UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
NORTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY)

COMMISSION.

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10 S. Howard Slreei

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3'<1 Floor

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Baltimore, Maryland 21201

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Plaintiff.

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CHESAPEAKE BAY GOLF CLUB,

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LIMITED PARTNERSHIP,

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1500 Chesapeake Club Dnvc

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North East, MD 21921

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md

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CHESAPEAKE BAY GOLF CLUB

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(WEST), L. P ,

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1500 Chesapeake Club Drive

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NorthEast,MD 2192 1

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Defendants .

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CIvil Action No. COM PLA[NT & JURY TRIAL DEMAt-'D

C0.'.1PLA1NT AND IUR Y DEMAND NATURE OF TH E ACTION
This is an action under Title Vll of the Civil Rights Act of 1964 and Title I of the Cil'il Rights Act of 1991 to correct unlawful employmem practices on the basis of sex (pregnancy) and to provide appropriate relief to Dawn Randall -Nowak ("Ms. Nowak""). who was adversely

affected by such practices. The Commission aHeges that on April 14.2005. Defendants Chesapeake Bay Golf Club. Limited Pannership, and Chesapeake Bay Golf Club (West), L.P., (""Defendants Employer"), unlawfully discharged Ms. Nowak, their Restaurant and Banquet Manager. because of her pregnancy, in violation of Title VII of the Civil Rights Act of 1964.
JURlSDICTION AND VH1UE
I. Jurisdiction of this Coun is invoked pursuant to 28 U.s.c. §§ 4S I, 1331, 1337,
1343 and 1345. This action is authorized and instituted pursuant to 706(f)(1) and (3) of Title VII
of the Civil Rights Act of 1964, as amended. 42 U.s.c. §§ 2000e-5(f)(l) and (3) C'Title VII")
and pursuant \0 Section 102 of the Civti Rights Act of 1991, 42 U.S.c. § 1981 A. 2. The unlawful employment practices alleged herein were commined within the
judicial district of this Court. PARTIES
3. Plaintiff. the Equal Employment Opportunity Commission C'the Commission""), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(f){ 1) and (3) o f Title VII, 42 U. S.C. §§ 2000c-5(f)(1) and (3).
4. At all relevant times. Defendant Chesapeake Bay Golf Club, Limited Partnership has continuously been a Maryland corporation doing business in the State of Maryland. and the cities of North East and Rising Sun, and has continuously had at least fifteen employees.
5. At all relevant times. Defendant Chesapeake Bay Golf Club (West). L.P. has continuously been a Delaware corporation doing business in the State of Maryland, and the cHies ofNonh East and Rising Sun. and has continuously had at least fifteen employees.
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6. At all relevant times, Defendant Chesapeake Bay (JQlf Club, Limited Partnership has continuously been an employer engaged in an industry affecting commerce under Se.-:tion 701(b), (g) and (h) of Tille VII, 42 V.S.c. Sections 2000e(b), (g) and (h).
7. At all relevanttirnes, Defendant Chesapeake Bay (JQlfC lub (West), L.P. has continuously been an employer engaged In an industry affecting commerce under Section 701(b), (8) and (h) ofTitJe VII. 42 U.S.c. Sections 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 8. More than thirty days prior to tile institution of this lawsuit, Dawn RandallNowak filed a charge witllthe Commission alleging violations ofTitlc Vll of the Civil Rights Act of 1964 by Defendants Employer. All conditions pre<:edentto the institution of this lawsuit have been fulfilled. 9. Since at least April 14, 2005, Defendants Employer have engaged in unlawful employment practices at their North East and Rising Sun. Maryland faci lities, in violation of Section 703{a) of Title VII, These practices include tenninaling the employment of Ms. Nowak because of her pregnancy. 10, The effect of the practices complained of in Paragraph 9 has been to depri\'e Dawn Randall -Nowak of equal employment opportunities and otherwise adversely afTect her status as an employee because of her sex. II, The unlawful employment practices complained of in Paragraph 9 were intentional. 12. The unlawful emplo)'lllent practices complained of in Paragraph 9 were, and are being. done with malice or witll reckless indifference to the federally protected rights of Ms. Nowak
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PRAYER FOR RELIEF Wherefore, the Commission respectfully rC<juests that this Court: A. Grant a permanent injunction enjoining Defendants Employer, their officers. successors, assigns, and all persons in active concert or participation wi th them, from terminating individuals based on pregnancy and any other employment practice which discriminatcs on the basIs of sex (pregnancy) in violation of Title VI! of the Civil Rights Act of 1%4. B. Order Defendants Employer to institute and carry out policies, practices, and progr~ms which provide equal employment opportunities for their pregnant employees, and which eradicate the eITe<:ts of their past and present unlawful employment practices. C. Order Defendants Employer to make whole Ms. Nowak by providing appropriate backpay with prejudgment Interest in amounts to be determined at trial. reinstatement to her position. or frontpay in lieu theroof, and othCT affirmati I'e relief necessary to eradicate the effects of their unlawful employment practices. D. Order Defendants Employer to make whole Ms. Nowak by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in Paragraph 9, including but not limited to damages in the form o f expenses for job searches and expenses for borrowing money, in amounts to be determined at trial. E. Order Defendants Employer to make whole Ms. Nowak by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices described in Paragraph 9, including but not limited to emotional and mental anguish. pain and suffering, humiliation, loss of enjoyment ofhre, and devastation in amounts to be determined at trial
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F. Order Defendants Employer to pay Ms. Nowak punitive damages for its malicious
and reckless conduct, as described in Paragraph 9. in amoums to be determined at lrial.
G. Grant such further legal or equitable relief as the Court deems necessary and proper in thc public interest.
H. Award the Commission its COSts oflhis action. JURY TRIAL DEMAND
The Commission hereby requests aJury trial on all questions of fact raised by its Complaint.
Respectfully submitted, RONALD S. COOPER General Counsel JAMES L. LEE Deputy General Counsel
YN YOUNG REAMS
Supervisory Trial Attorney (Bar No. 043 I2)
EQUAL EMPLOYMEl'-'T OPPORTUNITY COMMISSION 10 S. Howard Street. 3rd Floor Baltimore, Maryland 21201 (4 10) %2-4349 (Phone) (410) 962-4270 (fax)
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 District of Maryland (CM/ECF Live 3.0) - Docket Report

