Case 3:05-cv-OO990-TJC-TEM Document 1 Filed 09/28/2005 Page 1 of 6

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
No
MOTHERS WORK, INC., D/B/A MOTHERHOOD,
Defendant.

CIVIL ACTION NO.
’.oS-¢<:-qqO-
COMPLAINT JURY TRIAL DEMAND
INJUNCTIVE RELIEF REQUESTED

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 con’ect unlawful employment practices on the basis of sex, female and pregnancy, and to provide appropriate relief due to La Shonda Bums, and any other sin-filarly situated individuals, who were adversely affected by such practices. As stated with greater particularity in paragraph 7 below, the United States Equal Employment Opportunity Commission (hereinafter the "EEOC" or "Commission") alleges that Defendant denied qualified applicants for hire an associate sales position because of their sex, female and pregnancy. Moreover, the Commission alleges that Defendant subjected La Shonda Bums to discipline and terminated Ms. Burns because it believed Ms. Burns was pregnant, and in retaliation for her complaints regarding Defendant’s policy and practice of discrimination against pregnant

Case 3:05-cv-OO990-TJC-TEM Document 1 Filed 09/28/2005 Page 2 of 6
applicants. JURISDICTION AND VENUE
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 706 (f)(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 Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Middle District of Florida, Jacksonville Division.
PARTIES 3. Plaintiff, the EEOC, 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(0(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Mothers Work, Inc. d/b/a Motherhood ("Defendant"), has continuously been doing business in the State of Florida and the City of St. Augustine, 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 wittfin 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, La Shonda Bums

Case 3:05-cv-OO990-TJC-TEM Document 1 Filed 09/28/2005 Page 3 of 6
filed a charge with the Commission alleging violations of Title VII by Defendant. This charge was investigated on behalf of La Shonda Burns and other similarly situated individuals. All conditions precedent to the institution of this lawsuit have been fulfilled.
7. Since at least October 2003, Defendant has engaged in unlawful employment practices at its St. Augustine, Florida location, in violation of Section 703(a)(1 ) of Title VII. 42 U.S.C. § 2000e-2(a).
a. La Shonda Bums began working for Defendant at its St. Augustine, Florida store in or about November 2001.
b. Ms. Bums performed her duties without incident until on or about October 2003.
c. In or about October 2003 and continuing throughout approximately June 2004, Defendant began to interview applicants for available sales associate positions at ihe location where Ms. Bums was employed.
d. Defendant failed to hire applicants who ~vere visibly pregnant or who through interview questions it learned that the applicants were pregnant.
e. La Shondra Bums opposed Defendant’s practice of not hiring qualified pregnant women into sales associate positions.
f. Defendant subsequently advised Ms. Bums that it believed Ms. Bums to be pregnant.
g. On or about late June through early August 2004, Defendant disciplined and subsequently terminated Ms. Bums in retaliation for her opposition

Case 3:05-cv-OO990-TJC-TEM Document 1 Filed 09/28/2005 Page 4 of 6
to Defendant’s practice of not hiring qualified preomaant women and/or because it believed that Ms. Burns was pregnant. 8. The effect of the unlawful employment practices complained of in paragraph 7 above has been to deprive LaShonda Bums and any other similarly situated individuals of equal employment opportunities, and otherwise adversely affect their status as an employee because of their sex, female. The unlawful employment practices complained of in paragraph 7 above were intentional. 10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of La Shonda Bums and any other similarly situated individuals.
PRAYER FOR RELIEF Wherefore, the Commission requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns and all persons in active concert or participation with them, from engaging in sex and pregnancy discrimination in employment practices and any other employment practice which discriminates on the basis of sex. B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for women which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to make whole La Shonda Bums and any other similarly situated
4

Case 3:05-cv-OO990-TJC-TEM Document 1 Filed 09/28/2005 Page 5 of 6

individuals by providing appropriate back pay with prejudgment 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, rightful-place hiring, and front

Order Defendant tO make whole La Shonda Bums and any other similarly situated

individuals by providing compensation for past and future pecuniary losses resulting from the

employment practices described in paragraphs seven through ten above, including but not limited

to, out-of-pocket losses, medical expenses and job search expenses, in anaounts to be determined

at trial.

E. Order Defendant to make whole La Shonda Bums and any other similarly situated

individuals by providing compensation for past and future nonpecuniary losses resulting from

the employment practices described in paragraphs seven through ten above, including but not

limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation,

in amounts to be detemfined at trial.

F. Order Defendmat to pay La Shonda Bums and any other similarly situated

individuals punitive damages for its malicious and reckless conduct described in paragraphs

seven through ten above, in an amount to be detemfined at trial.

Go

Grant such further relief as the Court deems necessary and proper in the public

interest.

H. Award the Commission its costs of this action.

Case 3:05-cv-OO990-TJC-TEM Document 1 Filed 09/28/2005 Page 6 of 6
JURY TRL~L DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully Submitted,
JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel DELNER FRANKLIN-THOMAS Regional Attorney
Florida Bar No. 0171591 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Miami District Office One Biscayne Tower, Suite 2700 Two Biscayne Boulevard Miami, Florida 33131 Tel. (305) 530-6009 Direct Tel. (305) 536-6001 Main Fax (305) 536-4494 E-mail: Cheryl.Cooper@eeoc. gov
6

 
 Case 3:05-cv-OO990-TJC-TEM Document 16 Filed 02/06/2006 Page 1 of 16

FILED

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

JACKSONVILLE DIVISION

Zi; ,b FEO -b P 2:30

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

LA SHONDA BURNS Intervenor-Plaintiff,
V.

Civil Action No.: 3:05-CV-990-J-32 TEM

MOTHERS WORK, INC. D/B/A MOTHERHOOD,
Defendant.
/

INTERVENOR-PLAINTIFF, LASHONDA BURNS’ COMPLAINT AND DEMAND FOR JURY TRIAL

Intervenor- Plaintiff, LASHONDA BURNS, by and through her undersigned

counsel, hereby sues Defendant, Mothers Work, Inc., D/B/A Motherhood (hereinafter,

"Mothers Work"), and alleges the following:

Introduction

1. This action involves claims of pregnancy discrimination and retaliation for

Plaintiff s objections to Defendant’s discriminatory practices, pursuant to Title VII of the

Civil Rights Act of 1964, 42 U.S.C. §2000e, et ~ 1991, as amended by the Civil Rights

Act of 1991, and pursuant to the Florida Civil Rights Act of 1992, Florida Statutes

§760.01, et ~ and the Florida Whistleblower Act, Florida Statute §448.101 et seq. and

is brought by Intervenor Bums (hereafter "Bums").

Jurisdiction, Venue and Parties

2. This action arises, in part, under Title VII of the Civil Rights Act of 1964,

42 U.S.C. §2000 et seq~. as amended by the Civil Rights Act of 1991. This Court has

Case 3:05-cv-OO990-TJC-TEM Document 16 Filed 02/06/2006 Page 2 of 16
original jurisdiction to grant relief pursuant to 28 U.S.C. §§1331, 1332(a)(1), and 1343(4). This Court is vested with jurisdiction to order an injunction, front pay, back pay or any other equitable relief as may be proper, and compensatory and punitive damages, attorney’s fees and costs pursuant to 42 U.S.C. §§1981a and 2000e - 2(a) and 5(k). This action also arises in part under the Florida Civil Rights Act of 1992, Florida Statutes §760.01 et se~ (The "FCRA"), and the Florida Whistleblower Act, Florida Statutes §448.101 et se~ This Court has jurisdiction over all state law claims pursuant to 28 U.S.C. §§1332(a)(1) and 1367. The state claims herein are for damages in excess of $75,000.00 and are therefore within the jurisdiction of this Court.
3. Venue is proper in the Jacksonville Division of the Middle District of Florida pursuant to 28 U.S.C. §1391(a) and (c) because Defendant has a place of business located in St. Augustine, Florida, where Bums was employed and suffered the discriminatory and retaliatory actions complained of, such that the unlawful employment practices giving rise to this action were committed within this judicial district.
4. Plaintiff, EEOC, made a finding of pregnancy discrimination and retaliation against Mothers Work and filed suit in its own right on behalf of Bums, giving her the right to intervene as a plaintiff. Bums brings her claims herein as an intervening plaintiff. A copy of the EEOC’s letter of determination is attached to this Complaint as Intervenor’s Exhibit "A."
5. Intervenor-Plaintiff Bums is an individual who resides in St. John’s County, Florida during the time of her employment with Mothers Work. Bums was employed by Mothers Work in the position of Sales Associate and Assistant Manager. She is female and is therefore protected from discrimination in employment under the
2

