UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MARYLAND SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Baltimore District Office 10 S. Howard Street, 3rd Fl. Baltimore, Maryland 21201
Plaintiff,
v.
IMPORTED CARS OF MARYLAND, INC. d/b/a COLLEGE PARK HONDA, 9400 Baltimore Blvd. College Park, Maryland 20740
Defendant.

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Civil Action No.

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COMPLAINT

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JURY TRIAL DEMAND

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NATURE OF ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e, et seq. (“Title VII”) and Title I of the Civil Rights Act of 1991, 42 U.S.C. Section 1981A, to correct unlawful employment practices based on race, national origin, and retaliation and to make whole Nishant Paul. As discussed in more detail below, Defendant subjected Mr. Paul to a hostile work environment based on his race (South Asian) and national origin (Indian) and discharged him in retaliation for complaining about the unlawful harassment.

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to Sections 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII, 42 U.S.C. Section 2000e-5(f)(1), (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. Section 1981A. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Maryland, Southern Division. 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 is expressly authorized to bring this action by Section 706 (f)(1) and (3) of Title VII, 42 U.S.C. Section 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Imported Cars of Maryland, Inc. d/b/a College Park Honda (“Defendant Imported Cars of Maryland”) has continuously been and is now a Maryland corporation doing business in the State of Maryland and the City of College Park, and has at least fifteen employees. 5. At all relevant times, Defendant Imported Cars of Maryland has continuously been an employer engaged in an industry affecting commerce under Section 701(b), (g), and (h) of Title VII, 42 U.S.C. Section 2000e-(b), (g), and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Nishant Paul filed a charge with the Commission alleging violations of Title VII by Defendant Imported Cars of Maryland. All conditions precedent to the institution of this lawsuit have been fulfilled.
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7. Since February or March 2003, Defendant Imported Cars of Maryland has engaged in unlawful employment practices at its College Park Honda dealership, in violation of Sections 703(a) and 704(a) of Title VII, 42 U.S.C. Section 2000e-2(a) and 2000e-3(a). The practices include the following:
a. Subjecting Nishant Paul to a racially and ethnically hostile and offensive work environment. Specifically, Owner Richard Patterson and General Sales Manager Steven Cole on a daily basis called Mr. Paul discriminatory and derogatory terms, such as “bobblehead,” “dot head,” “sand nigger,” and “towel head.” Owner Patterson and Manager Cole also frequently made fun of Charging Party’s culture, such as having employees in a staff meeting “bob” their heads up and down when talking about Indian customers, asking Charging Party if the red dot on an Indian’s forehead was a “push start,” and calling South Asian customers “cheap.” In addition, Manager Cole frequently yelled, cursed at, and threatened Mr. Paul. The harassment ultimately culminated in Mr. Paul’s termination; and
b. Terminating Mr. Paul’s employment in retaliation for complaining about discriminatory treatment.
8. The unlawful employment practices complained of in paragraph 7 were intentional.
9. The unlawful employment practices complained of in paragraph 7 were done with malice or with reckless indifference to the federally protected rights of Nishant Paul.
WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Imported Cars of Maryland, its officers, successors, assigns and all persons in active concert or participation with it, from
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engaging in harassment based on race and national origin and from engaging in retaliation against employees who oppose practices made unlawful by Title VII;
B. Order Defendant Imported Cars of Maryland to institute and carry out policies, practices, and programs which eradicate harassment based on race and national origin and retaliation, and prevent harassment based on race and national origin and retaliation from occurring in the future, and which eradicate the effects of past and present harassment based on race and national origin and retaliation;
C. Order Defendant Imported Cars of Maryland to reinstate Nishant Paul to his rightful place position;
D. Order Defendant Imported Cars of Maryland to make whole Nishant Paul by providing appropriate back pay with prejudgment interest and front pay in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices;
E. Order Defendant Imported Cars of Maryland to make whole Nishant Paul by providing compensation for pecuniary and nonpecuniary losses, including emotional pain, suffering, anxiety, depression, embarrassment, degradation, and humiliation;
F. Order Defendant Imported Cars of Maryland to pay Nishant Paul punitive damages for its callous indifference to his federally protected right to be free from racial discrimination and retaliation in the workplace;
G. Grant such further relief as the Court deems proper; and H. 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 the Complaint.
Respectfully submitted,
ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
/s/ GERALD S. KIEL Regional Attorney
/s/ DEBRA M. LAWRENCE Supervisory Trial Attorney
/s/ MARIA LUISA MOROCCO Trial Attorney Federal Bar No. 24357
/s/ MARIA SALACUSE Trial Attorney Federal Bar No. 15562
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 10 S. Howard Street, 3rd Floor Baltimore, Maryland 21201 (410) 962-4341 (phone) (410) 962-4270 (fax)
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 UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MARYLAND SOUTHERN DIVISION

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EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION,

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Plaintiff,

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v.

