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

EQUAL EMPLOYMENT

1

OPPORTUNITY COMMISSION,

1

Plaintiff,

vs.

)

)

NORTHWEST SAVINGS BANK and )

NORTHWEST BANCORP., INC.,

1

1

Defendants

1

CIVIL ACTION NO.:
COMPLAINT JURY TRIAL DEMANDED

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 that discriminate on the basis of sex and to provide appropriate relief to Elizabeth Strause ("Ms. Strause"), a female, who was adversely affected by such practices. As articulated with greater particularity in paragraphs 7 and 8 below, the Commission allegesthat duringher employment,Ms. Strausewas subjectedto sexual harassment through constant sexually offensive comments, innuendo and inappropriate touching, all of which created a sexually hostile and offensive work environment for her as a female. The Commission alleges that although Ms. Strause objected to and complained to Defendant about such conduct, no effective remedial action was undertakenby Defendantto prevent andlor stopthe sexual harassment. Moreover, the Commission also alleges that because Ms. Strause complained of the sexual harassment, she was retaliated against by being moved to another location and continued to endure a hostile environment. As a result of the sexual harassment and hostile work environment, Ms. Strause was forced to resign from her position and suffered severe emotional distress damages and

economic losses. JURISDICTIOAND VENUE
1. Jurisdiction ofthis Court is invokedpursuant to 28 U.S.C. $8 451,1331,1337,1343 and 1345. This action is authorized and instituted pursuant to 8706(f) (1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 82000e-5(f)(l)and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. 819981 A.
2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States for the Middle District of Pennsylvania.
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)(l) and
9
(3) of Title VII, 42 U.S.C. 5 2000(e)-5(f)(l) and (3).
4. At all relevant times, Defendants Northwest Savings Bank andNorthwest Bancorp., Inc. ("Northwest"), has been and is now doing business in the Commonwealth of Pennsylvania and the City of Myerstown and has continuously had at least 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. $8 2000(e)(b), (g) and (h).
STATEMENOTF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Elizabeth Strause filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled.

7. Since at least September 12, 2005, Defendant Employer has engaged in unlawful employment practices at its Myerstown, Pennsylvania and its Schaefferstown, Pennsylvania facility
in violation of Section 703(a)(l) of Title VII, 42 U.S.C. 5 2000(e)-2(a)(1), by subjecting Ms. Strause
to a sexually hostile and offensive work environment based upon incidents which include, but are not limited to, the following:
(a) Ms. Strause began working for Defendant as a floating teller on or about September 12, 2005 with a "home base" at Defendant's Myerstown, PA location.
(b) Ms. Strause was regularly subjected to a campaign of sexually harassing conduct andlor a hostile work environment created by Defendant's General Manager, Jonathan "J.J." Valerio ("Mr. Valerio"), which consisted of sexually offensive comments, innuendo and inappropriate touching.
(c) Much of Mr. Valerio's sexually harassing conduct included making derogatory comments and offensive jokes about females, restrictive violations of female employees' personal space which created an uncomfortable atmosphere, giving female employees unwelcome back rubs and hugs, routinely placing his hand on female employees' backs, unsolicited tickles and stomach poking and intentionally grabbing Ms. Strause's buttocks.
(d) As a result of Mr. Valerio's repeated sexually harassing behavior, Ms. Strause personally confronted Mr. Valerio about his inappropriate and unwelcome actions, however, Mr. Valerio continued to engage in sexually harassing conduct. In addition, Ms. Strause complained to Defendant's management to report Mr. Valerio's inappropriate conduct. However, no effective remedial action was taken and Mr.Valerio's behavior continued.
(e) Following Ms. Strause's complaints about Mr. Valerio, Mr. Valerio held several meetings wherein he would cry, openly discuss Ms. Strause's complaints against him and threatened suicide. Despite complaints from employees that these meeting created a hostile work environment,

no effective remedial action was taken. 8. Since at least March 31, 2006, Defendant Employer has engaged in unlawful
employment practices at its Myerstown, Pennsylvania and Schaefferstown, Pennsylvania locations in violation of Section 704(a)(1) of Title VII, 42 U.S.C. § 2000(e)-2(a)(1), by retaliating against Ms. Strause as follows:
(a) Following her complaints of harassment, Ms. Strause's home base was transferred from Myerstown, Pennsylvania to Defendant's Schaefferstown, Pennsylvania location which required a greater percentage of travel time to locations further from the home base and her personal residence.
(b) While at the Schaefferstown location, Ms. Strause was subjected to additional retaliation by the District Manager, Rich Carter, who created a hostile work environment by, inter alia, discussing the intimate details and reason for Ms. Strause's transfer with other employees, trivializing the seriousness of Mr. Valerio's actions by commenting, "[ilt was only her butt; it could have been worse like her boob or something," and intentionally making comments which were geared towards making Ms. Strause upset.
(c) As a result of the sexual harassment, hostile work environment and retaliation, Ms. Strause was constructively discharged from her employment with Defendant in and around July of 2006.
9. The effect of the practices complained of in paragraphs 7 and 8 above has been to deprive Ms. Strause, a female employees, of an harassment free work environment, equal employment opportunities and otherwise adversely affects her status as an employee because of her sex.
10. The acts complained of in paragraphs 7 and 8 above were intentional and malicious.

