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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. EAGLE NATIONAL BANK,
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 sex and race, and

to provide appropriate relief to Kia N. Williams who was adversely affected by such practices.

Specifically, and as alleged with greater particularity in paragraphs 7-13 below, Defendant Employer

Eagle National Bank discriminated against Ms. Williams based on her sex (female) and race (black)

in violation of Title VII, when it subjected her to sexual and racial harassment. Moreover, Defendant

failed to promote her to the position of Director of Operations because of her race (black).

Defendant’s harassment of Ms. Williams, and its failure to promote her despite her qualifications,

caused her to suffer damages and resulted in her constructive discharge, in violation of Title VII of

the Civil Rights Act of 1964, as amended.

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 Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5 (f)(1) and (3), and

Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A. 2. The employment practices alleged to be unlawful were 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 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 Employer Eagle National Bank, a national commercial bank, has continuously been a corporation doing business in the State of Pennsylvania, in the County of Delaware, and has continuously had at least fifteen employees.
5. At all relevant times, Defendant Employer Eagle National Bank has continuously engaged in an industry affecting commerce within the meaning of Section 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, Kia N. Williams, the Charging Party, filed an individual charge of discrimination with the Commission alleging violations of Title VII by Defendant Employer Eagle National Bank. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least November, 1997, Defendant Eagle National Bank engaged in unlawful employment practices at its Upper Darby, Pennsylvania facility, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1), by subjecting Kia N. Williams to unlawful sexual
2

and racial harassment, as set forth below: a. Kia N. Williams was hired by Defendant Employer Eagle National Bank on
November 3, 1997, as a Lead Underwriter. b. On March 9, 1998, Ms. Williams was promoted to the Operations Manager
position. In that position, she reported to Defendant’s three Directors of Sales and Operations, Daniel K. Maier, Matthew Prantzer, and Joseph Cudwadie.
c. Ms. Williams had a distinguished job performance record while employed by Defendant Eagle National Bank.
d. Beginning upon her hire and continuing until her constructive discharge, Ms. William was subjected to sexual harassment which created a sexually hostile work environment.
e. Defendant’s Director of Sales and Operations, Daniel K. Maier, subjected Ms.Williams to sexually offensive comments including: (1) openly addressing Ms. Williams as “what’s up Ho” or “Hey, Ho” on numerous occasions, sometimes several times in a day1; (2) regularly making suggestive comments about Ms. Williams’ small breast size or her buttocks, such as telling her that her “stomach sticks out more than her breasts”, “you need a sign that says ‘wide load coming through”; “if Kia took her clothes off, her breasts will look like two little chocolate chip cookies”; and, regularly asking Ms. Williams questions about her sex life, such as “ Did you sleep with him?”, and “Did he throw your legs behind your head and twist you like a pretzel?”
f. In addition, Maier also regularly engaged in other sexually offensive conduct, such as asking Ms. Williams whether she wanted a “pearl necklace”, referring to placing male
1The term “ho” is a slang term for the word “whore.”
3

ejaculate around her neck; tossing a pen/pencil at Ms. Williams’ feet and then attempting to look under her dress; and, regularly placing his hands on Ms. Williams’s shoulders and running his fingers through her hair.
g. Furthermore, Maier subjected Ms. Williams to racial harassment, when he regularly made racially offensive remarks to her, such as referring to black children as “monkeys”; referring to her and black female customers as “Sha Nay Nay” or “Shaniqua”; referring to areas in Philadelphia with a concentration of Blacks as “the jungle”; referring to stereotypical scenes concerning Blacks as they were portrayed in TV shows with black characters, as if they applied or held true to all Black individuals; and, openly discussing scenes from pornographic movies depicting Blacks involved in group sex.
8. Beginning in 1998, Ms. Williams began to make complaints about Mr. Maier’s sexually and racially offensive language to her immediate supervisor, Matthew Pratzner, one of Defendant’s three Director of Sales and Operations2. Although, Mr. Prantzer acknowledged being aware of the offensive conduct, he failed to take any corrective action against Mr. Maier or to report such conduct to other Defendant officials.
9. In November, 2000, Ms. Williams made her last complaint about Mr. Maier’s offensive and unlawful conduct, when she complained to Defendant’s Controller, Thomas Kenvin. However, he also failed to take any corrective action, advising Ms. Williams to first confront Maier.
10. Mr. Maier’s sexuallyand racially offensive conduct was regular and/or pervasive, and created a sexually and racially hostile work environment, which detrimentally affected Ms. Williams.
2Mr. Pratzner’s position title was later changed to that of Director of Operations.
4

