UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MARYLAND SOUTHERN DIVISION

)

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

Baltimore District Office

)

10 S. Howard Street, 3rd Fl.

)

Baltimore, Maryland 21201

)

)

Plaintiff,

)

)

v.

)

)

SLIGO CREEK NURSING & REHABILITATION )

CENTER, INC.,

)

7525 Carroll Avenue

)

Takoma Park, Maryland 20912

)

)

Defendant.

)

)

Civil Action No.
COMPLAINT JURY TRIAL DEMAND

NATURE OF ACTION

This is an action under Title VII of the Civil Rights Act of 1964 to correct unlawful

employment practices on the bases of national origin and retaliation and to make whole Minerva

Matos. Ms. Matos, who is fluent in English, has a notable accent which results from her national

origin (Puerto Rico). Based on Ms. Matos’ manner of speaking English, Defendant reassigned

Ms. Matos from her position as receptionist. This involuntary reassignment to a different

position resulted in less hours scheduled and less pay. In addition, Defendant terminated Ms.

Matos’ employment in retaliation for her filing of a charge of discrimination with the Equal

Employment Opportunity Commission.

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 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, et seq. ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. Section 1981 A. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Maryland, Southern Division. 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, Sligo Creek Nursing & Rehabilitation Center, Inc. (“Defendant Sligo Creek”), has continuously been and is now a Maryland corporation doing business in the state of Maryland and the city of Takoma Park and has at least fifteen employees. 5. At all relevant times, Defendant Sligo Creek 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. Section 2000e-(b), (g), and (h). 6. More than thirty days prior to the institution of this lawsuit, Minerva Matos filed a charge with the Commission alleging violations of Title VII by Defendant Sligo Creek. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least December 9, 2002, Defendant Sligo Creek has engaged in unlawful employment practices at its Takoma Park, Maryland facility, in violation of Sections 703(a) and
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704(a) of Title VII, 42 U.S.C. Sections 2000e-2(a) and 2000e-3(a). The practices include: a. reassigning Ms. Matos from the position of Receptionist to Geriatric Nurse Assistant because of her national origin (Puerto Rican). The reassignment resulted in a decrease in the number of hours worked and wages earned; and b. ceasing to schedule Ms. Matos altogether, thereby terminating her employment in retaliation for filing a charge of discrimination with the Equal Employment Opportunity Commission. 8. The unlawful employment practices complained of in paragraph 7 were
intentional. 9. The unlawful employment practices complained of in paragraph 7 were done with
malice or with reckless indifference to the federally protected rights of Minerva Matos.
WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Sligo Creek, its officers, successors, assigns and all persons in active concert or participation with it, from discriminating against individuals on the basis of national origin and retaliating against individuals for participating in protected activity; B. Order Defendant Sligo Creek to institute and carry out policies, practices, and programs which provide equal employment opportunities for individuals regardless of their national origin or whether they have engaged in protected activity, and which eradicate the effects of its past and present unlawful employment practices;
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C. Order Defendant Sligo Creek to make whole Minerva Matos by providing appropriate back pay with prejudgment interest and front pay 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 reinstatement;
D. Order Defendant Sligo Creek to make whole Minerva Matos by providing compensation for pecuniary and nonpecuniary losses, including emotional pain, suffering, anxiety, depression, embarrassment, degradation, and humiliation;
E. Order Defendant Sligo Creek to pay to Minerva Matos punitive damages for its callous indifference to their federally protected right to be free from national origin discrimination and retaliation in the workplace;
F. Grant such further relief as the Court deems proper; and G. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the Complaint.
Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
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/s/ GERALD S. KIEL Regional Attorney
/s/ DEBRA M. LAWRENCE Supervisory Trial Attorney
/s/ MARIA LUISA MOROCCO Trial Attorney Federal Bar No. 24357
/s/ MARIA SALACUSE Trial Attorney Federal Bar No. 15562 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 10 S. Howard Street, 3rd Floor Baltimore, Maryland 21201 (410) 962-4341
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 UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MARYLAND SOUTHERN DIVISION

)

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

) SLIGO CREEK NURSING & REHABILITATION)

CENTER, INC.,

)

)

Defendant.

)

-------------------------------)

Civil Action No: RWT-03-2654

CONSENT DECREE

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

Commission (the "EEOC" or the "Commission"), against Defendant Sligo Creek Nursing &

Rehabilitation Center, Inc., (hereinafter "Defendant"), alleging that Defendant violated Sections

703(a) and 704(a) of Title VII, 42 U.S.C. Sections 2000e-2(a) and 2000e-3(a), when it reassigned

Minerva Matos from the position of Receptionist to Geriatric Nurse Assistant because of her

national origin (Puerto Rican) and ceased to schedule Ms. Matos altogether, thereby terminating

her employment, in retaliation for filing a charge of discrimination with the Equal Employment

Opportunity Commission. Defendant filed an Answer denying the allegations.

The Commission and Defendant 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.

