IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND SOUTHERN DIVISION

U.S. EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

10 S. Howard Street, 3rdFloor

)

Baltimore, MD 21201

)

)

Plaintiff,

)

)

v.

)

)

McCREA EQUIPMENT COMPANY, INC.,

)

4463 Beech Road

)

Temple Hills, MD 20748

)

)

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 sex (female), race (African American), and retaliation and to make whole Anna Hernandez, Shana Austin and other similarly situated females. As discussed in more detail below, Hernandez, Austin and other similarly situated females were subjected to a sexually hostile work environment by Respondent's Systems Administrator Gene Schlette. Complaints to Defendant's management about Schlette's inappropriate touching of a sexual nature were not taken seriously. Hernandez was involuntarily transferred to a further location in retaliation for her complaint. In addition, the harassment continued and evolved into retaliatory and racial harassment, leading to the constructive discharge of Hernandez and Austin.

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(£)(1)and (3) of Title

VII of the Civil Rights Act of 1964, as amended, 42 US.C. Section 2000e, et seq. ("Title VII")

and Section 102 of the Civil Rights Act of 1991,42 US.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 (£)(1) and

(3) of Title VII, 42 US.C. 2000e-5(£)(1)and (3). 4. At all relevant times, Defendant, McCrea Equipment, Company, Inc. ("Defendant

McCrea Equipment"), has continuously been and is now a Maryland corporation doing business

in the cities of Temple Hills and Owings and has at least fifteen employees. 5. At all relevant times, Defendant McCrea Equipment has continuously been an

employer engaged in an industry affecting commerce under Section 701(b), (g), and (h) of Title

VII, 42 US.C. Section 2000e-(b), (g), and (h). 6. More than thirty days prior to the institution of this lawsuit, Anna Hernandez and

Shana Austin filed charges with the Commission alleging violations of Title VII by Defendant

McCrea Equipment. All conditions precedent to the institution of this lawsuit have been fulfilled.

7.

Since at least June 3, 2005, Defendant McCrea Equipment has engaged in

unlawful employment practices at its facilities, including, but not limited to its Temple Hills and

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Owings, Maryland facilities, in violation of Sections 703(a) and 704(a) of Title VTI,42 U.S.C.

Sections 2000e-2(a) and 2000e-3(a). The practices include the following: a. Subjecting Shana Austin, Anna Hernandez and other similarly situated

females to a sexually hostile and offensive work environment by condoning the sexually

harassing and discriminating behavior of Systems Administrator Gene Schlette. Incidents of

harassment committed by Schlette and condoned by Defendant include, but are not limited to,

Schlette touching and groping Austin's behind and breasts, hugging Austin; slapping Hernandez

on the behind and calling her a "bad girl;" touching other similarly situated females in an

inappropriate and sexual manner. Austin's and Hernandez's complaints to management about

Schlette's inappropriate touching of a sexual nature were not taken seriously, and the harassment

not only continued, but also escalated into racially and retaliatory harassment as articulated in (b)

and (c) below.

b.

Subjecting Austin to a racially hostile work environment by leaving

racially derogatory messages on her computer, such as ''''GO AWAY NIGER [sic] WE DON'T

WANT YOUR KIND HERE!!!!" and "WHORE!!!!!!!!TAKE THE HINT NIGER [sic] GO AWAY!!!!!WE DON'T LIKE YOUR KIND HERE LYING WHORE!!!"

c. Retaliating against Shana Austin, Anna Hernandez and other similarly

situated females for their complaints of sexual harassment, including, but not limited to

involuntarily transferring Hernandez to Respondent's Owings facility which substantially

increased her commute; subjecting Hernandez to a hostile work environment at the Owings

facility, which included unwarranted discipline, belittling, screaming, the intentional deletion of

her work from her computer; and the receipt of crank phone calls at her desk three to four times a

