UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
Southern Division EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION, 10 S. Howard Strut, 3rd Floor Baltimore, Maryland 21201,
Plaintiff,
B & K RENTALS AND SALES COMPANY, 15055 Marlboro Pike Upper Marlboro, Maryland 20772
Defendant.
COMPLAINT AND FORY 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 (pregnancy) and to provide appropriate relief to Casey Phair ("Ms. Phair"), who was adversely affected by such practices. The Commission alleges that on November 4, 2005, Defendant, B & K Rentals and Sales Company ("Defendant Employer"), unlawfully discharged Ms. Phair because of her pregnancy, in violation of Title VII of the Civil Rights Act of 1964.
JURISDICTION AND VENUE 1 Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331 1343 and 1345. This action is authorized and instituted pursuant to 706(0(1) and (3) of Title VII

of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3) ("Title VII")

and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A.

2. The unlawful employment practices alleged herein were committed within the

judicial district of this Court.

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 Employer, B & K Rentals and Sales Company

has continuously been a corporation organized under the laws of the State of Maryland doing

business within the State of Maryland, and has continuously had at least fifteen employees.

5. At all relevant times, Defendant Employer has continuously been an employer

engaged in an industry affecting commerce under Sections 701(b), (g) and (h) of the 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, Casey Phair filed a

charge with the Commission alleging violations of Title VII of the Civil Rights Act of 1964 by

Defendant Employer. All conditions precedent to the institution of this lawsuit have been

fulfilled.

7. Since at least November 4, 2005, Defendant Employer has engaged in unlawful

employment practices at its Upper Marlboro, Maryland facility, in violation of Section 703(a) of

2

Title VII. These practices include terminating the employment of Ms. Phair because of her

pregnancy.

8 The effect of the practices complained of in Paragraph 7 has been to deprive

Casey Phair of equal employment opportunities and otherwise adversely affect her status as an

employee because of her sex.

o

The unlawful employment practices complained of in Paragraph 7 were

intentional

10. The unlawful employment practices complained of in Paragraph 7 were, and are

being, done with malice or with reckless indifference to the federally protected fights of Ms.

Phair.

PRAYER FOR RELIEF

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 terminating

individuals based on pregnancy and any other employment practice which discriminates on the

basis of sex (pregnancy) in violation of Title VII of the Civil Rights Act of 1964.

B. Order Defendant Employer to institute and carry out policies, practices, and

programs which provide equal employment opportunities for its pregnant employees, and which

eradicate the effects of its past and present unlawful employment practices.

C. Order Defendant Employer to make whole Ms. Phair by providing appropriate

backpay with prejudgment interest, in amounts to be determined at trial, reinstatement to her

position, or frontpay in lieu thereof, and other affirmative relief necessary to eradicate the effects

of its unlawful employment practices.

3

D Order Defendant Employer to make whole Ms. Phair by providing compensation for past and future p~uniary losses resulting from the unlawful employment practices described in Paragraph 7, including but not limited to damages in the form of expenses for job searches and expenses incurred due to the loss of heath coverage, in amounts to be determined at trial~
E. Order Defendant Employer to make whole Ms. Phair by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices described in Paragraph 7, including but not limited to emotional and mental anguish, pain and suffering, humiliation, loss of enjoyment of life, and devastation in amounts to be determined at trial.
F. Order Defendant Employer to pay Ms. Phair punitive damages for its malicious and reckless conduct, as described in Paragraph 7, in amounts to be determined at trial
G Grant such further legal or equitable relief as the Court deems necessary and proper in the public interest,
H Award the Commission its costs of this action, JURY TRIAL DEMAND
The Commission hereby requests a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted, JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS
Supervisory Trial Attorney (Bar No. 04312)
4

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 10 S. Howard Street, 3rd Floor Baltimore, Maryland 21201 (410) 962-3852 (phone) (410) 962-4270 (fax)
5

 
 Case 8:06-cv-02019-RWT Document 17 Filed 04/24/2u07 Page 1 of 4

UNITED STATES DISTRJCT COURT FO R THE DISTRJCT OF MARYLAND
SOUTHERN DIVISION

---.J'UD _ ..........
_ _.JJ100QD~
APR 3 0 2007

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

ATGIltEENBaT ClERK U.S. DISTRICT c::aJRf
0iITRICT Of' IWMAND OEPUIY

)

Pl ain tiff,

)

)

v.