Case 3:05-cv-OO990-TJC-TEM Document 16 Filed 02/06/2006 Page 3 of 16
FCRA and Title VII. 6. Defendant, Mothers Work, is incorporated in Delaware and has its
principal executive office in Pennsylvania, and at all times material was and is engaged in providing retail sale of maternity clothing and items in the United States, Canada and Puerto Rico, including in the State of Florida, and including in the city of St. Augustine, Florida. Mothers Work is an "employer" as defined by 42 U.S.C. §2000e(b) and §760.02(7), Florida Statutes and §448.101(3), Florida Statutes because it employs fifteen or more employees for each working day and each of twenty or more calendar weeks in the current or proceeding calendar year.
Compliance with Procedural Requirements 7. Bums timely filed a Charge of Discrimination with the Equal Employment Opportunity Commission and the Florida Commission on Human Relations, alleging pregnancy discrimination and retaliation. A copy of the Charge of Discrimination is attached as Exhibit "B." Bums has satisfied any and all administrative requirements precedent to the filing of this action pursuant to Title VII and §750.11, Florida Statutes. This action has been filed after receipt of the Letter of Determination from the EEOC attached as Exhibit "A," and more than 180 days after Bums filed her charge with the FCHR, with no action having been taken by the FCHR on her charge prior to the filing of this action.
General Allegations Applicable to all Counts 8. Bums was employed with Mothers Work as a Sales Associate and Assistant Manager from approximately November 2001, until her discriminatory and retaliatory termination in August 2004.

Case 3:05-cv-OO990-TJC-TEM Document 16 Filed 02/06/2006 Page 4 of 16
9. At all times material in her employment with Mothers Work, Bums was a fully qualified, competent and dedicated employee. Bums received reprimands and other disciplinary action after she objected to Defendant’s discriminatory practices. The discipline received after her objections, including her suspension without pay while her claims of discrimination were investigated by Mothers Work, was not warranted and was in retaliation for her objections.
10. Since at least October 2003, Mothers Work has engaged in unlawful employment practices at its St. Augustine, Florida location in violation of Ms. Bums’ rights under §703(a)(1) of Title VII, 42 U.S.C. §2000e - 2(a) and Florida Statutes §760.01 et seq:. and Florida Statutes §448.101, et se~., including:
A. Burns began working for Mothers Work at its St. Augustine, Florida store in or about November 2001.
B. Bums performed her duties without incident until on or about October 2003.
C. In or about November 2003 and continuing throughout approximately June 2004, Bums began to interview applicants for available Sales Associate positions at the location where Bums was employed.
D. Defendant failed to hire applicants who were visibly pregnant or who through interview questions it learned the applicants were pregnant.
E. Bums opposed Defendant’s practices of not hiring qualified pregnant women into Sales Associate positions.
F. Mothers Work subsequently advised Bums that it believed Bums to be pregnant.
4

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G. On or about late June through early August 2004, Defendant disciplined and subsequently terminated Bums in retaliation for her opposition to Mothers Work’s pattern and practice of not hiring qualified pregnant women and/or because it believed that Bums was pregnant. 11. The effect of the unlawful employment practices complained of in Paragraph 10 above has been to deprive Bums of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex, female. 12. The unlawful employment practices complained of above were intentional. 13. The unlawful employment practices complained of above were done with malice or with reckless indifference to Bums’ Federal and State law rights. 14. All conditions precedent to filing this action have been performed, have occurred, or have been waived. 15. Bums has engaged the services of undersigned legal counsel and is obligated to pay legal counsel their fees incurred in the prosecution of her claims in this action. Count I Violation of Title VII of the Civil Rights Act of 1964~ as Amended
Pregnancy Discrimination 16. Bums repeats and realleges the allegations in Paragraphs 1 through 15. 17. Bums had all the necessary qualifications and did, in fact, adequately and effectively perform all of the duties of her position. 18. The adverse employment action to which Bums was subjected was based upon her gender, female, in that Mothers Work believed that she was pregnant and

Case 3:05-cv-OO990-TJC-TEM Document 16 Filed 02/06/2006 Page 6 of 16
subjected her to the adverse employment action as a consequence of this belief. 19. Mothers Work, by and through its owners, agents, directors, and/or
supervisors violated 42 U.S.C. §2000e - 2(a) and 5(k) by perpetrating, tolerating and/or condoning pregnancy discrimination in the workplace and subjecting Burns to adverse employment action due to such discriminatory practices.
20. Bums suffered an adverse employment action when Mothers Work suspended her without pay and terminated her due to its belief that she was pregnant.
21. The conduct of Mothers Work, by and through its agents, employees, managers, partners, supervisors and/or corporate executives, and Mothers Work’s failure to investigate and/or to take prompt remedial action to prevent continued discrimination deprived Bums of her statutory rights under Title VII.
22. Neither a legitimate non-discriminatory reason nor bona fide occupational qualification exists to justify Mothers Work’s intentional disparate treatment of Bums. Mothers Work failed to institute an adequate complaint procedure and further failed to take reasonable care to prevent incorrectly reported pregnancy discrimination.
23. The actions of Mothers Work and/or its agents, were willful, wanton, intentional and with malice or with reckless indifference to Bums Federal and State protected rights, entitling Bums to damages in the form of compensatory and punitive damages pursuant to §2000(e) - 5(g) to punish Mothers Work for these actions and to deter Mothers Work, and others, from such actions in the future.
24. The actions of Mothers Work make reinstatement ineffective as a make whole remedy, entitling Bums to front pay in lieu of reinstatement.
25. As a direct, proximate and foreseeable result of the actions of Mothers

Case 3:05-cv-OO990-TJC-TEM Document 16 Filed 02/06/2006 Page 7 of 16
Work, Bums has suffered past and future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, loss of dignity, emotional distress, and humiliation as well as other non-pecuniary losses and intangible injuries.
Demand for Relief WHEREFORE, Intervenor-Plaintiff La Shonda Bums, demands judgment against Defendant Mothers Work, Inc., d/b/a Motherhood, for back pay, front pay in lieu of reinstatement, compensatory damages, punitive damages, prejudgment interest, attorney’s fees, costs of this action and such other relief as this Court deems just and proper. Count II Violation of Title VII of the Civil Rights Act of 1964~ as Amended
Retaliation 26. Bums repeats and realleges the allegations in Paragraphs 1 through 15 above. 27. Mothers Work violated Title VII of the Civil Rights Act of 1964, as Amended, 42 USC § 2000e-3(a), by retaliating against Bums for complaining about the pregnancy discrimination to which she was subjected and Mothers Work’s discriminatory practice of not hiring pregnant applicants and firing applicants it believed were pregnant, which is an unlawful employment practice under Title VII. Ultimately, this retaliation culminated in Bums unlawful termination in August, 2003. 28. The actions of Mothers Work and/or its agents were willful, wanton, intentional and with malice or reckless indifference to Bums federally protected rights, entitling Bums to damages in the form of compensatory and punitive damages pursuant to §2000e - 5(g) to punish Mothers Work for these actions and to deter Mothers Work,
7

Case 3:05-cv-OO990-TJC-TEM Document 16 Filed 02/06/2006 Page 8 of 16
and others, from such actions in the future. 29. The actions of Mothers Work make reinstatement ineffective as a make
whole remedy, entitling Burns to front pay in lieu of reinstatement. 30. As a direct, proximate and foreseeable result of the actions of Mothers
Work’s actions, Burns has suffered past and will suffer future pecuniary losses, emotional pain and suffering, inconvenience and mental anguish, loss of enjoyment of life, loss of dignity, emotional distress, and humiliation as well as other non-pecuniary losses and intangible injuries.
Demand for Relief WHEREFORE, Intervenor-Plaintiff La Shonda Burns, demands judgment against Defendant Mothers Work, Inc., d/b/a Motherhood, for back pay, front pay in lieu of reinstatement, compensatory damages, punitive damages, prejudgment interest, attorney’s fees, costs of this action and such other relief as this Court deems just and proper.
Count III Violation of the Florida Civil Rights Act of 1992 Pregnancy Discrimination
31. Burns repeats and reallegcs the allegations in Paragraphs 1 through 15
above.
32. The discrimination to which Burns was subjected was based upon her gender, female, in that Mothers Work believed that she was pregnant and subjected her to the adverse employment action as a consequence of this belief.
33. Mothers Work violated Florida Statute §760.01, et seo., by intentionally discriminating against Bums and subjecting her to different terms and conditions of

