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

U.S. EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

10 S. Howard Street, 3rd Floor

)

Baltimore, MD 21201

)

)

Plaintiff,

)

)

v.

)

)

THE NASDAQ STOCK MARKET, INC.

)

9600 Blackwell Road

)

Rockville, MD 20850

)

)

)

Defendant.

)

Civil Action No. COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION

The U.S. Equal Employment Opportunity Commission (“Plaintiff,” “the EEOC,” or

“the Commission”) brings this action under the Equal Pay Act of 1963 (“the EPA”),

Section 15(a)(3) of the Fair Labor Standards Act (“the FLSA”), Title VII of the Civil

Rights Act of 1964 (“Title VII”), and Title I of the Civil Rights Act of 1991 to correct

unlawful employment practices committed by The NASDAQ Stock Market, Inc.

(“Defendant” or “NASDAQ”), and to provide relief to Akiba Scroggins, an Associate

Director in Defendant’s Economic Research Department, which is located in Rockville,

Maryland. Plaintiff alleges that Defendant discriminated against Ms. Scroggins in pay

and promotions because of her gender and race, African-American.

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

Section 17 of the FLSA, as amended, 29 U.S.C. § 217, to enforce the requirements of the EPA; Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3); and by 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 the District of Maryland, Southern Division.
PARTIES 3. Plaintiff is the agency of the United States of America charged with the administration, interpretation and enforcement of, inter alia, the EPA and Title VII. 4. At all relevant times, Defendant has continuously been a Delaware corporation doing business in the State of Maryland and the City of Rockville, and has continuously had at least 15 employees. 5. At all relevant times, Defendant 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). 6. At all relevant times, Defendant has acted directly or indirectly as an employer in relation to employees and has continuously been an employer within the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d). 7. At all relevant times, Defendant has continuously employed employees engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(b), (i) and (j) of the FLSA, 29 U.S.C. §§ 203(b), (i) and (j) or has continuously been an enterprise engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(r) and (s) of the FLSA, 29 U.S.C. § 203(r),
2

(s), in that said enterprise has continuously been an enterprise whose annual gross volume of sales made or business done is not less than $500,000.
STATEMENT OF TITLE VII CLAIMS AGAINST DEFENDANT 8. More than thirty days prior to the institution of this lawsuit, Akiba Scroggins filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least June 2001, Defendant has engaged in unlawful employment practices in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e2(a)(1). These practices include the following: a) denying promotions to Akiba Scroggins because of her race and gender,
and; b) because of her race and gender, paying Akiba Scroggins lower wages
than those paid to white male analysts who performed substantially equal work in the Economic Research Department. 10. The effect of the practices complained of in paragraph 9, above, has been to deprive Ms. Scroggins of equal employment opportunities and otherwise adversely affect her employee status because of her race and gender. 11. The unlawful employment practices complained of in paragraph 9, above, were intentional. 12. The unlawful employment practices complained of in paragraph 9, above, were done with malice or reckless indifference to the federally protected rights of Ms. Scroggins.
3

STATEMENT OF EPA CLAIM AGAINST DEFENDANT 13. Since at least June 2001, Defendant has violated Sections 6(d)(1) and 15(a)(2) of the FLSA, 29 U.S.C. §§ 206(d)(1) and 215(a)(2), by paying wages to Akiba Scroggins at rates less than the rates paid to male employees in the same establishment for substantially equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. 14. As a result of the acts complained of above, Defendant unlawfully has withheld and is continuing to withhold the payment of wages due to Akiba Scroggins. 15. The unlawful employment practices complained above in paragraph 13 were willful.
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 engaging in employment practices regarding pay and promotions that discriminate on the basis of gender in violation of Section 703(a)(1) of Title VII, 42 U.S.C. Section 2000e-2(a),and Sections 6(d)(1) and 15(a)(2) of the FLSA, 29 U.S.C. §§ 206(d)(1) and 215(a)(2), or because of race, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. Section 2000e-2(a). B. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for African-American and
4

female employees with regard to pay and promotions and which eradicate the effects of Defendant’s past and present unlawful employment practices.
C. Order Defendant Employer to make whole Akiba Scroggins by providing appropriate back pay with prejudgment interest in amounts to be determined at trial, and by providing her any other affirmative relief necessary to eradicate the effects of Defendant’s unlawful employment practices.
D. Order Defendant Employer to pay Akiba Scroggins punitive damages for its malicious and reckless conduct described in paragraph 9 above, in amounts to be determined at trial.
E. Order Defendant Employer to make whole Akiba Scroggins by providing compensation for pecuniary losses.
F. Order Defendant Employer to make whole Akiba Scroggins by providing compensation for non-pecuniary losses, including emotional pain, suffering, mental anguish, embarrassment, and humiliation, in amounts to be proven at trial.
G. Grant a judgment under the EPA requiring Defendant Employer to pay appropriate back wages in amounts to be determined at trial, and an equal sum as liquidated damages or prejudgment interest in lieu thereof, to Akiba Scroggins, whose wages are being unlawfully withheld as a result of the acts complained of above.
H. Grant such further relief as the Court deems necessary and proper in the public interest.
I. Award the Commission its costs in this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised in the 5

Complaint.