11. The unlawfil employment practices complained of in paragraphs 7 and 8 above were done with reckless indifference to the federally protected rights of female employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant apennanent injunction enjoining Defendant Employer,its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment and any other employment practice which discriminates on the basis of sex. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, which provide for an harassment free work environment, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to institute and carry out anti-discrimination and sexual 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 andor complaints of harassment andor retaliation of which they become aware to the department charged with handling such complaints. F. Order Defendant Employer to make whole Elizabeth Strause by providing her

compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 and 8 above, including, but not limited to out-of-pocket losses, in amounts to be determined at trial.
G. Order Defendant Employer to make whole Elizabeth Strause by providing her compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraphs 7 and 8 above, including pain and suffering, humiliation, embarrassment, loss of life's enjoyment and pleasures, depression, anxiety and inconvenience, in amounts to be determined at trial.
H. Order Defendant Employer to pay Elizabeth Strause punitive damages for its malicious and reckless conduct described in paragraphs 7 and 8 above, in amounts 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 of this action.

The Commission requests a jury trial on all questions of fact raised by its complaint.
RONALD S. COOPER General Counsel
JAMESL. LEE Deputy General Counsel
GWENDOLYYNOUNGREAMS Associate General Counsel U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L. Street, NW Washington, DC 20507
Regional Attorney
Supervisory Trial Attorney
/ Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Philadelphia District Office 801 Market Street Penthouse, Suite 1300 Philadelphia, PA 19106 Telephone: (2 15) 440-2841 Facsimile: (215) 440-2848 stephanie.rnarino@,eeoc.gov

 
 Dbt f !2; 18.dw123: 9. DDD!!!!!Epdvn f oLl42!!!!!!~rfle!17CB7CB119!!!!!Qbhf !2!pg22

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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
ELIZABETH STRAUSE, Plaintiff-Intervenor
vs.
NORTHWEST SAVINGS BANK and NORTHWEST BANCORP, INC.,
Defendants

) ) )
) CIVIL ACTION NO.: 07-cv-01298
)
) Honorable Christopher C. Conner
) ) ) ) ) ) ) ) )

CONSENT DECREE Introduction
A. This action was instituted by the U.S. Equal Employment Opportunity Commission ("EEOC" and/or "the Commission") on or about July 17,2007 against Northwest Savings Bank and Northwest Bancorp, Inc. ("Northwest Defendants" and/or "Defendants") to enforce provisions of Title VII of the Civil Rights of 1964, as amended, 42 U.S.c. § 2000e et seq. ("Title VII"). In its Complaint, the Commission alleged that Defendants subjected Charging Party, Elizabeth Strause, to a sexually hostile work environment, which included sexually offensive comments, derogatory comments about women and inappropriate touching by the Manager of a branch of Northwest Savings Bank. The Commission further alleged that Ms. Strause was subjected to retaliation after she complained about the discrimination and that Ms. Strause suffered severe emotional distress and damages. The Northwest Defendants filed an Answer to the EEOC's Complaint in which they denied the material allegations of the

Dbtf !2;18.dw123: 9.DDD!!!!!Epdvn f oLl42!!!!!!~rf1e!17CB7CB119!!!!!Qbhf !3!pg22
Complaint, including the allegations of the existence of a sexually hostile work environment and retaliation against M. Strause.
B. This Consent Decree is entered into by and shall be final and binding between the EEOC and Northwest Defendants.
C. The Commission and Northwest Defendants agree to the entry of this Consent Decree, which shall fully and finally resolve all claims the EEOC raised in its Complaint in Civil Action No.07-cv-01298 (CCC). This Consent Decree shall not constitute either an adjudication of or finding on the merits of the complaint and shall not be construed as an admission by Defendants of any violation of Title VII or any allegation of the EEOC's Complaint.
Findings D. Having carefully examined the terms and provisions of this Consent Decree, and based on the pleadings, record and stipulations of the parties, the Court finds: (1) it has jurisdiction of the parties and subject matter jurisdiction of this action; and (2) the terms of this Decree are fair, reasonable, equitable and just, and adequately protect the rights of the parties, and the public interest.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
Non-Discrimination and Non-Retaliation 1. This Court has jurisdiction over the parties and subject matter of this action. 2. Defendants agree they shall continue to comply with Title VII, including its prohibitions against harassment on the basis of sex. 3. Defendants agree that they shall not engage in any employment practices which retaliate in any manner against any person, including but not limited to Elizabeth Strause because of their opposition to any practice made an unlawful employment practice under Title VII or
2