Case 3:05-cv-OO990-TJC-TEM Document 16 Filed 02/06/2006 Page 9 of 16
employment on the basis of her sex, including termination from employment, as more specifically alleged in the general allegation section of this Complaint above.
34. There was no legitimate non-discriminatory reason to justify Mothers Work intentional disparate treatment of bums.
35. The actions of Mothers Work and/or its agents, employees, managers, supervisors, and/or corporate executives were willful, wanton, intentional and were performed with malice or with reckless indifference to Bums legally protected rights, entitling Bums to damages in the form of compensatory and punitive damages pursuant to Florida Statutes §760.11(5) to punish Mothers Work for its action and to deter it, and others, from taking such actions in the future.
36. The actions of Mothers Work make reinstatement ineffective as a make whole remedy, entitling Bums to front pay in lieu of reinstatement.
37. As a direct, proximate and foreseeable result of the of Mothers Work’s actions, Bums has suffered past and will suffer future pecuniary losses, emotional .pain suffering, inconvenience and mental anguish, loss of enjoyment of life, loss of dignity, emotional distress, and humiliation as well as other non-pecuniary losses and intangible injuries.
Demand for Relief WHEREFORE, Intervenor-Plaintiff La Shonda Bums, demands judgment against Defendant Mothers Work, Inc., d/b/a Motherhood, for back pay, front pay in lieu of reinstatement, compensatory damages, punitive damages, prejudgment interest, attorney’s fees, costs of this action and such other relief as this Court deems just and proper.
9

Case 3:05-cv-OO990-TJC-TEM Document 16 Filed 02/06/2006 Page 10 of 16
Count III Violation of the Florida Civil Rights Act of 1992 Retaliation
38. Bums repeats and realleges the allegations in Paragraphs 1 through 15 above.
39. Mothers Work violated Florida Statutes §760.10(7) by retaliating against Bums for complaining about the pregnancy discrimination to which she was subjected and to the discriminatory practice of Mothers Work in not hiring pregnant applicants and firing applicants it believed to be pregnant, an unlawful employment practice under Florida Statutes §760.10(1). Ultimately this retaliation culminated in Bums’ unlawful termination in August, 2003.
40. The actions of Mothers Work and/or its agents were willful, wanton, intentional and were performed with malice or with reckless indifference to Bums protected rights, entitling Bums to damages in the form of compensatory and punitive damages pursuant to Florida Statutes §760.11(5) to punish Mothers Work for these actions and to deter Mothers Work, and others, from such actions in the future.
41. The actions of Mothers Work make reinstatement ineffective as a make whole remedy, entitling Bums to front pay in lieu of reinstatement.
42. As a direct, proximate and foreseeable result of Mothers Work’s actions, Bums has suffered past and future pecuniary losses, emotional pain and suffering, inconvenience and mental anguish, loss of enjoyment of life, loss of dignity, emotional distress, and humiliation as well as other non-pecuniary losses and intangible injuries.
10

Case 3:05-cv-OO990-TJC-TEM Document 16 Filed 02/06/2006 Page 11 of 16
Demand for Relief WHEREFORE, Intervenor-Plaintiff La Shonda Bums, demands judgment against Defendant Mothers Work, Inc., d/b/a Motherhood, for back pay, front pay in lieu of reinstatement, compensatory damages, punitive damages, prejudgment interest, attorney’s fees, costs of this action and such other relief as this Court deems just and proper.
Count V Violation of the Florida Whistleblower Act 43. Bums repeats and realleges the allegations in Paragraphs 1 through 15 above. 44. Bums objected to and/or refused to participate in Mothers Work’s discriminatory practice of not hiring pregnant applicants and firing employees that it believed to be pregnant. Bums objected to her direct supervisor, and to corporate management. Bums was suspended, without pay, after her complaint to corporate management, while corporate management said it was investigating her complaint. Corporate management either did not conduct an investigation, or conducted an inadequate investigation of Bums’ complaint. 45 As a result of Bums’ objection to and/or refusal to participate in the discriminatory practices of Mothers Work, she was subjected to retaliatory adverse employment action, including the termination of her employment, in violation of Florida Statute § 448.101, ~ 46. As a direct, proximate and foreseeable result of Mothers Work’s actions, Bums has suffered past and will suffer future pecuniary losses; emotional pain and suffering, inconvenience and mental anguish, loss of enjoyment of life, loss of dignity,
11

Case 3:05-cv-OO990-TJC-TEM Document 16 Filed 02/06/2006 Page 12 of 16
emotional distress, and humiliation as well as other non-pecuniary losses and intangible injuries.
47. The actions of Mothers Work make reinstatement ineffective as a make whole remedy, entitling Bums to front pay in lieu of reinstatement.
Demand for Relief WHEREFORE, Intervenor-Plaintiff La Shonda Bums, demands judgment against Defendant Mothers Work, Inc., d/b/a Motherhood, for back pay, front pay in lieu of reinstatement, compensatory damages, prejudgment interest, attorney’s fees, costs of this action and such other relief as this Court deems just and proper.
Demand for Jury Trial Intervenor-Plaintiff, La Shonda Bums, demands a trial by jury on all issues so triable in each Count of the Intervenor-Complaint.
Ada A. Hammond, ~ Charles M. Johnston, Esq. Florida Bar No.: 264741 JOHNSTON & HAMMOND 2223 Oak Street Jacksonville, Florida 32204 Tel.: (904) 358-7400 Fax: (904) 358-7301 Attomeys for Lashonda Bums
CERTIFICATE OF SERVICE I HEREBY CERTIFY, that a true and correct copy of the foregoing has been furnished by eFacsimile (877) 432-9652 and U.S. Mail to Mark E. Zelek, Esq., and
12

Case 3:05-cv-OO990-TJC-TEM Document 16 Filed 02/06/2006 Page 13 of 16 Douglas C. Adams, Esq., Morgan, Lewis & Bokius LLP, 5300 Wachovia Financial Center, 200 South Biscayne Boulevard, Miami, FL 33131, attomeys for Defendant, and by Facsimile (305) 536-4494 and U.S. Mail to Cheryl A. Cooper, Esq., Equal Employment Opportunity Commission, Miami District Office, One Biscayne Tower, Suite 2700, Two Biscayne Boulevard, Miami, FL 33131, attorney for Plaintiff, on this Monday, February 06, 2006.
__Attom~~
13

Case 3:05-cv-00990-TJC-TEM Document 16 Filed U2706/2006 P age-4-4~f-",6 Case 3:05-cv-00990:_ .,C-TEM Document 11 Filed 12/0,... _005 Page 20 of 23

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Miami District Office

one Biscayn¢ Tower 2 South Biscayne Bird, Suite 2700

(305) 5364491 TrY(305) $36-5721 FAX (305) 536-4011

EEOC Charge No: 150-2004-04281

La Shonda Burns 52 Lamanch Drive Palm Coast, FL 32137
Mothers Work, Inc., d/b/a Motherhood 2700 State Road 16, Suite 806 St. Augustine, FL 32092

Charging Party Respondent

LETTER OF DETERMINATION
I issue the following determination on the merits of this charge.
Respondent is an employer within the meaning of Title VII of the Civil Rights Act of 1964,as amended. Timeliness, deferral, and all other requirements for coverage have been met.
Charging Party alleged that the Respondent has a practice of not hiring pregnant women and that Respondent terminated her because Respondent thought she was pregnant and because she opposed the Respondent’s policy and practice of pregnancy discrimination in violation of Title VII.
I have determined that the evidence obtained during the investigation, and Respondent’s failure to cooperate, establishes that there is reasonable cause to believe that Respondent discriminated against qualified applicants for hire because they were pregnant in violation of Title VII of the Civil Rights Act of 1964. Additionally, I have determined that the Charging Party was discriminated against because of her sex, female, in violation of Title VII of the Civil Rights Act of 1964. Moreover, I have determined that Respondent retaliated against Charging Party for opposing Respondent’s policy and practice of discrimination against pregnant employees and applicants for hire, by terminating her employment, in violation of Title VII of the Civil Rights Act of 1964, as amended.
Upon finding that there is reason to believe that a violation has occurred, the Commission attempts to eliminate the alleged unlawful practices by informal methods of conciliation.

