UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MARYLAND NORTHERN DIVISION

)

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

Baltimore District Office

)

10 S. Howard Street, 3rd Fl.

)

Baltimore, Maryland 21201

)

)

Plaintiff,

)

)

v.

)

)

PERFORMANCE FOOD GROUP (PFG)

)

COMPANY d/b/a CARROLL COUNTY FOODS, )

1333 Avondale Road,

)

New Windsor, Maryland 21776

)

)

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 basis of sex and to make whole Rhonda L. Chalk and other

qualified female applicants who were denied employment as CDL Drivers by Defendant

Performance Food Group (PFG) Company d/b/a Carroll County Foods.

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, Northern 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, Performance Food Group (PFG) Company d/b/a Carroll County Foods ("Defendant") has continuously been and is now a Tennessee corporation doing business in the state of Maryland and the city of New Windsor and has at least fifteen employees.
5. At all relevant times, Defendant 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, Rhonda L. Chalk 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 August 6, 2000, Defendant Employer has engaged in unlawful employment practices at its New Windsor, Maryland facility, in violation of Sections 703(a) of Title VII, 42 U.S.C. Section 2000e-2. The practices include denying employment to Rhonda L. Chalk and other qualified female applicants because of their sex.
8. The unlawful employment practices complained of in paragraph 7 were intentional.
2

9. The unlawful employment practices complained of in paragraph 7 were done with malice or with reckless indifference to the federally protected rights of Rhonda L. Chalk and other female applicants.
10. Since at least November 2001, Defendant Employer has failed, in violation of Section 709(c) of Title VII, 42 U.S.C. § 2000e-8(c), to make and preserve records relevant to the determination of whether unlawful employment practices have been or are being committed.
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 denying employment to qualified female applicants because of their sex; B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects of its past and present unlawful employment practices; C. Order Defendant Employer to make whole Rhonda L. Chalk and other qualified female applicants denied employment 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, rightful place employment; D. Order Defendant to make whole Rhonda L. Chalk and other qualified female applicants denied employment by providing compensation for pecuniary and nonpecuniary losses, including emotional pain, suffering, anxiety, depression, embarrassment, degradation, and humiliation;
3

E. Order Defendant Employer to pay to Rhonda L. Chalk and other qualified female applicants denied employment punitive damages for its callous indifference to their federally protected right to be free from sex discrimination in the workplace;
F. Order Defendant Employer to make and preserve all records, in accordance with the provisions of Section 709(c) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-8(c), relevant to the determination of whether unlawful employment practices have been or are being committed;
G. Grant such further relief as the Court deems proper; and H. 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, GWENDOLYN YOUNG REAMS Associate General Counsel
/s/ GERALD S. KIEL Regional Attorney
/s/ DEBRA M. LAWRENCE Supervisory Trial Attorney
4

/s/ MARIA SALACUSE Trial Attorney MD Bar No. 15562 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 10 S. Howard Street, 3rd Floor Baltimore, Maryland 21201 (410) 962-4341
5

 
 UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MARYLAND NORTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Baltimore District Office 10 S. Howard Street, 3rd Fl. Baltimore, Maryland 21201
Plaintiff,
v.
CARROLL COUNTY FOODS, INC., 1333 Avondale Road, New Windsor, Maryland 21776
Defendant.

)

)

)

)

)

)

Civil Action No.

)

MJG-03-CV-1698

)

)

AMENDED 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 basis of sex and to make whole Rhonda L. Chalk and other

qualified female applicants who were denied employment as CDL Drivers by Defendant Carroll

County Foods, Inc.