) Civil Action No. RWT-06-2019

)

B & K RENTALS AND SALES CO MPANY, INC.)

)

Defendant.

)

)

)

CONSENT DECREE This action was instituted by Plaintiff, the U.S. Equal Employment Opportunity Commission (the "EEOC" or the "Commission") against B & K RENTALS AND SALES COMPANY, INC., (hereinafter "Defendant" ), allegi ng that Defendant vio lated Section 703 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S .C. Section 2000e-2(a)(I), when it subj ected Casey Phair to pregnancy discrimination by discharging her. The parties agree that it is in their mutual interest to fully reso lve the matter without further litigation. The Court has examined thi s Decree and fi nds 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:

1

Case 8:06-cv-02019-RWT Document 17 Filed 04/24/2 u07 Page 2 of 4
Scooc of Decree 1. This Decree resolves all issues and claims alleged in the Complaint fi led by the Commission in this Title VII action which emanated fro m a charge of discrimination filed against Defendant by Casey Phair.
2. This Decree shall be in effect for a period of five years fTom the date it is entered by the Court. During that time, this Court shall retain jurisd iction over thi s matter and the parties
for purposes of enforcing compliance with the Decree, including issuing such orders as may be requi red to effectuate the purposes of the Decree.
3. This Decree, being entered with the consent of the EEOC and Defendant, shall not constitute an adj udication or finding on the merits of the casco
Injuncti ve Relief 4. Defendant, its offi cers, agents, servants, emp loyees, successors, assigns, and all persons acting or claiming to act on their behalf are hereby enjoined from pregnancy disc rimination. 5. Within 30 days of the Court's entry oflhe Decree, Defcndant shall review and renew its EEO policy which shall clearly state the company 's policy against discrimination. 6. Within 120 days ofthc entry of thi s Dec ree all of Dcfcndant's managcrial employees shall attend a training program lasting at least two hours. The training shall cover the prevention of employment di scrimination and compliance with fede ral anti-di scrimination laws, with a particular e mphasis on the prohibition against pregnancy d iscrimination, and shall be conducted by a representative of the Commission or a qualified consultant or law finn agreed upon by the parties. A video tape of the presentation will be shown to newly hired offi cers,
2

Case 8:06-cv-02018-RWT Document 17 Filed 04/24/<u07 Page 3 of 4
managers, and supervisors during the life of the Decrec. 7. Upon approval of this Decree, Defendant will post immediately in all places
where notices arc customarily posted for the employees, the Notice attached hereto as Attachment "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 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 thi s Decree, Defendant shall forward to the EEOC 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 & Monitoring 8. AnnuaI1y following the entry of this Consent Decree, and continuing throughout the life of the Decree, Defendant will report in writing to EEOC counsel of record concerning the implementation of this Decree. The report will include the following information: Copies of any fonnal or infonnal complaints of pregnancy or sex discrimination made by any employee, including but not limited to internal complaints, administrative charges, and lawsuits, and for every complaint, whether oral or written, the name of the complainant, and a detailed explanation of Defendant's actions taken in response to the complaint, including any investigative and corrective measures taken. 9. The Commi ssion may monitor compliance during the duration of this Decree by reasonable inspection of Defendant's premises and records, and by interviewing its employees.
3

Case 8:06-cv-0 201 8-RWT Document 17 Fi led 04/24/<u07 Page 4 of 4

Upon five business days notice, Defendant will make available any facili ty for inspection and

make available for inspection and copying any records or witnesses.

