IN THE UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND NORTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

Baltimore District Office

)

10 S. Howard Street, 3rd Floor)

Baltimore, Maryland 21201 )

)

Plaintiff,

)

)

v.

)

)

)

NORTH AMERICA AVIATION

)

SERVICES BA, INC.

)

d/b/a NAAS

)

7071 ELM ROAD

)

Baltimore, Maryland 21240

)

)

NORTH AMERICA AVIATION

)

SERVICES, INC.

)

d/b/a NAAS

)

2714 Grand Avenue

)

Bellmore, New York 11710

)

)

Defendants. )

)

)

Civil Action No.
C O M P L A I N T JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title I and Title V of the Americans

with Disabilities Act of 1990 (the ADA) and Title I of the Civil

Rights Act of 1991 to correct unlawful employment practices on

the basis of disability and to provide appropriate relief to

Robert Berchini, who was adversely affected by such practices.

The Commission alleges that Mr. Berchini was terminated because

of his disability, Hepatitis C, and Interferon treatment for

Hepatitis C, and because he opposed actions made unlawful by the

ADA. The Commission also alleges that Defendants failed to

provide a necessary reasonable accommodation to Mr. Berchini by denying his requests for intermittent unpaid sick leave.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. Section 12117(a), which incorporates by reference Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. Sections 2000e-5(f)(1) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. Section 1981A. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Maryland.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (“the Commission”), is an agency of the United States of America charged with the administration, interpretation, and enforcement of Title I of the ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U.S.C. §12117(a), which incorporates by reference Section 706(f)(1) of Title VII, 42 U.S.C. Section 2000e-5(f)(1).
2

4. At all relevant times, Defendant North America Aviation Services BA, Inc., has continuously been a Maryland corporation, doing business in the State of Maryland and the City of Baltimore and has continuously had at least fifteen employees.
5. At all relevant times, Defendant North America Aviation Services BA, Inc., has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 101(7) of the ADA, 42 U.S.C. §12111(7), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §2000e(g) and (h).
6. At all relevant times, Defendant North America Aviation Services BA, Inc., has been a covered entity within the meaning of Section 101(2) of the ADA, 42 U.S.C. §1211(2).
7. At all relevant times, Defendant North America Aviation Services, Inc., has continuously been a New York corporation, doing business in the State of Maryland and the City of Baltimore and has continuously had at least fifteen employees.
8. At all relevant times, Defendant North America Aviation Services, Inc., has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 101(7) of the ADA, 42 U.S.C. §12111(7), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §2000e(g) and (h).
3

9. At all relevant times, Defendant North America Aviation Services, Inc., has been a covered entity within the meaning of Section 101(2) of the ADA, 42 U.S.C. §1211(2).
STATEMENT OF CLAIMS 10. More than thirty days prior to the institution of this lawsuit, Robert Berchini filed a charge with the Commission alleging violations of Title I of the ADA by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 11. Since at least September 2001 through January 2002, Defendants engaged in unlawful employment practices at its facility at the Baltimore-Washington International Airport, in violation of Sections 102(a)and 102(b)(5)(A) of Title I of the ADA, 42 U.S.C. Sections 12112(a) and 12112(b)(5)(A), and in violation of Title V of the ADA, Section 503 (a), 42 U.S.C. § 12203(a). The practices include the following: a. refusing to provide a reasonable accommodation to allow Mr. Berchini to take intermittent, unpaid sick leave during the course of his Interferon treatments; b. subjecting Mr. Berchini to discipline because he opposed acts and practices made unlawful by the ADA; c. terminating Mr. Berchini because of his disability; and d. terminating Mr. Berchini because he opposed acts and practices made unlawful by the ADA.
4