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, Northern 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, Carroll County Foods, Inc., ("Defendant") has continuously been and is now a Maryland corporation doing business in the state of Maryland and the city of New Windsor and has at least fifteen employees.
5. At all relevant times, Defendant 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, Rhonda L. Chalk 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 August 6, 2000, Defendant Employer has engaged in unlawful employment practices at its New Windsor, Maryland facility, in violation of Sections 703(a) of Title VII, 42 U.S.C. Section 2000e-2. The practices include denying employment to Rhonda L. Chalk and other qualified female applicants because of their sex.
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 Rhonda L. Chalk and
2

other female applicants. 10. Since at least November 2001, Defendant Employer has failed, in violation of
Section 709(c) of Title VII, 42 U.S.C. § 2000e-8(c), to make and preserve records relevant to the determination of whether unlawful employment practices have been or are being committed.
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 denying employment to qualified female applicants because of their sex; B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects of its past and present unlawful employment practices; C. Order Defendant Employer to make whole Rhonda L. Chalk and other qualified female applicants denied employment 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, rightful place employment; D. Order Defendant to make whole Rhonda L. Chalk and other qualified female applicants denied employment by providing compensation for pecuniary and nonpecuniary losses, including emotional pain, suffering, anxiety, depression, embarrassment, degradation, and humiliation; E. Order Defendant Employer to pay to Rhonda L. Chalk and other qualified female
3

applicants denied employment punitive damages for its callous indifference to their federally protected right to be free from sex discrimination in the workplace;
F. Order Defendant Employer to make and preserve all records, in accordance with the provisions of Section 709(c) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-8(c), relevant to the determination of whether unlawful employment practices have been or are being committed;
G. Grant such further relief as the Court deems proper; and H. 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, GWENDOLYN YOUNG REAMS Associate General Counsel
/s/ GERALD S. KIEL Regional Attorney
/s/ DEBRA M. LAWRENCE Supervisory Trial Attorney
4

/s/ MARIA SALACUSE Trial Attorney MD Bar No. 15562 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 10 S. Howard Street, 3rd Floor Baltimore, Maryland 21201 (410) 962-4341 (phone)
CERTIFICATE OF SERVICE I hereby certify that a copy of Plaintiff’s Amended Complaint was mailed via Federal Express, postage prepaid, this 1st day of July 2003 to the attorney of record for Carroll County Foods, Inc., D. Eugene Webb, Jr., Troutman Sanders, LLP, Bank of America Center, 1111 East Main Street, Richmond, Virginia 23219.
/s/ MARIA SALACUSE
5

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

EQUAL EMPLOYMENT OPPORTUNITY * COMMISSION
* Plaintiff
* vs.
* PERFORMANCE FOOD GROUP (PFG) d/b/a CARROLL COUNTY FOODS, INC.

CIVIL ACTION NO. MJG-03-1698 *

Defendant

*

*

*

*

*

*

*

*

*

*

ORDER
For the reasons stated on the record of proceedings held
in this matter on this date:
1. Plaintiff's Motion for Partial Summary Judgment by Equal Employment Opportunity Commission [Paper 15] is DENIED.

2. Defendant's Motion for Summary Judgment by Carroll County Food [Paper 18] is DENIED.

3. By separate Orders:

a. The case shall be referred to a Magistrate Judge for ADR proceedings.

b. Trial shall be scheduled to commence on a date in the period from June 21 to July 16, 2004.

SO ORDERED, on Friday, April 16, 2004

/ s / Marvin J. Garbis United States District Judge

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

EQUAL EMPLOYMENT OPPORTUNITY * COMMISSION
* Plaintiff
* vs.
* PERFORMANCE FOOD GROUP (PFG) d/b/a CARROLL COUNTY FOODS, INC.

CIVIL ACTION NO. MJG-03-1698 *

Defendant

*

*

*

*

*

*

*

*

*

*

CORRECTED ORDER
For the reasons stated on the record of proceedings held
in this matter on this date:
1. Plaintiff's Motion for Partial Summary Judgment by Equal Employment Opportunity Commission [Paper 15] is DENIED.

2. Defendant's Motion for Summary Judgment by Carroll County Food [Paper 18] is GRANTED IN PART AND DENIED IN PART. Defendant is granted summary judgment as to Ms. Palmer only.

3. By separate Orders:

a. The case shall be referred to a Magistrate Judge for ADR proceedings.

b. Trial shall be scheduled to commence on a date in the period from June 21 to July 16, 2004.

SO ORDERED, on Friday, April 16, 2004

/ s / Marvin J. Garbis United States District Judge

 
 ~ UNITED TATES DISTRICT COURT FORTHE DIS cr OFMARYLAND
N' RTHERN DMSION

EQUALEMPLOYMENTOPPORTU~

COMMISSION,

I i

Plaintiff,
v.