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IMPORTED CARS OF MARYLAND, INC.

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d/b/a COLLEGE PARK HONDA,

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Defendant.

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Civil Action No. RWT-04-3130

CONSENT DECREE

This action was instituted by Plaintiff, the U.S. Equal Empl oyment Opportunity

Commission (the “EEOC” or the “Commission ”), against Defendant Imported Cars of

Maryland, Inc. d/b/a College Park Honda, (hereinafter “Defendant”), alleging that Defendant

subjected Nishant Paul to a ra cially and ethnically hostile and offensive environment, in

violation of Section 703(a) of Title VII of the Civil Rights Act of 1964, as amended, 42

U.S.C. Section 2000e-2(a), and further alleging that Defendant terminated Nishant Paul in

retaliation for complaining about discriminatory treatment, in violation of Section 704(a) of

Title VII, 42 U.S.C. Section 2000e-3(a). Defendantexpressly denies the allegations in the

Complaint and denies any wrongdoing or im proper conduct in connection with the

challenged practice in the case.

The Commission and Defendant desire to resolve this disputed claims in theaction

without the time, cost and uncertainty of continued litigation, and they desire to formulate a

plan to be embodied in a Decree which will prom ote and effectuate the purposes of Title VII.
The Court has examined this Decree and finds that it is reasonable and just and in accordance with the Federal Rules of Civil Procedure and Title VII. Therefore, upon due consideration of the record herein and being fully advised in the premises, it is ORDERED, ADJUDGED AND DECREED:
Scope of Decree 1. This Decree resolves all issues and claims alleged in the Complaint filed by the Commission in this Title VII action which emanated from the Charge of Discrimination filed by Nishant Paul. 2. This Decree shall be in effect for a period of one year from the date it is entered by the Court [“Term”]. During the Term, this Court shall retain jurisdiction over this matter and the parties for purposes of enfor cing compliance with the Decree, including issuing such orders as may be required to effectuate the purposes of the Decree. 3. This Decree, being entered with t he consent of the EEOC and Defendant, shall not constitute an adjudication or finding on the merits of the case.
Relief to Nishant Paul 4. Within 30 calendar days of entry of thisdecree, Defendant shall pay relief in the total amount of $40,000. The check shall be made out jointly to Nishant Paul and his private counsel, Hassan M. Ahmad, and will be sentdirectly to Mr. Ahmad. A photocopy of the check and related correspondence will be mailedto the EEOC, Baltimore District Office, 10 S. Howard Street, 3rd Floor, Baltimore, Maryland 21201. Defendant will issue Mr. Paul a United States Internal Revenue Service 1099 Form for the amount paid.
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Injunctive Relief
5. Subject to the terms of ¶8 hereinbelow, Defendant is hereby, from this day
forward, enjoined from subjecting any employ ee to a racially and ethnically hostile and
offensive environment, in violation of Section 703(a) of Title VII of the Civil Rights Act of
1964, as amended, 42 U.S.C. Section 2000e-2(a), which, in part, is forth below:
It shall be an unlawful employment practice for an employer -(1) to discriminate against any individual with respect to his . . . terms, conditions, or privileges of employment, because of such individual’s race . . . or national origin.
42 U.S.C. § 2000e-2(1). Defendant is further enjoined from retaliating against any
employee of Defendant who comp lains of discrimination, as set forth in the following
provision:
It shall be an unlawful employment practicefor an employer to discriminate against any of his employees . . . because hehas opposed any practice made an unlawful employment practice by this subchapt er, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.
42 U.S.C. § 2000e-3(a). It is understood and agreed that this injunction shall not apply to
conduct occurring prior to date upon which this Consent Decree was entered by the Court
or conduct occurring after the Term. 6. Within 90 days from the date of entryof the Decree (or such later date as may
be required and approved by the EEOC, wh ich approval shall not be unreasonably
withheld, due to scheduling issues outside of Defendant’s control), all Defendant
employees shall be required to attend a training program lasting at least two hours for
managers and at least one hour for non-managerial employees. The training shall cover
the prevention of employ ment discrimination and co mpliance with federal anti-
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discrimination laws, and shall be conducted byan outside consultant or law firm approved by the EEOC, which approval shall not be unreasonably withheld. The training session shall be videotaped (the “Training Videotape”). Within ten business days of providing the training session, Defendant will furnish EEOC with a signed attendance list, the date and duration of the training, an agendaof the training conducted (whichshall include but not be limited to the prohibition of di scrimination on the basis of national origin and race and retaliation for complaining about discriminatory treatment), and a certification of completion of the mandatory training. For the Term of this Decree, Defendant shall require each newly hired officer, manager, supervisor and employ ee to view the Training Videotape prior to commencement of work for Defendant. Defendant shall maintain an ongoing attendance log which records the signature of each new hire, certifying that the Training Videotape was reviewed. Upon written request by the EEOC, Defendant will send a copy of the Training Videotape attendance log to the EEOC.
7. Upon approval of this Decree, Defendant will post immediately in all places where notices are customarily posted for the employees, the No tice attached hereto as Exhibit A and made a part hereof. Said Noticeshall be posted and maintained for a period of one year from the date of posting and sha ll be signed by a responsible official of Defendant with the date of ac tual posting shown thereon. Should the Notice become defaced, marred, or otherwise made unreadable, Defendant willensure that new readable copies of the Notice are post ed in the same manner as heret ofore specified. Within 30 days of approval of this Decree,Defendant shall forward to the EEOC’s attorney of record a copy of the signed Notice attached hereto and written certification that the Notice referenced herein has been posted and a statementthat the Notice has been posted in all
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places where notices are customarily posted for the employees. 8. In the event that the EEOC believesthat Defendant has failed to comply with
any provision(s) of this decree, it shall notify Defendant, in writing, and afford Defendant 30 business days after service of such notice to remedy the alleged noncompliance before seeking judicial enforcement of this decree . In addition, with respect to ¶5, in no event shall Defendant be deemed to have violated the injunction set forth in ¶5 of this Consent Decree unless the EEOC proves by clear and convincing evidence, at an evidentiary hearing, that during the Term,Defendant committed the prohibited conduct enjoined by ¶ 5 herein in violation of Title VII.
9. The Commission and Defendant shall bear their own costs and attorneys’ fees. 10. It is expressly agreed that this ConsentDecree was entered into for settlement purposes only to resolve a disputed claim andhtat nothing herein, including its existence, shall be used, admissible or construed to be admissible for any purpose whatsoever by any person, excepting only the EEOC in the above-captioned matter. 11. The undersigned counsel of record in the above-captioned action hereby consent, on behalf of their respective clients,to the entry of the foregoing Consent Decree.

