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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

GLAX:OSMITHKLINE,

)

)

)

)

Defendant.

)

--------------------------)

CIVIL ACTION NO.
otftV l{G03
COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of pregnancy, and to provide appropriate reliefto Judith StaRomana, who was adversely affected by such practices. As articulated with greater particularity in Paragraph 7 below, the Commission alleges that Defendant, GlaxoSmithKline, discriminated against Ms. StaRomana because of her pregnancy when it discharged her from her Microbiologist position on June 30, 2003, three months after learning ofher pregnancy. As a result of her illegal discharge, Ms. StaRomana suffered backpay losses and emotional distress damages.
JURISDICTION AND VENUE 1. Jurisdiction ofthis 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) ofTitle VII

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of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(l) and (3) ("Title VIT'), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
2. The employment practices alleged to be nnlawful were committed within the jurisdiction of the United States District Conrt for the Eastern District of Pennsylvania.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times mentioned herein, Defendant, GlaxoSmithKline, (the "Employer"), has continuously been doing business in the State of Pennsylvania and the City of Conshohocken, and has continuously had at least IS ,,!mployees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution ofthis lawsuit, Judith StaRomana filed a charge of discrimination 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 June 30, 2003, Defendant Employer has engaged in unlawful employment practices at its Conshohocken, Pennsylvania facility in violation of Section 703(a)(I) ofTitle VII, 42 U.S.C. Section 2000e-2(a)(l), by discriminating against Judith StaRomana on the

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basis of her pregnancy. The unlawful employment practices included the following: (a) On August 27, 2002, Judith StaRomana began working for Aerotek Scientific, LLC,
a temporary employment agency, and was assigned through contract to work at Defendant Employer's facility as a Microbiologist. As a contingent worker for Defendant Employer, Ms. StaRomana was supervised on a daily basis by Stephen Trombetta, Supervisor of Defendant Employer. At all relevant times, Ms. StaRomana performed her duties in a satisfactory manner.
(b) In early March 2003, Ms. StaRomana learned ofher pregnancy and reviewed all ofthe duties of her position with her doctor, and he advised her that there was nothing related to the job or the chemicals that she handled that posed a threat to her pregnancy.
(c) In May 2003, Ms. StaRomana advised Mr. Trombetta ofher pregnancy. He reacted by expressing some concerns about her going into certain areas where products existed in powder form. However, Ms. StaRomana continued to perform her duties without any problem.
(d) On June 29,2003, Ms. StaRomana received a telephone message and an e-mail from Ian McVeigh, Areotek Scientific Agent, regarding "an urgent matter." The following day, she retrieved the message and returned the call. On that date, June 30, 2003, Ms. Sta Romana was advised that she was being laid-off from her position inunediately because of her pregnancy.
8. The effect of the practices complained of in paragraphs 7(a) through (d) above has been to deprive Judith StaRomana ofequal employment opportunities and otherwise adversely affect her status as an employee on the basis ofher pregnancy and pregnancy related medical conditions.
9. The unlawful employment practices complained of in paragraphs 7(a) through (d) above were intentional.
10. The unlawful employment practices complained of in paragraphs 7(a) through (d)

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above were done with malice or with reckless indifference to the federally protected rights ofJudith StaRomana.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining DefendantEmployer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in discrimination based on pregnancy and any other employment practice which discriminates on the basis of sex. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and which eradicate the effects ofits past unlawful employment practices. C. Order Defendant Employer to make whole Judith StaRomana by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative reliefnecessary to eradicate the effects ofits unlawful employment practices, including but not limited to rightful-place reinstatement of Ms. StaRomana, or frontpay, in lieu thereof, if reinstatement is not feasible. D. Order Defendant Employer to make whole Ms. StaRomana by providing compensation for past and future pecuniarylosses resulting from the unlawful employment practices described in paragraphs 7 (a) through (d) above in amounts to be determined at trial. E. Order Defendant Employer to make whole Ms. StaRomana by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraphs 7(a) through (d) above, including emotional pain and suffering, suffering, depression, anxiety, inconvenience, loss ofenjoyment oflife and humiliation, in amounts
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to be determined at trial. F. Order Defendant Employer to pay Ms. StaRomanapunitive damages for its malicious
and reckless conduct described in paragraphs 7(a) through (d) above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary proper in the public interest. H. Award the Commission its costs ofthis action.
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JURy TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
ERIC S. DREIBAND
General Counsel JAMEsL.LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS
Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 L. Street, NW Washington, D.C. 20507
~ &/JvA- j;tLlJ.ilE'tJ:. McNAIR
Regional Attorney
~Oy€·LJJ~~
Supervisory Trial Attorney
enior Trial Attorney
EEOC
21 S. 5th Street, Suite 400 Philadelphia, PA 19106 (215) 440-2683
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 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY :

COMMISSION

:

:

:

vs.

