UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MARYLAND Northern Division

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 10 S. Howard Street, 3rd FI. Baltimore, MD 21201
Plaintiff, v.
SAFEGUARD MAINTENANCE CORP. 138 Cockeysville Rd. Cockeysville, MD 21030
Defendant.

)

)

)

)

) CIVIL ACTION NO. 06-cv-2264

)

(RDB)

)

) AMENDED COMPLAINT

)

AND

) 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 sex

and retaliation to provide appropriate relief to Algering Jennings and Jaculyn Ruffin who were adversely affected by such practices. The Commission alleges that Ms. Jennings and Ms. Ruffin were subjected to unwelcome sexual advances, and other verbal and

physical conduct of a sexual nature, constituting sexual harassment by Defendant's

supervisor Rudolph Miller. This sexual harassment was sufficiently severe and pervasive

to alter the conditions of employment and create an abusive, sexually hostile working environment, resulting in Ms. Ruffin's constructive discharge. The Commission further alleges that Ms. Ruffin's hours were reduced and that Ms. Jennings was demoted, transferred and terminated from employment on the basis of sex, female, and in

retaliation for complaining and otherwise opposing the sexual harassment.

This action is also brought under Title I of the Americans with Disabilities Act of 1990 to correct unlawful employment practices regarding prohibited inquiries concerning an applicant's medical condition at the pre-offer stage of employment.
JURISDICTION AND VENUE
1. Jurisdiction of this Court is invoked pursuant to 28 US.C. Sections 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 US.C. Section 2000e-5(f)(1) and (3) ("Title VII"), Section 102 of the Civil Rights Act of 1991, 42 US.C. Section 1981A and Section 107(a) of the Americans with Disabilities Act of 1990 ("ADA"), 42 US.C. § 12117(a),which incorporates by reference Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 ("Title VII") 42 US.C. §§ 2000e5(f)(1) and (3).
2. The unlawful employment practices alleged below were committed within the jurisdiction of the United States District Court for the District of Maryland.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and Title I of the ADA, and is expressly authorized to bring this action by Section 706(f)(1) of Title VII, 42 US.c., Section 2000e-5(f)(1) and Section 107(a) of the ADA, 42 US.C. § 12117(a),which incorporates by reference Sections 706(f)(1) and (3) of Title VII, 42 US.C. §§ 2000e-5(f)(1) and (3).
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4. At all relevant times, Defendant, Safeguard Maintenance Corp. (the "Employer"), has continuously been a corporation doing business in the State of Maryland and the City of Cockeysville, MD 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 701(b), (g) and (h) of Title VII, 42 US.c. Section 2000e-(b), (g) and (h) and under Section 101(5) of the ADA, 42 D.S.C. § 12111(5), and Section 101(7) of the ADA, 42 US.C. § 12111(7), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 US.c. §§2000e(g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Jaculyn Ruffin and Algering Jennings filed charges 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 2005, Defendant Employer has engaged in unlawful employment practices at its Cockeysville, Maryland facility, in violation of Section 703(a)(1) of Title VII, 42 US.C. Section 2000e-2(a)(1). The practices include: 1) subjecting Algering Jennings and Jaculyn Ruffin to sexual harassment and a sexually hostile working environment, including voyeuristic, lewd and sexually suggestive advances, comments and actions by Defendant's supervisor, Rudolph Miller; 2) demoting, transferring and terminating Ms. Jennings' employment; and 3) reducing Ms. Ruffin's hours of work and subjecting her to a hostile working environment and working
3

conditions so intolerable that she was constructively discharged from emploYment,on the basis of sex, female.
8. Since at least April 2005, Defendant Employer has engaged in unlawful emploYmentpractices at its Cockeysville, Maryland facility, in violation of Section 704(a) of Title VII, 42 U.S.C. §§2000e-3(a). The practices include: 1) demoting, transferring and terminating Ms. Jennings' emploYment,and 2) reducing Ms. Ruffin's hours of work, on the basis of their complaining and otherwise opposing the sexual harassment.
9. Since at least December 2003, Defendant Employer has engaged in unlawful emploYmentpractices at its Cockeysville, Maryland facility, in violation of Section 102(d)(2) of the ADA, 42 U.S.C. §12112 (d)(2). These practices include making inquiries of a job applicant, prior to an offer of emploYment,as to whether the applicant is an individual with a disability or as to the nature or severity of such disability, by means of a written job application.
10. The effect of the practices complained of in paragraph numbers 7 and 8, above, has been to deprive Ms. Jennings and Ms. Ruffin of equal emploYmentopportunities and otherwise adversely affect their status as employees because of their sex, female, and for opposing practices made unlawful under Title VII.
11. The unlawful emploYmentpractices complained of above in paragraph numbers 7 and 8 were intentional.
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12. The unlawful employment practices complained of above in paragraph numbers 7 and 8 were done with malice and/or reckless indifference to the federally protected rights of Ms. Jennings and Ms. Ruffin.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its owners, officers, agents, employees, successors, assigns and all persons in active concert or participation with it, from engaging in sexual harassment and any other employment practice which discriminates on the basis of sex.
B. Grant a permanent injunction enjoining Defendant Employer, its owners, officers, agents, employees, successors, assigns, and all persons in active concert or participation with it, from engaging in reprisal or retaliation against any person because such person opposed any practice made unlawful under Title VII or participated in any manner in an investigation, civil action, or other proceeding under Title VII.
C. Grant a permanent injunction enjoining Defendant Employer, its owners, officers, agents, employees, successors, assigns, and all persons in active concert or participation with it, from making inquiries of a j ob applicant, prior to an offer of employment, as to whether the applicant is an individual with a disability or as to the nature or severity of such disability, by any means, including but not limited to a written job application.
D. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for women and individuals
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covered under the ADA, which eradicate the effects of its past and present unlawful employment practices. E. Order Defendant Employer to make whole Ms. Jennings and Ms. Ruffin, 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. F. Order Defendant Employer to make whole Ms. Jennings and Ms. Ruffin, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, in amounts to be determined at trial. G. Order Defendant Employer to make whole Ms. Jennings and Ms. Ruffin, by providing compensation for non-pecuniary losses resulting from the unlawful employment practices described above, including emotional pain and suffering, shock, anxiety, humiliation and loss of enjoyment oflife in amounts to be determined at trial. H. Order Defendant Employer to pay Ms. Jennings and Ms. Ruffin punitive damages for its malicious and/or reckless conduct, in an amount to be determined at trial. I. Grant such further relief as the Court deems necessary and proper. J. Award the Commission its costs in this action.
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JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, RONALD S. COOPER General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN REAMS Associate General Counsel

