[UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND

|

Northern Division

EQUAL EMPLOYMENT C~PPORTUNITY ) COMMISSION,
City Crescent Building, 3~a Floor 10 South How-4rd Street Baltimore, MD 21201
i Plaintiff, .

Civil Action No.

NEW YORK FASHIONS
210 W. Lexington Street Baltimore, Maryland 21201
Defendant.

COMPLAINT JURY TRIAL Dt/MAND

NATURE OF THE ACTION

This is an action ur~ler Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correcI unlawful employment practices on the basis of sex and retaliation, and to provide appropriate relie~to Alicia Douglas who was adversely affected by such practices. The Commission alleges that D+fendant, New York Fashions, has committed sex discrimination and

retaliation by subjecting l~s. Douglas to sexual harassment, pregnancy discrimination and by ultimately discharging her i~l retaliation for engaging in conduct protected by Title VIL

~QRISDIf~TION AND VENUE

1 Jurisdiction ~fthis Court is invoked pursuant to 28 U.S.C. Sections 451, 1331, 1337, 1343 and 1345. This action i~ authorized and instituted pursuant to Section 706(t)(1 ) and (3) of Title

VII of the Clvil Rights Act ~f 1964, as amended, 42 U.S.C. Section 2000e-5(f)(1) and (3) ("Title VII") and Section 102 ofth~ Civil Rights Act of 1991, 42 U.S.C. § 1981a.

2. The unlawfql employment practices alleged below were committed within the jurisdiction 0fthe United States District Court for the Maryland, Northern Division.

PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(f)(1) and (3), 42 U.S.C., Section 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant New York Fashions, Inc. (the "Employer") has continuously been a sole proprietorship and an inactive corporation doing business in Baltimore, Maryland, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 70 l(b), (g) and (h) of Title VII, 42 U.S.C. Sections 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Alicia Douglas filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least March 2003, Defendant Employer has engaged in unlawful employment practices at its Baltimore, Maryland facility in violation of Sections 703(a) and 704(a) of Title VII, 42 U.S.C. Sections 2000e-2 and 2000e-3. These practices include subjecting Alicia Douglas to pervasive, unwelcome and offensive harassment based on her sex, female by and through Leroy Reinhardt, Store Manager. Such harassment created a hostile work environment onthebasis of sex and culminated in a tangible employment action. Defendant had actual and constructive notice of the unlawful harassment and failed to take reasonable corrective action or action reasonably
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calculated to prevent harassment. 8. Furthermore, on or about July 5, 2003, Defendant terminated Ms. Douglas due to her
pregnancy and in retaliation for her opposition to the discriminatory behavior. 9. The effect of the practices complained of in paragraph 7 above has been to deprive
Alicia Douglas of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex, pregnancy and in retaliation for his opposition to discrimination.
10. The unlawful employment practices complained of in paragraphs 7 and 8 above were intentional.
11. The tmlawful employment practices complained of in paragraphs 7 and 8 above were done with malice or with reckless indifference to the federally protected rights of Alicia Douglas.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injtmction enjoining Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any employment practices which discriminate on the basis of sex, including pregnancy. B. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in retaliatory conduct against persons who exercise opposition to discrimination based on sex or other conduct reasonably believed to be unlawful under Title VII. C. Order Defendant Employer to institute and carry out policies, practices, and training programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices.
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D. Order Defendant Employer to make whole Alicia Douglas by providing appropriate back pay, with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of their unlawful employment practices, including but not limited to reinstatement of Alicia Douglas or front pay in lieu thereof.
E. Order Defendant Employer to make whole Alicia Douglas byproviding compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 and 8 above, in amounts to be determined at trial.
F. Order Defendant Employer to make whole Alicia Douglas by providing compensation for non-pecuniary losses resulting from the unlawful practices complained of in paragraphs 7 and 8 above, including past and future emotional pain and suffering, degradation, humiliation, anxiety, inconvenience, and loss of enjoyment of life, in amounts to be determined at trial.
G. Order Defendant Employers to pay Alicia Douglas punitive damages for its malicious and reckless conduct described in paragraphs 7 and 8 above, in amounts to be determined at trial.
H. Grant such further relief as the Court deems necessary and proper. I. Award the Commission its costs in this action.
JI_rRY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised in the complaint.
Respectfully submitted, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ERIC S. DREIBAND General Counsel
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GWENDOLYN YOUNG REAMS Associate General Counsel
//~RALD ~. ~I~L (i3ar No-~-d7770) ~" Regional Attorney .
EEOC-Baltimore District Office City Crescent Building, 3rd Floor l0 South Howard Street Baltimore, Maryland 21201 Telephone number: (410) 962-4207 Facsim~i,le number: (410) 962-4270/28
T~C~t~S~N SPICER (I~ar~oi0~6671 /Supervisor~trfial Attorney ’EEOC-Baltimore District Office City Crescent Building, 3rd Floor 10 South Howard Street Baltimore, Maryland 21201 Telephone number: (410) 962-4623 Facsimile number: (410) 962-4270/28
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 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION

)

)

and

)

)

ALICIA DOUGLAS

)

)

)

Plaintiffs

)

v.