:

:

GLAXOSMITHKLINE

:

CIVIL ACTION No. 04-4603

O R D E R

AND NOW, TO WIT: This 26th day of April, 2005, it having been reported that the issues between the parties in the above action have been settled, and upon Order of the Court pursuant to the provisions of Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is
ORDERED that the above action is DISMISSED with prejudice, pursuant to agreement of counsel, without costs.

MICHAEL E. KUNZ, Clerk of Court
BY: Gerrie M. Keane Deputy Clerk

Civ 2 (8/2000) 41(b).frm

 
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CASREF, CLOSED, STANDARD
United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:04-cv-04603-JP

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. GLAXOSMITHKLINE Assigned to: HONORABLE JOHN R. PADOVA Referred to: MAGISTRATE JUDGE TIMOTHY R. RICE (Settlement) Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/30/2004 Date Terminated: 04/26/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by CYNTHIA A. LOCKE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5TH ST STE 400 PHILADELPHIA, PA 19106 215-440-2683 Email: cynthia.locke@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

JACQUELINE H. MCNAIR EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5TH ST STE 400 PHILADELPHIA, PA 19106 215-440-2687 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff

JUDITH A. O'BOYLE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5TH ST STE 400 PHILADELPHIA, PA 19106 215-440-2687 Email: judith.oboyle@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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JUDITH STAROMANA
V. Defendant GLAXOSMITHKLINE

represented by AMANDA L. H. BRINTON SHIELDS & HOPPE, LLP 223 NORTH MONROE ST. MEDIA, PA 19063 Email: abrinton@shieldsandhoppe.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
C. SCOTT SHIELDS SHIELDS & HOPPE LLP 223 NORTH MONROE STREET POST OFFICE BOX 23 MEDIA, PA 19063 610-892-7777 Email: sshields@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
L. THEODORE HOPPE, JR. SHIELDS & HOPPE, L.L.P. 223 NORTH MONROE ST. MEDIA, PA 19063 610-892-7777 Email: tedh@shieldsandhoppe.com ATTORNEY TO BE NOTICED
represented by ANDREA MERYL KIRSHENBAUM WOLF BLOCK SCHORR AND SOLIS-COHEN L.L.P. 1650 ARCH STREET 22ND FL PHILADELPHIA, PA 19103 215-977-2117 Fax: 215-977-3717 Email: akirshenbaum@wolfblock.com ATTORNEY TO BE NOTICED

Date Filed 09/30/2004 09/30/2004

#

Docket Text

1 COMPLAINT against GLAXOSMITHKLINE , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(tj, ) Additional attachment(s) added on 12/7/2004 (jef, ). (Entered: 09/30/2004)
Summons Issued; 1 Mailed to counsel 9/30/04 as to GLAXOSMITHKLINE. (tj, ) (Entered: 09/30/2004)

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09/30/2004 11/08/2004 11/17/2004 11/18/2004 11/19/2004 12/06/2004 12/08/2004 12/09/2004 01/04/2005 01/05/2005
01/05/2005 01/14/2005 01/19/2005

DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (tj, ) (Entered: 09/30/2004)
2 Affidavit of Service of SCOTT FISHER re: service of Summons and Complaint upon GLAXOSMITHKLINE by Personal Service on 10/29/2004, answer due 11/18/2004. (jpd,) (Entered: 11/09/2004)
3 ANSWER to Complaint by GLAXOSMITHKLINE with Affirmative Defenses, Certificate of Service. (KIRSHENBAUM, ANDREA) Modified on 11/18/2004 (np). (Entered: 11/17/2004)
4 NOTICE of Hearing: SCHEDULING CONFERENCE SET FOR 12/8/2004 01:30 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE JOHN R. PADOVA. (gk, ) (Entered: 11/18/2004)
5 NOTICE of Appearance by ANDREA MERYL KIRSHENBAUM on behalf of GLAXOSMITHKLINE with Certificate of Service (KIRSHENBAUM, ANDREA) (Entered: 11/19/2004)
6 NOTICE of Hearing: SCHEDULING CONFERENCE RESCHEDULED FOR 1/6/2005 11:00 AM IN JUDGE'S CHAMBERS BEFORE HONORABLE JOHN R. PADOVA. (gk, ) (Entered: 12/06/2004)
10 COMPLAINT OF INTERVENTION FILED BY INTERVENOR PLAINTIFF JUDITH STAROMANA AGAINST DEFENDANT GLOAXSMITHKLINE. (jpd) (Entered: 01/06/2005)
7 JUDITH STAROMANA'S MOTION TO INTERVENE MEMORANDUM OF LAW, CERTIFICATE OF SERVICE.(Intervenor Complaint Attached)(wgc, ) Modified on 12/9/2004 (wgc, ). (Entered: 12/09/2004)
8 NOTICE of Hearing: SCHEDULING CONFERENCE RESCHEDULED FOR 1/19/2005 01:30 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE JOHN R. PADOVA. (gk, ) (Entered: 01/04/2005)
9 ORDER THAT MS. STAROMANA'S MOTION TO INTERVENE IS GRANTED; THE COMPLAINT ATTACHED TO THE MOTION TO INTERVENE BE FILED WITH THE CLERK AS OF DECEMBER 8, 2004; AND AFTER THE COMPLAINT IS SERVED UPON THE DEFENDANT, THE DEFENDANT SHALL RESPOND TO THE COMPLAINT WITHIN THE TIME FRAME ESTABLISHED BY THE FEDERAL RULES OF CIVIL PROCEDURE AND LOCAL RULES. SIGNED BY JUDGE JOHN R. PADOVA ON 1/5/04. 1/6/04 ENTERED AND COPIES MAILED. (jpd) (Entered: 01/06/2005)
1 Original Summons Issued on the Intervenor Complaint as to DEFENDANT GLAXOSMITHKLINE. Forwarded To: Counsel on 1/6/05. (jpd) (Entered: 01/06/2005)
11 ANSWER to Intervenor Complaint by GLAXOSMITHKLINE with Affirmative Defenses, Certificate of Service. (KIRSHENBAUM, ANDREA) Modified on 1/19/2005 (np). (Entered: 01/14/2005)
12 Minute Entry for proceedings held before Judge JOHN R. PADOVA: Pretrial Conference held on 1/19/2005. (md, ) (Entered: 01/20/2005)

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01/19/2005 01/26/2005
01/26/2005
01/27/2005 01/27/2005 02/24/2005 03/16/2005 04/01/2005
04/01/2005 04/08/2005

