IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND NORTHERN DIVISION

U.S. EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

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10 S. Howard Street, 3rd Floor

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Baltimore, MD 21201

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Plaintiff,

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v.

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EARTHDATA INTERNATIONAL, INC.,

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7320 Executive Way

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Frederick, MD 21704

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Defendant.

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CCB06CV2173
Civil Action No.

COMPLAINT

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NATURE OF THE ACTION The U.S. Equal Employment Opportunity Commission ("Plaintiff," "the EEOC," or "the Commission") brings this action under the Equal Pay Act of 1963 ("the EPA"), Section 15(a)(3) of the Fair Labor Standards Act ("the FLSA"), Title VII of the Civil Rights Act of 1964 ("Title VII"), and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices committed by EarthData International Inc., formerly known as EarthData Holdings, Inc. ("Defendant" or "Earthdata"), and to provide relief to Irma Grimm, Defendant's former Group Human Resources Director. As alleged with greater specificity below, Plaintiff alleges that Defendant has engaged in sex discrimination by paying Ms. Grimm lower wages than her male successor.

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,1331,1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 17 of the FLSA, as amended, 29 U.S.C. § 217, to enforce the requirements of the EPA; Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3); and Section 102 of the Civil Rights Act of 1991, 42 U.S.c. § 1981A. 2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the District of Maryland, Northern Division.
PARTIE~
3. Plaintiff is the agency of the United States of America charged with the administration, interpretation and enforcement of, inter alia, the EPA and Title VII.
4. At all relevant times, Defendant has continuously been a Maryland corporation doing business in the State of Maryland and the City of Frederick, and has continuously had at least 15 employees.
5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
6. At all relevant times, Defendant has acted directly or indirectly as an employer in relation to employees and has continuously been an employer within the meaning of Section 3(d) of the FLSA, 29 U.S.c. § 203(d).
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7. At all relevant times, Defendant has continuously employed employees engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(b), (i)
and G) of the FLSA, 29 U.S.C. §§ 203(b), (i) and G) or has continuously been an enterprise
engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(r) and (s) of the FLSA, 29 U.S.C. § 203(r), (s), in that said enterprise has continuously been an enterprise whose annual gross volume of sales made or business done is not less than $500,000.
STATEMENT OF TITLE VII CLAIMS AGAINST DEFENDANT 8. More than thirty days prior to the institution of this lawsuit, Irma Grimm filed a charge with the Commission alleging violations of Title VII and the EPA by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least December 27,2003, Defendant has engaged in unlawful employment practices in violation of Section 703(a)(1) of Title VII, 42 U.S.c. § 2000e-2(a)(1). These practices include paying Irma Grimm lower compensation than that paid to her male successor who performed substantially equal work. 10. The effect of the practices complained of in paragraph 9, above, has been to deprive Ms. Grimm of equal employment opportunities and otherwise adversely affect her employee status because of her gender.
11. The unlawful employment practices complained of in paragraph 9, above, were
intentional. 12. The unlawful employment practices complained of in paragraph 9, above, were
done with malice or reckless indifference to the federally protected rights of Ms. Grimm.
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STATEMENT OF EPA CLAIM AGAINST DEFENDANT 13. Since at least August 21, 2003, Defendant has violated Sections 6(d)(1) and 15(a)(2) of the FLSA, 29 U.S.C. §§ 206(d)(1) and 215(a)(2), by paying lower wages to Irma Grimm than those paid to her male successor in the same establishment for substantially equal work onjobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. 14. As a result of the acts complained of above, Defendant unlawfully has withheld and is continuing to withhold the payment of wages due to Irma Grimm. 15. The unlawful employment practices complained above in paragraph 13 were willful.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant EarthData, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in employment practices regarding pay and promotions that discriminate on the basis of gender in violation of Section 703(a)(1) of Title VII, 42 U.S.C. Section 2000e-2(a), and Sections 6(d)(1) and 15(a)(2) of the FLSA, 29 U.S.c. §§ 206(d)(1) and 215(a)(2). B. Order Defendant EarthData to institute and carry out policies, practices and programs which provide equal employment opportunities for female employees with regard to pay and promotions and which eradicate the effects of Defendant's past and present unlawful employment practices.
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C. Order Defendant EarthData to make whole Irma Grimm by providing appropriate

back pay with prejudgment interest in amounts to be determined at trial, and by providing her any

other affirmative relief necessary to eradicate the effects of Defendant's unlawful employment

practices.

D. Order Defendant EarthData to pay Irma Grimm punitive damages for its malicious

and reckless conduct described in paragraph 9 above, in amounts to be determined at trial.

E. Order Defendant EarthData to make whole Irma Grimm by providing

compensation for pecuniary losses.