EXHIBIT A

’ CaCseas3e:035:0-5c-vc-vO-0O0999900--.T~JCC--TTEEMMDDocoucmuemnet n11t 1F6ileFdi]1~2-/c0t..0_20/0056/P2a0g0e62.1...o..f..23P~
Letter of Determination EEOC Charge No. 150-2004-04281 Page 2
Therefore, the Commission now invites the parties to join with it in reaching a just resolution of this matter. The confidentiality provisions of Sections 706 and 709 of Title VII and the Commission Regulations apply to information obtained during conciliation.
Please complete the enclosed Invitation to Conciliate and return to the Commission at the above address no later than MondaM, 12, 2005. You may fax your response directly to (305)536-4011 to the attention of Dennis Kendrick, Investigator. Failure to respond by Monday, September 12, 2005 will indicate that you are not interested in conciliating this matter and the Commission will determine that efforts to conciliate this charge as required by Title VII of the Civil Rights Act of 1964, as amended, have been unsuccessful.
of the Commission:

6~te ’

~t~:OstalesDirector

Enclosure: Invitation to Conciliate
cc: Sent by mail and telefax: 215-625-9379
Craig schwartz, Esq., General Counsel Mothers Work, Inc. 456 N. 5th St. Philadelphia, PA 19123
Ada Hammond, Esq. 2223 Oak St. Jacksonville, FL 32092

Filed 02/06/2006 Pag6-T~-~)f 15

Case 3:05-cv-OO990-TJC-TEM Document 16 Case 3:05-cv-00990-..C-TEM Document 11

Filed 12/0. _005 Page 23 of 23

CHARGE OF DISCRIMINATION

~E.~

o~,~

52,.L~mnnch Dr~ve. ~I= CoEs~., ~l~r~a 32137

d/~/~ Mo~r~mme

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~others Work, ~nc...,

(215_) .8~3-2~00 .

4~6 Kg~h :5~h S~ree~, ~l~del~{a, P~ 19123

._

i

applicants and e~1oyeel In v~latlon of Ti%le V~I of the Civil R~ghts a ~d ~s Pregnancy Ac~ prussians, and ~he Florida C~v~l Rig~ Ac~. 2. ~ opossed ~he policy and pEac~lae and al,O comp~aine~ ~0 my
3. I was asked if I ~s pr~na~ when Z he.me ill and ~ V~tol~ I w~r~ here ~f I
4, I ~s discriminated agalns~ ~e~auso ~ ~loye= believed ~ ~y ~ p~agnanat~d re~allate~ ag~ins~ foe ~ opposition and complaints abou~ the discriminator p~i~eiees and ~eceived hostile and adverse emplo~int aotlon, IncZuding te/mlnatlon in violatio~ of Fede~el and S~a~e dlscEimlna~ion laws.

................

EXHIBIT B

 
 Case 3:05-cv-00990-TJC-TEM Document 27 Filed 04/18/2006 Page 1 of 2

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

LA SHONDA BURNS,

Intervenor-Plaintiff, vs.

CASE NO.: 3:05-cv-990-J-32TEM

MOTHERS WORK, INC., d/b/a MOTHERHOOD,

Defendant.

ORDER This case came before the Court on Defendant Mothers Work, Inc.’s Motion to Dismiss Counts III and IV of Intervenor-Plaintiff's Complaint (Doc. #19) to which intervenorplaintiff filed a response (Doc. #23). The Court heard argument on the motion on April 11, 2006, the record of which is incorporated by reference. For the reasons stated on the record, it is hereby ORDERED: 1. Defendant Mothers Work, Inc.’s Motion to Dismiss Counts III and IV of Intervenor-Plaintiff's Complaint (Doc. #19) is DENIED. 2. Defendant's Amended Answer shall be served by April 25, 2006.

Case 3:05-cv-00990-TJC-TEM Document 27 Filed 04/18/2006 Page 2 of 2 DONE AND ORDERED at Jacksonville, Florida, this 18th day of April, 2006.
m. Copies to: Counsel of Record
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 Case 3:05-cv-00990-TJC-TEM Document 46 Filed 01/05/2007 Page 1 of 16

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
and
LASHONDA BURNS,
Plaintiff-Intervenor,
v.
MOTHERS WORK, INC., d/b/a MOTHERHOOD,
Defendant. /

CASE NO. 3:05-CV-990-J-32TEM

CONSENT DECREE
1. This Consent Decree (“Decree”) is made and entered into by and between Plaintiff, the United States Equal Employment Opportunity Commission (the “Commission” or "EEOC"), LaShonda Burns (“Plaintiff-Intervenor” or “Burns”) and Defendant, Mothers Work, Inc. d/b/a Motherhood (“Defendant” or “Motherhood”). The Commission, LaShonda Burns, and Defendant are collectively referred to as the “Parties” throughout this Decree.
2. The Commission filed this action on September 28, 2005 under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e et seq. (“Title VII”) and Title I of the Civil Rights Act of 1991 alleging unlawful employment practices on the basis of sex, female and pregnancy, and retaliation and to provide appropriate relief to LaShonda Burns and other similarly situated individuals who were

