IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, 10 So. Howard Street Baltimore, Maryland 21201
Plaintiff,
v.
HOME QUALITY MANAGEMENT, INC. 2401 PGA Boulevard, Suite 155 Palm Beach, Florida 33410
Defendant.

) ) ) ) ) ) ) CIVIL ACTION NO. ) ) COMPLAINT ) ) ) ) JURY TRIAL DEMAND ) )

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991 to correct unlawful employment practices on the basis of sex and retaliation, and

to provide appropriate relief to Sara Pierce who was subjected to unlawful sexual harassment,

retaliation and constructive discharge. The Commission alleges that Home Quality Management, Inc.

is liable for discriminating against Ms. Pierce by engaging in the unlawful practices of subjecting

her to sex harassment, including but not limited to creating and maintaining a hostile work

environment, retaliation, and constructive discharge on the basis sex and in retaliation for

complaining of sexual harassment. As alleged with greater particularity in paragraph 7 below, this

individual was subjected to sexual harassment, including sexual advances and comments, and

retaliation for complaining about the harassment, making her working conditions so intolerable that

she was forced to resign her employment.

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3) and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A. 2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for District of Maryland.
PARTIES 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)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, has continuously been doing business in the State of Maryland and the City of Lexington Park 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. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit Sara Pierce 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 November 2000, Defendant Employer has engaged in unlawful
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employment practices in violation of Section 703(a) of Title VII, 42 U.C.S. §2000e-2(a) and 704(a) of Title VII, 42 U.S.C.§2000e-3(a) in that:
a) Defendant Employer has subjected Sara Pierce to a sexually hostile work environment on the basis of her sex. More particularly, Ms. Pierce has subjected to sexual advances, sexually suggestive gestures, lurid comments and sexual innuendo by an employee of Defendant Employer in violation of Section 703(a) of Title VII;
b) Defendant Employer has subjected Sara Pierce to a hostile work environment based on her opposition to practices made unlawful under Title VII, particularly for complaining about sexual harassment in the work place, in violation of 704(a) of Title VII.
c) As a result of the sexual harassment and opposition thereto, the conditions of employment were made so intolerable by Defendant Employer that Sara Pierce was forced to resign her position of employment in violation of 703(a) and 704(a) of Title VII.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Sara Pierce of equal employment opportunities and otherwise adversely affect their status as employees, because of her sex and otherwise adversely affect her status as an employee for engaging in federally protected activity of opposing practices made unlawful by Title VII.
9. The unlawful employment practices complained of in paragraph 7 above were and are intentional.
10. The unlawful employment practices complained of in paragraph 7 above were and are done with malice or with reckless indifference to the federally protected rights of Sara Pierce
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
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A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns and all persons in active concert or participation with it, from subjecting women to a sexually hostile work environment and engaging in any other employment practice which discriminates on the basis of sex or opposing activity made unlawful under Title VII.
C. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices, including: 1) the institution of effective sex harassment and non-retaliation policies; 2) the dissemination of the sex and non-retaliation policy to all its employees; and 3) mandatory training for all managers and all employees on the legal prohibitions regarding sex harassment and retaliation in the work place and the Defendant Employer’s sex harassment and non-retaliation policy.
D. Order Defendant Employer to make whole Sara Pierce by providing appropriate back pay with prejudgement interest, 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 or front pay in lieu thereof.
E. Order Defendant Employer to make whole Sara Pierce by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, in amounts to be determined at trial.
F. Order Defendant Employer to make whole Sara Pierce by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to determined at trial.
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G. Order Defendant Employer to pay punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
H. Order Defendant Employer to post a signed notice to all employees, conspicuously placed in Defendant's facility that sets forth the remedial action required by the Court and informs all employees that Defendant will not discriminate against any employee because of sex and that it will not take any action against employees because they opposed practices made unlawful under Title VII or have exercised their federally protected rights under Title VII.
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.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate Deputy General Counsel
/s/ GERALD S. KIEL Regional Attorney Bar No. 07770
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/s/ TRACY HUDSON SPICER Supervisory Trial Attorney Bar No. 08671
/s/ CECILE C. QUINLAN Senior Trial Attorney Bar No. 06072 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Baltimore District Office 10 S. Howard Street, S 3000 Baltimore, Maryland 21201 (410) 962-4239
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 UNITED STATES DISTRICT COURT

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HOME QUALITY MANAGEMENT, INC.