12. The effect of the practices complained of above has been to deprive Mr. Berchini, a qualified individual with a disability, of equal employment opportunities and otherwise adversely affect his status as an employee, because of his disability and because he engaged in protected activity.
13. As a direct and proximate result of these violations of his rights under the ADA, Mr. Berchini has suffered damages in the form of past pecuniary losses. In addition he has suffered emotional pain, suffering, inconvenience, mental anguish, embarrassment, frustration, humiliation, and loss of enjoyment of life.
14. The unlawful employment practices complained of above were intentional.
15. The unlawful employment practices complained of in paragraph 11 above were done with malice or with reckless indifference to the federally protected rights of Mr. Berchini.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns and all persons in active concert or participation with them, from engaging in any employment practice which discriminates on the basis of a disability;
5

B. Order Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects of their past and present unlawful employment practices;
C. Order Defendants to make whole Mr. Berchini by providing appropriate backpay with prejudgment interest, in amounts to be proven at trial, and other affirmative relief necessary to eradicate the effects of their unlawful employment practices;
D. Order Defendants to implement non-discriminatory, objective, written policies and practices regarding the terms and conditions of employment and sign and conspicuously post, for a designated period of time, a notice to all employees that sets forth the remedial action required by the Court and inform all employees that they will not discriminate against any employee because of a disability, including that they will comply with all aspects of the ADA and that they will not take any action against employees because they have exercised their rights under that statute;
E. Order Defendants to make whole Mr. Berchini by providing compensation for past pecuniary losses, in amounts to be proven at trial;
6

F. Order Defendants to make whole Mr. Berchini by providing compensation for non-pecuniary losses including emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, embarrassment, frustration, and humiliation, in amounts to be proven at trial;
G. Order Defendant to pay Mr. Berchini punitive damages for their callous indifference to his federally protected right to be free from discrimination based on disability in the workplace;
H. Grant such further relief as the Court deems necessary and proper; and
I. Award the Commission its costs in this action. The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted, GWENDOLYN YOUNG REAMS Associate General Counsel
______________________________ GERALD S. KIEL Regional Attorney
______________________________ DEBRA M. LAWRENCE Supervisory Trial Attorney
7

MARIA LUISA MOROCCO Trial Attorney Federal Bar No. 24357
___________________________ MARIA SALACUSE Trial Attorney Federal Bar No. 15562 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Baltimore District Office 10 S. Howard Street, 3rd Floor Baltimore, Maryland 21201 (410) 962-4260 (phone) (410) 962-4270 (fax)
8

 
 DISTRICT OF MARYLAND NORTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

NORTH AMERICA AVIAnON

)

SERVICES,BA, INC. and

)

NORTH AMERICA AVIAnON

)

SERVICES INC.

)

)

Defendant.

)

)

,_._--------- ,.
Civil Action No. BEL-03-cv-2289

CONSENT DECREE

This action was instituted by Plaintiff, the U.S. Equal Employment Opportunity

Commission (the "EEOC" or the "Commission"), against Defendants, North America Aviation

Services BA, Inc., and North America Aviation Services, Inc., (hereinafter Defendants), alleging

that Defendants violated Sections 102(a) andl02(b)(5)(A) of Title I of the Americans with

Disabilities Act ("ADA"), 42 U.S.C. §§ 12112(a), 12112(b)(5)(A), and Section 503(a) of Title V

of the ADA, 42 U.S.c. § 12203(a), by terminating Robert Berchini because of his disability,

Hepatitis C, and interferon treatment for Hepatitis C, and because he opposed actions made

unlawful by the ADA, and by failing to provide a necessary reasonable accommodation to Mr.

Berchini.

Both the Commission and Defendants 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 the ADA.