CARROLL COUNTY FOODS, INC.,

Defendant.

)

)

)

)

)

)

)

Civil Action No. MJG-O3-CV-1698

) ) )

CONSENT DECREE This actionwasinstitutedby Plaintiff, the U.S. Equal EmploymentOpportunity Commission(the"EEOC"or the"Co~ssion"), againsDt efendanCt arrollCountyFoods ("Defendant"), allegingthat Defendantviolated Sections703(a)and709(c)of Title vn of the Civil Rights Act of 1964("Title W'), asamended,42 U.S.C. §§ 2000e-2,2000e-8(c),by
!
denyingemploymentto qualified femat applicantsbecauseof their sexandby failing to make andpreserverecordsrelevantto the detemrinationof whetherunlawful employmentpractices
havebeenor arebeingcommitted.
The CommissionandDefendantdesireto resolvethis actionwithout thetime and expenseof continuedlitigation, andthe)'desireto fonnulatea plan to be embodiedin a Decree which will promoteandeffectuatethePUIpOseosf Title Vll.
The Court hasexaminedthis Depreeandfindsthat it is reasonableandjust andin accordancewith the FederalRulesof Cfil ProcedureandTitle vn. Therefore,upondue

~

considerationof the recordhereinandbeingfully advisedin thepremises,it is ORDERED.

ADJUDGED AND DECREED:

S~e ~fDecree 1 This Decreeresolvesall issuesandclaims in the AmendedComplaintfiled by the

Commissionin this Title vn actionwhich em~~tcd from the ChargeofDiscrimin91:1onfiled by

RhondaL. Chalk.
2. This Decreeshall be in effect for a period of three)'earSfrom the dateit is entered

by the Court. During that time, this Court shall retainjurisdiction over this matteran" theparties

for purposesof enforcingcompliancewith the Decree,including issuingsuchorden asmaybe

requiredto effectuatethe purposesof the Decree.
3. This Decree,beingenteredwith the consentof the EEOCandDefendant,shall not

constitutean adjudicationor finding on the merits of thecase.

Monetary Relief

4

Defendantshall pay thetotal settlementamountof 5350,000.00to be distributed

to theclassmembenidentifiedbelow:

a. RhondaChalk
b. PamelaAurand c. Holly Litchauer

d. Robin UttCrDlohlen

e. Cathy Corbin

,.

Karen Palmer

g. KatinaHuff

2

5

Within five daysof entryof this decree,the Commissionwill provide Defendant

with the amountsto be distributedto eachclassmemberidentified in paragraph4, indicating

whetherthe amountsconstitutebackpayand/or.compensatorydamages.
6. Within ten daysof receiptthe amountsto be paid, Defendantshall mail all checks,
cashier'schecks,or moneyordersdirectly to eachclassmemberidentified. Within ten daysof

payment,Defendantwill submit a copy of eachcheckandrelatedcorrespondenceto the EEOC.

Baltimore District Office, 10 S. Howard Street,3MFloor, Baltimore,Maryland21201
7. Defendantwill issueto eachidentified classmelilberW-2 forms for backpay
amountsand/orUnited StatesInternalRevenue1099Formsfor compensatorydamagesamounts.

miunctiveRelief

8.

Defendant,its officers, agents,servants,employeesandall personsactingor

claiming to act in its behalf andinterestherebyagreeto comply with theprovisionsof Title vn

andagreein this Decreeto be enjoined,andareenjoined,from refusingto hire femaleapplicants

for employmentbecauseof their sexandfrom utilizing disparatequalificationsfor male and

femaleapplicants. Suchsex-baseddiscrimination violatesTitle vn. which, in part, is forth

below
It shall be an unlawful employmentpracticefor an employer-(1) to 'fail or refuseto hire . . . or otherwiseto discr_i mmateagainstany
individual with respectto [her] . . .tenns»conditions»or privilegesof
cmploymen~becauseof suchindividual»s. . . sex . . .