13 Initial Disclosures pursuant to FRCP 26(a) by JUDITH STAROMANA.(md, ) (Entered: 01/20/2005)
14 SCHEDULING ORDER THAT FINAL PRETRIAL CONFERENCE SET FOR 8/2/2005 AT 9:30 A.M. IN JUDGE'S CHAMBERS ROOM 6614 BEFORE HONORABLE JOHN R. PADOVA. DISCOVERY DUE BY 4/19/2005. MOTIONS DUE BY 7/18/2005. PLAINTIFF PRETRIAL MEMO DUE BY 7/11/2005. DEFENDANT PRETRIAL MEMO DUE BY 7/18/2005. TRIAL POOL SET FOR 8/1/2005. SIGNED BY JUDGE JOHN R. PADOVA ON 1/26/05. 1/27/05 ENTERED AND COPIES MAILED, E-MAILED.(jpd) (Entered: 01/27/2005)
15 ORDER REFERRING CASE TO MAGISTRATE JUDGE CHARLES B. SMITH FOR A SETTLEMENT CONFERENCE TO BE HELD ON 2/11/05 OR AS SOON THEREAFTER AS POSSIBLE. SIGNED BY JUDGE JOHN R. PADOVA ON 1/26/05. 1/27/05 ENTERED AND COPIES MAILED AND E-MAILED TO COUNSEL AND FAXED TO MAGISTRATE SMITH. (jpd) (Entered: 01/27/2005)
16 Plaintiff's Amended Initial Disclosures Pursuant to Rule 26 A by JUDITH STAROMANA.(wgc, ) (Entered: 01/27/2005)
17 Minute Entry/Report of Pretrial Conference held before Judge JOHN R. PADOVA held on 1/19/05. (jpd) (Entered: 01/28/2005)
18 ORDER THAT A SETTLEMENT CONFERENCE IS SET FOR 3/16/2005 AT 10:00 A.M. IN JUDGE'S CHAMBERS ROOM 3000 BEFORE MAGISTRATE CHARLES B. SMITH. SIGNED BY JUDGE CHARLES B. SMITH ON 2/24/05. 2/25/05 ENTERED AND COPIES FAXED FROM CAHMBERS ON 2/24/05. (jpd) Modified on 2/25/2005 (jpd, . (Entered: 02/25/2005)
19 Minute Entry for proceedings held before Judge JOHN R. PADOVA : Settlement Conference held on 3/16/05. (wgc, ) (Entered: 03/16/2005)
20 AMENDED RULE 16 PRETRIAL SCHEDULING ORDER THAT DISCOVERY WILL BE SERVED, NOTICED AND COMPLETED BY 6/15/05; PLAINTIFF'S PRETRIAL MEMORANDUM ARE DUE ON OR BEFORE 9/5/05; DEFENDANT'S PRETRIAL MEMORANDUM ARE DUE ON OR BEFORE 9/12/05; ALL MOTIONS IN LIMINE SHALL BE FILED ON OR BEFORE 9/12/05; A FINAL PRETRIAL CONFERENCE FOR THIS MATTER WILL BE HELD ON 9/26/05 AT 10:00 IN CHAMBERS; THE CASE WILL BE PLACED IN THE CIVIL TRIAL POOL ON 10/1/05; ETC.. SIGNED BY JUDGE JOHN R. PADOVA ON 4/1/05. 4/1/05 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 04/01/2005)
21 Minute Entry for proceedings held before Judge JOHN R. PADOVA : Telephone Conference in re: discovery held on 3/31/05. (pr, ) (Entered: 04/04/2005)
22 ORDER THAT A SETTLEMENT CONFERENCE WILL BE HELD ON FRIDAY, APRIL 15, 2005 AT 9:30 A.M. BEFORE MAGISTRATE JUDGE TIMOTHY RICE IN ROOM 3041. SIGNED BY JUDGE TIMOTHY RICE ON 04/08/05. 04/11/05 ENTERED AND COPIES MAILED AND E-MAILED. COPIES MAILED BY CHAMBERS 04/08/05.(ac, ) (Entered: 04/11/2005)

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04/11/2005
04/15/2005
04/20/2005 04/26/2005
05/25/2005 06/22/2005 06/24/2005

23 ORDER THAT CASE IS REFERRED TO MAGISTRATE JUDGE TIMOTHY RICE FOR A SETTLEMENT CONFERENCE. SIGNED BY JUDGE JOHN R. PADOVA ON 4/8/05. 4/12/05 ENTERED AND COPIES MAILED AND E-MAILED.(stb, ) (Entered: 04/12/2005)
24 ORDER THAT A SETTLEMENT CONFERENCE WILL BE HELD ON 4/25/2005 AT 09:30 AM IN ROOM 3041.. SIGNED BY JUDGE TIMOTHY RICE ON 4/14/05. 4/15/05 ENTERED AND COPIES MAILED AND E-MAILED. FAXED BY CHAMBERS 4/14/05.(afm, ) (Entered: 04/15/2005)
25 MOTION to Amend/Correct Complaint filed by JUDITH STAROMANA.Memorandum, Certificate of Service.(SHIELDS, C.) (Entered: 04/20/2005)
26 ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY JUDGE JOHN R. PADOVA ON 04/26/2005. 04/26/2005 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(gk, ) (Entered: 04/26/2005)
27 Minute Entry Settlement Conference held before Judge TIMOTHY RICE on 4/25/05. (jpd) (Entered: 05/25/2005)
28 CONSENT DECREE. SIGNED BY JUDGE JOHN R. PADOVA ON 6/22/05. 6/22/05 ENTERED AND COPIES MAILED. (jpd) (Entered: 06/22/2005)
29 Minute Entry for proceedings held before Magistrate Judge TIMOTHY RICE: Telephone Conference held on 6/23/05 (jmp, ) (Entered: 06/24/2005)

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