins and a class of similarly situated individuals.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

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

assigns, and all persons in active concert or participation with it, from engaging in racial harassment

and any other employment practice which discriminates on the basis of race or retaliation.

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

which provide equal employment opportunities, which provide for an harassment free work

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environment, and which eradicate the effects ofits past and present unlawful employment practices. C. Order Defendant Employer to institute and carry out anti-discrimination and racial
harassment policies and complaint procedures. D. Order Defendant Employer to institute and carry out complaint procedures which
encourage employees to come forward with complaints regarding violations of its policies against discrimination, harassment and retaliation.
E. 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 antiharassment; 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.
F. Order Defendant Employer to make whole Kelly Groomes-Wilkins and the class members by providing appropriate back pay and front 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 Defendant Employer to make whole Kelly Groomes-Wilkins and the class members by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 and 8 above, including their respective sub-parts, which include, but are not limited to, out-of-pocket losses, in amounts to be determined at triaL
H. Order Defendant Employer to make whole Kelly Groomes-Wilkins and the class members by providing compensation for past and future non pecuniary losses resulting from the
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unlawful practices complained ofin paragraphs 7 and 8 above, including their respective sub-parts,

which include, but are not limited to, pain and suffering, humiliation, embarrassment, loss oflife's

enjoyment and pleasures, depression, anxiety and inconvenience, in amounts to be determined at

trial.

1. Order Defendant Employer to pay Kelly Groomes-Wilkins and the class members

punitive damages for its malicious and reckless conduct described in paragraphs 7 and 8 above,

including their respective sub-parts, in amounts to be determined at trial.

J. Grant such further relief as the Court deems necessary and proper in the public

interest.

K.

Award the Commission its costs of this action.

L 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. Respectfully submitted,
u.s. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION RONALD S. COOPER GENERAL COUNSEL JAMES L. LEE DEPUTY GENERAL COUNSEL GWENDOLYN YOUNG REAMS Associate General Counsel Washington, D.C.
~o, D/fn;~ ITH A. O'BOYLE Supervisory Trial Attorney
~U'~L
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 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

:

:

vs.

:

:

NORTH AMERICAN CABLE EQUIPMENT

INC.

O R D E R

CIVIL ACTION NO. 06-4271

AND NOW, TO WIT: This 18th day of January, 2007, it having been reported that the issues between the parties in the above action has been settled and upon Order of the Court pursuant to the provisions of Rule 41.1(b) of the Local Rules of Civil Procedure of this Court , it is
ORDERED that the above action is DISMISSED with prejudice, pursuant to agreement of counsel without costs.

MICHAEL E. KUNZ, Clerk of Court
BY: Stephen J. Iannacone Deputy Clerk

Civ 2 (8/2000) 41(b).frm

 
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CLOSED, STANDARD
United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:06-cv-04271-WD

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. NORTH AMERICAN CABLE EQUIPMENT, INC. Assigned to: HONORABLE J. WILLIAM DITTER, JR Cause: 42:1983 Civil Rights Act

Date Filed: 09/25/2006 Date Terminated: 01/18/2007 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by DAWN M. EDGE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5TH ST STE 400 PHILADELPHIA, PA 19106 215-440-2687 Email: dawn.edge@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

JACQUELINE H. MCNAIR EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5TH ST STE 400 PHILADELPHIA, PA 19106 215-440-2687 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 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant

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NORTH AMERICAN CABLE EQUIPMENT, INC.

represented by JOSEPH L. TURCHI SALMON RICCHEZZA SINGER & TURCHI LLP 1700 MARKET STREET SUITE 3110 PHILADELPHIA, PA 19107 Email: jturchi@srstlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/25/2006
09/25/2006 09/25/2006 11/01/2006
11/13/2006
11/16/2006 11/16/2006 12/06/2006
12/08/2006 01/11/2007

#

Docket Text

1 COMPLAINT against NORTH AMERICAN CABLE EQUIPMENT, INC. , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Civil Cover Sheet # 2 Designation Form# 3 Case Management Track Designation Form)(ti, ) (Entered: 09/25/2006)
Summons Issued as to NORTH AMERICAN CABLE EQUIPMENT, INC. One Orignial Forwarded To: Counsel on 9/25/06 (ti, ) (Entered: 09/25/2006)
DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (ti, ) (Entered: 09/25/2006)
2 Summons Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: Michael Gallagher served Summons and Complaint upon NORTH AMERICAN CABLE EQUIPMENT, INC. by Personal Service. NORTH AMERICAN CABLE EQUIPMENT, INC. served on 10/30/2006, answer due 11/20/2006. (le, ) (Entered: 11/01/2006)
3 Summons Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: Michael Gallagher served Summons and Complaint upon Aaron Starr, CEO on behalf of NORTH AMERICAN CABLE EQUIPMENT, INC. by Personal Service on 10/24/2006. (le, ) (Entered: 11/13/2006)
4 ANSWER to Complaint together with Defenses with Certificate of Service by NORTH AMERICAN CABLE EQUIPMENT, INC..(TURCHI, JOSEPH) (Entered: 11/16/2006)
5 Disclosure with Certificate of Service by NORTH AMERICAN CABLE EQUIPMENT, INC..(TURCHI, JOSEPH) (Entered: 11/16/2006)
6 ORDER THAT THIS CASE IS REASSIGNED FROM JUDGE R. BARCLAY SURRICK TO JUDGE J. WILLIAM DITTER, JR FOR ALL FURTHER PROCEEDINGS. SIGNED BY CLERK OF COURT MICHAEL E. KUNZ ON 12/6/06. 12/6/06 ENTERED AND COPIES MAILED AND E-MAILED.(le, ) (Entered: 12/06/2006)
7 NOTICE Pre-Trial Conference is scheduled for January 18, 2007 at 11:00 am in chambers. (dbh, ) (Entered: 12/08/2006)
8 ORDER THAT PLAINTIFF'S COUNSEL WILL CONTACT MR. TURCHI TO SCHEDULE DEPOSITION DURING THE WEEK OF 1/22/2007. COUNSEL

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01/18/2007 03/19/2007

WILL PROVIE THE COURT WITH TRANSCRIPTS OF EACH DEPOSITION. MR. TURCHI SHALL PROVIDE A COPY OF THE EEOC INVESTIGATION BY 1/18/2007. A HEARING REGARDING THE DEPOSITIONS AND SCHEDULE FOR DISCOVERY IS SET FOR 2/14/2007 AT 10:00 AM IN JUDGE'S CHAMBERS BEFORE HONORABLE J. WILLIAM DITTER JR.. SIGNED BY JUDGE J. WILLIAM DITTER JR. ON 1/11/07. 1/11/07 ENTERED AND COPIES MAILED AND E-MAILED.(le, ) (Entered: 01/11/2007)
9 ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY JUDGE J. WILLIAM DITTER JR. ON 01/18/2007. 01/18/2007 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(si, ) (Entered: 01/18/2007)
10 CONSENT DECREE AND ORDER THAT N.A.C.E IS ENJOINED FROM ENGAGING IN HARASSMENT OF ANY EMPLOYEE ON THE BASIS OF RACE IN VIOLATION OF TITLE VII, ETC.. SIGNED BY JUDGE J. WILLIAM DITTER JR. ON 3/19/07. 3/19/07 ENTERED AND COPIES MAILED.(le, ) Modified on 3/19/2007 (le, ). (Entered: 03/19/2007)

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