D Bar No. 04312 Supervisory Trial Attorney

MCC-

-----

"CECILE C. QUINLAN Bar No. 06072

Senior Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Baltimore Field Office
10 S. Howard Street, 3rd FIr. Baltimore, MD 21201 (410) 962-4239 (410) 962-4270 (fax)

7

 
 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND NORTHERN DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION

)

)

and

)

)

ALGERING JENNINGS

)

1314 Dartmount Avenue

)

Parkville, Maryland 21234

)

)

Plaintiffs

)

v.

)

)

SAFEGUARD MAINTENANCE CORP. )

)

Defendant

)

____________________________________)

Civil Action No.: 1:06-cv-02264-RDB

INTERVENING PLAINTIFF, ALGERING JENNINGS,’ AMENDED COMPLAINT
Now comes Algering Jennings, Plaintiff, by her attorneys, Morton Edelstein, Patrick J. Perkins, Nicole Farmer Jackson and the Law Office of Edelstein, Radford & Perkins pursuant to the Federal Rules of Civil Procedure, and sues Safeguard Maintenance Corp., Defendant, and for reasons states:
1. Plaintiff brings forth this action pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et seq; the Maryland Wage Payment & Collection Act, Md. Code Ann., Lab. & Empl. §§ 3-420 and 3-501 et. seq.; and the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201, et seq.
2. The unlawful employment practices alleged below were committed in Cockeysville, Maryland, which is within the jurisdiction of the United States District Court for the District of Maryland, Northern Division.

3. At all relevant times, Defendant, Safeguard Maintenance Corp., has continuously been a corporation doing business in the State of Maryland and the City of Cockeysville, and has continuously had at least fifteen (15) employees.
4. At all relevant times, Safeguard Maintenance Corp. 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).
5. At all times pertinent Defendant, Safeguard Maintenance, was an employer within the meaning of § 3-501(b) of the Md. Code, Labor and Employment Article.
6. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 203 of the Fair Labor Standards Act of 1938.
7. That the Plaintiff has been granted the right to intervene in this action. 8. More than thirty (30) days prior to the institution of this lawsuit, Algering Jennings filed a Charge of Discrimination with the EEOC alleging violations of Title VII by the Defendant employer. All other conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least March 2005, Defendant, Safeguard Maintenance Corp., has engaged in unlawful employment practices in its Cockeysville facility, constituting a violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1). Specifically, Rudolph Miller, Manager/Site Supervisor, subjected Plaintiff to sexual harassment and a sexually hostile work environment including, but not limited to, voyeuristic, lewd and sexually suggestive advances, comments and actions. These practices amounted to pervasive, unwelcome and offensive harassment based on Plaintiff’s sex. Such harassment culminated in a tangible employment action. Defendant had notice of the unlawful harassment and failed to take reasonable corrective action or action reasonably calculated to prevent the harassment. Additionally, the Defendant demoted, transferred and terminated Plaintiff’s employment on the basis of sex.