Dbtf !2; 18.dw 123: 9. DDD!!!!!Epdvn f oLl42!!!!!!qrfle!17CB7CB119!!!!!Qbhf !4!pg22
because either person has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under Title VII.
4. Defendants shall only divulge to any identifiable employer or potential employer of Elizabeth Strause her start date, position title, final salary and end date and indicate that such limited disclosure is part of its business practice.
S. Nothing in this Consent Decree, either by inclusion or exclusion, shall be construed to limit the obligations of Defendants under Title VII or the EEOC's authority to process or litigate any charge of discrimination now pending or filed in the future against Defendants.
Monetary Relief 6. No later than 15 days after receipt of a Release executed by Ms. Strause, Defendants agree to pay the sum of One Hundred Twenty-Five Thousand Dollars ($125,000.00) to Ms. Strause in full settlement of the claims raised on her behalf against Defendants in the EEOC's Complaint and in consideration of dismissal of said claims, including any and all claims for compensatory damages, attorney fees and costs. The monetary relief paid to Ms. Strause shall not be construed as an admission by Defendants of any violation of Title VII or any allegation ofthe EEOC's Complaint. This amount shall be paid in full satisfaction for all claims for compensatory damages and separately reported on IRS 1099 forms and any other required federal, state and/or local tax reporting forms issued to Ms. Strause. The check will be mailed to either Ms. Strause at her residence or to her private attorney's office with a copy mailed within five business days thereafter to the attention of Stephanie Marino, Trial Attorney, EEOC, 801 Market Street, Penthouse, Suite 1300, Philadelphia, PA 19107. In order to receive this monetary relief, Ms. Strause must execute a Release, to be negotiated separately. Late payment of the
3

Dbt f !2; 18. dw 123: 9. DDD!!!!!Epdvn f oLl42!!!! !!~rf1e! 17CB7CB119!!!! !Qbhf !5!pg22
check will be subject to the accrual of interest on the unpaid amount, calculated pursuant to 28 U.S.c. § 1961.
Posting of Notice 7. Within 20 business days after entry of this Decree, Defendants shall post at its Northwest Myerstown and Schaefferstown branches on all bulletin boards, used by Defendants for communicating with employees, same-sized copies ofthe Notice attached as Exhibit A to this Decree. The Notice shall remain posted for two (2) years from the date of entry of this Decree. Defendants shall forward a certification that the Notice has been posted and dates of posting within 30 days after entry of this Decree to Stephanie Marino, Trial Attorney, EEOC, 801 Market Street, Penthouse, Suite 1300, Philadelphia, PA 19107. If posted copies become defaced, removed, marred or otherwise illegible, Defendants agree to post a readable copy in the same manner as heretofore specified. Non-Discrimination and Anti-Harassment Policies and Complaint Procedures 8. Defendants agree to disseminate their policy against discrimination, harassment and retaliation and complaint procedures via computer distribution. Defendants shall ensure that its policy or policies against discrimination, harassment and retaliation and related complaint procedures meet the following minimum criteria: (a) state that Defendants: (i) prohibits discrimination against employees on the basis of sex, and prohibits retaliation in violation of Title VII; (ii) prohibits retaliation against employees for opposing employment practices they reasonably believe are discriminatory or for participating in an investigation by the EEOC or a state or local governmental agency of a charge of discrimination under Title VII; (iii) prohibits any act, policy or practice that has the effect of harassing or intimidating any employee on the basis of sex, in violation of Title VII; and (iv) prohibits any act, policy or practice that has the effect of creating, facilitating or pennitting the
4

