UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
SOUTHERN DIVISION

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

10 S. Howard Street

)

3rd Floor

)

Baltimore, Maryland 21201

)

)

Plaintiff,

)

)

v.

)

)

)

MANTECH MSM SECURITY SERVICES,)

INC.

)

)

7337 Hanover Parkway

)

Greenbelt, MD 20770

)

)

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 (“Title VII”) and Title I

of the Civil Rights Act of 1991 to correct actions undertaken by Defendant Mantech MSM

Security Services, Inc., (“Defendant”) to retaliate against John Watkins, who was adversely

affected by Defendant’s “Settlement Agreement and General Release” (the “Release”) because

of his right to file a charge with the EEOC and to participate in EEOC investigations and

proceedings. The language in Defendant’s Release requiring a releaser to give up his right to file

a charge, and/or to participate in EEOC investigations and proceedings, constitutes a per se

violation of Section 704(a) of Title VII.

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 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5(f)(1) and (3) ("Title VII") 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 District of Maryland, Southern Division.
PARTIES 3. Plaintiff, the U.S. Equal Employment Opportunity Commission (“the EEOC” or "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., Section 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Mantech MSM Security Services, Inc., has continuously been a Maryland corporation doing business in the State of Maryland, and the cities of Greenbelt and Lanham, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant Mantech MSM Security Services, Inc., has continuously been an employer engaged in an industry affecting commerce under Section 701(b), (g) and (h) of Title VII, 42 U.S.C. Sections 2000e(b), (g) and (h).
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STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, John Watkins filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least August, 2004, Defendant Mantech MSM Security Services, Inc., has engaged in unlawful employment practices in violation of Section 704(a) Title VII, 42 U.S.C. Section 2000e-3(a). These practices include retaliating against John Watkins, who was adversely affected by its “Settlement Agreement and General Release” because of his rights to file a charge with the EEOC and to participate in EEOC investigations and proceedings. 8. The effect of the practices complained of in paragraph 7 above has been to deprive John Watkins of equal employment opportunities and otherwise adversely affect his status because of his right to file a charge with the EEOC, and to participate in EEOC investigations and proceedings. 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 done with malice or with reckless indifference to the federally protected rights of John Watkins.
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 the institution, maintenance and/or management of the “Settlement Agreement and General
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Release” presented to John Watkins in approximately August 2004, or any other similar plan, which retaliates because of an employee’s right to file a charge with the EEOC or to participate in an EEOC investigation or proceeding.
B. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from retaliating because of an employee’s or former employee’s right to file a charge with the EEOC or to participate in an EEOC investigation or proceeding.
C. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for employees who wish to file charges with the EEOC or participate in an EEOC investigation or proceeding, and which eradicate the effects of its past and present unlawful employment practices.
D. Order Defendant Employer to make whole John Watkins by providing affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to 1) reforming the “Settlement Agreement and General Release” presented to John Watkins in approximately August 2004 to expressly permit employees and former employees to file charges with the EEOC and to participate in EEOC investigations and proceedings without violating the Agreement or incurring any kind of monetary penalty; 2) presenting the reformed agreement to Mr. Watkins; and 3) paying interest upon the settlement amount paid to Mr. Watkins pursuant to the reformed agreement.
E. Order Defendant Employer to make whole John Watkins by providing compensation for pecuniary losses, in amounts to be proven at trial.
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F. Order Defendant Employer to make whole John Watkins by providing

compensation for non-pecuniary losses, including emotional pain, suffering, mental anguish,

embarrassment, and isolation, in amounts to be proven at trial.

G. Pay John Watkins punitive damages for its malicious and reckless conduct

described in paragraph 7 above, in amounts to be determined at trial.

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

interest.

H. Award the Commission its costs in this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised in the Complaint.

Respectf

ully submitted,

JAMES Deputy

L. LEE General Counsel

GW Associate

ENDOLYN YOUNG REAMS General Counsel

GERALD S. KIEL Regional Attorney

________/s/_____________ DEBRA M. LAWRENCE Supervisory Trial Attorney

(410)

________/s/______________ MARIA LUISA MOROCCO Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 10 S. Howard Street, 3rd Floor Baltimore, Maryland 21201
962-4349

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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND SOUTHERN DIVISION

)

U.S. EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

v.

)

)

MANTECH MSM SECURITY

)

SERVICES, INC.

)

)

)

)

Defendant.