10. That demoting, transferring, and ultimately terminating the Plaintiff as a result of her complaining and otherwise opposing Mr. Miller’s sexual harassment was a violation of Section 704(a) of Title VII, 42 U.S.C. §§ 2000e-3(a).
11. The effect of the practices complained of in paragraphs 8 and 9 above, has been to deprive Plaintiff of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex.
12. The unlawful employment practices complained of in paragraphs 8 and 9 above were intentional.
13. The unlawful employment practices complained of in paragraphs 8 and 9 above were done with malice or with reckless indifference to Plaintiff’s federally protected rights.
14. Under Maryland’s Wage Payment and Collection Law, “an employer shall pay an employee all wages due for work that the employee performed before the termination of employment, on or before the day on which the employee would have been paid the wages if the employment had not been terminated.” Md. Code Ann., Labor and Employment Article, § 3-505.
15. That Plaintiff’s last day of employment with the Defendant was April 4, 2005. 16. That the Defendant has failed to pay Plaintiff all of the wages for work she performed before her termination of employment amounting to a violation of Maryland’s Wage, Payment and Collection Law, namely §3-505 of the Md. Code, Labor and Employment Article. 17. The Defendant’s withholding of Plaintiff’s wages was not the result of a bona fide dispute. 18. By failing to pay Plaintiff her accrued wages, the statutory minimum wage and any other compensation she was entitled to, the Defendant violated Section 6 of the Fair Labor Standards Act, 29 U.S.C. § 206. 19. Defendant’s violation of Maryland’s Wage, Payment and Collection Law and the Fair Labor Standards Act was willful.

WHEREFORE, Plaintiff, Algering Jennings, respectfully requests that this Court: A. Order Defendant to make whole Plaintiff by providing appropriate back pay and front pay with prejudgment 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 to make whole Plaintiff by providing compensation for non-pecuniary losses, including emotional pain, suffering and mental anguish, in amounts to be proven at trial;
C. Order Defendant to pay punitive damages for its malice and reckless disregard of Plaintiff’s federally protected rights to have a work environment free from sexual harassment and retaliation in accordance with Title VII, in amounts to be proven at trial;
D. Order Defendant to pay all unpaid wages in the amount of the underpayments described above, or in the amount determined from Defendants’ records or at trial;
E. Order Defendant to pay three (3) times the unpaid wages described in the preceding subsection, as authorized by Md. Code, Labor and Employment Article, § 3-507.1(b);
F. Order Defendant to pay two (2) times the unpaid wages described in subsection D, as authorized by the Fair Labor Standards Act, 29 U.S.C. § 216;
G. Order Defendant to pay Plaintiff’s reasonable attorney fees and costs in this action; and H. Any such other and further relief the Court may deem appropriate.

Respectfully Submitted,
EDELSTEIN, RADFORD & PERKINS
___________/s/_______________ Morton Edelstein, Esquire Federal Bar No.: 01339 110 St. Paul Street, Suite 402 Baltimore, Maryland 21202 (410) 685-0770
___________/s/_______________ Patrick J. Perkins, Esquire Federal Bar No.: 27782 110 St. Paul Street, Suite 402 Baltimore, Maryland 21202 (410) 685-0770
___________/s/_______________ Nicole Farmer Jackson, Esquire Federal Bar No.: 28180 110 St. Paul Street, Suite 402 Baltimore, Maryland 21202 (410) 685-0770
Attorneys for Plaintiff

 
 Case 1:06-cv-02264-RDB Document 10-2 Filed 10/24/2006 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION

)

)

and

)

)

Jaculyn Ruffin

)

7411 Sudbrook Road

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Pikesville Maryland 21208

)

)

Plaintiff

)

)

v.

)

)

SAFEGUARD MAINTENANCE

)

)

)

Defendant

)

________________________________________

C.A. No.
COMPLAINT AND JURY TRIAL DEMAND

INTERVENOR’S COMPLAINT

Now comes Jaculyn Ruffin, Plaintiff, by and through her undersigned attorneys,

pursuant to Rule 24 of the Federal Rules of Civil Procedure, and sues Safeguard

Maintenance Corporation (“Defendant”) and for reasons states:

1. This is an action filed pursuant to Title VII of the Civil Rights Act of

1964, as amended, 42 U.S.C. 2000e, et seq and the Fair Labor Standards Act of 1938, as

amended, 29 USC § 201, et seq (the “Act”).

2. At all times relevant hereto, Plaintiff was a resident of Baltimore County,

Maryland.