This Decree shall not constitute an adjudication on the merits of the Commission's case

and shall not be construed as an admission by Defendants of any discriminatory practice or as a waiver by the Commission of any contentions of discrimination. The Court has examined this Decree and finds that it is reasonable and just and in accordance with the Federal Rules of Civil Procedure and the ADA. Therefore, upon due consideration of the record herein and being fully advised in the premises, it is ORDERED, ADJUDGED AND DECREED:
1. This Decree resolves all issues and claims alleged in the Complaint filed by the Commission in this ADA action which emanated from the Charge of Discrimination filed by Robert Berchini.
2. This Decree shall be in effect for a period of three years from the date it is entered by the Court. If Defendants have failed to meet the established terms at the end of three years, the duration of the decree may be extended.
3. Defendants, their officers, agents, servants, employees and all persons acting or claiming to act in their behalf and interest hereby are enjoined from unlawfully discharging and otherwise denying employment opportunities to individuals with Hepatitis C, and violating the provisions of Title I of the ADA, including the following provision:
No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to ... the hiring ... or discharge of employees. 42 U.S.C. § 12112(a). Defendants, their officers, agents, servants, employees and all persons acting or claiming to act in their behalf and interest hereby are further enjoined from retaliating against any employee or former employee for challenging Defendants' employment practices under the ADA, as set forth in the following provision: No person shall discriminate against any individual because such individual has
2

opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter. 42 U.S.c. § 12203(a). The injunction is intended to survive the life of the consent decree. 4. In full settlement of damages alleged by the Commission in this case, Defendants will pay Robert Berchini $30,000, in six installments of $5,000, minus all lawful deductions and withholdings. Within ten days after entry of this Consent Decree, Defendants will pay Robert Berchini the first installment of $5,000, minus all lawful deductions and withholdings. The second payment will be made within 40 days of the entry of this Consent Decree. The third payment will be made within 70 days of the entry of this Consent Decree. The fourth payment will be made within 100 days of the entry of this Consent Decree. The fifth payment will be made within 130 days of the entry of this Consent Decree. The sixth payment will be made within 160 days of the entry of this Consent Decree. Contemporaneously with making each payment to Mr. Berchini, Defendants will also send a copy of the check to Trial Attorney Maria Morocco at the following address: EEOC Baltimore District Office, 10 S. Howard Street, 3rd Floor, Baltimore, Maryland 21201. Defendants will issue an I.R.S. 1099 form to Mr. Berchini for the 2004 tax year. 5. Upon approval of this Decree, Defendants will post immediately in all places where notices to employees customarily are posted at its Baltimore, Maryland, facility, the Notice attached hereto and made a part hereof. Said Notice shall be posted and maintained until the expiration date of this decree and shall be signed by a responsible official of Defendants with the date of actual posting shown thereon. Should the Notice become defaced, marred, or otherwise made unreadable, Defendants will ensure that new readable copies of the Notice are
3

posted in the same manner as heretofore specified. Within 30 days of the entry of this Decree,

Defendants shall forward to Trial Attorney Maria Morocco, at the address contained in the

preceding paragraph, a copy of the signed Notice attached hereto and written certification that the

Notice referenced herein has been posted and a statement of the location(s) and date of posting.

6. Within 30 days of the entry of this order, all persons with managerial authority for

the Baltimore facility, including but not limited to the Manager, the President, and the Secretary-

Treasurer, and all persons who provide human resources services to the Baltimore facility, shall

read the EEOC publication entitled "The Americans with Disabilities Act: A Primer for Small

Business," which is available on the EEOC's website, www.eeoc.gov. Within 45 days of the

entry of this order, Defendants shall forward to Trial Attorney Maria Morocco, at the address

contained in paragraph 4, written certification stating that the Primer has been read in its entirety

by the persons identified above. The certification shall be signed by each person who read the

primer, with their names and titles typed under each signature.

7.

The Commission and Defendants 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 DEFENDANTS:

FOR PLAINTIFF:

/s/* George Lane Federal BarNo. 14518 1200 Late Harvest Dr. Gambrills, MD 21054 Attorney for Defendants

- - - - - -/s/* - - - - - - - - - - - Gerald S. Kiel Regional Attorney

4

North America Aviation Services BA, Inc., and North America Aviation Services, Inc.