Dbt f !2;18.dw 123: 9. DDD!!!!!Epdvn f oLl42!!!!!!qrhe!17CB7CB119!!!!!Obhf !6!pg22
existence of a work environment that is hostile to employees through acts such as physical/verbal abuse and derogatory comments based on sex, in violation of Title VII;
(b) include a complaint procedure designed to encourage employees to come forward with complaints regarding violations of its policy or policies against discrimination, harassment and retaliation, which shall meet the following minimum criteria: (i) provide effective mechanism(s) for reporting incidents of discrimination, harassment and retaliation; (ii) provide that the complaints of discrimination, harassment and/or retaliation can be made either in writing or verbally; (iii) identify an employee or employees at Defendants' worksite(s), to whom an employee can make a complaint; (iv) encourage prompt reporting by employees; and (v) provide assurances that complainants shall not be subjected to retaliation;
(c) provide for prompt investigation of complaints of harassment and/or retaliation; (d) provide for prompt communication to the complaining party of the results of the investigation and any remedial actions taken or proposed; and (e) provide for discipline up to and including discharge of an employee or supervisor who violates Defendants' policy or policies against discrimination 9. Defendants shall distribute to all of its employees and newly-hired employees, its policy or policies against discrimination, harassment and retaliation within 30 days after entry of this Consent Decree. 10. Within 90 days after entry of this Consent Decree, Defendants shall advise Stephanie Marino, Trial Attorney, EEOC's Philadelphia District Office, that its policy or policies against discrimination, harassment and retaliation have been distributed to current employees, including temporary employees, via computer with acknowledgements from each employee and that new employees, including temporary employees, will receive these policies and an
5

Dbt f !2; 18.dw 123: 9. DDD!!!!!Epdvn f oLl42!!!!!!~me!17CB7CB119!!!!!Qbhf !7!pg22
opportunity to acknowledge receipt. Defendants will retain copies of any acknowledgment of receipt form for an employee in the employee's personnel file.
11. Defendants shall annually for the duration of the Consent Decree distribute a copy of its policy or policies against discrimination, harassment and retaliation via computer to each employee.
Supervisor Accountability 12. Defendants shall promote supervisor accountability by the following conduct: (a) providing annual anti-discrimination training to all of its supervisory and managerial personnel as set forth in Paragraphs 13; (b) disciplining, up to and including discharge, any supervisor or manager who violates Defendants' policy or policies against discrimination, harassment and retaliation; and (c) imposing on all managers and supervisory personnel a duty to administer their work areas to ensure compliance with Defendants' policy against discrimination, harassment and retaliation; and (d) requiring all managers and supervisors to report any incidents and/or complaints of harassment and/or retaliation of which they become aware to the employee or employees designated to handle complaints of discrimination, harassment and retaliation.
Training 13. Defendants shall provide training on the requirements of Title VII as follows: (a) Defendants agree to provide annual training sessions for any employee or employees at its Northwest Savings Bank and Northwest Bancorp, Inc. work site(s) responsible for responding to Title VII complaints made at Northwest Savings Bank and Northwest Bancorp, Inc. by a vendor, individual and/or firm approved by the EEOC, including the law firm of Knox, McLaughlin, Gomall & Sennett, P.C. The training will cover employee rights and employer
6

Dbt f !2; 18.dw 123: 9. DDD!!!!!Epdvn f ou42!!!!!!~me!17CB7CB119!!!!!Qbhf !8!pg22
obligations under both Title VII and relevant state or local anti-discrimination laws, and will emphasize what constitutes unlawful harassment and discrimination in the workplace, how to keep the company free from such discrimination, what constitutes unlawful retaliation, and will summarize how to conduct a prompt and effective investigation into allegations, complaints or charges of discrimination;
(b) Defendants shall first provide training in accordance with Paragraph 13(a) by no later than 90 calendar days after entry of this Consent Decree and also shall provide such training in calendar years 2009 and 2010.
14. Defendants shall obtain the EEOC's approval of its proposed trainer prior to each year's training sessions.
15. Defendants agree at its expense to provide the EEOC with copies of all pamphlets, brochures, outlines or other written materials provided to attendees of training sessions in 2008, 2009 and 20 IO. Even though the EEOC has approved of or designated a trainer to provide training for one year, it is not required to approve of or designate the same trainer for future training sessions.
16. For training sessions occurring in 2008, 2009 and 2010, Defendants shall certify to the EEOC in writing within 10 business days after the training sessions required by Paragraph 13 have occurred that the training has taken place and the personnel who attended. Such certification shall include: (i) the dates, location and duration of the training session; (ii) a copy of the registry of attendance, including the name and position of each person in attendance; and (iii) a listing of the employee or employees at Northwest Defendants work site(s), responsible for responding to Title VII complaints made at Northwest Defendants facilities as of the date of the training.
7