10. The Commiss ion and Defendant shall bear their own costs and attorneys' fees.

11. The undersigned counsel of record in the above-captioned action hereby consent

to the entry of the foregoing Consent Decree.

FOR DEFENDANT:

FOR PLAINTfFF:

*/s/ Steven T. Cain, Esq. Counsel for B & K Rental Sales CAIN & WYROUGH, P.c. 15051 Marlboro Pike Upper Marlboro, MD 20772 (301) 627-4600

lsi Jacqueline McNair Regional Anomey
lsi Debra M. Lawrence Supervisory Trial Attorney

'" (authorized EEOC Trial Attorney to e-sign)

lsi Regina M. Andrew Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COM MISSION Baltimore Field Office 10 S. Howard Street, 3d Floor Baltimore, MD 21201 (410) 209-2724

SO ORDERED, ADJUDGED, AND DECREED

I Signed this :, o-J~ay of ~ 0

, 2007

. os, Unite

4

Case 8:06-cv-02019-KWT Document 17-2 Filed 04 /24/L007 Page 1 of 1
NOTICE TO EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE BETWEEN B • K RENTALS AND SALES COMPANY , INC . AND THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AN AGENCY OF THE UNITED STATES GOVERNMENT
This Notice to all employees of B & K Rentals and Sales Company , Inc . is being posted pursuant to a Consent Decree as part of the remedy agreed to between it and the Equal Employment Opportunity Commission in settlement of a lawsuit filed by the U. S . Equal Employment Opportunity Commission based on a charge of employment di scrimination on t he basis of sex .
Title VII of the Civ i l Rights Ac t of 1964 , as a mended :
It shall be an unlawful employment practice for an employer :
to fail or refuse to pr omote , hire or to discharge an y 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 , and
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 , childbirth , or related medical conditions ; and women affected by pregnancy , childbirth , or related medical conditions shall be treated the same for all employmentrelated purposes , including receipt of benefits under fringe benefit programs , as other persons not so affected but similar in their abil i ty or inability to work,
WE WILL NOT engage i n an y of the above unlawful acts or practi ces .
WE WILL continue to maintain and conduct all hiring , job assignment , promotion and discharge policies and practices in a manner which does not discriminate on the basis of sex or pregnancy .
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 .
This Notice will be posted for a period of five (5) years .
EXHIBIT "An

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

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?764532968193664-L_3...

CASREF, CLOSED, MAG-S
U.S. District Court District of Maryland (Greenbelt) CIVIL DOCKET FOR CASE #: 8:06-cv-02019-RWT

EEOC v. B & K Rentals and Sales Company Assigned to: Judge Roger W Titus Referred to: Magistrate Judge William Connelly (Settlement) Cause: 28:451 Employment Discrimination

Date Filed: 08/03/2006 Date Terminated: 04/30/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff EEOC

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 TERMINATED: 01/24/2007 LEAD ATTORNEY

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 LEAD ATTORNEY ATTORNEY TO BE NOTICED

1 of 4

5/30/2007 1:12 PM

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

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?764532968193664-L_3...

V. Defendant B & K Rentals and Sales Company

Regina Maria Andrew Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624220 Fax: 14109624270 Email: regina.andrew@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Erica Denise White Dunston US Equal Employment Opportunity Commission 10 S Howard St Third Fl Baltimore, MD 21201 14109623932 Fax: 14109624270 Email: erica.white-dunston@eeoc.gov TERMINATED: 01/04/2007
represented by Steven T Cain Cain and Wyrough PC 15051 Marlboro Pike Upper Marlboro, MD 20772 13016274600 Fax: 13016272716 Email: Steve@SoMdLaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/03/2006 08/03/2006 08/04/2006 08/08/2006