3. At all times relevant hereto, Defendant has continuously conducted

Case 1:06-cv-02264-RDB Document 10-2 Filed 10/24/2006 Page 2 of 6
business in Baltimore County, Maryland, and has had at least 15 employees. Defendant’s principal place of business is located at 138 Cockeysville Road, Cockeysville, Maryland 21030.
4. At all relevant times hereto, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g), and (h) of Title VII, 42 U.S.C. 2000e-(b), (g) and (h) and Section 203 of the Fair Labor Standards Act of 1938.
5. Plaintiff, the United States Equal Employment Opportunity Commission (“EEOC”) is the Agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3).
6. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 1331, 1337, 1343, and 1345.
7. Jurisdiction of the action is conferred on this Court by Section 16(b) of the Act (29 USC § 216 (b)), and by the provisions of 28 USC § 1337, relating to any civil liability or proceeding arising under any Act of Congress regulating commerce. Jurisdiction is also conferred by 28 U.S.C. § 1367. This actions is authorized and instituted pursuant to provisions of the Fair Labor Standards Act of 1938 as amended, 29 U.S.C. § 201, et seq.
8. Plaintiff also maintains this action under the Maryland Wage Payment and Collection Act, Md. Code Ann., Lab. & Empl. §§ 3-420 and 3-501 et. seq. (“Wage Payment Law”).
9. The employment practices alleged to be unlawful were committed within
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Case 1:06-cv-02264-RDB Document 10-2 Filed 10/24/2006 Page 3 of 6
the jurisdiction of the United States District Court for the District of Maryland, Northern Division.
10. Plaintiff filed a charge of discrimination with the EEOC alleging violations of Title VII by Defendant more than thirty days prior to the institution of this lawsuit. All conditions precedent to the institution of this lawsuit have been fulfilled.
11. Since at least November 2003, Defendant has engaged in unlawful employment practices at its Cockeysville, Maryland facility, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e -2(a)(1) and the Act.
12. Rudolph Miller, Manager/Site Supervisor, subjected Plaintiff to sexual harassment and a sexually hostile work environment that escalated up and until Plaintiff’s discharge from Defendant’s employ.
13. Miller’s actions included but were not limited to voyeuristic, lewd and sexually suggestive advances, comments, and actions. These practices amounted to pervasive, unwelcome and offensive harassment based upon Plaintiff’s sex.
14. This harassment culminated in a tangible employment action. Defendant had notice of the unlawful harassment and failed to take reasonable corrective action or action reasonably calculated to prevent the harassment. Additionally, Defendant demoted, transferred and terminated Plaintiff’s employment on the basis of sex.
15. That demoting, transferring, and ultimately terminating the Plaintiff as a result of her complaining and otherwise opposing Mr. Miller’s sexual harassment was a violation of Section 704(a) of Title VII, 42 U.S.C. §§ 2000e-3(a).
16. The effect of the practices complained of in paragraphs 12 through 15 has
3

Case 1:06-cv-02264-RDB Document 10-2 Filed 10/24/2006 Page 4 of 6
been to deprive Plaintiff of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex, female, and for opposing practices made unlawful under Title VII.
17. The unlawful practices complained of in paragraphs 12 through 15 were intentional.
18. The unlawful practices complained of in paragraphs 12 through 15 were done with malice or with reckless indifference to Plaintiff’s federally protected rights.
19. Defendant also failed to pay Plaintiff all the wages including overtime she earned before her employment was terminated and/or on the next available day in which Plaintiff would have been paid if her employment had not been terminated as required by Md. Code Ann., [Labor & Empl.] (1999) §§ 3-420 and 3-505.
20. Defendant did not withhold Plaintiff’s wages because of a good faith dispute.
21. Under §3-507.1, when an employer fails to pay an employee in accordance with §3-505, the Court may award the employee an amount equal to three (3) times the employee’s wages, plus reasonable counsel fees and other costs. Md. Code Ann., [Labor & Empl.] (1999) §3-505.
22. In addition, Defendant failed to pay Plaintiff all the wages including overtime she earned before her employment terminated as required by the Fair Labor Standards Act of 1938.
23. Defendant willfully, knowingly and purposely engaged in refusing to pay Plaintiff the compensation she earned. WHEREFORE, Plaintiff Jaculyn Ruffin, respectfully requests that this Court:
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Case 1:06-cv-02264-RDB Document 10-2 Filed 10/24/2006 Page 5 of 6
A. Declare that the actions of Defendant described in paragraphs 12 through 18 were discriminatory in violation of Title VII of the Civil Rights Act of 1964, et seq.
B. Declare that the actions of Defendant described in paragraphs 19 through 23 violated the Maryland Wage and Payment Act and the Fair Labor Standards Act of 1938 and grant a permanent injunction enjoining Defendant from further wage and hour payment violations.
C. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sex discrimination, including discharge, and any other employment practice which discriminates on the basis of sex.
D. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities without regard to sex, and which eradicate the effects of their past and present unlawful employment practices, including but not limited to maintaining and enforcing a policy that prohibits sex discrimination and conducting effective employment training regarding such policy.
E. Order Defendants to pay Plaintiff Jaculyn Ruffin appropriate back pay in amounts to be determined at trial, an equal sum as liquidated damages, and prejudgment interest, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to reinstatement or front pay in lieu thereof.
F. Order Defendant to make whole Plaintiff Jaculyn Ruffin by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above in amounts to be determined at trial.
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Case 1:06-cv-02264-RDB Document 10-2 Filed 10/24/2006 Page 6 of 6
G. Order Defendant to make whole Plaintiff Jaculyn Ruffin by providing compensation for violations of the Fair Labor Standards Act and the Maryland Wage and Payment Act including its overtime provisions.
H. Order Defendant to make whole Plaintiff Jaculyn Ruffin by providing compensation for past and future non-pecuniary losses resulting form the unlawful practices complained of above, including emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary losses, in amounts to be determined at trial.
J. Order Defendant to pay Plaintiff Jaculyn Ruffin punitive damages for its malicious and reckless conduct, in amounts to be determined at trial.
K. Order Defendant to pay reasonable counsel fees and costs. L. Grant such further relief as the Court deems necessary and proper.
JURY TRIAL DEMAND Plaintiff, Jaculyn Ruffin, requests a jury trial on all questions of fact raised by her Complaint.
Respectfully submitted,
__/s/ Stephanie Kinder__________________ Stephanie D. Kinder (Federal Bar ID# 26303) Law Offices of Stephanie D. Kinder, PA 10 N. Calvert Street Suite 930 Baltimore, Maryland 21202 (410) 244-6263 telephone (410) 347-3144 facsimile skinder@epcounsel.com Attorney for Intervening Plaintiff Jaculyn Ruffin
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 Case 1:06~cv-02264-RD8 Document 25 Filed 02/09/2007 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION et a1.
Plaintiffs,
v.
SAFEGUARD MAINTENANCE CORP Defendant.