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Defendant.

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IZ:t> B - 13 ,:)113
Civil Action No. RDB-03Cv27P3

CONSENT DECREE This action was instituted on September 30, 2003, by the Equal Employment Opportunity Commission (the "Commission" or "EEOC"), against Home Quality Management, Inc., pursuant to
Title vn of the Civil Rights Act of 1964, as amended, 42 U.S.c. 2000e et seq., (''Title Vll") to
correct unlawful employment practices. EEOC's Complaint alleged that Defendant Home Quality Management, Inc ("Defendant"), discriminated against Sara Pierce by subjecting her to a sexually hostile work environment and retaliation resulting in her constructive discharge.
The Commission and the Defendant desire to resolve this action and all issues raised by the Complaint without the time and expense of further contested litigation. The parties also desire to formulate a plan to be embodied in a Decree that will promote and effectuate the purposes of Title VIT.
For the purposes ofresolving this action, the Defendant admits that the Court has jurisdiction over this action, and that all statutory and jurisdictional prerequisites to suit have been satisfied.
The Court has examined this Decree and finds that it is reasonable and just and in accordance

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I i

with the Federal Rules of Civil Procedure and Title VII. Therefore, upon due consideration of the record herein and being fully advised of the premises, it is ORDERED, ADJUDGED AND DECREED:
1. This Decree constitutes full discharge and satisfaction of any and all claims which have been alleged in the Complaint filed in this Title VII action by the EEOC based on the charge of discrimination filed by Sara Pierce, Charge No. 120-2002-10015, against Defendant and the Commission's Determination on this charge.
INDIVIDUAL RELIEF 2. Defendant will pay damages to Sara Pierce in the total amount ofthirty thousand dollars ($30,000) in full settlement of this case in accordance with the provisions set forth below: A. Within ten (10) days of the execution of this Decree Defendant will pay to Sara Pierce compensatory damages in the amount of five thousand dollars ($5,000). Thereafter, for the subsequent five (5) consecutive months, Defendant will pay to Sara Pierce compensatory damages in incremental amounts of five thousand dollars ($5,000) due on the first day of each subsequent consecutive month. Defendant will issue a Form 1099 to Sara Pierce reflecting these payments totaling thirty thousand dollars ($30,000 ). B. Defendant agrees that these amounts shall be paid by check to the order of Sara Pierce and shall be forwarded to Sara Pierce at her address, to be supplied by the Commission, by overnight mail with signatory receipt required. C. Within five (5) days ofeach payment, Defendant shall send to the Commission's attorney of record a copy of the check along with a copy of the overnight delivery receipt. D. Failure to make any payment on the dates set for payment in subparagraph 2A above,
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shall constitute a material breach ofthe parties' agreement and noncompliance with this Decree for which Defendant shall pay liquidated damages and sanctions to Sara Pierce in the amount of two hundred dollars ($200) per day for each day Defendant is late in making payments as set forth in subparagraph 2A.
3. Defendant shall remove any records and documents from the personnel files of Sara Pierce, wherever maintained, relating to the filing ofa charge ofdiscrimination with the Commission or the Commission's lawsuit against Defendant.
EQUITABLE RELIEF 4. Defendant, their agents, officers, successors or assigns shall be, and hereby are, enjoined and restrained from engaging in any employment practice that discriminates against any person because of sex, including maintaining a sexually hostile work environment. 5. Defendant, their agents, officers, successors or assigns shall be, and hereby are, enjoined and restrained from engaging in any employment practice that discriminates against any employee
vn because of opposition to any action declared unlawful under Title or because of filing a charge,
giving testimony or assistance or participating in any investigation or proceeding under Title VII. PQSTING OF NOTICES