F. Order Defendant EarthData to make whole Irma Grimm by providing

compensation for non-pecuniary losses, including emotional pain, suffering, mental anguish,

embarrassment, and humiliation, in amounts to be proven at trial.

G. Grant a judgment under the EPA requiring Defendant EarthData to pay

appropriate back wages in amounts to be determined at trial, and an equal sum as liquidated

damages or prejudgment interest in lieu thereof, to Inna Grimm, whose wages are being

unlawfully withheld as a result of the acts complained of above.

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

interest.

1.

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 in the Complaint.
Respectfully submitted, RONALD S. COOPER General Counsel JAMES L. LEE Deputy General Counsel
Supervisory Trial Attorney
7Z1tJu~
MARIA SALACUSE Senior Trial Attorney Federal Bar No. 15562 UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Baltimore Field Office 10 S. Howard Street 3rd Floor Baltimore, Maryland 21201 Phone: (410) 962-4341 Fax: (410) 962-4270
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 Case 1:06-cv-02173-CCB Document 11 Filed 03/14/2007 Pag e 1 of 5
FILED

:; . DIS rRlCT CaURl . TRICT OF MARYLANlJ

l~Ol MAR 2q A q: 51

UNlTED STATES DISTRlCT COURT FOR T HE DISTRI CT OF MARYLAND

R Vt

CLERK'S OFFICE AT [JA LTI HORE

NORTHERN DIVI SION

BY EQUAL E~WY~ENT OPPO RTUNITY
CO MMiSSioN , Plaintiff,
v. EARTHDATA INTERNATIONAL, INC.,
Defendant.

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Civil Action No. CCB-06-2173

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CONSENT DECREE

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

Commission (the "EEOC" or the "Commi ss ion"), against EarthData Intemationallnc.

(hereinafter "Defendant"), alleging that De fendant violated Section 703(a)(I) of Title VII of the

Civi l Rights Act of 1964, as amended ("Title VII "), 42 U.S.C. Section 2000c-2(a)( I) and

Sections 6(d)(I) (the "Equal Pay Act") and 15(a)(2) of the Fair Labor Standards Act ("FLSA"),

29 U.S.C. §§ 206(d)(I) and 215(a)(2), by paying Imm Grimm ("Charging Party") lower wages

than her male successor. De fendant has denied each and every allegation of wrongdoing.

The Commission and Defendant desire to reso lve thi s action without the time and

expense of continued litigation, and they desire to formulate a plan to be embodied in a Decree

which wi ll promote and effectuate the purposes of Title Vll and the Equal Pay Act.

The Court has examined thi s Decree and find s that it is reasonable and j ust and in

accordance with the Federal Rules of Civil Procedure, Title VII and the Equal Pay Act.

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Case 1:06-cv-02173-CCB Document 11 Filed 03/14/2007 Page 2 of 5
Therefore, upon due consideration of the record herein and being fully advised in the premises, it is ORDERED, ADJUDGED AND DECREED:
Scope of Decree I. This Decree resolves all issues and claims alleged in the Complaint fi led by the Commi ssion in this Title VII and Equa l Pay Act action which emanated from the Charge of Discrimination liIed by Charging Party. 2. This Decree shall be in effect for a period of ('wo years from the date it is entered by the Court. During that time, thi s Court shall retain jurisdiction over this matter and the parties for purposes of enforcing 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 the consent of the Commission and Defenda nt, sha ll not constitute an adjudication or finding on the merits of the case.
Relief to the Charging Party 4 . Defendant shall pay to the Charging Party the total amount of $25,000 in compensatory damages. This amount sha ll be paid in two eq ual installments, the first of which will be made within 10 business days of entry of this Decree and the second of which will be made on or before April 15, 2007. Payment shall be sent directly to the Charging Party, and a photocopy of the checks and related correspondence will be mailed to the Commi ssion ' s counsel of record. Defendant will issue the Charging Pa.ty a United States Internal Revenue Se.vice ("IRS") Fon1l 1099 in cOlmection with the amount paid.
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Case 1:06-cv-02173-CCB Document 11 Filed 03/14/2007 Page 3 of 5
Injunctive Relief
5. Defendant, its officers, agents, servants, employees and all persons acting or
c laiming to act in its behalf and interest hereby agree to comply with the provisions of Title VI!
and agree in this Decree to be enjoined, and are enjoined, from di scriminating on the basis of
sex. Such sex-based discrimination vio lates Title VII , which, in part, is set forth below:
It shall be an unlawful employment practice for an employer-(I) to fail or refuse to hire ... or otherwise to discriminate aga inst any indi vidual with respect to [her) ... terms, conditions, or privileges of empl oyment, because of such individual 's ... sex ...
42 U.S.C. § 2000e-2(a).
6. Defendant, its officers, agents, servants, empl oyees and all persons acting or
claiming to act in its behalf and interest hereby agree to comply with the provisions of the Equal
Pay Act and agree in this Decree to be enjoi ned, and are enjoined, from discriminating on the
basis of sex. Such sex-based discrimination violates the Equal Pay Act, which, in part, is set
forth below:
No employer . . . shall discrim inate, within any establishment in which such empl oyees are employed between employees on the basis of sex by paying wages to employees in such establishment at a rate less than tile rate at which he pays wage to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skills, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniori ty system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex .
29 U.S.C. § 206(d)(I).
7. Defendant sha ll continue to provide training for managers and non-managerial
employees. The training shall cover the prevention o f employment discrimination and
compliance with federal anti-discrimination laws, with a particular emphasis on the prohibition
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Case 1:06-cv-02173-CCB Document 11 Filed 03/14/2007 Page 4 of 5
against sex-based wage disparities. For the duration of the Decree, Defcndant shall provide this same training to all newly hired officers, managers, supervisors and employees. Wi thin ten business days of provid ing each such training session, Defendant will furnish the Commi ssion with a signed attendance list, the date and duration of the training, and an outline of the tra ining conducted.
8. Upon approval of this Decree, Defendant will post immediately in all places where notices are customarily posted for the employees the Notice attached hereto as Exhibit A and made a part hereof. Said Notice shall be posted and maintained for the duration of the Decree and shall be signed by a responsible official of Defendant with the date of actual posting shown thereon. Should the Notice become defac ed, 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 30 days of approva l of this Decree, Defendant shall forward to the Commission's attorney of record a copy of the signed No tice attached hereto and written certification that the Notice referenced herein has been posted and a statement of the location(s) and date of posting.
9. The Commi ssion and Defendant shall bear their own costs and attorneys ' fees.
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Case 1:06-cv-02173-CCB Document 11 Filed 03/14/2007 Page 5 of 5