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?232220304661913-L_3...

U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:06-cv-02542-WMN

CLOSED

EEOC v. Chesapeake Bay Golf Club, Limited Partnership et al Assigned to: Judge William M Nickerson Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/27/2006 Date Terminated: 04/27/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff EEOC

represented by 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 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jacqueline H McNair US Equal Employment Opportunity Commission 21 S Fifth St Ste 400 The Bourse Bldg Philadelphia, PA 19106 12154402666 Fax: 12154402674 Email: jacqueline.mcnair@eeoc.gov ATTORNEY TO BE NOTICED

V.
Defendant Chesapeake Bay Golf Club, Limited Partnership

represented by Paul D Snitzer Duane Morris LLP 30 S 17th St Philadelphia, PA 19103 12159791806 Fax: 12159791020 Email: pdsnitzer@duanemorris.com ATTORNEY TO BE NOTICED

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Defendant Chesapeake Bay Golf Club (West), L.P.

represented by Paul D Snitzer (See above for address) ATTORNEY TO BE NOTICED

Date Filed 09/27/2006 09/27/2006 09/29/2006 10/03/2006 10/03/2006 12/27/2006 12/27/2006
12/27/2006 01/11/2007 01/11/2007 01/16/2007 01/16/2007

#

Docket Text

1 COMPLAINT against Chesapeake Bay Golf Club, Limited Partnership, Chesapeake Bay Golf Club (West), L.P., filed by EEOC. (Attachments: # 1 Civil Cover Sheet)(raf, Deputy Clerk) (Entered: 09/29/2006)
Jury Trial Demand by EEOC. (raf, Deputy Clerk) (Entered: 09/29/2006)
2 Summons Issued 20 days as to Chesapeake Bay Golf Club, Limited Partnership, Chesapeake Bay Golf Club (West), L.P. (raf, Deputy Clerk) (Entered: 09/29/2006)
3 MOTION for entry of appearance of Jacqueline H. McNair by EEOC. Responses due by 10/20/2006 (slf, Deputy Clerk) (Entered: 10/03/2006)
4 MARGINAL ORDER granting 3 Motion of Jacqueline H. McNair as attorney for EEOC. Signed by Clerk on 10/3/06.(see pleading No 3) (slf, Deputy Clerk) (Entered: 10/03/2006)
5 STIPULATION to Extend Time by Chesapeake Bay Golf Club, Limited Partnership, Chesapeake Bay Golf Club (West), L.P.. (Aronica, Joseph) (Entered: 12/27/2006)
6 PAPERLESS ORDER APPROVING re 5 Stipulation filed by Chesapeake Bay Golf Club, Limited Partnership, Chesapeake Bay Golf Club (West), L.P.. Signed by Judge William M Nickerson on 12/27/06. (cae, Chambers) (Entered: 12/27/2006)
Set Deadlines: Chesapeake Bay Golf Club, Limited Partnership; Chesapeake Bay Golf Club (West), L.P. answer due 1/26/2007. (eg, Deputy Clerk) (Entered: 12/28/2006)
7 MOTION for Paul D. Snitzer to Appear Pro Hac Vice by Chesapeake Bay Golf Club, Limited Partnership, Chesapeake Bay Golf Club (West), L.P..(fee pd, voucher #146370103587) (slf, Deputy Clerk) (Entered: 01/11/2007)