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adversely affected by such practices. On November 30, 2005, Defendant filed its Answer to the Commission’s Complaint denying the allegations. During the litigation, EEOC named Aimee Tart, Lakevia Rollins and Jackie Ciardiello as similarly situated individuals (the “Claimants”).
3. The Court granted Ms. Burns Motion to Intervene in this action. Like the EEOC, the Plaintiff-Intervenor alleged that Defendant violated Title VII and Title I. Ms. Burns’ Complaint also alleged that Defendant violated the Florida Civil Rights Act of 1992, Fla. Stat. Sec. 760.01, et seq., and the Florida Whistleblower Act. Defendant denies all of these allegations.
4. Nothing contained in this Decree shall be construed as an admission of liability on the part of the Defendant of any kind that any of its directors, officers, employees, or agents have violated or not been in compliance with the provisions of Title VII, Title I, or any other applicable laws, order, or regulations. Defendant has maintained throughout the course of this litigation that it provides equal employment opportunities to all employees and applicants.
5. All parties and their counsel recognize that, in the absence of an approved settlement, they face a long litigation course, including extensive formal discovery, motions for summary judgment, and trial and potential appellate proceedings, that will consume time and resources and present each of them with ongoing litigation risks and uncertainties. The parties wish to avoid these risks and uncertainties, as well as the consumption of time and resources, through amicable settlement pursuant to the terms and conditions of this Decree. Therefore, as a result of having engaged in comprehensive settlement negotiations, the Parties have agreed that this action should be finally resolved by the entry of this Decree. This Decree is final and binding on the Parties, their successors and assigns.
6. The Parties agree that this Decree resolves all claims against Defendant alleged in EEOC Charge Number 150-2004-04281 and the EEOC and Plaintiff-Intervenor’s Complaints filed in this action with regard to the Motherhood Maternity stores in Florida. The Parties further agree that this Decree does not resolve any Charges of Discrimination that may be pending with the EEOC other than the Charge referred to in this paragraph.
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I. FINDINGS
7. Having carefully examined the terms and provisions of this Decree, and based on the pleadings, record, and stipulations of the parties, the Court finds the following:
a. This Court has jurisdiction of the subject matter of this action and of the Parties. b. No party shall contest the jurisdiction of this Federal Court to enforce this Decree and its terms or the right of EEOC to bring an enforcement suit upon alleged breach of any term(s) of this Decree. c. The terms of this Decree are adequate, fair, reasonable, equitable, and just. The rights of LaShonda Burns, the Claimants, and the public interest are adequately protected by this Decree. d. This Decree conforms with the Federal Rules of Civil Procedure and Title VII and is not in derogation of the rights or privileges of any person. The entry of this Decree will further the objectives of Title VII and will be in the best interests of LaShonda Burns, the Claimants, Motherhood, EEOC and the public. e. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, and officers of Motherhood. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
II. GENERAL INJUNCTIVE PROVISIONS
8. Defendant, its officers, managers, employees, agents and partners, successors and assigns, are enjoined from engaging in conduct that discriminates on the basis of pregnancy in violation of Title VII of the Civil Rights Act of 1964, as amended.
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9. Defendant, its officers, managers, agents and partners, successors and assigns, and all persons acting in concert with it agree that they will not discriminate nor retaliate against any employee because he or she has opposed any of Defendant’s practices which the employee believed to be a violation of Title VII, filed a charge of discrimination with the EEOC alleging violation(s) of such statute, testified or participated in any manner in any investigation, proceeding, or hearing under Title VII, or asserted any rights under this Decree.
III. ANTI-DISCRIMINATION POLICY
10. As part of the training outlined in Section IV below, Defendant shall create a new antidiscrimination policy against sex discrimination, female and pregnancy, and retaliation (“Policy”). The Policy shall clearly define prohibited conduct and specifically prohibit failing to hire qualified female applicants because of their pregnancy, specifically prohibit terminating an employee because of her pregnancy or because she is believed to be pregnant, and specifically prohibit terminating an employee because of his or her complaints about pregnancy discrimination. The Policy shall also specify that prohibited behavior will not be tolerated from its employees, customers, clients and any other persons present at any of its facilities. The Policy shall provide that complaints of pregnancy discrimination may be made to any person in the chain of command above an employee or directly to human resources personnel; employees who make complaints of pregnancy discrimination and/or harassment or provide information related to such complaints will be protected against retaliation; employees will not be required to complain of pregnancy discrimination to a person against whom they allege pregnancy discrimination; the employer will protect the confidentiality of pregnancy discrimination complaints to the extent possible; the employer will take immediate and appropriate corrective action if and when it determines that pregnancy discrimination has occurred; employees who violate the Policy are subject to discipline up to and including discharge. Defendant agrees to distribute the Policy to all current and future employees at all its Motherhood Maternity stores in Florida as part of the Training described in
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Section IV below. 11. A copy of the Policy shall be forwarded to EEOC within thirty (30) calendar days of
entry of this Consent Decree. This and any other submissions, reports, certifications, notices, or other materials that are required to be submitted to EEOC shall be mailed to: Motherhood Settlement, c/o Senior Trial Attorney Cheryl Cooper, United States Equal Employment Opportunity Commission, 1 Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131.
12. The Policy shall be distributed to all of Defendant’s employees and management staff at all its Motherhood Maternity stores in Florida as part of the training describe in Section IV below and shall be included in any relevant policy or employee manuals kept by Defendant’s businesses. The Policy shall be kept and maintained in the policy and procedure manual which is located and easily accessible for the employees at Motherhood Maternity stores in Florida and printed in a font that is easily legible (at least 12 point font).
13. A copy of the Policy shall be distributed to each new permanent or temporary employee at the Motherhood Maternity stores in Florida on the day the employee is hired. The manager responsible for distributing the Policy to each new employee at the Motherhood Maternity stores in Florida shall review the Policy with the employee. Motherhood Maternity shall maintain records demonstrating that each new employee at the Motherhood Maternity stores in Florida discussed the Policy with the responsible manager.
IV. TRAINING
14. During each of the three (3) years covered by this Decree, Defendant shall provide up to a four (4) hour annual interactive training to all Motherhood Maternity Regional Managers and District Managers with supervisory responsibility over personnel who are employed at Motherhood Maternity’s stores in Florida (the “Supervisor Training”). Defendant agrees that the District Managers
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and/or any managers and other supervisory personnel who attended the annual training will then train all the employees at Motherhood Maternity stores in Florida in that District Manager’s District in Florida within sixty (60) calendar days after receiving the Supervisor Training. The annual training will specifically focus on equal employment opportunity laws (including pregnancy), and retaliation and the Defendant’s anti-discrimination policies, and the proper procedure to be followed if Defendant’s managers and/or supervisory personnel become aware of sex discrimination (including pregnancy) and retaliation in the workplace and/or if they receive a complaint of such discrimination. Defendant will provide the EEOC with at least two (2) weeks notice before it conducts its Supervisor Training session(s), with the date(s) and location(s) of the training, the identification of the training materials to be used at the training session, and the name and job title of the employees who will be in attendance at the training. The Supervisor Training shall be conducted by an organization mutually agreed upon by the EEOC and Defendant. Additionally, Defendant agrees that EEOC shall, at the EEOC’s discretion, be in attendance at each Supervisor Training session. The first Supervisor Training session shall take place within sixty (60) calendar days of entry of this Decree. The subsequent Supervisor Training sessions shall take place annually throughout the duration of the Decree and no later than March 30th of each year throughout the duration of the Decree.
15. Defendant agrees that the training described in paragraph 14 shall be given to all new managers and supervisors, who did not attend the annual training, within thirty (30) calendar days of being placed in a management or supervisory position at Motherhood Maternity stores in Florida. This training may be conducted by the Regional or District Managers who were previously a participant in a Supervisor Training session.
16. Upon reasonable request, Motherhood agrees to provide EEOC with any and all copies of pamphlets, brochures, outlines or other written materials provided to the participants of the training sessions.
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V. POSTING
17. Within five (5) business days after entry of this Decree, Motherhood shall post an eleven (11) inches by fourteen (14) inches laminated copy of the Notice attached as Exhibit A to this Decree. The notice shall be posted at all Motherhood Maternity stores in Florida for the duration of this Decree in a conspicuous location accessible to all employees (i.e. employee bulletin board or lunch room). The Notice shall remain posted for three (3) years from the date of entry of this Decree. Defendant shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. Motherhood shall certify to EEOC in writing within ten (10) business days after entry of the Decree that the Notice has been properly posted.
VI.RECORD KEEPING
18. For a period of three (3) years following entry of this Decree, Motherhood shall maintain and make available for inspection and copying by EEOC records (including name, age, social security number, address, home telephone number, mobile number, complaint and resolution of the complaint) of each person complaining about discrimination on the basis of pregnancy at Motherhood Maternity stores in Florida.
19. Motherhood shall make all documents or records referred to in Paragraphs 12, 13, and 16, available for inspection and copying within ten (10) business days after EEOC so requests. In addition, Motherhood shall provide the last known home address, and home telephone number for all persons within its employ during the term of the Decree whom EEOC requests and identifies for purposes of verifying compliance with this Decree within ten (10) business days of EEOC’s request. Moreover, Motherhood shall permit employees whom EEOC requests to interview for the purposes of verifying compliance with this Decree to speak confidentially with EEOC. In the event that EEOC is unable to contact an employee for purposes of verifying compliance with this Decree, it shall notify
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Motherhood and Motherhood shall, within ten (10) business days, provide EEOC with the employee’s scheduled hours of work over the next fourteen (14) day period so that EEOC can conduct interviews at employee breaks, at the end of the day, or at some other time convenient to the employee and EEOC. Motherhood agrees that it will not discourage employees from participating in these interviews.
20. Nothing contained in this Decree shall be construed to limit any obligation Motherhood may otherwise have to maintain records under Title VII or any other law or regulation.
VII. REPORTING
21. Motherhood shall furnish to EEOC the following written reports twice annually for a period of three (3) years following entry of this Decree. The first report shall be due no later than June 1, 2007 and thereafter by December 1st and June 1st annually. Each such report shall contain:
a. A description of each complaint of pregnancy discrimination at Defendant’s Motherhood Maternity stores in Florida, including the names, age, social security number, home address and home and mobile phone number of the complaining parties and witnesses and the resolution of such complaint, occurring within the six (6) month period preceding the report. Information identifying Motherhood employees produced pursuant to this Decree will only be used to facilitate compliance with this Decree.
b. A certification by Motherhood that the Notice required to be posted in Paragraph 17, above, remained posted during the entire six (6) month period preceding the report.
VIII. EXPUNGEMENT OF ENTRIES FROM PERSONNEL RECORDS
22. Defendant agrees to remove from LaShonda Burns’ and Aimee Tart’s personnel files any termination warnings, reports, or disciplinary documents regarding Ms. Burns and Ms. Tart within
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ten (10) business days of the entry of this Decree. The Defendant further agrees to give LaShonda Burns and Aimee Tart a letter of reference, attached as Exhibit B, within ten (10) business days from the entry of this Decree. Defendant agrees to verify the reference given to LaShonda Burns and Aimee Tart attached as Exhibit B if asked to do so by a prospective employer performing a reference check. In addition, consistent with Exhibit B, Defendant will limit its disclosure of information regarding Ms. Burns’ and Ms. Tart’s personnel files solely to the information contained in Exhibit B. Moreover, if a Third Party requests a copy of Ms. Burns’ or Ms. Tart’s personnel files, Defendant will notify Ms. Burns and Ms. Tart directly as follows: (1) LaShonda Burns, 52 Lamancha Drive, Palm Coast, FL 32137; and (2) Aimee Tart, 880 Oak Ridge Road, St. Augustine, FL 32086.
IX. MONETARY RELIEF
23. Defendant shall pay a lump sum in the amount of Three Hundred and Seventy-Five Thousand Dollars ($375,000) to resolve this litigation as described in attached Exhibit C. All payments shall issue within fifteen (15) calendar days from the Court’s execution of this Decree, by certified mail to LaShonda Burns c/o Ada Hammond, Esq., Johnston & Hammond, P.A., 2223 Oak Street, Jacksonville, Florida 32204; Aimee Tart, 880 Oak Ridge Road, St. Augustine, FL 32086; Lakevia Rollins, 1504 Bronson Street, Palatka, FL 32177-3024; and Jackie Ciardiello, 1130 Ardmore Street, St. Augustine, FL 32092. A copy of the payments and I.R.S. Form 1099 shall be forwarded to the attention of Cheryl A. Cooper, Senior Trial Attorney, U.S. Equal Employment Opportunity Commission, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131.
24. If Defendant fails to tender the payment described in paragraph 23 above, and Exhibit C in violation of this Decree, then Defendant shall pay interest on the defaulted payment at the rate calculated pursuant to 26 U.S.C. Section 6621(b) until the same is paid, and bear any additional costs incurred by the EEOC and any additional costs and attorney’s fees incurred by LaShonda Burns and
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Johnston & Hammond, P.A. caused by the non-compliance or delay of the Defendant. X.DISPUTE RESOLUTION
25. In the event that EEOC has a good faith belief that Defendant has failed to comply with any provision(s) of the Decree, EEOC shall have the right to seek Court intervention. In the event that Defendant has failed to comply with any provision(s) of paragraphs 22 and 23 of the Decree that are applicable to LaShonda Burns or Johnston & Hammond, P.A., they shall have the right to seek Court intervention, and fees and costs if they prevail. Additionally, no party shall contest the Court’s jurisdiction to hear a dispute arising from the Decree nor challenge EEOC’s ability to bring an action to enforce the terms of the Decree in this Court.
XI. COSTS 26. Each Party shall bear its own costs, expenses and attorney’s fees associated with this litigation, except as otherwise provided in Exhibit C herein.
XII. DURATION OF CONSENT DECREE 27. All provisions of this Decree shall be in effect for a period of three (3) years immediately following entry of the Decree. SO ORDERED, ADJUDGED AND DECREED, this 5th day of January, 2007.
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AGREED TO: FOR THE PLAINTIFF, UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

by:___________________________ Gregory Gochanour, Esquire Acting Regional Attorney U.S. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower, Suite 2700 2 South Biscayne Boulevard Miami, Florida 33131 Telephone: (305) 808-1852 Facsimile: (305) 808-1835