6. a. Upon entry ofthis Decree, Defendant will promptly post in all places where notices to employees are customarily posted, at its headquarters and all its Maryland facilities, the EEOC poster, "Equal Employment Opportunity Is The Law" (Form EEOC-P/E-I), and the Notice attached hereto as Exhibit "A" and made a part hereof, which shall be signed by a responsible official of Defendant with the date of actual posting shown thereon. Should the Notice or Poster become defaced, marred or otherwise unreadable, Defendant will ensure that new readable copies are posted
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in the same manner heretofore specified. b. The Notice and Poster shall be posted and maintained throughout the period of this
Decree. Within thirty (30) days of approval of this Decree, Defendant shall forward to the Commission's attorney of record, at the EEOC's Baltimore District Office, a copy of the signed Notice attached hereto as Exhibit "A", written certification that the Poster and Notice referenced herein have been posted and a statement of the location and date(s) of posting.
TRAINING 7. Within seventy-five (75) days ofthe entry ofthis Decree, Defendant will present training to its employees at its Maryland facilities, including all managerial employees, concerning the laws
enforced by the Commission. The training shall specifically include an explanation ofTitle vn and
its prohibitions against sexual harassment, the responsibilities of human resources and managerial personnel who are informed or otherwise know of incidents of sexual harassment, recognition of sexual harassment, and the prohibition against retaliating against employees who allege an incident of discrimination, sex harassment or intimidation. The training shall also address the methods for reporting an incident of sexual harassment. A copy ofDefendant's sexual harassment policy shall be distributed to all persons attending the training. A representative of the EEOC will be invited to attend this training. A record shall be kept identifying all those attending the training. Within ten (10) days of completion of such training, Defendant shall forward to the Commission's attorney of record at the Baltimore District Office a list of all employees who have attended and completed this training.
SCOPE AND DURATION OF DECREE 8. This Decree shall remain in effect for a period oftwo years (2) years from the date ofentry
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of the Decree by the Court. 9. The Court shall retain jurisdiction ofthis action to ensure compliance with this Decree. In
all other respects, this action is dismissed with prejudice and the Clerk of the Court is directed to remove this action from the Court's calendar.
10. Upon motion ofthe Commission, this Court may schedule a hearing for the purpose of reviewing compliance with this Consent Decree. Prior to such motion, the Commission shall notify the Defendant, in writing, of the alleged non-compliance. Upon receipt of written notice, Defendant shall have fifteen (15) days to either correct the alleged violation, and so inform the other party, or deny the alleged violation, in writing;
A. Ifthe parties remain in dispute they shall attempt in good faith to resolve their dispute; B. Ifthe parties can not in good faith resolve their dispute, the Commission may file with the Court a motion to correct and remedy the breach; C. Each party shall bear its own costs, expenses and attorney's fees incurred in connection with such action; and D. Jurisdiction to resolve any dispute arising under this Decree resides in the United States District Court for the District of Maryland.
MISCELLANEOUS
11. The Commission and Defendants shall bear their own costs, expenses and attorneys' fees incurred in connection with this action.
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BY CONSENT:

FOR DEFENDANT: HOME QUALITY MANAGEMENT, INC.
I HEREBY CERTIFY THAT I AM AUTHORIZED TO BIND THE ABOVE ENTITY TO THE TERMS OF THIS CONSENT DECREE BY MY SIGNATURE AND BY MY SIGNATURE DO SO.

FOR PLAINTIFF: U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
ERIC S. DREIDAND General Counsel
JAMES L. LEE Deputy General Counsel

Chief Executive Officer c/o Julie S. Holmes, Esq. 2401 PGA Blvd. Suite 155 Palm Beach Gardens, FL 33418 (561) 627-0664

GWENDOLYN YOUNG REAMS Associate General Counsel
Regional Attorney
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1 Approved this ,

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day of

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Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 10 South Howard Street, 3rd Floor Baltimore, MD 21201
, 2004.