Because Defendant failed to stop the harassment, Ms. Williams was forced to resign on November 15, 2000.
11. In addition to the above, in or about November, 2000, Defendant Eagle National Bank further engaged in unlawful employment practices, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1), by failing to promote Ms. Williams to the position of Director of Operations based on her race (Black), despite her expressed interest to be considered for the position and her strong qualifications as follows:
a. On November 10, 2000, Matthew Pratzner (White), Ms. Williams’ immediate supervisor, vacated the Director of Operations position.
b. Upon learning of Mr. Prantzer’s resignation from his position as a Director of Operations, Ms. Williams expressed an interest in the director position to Daniel Maier, one of the recommending officials.
c. As an Operations Manager, and while reporting to Mr. Prantzer, Ms. Williams performed a substantial amount of the duties assigned to the Director of Operations position.
d. Without notice to Ms. Williams, and without posting a job announcement for the vacancy, which was inconsistent with Defendant’s practice, Defendant denied Ms. Williams any consideration for the position and instead, hired an external White candidate, Denise Zaporowski.
e. Ms. Williams’ credentials in the mortgage industry are similar, if not equal to, those held by Ms. Zaporowski. They both have comparable processing, underwriting, and operations management experience.
f. After Defendant failed to consider or promote Ms. Williams to the Director 5

of Operations position, it required and expected her to train Ms. Zaporowski, the selectee, for the position upon her hire.
g. Since its incorporation, Defendant has not had a Black individual employed in a position in upper management.
h. Defendant failed to promote Ms. Williams’ to the Director of Operations position because of her race (Black).
12. While employed with Defendant, Ms. Williams was subjected to egregious sexual and racial harassment over the course of a three year period, despite her requests for remedial action; she was callously overlooked for the promotion to the Director of Operations position, despite having had successfully performed a substantial amount of the duties of that very job for more than two years; and, she was directed by Defendant to train the external white applicant who was hired over her for the promotion she should have been given. As a result, Ms. Williams reasonably perceived her work environment as intolerable, and felt compelled to resign from her employment. She was constructively discharged on November 15, 2000.
13. Defendant, through the Director of Operations and its Controller, had actual and/or constructive knowledge of the unlawful employment practices and misconduct described above.
14. The effect of the practices complained of in paragraphs 7-13 above has been to deprive Ms. Williams of equal employment opportunities and otherwise adversely affect her status as an employee on the basis of her sex (female) and race (Black).
15. The unlawful employment practices complained of above were intentional. 16. The unlawful employment practices complained of above were and are done
6

with malice and/or reckless indifference to the federally protected rights of Ms. Williams. PRAYER FOR RELIEF
WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in discriminatory practices based on sex and/or race and causing employees to be constructively discharged. B. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns and all persons in active concert or participation with them, from engaging in other employment practices which discriminates against employees on the basis of sex and/or race. C. Order Defendants to institute and carry out policies, practices and programs which provide equal employment opportunities for employees on the basis of sex and/or race, and which eradicate the effects of its past and present unlawful employment practices. D. Order Defendants to make whole Ms. Williams by providing appropriate back 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, including but not limited to rightful-place reinstatement, or in lieu thereof, front pay. E. Order Defendants to make whole Ms. Williams by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7-13 above, in amounts to be determined at trial. G. Order Defendants to make whole Ms. Williams by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of above, including embarrassment, humiliation, stress, emotional pain, suffering, inconvenience, and loss of
7