Date:____________

AGREED TO: FOR THE PLAINTIFF-INTERVENOR LASHONDA BURNS

by: _______________________________ Ada Hammond, Esquire Charles Johnston, Esquire The Law Offices of Johnston & Hammond 2223 Oak Street Jacksonville, FL 32204 Telephone: (904) 358-7400 Facsimile: (904) 246-7448

Date: _____________

AGREED TO: FOR THE DEFENDANT MOTHERS WORK, INC. d/b/a MOTHERHOOD

by: __________________________ Dan W. Matthias Chief Executive Officer

Date: _____________

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Mothers Work, Inc. d/b/a Motherhood 456 North Fifth Street Philadelphia, PA 19123 Telephone: (215) 873-2200
and
by: __________________________ Mark E. Zelek, Esquire Morgan, Lewis, Bockius, LLP 5600 Wachovia Financial Center 200 South Biscayne Boulevard Miami, Florida 33131-2339 Telephone: (305) 415-3488 Facsimile: (305) 415-3001

Date: _____________

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EXHIBIT A NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
AND MOTHERS WORK, INC. D/B/A MOTHERHOOD

This notice is being posted pursuant to a Consent Decree entered by the Court in EEOC v. Mothers Work, Inc. d/b/a Motherhood, Case No. 3:05-CV-990-J-32TEM. The United States Equal Employment Opportunity Commission (“EEOC”) filed this suit alleging that Defendant discriminated against an employee and other similarly situated individuals because of her sex, female and pregnancy. Mothers Work, Inc. ("Motherhood") has adopted a policy that prohibits discrimination against employees based pregnancy in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). Title VII protects individuals from employment discrimination because of their race, religion, color, national origin, and/or sex. Title VII also protects individuals from retaliation for having complained of an unlawful employment practice. Motherhood will not condone employment discrimination of any kind as set forth in federal anti-discrimination laws, including, but not limited to, pregnancy discrimination.

Furthermore, Motherhood assures its employees that it supports Title VII and will not take any action against an individual because he/she has exercised his/her rights under the law to oppose discriminatory acts or to file charges with the EEOC. Appropriate corrective action, up to and including termination, shall be taken against any employee (including management personnel) found to violate the policies regarding discrimination, based upon the circumstances involved.

EEOC enforces the federal laws against discrimination in employment on the basis of disability, race, color, religion, national origin, sex, and age. If you believe you have been discriminated against, you may telephone the Miami District Office of the Equal Employment Opportunity Commission at (305) 808-1740. EEOC charges no fees and has employees who speak languages other than English.

This Notice must remain posted for three (3) years from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice of compliance with its terms may be directed to: Motherhood Settlement, c/o EEOC, 1 Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131.

Signed this day of

, 2006.

__________________________________________ DAN W. MATTHIAS CHIEF EXEXCUTIVE OFFICER MOTHERS WORK, INC. D/B/A MOTHERHOOD
DO NOT REMOVE BEFORE __________ 2009.

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EXHIBIT B - 1
Mothers Work, Inc. Letterhead
[DATE]
To Whom It May Concern:
This letter will confirm that LaShonda Burns was employed with Mothers Work, Inc., also doing business as Motherhood Maternity, from November 14, 2001 through August 6, 2004. Ms. Burns was initially hired as a part time Sales Associate and then was promoted to a full time Assistant Store Manager on March 3, 2003 for the St. Augustine Outlet Mall Motherhood Store, in St. Augustine, Florida. Ms. Burns’ last rate of pay was $10.16 per hour. On her last performance evaluation, on September 27, 2003, Ms. Burns was an Assistant Store Manager and received a “meets requirements” rating, defined as performance at what is expected of a fully qualified and experienced person in the position. As such, she is considered rehireable.
Sincerely,
Julie Marini Vice President Human Resources Mothers Work, Inc.
IT IS MOTHERHOOD MATERNITY’S POLICY NOT TO PROVIDE ANY INFORMATION REGARDING ITS EMPLOYEES AND FORMER EMPLOYEES EXCEPT THE INFORMATION PROVIDED ABOVE. ANY FURTHER INFORMATION REGARDING EMPLOYMENT SHOULD BE OBTAINED FROM THE NAMED FORMER EMPLOYEE.
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EXHIBIT B - 2 Mothers Work, Inc. Letterhead [DATE] To Whom It May Concern: This letter will confirm that Aimee Tart was employed with Mothers Work, Inc., also doing business as Motherhood Maternity, from February 28, 2004 through April 16, 2004. Ms. Tart was hired as a part time Sales Associate for the St. Augustine Outlet Mall Motherhood Store, in St. Augustine, Florida. Ms. Tart’s last rate of pay was $7.00 per hour, and is considered rehireable. Sincerely,
Julie Marini Vice President Human Resources Mothers Work, Inc.
IT IS MOTHERHOOD MATERNITY’S POLICY NOT TO PROVIDE ANY INFORMATION REGARDING ITS EMPLOYEES AND FORMER EMPLOYEES EXCEPT THE INFORMATION PROVIDED ABOVE. ANY FURTHER INFORMATION REGARDING EMPLOYMENT SHOULD BE OBTAINED FROM THE NAMED FORMER EMPLOYEE.
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EXHIBIT C ALLOCATION OF MONETARY RELIEF Motherhood agrees to distribute the monetary relief referenced in paragraph 23 as follows: 1. A check made payable to LaShonda Burns in the amount of Fifty Thousand Dollars ($50,000), less all applicable payroll and other taxes, withholdings and other deductions required by law paid in settlement of claims for lost wages. Motherhood shall issue Ms. Burns a W-2 for this amount; 2. A check made payable to LaShonda Burns in the amount of One Hundred and ThirtyFive Thousand Dollars ($135,000), with no deductions or withholdings, in settlement of claims for punitive and compensatory damages that are not wages. Motherhood shall issue Ms. Burns a 1099 for this amount; 3. A check made payable to Aimee Tart in the amount of Twenty Thousand Dollars ($20,000), with no deductions or withholdings, in settlement of claims for punitive and compensatory damages that are not wages. Motherhood shall issue Ms. Tart a 1099 for this amount; 4. A check made payable to Lakevia Rollins in the amount of Twenty Thousand Dollars ($20,000), with no deductions or withholdings, in settlement of claims for punitive and compensatory damages that are not wages. Motherhood shall issue Ms. Rollins a 1099 for this amount; and 5. A check made payable to Jackie Ciardiello in the amount of Twenty Thousand Dollars ($20,000), with no deductions or withholdings, in settlement of claims for punitive and compensatory damages that are not wages. Motherhood shall issue Ms. Ciardiello a 1099 for this amount; and 6. A check made payable to Johnston & Hammond (Tax ID #59-3294360), Ms. Burns’ private counsel in the amount of One Hundred and Thirty Thousand Dollars ($130,000) representing Ms. Burns’ attorney’s fees and costs. Motherhood shall issue Johnston & Hammond a 1099 for this amount.
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U.S. District Court Middle District of Florida (Jacksonville) CIVIL DOCKET FOR CASE #: 3:05-cv-00990-TJC-TEM