)

Civil No. 8:05-CV-02708-AW

CONSENT DECREE

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

Commission (“the EEOC” or “the Commission”), against Defendant ManTech MSM Security

Services, Inc., (“Defendant”) alleging that the “Settlement Agreement and General Release,”

given by Defendant to former employee John Watkins violated the anti-retaliation provision of

Title VII of the Civil Rights Act of 1964 (“Title VII”), as amended.

The Commission and Defendant desire to resolve the issues in this lawsuit 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 laws enforced by the Commission.

This Decree shall not constitute an 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

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 Title VII. Therefore, upon due
1-WA/2609812.1

consideration of the record herein and being fully advised in the premises, it is ORDERED,
ADJUDGED AND DECREED:
1. This Decree shall be in effect for a period of one year from the date it is entered
by the Court.
2. Defendant, its officers, agents, servants, employees, successors, assigns, and all
persons acting or claiming to act on its behalf, is hereby enjoined from retaliating against any
employee who files a Charge of Discrimination with the Commission, as set forth in the
following provisions:
It shall be an unlawful employment practice for an employer to discriminate against any of his employees ... because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.
42 U.S.C. § 2000e-3(a) of Title VII of the Civil Rights Act of 1964.
3. All releases sought by ManTech MSM Security Services, Inc., in conjunction
with an employee’s separation of employment, or with an employee’s or former employee’s
settlement of employment discrimination claims, shall include the following language in a
separately numbered paragraph:
Excluded from this release are claims that cannot be waived as a matter of law, including an employee’s or former employee’s (“the signor’s”) right to file an administrative charge with any state or federal agency, including the U.S. Equal Employment Opportunity Commission (“the EEOC”). Moreover, this agreement does not (i) prohibit or restrict the signor from communicating with, providing relevant information to,or otherwise cooperating with the EEOC or any other governmental authority with responsibility for the administration of fair employment practices laws regarding a possible violation of such laws or responding to any inquiry from such authority, including an inquiry about the existence of this Agreement or its underlying facts; (ii) require the signor to notify ManTech MSM Security Technologies, Inc., of such communication or inquiry, or (iii) preclude the signor from benefiting from injunctive or affirmative relief awarded in any fair employment practices case brought by any governmental agency, provided that such relief does not result in the signor receiving any
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additional monetary benefit, or the substantial equivalent thereof, for the claims released by this agreement between the signor and ManTech MSM Security Services, Inc. 4. During the life of this decree, Defendant will participate in the following monitoring by the EEOC: Within fourteen days after execution by Defendant and its employee or former employee, Defendant will send to the EEOC attorney of record in the Baltimore Field Office a copy of any release releasing claims in conjunction with an employee’s separation of employment, or with an employee’s or former employee’s settlement of employment 5. Within thirty days after entry of this Decree, Defendant will pay John Watkins $6,668, representing the amount Defendant offered to Mr. Watkins as consideration for the execution of its “Settlement Agreement and General Release,” and $889.00 in interest. Defendant will issue to Mr. Watkins an IRS form 1099 for the 2006 tax year. 6. The Commission and Defendant shall bear their own costs and attorneys' fees. 7. The claims contained in the EEOC’s complaint are hereby dismissed with prejudice, subject to this Court’s jurisdiction to enforce provisions of this Consent Decree.

1-WA/2609812.1

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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/

_________/s/_________________

Christopher A. Weals (Bar No.08411)

Jacqueline McNair

Morgan Lewis & Bockius LLP

Regional Attorney

1111 Pennsylvania Ave., NW

(signed by Maria Morocco with

Washington, DC 20004

permission of Jacqueline McNair)

202.739.5350 (voice)

____________/s/___________

202.739.3001 (fax)

Debra

M. Lawrence

(signed by Maria Morocco

Supervisory

Trial Attorney

with permission of Christopher Weals)

(signed by Maria Morocco with permission

of Debra Lawrence)

.

Maria

Bar

U.S

Baltim 10

Phone:

____________/s/___________ Luisa Morocco
Senior Trial Attorney No. 24357
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
ore District Office S. Howard Street, 3d Floor Baltimore, Maryland 21201
(410) 962-4260 Fax: (410) 962-4270

SO ORDERED. Signed and entered this

day of

, 2006.

Alexander United

__________________________ Williams, Jr.
States District Court Judge

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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND SOUTHERN DIVISION

U.S. EQUAL EMPLOYMENT OPPORTUNITY *

COMMISSION,

*

*

Plaintiff,

*

*

v.