) ) ) ) ) CIVIL ACTION NO. 06-cv-2264 RDB ) ) ) )
)

CONSENT DECREE

This action was instituted by Plaintiff, Equal Employment Opportunity Commission

("EEOC" or the "Commission"), against Defendant, Safeguard Maintenance Corp.

("Defendant"), on August 29, 2006. The Commission filed an Amended Complaint on October

4,2006, The Comission's amended complaint alleges that Defendant subjected Charging Parties

Algering Jennings and Jaculyn Ruffin to sexual harassment, demoted, transferred and unlawfully

discharged Ms Jennings, reduced Ms. Ruffins' work hours, and subjected Ms Ruffin to a hostile

work environment resulting in her constructive discharge, on the basis of sex, female, and

retaliation, in violation of Sections 703 (a)(1) and 704(a) of Title VII, 42 U.S.C. §§ 2000e-

2(a)(1) and 2000e-3(a). The Commission further alleges that Defendant engaged in unlawful

employment practices in violation of Section 102(d)(2) of the ADA, 42 U.S.C. §§ 12112(d)(2)

by making pre-employment disability related inquiries as contained in Defendant's application

for employment. Thereafter on October 23, 2006 and October 24, 2006, respectively, Charging Party

Algering Jennings ("Jennings or "Plaintiff Intervenor Jennings") and Charging Party Jaculyn

Ruffin ("Ruffin" or "Plaintiff Intervenor Ruffin"), (jointly "Plaintiff Intervenors"), filed Motions

Case 1:06-cv-02264-RDB Document 25 Filed 02/09/2007 Page 2 of 8
to Intervene in this action. Plaintiff Intervenors similarly allege in their complaints that Defendant violated Sections 703 (a)(1) and 704(a) of Title VII, 42 U.S.C. §§ 2000e-2(a)(1) and 2000e-3(a) as set forth in. Plaintiff Intervenors also allege that Defendant failed to pay wages owed Plaintiff Intervenors in violation of the FLSA and Md Code Ann., [Labor & Empl.] §3505. On December 13,2006, PlaintiffIntervenors' Motions to Intervene were granted.
The Commission, Intervenor Plaintiffs and Defendant desire to resolve this action without the time and expense of continued litigation, and they desire to formulate a plan to be embodied in a Decree which will promote and effectuate the purposes of Title VII and the ADA.
For the purposes of resolving this action, Defendant admits that the Court has jurisdiction over this action and that all statutory and jurisdictional prerequisites to suit have been satisfied.
This Decree, being entered with the consent of the Commission, Plaintiff Intervenors and Defendant, shall not constitute an adjudication or finding on the merits of this case and shall not be construed as an admission of liability by Defendant or as a waiver by the Commission or Plaintiff Intervenors of any contentions of discrimination.
The Court has examined this Decree and finds that it is reasonable and just and in accordance with the Federal Rules of Civil Procedure, Title VII and the ADA. Therefore, upon due consideration of the record herein and being fully advised in the premises, it is ORDERED, ADJUDGED AND DECREED:
1. This Decree resolves all issues and claims alleged in the Complaint filed by the Commission in this Title VII and ADA action and Plaintiff Intervenors' Complaints which emanated from the Charges of Discrimination Nos. 120-2005-05481 and 120-2005-05391 filed by Algering Jennings and Jaculyn Ruffm.
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Case 1:06-cv-02264-RDB Document 25 Filed 02/09/2007 Page 3 of 8

2. Defendant, its officers, agents, servants, employees and all persons acting or claiming to act in its behalf and interest shall be enjoined and restrained from engaging in any

employment practice which discriminates on the basis of sex and retaliation in violation of Title

VII, particularly with regard to sexual harassment, terms and conditions and discharge.

3. Defendant, its officers, agents, servants, employees and all persons acting or

claiming to act in its behalf and interest shall be enjoined and restrained from engaging in any

employment practice which discriminates on the basis of disability in violation of the ADA,

particularly with regard to making any pre-employment disability related inquiries, including any

inquiries set forth in its application for employment.