Dbt f !2; 18.dw 123: 9. DDD!!!!!Epdvn f oLl42!!!!!!Qrfle!1703703119!!!!!Qbhf !9!pg22
17. Defendants shall furnish to the EEOC the following written reports annually for a period of two (2) years following entry of this Decree with the first report due six months after entry of the Decree and the final report due twenty-four months after entry ofthe Decree. Each such report shall contain:
(a) a certification by Defendants that the Notice required to be posted by Paragraph 7 was posted during the six months preceding the report;
(b) a certification by Defendants that it has or will distribute the policy or policies against discrimination, harassment and retaliation annually to employees, and that Defendants have disseminated the policy against discrimination, harassment and retaliation to all new employees, including temporary employees, hired within the six-month period preceding the report;
(c) a certification that Defendants have complied with training requirements of this Consent Decree;
(d) a summary of any additional actions Defendants took to prevent discrimination, harassment and retaliation at the Northwest Myerstown and Schaefferstown branches during the six-month period preceding the report.
Dispute Resolution 18. In the event either party to this Decree believes the other party has failed to comply with any provision(s) ofthe Decree, the complaining party shall notify the other party of the alleged non-compliance within 20 days of the alleged non-compliance and afford the alleged non-complying party 20 business days to remedy the non-compliance or satisfy the complaining party that the alleged non-complying party has complied. If the alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within 20 business days, the complaining party may apply to the Court for appropriate relief
8

Dbtf !2;18.dw123: 9.DDD!!!!!Epdvn f oLl42!!!!!!~me!17CB7CB119!!!!!Qbhf!: !pg22
Miscellaneous Provisions 19. Each party to this Decree shall bear its own expenses, costs and attorneys' fees. 20. The tenns of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, successors and assigns of Defendants in their capacities as representatives, agents, directors and officers of Defendants and not in their individual capacities. This paragraph shall not be construed as placing any limit on remedies available to the Court in the event any individual is found in contempt for a violation of this Decree. 21. This Consent Decree shall fully and finally resolve all claims which were raised by the EEOC in its Complaint in Civil Action No. 07-cv-01298 (CCC). 22. This Consent Decree shall be filed in the United States District Court for the Middle District of Pennsylvania and shall continue in effect for two (2) years. During this time, this Court shall retain jurisdiction over this matter and the parties for purposes of enforcing compliance with the Decree, including issuing such orders as may be required to effectuate its purposes. Any application by any party to modify or vacate this Consent Decree during such period shall be made by motion to the Court on no less than 30 days' notice to the other party. Should any material disputes under this Decree remain unresolved after this two-year period, the term oflhe Decree shall be automatically extended (and the Court will retain jurisdiction of this matter to enforce the Consent Decree) until such time as all disputes have been resolved. 23. The Clerk of the District Court is hereby directed to send a file-stamped copy of this Consent Decree to counsel of record.
9

Dbt f !2;18.dw 123: 9. DDD!!!!!Epdvn f oLl42!!!!!!Qrfle!17CB7CB119!!!!!Qbhf !21 !pg22

For Plaintiff EEOC:
Ronald S. Cooper General Counsel
James L. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel Washington, D.C.

For Defendants Northwest Savings Bank and Northwest Bancorp, Inc.:

Terrence R. ook Supervisory Trial Attorney
,If!LJAi 1Lj~' i-12ld
.. Step Ie Marmo ./ Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Philadelphia District Office 21 S. 5th Street, Suite 400 Philadelphia, PA 19106 (215)440~2841~.

By the Court: ---=~
TOPHER C. COmeR
U.S. DISTRICT JUDGE

Date:

10

Dbtf !2;18.dw123: 9.DDD!!!!!Epdvn f ou42!!!!!!~rfle!17CB7CB119!!!!!Qbhf !22!pg22

EXHIBIT A NOTICE TO NORTHWEST SAVINGS BANK AND NORTHWEST BANCORP, INC.
EMPLOYEES
This Notice is posted pursuant to a Consent Decree entered by the federal court for the Middle District of Pennsylvania in EEOC v. Northwest Savings Bank and Northwest Bancom, Inc., Civil Action Number 07 -cv-O 1298, resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Northwest Savings Bank and Northwest Bancorp, Inc. ("Northwest Defendants").
Title VII of the Civil Rights Act of 1964, 42 U.S.c. § 2000e et seq., as amended ("Title VII"), prohibits discrimination against employees and applicants for employment based upon national origin, sex, race, color or religion. Title VII further prohibits retaliation against employees or applicants who avail themselves oftheir rights under Title VII by engaging in protected activities, such as filing a charge of discrimination and/or testifying or participating in a Commission investigation. The EEOC is the federal agency which investigates charges of unlawful employment discrimination. The EEOC has the authority to bring lawsuits in federal court to enforce Title VII.
In its lawsuit, the EEOC alleged that Northwest Defendants subjected a female employee to sexual harassment which created a hostile work environment and retaliation in violation of Title VlI of the Civil Rights Act of 1964 ("Title VII"). The Northwest Defendants filed an Answer to the EEOC's Complaint in which they denied the material allegations of the Complaint, including the allegations of the existence of a sexually hostile work environment and retaliation.
To resolve the case, Northwest Defendants and the EEOC have entered into a Consent Decree which provides, among other things, that: (I) Northwest Defendants agree to pay monetary relief; (2) Northwest Defendants agree that it will not discriminate on the basis of sex; (3) Northwest Defendants will not retaliate against any person because he or she opposed any practice made unlawful by Title VII, filed a Title VII charge of discrimination, participated in any Title VII proceeding, or asserted any rights under the Consent Decree; and (4) Northwest Defendants will train any employee or employees at Northwest Defendants work site(s) with responsibility for responding to Title VII complaints made by Northwest Defendants employees, regarding discrimination, harassment and retaliation, and regarding its policy prohibiting discrimination, harassment and retaliation.
If you believe you have been discriminated against, you may contact the EEOC at (215) 4402600. The EEOC charges no fees and has employees who speak languages other than English.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
This Notice must remain posted for two (2) years from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice or compliance with its terms may be directed to the Regional Attorney, EEOC Philadelphia District Office, 801 Market Street, Penthouse, Suite 1300, Philadelphia, PA 19107.