42 U.S.C. § 2000e-2(a). Defendantits officers, agents,servants,employeesandall persons

acting or claiming to act in its behalf aM interestarc further enjoinedfrom failing to comply with

the recordkeepingprovisions of Title vU:

3

Every employer.. . shall (1) makeandkeepsuchrecordsrelevantto the dctennin&tionsofwhcthcr 1U1lawfuelmploymentpracticeshavebeenarebeing committed,(2) preservesuchrecordsfor suchperiods,and(3) makesuch reportstherefromasthe Commissionshall prescn'beby regulationor order.. . .42U.S.C. § 2000e-8(c).
9. Defendantwill provide, within sixty daysfrom the dateof entry of theDecree,no
fewerthanthreehoursof training in federa11awpsrohibiting discrimination in employmentfor all currentofficerst managerstsupervisorsandemployees.This training shall be conductedby an outsideconsultantor law firm approvedby the EEOCtwhich approvalshall not be umcasonably withheld. For the durationof the Decree,Defendantshallprovide this sametraining to all newly hired officers, managers,supervisors,andemployees,assetforth herein. Within ten (10) businessdaysof providing eachsuchtraining session,Defendantwill furnish EEOCwith a signedattendancelist, the dateanddurationof the training, an outline of the training conducted, anda certification of completionof the mandatorytraining.
10. Defendantwill take adequatemeasUresto achievethe following goals: 8. the developmentof defined,uniform, objective,job-relatedqualifications for the positions or CDL Driver and Driver Helper;
b. the implementationof objective,defined, uniforDl, andpublished
procedures for hiring;
c. theimplementatioonf definedandconsistenjot b application~, rd-
keeping,andrecordsretentionprocedures,including the developmentand retentionof applicantflow data;and
4

d. the affirmative recruitmentof qualified femalesin orderto enhancethe

number of q~fied I
Driver Helper.

female applicants for the positions of CDL Driver and

NoticePosting

11. Within ten daysafter ertayof this Decree,Defendantwill post theNotice attached

heretoin all placeswherenoticesto employeesarecustomarilypostedat its facility. The Notice

shallbe postedandmaintainedfor the durationof theDecreeand shall be signedby the President

of Defendant,GeorgeDwight Gorsuch,andthe Vice Presidentof HumanResources,Steven

Stacharowski,with thedateof actualposting shownthereon. Shouldthe Notice becomedefaced, marred,or othelWisemadeunreadable,Defendantwill ensurethat new readablecopiesof the

Notice arepostedin the samemannerasheretoforespecified. Within thirty daysof entry of the

Decree,Defendantshall forward to theiEEoc' s BaltimoreDistrict Office, a copy of the signed Notice andwritten certification that theNotice referencedherein hasbeenpostedanda statement of the location(s)anddateof posting.

Reoortin2& ~tioa 12. Beginning on the first dBtY of the quarter(October,Janumy,April or July) immediatelyfollowing the entryof the pecree andcontinuingon Defendantwill su9mit to the Commission'sBaltimore District Offic, a quarterlyreport,detailing its activitieswith respectto therecruitmenat ndhiringof emplo~ bothmaleandfemale,for thepositionsof CDLDriver andDriverHelper,alongwith its pro~ in meetingthegoalsoutlinedin paragraph10. 13. hr addition to furnishing the above-referencedreports,Defendantagreesthat EEOCmay monitor compliancewith the ConsentDecreethroughoutthe durationof the Decree

5

by conductingunannouncedauditsofDefendant.s facilities andrecords.andby interviewing employeesat a reasonabletime. Defendantagreesto make availablefor inspectionandcopying any records reasonably related to the implementation of this Decree. Such monitoring shall not
\ unduly interferewith Defendant'snormal businessoperationsandprocedures.
14. The Co!J1~issionandDefendantshall beartheir own costsandattorneys'fees 15. The undersignedcounselof recordin the abovc-captioncdactionherebyconsent,
on behalf of their respectiveclients,to the entry of the foregoingConsentDecree.