4. Within five (5) business days of the entry of this Decree, Defendant will pay

monetary damages in the total amount of sixty thousand dollars ($60,000) in full settlement of the

Commission's and Plaintiffs Intervenors' case in accordance with the following provisions:

a) Defendant will pay to Jaculyn Ruffin monetary compensatory damages in the total

amount of forty five thousand dollars ($45,000). Defendant shall take no withholding from the

compensatory monetary amount listed above and will issue a Form 1099 to Jaculyn Ruffin

reflecting this payment.

b)

Defendant agrees that the check(s) shall be forwarded to Jaculyn Ruffin by

overnight mail at an address to be supplied by the Commission. Within five (5) days of this payment, Defendant shall send to the Commission's attorney of record a copy of the check(s) along with a copy of the overnight delivery receipt.
c) Defendant will pay to Algering Jennings monetary compensatory damages in the total amount of fifteen thousand dollars ($15,000). Defendant shall take no withholding from the

3

Case 1:06-cv-02264-RDB Document 25 Filed 02/09/2007 Page 4 of 8
compensatory monetary amount listed above and will issue a Form 1099 to Algering Jennings reflecting this payment.
d) Defendant agrees that the check shall be forwarded to Algering Jennings by overnight mail at an address to be supplied by the Commission. Within five (5) days of this payment, Defendant shall send to the Commission's attorney of record a copy of the check along with a copy of the overnight delivery receipt.
5. Within five (5) days of the Court's approval of this Consent Decree, Defendant s will post in all places where notices to employees are customarily posted at its facilities, the Notice attached hereto as Exhibit "A" and made a part hereof. Said Notice attached hereto as Exhibit "A" shall be posted and maintained for a period of at least three (3) years from the date of posting and shall be signed by a responsible official of Defendant with the date of actual posting shown thereon. Should the Notice become defaced, marred, or otherwise made unreadable, Defendant will ensure that new readable copies of the Notice are posted in the same manner as heretofore specified. Within thirty (30) days of such posting, Defendant shall forward to the attorney of record at the Baltimore Office a copy of the signed Notice attached hereto as Exhibit "A" and written certification that the Notice referenced herein has been posted and a statement of the location(s) and date of posting.
6. Defendant agrees that within fourteen (14) days of the entry of this Decree, it shall revise its sexual harassment policy. The revised policy shall include at a minimum, a clear explanation of prohibited conduct, designation of a contact person to whom the prohibited conduct should be reported, with an effective method of contact, a complaint procedure that provides accessible avenues of complaint, assurance that the employer will take all reasonable
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Case 1:06-cv-02264-RDB Document 25 Filed 02/09/2007 Page 5 of 8
measures to protect confidentiality, conduct an impartial investigation, refrain from retaliating against any person who participates in such investigation, and take prompt and appropriate corrective action. Defendant will post the revised sexual harassment in all places where notices to employees are customarily posted at its facilities. The revised sexual harassment policy shall be posted and maintained for a period of at least three (3) years from the date of posting and shall be signed by a responsible official of Defendant with the date of actual posting shown thereon. Within thirty (30) days of the posting of the policy, Defendant shall forward to the attorney of record at the Baltimore Office a written certification that the policy referenced herein has been posted and a statement of the location(s) and date of posting.
7. Defendant agrees that within ninety days (90) days of the entry of this Decree it will provide mandatory training of no less than two (2) hours duration to all its managerial and supervisory employees regarding federal EEO laws prohibiting discrimination in employment enforced by the Commission, particularly those concerning sex discrimination and retaliation under Title VII and pre-employment disability related inquiries under the ADA. The trainer's credentials and an outline of program materials shall be forwarded to the EEOC's attorney of record ten (10) days prior to such training being conducted and a representative of the Commission shall be invited to attend such training. Defendant shall distribute at this training its revised sexual harassment policy referenced in paragraph 6 above to all attendees. Within fifteen (15) days of the completion of this training, Defendant shall forward to the attorney of record at the Baltimore Office written certification that the training has been completed together with a list of managerial and supervisory employees who have been trained, and the dates of the training.
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Defendant also agrees to provide to each newly-hired managerial or supervisory employee, an orientation to its equal employment opportunity policies within a reasonable time of hire.
8. The Commission reserves the right to monitor compliance with the provisions of this Decree. As part of such review, the EEOC, upon notice to Defendant, may require written reports concerning compliance, inspect Defendants' premises, interview witnesses, and examine and copy documents at reasonable times to be mutually agreed to by the parties
9. If any party to this Decree believes that any other party has breached a material provision of this Decree, it shall so notify the party (s), in writing, of the alleged breach. Upon receipt of written notice, a party(s) shall have fifteen (15) days to either correct the alleged breach, and so inform the other party(s), or deny the alleged breach, in writing: a) If the parties remain in dispute they shall attempt in good faith to resolve their dispute; b) If the parties can not in good faith resolve their dispute, the party alleging a breach may file with the Court a motion to correct and remedy the breach; c) Each party shall bear its own costs, expenses and attorney's fees incurred in connection with such action; and d) Jurisdiction and venue to resolve any dispute arising under this Decree resides in the United States District Court for the District of Maryland.
10. This Decree shall remain in full force and effect for a period of three (3) years from the date of approval and entry of this Decree by the Court.
11. The Court shall retain jurisdiction of this action to ensure compliance with this Decree. In all other respects, upon approval and entry by the Court of this Decree, the Commission's action against Defendant is dismissed with prejudice and the Clerk of the Court is directed to remove this action from the Court's calendar.
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12. The Commission, Plaintiff Intervenors and Defendant shall bear their own costs, expenses and attorneys' fees incurred in connection with this action.
13. The undersigned counsel of record, on behalf of their respective clients, hereby consent to the entry of the foregoing Consent Decree.

AGREED:

FOR DEFENDANT: SAFEGUARD MAINTENANCE CORP.