FOR DEFENDANT:

FOR

PLAINTIFF:

/s/

Vicki L. Dexter (Bar No. 01933)

Signed for by Maria Salacuse by permission

of Vicki L. Dexter

Irwin Green & Dexter, LLP

301 W. Pennsylvania Avenue

Towson, MD 21204

Supervisory

(410) 832-0111

/s/ Gerald S. Kiel Regional Attorney
/s/ Debra M. Lawrence
Trial Attorney

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_________ Baltimore,

/s/________________ Maria Salacuse (Bar No. 15562) Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Baltimore District Office 10 S. Howard Street, 3rd Floor
Maryland 21201 (410) 962-4341

SO ORDERED.

Signed and entered this day of

, 2005.

Roger W. Titus United States District Court Judge

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CASREF, CLOSED, MAG-S
U.S. District Court District of Maryland (Greenbelt) CIVIL DOCKET FOR CASE #: 8:04-cv-03130-RWT

Equal Employment Opportunity Commission v. Imported Cars of Date Filed: 09/30/2004

Maryland, Inc.

Date Terminated: 06/21/2005

Assigned to: Judge Roger W Titus

Jury Demand: Plaintiff

Referred to: Magistrate Judge Charles B. Day (Settlement)

Nature of Suit: 442 Civil Rights: Jobs

Cause: 42:2000 Job Discrimination (Race)

Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by 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 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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 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

Maria Luisa Morocco US Equal Employment Opportunity Commission City Crescent Bldg

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V.
Defendant
Imported Cars of Maryland, Inc. doing business as College Park Honda

10 S Howard St Third Fl Baltimore, MD 21201 14102092730 Fax: 14109624270 Email: maria.morocco@eeoc.gov ATTORNEY TO BE NOTICED
Maria Salacuse U S Equal Employment Opportunity Commission Baltimore Field Office 10 S. Howard Street, 3rd Floor Baltimore, MD 21201 14102092733 Fax: 14109624341 Email: maria.salacuse@eeoc.gov ATTORNEY TO BE NOTICED
represented by Vicki L Dexter Irwin Green and Dexter LLP 301 W Pennsylvania Ave Towson, MD 21204 14108320111 Fax: 14108325544 Email: vdexter@igdlaw.com ATTORNEY TO BE NOTICED