FORDBFENDJ"

FOR PLAINTIFF:

~d SN.el
Regional Attorney
'I
9
. Lawrence V ~I.
SuptrvisoryTrial Attorney

~~~~~~

Trial Attorney
EQUALEMPLOYMENT OPPORTUNITY COMMISSION Baltimore District Office 10 S. Howard Street,3d Floor Baltimore, Maryland 21201 (410) 962-4341
6

/

SO ORDERED. Signedandenteredthis!!:..~ of. June

2004.

/s/ UnitedStatesDistrictComtJudge MarvinJ. Garbis

7

This Notice is beingpostedaspart of theresolutionof a lawsuit filed by the Equal EmploymentOpportunity Commission("EEOCj againstCarroll CountyFoods, Inc. in the United StatesDistrict Court for the District of Maryland ffiEOC v. Carroll Countv Foods. Inc.. Civil Action No. MJG-O3-1698). TheEEOCbrought this action to enforce provisions of Title VB of the Civil RightsAct of 1964which prohibit discrimination on the basisof sex.
Carroll County FoodsWILL NOT engage in any acts or practices made unlawful under Title VII.
Carroll County Foods WILL conduct its hiring practices without regard to the sexof an applicant and ensure that females are given equaL encouragement and opportunities to assume the positions of CDL driver and driver helper.

Carroll CountyFoods' policy providesthatpersons who believe that they havebeen subjectedto sexbasedor otherunlawful discriminationmayreportit
by:
callingCarrollCountyFoods'Hotlineat 1-800-634-3364. reportingit to Carroll CountyFoods'Human Resourcesoffice which is located at 1333 Avondale Road, New Windsor, Maryland 21776 andmay be reachedby calling (410) 876-2113or reporting it to any Carroll County Foods' manageror Vice President.
If you have a complaint of employment discrimination or questions regarding laws prohibiting employment discrimination, }UU may seek assistancefrom the EEOC by visiting the EEOC's Baltimore District Office at 10 S. Howard Street,3rdFloor, Baltimore, Maryland 21201or by calling (410) 962-3932. Generalinformation may alsobe obtainedon the Internetat www.eeoc.~ov.

Carroll County Foods WILL NOT tolerate comments based on gender stereotyping in the workplace.

GeorgeDwight Gorsuch,President Can'OllCounty Foods,Inc.

Carroll County Foods WILL take all

complaints of discrimination in the workplace seriously and address them

StevenStacharowski Vice Presidentof HumanResources

I

appropriately.

Cam>llCounty Foods,Inc.

DatePosted;

r

I

 
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CASREF, CLOSED
U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:03-cv-01698-MJG

EEOC v.Carroll County Foods Assigned to: Judge Marvin J. Garbis Referred to: Magistrate Judge Beth P. Gesner (Settlement) Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 06/10/2003 Date Terminated: 06/04/2004 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 Carroll County Foods

City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624260 Fax: 14109622817
represented by Kristina H Vaquera Troutman Sanders LLP 222 Central Park Avenue Suite 2000 Virginia Beach, VA 23462 17576877723 Fax: 17576871528 Email: kristina.vaquera@troutmansanders.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
D Eugene Webb, Jr Troutman Sanders LLP 1111 E Main St Richmond, VA 23219 18046971250 Fax: 18046971339 ATTORNEY TO BE NOTICED
Mary Leslie Parpart Troutman Sanders LLP 1111 E Main St Richmond, VA 23219 18046971313 Fax: 18046986035 ATTORNEY TO BE NOTICED

Date Filed 06/10/2003 06/10/2003 06/10/2003

#

Docket Text

1 COMPLAINT against Performance Food Group (PFG) Company , filed by Equal Employment Opportunity Commission.(ljs, Deputy Clerk) (Entered: 06/10/2003)
JURY TRIAL DEMAND by Equal Employment Opportunity Commission. (ljs, Deputy Clerk) (Entered: 06/10/2003)
2 Summons Issued (20 days) as to Performance Food Group (PFG) Company. (ljs, Deputy Clerk) (Entered: 06/10/2003)

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06/23/2003
07/01/2003
07/11/2003
07/14/2003 07/16/2003 07/18/2003 07/30/2003 11/18/2003 11/19/2003
11/21/2003 11/24/2003 11/26/2003 12/23/2003
12/23/2003
01/09/2004 01/09/2004