U.S. Equal Employment Opportunity Commission
DATED:
# 787125

Northwest Savings Bank and Northwest Bancorp. Inc.
DATED:

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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff
v.
NORTHWEST SAVINGS BANK & NORTHWEST BANCORP., INC.,
Defendants

: CIVIL ACTION NO. 1:07-CV-1298 : : : (Judge Conner) : : : : : : :

ORDER

AND NOW, this 23rd day of August, 2007, upon consideration of the motion

for leave to intervene as party plaintiff (Doc. 12), filed by Elizabeth Strause

(“Strause”), see FED. R. CIV. P. 24(a)(1) (providing that “anyone shall be permitted

to intervene in an action . . . when a statute of the United States confers an

unconditional right to intervene”), and it appearing that Strause has a statutory

right to intervene in this Title VII action, see 42 U.S.C. § 2000e-5(f)(1) (“The person

or persons aggrieved shall have the right to intervene in a civil action brought by

the Commission . . . .”), it is hereby ORDERED that:

1. The motion for leave to intervene (Doc. 12) is GRANTED.

2. The Clerk of Court is directed to remove the proposed document (Doc. 12, Ex. A) from the docket in this case, file it as an intervening complaint as of the date of this order, amend the docket to reflect the parties named therein, and issue a summons.

S/ Christopher C. Conner CHRISTOPHER C. CONNER United States District Judge

 
 CLOSED, HBG, MEDSR, MM, STANDARD
United States District Court Middle District of Pennsylvania (Harrisburg) CIVIL DOCKET FOR CASE #: 1:07−cv−01298−CCC

Equal Employment Opportunity Commission v. Northwest Savings Bank et al Assigned to: Honorable Christopher C. Conner Cause: 28:451 Employment Discrimination
Plaintiff

Date Filed: 07/17/2007 Date Terminated: 06/25/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by Jacqueline H. McNair Equal Employment Opportunity Commission 21 S. 5th Street Suite 400 The Bourse Building Philadelphia , PA 19106 215−440−2670 Email: jacqueline.mcnair@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephanie Marino U.S. Equal Employment Opportunity Commission 801 Market Street Penthouse Suite 1300 Philadelphia , PA 19107 215−440−2841 Email: stephanie.marino@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Terrence R. Cook Equal Employment Opportunity Commission 801 Market Street Penthouse, Suite 1300 Philadelphia , PA 19106 215−440−2841 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Elizabeth Strause

represented by Nina B. Shapiro Law Office of Nina B. Shapiro, Esuqire 53 N. Duke Street Suite 201 Lancaster , PA 17602 717−399−8720 Email: bgdnbs@aol.com ATTORNEY TO BE NOTICED

V. Defendant Northwest Savings Bank

represented by

Defendant Northwest Bancorp., Inc.
V. Intervenor Defendant Northwest Savings Bank Intervenor Defendant Northwest Bancorp., Inc. Mediator Mediator TERMINATED: 01/23/2008