)

)

NEW YORK FASHIONS

)

)

Defendant

)

____________________________________)

Civil Action No.: WDQ-04-cv-3037

INTERVENOR'S COMPLAINT AND ELECTION FOR JURY TRIAL
Now comes Alicia Douglas, Plaintiff, by her attorneys, Morton Edelstein, Courtney E. Swears and Edelstein & Radford, and sues New York Fashions, Defendant, and for reasons states:
1. Plaintiff is bringing this action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et seq.
2. The unlawful employment practices alleged below were committed in Baltimore County, Maryland, a county within the jurisdiction of the United States District Court for the District of Maryland, Northern Division.
3. At all relevant times, Defendant, New York Fashions, Inc., has continuously been a sole proprietorship and an inactive corporation doing business in Baltimore, Maryland, and has continuously had at least fifteen (15) employees.
4. At all relevant times, New York Fashions has continuously been and is now an employer engaged in an industry affecting commerce wit hin the meaning of § 701(b), (g) and (h) of Title VII, 42 U.S.C. 2000e-(b), (g) and (h).
5. That the Plaintiff has been granted the right to intervene in this action.

6. More than thirty (30) days prior to the institution of this lawsuit, Alicia Dougla s filed a charge with the EEOC alleging violations of Title VII by New York Fashions. All other conditions precedent to the institution of this lawsuit have been fulfilled.
7. Since at least March, 2003 Defendant, New York Fashions, has engaged in unlawful employment practices in its Baltimore, Maryland facility, in violation of Section 703(a) and 704(a) of Title VII, 42 U.S.C. 2000e-2 and 2000e-3. These practices include subjecting Alicia Douglas to pervasive, unwelcome and offensive harassment based on her sex, female by and through Leroy Reinhardt, Store Manager. Such harassment created a hostile work environment on the basis of sex and culminated in a tangible employment action. Defendant had actual and constructive notice of the unlawful harassment and failed to take reasonable corrective action or action reasonably calculated to prevent harassment.
8. Furthermore, on or about July 5, 2003, Defendant terminated Ms. Douglas due to her pregnancy and in retaliation for her opposition to the discriminatory behavior.
9. The effect of the practices complained of in paragraph 7 above, has been to deprive Alicia Douglas of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex, pregnancy and conduct protected under Section 704 (a) of Title VII.
11. The unlawful employment practices complained of in paragraphs 7 and 8 above were intentional.
12. The unlawful employment practices complained of in paragraphs 7 and 8 above were done with malice or with reckless indiff erence to the federally protected rights of Alicia Douglas.
WHEREFORE, the Plaintiff, Alicia Douglas, respectfully requests that this Court: A. Order Defendant, New York Fashions, to make whole Alicia Douglas by providing appropriate back pay with preju dgment interest in amounts to be determined at trial, and other affirmative pecuniary relief necessary to eradicate the effects of the unlawful employment practices;

B. Order Defendant, New York Fashions, to make whole Alicia Douglas by providing
compensation for non-pecuniary losses, including emotional pain, suffering and mental anguish, in
amounts to be proven at trial;
C. Order Defendant, New York Fashions, to pay punitive damages for its malice and
reckless disregard to Alicia Douglas’ federally pr otected rights to have a work environment free
from sexual harassment and retaliation in accord with Title VII, in amounts to be proven at trial; and
D. Order Defendant, New York Fashions, to pay counsel fees.
EDELSTEIN & RADFORD
/s/ ____________________________ Morton Edelstein, Esquire Federal Bar No.: 01339 Courtney E. Swears, Esquire Federal Bar No.: 27191 110 St. Paul Street, Suite 402 Baltimore, Maryland 21202 (410) 685-0770
Attorneys for the Plaintiff
PRAYER FOR JURY TRIAL
Plaintiff, Alicia Douglas, respectfully requests a jury trial in the instant case.
EDELSTEIN & RADFORD
/s/ ____________________________ Morton Edelstein, Esquire Federal Bar No.: 01339 Courtney E. Swears Federal Bar No.: 27191 110 St. Paul Street, Suite 402 Baltimore, Maryland 21202 (410) 685-0770 Attorneys for the Plaintiff

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

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?947755762183465-L_3...