____/s/*_ _ _ _ __ Debra M. Lawrence Supervisory Trial Attorney

--~Is/*- - - - - - - Maria Luisa Morocco Trial Attorney Federal Bar No. 24357

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Baltimore District Office 10 S. Howard Street, 3d Floor Baltimore, Maryland 21201 (410) 962-4260_ _ _ __ (410) 962-4270 (fax)

*Signed copy of the consent decree bearing the signatures of George Lane, Gerald S. Kiel, Debra M. Lawrence, and Maria Luisa Morocco is being maintained at the EEOC Baltimore District Office by Maria Luisa Morocco.

SO ORDERED AND DISMISSED WITH PREJUDICE.

::2 ~/71 /t4 ~

Signed and entered this _ day of/!t111 .

,2004.

5

NOTICE TO EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND NORTH AMERICA AVIATION SERVICES BA, INC., AND NORTH AMERICA AVIATION SERVICES, INC.
Under Section 102 of Title I of the Americans with Disabilities Act ("ADA"),
No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.
42 U.S.C. § 12112(a).
Under Section 503(a) of Title V of the ADA,
No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.
WE WILL NOT engage in any acts or practices made unlawful by the above sections.
WE WILL NOT discriminate or retaliate in any manner against any person because of opposition to any practice declared unlawful under Title I of the ADA or because of the filing ofa charge, the giving of testimony or assistance, or the participation in any investigation, proceeding, or hearing under the statute.
Any employee who believes that he or she has suffered discrimination or retaliation in violation of the provisions noted above should immediately contact President Edward A. Silva, telephone number (718) 323-3978, ext. 103; fax number (718) 323-4023; and mailing address, North America Aviation Services, Inc., 117-01 127th St., South Ozone Park, NY, 11420, so that the company can perform a thorough and impartial investigation and make a good-faith effort to resolve the problem.

Dated: - - - -

North America Aviation Services BA, Inc. North America Aviation Services, Inc.
By: ____________________ Edward A. Silva President

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

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?741918730261827-L_3...

U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:03-cv-02289-BEL

CLOSED

Equal Employment Opportunity Commission v. North America Aviation Services BA, Inc. et al Assigned to: Chief Judge Benson Everett Legg Cause: 42:2003 Job Discrimination

Date Filed: 08/06/2003 Date Terminated: 03/29/2004 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Maria Luisa Morocco US Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14102092730 Fax: 14109624270 Email: maria.morocco@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

Gwendolyn Young Reams U S Equal Employment Opportunity Commission

1 of 4

5/23/2007 12:02 PM

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

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?741918730261827-L_3...

V. Defendant North America Aviation Services BA, Inc. doing business as NAAS
Defendant North America Aviation Services, Inc. doing business as NAAS

City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624260 Fax: 14109622817
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 ATTORNEY TO BE NOTICED
represented by George Joseph Lane Law Office of George J Lane 1200 Late Harvest Dr Gambrills, MD 21054 14104511351 Fax: 14104511351 Email: laneattny@msn.com ATTORNEY TO BE NOTICED
represented by George Joseph Lane (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/06/2003 08/07/2003
09/17/2003

#

Docket Text

1 COMPLAINT against North America Aviation Services BA, Inc., North America Aviation Services, Inc. , filed by Equal Employment Opportunity Commission.(nrm, Deputy Clerk) (Entered: 08/07/2003)
2 REQUEST FOR WAIVER of Service sent to North America Aviation Services BA, Inc. and North America Aviation Services, Inc. on 08/07/03 by Equal Employment Opportunity Commission. (nrm, Deputy Clerk) (Entered: 08/07/2003)
3 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. North America Aviation Services BA, Inc. waiver sent on

2 of 4

5/23/2007 12:02 PM

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

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?741918730261827-L_3...