- - - -/s/- - - - - - - - -
DONALD J. WALSH, ESQ Offit Kunnan, PA 8 Park Center Court Suite 200 Owings Mills MD 21117

FOR PLAINTIFF INTERVENOR JACULYN RUFFIN

- /s/
----~

-

-

-

-

-

-

-

-

-

-

-

-

-

-

STEPHANIE D. KINDER, ESQ.

Law Offices of Stephanie D Kinder PA

ION Calvert St Ste 930

Baltimore, MD 21202

(410) 244-6263

FOR PLAINTIFF:
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
RONALD S. COOPER General Counsel
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
_ _ _---'/s/_ _ _ _ _ _ _ __ JACQUELINE H. MCNAIR Regional Attorney EEOC-Philadelphia District Office (including Baltimore Field Office)

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Case 1:06-cv-02264-RDB Document 25 Filed 02/09/2007 Page 8 of 8

FOR PLAINTIFF INTERVENOR ALGERING JENNINGS:
______~/s/________________ NICOLE FARMER JACKSON, ESQ. Edelstein Radford and Perkins 110 St Paul St Ste 402 Baltimore, MD 21202 (410) 685-0770

------~/~------------------
DEBRA M. LAWRENCE Supervisory Trial Attorney EEOC-Baltimore Field Office
lsi CECILE C. QUINLAN Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION EEOC-Baltimore Field Office 10 S. Howard Street, 3rd Fl. Baltimore Maryland 21201 (410) 962-4239

SO ORDERED.

1'11-

~ ~07. Signed and entered this day of

UNITED STATES DISTRICT COURT JUDGE

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

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?766061191288502-L_3...

CASREF, CLOSED
U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:06-cv-02264-RDB

EEOC v. Safeguard Maintenance Corp. Assigned to: Judge Richard D Bennett Cause: 42:2000 Job Discrimination (Sex) Plaintiff EEOC
Intervenor Plaintiff

Date Filed: 08/29/2006 Date Terminated: 01/04/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Debra Michele Lawrence U S Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14102092734 Fax: 14109624270 Email: debra.lawrence@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cecile Celeste Quinlan Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624260 Fax: 14109624270 Email: cecile.quinlan@eeoc.gov ATTORNEY TO BE NOTICED
Jacqueline H McNair US Equal Employment Opportunity Commission 21 S Fifth St Ste 400 The Bourse Bldg Philadelphia, PA 19106 12154402666 Fax: 12154402674 Email: jacqueline.mcnair@eeoc.gov ATTORNEY TO BE NOTICED

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District of Maryland (CM/ECF Live 3.0) - Docket Report
Ms. Algering Jennings

Intervenor Plaintiff Jaculyn Ruffin

V. Defendant Safeguard Maintenance Corp.

Intervenor Defendant Safeguard Maintenance Corp.

Date Filed

#

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?766061191288502-L_3...
represented by Morton Edelstein Law Office of Morton Edelstein 110 St Paul St Ste 402 Baltimore, MD 21202-1723 14106850770 Fax: 14102340429 Email: edelsteinradford@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicole Farmer Jackson Edelstein Radford and Perkins 110 St Paul St Ste 402 Baltimore, MD 21202 14106850770 Fax: 14102340429 Email: Nicolefjackson@aol.com ATTORNEY TO BE NOTICED
represented by Stephanie Dawn Kinder Law Offices of Stephanie D Kinder PA 10 N Calvert St Ste 930 Baltimore, MD 21202 14102446263 Fax: 14103473144 Email: skinder@epcounsel.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Donald J Walsh Offit Kurman PA Eight Park Center Court Ste 1200 Owings Mills, MD 21117 14437381583 Fax: 14437381535 Email: dwalsh@offitkurman.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Docket Text

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

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?766061191288502-L_3...

08/29/2006 08/29/2006 08/31/2006 10/04/2006
10/04/2006 10/19/2006 10/19/2006 10/23/2006 10/24/2006 10/26/2006 11/09/2006 11/09/2006 11/13/2006 11/15/2006 11/16/2006 12/13/2006