8 MARGINAL ORDER granting 7 Motion OF Paul D. Snitzer to Appear Pro Hac Vice. Signed by Clerk on 1/11/07.(see pleading No 7) (slf, Deputy Clerk) (Entered: 01/11/2007)
9 SUMMONS Returned Executed by EEOC. Chesapeake Bay Golf Club, Limited Partnership served on 12/7/2006, answer due 1/26/2007. (Lawrence, Debra) (Entered: 01/16/2007)
10 SUMMONS Returned Executed by EEOC. Chesapeake Bay Golf Club (West), L.P. served on 12/7/2006, answer due 1/26/2007. (Lawrence, Debra) (Entered: 01/16/2007)

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01/26/2007 01/26/2007
02/09/2007 02/16/2007 03/09/2007 03/12/2007
03/30/2007 04/04/2007
04/19/2007 04/27/2007

11 STIPULATION for Extension of Time by EEOC, Chesapeake Bay Golf Club, Limited Partnership, Chesapeake Bay Golf Club (West), L.P.. (Snitzer, Paul) (Entered: 01/26/2007)
12 PAPERLESS ORDER Approving re 11 Stipulation for extension filed by Chesapeake Bay Golf Club, Limited Partnership, EEOC, Chesapeake Bay Golf Club (West), L.P.. Signed by Judge William M Nickerson on 1/26/07. (cae, Chambers) (Entered: 01/26/2007)
13 STIPULATION by Chesapeake Bay Golf Club, Limited Partnership. (Snitzer, Paul) (Entered: 02/09/2007)
14 PAPERLESS ORDER Approving re 13 Stipulation to extend time to answer complaint filed by Chesapeake Bay Golf Club, Limited Partnership. Signed by Judge William M Nickerson on 2/16/07. (cae, Chambers) (Entered: 02/16/2007)
15 STIPULATION to Extend Time by Chesapeake Bay Golf Club, Limited Partnership, Chesapeake Bay Golf Club (West), L.P.. (Aronica, Joseph) (Entered: 03/09/2007)
16 PAPERLESS ORDER APPROVING re 15 Stipulation filed by Chesapeake Bay Golf Club, Limited Partnership, Chesapeake Bay Golf Club (West), L.P.. Signed by Judge William M Nickerson on 3/12/07. (cae, Chambers) (Entered: 03/12/2007)
17 STIPULATION to Extend Time by Chesapeake Bay Golf Club, Limited Partnership, Chesapeake Bay Golf Club (West), L.P.. (Aronica, Joseph) (Entered: 03/30/2007)
18 PAPERLESS ORDER APPROVING re 17 Stipulation filed by Chesapeake Bay Golf Club, Limited Partnership, Chesapeake Bay Golf Club (West), L.P. as requested. Signed by Judge William M Nickerson on 4/4/07. (cae, Chambers) (Entered: 04/04/2007)
19 SETTLEMENT AGREEMENT (Consent Decree) by Chesapeake Bay Golf Club, Limited Partnership, Chesapeake Bay Golf Club (West), L.P.. (Snitzer, Paul) (Entered: 04/19/2007)
20 CONSENT DECREE ORDER re 19 Settlement Agreement filed by Chesapeake Bay Golf Club, Limited Partnership, Chesapeake Bay Golf Club (West), L.P.. Signed by Judge William M Nickerson on 4/26/07. (slf, Deputy Clerk) (Entered: 04/27/2007)