Respectfully submitted,
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
/s/ JACQUELINE MCNAIR Regional Attorney (signed by Maria Morocco with permission of Jacqueline McNair)
/s/ DEBRA M. LAW RENCE Supervisory Trial Attorney (signed by Maria Morocco with permission of Debra Lawrence)
__________/s/_______________ MARIA LUISA MOROCCO 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) 962-4260 Fax: (410) 962-4270
6

 
 Case 8:06-cv-01 066-RWT Document 6 Filed 08/30/2006 Page 1 of 4

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

~,,(' 0 1 2006

U.S. EQUAL EMPLOYMENT OPPORTUNITY)

COMMISSION,

)

10 S. Howard Street, 3rd Floor

)

Baltimore, MD 21201

)

)

Plaintiff,

)

v.

)

)

THE NASDAQ STOCK MARKET, INC.

)

9600 Blackwell Road

)

Rockville, MD 20850

)

)

)

Defendant.

)

Civil Action No. 06-1066-RWT

CONSENT DECREE This action was instituted by Plaintiff, the U.S. Equal Employment Opportunity Commission (the "EEOC" or the "Commission"), against Defendant, The Nasdaq Stock Market, Inc. ("Defendant" or "NASDAQ") alleging violations of Section 70:-3(a) of Title VII of tlle Civil Rights Act of 19M ("Title VII"), as amended, 42 U.S.c. § 2000e-2(a), and of the Equal Pay Act (the "EPA"), as incorporated into the Fair
Labor Standards Act, 29 U.S.c. §§ 206(d)(1) and 21S(a)(2). The complaint alleges that Defendant
discriminated against Akiba Scroggins, an Analyst in its Economic Research Department, by denying her promotions and equal pay because of her race, Ali-ican-American, and sex.
The Commission and Defendant desire to resolve this action witllout tlle time and expense of continued litigation, and they desire to fOIlIlulate a plan to be embodied in a Decree which will promote and eilcctuate the purposes of Title VII and the EPA.
This Decree shall not constitute an adjudication on the merits of the Commission's case and shall not be construed as an admission by Defenclant of any discriminatory practice or as a waiver by the Commission of any contentions of discrimination.

Case 8:06-cv-01 066-RWT Document 6 Filed 08/30/2006 Page 2 of 4

The Court has examined this Decree and finds that it is reasonable and just and in accordance with

the Federal Rules of Civil Procedure, Title VII, and tile EPA. Therefore, upon due consideration of the

record herein and being fully advised in tile premises, it is hereby ORDERED, ADJUDGED AND

DECREED:

1.

This Decree resolves all issues and claims alleged in tile Complaint filed by tile

Commission in this action, that emanated from the Charge of Discrimination filed by Akiba Scroggins.

2.

This Decree shall be in effect for a period of one year ii"OlIl the date it is entered by the

Court.

3.

Dclcndant, its oflicers, agents, selvants, employees, successors, assigns, and all persons

acting or claiming to act on its behalf, shall not violate Title VII and the EPA with regard to the promotion

and pay of its employees in the Economic Research Department at its Rockville, Maryland, facility.

Discrimination witil rq,rarcl to promotions and pay violates Title VII, which, in part, is set forth below:

It shall be an unlawful employment practice for an employer -(1) '" to discriminate ag-ainst any individual with respectto Ihis or her! ... terms, conditions, or privileges of employment, because of such individual's race, color, relihrion, sex, or national ori6rin ...

1\,2lJ.S.C. § 2000e-2(a)(l). Discrimination with regards to pay violates the EPA, which, in part is set forth

below:

No employer ... shall discriminate '" between employees on tile basis of sex by paying wages to employees ... at a rate less tllan tile rate at which he pays wages to employees of the opposite sex ... for equal work on jobs the performance of which requires equal skill, clTort, and I"esponsibility, and which arc performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a dillcrential based on any other factor other than sex ....

29 U.S.C. § 206(d)(l).

1.

Eflective August 1, 2006, Akiba Scroggins' annual salalY will be increased prospectively to

an clrective rate of $100,369.

2

Case B:06-cv-01066-RWT Document 6 Filed OB/30/2006 Page 3 of 4

5.

Within thirty (30) days after cntry of this Decrcc, Defendant will pay to Akiba Scroggins

S65,000, minus appropriate withholdings, which amount rcpresents back pay.