enjoyment of life.
H. Order Defendants to pay Ms. Williams punitive damages for its malicious
and/or reckless conduct, in an amount to be determined at trial.
I. Grant such further relief as the Court deems necessary and proper in the public
interest.
J. Award the Commission its costs in this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted,
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Washington, DC 20507
JACQUELINE H. McNAIR Regional Attorney
JUDITH O’BOYLE Supervisory Trial Attorney
IRIS SANTIAGO-FLORES Trial Attorney PA. No. 60171
Equal Employment Opportunity Commission Philadelphia District Office 21 South Fifth Street, Suite 400 Philadelphia, PA 19106 (215) 440-2684 (215) 440-2828
8

 
 United States District Court Eastern District of Pennsylvania - Docket R... https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?975646430474319-L_3...
CLOSED, STANDARD
United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:02-cv-03862-TJS

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. EAGLE NATIONAL BANK Assigned to: HONORABLE TIMOTHY J. SAVAGE Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 06/20/2002 Date Terminated: 03/25/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by IRIS SANTIAGO-FLORES EQUAL EMPLOYMENT OPPORTUNITY COM PHILA DISTRICT OFFICE 21 S. 5TH ST., STE 400 PHILADELPHIA, PA 19106 215-440-2684 Email: iris.santiago-flores@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

Intervenor Plaintiff KIA WILLIAMS

represented by TSHAKA LAFAYETTE LAFAYETTE LAW GROUP, PC

1 of 5

6/1/2007 11:18 AM

United States District Court Eastern District of Pennsylvania - Docket R... https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?975646430474319-L_3...

V. Defendant EAGLE NATIONAL BANK

333 E. CITY AVENUE SUITE 300 BALA CYNWYD, PA 19004-1512 610-660-7822 Fax: 877-717-1015 Email: tshaka@lafayettelawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by COLLEEN J. MARSINI 101 N. PROVIDENCE ROAD WALLINGFORD, PA 19086 610-892-9111 Email: cmarsini@minsec.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/20/2002 06/20/2002 06/20/2002 06/26/2002
06/28/2002

#

Docket Text

1 COMPLAINT against EAGLE NATIONAL BANK [dft] , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION [pla].(ti, ) Additional attachment(s) added on 10/17/2002 (ldb, ). (Entered: 06/20/2002)
Summons Issued as to EAGLE NATIONAL BANK [dft], One given to Counsel 6/20/02. (ti, ) (Entered: 06/20/2002)
DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION [pla]. (ti, ) (Entered: 06/20/2002)
2 ORDER THAT THIS CASE IS ASSIGNED TO THE HONORABLE M. FAITH ANGELL, U.S. MAGISTRATE JUDGE, FOR PRETRIAL MANAGEMENT PURPOSES, INCLUDING BUT NOT LIMITED TO: THE UTILIZATION OF FED.R.CIV.P. 16 MANAGEMENT PROCEDURES, THE RESOLUTION OF ALL DISCOVERY DISPUTES AND REQUESTS FOR SANCTIONS, ISSUANCE OF THE PRETRIAL MANAGEMENT ORDERS, AMENDMENTS TO PLEADINGS AND JOINDER OF PARTIES, THE CONDUCT OF SETTLEMENT CONFERENCES AS NECESSARY, AND THE SEEKING THE CONSENT OF THE PARTIES FOR FINAL RESOLUTION OF THE CASE BY FINAL JUDGMENT BY THE MAGISTRATE JUDGE, ETC.SIGNED BY JUDGE LOWELL A. REED JR. ON 6/26/02. 6/26/02 ENTERED AND COPIES MAILED.(cdd, ) (Entered: 06/26/2002)
3 ORDER THAT A PRETRIAL CONFERENCE WILL BE HELD ON 8/12/2002 AT 11:20 AM BEFORE THE HONORABLE M. FAITH ANGELL, U.S. MAGISTRATE JUDGE, IN JUDGE'S CHAMBERS, ROOM 3030,

2 of 5

6/1/2007 11:18 AM

United States District Court Eastern District of Pennsylvania - Docket R... https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?975646430474319-L_3...