3

week calling her a "whore," "liar," "bitch," and taunting her to "check [her] computer;" subjecting Austin to a hostile work environment, which included ignoring her, referring to her as a "that bitch," throwing papers at her, deleting a document from her computer, and leaving derogatory messages on her computer, such as ""GO AWAY NIGER [sic] WE DON'T WANT YOUR KIND HERE!!!!" and "WHORE!!!!!!!!TAKE THE HINT NIGER [sic] GO AWAY!!!!!WE DON'T LIKE YOUR KIND HERE LYING WHORE!!!"
d. The hostile work environment and retaliation led to the constructive discharges of Hernandez and Austin.
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 federallyprotected rights of Anna Hernandez, Shana Austin and other similarly situated females.
WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant McCrea Equipment, its officers, successors, assigns and all persons in active concert or participation with it, from sexually and racially harassing its employees and retaliating against its employees; B. Order Defendant McCrea Equipment to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, African Americans, and individuals who engage in protected activity, and which eradicate the effects of its past and present unlawful employment practices; C. Order Defendant McCrea Equipment to make whole Anna Hernandez, Shana
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Austin and other similarly situated females 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 employmentpractices;
D. Order Defendant McCrea Equipment to make whole Anna Hernandez, Shana Austin and other similarly situated females by providing compensation for pecuniary and nonpecuniary losses, including emotional pain, suffering, anxiety, depression, embarrassment, degradation, and humiliation;
E. Order Defendant McCrea Equipment to pay to Anna Hernandez, Shana Austin and other similarly situated females punitive damages for its callous indifference to their federally protected right to be free from sexual and racial harassment 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, RONALD S. COOPER General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
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fYf tt#pf-

-

j

DlffiRA W({VAWRENCE

'll;;;;71~c~ Senior Trial Attorney Federal Bar No. 24357

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Baltimore Field Office 10 S. Howard Street 3rd Floor
Baltimore, Maryland 21201 Phone: (410) 962-4341 Fax: (410) 962-4270

6

 
 Case 8:06-cv-02565-RWT Document 15 Filed 07/26/2007 Page 1 of 8

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
SOUTHERN DIVISION

_--,FIlED ~
_ _-"Ioc,;m ~._,. .. ',CEIYED
JUI 3 0 Z007

UNITED STATES

)

EQUAL EMPLOYMENT OPPORTUNITY)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

MCCREA EQUIPMENT COMPANY, )

INC.

)

Defendant.

)

)

Civil Action No. 8:06-cv-02565-RWT

CONSENT DECREE This action was instituted by Plaintiff, the U.S. Equal Employment Opportunity Commission (the "EEOC" or the "Commission"), against Defendant McCrea Equipment Company, Inc" ("Defendant" or "McCrea") alleging violations of Sections 703(a) and 704(a) of Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, 42 U.S,c. §§ 2000e-2(a), 2000e-3(a). The Complaint alleges that Defendant subjected Anna Hernandez, Shana Austin, and other similarly situated females to a sexually hostile work environment, and that it also subjected Ms. Austin to a racially hostile work environment. The Complaint further alleges that Defendant retaliated against Ms. Hernandez and Ms. Austin by creating intolerable working conditions that resulted in their constructive discharge. Defendant denies these 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. Tbis Decree shall not constitute an adjudication on the merits of the Commission's case