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 consideration of the record herein and being fully advised in the premises, it is ORDERED, ADJUDGED AND DECREED:
I. 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 Minerva Matos.
2. Defendant, its officers, agents, servants, employees, successors, assigns, and all persons acting or claiming to act on its behalf are hereby enjoined from discriminating on the basis of national origin. Such discrimination violates Title VII, which, in part, is forth below:
It shall be an unlawful employment practice for an employer -(1) to discriminate against any individual with respect to [her] ... terms, conditions, or privileges of employment, because of such individual's ... national origin .... 42 U.S.c. § 2000e-2(a). Defendant, its officers, agents, servants, employees, successors, assigns, and all persons acting or claiming to act on its behalf are further enjoined from retaliating against any employee of Defendant who complains of discrimination, as set forth in the following provision: 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).
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3. Within ten days after entry of this Decree, Defendant will pay a total amount of $17,500 to Minerva Matos, consisting of $2,500 in back wages and $15,000 in compensatory damages, in full settlement of this case. Defendant will issue a W-2 form and a Form 1099 to Ms. Matos reflecting these two payments respectively.
4. Within 90 days after the entry of this Decree, all employees of Defendant, shall be required to attend a training program lasting at least two hours for managers and at least one hour for non-managerial employees regarding equal employment opportunity rights and responsibilities, with a focus on national origin discrimination and retaliation. All new management employees will receive the training described above within 30 days of hire or promotion. This will be in place for a six month period of time. Within seven days after each component of the training described above has been completed, Defendant will provide certification to Commission counsel that such training has been provided, including the identity ofthe provider, the date and location ofthe training, the name(s) of the trainee(s), and the number of hours of training.
5. Upon approval ofthis Decree, Defendant 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 a period of six months from the date of posting and shall be signed by a responsible official of Defendant with the date of actual posting shown thereon. Should the Notice become defaced, marred, or otherwise made unreadable, Defendant 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, Defendant shall forward to the EEOC's attorney of record a copy of the signed Notice attached hereto and written
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certification that the Notice referenced herein has been posted and a statement of the location(s)

and date of posting.

6. The Commission and Defendant shall bear their own costs and attorneys' fees.

7. This action is dismissed with prejudice and the Clerk of the Court is directed to

remove this action from the Court's docket.

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:
.:/Yi--J'::f L f~UA.v L---
Jeffrey J. Pargarnent, Esq. Piliero, Mazza & Pargament, PLLC Farragut Square 888 17th Street, NW, Suite 1100 Washington, DC 20006

awrence Supervisory Trial Attorney

Maria Salacuse Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Baltimore District Office 10 S. Howard Street, 3d Floor Baltimore, Maryland 21201 (410) 962-4341
SO ORDERED.
Signed and entered this _ day of _ _ _ _ _ _, 2004.

United States District Court Judge
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

This Notice is being posted as part of an agreement between the Equal Employment Opportunity Commission ("EEOC") and Sligo Creek Nursing & Rehabilitation Center, Inc. ("Sligo Creek").
Under Section 703(a) of Title VII, it is unlawful for an employer to "discriminate against any individual with respect to his [or her] ... terms, conditions, or privileges ofemployment because ofsuch individual's ... national origin ...." 42 U.S.C. §2000e-2(a).
Under Section 704(a) of Title VII, "it shall be an unlawful employment practice for an employer to discriminate against any of his employees ... because he [or she] 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).
Therefore, in accordance with the applicable law:
SLIGO CREEK WILL NOT engage in any acts or practices made unlawful by the above sections.
SLIGO CREEK WILL NOT engage in any discrimination on the basis of national origin.
SLIGO CREEK WILL NOT retaliate against employees for complaining about discrimination.

Sligo Creek's policy provides that persons who believe that they have been subjected to unlawful discrimination may report it to their supervisor, department manager or Administrator. In addition, Sligo Creek's Human Resources office may be contacted.
If you have a complaint of employment discrimination or questions regarding laws prohibiting employment discrimination, you may seek assistance from the EEOC by visiting the EEOC's Baltimore District Office at 10 S. Howard Street, 3rd Floor, Baltimore, Maryland 21201 or by calling (410) 962-3932. General information may also be obtained on the Internet at www.eeoc.gov.
Bob Spencer, Administrator Sligo Creek Nursing & Rehabilitation Center, Inc.
Date Posted:

 
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U.S. District Court District of Maryland (Greenbelt) CIVIL DOCKET FOR CASE #: 8:03-cv-02654-RWT

CLOSED

EEOC v. Sligo Creek Nursing & Rehabilitation Center, Inc. Assigned to: Judge Roger W Titus Referred to: Magistrate Judge Charles B. Day (Settlement) Cause: 42:2003 Job Discrimination

Date Filed: 09/16/2003 Date Terminated: 06/15/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Maria Salacuse U S Equal Employment Opportunity Commission Baltimore Field Office 10 S. Howard Street, 3rd Floor Baltimore, MD 21201 14102092733 Fax: 14109624341 Email: maria.salacuse@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Debra Michele Lawrence U S Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14102092734 Fax: 14109624270 Email: debra.lawrence@eeoc.gov ATTORNEY TO BE NOTICED

Gerald S Kiel US Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624207 Fax: 14109624270 Email: gerald.kiel@eeoc.gov

Gwendolyn Young Reams U S Equal Employment Opportunity Commission

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V.
Defendant Sligo Creek Nursing & Rehabilitation Center, Inc.