UNITED STATES DISTRICT COURT JUDGE 6

EXHmIT "A"
NOTICE TO EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. AN AGENCY OF THE UNITED STATES GOVERNMENT AND HOME QUALITY
MANAGEMENT. INC.
Under Section 703 of Title vn of the Civil Rights Act of 1964, as amended:
It shall be an unlawful employment practice for an employer:
(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his/her compensation, terms, conditions or privileges of employment, because of such individual's race, color, religion, sex, or national origin ...
Sexual harassment constitutes a type of sex discrimination under Section 703 ofTitle VII of the Civil Rights Act of 1964, as amended. The Equal Employment Opportunity Commission Guidelines provide in part the following:
Harassment on the basis of sex is a violation of Title VII. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct ofa sexual nature constitute sexual harassment when:
(1) submission to such conduct is made either explicitly or implicitly a condition ofan individual's employment,
(2) submission or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or
(3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
29 C.F.R. Section 1604.11 (a) (1985).
Under Section 704 of Title vn of the Civil Rights Act of 1964, as amended it is an unlawful
employment practice for an employer to discriminate or retaliate in any manner against any person
because of opposition to any practice declared unlawful under Title vn or because ofthe filing ofa
charge, the giving oftestimony or assistance, or the participation in any investigation, proceeding, or hearing under Title VII.
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WE WILL NOT engage in any acts or practices made unlawful by the above sections. WE WILL NOT engage in any harassment of employees based on sex. WE WILL NOT discriminate or retaliate in any manner against any person because of opposition to any practice declared unlawful under Title VII or because of the filing of a charge, the giving of testimony or assistance, or the participation in any investigation, proceeding, or hearing under Title VII.
(Representative) (Title) HOME QUALITY MANAGEMENT, INC.
Dated:- - - - - - By:_ _ _ _ __
Date posting expires:_ _ _ _ _ _ _ __
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 District of Maryland (CM/ECF Live 3.0) - Docket Report

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U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:03-cv-02793-RDB

CLOSED

Equal Employment Opportunity Commission v. Home Quality Management, Inc. Assigned to: Judge Richard D Bennett Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/30/2003 Date Terminated: 03/17/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Cecile Celeste Quinlan Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624260 Fax: 14109624270 Email: cecile.quinlan@eeoc.gov LEAD ATTORNEY 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 ATTORNEY TO BE NOTICED

Gwendolyn Young Reams U S Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624260 Fax: 14109622817

Tracy Hudson Spicer Equal Employment Opportunity Commission City Crescent Bldg

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V. Defendant Home Quality Management, Inc.

10 S Howard St Third Fl Baltimore, MD 21201 14109624623 Fax: 14109624270 Email: tracy.spicer@eeoc.gov ATTORNEY TO BE NOTICED

Date Filed 09/30/2003 09/30/2003 10/01/2003 02/02/2004
02/03/2004 03/05/2004
03/16/2004 03/17/2004

#

Docket Text

1 COMPLAINT against Home Quality Management, Inc. , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(raf, Deputy Clerk) (Entered: 10/01/2003)

JURY TRIAL DEMAND by Equal Employment Opportunity Commission. (raf, Deputy Clerk) (Entered: 10/01/2003)

2 Summons Issued (20 days) as to Home Quality Management, Inc. (raf, Deputy Clerk) (Entered: 10/01/2003)

3 ORDER DIRECTING Plaintiff show good cause within 14 days of the date of this Order why the complaint should not be dismissed. Signed by Judge Richard D Bennett on 2/2/04. (jlb, Deputy Clerk) (Entered: 02/02/2004)

4 SUMMONS Returned Executed by Equal Employment Opportunity Commission. Home Quality Management, Inc. served on 1/22/2004, answer due 2/11/2004. (jlb, Deputy Clerk) (Entered: 02/03/2004)

5 ORDER DIRECTING plaintiff file and serve by mail on the above named defendant a motion for entry of default and motion for default judgment or provide a report as to why such motions would be inappropriate within 30 days of the date hereof. Signed by Judge Richard D Bennett on 3/5/04. (jnl, Deputy Clerk) (Entered: 03/05/2004)

6 MOTION for Settlement by Equal Employment Opportunity Commission. Responses due by 4/2/2004 (Attachments: # 1 Consent Decree)(Spicer, Tracy) (Entered: 03/16/2004)

7 CONSENT DECREE and approval. Signed by Judge Richard D Bennett on 3/17/04. (jlb, Deputy Clerk) (Entered: 03/17/2004)

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