Francis J. Klemensic Knox McLaughlin Gornall &Sennett, P.C. 120 West 10 Street Erie , PA 16501 814−459−2800 Email: fklemensic@kmgslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Neal R. Devlin Knox McLaughlin Gornall &Sennett, PC 120 West Tenth Street Erie , PA 16501 814.459.2800 Email: ndevlin@kmgslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard A. Lanzillo Knox McLaughlin Gornall &Sennett, PC 120 West 10th Street Erie , PA 16501 814−459−2800 Email: rlanzillo@kmgslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Francis J. Klemensic (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Neal R. Devlin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard A. Lanzillo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert M. Ackerman The Dickinson School of Law 150 S. College St. Carlisle , PA 17013 717−241−3535 Fax: 17172405126 TERMINATED: 01/23/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mediator
Mediator TERMINATED: 06/25/2008

represented by Michael J. Burns 530 Street Road Southampton , PA 18966 215−322−9030 Email: mjburns1@verizon.net TERMINATED: 06/25/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/17/2007 07/17/2007 07/17/2007 07/17/2007 07/23/2007
07/24/2007 07/30/2007 08/09/2007 08/15/2007 08/15/2007 08/15/2007 08/15/2007

# Docket Text
1 COMPLAINT against Northwest Savings Bank, Northwest Bancorp., Inc., filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(dfm ) (Entered: 07/17/2007)
SPECIAL ADMISSION FORM SENT to Stephanie Marino. (dfm ) (Entered: 07/17/2007)
SPECIAL ADMISSION FORM SENT to Terrence Cook. (dfm ) (Entered: 07/17/2007)
Summons Issued as to Northwest Savings Bank, Northwest Bancorp., Inc. and provided to Attorney for service on Defendant(s). (dfm ) (Entered: 07/17/2007)
2 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Stephanie Marino on behalf of Equal Employment Opportunity Commission Attorney Stephanie Marino is seeking special admission. Filing fee $ 25. (Attachments: # 1 Code of Professional Conduct# 2 Letters to Court regarding Special Admission)(Marino, Stephanie) (Entered: 07/23/2007)
3 ORDER − Letter to Counsel from Court Re: Case Assignment and Procedures. (See order for complete details.) Signed by Judge Christopher C. Conner on 07/24/07. (ki) (Entered: 07/24/2007)
4 SPECIAL ADMISSIONS FORM APPROVED as to Stephanie Marino,Esquire. (cc: Atty Marino; Orig: SCR Registry) Signed by Judge Christopher C. Conner on 07/30/07. (ki) (Entered: 07/31/2007)
5 AFFIDAVIT of Service for Complaints and Summons for Defendants, Northwest Savings Bank and Northwest Bancorp, Inc., served on Carol Dunbar on 07/26/2007, filed by Equal Employment Opportunity Commission. (Marino, Stephanie) (Entered: 08/09/2007)
6 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Francis J. Klemensic on behalf of all defendants Attorney Richard Lanzillo is seeking special admission. Filing fee $ 25, receipt number 1091848.. (Klemensic, Francis) (Entered: 08/15/2007)
7 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Francis J. Klemensic on behalf of all defendants Attorney Neal Devlin is seeking special admission. Filing fee $ 25, receipt number 1091858.. (Klemensic, Francis) (Entered: 08/15/2007)
8 SCHEDULING ORDER: Initial Case Management Conference set for 9/18/2007 @ 09:40 AM; placement of the telephone conference call is the responsibility of the plaintiff. (See order for complete details.) Signed by Judge Christopher C. Conner on 08/15/07. (ki) (Entered: 08/15/2007)
9 SPECIAL ADMISSIONS FORM APPROVED as to Richard A. Lanzillo, Esquire. (cc: Atty Lanzillo; Orig: SCR Registry) Signed by Judge Christopher C. Conner on 08/15/07. (ki) (Entered: 08/15/2007)

08/15/2007 08/15/2007 08/22/2007
08/23/2007 08/23/2007 08/23/2007 08/23/2007 09/10/2007 09/11/2007 09/13/2007 09/14/2007 09/18/2007 09/18/2007
09/18/2007 09/18/2007