City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624260 Fax: 14109622817
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
represented by Jeffrey Jules Pargament Pargament and Hallowell PLLC 1776 K St NW Ste 825 Washington, DC 20006 12027750707 Fax: 12027750733 Email: jpargament@pandhlaw.com ATTORNEY TO BE NOTICED

Date Filed 09/16/2003
09/16/2003 09/16/2003 10/09/2003
10/20/2003 10/30/2003

#

Docket Text

1 COMPLAINT against Sligo Creek Nursing & Rehabilitation Center, Inc. , filed by Equal Employment Opportunity Commission.(ljs, Deputy Clerk) (Entered: 09/16/2003)
JURY TRIAL DEMAND by Equal Employment Opportunity Commission. (ljs, Deputy Clerk) (Entered: 09/16/2003)
2 Summons Issued (20 days) as to Sligo Creek Nursing & Rehabilitation Center, Inc.. (ljs, Deputy Clerk) (Entered: 09/16/2003)
3 SUMMONS Returned Executed by Equal Employment Opportunity Commission. Sligo Creek Nursing & Rehabilitation Center, Inc. served on 10/1/2003, answer due 10/21/2003. (Salacuse, Maria) (Entered: 10/09/2003)
4 ANSWER to Complaint by Sligo Creek Nursing & Rehabilitation Center, Inc..(Pargament, Jeffrey) (Entered: 10/20/2003)
5 SCHEDULING ORDER: Status Report due by 3/15/2004.. Signed by Judge Alexander Williams Jr. on 10/20/2003. (elt, Deputy Clerk) (Entered: 10/30/2003)

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11/20/2003
11/20/2003 11/24/2003 11/24/2003 11/24/2003 12/01/2003 12/11/2003 12/12/2003 12/16/2003
12/19/2003
03/10/2004 03/16/2004 03/16/2004
05/28/2004 06/02/2004

6 ORDER REFERRING CASE to Magistrate Judge Charles B. Day for settlement. Signed by Judge Alexander Williams Jr. on 11/20/03. (jmw, Chambers) (Entered: 11/20/2003)
7 Correspondence re: scheduling settlement conference. Reply requested. (bab, Chambers) (Entered: 11/20/2003)
8 Local Rule 103.3. (Pargament, Jeffrey) (Entered: 11/24/2003)
Case Reassigned to Judge Roger W Titus. Judge Alexander Williams no longer assigned to the case. (jc, Deputy Clerk) (Entered: 11/25/2003)
9 Correspondence from Clerk of Court re: Reassignment. (jc, Deputy Clerk) (Entered: 11/25/2003)
10 Letter/ORDER scheduling settlement conference. Signed by Judge Charles B. Day on 12/01/2003. (c/m 12/02/03 et)(elt, Deputy Clerk) (Entered: 12/02/2003)
Settlement Conference held before Judge Charles B. Day. (bab, Chambers) (Entered: 12/11/2003)
11 Follow-up Settlement Conference - setting (bab, Chambers) (Entered: 12/12/2003)
12 Joint MOTION to Stay Case 3 Months & For Issuance of Revised Scheduling Order by Equal Employment Opportunity Commission. Responses due by 1/2/2004 (Attachments: # 1 Text of Proposed Order)(Salacuse, Maria) (Entered: 12/16/2003)
13 ORDER granting 12 Motion to Stay, directing Clerk to Administratively Close the case; and upon Plaintiff's motion to reopen case, the Court will issue a revised Scheduling Order. Signed by Judge Roger W Titus on 12/19/2003. (c/m 12/22/03 et) (elt, Deputy Clerk) (Entered: 12/22/2003)
14 MOTION to Reopen Case by Equal Employment Opportunity Commission. Responses due by 3/29/2004 (Salacuse, Maria) (Entered: 03/10/2004)
15 ORDER granting 14 Motion to Reopen Case. Signed by Judge Roger W Titus on 03/16/2004. (c/m 3/16/04 et) (elt, Deputy Clerk) (Entered: 03/16/2004)
16 SCHEDULING ORDER: Status Report due by 7/29/2004.. Signed by Judge Roger W Titus on 03/16/2004. (c/m 3/16/04 et)(elt, Deputy Clerk) (Entered: 03/16/2004)
17 SETTLEMENT AGREEMENT Consent Decree by Equal Employment Opportunity Commission. (Salacuse, Maria) (Entered: 05/28/2004)
18 Consent Decree and "Approval" Signed by Judge Roger W. Titus on 6/1/04 (c/m)(ajh, Deputy Clerk) (Entered: 06/03/2004)

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