* Civil Action No. AW-05-2708

*

MANTECH MSM SECURITY SERVICES, INC. *

*

Defendants

*

******************************************************************************

ORDER

Currently pending before the Court is the parties’ request that the Court enter their Consent

Decree [12]. It appears that theparties have reached a settlement agreement. Therefore, IT IS this

21st day of September, 2006, by the United States District Court for the District of Maryland, hereby

ORDERED:

1. That the Consent Decree [12] filed by the parties BE, and hereby IS, ENTERED;

2. That Plaintiff’s Complaint BE, and hereby IS, DISMISSED;

3. That the Clerk of this Court CLOSE this case; AND

4. That the Clerk of the Court mail a copy of this Order to all parties of record.

/s/ Alexander Williams, Jr. United States District Court

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

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?587557827938953-L_3...

U.S. District Court District of Maryland (Greenbelt) CIVIL DOCKET FOR CASE #: 8:05-cv-02708-AW

CLOSED

EEOC v. Mantech MSM Security Services, Inc. Assigned to: Judge Alexander Williams, Jr Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/30/2005 Date Terminated: 09/21/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff EEOC

represented by 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 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

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 ATTORNEY TO BE NOTICED

V.

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

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Defendant Mantech MSM Security Services, Inc.

represented by Christopher A Weals Morgan Lewis and Bockius LLP 1111 Pennsylvania Avenue NW Washington, DC 20004 12027393000 Fax: 12027393001 Email: cweals@morganlewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/30/2005 09/30/2005 09/30/2005 01/26/2006 02/07/2006
02/10/2006 03/13/2006 03/14/2006 03/28/2006 07/12/2006 07/13/2006

#

Docket Text

1 COMPLAINT against Mantech MSM Security Services, Inc. , filed by EEOC. (Attachments: # 1 Civil Cover Sheet)(apl, Deputy Clerk) (Entered: 09/30/2005)
Jury Trial Demand by EEOC. (apl, Deputy Clerk) (Entered: 09/30/2005)
2 Summons Issued 20 days as to Mantech MSM Security Services, Inc.. (apl, Deputy Clerk) (Entered: 09/30/2005)
3 SUMMONS Returned Executed by EEOC. Mantech MSM Security Services, Inc. served on 1/20/2006, answer due 2/9/2006. (Morocco, Maria) (Entered: 01/26/2006)
4 Consent MOTION for Extension of Time to File Response/Reply to Complaint by Mantech MSM Security Services, Inc.. Responses due by 2/24/2006 (Attachments: # 1 Text of Proposed Order Proposed Order)(Weals, Christopher) (Entered: 02/07/2006)
5 PAPERLESS ORDER granting 4Consent Motion for Extension of Time to File Response/Reply to Complaint. Signed by Judge Alexander Williams Jr. on 02/10/06. (gc, Chambers) (Entered: 02/10/2006)
6 ANSWER to Complaint by Mantech MSM Security Services, Inc.. (Attachments: # 1)(Weals, Christopher) (Entered: 03/13/2006)
7 SCHEDULING ORDER: Status Report due by 7/27/2006. Signed by Judge Alexander Williams Jr. on 3/14/2006. (c/m 3/14/06)(elt, Deputy Clerk) (Entered: 03/14/2006)
8 STATUS REPORT by Mantech MSM Security Services, Inc.. (Weals, Christopher) (Entered: 03/28/2006)
9 Consent MOTION for Extension of Time to Complete Discovery by EEOC. Responses due by 7/31/2006 (Attachments: # 1)(Morocco, Maria) (Entered: 07/12/2006)
10 PAPERLESS ORDER "Granting" 9 Motion for Extension of Time to Complete Discovery Signed by Judge Alexander Williams Jr. on 7/13/06 (ajh, Chambers) (Entered: 07/13/2006)

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

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?587557827938953-L_3...

08/10/2006 09/20/2006
09/21/2006

11 Status Report Submitted by EEOC (Morocco, Maria) (Entered: 08/10/2006)
12 SETTLEMENT AGREEMENT (Consent Decree) by EEOC. (Morocco, Maria) (Entered: 09/20/2006)
13 ORDER that the Consent Decree filed by the parties BE, and hereby IS, ENTERED; that Plaintiff's Complaint BE, and hereby IS, DISMISSED; and that the Clerk of this Court CLOSE this case. Signed by Judge Alexander Williams Jr. on 9/21/2006. (elt, Deputy Clerk) (Entered: 09/21/2006)

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