#

Docket Text

1 COMPLAINT against B & K Rentals and Sales Company , filed by EEOC. (Attachments: # 1 Civil Cover Sheet)(ljs, Deputy Clerk) (Entered: 08/04/2006)
Jury Trial Demand by EEOC. (ljs, Deputy Clerk) (Entered: 08/04/2006)
2 Summons Issued 20 days as to B & K Rentals and Sales Company. (ljs, Deputy Clerk) (Entered: 08/04/2006)
3 Request for Entry of Appearance on Behalf of a Federal Government Agency and ORDER approving the appearance of Jacqueline H. McNair for U.S. Equal Employment Opportunity Commission. Signed by the Clerk on 08/07/2006. (c/m 8/8/06)(elt, Deputy Clerk) (Entered: 08/08/2006)

2 of 4

5/30/2007 1:12 PM

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

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?764532968193664-L_3...

09/26/2006
09/29/2006 10/02/2006 10/06/2006 12/08/2006 12/29/2006 01/08/2007 01/24/2007 01/25/2007
01/29/2007
01/30/2007
01/31/2007
02/05/2007 04/24/2007 04/30/2007

4 SUMMONS Returned Executed by EEOC. B & K Rentals and Sales Company served on 9/13/2006, answer due 10/3/2006. (Lawrence, Debra) (Entered: 09/26/2006)
5 ANSWER to Complaint by B & K Rentals and Sales Company.(Cain, Steven) (Entered: 09/29/2006)
6 SCHEDULING ORDER:Status Report due by 2/14/2007. Signed by Judge Roger W Titus on 10/2/2006. (elt, Deputy Clerk) (Entered: 10/02/2006)
7 Joint Correspondence re: Magistrate Judge (White Dunston, Erica) (Entered: 10/06/2006)
8 NOTICE of Appearance by Cecile Celeste Quinlan on behalf of EEOC (Quinlan, Cecile) (Entered: 12/08/2006)
9 NOTICE to Substitute Attorney (White Dunston, Erica) (Entered: 12/29/2006)
10 PAPERLESS ORDER APPROVING 9 Notice to Substitute Attorney. Signed by Judge Roger W Titus on 1/5/07. (Titus, Roger) (Entered: 01/08/2007)
11 NOTICE to Substitute Attorney Regina M. Andrew (Quinlan, Cecile) (Entered: 01/24/2007)
12 PAPERLESS ORDER APPROVING 11 Notice to Substitute Attorney Regina M. Andrew. Signed by Judge Roger W. Titus on 1/24/07. (Titus, Roger) (Entered: 01/25/2007)
13 Joint MOTION for Extension of Time to Complete Discovery and Settlement Conference by EEOC.Responses due by 2/15/2007 (Attachments: # 1 Text of Proposed Order)(Andrew, Regina) (Entered: 01/29/2007)
14 ORDER REFERRING CASE to Magistrate Judge William Connelly for settlement. Signed by Judge Roger W Titus on 1/30/07. (jmw, Chambers) (Entered: 01/30/2007)
15 PAPERLESS ORDER GRANTING 13 Joint Motion to Extend Discovery Deadline. Signed by Judge Roger W Titus on 1/30/07. (Titus, Roger) (Entered: 01/31/2007)
16 Letter/ORDER scheduling settlement conference. Signed by Judge William Connelly on 2/2/2007. (elt, Deputy Clerk) (Entered: 02/05/2007)
17 SETTLEMENT AGREEMENT Consent Decree by EEOC. (Attachments: # 1 Exhibit "A")(Andrew, Regina) (Entered: 04/24/2007)
18 CONSENT DECREE Order, Adjudged and Decreed. Signed by Judge Roger W Titus on 4/30/07. (Attachments: # 1 Exhibit A)(rank, Deputy Clerk) (Entered: 04/30/2007)

PACER Service Center
Transaction Receipt

3 of 4

5/30/2007 1:12 PM

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

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?764532968193664-L_3...

PACER Login:
Description:
Billable Pages:

05/30/2007 14:12:41

hs0328

Client Code: eeoc

Docket Report

Search Criteria:

8:06-cv-02019-RWT

2

Cost:

0.16

4 of 4

5/30/2007 1:12 PM