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 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
NORTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION,

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Plaintiff,

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v.

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CHESAPEAKE BAY GOLF CLUB, L.P.,

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CHESAPEAKE BAY GOLF CLUB (WEST), L.P. )

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Defendants.

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__________________________________________)

Civil Action No. WMN-06-2542

CONSENT DECREE This action was instituted by Plaintiff, the U.S. Equal Employment Opportunity Commission (the “EEOC” or the “Commission”) against Chesapeake Bay Golf Club, L.P., Chesapeake Bay Golf Club (West)(hereinafter “Defendants”), alleging that Defendants violated Section 703(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-2(a), when it engaged in sex discrimination by discharging from employment Dawn Nowak, because of her pregnancy. Defendants deny all allegations of wrongdoing. The Commission and Defendants desire to resolve this 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 Title VII. 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

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consideration of the record herein and being fully advised in the premises, it is ORDERED, ADJUDGED AND DECREED:
Scope of Decree 1. This Decree resolves all issues and claims alleged in the Complaint filed by the Commission in this Title VII action which emanated from the Charge of Discrimination filed by Dawn Nowak. 2. This Decree shall be in effect for a period of one year from the date it is entered by the Court. During that 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 the purposes of the Decree. 3. This Decree, being entered with the consent of the EEOC and Defendants, shall not constitute an adjudication or finding on the merits of the case.
Relief to Dawn Nowak 4. Defendants shall pay relief in the total amount of $23,000, representing compensatory damages, to be paid in two equal installments. The first installment will be paid within 30 days after the entry of this Decree, and the final installment will be paid within 30 days thereafter. Defendants will issue the checks directly to Ms. Nowak and a photocopy of the checks and related correspondence will be mailed to the EEOC's counsel of record. Defendants will issue to Ms. Nowak a United States Internal Revenue Service 1099 Form for the compensatory damages paid.
Injunctive Relief 5. Defendants, their officers, agents, servants, employees and all persons acting or
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claiming to act in their behalf and interest hereby agree to comply with the provisions of Title VII and agree in this Decree to be enjoined, and are enjoined, from discriminating on the basis of sex. Such sex-based discrimination violates Title VII, which, in part, is set forth below:
It shall be an unlawful employment practice for an employer -(1) to fail or refuse to hire . . . or otherwise to discriminate against any individual with respect to [her] . . . terms, conditions, or privileges of employment, because of such individual’s . . . sex . . . 42 U.S.C. § 2000e-2(a). The terms 'because of sex' or 'on the basis of sex' include, but are not limited to, because of or on the basis of pregnancy . . . 42 U.S.C. § 2000e(k). 6. Within 90 days from the date of entry of the Decree, all Defendants’ employees shall be required to attend a training program lasting at least two hours for managers and at least one hour for non-managerial employees. The training shall cover the prevention of employment discrimination and compliance with federal anti-discrimination laws, with a particular emphasis on the prohibition against sex discrimination (especially pregnancy discrimination) and shall be conducted by an outside consultant or law firm approved by the EEOC, which approval shall not be unreasonably withheld, and which may include the law firms serving as defense counsel in this litigation. For the duration of the Decree, Defendants shall provide this same training to all newly hired officers, managers, supervisors, and employees, as set forth herein, and such training obligations are satisfied if Defendants opt to present by videotape the training they initially provided. Within ten business days of providing each such training session, Defendants will furnish EEOC with a signed attendance list, the date and duration of the training, an outline of the training conducted, and a certification of completion of the mandatory training.
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7. Upon approval of this Decree, Defendants will post immediately in all places where notices are customarily posted for the employees the Notice attached hereto as Exhibit A and made a part hereof. Said Notice shall be posted and maintained for the duration of the 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 posted in the same manner as heretofore specified. Within 30 days of approval of this Decree, Defendants shall forward to the EEOC’s attorney of record 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.
Reporting 8. Every 90 days following the entry of this Consent Decree, and continuing throughout the life of the Decree, Defendants will report in writing to the Commission’s counsel of record concerning the implementation of this Decree. The report will include the following information: Copies of any formal or informal complaints of sex discrimination made by any employee including internal complaints submitted pursuant to Defendants’ Equal Employment Opportunity and/or Sexual Harassment policies, administrative charges, and lawsuits, and for every such complaint, the name of the complainant, and a detailed explanation of Defendants’ actions taken in response to the complaint, including any investigative and corrective measures taken. 9. The Commission and Defendants shall bear their own costs and attorneys’ fees. 10. The undersigned counsel of record in the above-captioned action hereby consent
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to the entry of the foregoing Consent Decree.