10 SPECIAL ADMISSIONS FORM APPROVED as to Neal R. Devlin, Esquire. (cc: Atty Devlin; Orig: SCR Registry) Signed by Judge Christopher C. Conner on 08/15/07. (ki) (Entered: 08/15/2007)
11 ANSWER to Complaint by Northwest Savings Bank, Northwest Bancorp., Inc..(Devlin, Neal) (Entered: 08/15/2007)
12 MOTION to Intervene as party plaintiff filed by Elizabeth Strause. (Attachments: # 1 Exhibit(s) proposed Complaint of Plaintiff Intervenor Elizabeth Strause# 2 Proposed Order proposed order to intervene# 3 certificate of service motion to intervene with proposed complaint)(Shapiro, Nina) (Entered: 08/22/2007)
13 ORDER granting motion for leave to intervene 12 &directing Clrk of Ct to file proposed doc as intervening complaint, amend docket &issue summons. (See order for complete details.) Signed by Judge Christopher C. Conner on 08/23/07. (ki) (Entered: 08/23/2007)
14 Intervenor COMPLAINT filed by Elizabeth Strause on 8/23/07.(ki)// Modified on 8/23/2007 to replace wrong doc w/ proper doc (ki). (Entered: 08/23/2007)
Summons Issued as to intervenor defts Northwest Savings Bank and Northwest Bancorp., Inc., and provided to Attorney Shapiro for service.(ki) (Entered: 08/23/2007)
DOCKET ANNOTATION − Docket entry for intervenor complaint 14 modified to replace erroneously scanned doc w/ correct doc. (ki) (Entered: 08/23/2007)
16 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Terrence R. Cook, Esquire on behalf of Equal Employment Opportunity Commission Attorney Terrence R. Cook is seeking special admission. (Attachments: # 1 Code of Conduct)(dfm ) (Entered: 09/13/2007)
15 CASE MANAGEMENT PLAN filed jointly with all parties by Equal Employment Opportunity Commission. (Marino, Stephanie) (Entered: 09/11/2007)
17 ORDER directing all non−governmental corporate parties in case to file corporate disclosure stmts w/in 10 days of the date of this order. (See order for complete details.) Signed by Judge Christopher C. Conner on 09/13/07. (ki) (Entered: 09/13/2007)
18 SPECIAL ADMISSIONS FORM APPROVED as to Terrence R. Cook, Esquire. (Orig: SCR Registry) Signed by Judge Christopher C. Conner on 09/14/07. (ki) (Entered: 09/14/2007)
20 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 (CIVIL ACTION). (Lanzillo, Richard) (Entered: 09/18/2007)
21 CASE MANAGEMENT ORDER (STANDARD TRACK) − Sets forth case management instructions, guidelines &pretrial/trial schedule, inc. − Discovery due by 3/18/2008; Jury Selection &Jury Trial set to commence on 10/6/2008 @ 09:30 AM in Harrisburg − Courtroom #2 before Honorable Christopher C. Conner; Dispositive Motions due by 4/3/2008; Pretrial Memos due by noon on 9/10/2008; Pretrial Conference set for 9/17/2008 @ 10:00 AM in Harrisburg − Courtroom #2. (See order for complete details.) Signed by Judge Christopher C. Conner on 09/18/07. (ki) (Entered: 09/18/2007)
22 ORDER permitting the parties 90 days for limited discovery, until 12/17/07, prior to issuance of mediation referral order. (See order for complete details.) Signed by Judge Christopher C. Conner on 09/18/07. (ki) (Entered: 09/18/2007)
23 ANSWER to Intervenor Complaint by Northwest Savings Bank, Northwest Bancorp., Inc..(Lanzillo, Richard) (Entered: 09/18/2007)

12/17/2007 01/07/2008 01/07/2008 01/23/2008 01/24/2008 06/25/2008 06/25/2008
06/26/2008 06/26/2008

24 ORDER REFERRING CASE to Mediation &Appointing Stephen L. Grose, Esquire, Mediator. (See order for complete details.) Signed by Judge Christopher C. Conner on 12/17/07. (ki) (Entered: 12/17/2007)
25 ORDER withdrawing referral to mediation w/ Atty Stephen L. Grose. (See order for complete details.) Signed by Honorable Christopher C. Conner on 01/07/08. (ki) (Entered: 01/07/2008)
26 ORDER REFERRING CASE to Mediation &Appointing Robert M. Ackerman, Esquire, as Mediator. (See order for complete details.) Signed by Honorable Christopher C. Conner on 01/07/08. (ki) (Entered: 01/07/2008)
27 ORDER withdrawing referral to mediation with Attorney Ackerman. (See order for complete details.) Signed by Honorable Christopher C. Conner on 01/23/08. (ki) (Entered: 01/23/2008)
28 ORDER REFERRING CASE to Mediation &Appointing Michael J. Burns, Esq., as Mediator &STAYING pretrial/trials schedule. (See order for complete details.)Signed by Honorable Christopher C. Conner on 01/24/08. (ki) (Entered: 01/24/2008)
29 REPORT OF MEDIATOR (Settlement Reached). Mediator Michael J. Burns terminated.(joeb) (Entered: 06/25/2008)
30 ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. (See order for complete details.) Signed by Honorable Christopher C. Conner on 06/25/08. (ki) (Entered: 06/25/2008)
31 Consent Decree executed by the parties and requesting approval by the Court. (Marino, Stephanie) (Entered: 06/26/2008)
32 APPROVED CONSENT DECREE re: proposed consent decree 31 . (See doc for complete details.) Signed by Honorable Christopher C. Conner on 06/26/08. (ki) (Entered: 06/26/2008)