3 SUMMONS Returned Executed by Equal Employment Opportunity Commission. Performance Food Group (PFG) Company served on 6/13/2003, answer due 7/3/2003. (mms, Deputy Clerk) Additional attachment(s) added on 8/29/2003 (jnl, Deputy Clerk). (Entered: 06/23/2003)
4 AMENDED COMPLAINT against Performance Food Group (PFG) Company, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Redlined Amended Complaint)(Salacuse, Maria) (Entered: 07/01/2003)
5 ANSWER to Amended Complaint by Carroll County Foods.(mms, Deputy Clerk) Additional attachment(s) added on 8/28/2003 (jnls, Deputy Clerk). (Entered: 07/14/2003)
6 ECF Warning Letter. (mms, Deputy Clerk) (Entered: 07/14/2003)
7 SCHEDULING ORDER: Status Report due by 11/28/2003. Signed by Judge Marvin J. Garbis on 7/16/03. (mms, Deputy Clerk) (Entered: 07/16/2003)
8 CORRECTED SCHEDULING ORDER: Signed by Judge Marvin J. Garbis on 7/18/03. (mms, Deputy Clerk) (Entered: 07/18/2003)
9 STATUS REPORT by Carroll County Foods, Equal Employment Opportunity Commission. (Salacuse, Maria) (Entered: 07/30/2003)
10 MOTION of D. Eugene Webb, Jr., to Appear Pro Hac Vice by Carroll County Foods. (mcb, Deputy Clerk) (Entered: 11/19/2003)
11 MARGINAL ORDER granting 10 Motion of Defendant for D. Eugene Webb, Jr. to Appear Pro Hac Vice (Fee paid - Receipt #2294543 - for document #11 see #10). Signed by Clerk on 11/19/03. (mcb, Deputy Clerk) (Entered: 11/19/2003)
12 MOTION of Mary Leslie Parpart to Appear Pro Hac Vice by Carroll County Foods and approval signed by Clerk. (mcb, Deputy Clerk) (Entered: 11/21/2003)
13 FINANCIAL AFFIDAVIT by Carroll County Foods. (Parpart, Mary) (Entered: 11/24/2003)
14 STATUS REPORT Discovery by Carroll County Foods. (Parpart, Mary) (Entered: 11/26/2003)
15 MOTION for Partial Summary Judgment by Equal Employment Opportunity Commission. Responses due by 1/9/2004 (Attachments: # 1)(Lawrence, Debra) (Entered: 12/23/2003)
16 NOTICE by Equal Employment Opportunity Commission re 15 MOTION for Partial Summary Judgment filing lengthy exhibit (Lawrence, Debra) (Entered: 12/23/2003)
17 NOTICE by Carroll County Foods Notice of Filing Lengthy Exhibits (Parpart, Mary) (Entered: 01/09/2004)
18 MOTION for Summary Judgment by Carroll County Foods. Responses due by 1/26/2004 (Attachments: # 1 Memorandum)(Parpart, Mary) (Entered: 01/09/2004)

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01/21/2004
01/21/2004 01/21/2004
01/22/2004 02/04/2004 02/04/2004 04/16/2004
04/16/2004 04/16/2004
04/19/2004 05/03/2004 05/17/2004 06/03/2004 06/03/2004

19 RESPONSE in Opposition to Defendant's Motion for Summary Judgment and in Reply to Defendant's Response to Plaintiff's Motion for Partial Summary Judgment filed by Equal Employment Opportunity Commission. Replies due by 2/4/2004. (Lawrence, Debra) (Entered: 01/21/2004)
20 NOTICE by Equal Employment Opportunity Commission of Filing Lengthy Exhibits (Lawrence, Debra) (Entered: 01/21/2004)
21 MOTION to Strike Declaration of George Koenig by Equal Employment Opportunity Commission. Responses due by 2/9/2004 (Attachments: # 1 Memorandum in Support of Motion# 2 Text of Proposed Order)(Lawrence, Debra) (Entered: 01/21/2004)
22 MEMORANDUM AND ORDER denying 21 Motion of Plaintiff to Strike Declaration of George Koenig. Signed by Judge Marvin J. Garbis on 1/22/04. (mcb, Deputy Clerk) (Entered: 01/22/2004)
23 REPLY to Response to Motion re 18 MOTION for Summary Judgment filed by Carroll County Foods. (Parpart, Mary) (Entered: 02/04/2004)
24 NOTICE by Carroll County Foods Notice of Filing Lengthy Exhibits (Parpart, Mary) (Entered: 02/04/2004)
Motion Hearing re 18 MOTION for Summary Judgment filed by Carroll County Foods,"DENIED" in part and "GRANTED" in part 15 MOTION for Partial Summary Judgment filed by Equal Employment Opportunity Commission "DENIED" for reasons stated in open court. Held before Judge Marvin J. Garbis. (Court Reporter L. Bankins.) (pat, Deputy Clerk) (Entered: 04/16/2004)