Date Filed 09/30/2004 09/30/2004 10/01/2004 12/09/2004 12/22/2004

#

Docket Text

1 COMPLAINT against Imported Cars of Maryland, Inc. , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(nrm, Deputy Clerk) (Entered: 10/01/2004)
JURY TRIAL DEMAND by Equal Employment Opportunity Commission. (nrm, Deputy Clerk) (Entered: 10/01/2004)
2 Summons Issued (20 days) as to Imported Cars of Maryland, Inc.. (nrm, Deputy Clerk) (Entered: 10/01/2004)
3 SUMMONS Returned Executed by Equal Employment Opportunity Commission. Imported Cars of Maryland, Inc. served on 12/2/2004, answer due 12/22/2004. (Salacuse, Maria) (Entered: 12/09/2004)
4 MOTION for Extension of Time to File Answer to Complaint by Imported Cars of Maryland, Inc.. Responses due by 1/8/2005 (Dexter, Vicki) (Entered: 12/22/2004)

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12/22/2004 01/03/2005
01/03/2005 01/12/2005 01/12/2005
01/13/2005 01/13/2005 01/14/2005 01/19/2005 01/20/2005 02/14/2005 02/17/2005 04/21/2005
04/25/2005 05/19/2005

5 CERTIFICATE OF SERVICE by Imported Cars of Maryland, Inc. Service on Gerald S. Kiel, EEOC (Dexter, Vicki) Modified on 1/13/2005 (elt, Deputy Clerk). (file in error by attorney - link disabled) (Entered: 12/22/2004)
6 ORDER granting 4 Motion for Extension of Time to Answer Imported Cars of Maryland, Inc. answer due 1/12/2005.. Signed by Judge Deborah K. Chasanow for Roger W. Titus on 12/30/2004. (c/m 1/3/05) (elt, Deputy Clerk) (Entered: 01/03/2005)
7 Correspondence re: CM/ECF registration (elt, Deputy Clerk) (Entered: 01/03/2005)
8 ANSWER to Complaint by Imported Cars of Maryland, Inc..(Dexter, Vicki) (Entered: 01/12/2005)
9 CERTIFICATE OF SERVICE by Imported Cars of Maryland, Inc. of Answer to Complaint to Gerald S. Kiel, U. S. EEOC (Dexter, Vicki) Modified on 1/13/2005 (elt, Deputy Clerk). (filed in error by attorney - link disabled) (Entered: 01/12/2005)
10 SCHEDULING ORDER: Status Report due by 5/27/2005. Signed by Judge Roger W Titus on 01/12/2005. (c/m 1/13/05)(elt, Deputy Clerk) (Entered: 01/13/2005)
11 Correspondence re: ECF filed in error letter (c/m 1/13/05) (elt, Deputy Clerk) (Entered: 01/13/2005)
12 STATUS REPORT /Joint Report by Equal Employment Opportunity Commission. (Salacuse, Maria) (Entered: 01/14/2005)
13 ORDER REFERRING CASE to Magistrate Judge Charles B. Day for Settlement or other ADR conference. Signed by Judge Roger W Titus on 1/19/2005. (lad3, Deputy Clerk) (Entered: 01/19/2005)
14 Local Rule 103.3 Disclosure of Corporate Interest by Imported Cars of Maryland, Inc.. Responses due by 2/6/2005 (Dexter, Vicki) Modified on 1/21/2005 (elt, Deputy Clerk). (Entered: 01/20/2005)
15 Correspondence re: scheduling settlement conference. Reply required. (bab, Chambers) (Entered: 02/14/2005)
16 ORDER "ADVISING" counsel that a Settlement Conference has been scheduled. Signed by Judge Charles B. Day on 2/17/05. (rank, Deputy Clerk) (Entered: 02/18/2005)
17 ORDER DISMISSING case with each party to bear its own costs otherwise agreed without prejudice to the right of a party to move for good cause within 30 days to reopen this action if settlement is not consummated. Signed by Judge Roger W Titus on 4/21/2005. (c/m 4/21/05)(elt, Deputy Clerk) (Entered: 04/21/2005)
Settlement Conference held on 4/20/2005 before Judge Charles B. Day. (bab, Chambers) (Entered: 04/25/2005)
18 ORDER that plaintiff's request to extend the deadline in the Court's April 21, 2005 Settlement Order is GRANTED; and it is further ORDERED, that the

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06/17/2005 06/21/2005

deadline in the Settlement Order is extended until June 20, 2005. Signed by Judge Roger W Titus on 5/19/2005. (c/m 5/19/05)(elt, Deputy Clerk) (Entered: 05/19/2005)
19 SETTLEMENT AGREEMENT /Consent Decree by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Notice to Employees)(Salacuse, Maria) (Entered: 06/17/2005)
20 ORDER granting 19 Settlement Agreement filed by Equal Employment Opportunity Commission,. Signed by Judge Roger W Titus on 06/20/2005. (c/m 6/21/05)(elt, Deputy Clerk) (Entered: 06/21/2005)

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