1 COMPLAINT against Safeguard Maintenance Corp., filed by EEOC. (Attachments: # 1 Civil Cover Sheet)(raf, Deputy Clerk) (Entered: 08/31/2006)
3 NOTICE OF LAWSUIT AND REQUEST FOR WAIVER of Service as to Safeguard Maintenance Corp. by EEOC. (raf, Deputy Clerk) (Entered: 08/31/2006)
4 NOTICE of Appearance by Jacqueline H McNair on behalf of EEOC (raf, Deputy Clerk) (Entered: 08/31/2006)
5 AMENDED COMPLAINT against Safeguard Maintenance Corp., filed by EEOC and Jury Demand. (Attachments: # 1 Exhibit Redline - Amended Complaint)(Quinlan, Cecile) Modified on 10/4/2006 (jlb, Deputy Clerk). (Entered: 10/04/2006)
6 REQUEST FOR WAIVER of Service sent to Resident Agent/Attorney Safeguard Maintenance Corp. on 10/04/06 by EEOC. (Quinlan, Cecile) (Entered: 10/04/2006)
7 WAIVER OF SERVICE Returned Executed by Safeguard Maintenance Corp.. (Quinlan, Cecile) (Entered: 10/19/2006)
8 Settlement Conference - requesting (Walsh, Donald) (Entered: 10/19/2006)
9 MOTION to Intervene by Algering Jennings. Responses due by 11/9/2006 (Attachments: # 1 Text of Proposed Order # 2 Intervenor's Complaint)(Edelstein, Morton) (Entered: 10/23/2006)
10 MOTION to Intervene by Jaculyn Ruffin. Responses due by 11/13/2006 (Attachments: # 1 Text of Proposed Order Intervenor Complaint)(Kinder, Stephanie) (Entered: 10/24/2006)
12 MOTION to Amend/Correct Intervenor's Complaint by Algering Jennings. Responses due by 11/13/2006 (Attachments: # 1 Amended Intervenor Complaint# 2 Text of Proposed Order)(Edelstein, Morton) (Entered: 10/26/2006)
13 NOTICE of Appearance by Nicole Farmer Jackson on behalf of Algering Jennings (Jackson, Nicole) (Entered: 11/09/2006)
14 Settlement Conference - requesting (Walsh, Donald) (Entered: 11/09/2006)
15 Paperless ORDER approving 14 parties' joint request for extension of time to file responses to motions to intervene. Responses due Dec. 1, 2006. (Bennett, Richard) (Entered: 11/13/2006)
16 ORDER REFERRING CASE to Magistrate Judge Paul W. Grimm for settlement conference. Signed by Judge Richard D Bennett on 11/15/2006. (fk, Deputy Clerk) (Entered: 11/15/2006)
17 ORDER SCHEDULING Settlement Conference. Signed by Judge Paul W. Grimm on 11/16/06. (jlb, Deputy Clerk) (Entered: 11/16/2006)
18 ORDER granting 9 Motion of Algering Jennings to Intervene; granting 10 Motion of Jaculyn Ruffin to Intervene; granting 12 Motion of Algering Jennings to Amend Complaint. Signed by Judge Richard D Bennett on 12/13/06. (jlb, Deputy Clerk) (Entered: 12/13/2006)

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

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12/13/2006 12/13/2006 12/20/2006 12/20/2006 01/03/2007 01/03/2007 01/04/2007
01/26/2007
02/09/2007 02/09/2007 02/20/2007 02/20/2007 02/21/2007 02/21/2007

19 Intervenor COMPLAINT, filed by Jaculyn Ruffin.(jlb, Deputy Clerk) (Entered: 12/13/2006)
20 Amended Intervenor COMPLAINT, filed by Algering Jennings.(jlb, Deputy Clerk) (Entered: 12/13/2006)
21 REQUEST for Extension of Time to File Responses to Complaints and Amended Complaints of Plaintiff and Intervenors (Walsh, Donald) (Entered: 12/20/2006)
22 Paperless ORDER approving 21 parties' joint request for extension of time. Defendant's answer/response due 1/10/2007. (Bennett, Richard) (Entered: 12/20/2006)
Settlement Conference held on 1/3/2007 before Judge Paul W. Grimm. (jlb, Deputy Clerk) (Entered: 01/04/2007)
Judge Paul W. Grimm no longer assigned to case. (jlb, Deputy Clerk) (Entered: 01/04/2007)
23 ORDER DISMISSING case with each party to bear its own costs unless otherwise agreed without prejudice to the right of a party to move for good cause to reopen this action if settlement is not consummated. Signed by Judge Richard D Bennett on 1/4/07. (jlb, Deputy Clerk) (Entered: 01/04/2007)
24 PAPERLESS ORDER. A telephone conference regarding the status of the settlement agreement between the parties will be held on THURSDAY, FEBRUARY 1, 2007 AT 2 P.M. Only counsel for the parties need to participate in the call. Counsel for the EEOC shall coordinate and initiate the call to my chambers. Signed by Judge Paul W. Grimm on 01/26/2007. (Grimm, Paul)(kmw). (Entered: 01/26/2007)
25 SETTLEMENT AGREEMENT - CONSENT DECREE for Court Approval and Entry by EEOC. (Attachments: # 1 Exhibit Exhibit A - Notice)(Quinlan, Cecile) (Entered: 02/09/2007)
26 CONSENT DECREE and APPROVAL. Signed by Judge Richard D Bennett on 2/9/07. (eg, Deputy Clerk) (Entered: 02/09/2007)
27 NOTICE of Voluntary Dismissal by Algering Jennings (Jackson, Nicole) (Entered: 02/20/2007)
28 NOTICE of Voluntary Dismissal by Jaculyn Ruffin (Kinder, Stephanie) (Entered: 02/20/2007)
29 MARGINAL ORDER APPROVING 27 Notice of Voluntary Dismissal with prejudice filed by Algering Jennings. Signed by Judge Richard D Bennett on 2/20/07. (hml, Deputy Clerk) (Entered: 02/21/2007)
30 MARGINAL ORDER APPROVING 28 Notice of Voluntary Dismissal with prejudice filed by Jaculyn Ruffin. Signed by Judge Richard D Bennett on 2/20/07. (hml, Deputy Clerk) (Entered: 02/21/2007)

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