CLOSED

United States Equal Employment Opportunity Commission v. Mothers Work, Inc. Assigned to: Judge Timothy J. Corrigan Referred to: Magistrate Judge Thomas E. Morris Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/28/2005 Date Terminated: 01/05/2007 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
United States Equal Employment Opportunity Commission

represented by Cheryl A. Cooper Equal Employment Opportunity Commission Suite 2700 2 S Biscayne Blvd Miami, FL 33131 305/808-1853 Fax: 305/808-1835 Email: cheryl.cooper@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Delner Franklin-Thomas Equal Employment Opportunity Commission Suite 2700 2 S Biscayne Blvd Miami, FL 33131 305/530-6001 Email: delner.franklin-thomas@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lauren G. Dreilinger U. S. Equal Employment Opportunity Commission 2 South Biscayne Blvd. Suite 2700 Miami, FL 33131 305/808-1788 Fax: 305/808-1835 Email: lauren.dreilinger@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nora Ellen Curtin EEOC

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Intervenor Plaintiff LaShonda Burns
V. Defendant Mothers Work, Inc. doing business as Motherhood

2 South Biscayne Blvd. Suite 2700 Miami, FL 33131 305/808-1789 Fax: 305/808-1835 Email: nora.curtin@eeoc.gov ATTORNEY TO BE NOTICED
represented by Ada A. Hammond Johnston & Hammond 2223 Oak St. Jacksonville, FL 32204 904/358-7400 Fax: 904/358-7301 Email: ada@jacksonvilletriallawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles M. Johnston Johnston & Hammond 2223 Oak St Jacksonville, FL 32204 904/358-7400 Fax: 904/358-7301 Email: cmj@jhblaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Beth S. Joseph Morgan, Lewis & Bockius, LLP Suite 5300 200 South Biscayne Blvd Miami, FL 33131-2339 305/415-3000 ext: 3308 Fax: 877/432-9652 Email: bjoseph@morganlewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Douglas C. Adams MicroStrategy 1861 International Dr McLean, VA 22102 703/848-8600 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Date Filed 09/28/2005
09/28/2005 09/29/2005 09/29/2005 11/09/2005 11/11/2005 11/15/2005 11/30/2005 11/30/2005 12/06/2005 12/09/2005 12/09/2005
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Mark E. Zelek Morgan, Lewis & Bockius, LLP Suite 5300 200 South Biscayne Blvd Miami, FL 33131-2339 305/415-3440 Email: mzelek@morganlewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT against Mothers Work, Inc.; jury demand; injunctive relief requested, filed by United States Equal Employment Opportunity Commission.(SPW) Additional attachment(s) added on 9/28/2005 to replace illegible .pdf file (SPW). Modified on 9/28/2005 (SPW). (Entered: 09/28/2005)
Summons issued as to Mothers Work, Inc. Consent(s) issued. (SPW) (Entered: 09/28/2005)
2 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 9/29/2005. (DH ) (Entered: 09/29/2005)
3 AMENDED STANDING ORDER - Filing of Documents that Exceed Twenty-Five Pages. Signed by all Jacksonville Judges on 05/25/05(pwd, ) (Entered: 09/29/2005)
4 RETURN of service executed on 10/19/05 by United States Equal Employment Opportunity Commission as to Mothers Work, Inc. (pwd, ) (Entered: 11/10/2005)
5 MOTION to extend time to [Agreed Motion for Enlargement of Time for Defendant] respond to Plaintiff's Complaint and to File its Corporate Disclosure Statement by Mothers Work, Inc.. (Adams, Douglas) (Entered: 11/11/2005)
6 ENDORSED ORDER granting 5 Motion to extend time . Signed by Judge Thomas E. Morris on 11/14/2005. (WB, ) (Entered: 11/15/2005)
7 ANSWER to complaint with Jury Demand and Defenses and Affirmative Defenses by Mothers Work, Inc..(Zelek, Mark) (Entered: 11/30/2005)
8 CERTIFICATE of interested persons and corporate disclosure statement by Mothers Work, Inc.. (Zelek, Mark) (Entered: 11/30/2005)
9 MOTION to intervene as Plaintiff and memorandum of law by LaShonda Burns. (pwd, ) Modified on 12/9/2005 (pwd, ). (Document stricken and removed per Order #10) (Entered: 12/07/2005)
10 ORDER striking [9] Motion to intervene for the stated reasons. Signed by Judge Thomas E. Morris on 12/9/2005. (DLC, ) (Entered: 12/09/2005)
11 AMENDED MOTION to intervene as Plaintiff and Memorandum of Law by LaShonda Burns. (pwd, ) (Entered: 12/09/2005)

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12/14/2005 01/27/2006
01/27/2006
02/03/2006 02/06/2006 02/21/2006 02/23/2006 02/28/2006 02/28/2006 03/08/2006 03/16/2006 03/23/2006 03/23/2006 03/28/2006
03/30/2006

12 CASE MANAGEMENT REPORT. (Cooper, Cheryl) (Entered: 12/14/2005)
13 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 5/1/2006. Discovery due by 12/29/2006. Dispositive motions due by 1/29/2007. Pretrial statement due by 5/16/2007. Pretrial Conference set for 5/22/2007 03:00 PM in Courtroom 10 B before Judge Timothy J. Corrigan. Jury Trial set for 6/4/2007 - 6/15/2007 09:00 AM in Courtroom 10 B before Judge Timothy J. Corrigan. Signed by Judge Timothy J. Corrigan on 1/26/2006. (JMAP) (Entered: 01/27/2006)
14 ORDER referring case to mediation and appointing Alexandra K. Hedrick as mediator in this action Signed by Judge Timothy J. Corrigan on 1/27/2006. (Attachments: # 1 Docket Sheet# 2 Mediation Report)(JMAP) (Entered: 01/27/2006)
15 ORDER granting as set forth herein 11 Motion to intervene . Signed by Judge Thomas E. Morris on 2/3/2006. (WB, ) (Entered: 02/03/2006)
16 INTERVENOR'S COMPLAINT and demand for jury trial, filed by LaShonda Burns.(pwd, ) (Entered: 02/07/2006)
17 MOTION for Extension of Time to File Response/Reply by all defendants. (Adams, Douglas) (Entered: 02/21/2006)
18 ENDORSED ORDER granting 17 Motion for Extension of Time to File Response/Reply . Signed by Judge Thomas E. Morris on 2/22/2006. (WB, ) (Entered: 02/23/2006)
19 MOTION to dismiss Counts III and IV of Intervenor-Plaintiff's Complaint and Memorandum of Law by Mothers Work, Inc.. (Adams, Douglas) (Entered: 02/28/2006)
20 ANSWER to intervenor complaint by Mothers Work, Inc..(Adams, Douglas) (Entered: 02/28/2006)
21 Consent MOTION to extend time to respond to Defendant's Motion to Dismiss and Answer by LaShonda Burns. (pwd, ) (Entered: 03/09/2006)
22 ENDORSED ORDER granting 21 Motion to extend time. Signed by Judge Timothy J. Corrigan on 3/16/2006. (SRW) (Entered: 03/16/2006)
23 MEMORANDUM in opposition re 19 Motion to dismiss filed by LaShonda Burns. (Attachments: # 1 Exhibits A - C# 2 Exhibits D - E)(pwd, ) (Entered: 03/23/2006)
24 REQUEST for oral argument re 19 MOTION to dismiss Counts III and IV of Intervenor-Plaintiff's Complaint and Memorandum of Law by LaShonda Burns. (pwd, ) (Entered: 03/23/2006)
25 NOTICE of Telephone Hearing on 19 MOTION to dismiss Counts III and IV of Intervenor-Plaintiff's Complaint: Motion Hearing set for 4/11/2006 2:30 PM before Judge Timothy J. Corrigan. Defendant's counsel to initiate conference call per instructions in Notice.(SRW) (Entered: 03/28/2006)
26 NOTICE by United States Equal Employment Opportunity Commission of Change of Telephone and Facsimile Numbers (Cooper, Cheryl) (Entered:

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04/11/2006 04/18/2006 04/24/2006 07/19/2006 07/21/2006 07/27/2006 07/27/2006 08/24/2006 09/08/2006
09/12/2006