07/05/2002
07/10/2002 07/19/2002 07/24/2002 08/14/2002
08/14/2002 08/14/2002 09/04/2002
09/18/2002

ETC.SIGNED BY JUDGE M. FAITH ANGELL ON 6/28/02. 6/28/02 ENTERED AND COPIES FAXED BY CHAMBERS ON 6/27/02.(cdd, ) (Entered: 06/28/2002)
4 CERTIFICATE OF SERVICE by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION [pla] that they sent via U.S. MAIL, POSTAGE PREPAID, A TRUE AND CORRECT COPY OF THE FOREGOING LETTER WITH COPIES OF THE COURT'S SCHEDULING AND DISCOVERY POLICY, NOTICE TO COUNSEL-COMMUNICATION WITH COURT AND STAFF, AND ORDER ASSIGNING CASE TO MAGISTRATE JUDGE TO: MURRAY GORSON AND COLLEEN MARSINI. (jl, ) (Entered: 07/08/2002)
5 AFFIDAVIT of Service of Gerald Taylor, Process Server for Summons and Complaint served on Colleen McDougall Marsini, Esq. on 7/3/02 , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION [pla]. (cdd, ) (Entered: 07/11/2002)
6 SUMMONS Returned Executed by Gerald Taylor, Process Server on behalf of EQUAL EMPLOYMENT OPPORTUNITY COMMISSION [pla]. EAGLE NATIONAL BANK [dft] served Summons and Complaint by personal service on 7/3/2002, answer due 7/23/2002. (cdd, ) (Entered: 07/22/2002)
7 MOTION FILED BY KIA WILLIAMS [mov] TO INTERVENE AS A MATTER OF RIGHT PURSUANT TO FED.R.CIV.P 24(a), CERTIFICATE OF SERVICE. (cdd, ) Modified on 10/3/2002 (cdd, ). (Entered: 07/25/2002)
8 ORDER THAT THE RULE 16 INITIAL PRETRIAL CONFERENCE IN THE ABOVE-CAPTIONED MATTER IS RESCHEDULED TO 9/18/02 AT 10:40 AM, AND WILL BE HELD IN ROOM 3030, 3RD FLOOR, U.S. COURTHOUSE, 601 MARKET STREET, PHILADELPHIA, PA 19106. (SIGNED BY JUDGE M. FAITH ANGELL ON 8/13/02.) 8/15/02 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 8/14/02.(fh) (Entered: 08/15/2002)
9 ANSWER with Affirmative Defenses to Complaint by EAGLE NATIONAL BANK [dft], Certificate of Service.(ke, ) (Entered: 08/15/2002)
Issue Joined. (ke, ) (Entered: 08/15/2002)
10 ORDER THAT THE ABOVE-CAPTIONED CASE IS REASSIGNED FROM THE CALENDAR OF THE HON. LOWELL A. REED, JR. TO THE CALENDAR OF THE HON. TIMOTHY J. SAVAGE. SIGNED BY CLERK OF COURT MICHAEL E. KUNZ ON 9/4/02. 9/5/02 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) Modified on 9/5/2002 (cdd, ). (Entered: 09/05/2002)
11 SCHEDULING ORDER THAT THE PARTIES ARE TO WORK TOGETHER TO COMPLETE ALL FACT BASED DISCOVERY, APART FROM EXPERT DISCOVERY, ETC. NO LATER THAN 1/16/03; A TELEPHONE STATUS CONFERENCE WILL BE HELD ON 1/17/03 AT 10:00 A.M., ETC. SIGNED BY JUDGE M. FAITH ANGELL ON 9/18/02. 9/19/02 ENTERED AND COPIES FAXED BY CHAMBERS ON 9/18/02.(cdd, ) (Entered: 09/19/2002)

3 of 5

6/1/2007 11:18 AM

United States District Court Eastern District of Pennsylvania - Docket R... https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?975646430474319-L_3...