10/17/2003
10/20/2003 10/20/2003 10/21/2003 10/28/2003 10/30/2003 11/05/2003 11/07/2003
11/21/2003
11/21/2003 11/21/2003
12/01/2003 12/15/2003 12/22/2003

8/12/2003, answer due 10/13/2003; North America Aviation Services, Inc. waiver sent on 8/12/2003, answer due 10/13/2003. (Morocco, Maria) (Entered: 09/17/2003)
4 ANSWER to Complaint by defendant North America Aviation Services BA, Inc..(Morocco, Maria filed on behalf of defendant's attorney) Modified on 10/17/2003 (eg, Deputy Clerk). Modified on 10/21/2003 (eg, Deputy Clerk).(DOCUMENT FILED IN ERROR) (Entered: 10/17/2003)
5 Correspondence re: line requesting removal of answer from docket (Attachments: # 1)(Morocco, Maria) (Entered: 10/20/2003)
6 SCHEDULING ORDER:. Signed by Judge Benson E Legg on 10/20/03. (eg, Deputy Clerk) (Entered: 10/21/2003)
DOCUMENT #4 has been reset, and the docket text has been "MODIFIED" to indicate that it was FILED IN ERROR. (eg, Deputy Clerk) (Entered: 10/21/2003)
7 ORDER DIRECTING that on or before 11/4/03, Mr. Yerrakadu shall file an answer, as therein set forth. Signed by Judge Benson E Legg on 10/27/03. (c/m)(eg, Deputy Clerk) (Entered: 10/28/2003)
8 MOTION to Stay Scheduling Order by Equal Employment Opportunity Commission. Responses due by 11/17/2003 (Attachments: # 1 # 2)(Morocco, Maria) (Entered: 10/30/2003)
9 ORDER granting 8 Motion to Stay Scheduling Order. Signed by Judge Benson E Legg on 11/4/03. (eg, Deputy Clerk) (Entered: 11/05/2003)
10 ORDER DIRECTING that on or before 11/21/03 defendants shall retain an attorney and file an answer, as therein set forth. Signed by Judge Benson E Legg on 11/7/03. (c/m 11/7/03 Chambers) (eg, Deputy Clerk) Modified on 11/7/2003 (eg, Deputy Clerk). (Entered: 11/07/2003)
11 MOTION for Leave to Appear Counsel for defendants filed by George Lane, esquire,for and by North America Aviation Services BA, Inc.. Responses due by 12/8/2003 (Lane, George) Modified on 12/1/2003 (eg, Deputy Clerk). (FILED IN ERROR) (Entered: 11/21/2003)
12 ANSWER to Complaint with Jury Demand by North America Aviation Services BA, Inc..(Lane, George) (Entered: 11/21/2003)
13 ENTRY of Appearance by George Joseph Lane on behalf of North America Aviation Services BA, Inc., North America Aviation Services, Inc. (eg, Deputy Clerk) Additional attachment(s) added on 12/1/2003 (eg, Deputy Clerk). (Entered: 12/01/2003)
14 REVISED SCHEDULING ORDER:. Signed by Judge Benson E Legg on 12/1/03. (eg, Deputy Clerk) (Entered: 12/01/2003)
15 STATUS REPORT by Equal Employment Opportunity Commission. (Morocco, Maria) (Entered: 12/15/2003)
16 ORDER AUTHORIZING 20 depositions hours, as therein set forth. Signed by Judge Benson E Legg on 12/19/03. (eg, Deputy Clerk) (Entered: 12/22/2003)

3 of 4

5/23/2007 12:02 PM

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

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?741918730261827-L_3...

03/19/2004 03/29/2004

17 SETTLEMENT AGREEMENT consent decree by Equal Employment Opportunity Commission. (Attachments: # 1)(Morocco, Maria) (Entered: 03/19/2004)
18 CONSENT DECREE and APPROVAL. Signed by Judge Benson E Legg on 3/29/04. (c/m)(eg, Deputy Clerk) (Entered: 03/29/2004)

PACER Service Center

Transaction Receipt

05/23/2007 13:02:48

PACER Login:

hs0328

Client Code:

Description:

Docket Report

Search Criteria:

Billable Pages: 2

Cost:

eeoc 1:03-cv-02289-BEL 0.16

4 of 4

5/23/2007 12:02 PM