03/30/2006)
28 MINUTE ENTRY for proceedings held before Judge Timothy J. Corrigan : Motion Hearing held on 4/11/2006 re 19 MOTION to dismiss Counts III and IV of Intervenor-Plaintiff's Complaint filed by Mothers Work, Inc. Court Reporter: Shannon Bishop (JMAP) (Entered: 04/19/2006)
27 ORDER denying 19 Motion to dismiss. Defendant's Amended Answer shall be served by 4/25/2006. Signed by Judge Timothy J. Corrigan on 4/18/2006. (JMAP) (Entered: 04/18/2006)
29 Amended ANSWER to intervenor complaint (Defenses and Affirmative Defenses) by Mothers Work, Inc..(Zelek, Mark) (Entered: 04/24/2006)
30 NOTICE by LaShonda Burns Consent Motion for Appointment of Mediator and Notice of Date Selected for Mediation (Johnston, Charles) Modified on 7/20/2006 (pwd, ). (Counsel advised to re-file this document as a Motion) (Entered: 07/19/2006)
31 MOTION : Consent Motion for Appointment of Mediator and Notice of Date Selected for Mediation by LaShonda Burns. (Johnston, Charles) (Entered: 07/21/2006)
32 ORDER granting 31 Consent Motion for Appointment of Mediator. Audrey McKibbin Moran, Esquire is hereby substituted for Alexandra K. Hedrick, Esquire as mediator in this case. Signed by Judge Timothy J. Corrigan on 7/27/2006. (JMAP) (Entered: 07/27/2006)
33 ORDER REFERRING CASE to mediation and appointing Audrey McKibbin Moran as mediator in this action. The Mediation conference is set for 12/7/06. Signed by Judge Timothy J. Corrigan on 7/27/2006. (Attachments: # 1 docket sheet# 2 mediation report)(JMAP) (Entered: 07/27/2006)
34 Joint MOTION to quash subpoenas duce tecum by United States Equal Employment Opportunity Commission. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6)(Dreilinger, Lauren) (Entered: 08/24/2006)
35 MEMORANDUM in opposition re 34 Motion to quash [Defendant's Opposition to Plaintiff EEOC's and Plaintiff Intervenor's Joint Motion to Quash or Modify Subpoenas Duces Tecum] filed by Mothers Work, Inc.. (Attachments: # 1 Exhibit Exhibit A - First Report of Injury or IIllness)(Joseph, Beth) (Entered: 09/08/2006)
36 MOTION to compel [Defendant's Motion to Compel Better Answers to Discovery and Supporting Memorandum of Law] by Mothers Work, Inc.. (Attachments: # 1 Exhibit A - Def's First Set of Interrogatories# 2 Exhibit B Def's First Request for Production# 3 Exhibit C - Plantiffs' Response to Def's Firt Request for Production# 4 Exhibit D - Plaintiff's response to to Def's First Set of Interrogatories# 5 Exhibit E - Correspondence to A Hammond dated 8.10.06 and email to A Hammond dated 8.10.06# 6 Exhibit F - EEOC Complaint-Prayer for Relief# 7 Exhibit G - Correspondence from A Hammond dated 8.16.06# 8 Exhibit H - First Report of Injury or Illness# 9 Exhibit I - Incident Report)(Zelek, Mark) (Entered: 09/12/2006)

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09/25/2006 09/29/2006
10/13/2006
10/16/2006
11/17/2006 12/01/2006 12/07/2006 12/18/2006 12/20/2006 01/05/2007

37 MEMORANDUM in opposition re 36 Motion to compel,,, filed by LaShonda Burns. (Johnston, Charles) (Entered: 09/25/2006)
38 MOTION for Extension of Time to File [Motion for Enlargement of Time for Defendant to Serve Expert Witness Disclosures and Expert Reports] by Mothers Work, Inc.. (Attachments: # 1 Exhibit A - Correspondence from L. Dreilinger to B. Joseph dated 8.31.06# 2 Exhibit B - Re-Notice of Taking Deposition of LaShonda Burns Duces Tecum)(Zelek, Mark) (Entered: 09/29/2006)
39 NOTICE by Mothers Work, Inc. re 38 MOTION for Extension of Time to File [Motion for Enlargement of Time for Defendant to Serve Expert Witness Disclosures and Expert Reports] MOTION for Extension of Time to File [Motion for Enlargement of Time for Defendant to Serve Expert Witness Disclosures and Expert Reports] Notice of Partial Withdrawal of Defendant's Request for an Enlargement of Time to Designate Expert Witnesses (Joseph, Beth). (Entered: 10/13/2006)
40 RESPONSE in opposition re 38 MOTION for Extension of Time to File [Motion for Enlargement of Time for Defendant to Serve Expert Witness Disclosures and Expert Reports] MOTION for Extension of Time to File [Motion for Enlargement of Time for Defendant to Serve Expert Witness Disclosures and Expert Reports] filed by United States Equal Employment Opportunity Commission, LaShonda Burns. (Cooper, Cheryl) (Entered: 10/16/2006)
41 MOTION to extend time to serve Defendant's Expert Witness Disclosures and Expert Reports by Mothers Work, Inc.. (Zelek, Mark) (Entered: 11/17/2006)
42 RESPONSE in opposition re 41 MOTION to extend time to serve Defendant's Expert Witness Disclosures and Expert Reports filed by United States Equal Employment Opportunity Commission, LaShonda Burns. (Cooper, Cheryl) (Entered: 12/01/2006)
43 MEDIATION REPORT Hearing held on 11/28/06 Hearing outcome: resolved completely(pwd, ) (Entered: 12/11/2006)
44 NOTICE by United States Equal Employment Opportunity Commission of Filing of Consent Decree (Attachments: # 1 Consent Decree for execution by the Court)(Curtin, Nora) (Entered: 12/18/2006)
45 Unopposed MOTION to Approve Consent Judgment by United States Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Consent Decree for Court's execution)(Curtin, Nora) (Entered: 12/20/2006)
46 ORDER granting 45 Motion to Approve Consent Judgment; terminating all other pending motions; entering Consent Decree; the Clerk shall close this file. Signed by Judge Timothy J. Corrigan on 1/5/2007. (SRW) (Entered: 01/05/2007)

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 Maternity Store Giant to Pay $375,000 to Settle EEOC Pregnancy Discr...

http://www.eeoc.gov/press/1-8-07.html

The U.S. Equal Employment Opportunity Commission
FORM IMMEDIATE RELEASE January 8, 2007

CONTACT: Federico Costales District Director Nora E. Curtin

Supervisory Trial Attorney (305) 808-1789
Cheryl A. Cooper Senior Trial Attorney (305) 808-1786
MATERNITY STORE GIANT TO PAY $375,000 TO SETTLE EEOC PREGNANCY DISCRIMINATION AND RETALIATION LAWSUIT
Motherhood Maternity Refused to Hire Pregnant Applicants and Fired Assistant Manager for Complaining, Agency Charged
MIAMI – A Philadelphia-based maternity clothes retailer will pay $375,000 to settle a pregnancy discrimination and retaliation lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC had charged that Mothers Work, Inc., doing business as Motherhood Maternity, refused to hire qualified female applicants because they were pregnant.
According to the EEOC’s lawsuit (Case No. 3:05-CV-990-J-32TEM in U.S. District Court for the Middle District of Florida, Jacksonville Division), LaShonda Burns, a former assistant manager, complained about Motherhood’s policy and practice of discrimination against pregnant applicants. The EEOC said Motherhood illegally disciplined and ultimately fired Burns because it believed she was pregnant and in retaliation for her complaints.
Such alleged conduct violates the Pregnancy Discrimination Act. The EEOC filed suit after first attempting to reach a voluntary settlement, and Burns also took part in the suit with a private attorney.
The three-year consent decree settling the suit requires Motherhood to pay Ms. Burns $135,000 in compensatory and punitive damages; $50,000 in back pay; $130,000 for Burns’s private attorney’s fees and costs; and $20,000 in compensatory and punitive damages to each of three women who were denied employment opportunities because they were pregnant – Lakevia Rollins, Aimee Tart and Jackie Ciardiello. Motherhood must also adopt and distribute an anti-discrimination policy that specifically prohibits denying women employment opportunities because of their pregnancy; train all of its Florida current and future employees on the new policy and federal employment discrimination laws; post a notice of resolution of the lawsuit; and report to EEOC twice annually regarding pregnancy discrimination complaints.
“The EEOC hopes that employers understand that the agency will take a very aggressive approach in combating the disturbing rise in pregnancy discrimination,” said Federico Costales, the EEOC’s Miami district director.
According to company information, Motherhood, which began its operations in 1982, employs over 5,000 people. It is the leading designer, manufacturer and retailer of maternity fashion in the United States, with over 1,000 stores nationwide and Internet retailing. Motherhood owns leading brands including Mimi Maternity, A Pea in the Pod, and Maternitymall.com.
In Florida, the EEOC’s Miami District Office received 223 pregnancy-related charges of discrimination in Fiscal Year 2005 compared to 114 in Fiscal Year 1992. Nationally, pregnancy-related charge filings have risen from 3,385 in FY 1992 to 4,512 in FY 2005.
“It is shocking that a corporation whose market is pregnant women would refuse to employ them and then retaliate against a woman who complained about the practice,” said Nora Curtin, supervisory trial attorney of the Miami District Office. “We are pleased that this settlement will steer this important company to better treatment of pregnant employees.”
The EEOC is responsible for enforcing the nation’s laws prohibiting employment discrimination based on race, color, gender (including sexual harassment and pregnancy), religion, national origin, age, disability and retaliation. Further information about the EEOC is available on its web site at www.eeoc.gov.
This page was last modified on January 8, 2007.

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