26 ORDER denying 15 Motion of Plaintiff for Partial Summary Judgment, denying 18 Motion of Defendant for Summary Judgment. Signed by Judge Marvin J. Garbis on 4/16/04. (mcb, Deputy Clerk) (Entered: 04/20/2004)
27 CORRECTED ORDER GRANTING IN PART AND DENYING IN PART 18 MOTION for Summary Judgment filed by Carroll County Foods, and DENYING 15 MOTION for Partial Summary Judgment filed by Equal Employment Opportunity Commission. Signed by Judge Marvin J. Garbis on 4/16/04. (mcb, Deputy Clerk) (Entered: 04/20/2004)
28 ORDER REFERRING CASE to Magistrate Judge Beth P. Gesner for Settlement or other ADR conference. Signed by Judge Marvin J. Garbis on 4/19/04. (mcb, Deputy Clerk) (Entered: 04/20/2004)
29 LETTER ORDER SETTING date for a Settlement Conference. Signed by Judge Beth P. Gesner on 5/3/04. (mcb, Deputy Clerk) (Entered: 05/03/2004)
30 ORDER SETTING jury trial date for 7/6/04. Signed by Judge Marvin J. Garbis on 5/17/04. (mcb, Deputy Clerk) (Entered: 05/17/2004)
31 SETTLEMENT AGREEMENT /Consent Decree by Equal Employment Opportunity Commission. (Salacuse, Maria) (Entered: 06/03/2004)
32 CONSENT DECREE and approval. Signed by Judge Marvin J. Garbis on 6/3/04. (mcb, Deputy Clerk) (Entered: 06/03/2004)

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

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 EEOC LITIGATION SETTLEMENT REPORT - June 2004

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EEOC v. Performance Food Group d/b/a Carroll County Foods, Inc. No. MJG-03-cv-1698 (D. Md. June 3, 2004)
The Baltimore District Office filed this Title VII gender discrimination case alleging that a food service distributor in the Baltimore-Washington, DC area refused to hire women as delivery drivers. In 2001, defendant hired 44 men and 1 woman as drivers at its New Windsor, Maryland facility. Defendant's Transportation Manager told the female driver that her performance would determine whether any other women would be hired to drive. The woman had difficulties and ultimately quit in November 2001. That same month, charging party saw the vacancy advertised and applied for the position. Although CP had a commercial drivers license, prior delivery experience, and satisfied other posted criteria associated with the job, the Transportation Manager told her he would not be hiring any women because of a past bad experience with a female driver. Instead, he offered CP a lower-paying position in the warehouse, which she declined. Evidence corroborating this anti-female stance surfaced in the form of an email from the company's president to the Transportation Manager and HR Manager, which stated "I think we have experience that tells us female drivers will not work out. Making an offer (for driver or helper) to a female is not appropriate."
During the course of the lawsuit, defendant extended unconditional job offers to charging party and six other female applicants. The case was resolved by a three-year consent decree that requires defendant to pay a total of $350,000 in back pay and compensatory damages to seven class members. The decree enjoins defendant from refusing to hire female applicants for employment because of their sex and from utilizing disparate qualifications for male and female applicants. Defendant will develop defined, uniform, objective job-related qualifications for the driver and helper positions; implement objective hiring procedures; implement consistent job application, recordkeeping, and record retention procedures, including the development of applicant flow data; and affirmatively recruit qualified females to enhance the number of female driver and helper applicants. Defendant will submit quarterly reports to the EEOC detailing the results of its recruitment and hiring of male and female employees for the driver and helper positions. EEOC in turn can conduct unannounced audits of defendant's facilities and records to monitor compliance with the decree.

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