FOR DEFENDANTS:

FOR

PLAINTIFF:

/s/

/s/

_________________________

Paul D. Snitzer

Jacqueline

Duane Morris, LLP 30 S. 17th Street

Regional

Philadelphia, Pennsylvania 19103

(215) 979-1806

/s/

Supervisory

with express authorization _________________________
McNair Attorney
with express authorization __________________________
Debra M. Lawrence Trial Attorney

EQUAL
Baltim 10 Baltim (410)

EMPLOYMENT OPPORTUNITY COMMISSION
ore Field Office S. Howard Street, 3d Floor
ore, Maryland 21201 209-2734

SO ORDERED.

Signed and entered this day of

, 2007.

United W

_________________________ States District Court Judge
illiam M. Nickerson

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
This Notice is being posted as part of an agreem ent between the Equal Em ployment Opportunity Commission (“EEOC”) and Chesapeake Bay Golf Club, Lim ited Partnership and Chesapeake Bay Golf Club (West), L.P. (“Com pany”) which outlines Com pany’s obligations under Title VII of the Civil Rights Act of 1964, as amended.
Title VII prohibits em ployment discrimination based on sex (including pregnancy), race, color, national origin, or religion. Unlawful discrimination can take the formof harassment based on one of these protected categories. Title VII also prohibits retaliation against individuals who have complained of or opposed discrimination.
Therefore, in accordance with the applicable law:
Company WILL NOT engage in any acts or practices made unlawful under Title VII.
Company’s policy provides that persons who believe that they have been subjected to unlawful discrimination may report it to a m anager or to the Hum an Resources Manager. Company will thoroughly investigate all such complaints with due regard for the privacy of the individuals involved. Any employee who knowingly retaliates against an employee who has complained of discrimination shall be subject to immediate disciplinary action, up to and including discharge.
If you have a com plaint of em ployment discrimination or questions regarding laws prohibiting employment discrimination, you may seek assistance from the EEOC by visiting the EEOC’s Baltim ore Field Office at 10 South Howard Street, 3 rd Floor, Baltim ore, Maryland 21201 or by calling 1-800-669-4000. General information may also be obtained on the Internet at www.eeoc.gov.
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President CHESAPEAKE BAY GOLF CLUB, L.P. CHESAPEAKE BAY GOLF CLUB (WEST), L.P.
Date Posted:
ATTACHMENT A
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