6.

Within thirty (30) days after enlly of this Decrce, Defendant will pay to Akiba Scroggins the

gross amount of SI 0,000, which amount reprcsents compcnsatory damages.

7.

Within sixty (60) days after the entry of this Decree, Defendant will provide at least two (2)

hours of training, led by an outside attorncy or consultant, for all managers in die Economic Research

Deparllnent above lcvel48, and for all human resources personnel, in iL~ Rockville, Malyland, facility. The

training will focus on complying with federal anti-discrimination laws, including but not limited to Title VII

and tile EPA, to prcvcnt discrimination in pay and promotions. Widlin sevcn (7) business days after tile

training has becn completed, Defcndant will provide ccrtification to Commission counsel of record dlat

such training has been provided, including tile datels] and location Is] of tile training, and tllC identities of the

ll'ainees and trainers.

8.

EvclY 180 days, and continuing for tile life of tllis Decree, Defendant will submit a

writtcn report to Commission Counsel of record identifYing any complaints of race or gender

discrimination, whetllcr intcrnal or extcrnal, Defcndant has received based on payor promotions in tile

Economic Rescarch Deparllncnt at tile Rockville, Malyland, facility.

Subjcct to thesc provisions and this Court's jurisdiction to enforce the provisions of tllis Consent

Dccree, it is furthcr

ORDERED that this case shall be and hercby is dismissed Witll prejudice, with die Commission

and Defcndant each bearing tllcir own costs and attorneys' fecs.

3

Case 8:06-cv-01066-RWT Document 6 Filed 08/30/2006 Page 4 of 4

The undersigned counsel of record in the above-captioned action hereby consent, on

behalf of their respective clients, to the entry of the foregoing Consent Decree.

FOR DEFENDANT:

FOR PLAINTIFF:

______ -.-1s/ __________ _
Lilliam Machado Furey Doolan & Abell, LLP 8401 Connecticut Ave., Suite 1100 Chevy Chase, Maryland 20815
(signed by Maria Morocco with pennission of Lilliam Machado)

________ -.-1s/ ________ _
Jaqueline McNair Regional Attomey (Signed by Maria Morocco with permission oUacquclille McNair)
__________.Jsl___________
Debra M. La\\TenCe Supervisory Trial Attorney (signed by Maria Morocco with permission of Debra Lawrence)
________ -.-1 s/ _____________ _
Maria Luisa Morocco Senior Trial Attomey EEOC Baltimore Field Oflice 10 S. Howard St., 3"' Floor Baltimore, MD 21201

4

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

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?792275041416941-L_3...

U.S. District Court District of Maryland (Greenbelt) CIVIL DOCKET FOR CASE #: 8:06-cv-01066-RWT

CLOSED

U.S. EEOC v. The Nasdaq Stock Market, Inc. Assigned to: Judge Roger W Titus Cause: 42:2003 Job Discrimination
Plaintiff U.S. Equal Employment Opportunity Commission

Date Filed: 04/27/2006 Date Terminated: 08/31/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
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 LEAD ATTORNEY 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 ATTORNEY TO BE NOTICED

V.

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

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?792275041416941-L_3...

Defendant The Nasdaq Stock Market, Inc.

Date Filed 04/27/2006
04/27/2006 04/28/2006 08/01/2006
08/08/2006 08/18/2006 08/30/2006 08/31/2006

#

Docket Text

1 COMPLAINT against The Nasdaq Stock Market, Inc. , filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(ljs, Deputy Clerk) (Entered: 04/28/2006)
Jury Trial Demand by U.S. Equal Employment Opportunity Commission. (ljs, Deputy Clerk) (Entered: 04/28/2006)
2 Summons Issued 20 days as to The Nasdaq Stock Market, Inc.. (ljs, Deputy Clerk) (Entered: 04/28/2006)
3 Correspondence from Courtroom Deputy re: Service not effectuated and Request for Status Report. Status Report due by 8/15/2006. (hbm, Courtroom Deputy Clerk) (Entered: 08/01/2006)
4 NOTICE by U.S. Equal Employment Opportunity Commission concerning service of summons (Morocco, Maria) (Entered: 08/08/2006)
5 WAIVER OF SERVICE Returned Executed by U.S. Equal Employment Opportunity Commission. (Morocco, Maria) (Entered: 08/18/2006)
6 SETTLEMENT AGREEMENT (Consent Decree) by U.S. Equal Employment Opportunity Commission. (Morocco, Maria) (Entered: 08/30/2006)
7 CONSENT DECREE, and that this case shall be and hereby is, dismissed with prejudice, with the Commission and Defendant each bearing their own costs and attorney's fees.. Signed by Judge Roger W Titus on 08/31/2006. (elt, Deputy Clerk) (Entered: 09/01/2006)

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