Case 8:06-cv-02565-RWT Document 15 Filed 07/26/2007 Page 2 of 8
and shall not be construed as an admission by Defendant of any discriminatory practice or of liability witb respect to Ms. Hernandez, Ms. Austin, or any similarly situated individual. Nor shall it constitute a waiver by the Commission of any contentions of discrimination.
The Court has examined tbis Decree and finds tbat it is reasonable and just and in accordance witb the Federal Rules of Civil Procedure and Title VII. Therefore, upon due consideration of the record herein, it is ORDERED, ADJUDGED AND DECREED:
I. This Decree resolves all issues and claims alleged in tbe Complaint filed by the Commission in this Title VII action which emanated from the Charges of Discrimination filed by Anna Hernandez and Shana Austin.
2. This Decree shall be in effect for a period of two years from tbe date it is entered by tbe Court.
3. Defendant, its officers, servants, employees, successors, and assigns, are hereby enjoined from engaging in the sex-based or race-based harassment of any employee, and from condoning the sex-based or race-based harassment of any employee. The prohibited harassment includes the use of offensive or derogatory comments, or other verbal or physical conduct based on an individual's sex or race, which creates an intimidating, hostile, or offensive working environment, or interferes with tbe individual's work performance. Such harassment violates Title VII, which, in part, is set forth below:
It shall be an unlawful employment practice for an employer -(\) .•• to discriminate against any individual with respect to [his or her] ... terms, conditions, or privileges of employment, because of such individual's race [or] sex .... 42 U.S.C. § 2000e-2(a)(J). Defendant, its officers, servants, employees, successors, and assigns, are further enjoined from retaliating against any employee who complains of sexual or racial
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Case 8:06-cv-02565-RWT Document 15 Filed 07/26/2007 Page 3 of 8
harassment, 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). 4. Within thirty days after entry of this Decree, Defendant or a third party on its
behalf will pay Shana Austin a total of$70,000 in alleged compensatory damages. Form 1099s may be issued to Ms. Austin for the 2007 tax year.
5. Within thirty days after entry of this Decree, Defendant or a third party on its behalf will pay Anna Hernandez a total of $40,000 in alleged compensatory damages. Form 10998 may be issued to Ms. Hernandez for the 2007 tax year.
6. Within sixty days after the entry of this Decree, Defendant will begin mandatory training of all of its employees on preventing sexual harassment and racial harassment in the workplace. The training program will be two hours for managerial employees and one hour for all other employees, and will be conducted by an external consultant or attorney. The training sessions will be completed within 180 days after the entry of this Decree. Within 10 business days after the training has been completed, Defendant will provide certification to Commission counsel of record that such training has been provided, including the daters] and location[s] of the training, and the identities of the trainers and trainees, as well as provide certification to Commission counsel of record that the revised harassment policy described below in Paragraph 7 of this Decree has been distributed at such training.
7. Defendant shall revise its harassment policy in the following manner: by adding
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Case 8:06-cv-02565-RWT Document 15 Filed 07/26/2007 Page 4 of 8
harassment based on race, color, and national origin as prohibited conduct, and by providing the name, address, and telephone number of a human resources official who can serve as the recipient of harassment complaints, and who will investigate these complaints, and recommend appropriate remedial action, if appropriate. This policy, once revised and approved as discussed below, will be distributed to all employees, both managerial and non-managerial, and shall be included in any relevant policies or employee manuals maintained by Defendant. The policy will also be posted in a conspicuous and accessible place in all of Defendant's work sites.
a. Within 30 days after entry of the Consent Decree, Defendant shall submit the revised policy to the Commission's counsel of record for approval by the EEOC. The EEOC will then notify Defendants within 14 days as to whether the policy is acceptable. In the event the proposed policy is not acceptable to the EEOC, the parties will confer in good faith and attempt to reach an agreement no iater than 10 days after receiving the EEOC's objection. In the event the parties are unable to reach an agreement, they shall submit their dispute to the Court with a request for a referral to a United States Magistrate for mediation.
b. Within fifteen days after the revised policy has been approved by the EEOC, Defendant will provide certification to the Commission's counsel of record that the revised policy has been posted in the manner described above.
8. Within ten business days after entry of the Consent Decree, Defendant will post immediately, in all places where notices to employees customarily are posted, the Notice attached hereto and made a part hereof. Said Notice shall be posted and maintained for the life of the Consent Decree and shall be signed by a responsible management official with the date of actual posting shown thereon. Should the Notice become defaced, marred, or otherwise made
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Case 8:06-cv-02565-RWT Document 15 Filed 07/26/2007 Page 5 of 8 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 certification that the Notice referenced herein has been posted and a statement of the locations and date(s) of posting.
9. The Commission and Defendant shall bear their own costs and attorneys' fees. 10. The case shall be and hereby is dismissed with prejudice, subject to this Court's jurisdiction to enforce provisions of this Consent Decree. The undersigned counsel of record hereby consent to the entry of the foregoing Consent Decree.
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Case 8:06-cv-02565-RWT Document 15 Filed 07/26/2007 Page 6 of 8

FOR DEFENDANT:

FOR PLAINTIFF:

:=--:-:-.,-:/s/--::-_-:--_ David Alan Rosenberg Ford & Harrison, LLP 1300 19th Street, N.W. Suite 700 Washington, DC 20036 (202) 719-2012

Jacqueline McNair Regional Attorney (signed by Maria Morocco with permission of Jacqueline McNair)
::-:_:-::-::-----'/s/_ _ __ Debra M. Lawrence Supervisory Trial Attorney (signed by Maria Morocco with permission of Debra Lawrence)
_______N ________
Maria Luisa Morocco
Senior Trial Attomey gEOC Baltimore Field Olliee lOS. Howard St., W' Floor Baltimore, MD 21201 (410) 209-27aO

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Case 8:06-cv-02565-RWT Document 15 Filed 07/26/2007 Page 7 of 8

SO ORDERED.
Signed and entered this~fl-c!ay of ~i1 (

,2007.