10/03/2002
10/03/2002 10/03/2002 11/14/2002 12/12/2002 03/19/2003 03/25/2003
03/25/2003
03/25/2003

12 ORDER THAT UPON CONSIDERATION OF INTERVENOR'S MOTION TO INTERVENE IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED AND KIA WILLIAMS IS HEREBY ALLOWED TO INTERVENE AS PARTY-PLAINTIFF. IT IS FURTHER ORDERED THAT THE ABOVE-CAPTIONED ACTION WILL BE RE-CAPTIONED KIA WILLIAMS AND EQUAL EMPLOYMENT OPPORTUNITY COMMISSION VS. EAGLE NATIONAL BANK.SIGNED BY JUDGE TIMOTHY J. SAVAGE ON 10/3/02.10/3/02 ENTERED AND COPIES MAILED AND FAXED. (cdd, ) (Entered: 10/03/2002)
13 Intervenor COMPLAINT filed by KIA WILLIAMS against EAGLE NATIONAL BANK; jury demand.(cdd, ) (Entered: 10/03/2002)
Summons Issued on INTERVENOR COMPLAINT as to EAGLE NATIONAL BANK Forwarded To: counsel on 10/3/02. (cdd, ) (Entered: 10/03/2002)
14 ANSWER to Intervenor Complaint by EAGLE NATIONAL BANK, Certificate of Service.(MARSINI, COLLEEN) Modified on 11/15/2002 (np). (Entered: 11/14/2002)
15 ORDER THAT A SETTLEMENT CONFERENCE WILL BE HELD ON 12/16/02 AT 2:00 IN ROOM 3030, ETC.. SIGNED BY JUDGE M. FAITH ANGELL ON 12/12/02. 12/13/02 ENTERED AND COPIES FAXED BY CHAMBERS ON 12/12/02.(rv, ) (Entered: 12/13/2002)
Issue Joined. (cdd, ) (Entered: 03/19/2003)
16 STIPULATION AND ORDER THAT PLAINTIFF, EQUAL EMPLOYEMENT OPPORTUNITY COMMISSION AND DEFENDANT, EAGLE NATIONAL BANK HEREBY AGREE TO DISMISS CIVIL ACTION NO. 02-CV-3862 WITH PREJUDICE, EACH PARTY TO BEAR ITS OWN COSTS AND ATTORNEYS' FEES, ETC.SIGNED BY JUDGE M. FAITH ANGELL ON 3/25/03. 3/25/03 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 3/24/03.(cdd, ) (Entered: 03/25/2003)
17 CONSENT DECREE AND ORDER THAT THIS CONSENT DECREE SHALL FULLY AND FINALLY RESOLVE ALL CLAIMS WHICH WERE RAISED BY THE EEOC IN ITS COMPLAINT IN CIVIL ACTION NO. 02-CV-3862. EACH PARTY SHALL BEAR ITS OWN COSTS AND ATTORNEY FEES.SIGNED BY JUDGE M. FAITH ANGELL ON 3/25/03. 3/25/03 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 3/24/03.(cdd, ) (Entered: 03/25/2003)
***Civil Case Terminated. (kv, ) (Entered: 03/26/2003)

4 of 5

PACER Login:

PACER Service Center
Transaction Receipt
06/01/2007 12:20:45

hs0328

Client Code: eeoc

6/1/2007 11:18 AM

United States District Court Eastern District of Pennsylvania - Docket R... https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?975646430474319-L_3...

Description:

Docket Report

Billable Pages: 2

Search Criteria:
Cost:

2:02-cv-03862-TJS 0.16

5 of 5

6/1/2007 11:18 AM