U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:04-cv-03037-WDQ

CLOSED

Equal Employment Opportunity Commission v. New York Fashions Assigned to: Judge William D Quarles, Jr Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/22/2004 Date Terminated: 06/20/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Tracy Hudson Spicer Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624623 Fax: 14109624270 Email: tracy.spicer@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gerald S Kiel US Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624207 Fax: 14109624270 Email: gerald.kiel@eeoc.gov ATTORNEY TO BE NOTICED

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

Intervenor Plaintiff Alicia M. Douglas

represented by Courtney E Swears Stahl and Block LLC

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

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?947755762183465-L_3...

V. Defendant New York Fashions

Five Park Cntr Ct Ste 301 Owings Mills, MD 21117 14103630770 Fax: 14103561439 Email: cswears@stahlandblock.com ATTORNEY TO BE NOTICED
represented by Leslie L Gladstone Law Office of Leslie L Gladstone PA 1040 N Calvert St Baltimore, MD 21202-3856 14107272322 Fax: 14103850311 Email: llgatty@earthlink.net ATTORNEY TO BE NOTICED

Date Filed 09/22/2004 09/22/2004 09/23/2004
10/07/2004 10/27/2004
12/08/2004 12/08/2004 12/08/2004 12/21/2004

#

Docket Text

1 COMPLAINT against New York Fashions , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(raf, Deputy Clerk) (Entered: 09/23/2004)
JURY TRIAL DEMAND by Equal Employment Opportunity Commission. (raf, Deputy Clerk) (Entered: 09/23/2004)
2 NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SUMMONS by Equal Employment Opportunity Commission as to New York Fashions on 9/23/04 (raf, Deputy Clerk) Modified on 9/23/2004 (raf, Deputy Clerk). (Entered: 09/23/2004)
3 INTERVENOR COMPLAINT and Motion to Intervene, filed by Alicia M. Douglas. (Attachments: # 1 Exhibit 1)(Swears, Courtney) (Entered: 10/07/2004)
4 PAPERLESS ORDER. Motion GRANTED, no opposition having been filed. re 3 Intervenor Complaint/Motion to Intervene filed by Alicia M. Douglas. Signed by Judge William D Quarles Jr. on October 27, 2004. (Quarles, William) (Entered: 10/27/2004)
5 ANSWER to Complaint by New York Fashions.(Gladstone, Leslie) (Entered: 12/08/2004)
6 ANSWER to Intervenor Complaint by New York Fashions.(Gladstone, Leslie) (Entered: 12/08/2004)
7 SCHEDULING ORDER: Status Report due by 4/22/2005. Signed by Judge William D Quarles Jr. on 12/8/04. (mcb, Deputy Clerk) (Entered: 12/08/2004)
8 Settlement Conference - requesting (Swears, Courtney) (Entered: 12/21/2004)

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

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?947755762183465-L_3...

04/21/2005 04/22/2005 04/22/2005 05/17/2005 05/23/2005
06/17/2005
06/20/2005

9 STATUS REPORT by Alicia M. Douglas. (Edelstein, Morton) (Entered: 04/21/2005)
10 STATUS REPORT by New York Fashions. (Gladstone, Leslie) (Entered: 04/22/2005)
11 STATUS REPORT by Equal Employment Opportunity Commission. (Spicer, Tracy) (Entered: 04/22/2005)
12 Correspondence re: as to probable dismissal of case (Attachments: # 1 Exhibit)(Gladstone, Leslie) (Entered: 05/17/2005)
13 PAPERLESS ORDER granting request for extension of time until July 28, 2005 to file motions. re 12 Miscellaneous Correspondence. Signed by Judge William D Quarles Jr. on May 23, 2005. (Quarles, William) (Entered: 05/23/2005)
14 MOTION to Dismiss with Prejudice by Stipulation by Equal Employment Opportunity Commission. Responses due by 7/5/2005 (Spicer, Tracy) (Entered: 06/17/2005)
15 PAPERLESS ORDER APPROVING 14 Joint Stipulation of Dismissal with Prejudice. Signed by Judge William D Quarles Jr. on 6/20/05. (mcb, Deputy Clerk) (Entered: 06/20/2005)

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