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 District of Maryland (CM/ECF Live 3.1.2)

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CASREF, CLOSED, MAG-S, STAY, STAYED
U.S. District Court District of Maryland (Greenbelt) CIVIL DOCKET FOR CASE #: 8:06-cv-02565-RWT

EEOC v. McCrea Equipment Company, Inc. Assigned to: Judge Roger W Titus Referred to: Magistrate Judge Charles B. Day (Settlement) Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/29/2006 Date Terminated: 07/30/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff EEOC

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

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

V. Defendant McCrea Equipment Company, Inc.

represented by David Alan Rosenberg Ford and Harrison LLP 1300 19th St Ste 700 Washington, DC 20036-2030 12027192000 Fax: 12027192077

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District of Maryland (CM/ECF Live 3.1.2)

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Email: drosenberg@fordharrison.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey J Sun Ford and Harrison 1300 19th St Ste 700 Washington, DC 20036 12027192000 Fax: 12027192077 Email: jsun@fordharrison.com ATTORNEY TO BE NOTICED

Date Filed 09/29/2006
09/29/2006 10/02/2006 12/28/2006 12/28/2006 01/05/2007 01/18/2007 01/19/2007
02/28/2007 03/09/2007 03/23/2007 03/30/2007

# Docket Text
1 COMPLAINT against McCrea Equipment Company, Inc., filed by EEOC. (Attachments: # 1 Civil Cover Sheet # 2 Civil Cover Sheet Continuation)(raf, Deputy Clerk) Additional attachment(s) added on 10/2/2006 (raf, Deputy Clerk). (Entered: 10/02/2006)
Jury Trial Demand by EEOC. (raf, Deputy Clerk) (Entered: 10/02/2006)
2 Summons Issued 20 days as to McCrea Equipment Company, Inc.. (raf, Deputy Clerk) (Entered: 10/02/2006)
3 ANSWER to Complaint by McCrea Equipment Company, Inc..(Rosenberg, David) (Entered: 12/28/2006)
4 Local Rule 103.3 Disclosure Statement by McCrea Equipment Company, Inc.. (Rosenberg, David) (Entered: 12/28/2006)
5 SCHEDULING ORDER: Status Report due by 5/21/2007. Signed by Judge Roger W Titus on 1/5/2007. (elt, Deputy Clerk) (Entered: 01/05/2007)
6 Joint Correspondence re: Initial Report on Early Settlement/ADR, Magistrate Judge (Rosenberg, David) (Entered: 01/18/2007)
7 ORDER REFERRING CASE to Magistrate Judge Charles B. Day for settlement. Signed by Judge Roger W Titus on 1/19/07. (jmw, Chambers) (Entered: 01/19/2007)
8 Correspondence re: scheduling settlement conference. Reply required. (bab, Chambers) (Entered: 02/28/2007)
9 Correspondence re: alternate dates for settlement conference. Reply required. (bab, Chambers) (Entered: 03/09/2007)
10 Letter/Order scheduling settlement conference. Signed by Judge Charles B. Day 3/22/07.(elt, Deputy Clerk) (Entered: 03/23/2007)
11 Consent MOTION For Enlargement of Deadlines by McCrea Equipment Company, Inc.. Responses due by 4/16/2007 (Attachments: # 1 Text of Proposed Order)(Sun, Jeffrey) (Entered: 03/30/2007)

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District of Maryland (CM/ECF Live 3.1.2)

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04/09/2007
04/17/2007 05/03/2007
05/04/2007 07/26/2007 07/30/2007

12 PAPERLESS ORDER GRANTING 11 Consent Motion to Modify the Scheduling Order. Signed by Judge Roger W Titus on 4/9/07. (Titus, Roger) (Entered: 04/09/2007)
Settlement Conference held on 4/12/2007 before Judge Charles B. Day. (bab, Chambers) (Entered: 04/17/2007)
13 Joint MOTION to Stay Proceedings by McCrea Equipment Company, Inc.. Responses due by 5/21/2007 (Attachments: # 1 Text of Proposed Order)(Rosenberg, David) (Entered: 05/03/2007)
14 PAPERLESS ORDER GRANTING 13 Joint Motion to Stay Proceedings. Signed by Judge Roger W Titus on 5/4/07. (Titus, Roger) (Entered: 05/04/2007)
15 SETTLEMENT AGREEMENT (Consent Decree) by EEOC. (Morocco, Maria) (Entered: 07/26/2007)
16 CONSENT DECREE and APPROVAL. Signed by Judge Roger W Titus on 7/30/07. (Attachments: # 1 Exhibit A)(c/m 7/27/07 cmc) (rank, Deputy Clerk) (Entered: 07/31/2007)

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