10. The undersigned counsel of record in the above-captioned action hereby consent to the entry of the forego ing Consent Decree.

FOR DEFENDANT:
Gary B. Eidelman (Bar No. 04580)
Devin 1. Doolan, Jr. (Bar No. 15970) (signed by Maria Salacuse wi pernli ssion of Devin J. Doolan & Gary B. Eidelman)
Sau l Ewing LLP 500 East Pratt Street Baltimore, MD 21202

FOR PLAINTIFF:
Is/
Jacque line McNair Regional Attorney
(s igned by Maria Salacuse wi pernlission of
Jacqueline McNair)
/sl Debra M. Lawrence (signed by Maria Salacuse wi pennission of Jacqueline McNair) Supervisory Trial Attorney
/s/ Maria Sa lac use Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY CO MMISSION Baltimore Field Office lOS. Howard Street, 3d Floor Baltimore, MD 21201

SO ORDERED, ADJUDGED, AND DECREED

~ cl"--,,, Signed this $ ,y of

,2007.

Catherine C. Blake, Uni ted States District Court Judge

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Case 1:06-cv-02173-CCB Document 11-2 Filed 03/14/2007 PaQe 1 of 1 Attachment A

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

This Notice is being posted as part ofan agreement between the Equal Employment Opportunity Commission ("EEOC") and EarthData International, Inc. ("EarthData") which outlines EarthData obligations under the Eq ual Pay Act of
1963, as amended, ("EPA"), and Title vn of the
Civil Rights Act of 1964, as amended.
Title VlT prohibits employment discrimination based on sex (including pregnancy), race, color, national onglll, or religion. Unlawful discrimination can take the form of harassment based on one of these protected categories.
The EPA prohibits the payment of disparate wages to employees of the oppos ite sex for equal work on jobs the performance of which requires equal skills, effort, and responsibility, and which are perfonlled under similar working conditions.
Title VII and the EPA also prohibit retaliation against individuals who have complained of or opposed discrimination.
Therefore, in accordance with the applicable law:
EARTHDATA WILL NOT engage in any acts or practices made unlawful under Title VII or the EPA.

EarthData's policy provides th at persons who believe that they have been subjected to unlawful discrimination may report it to a supervisor, manager, Director of Human Resources, or any other executive management person. EarthData will thoroughly in vestigate all such complaints with due regard for the privacy of the individuals involved. Any employee who knowingly retali ates against an employee who has complained ofdiscrimination shall be subj ect to immediate discipl inary action, up to and including discharge.
If you have a complaint of employment di scrimination or questions regarding laws prohibiting emp loyment discrimination, you may seek assistance from the EEOC by visiting the EEOC ' s Baltimore Field Office at 10 South Howard Street, 3'd Floor, Balti more, Maryland 21201 or by calling 1-800-669-4000. General infornlation may also be obtained on the internet at www.eeoc.gov.
Bryan Logan, Chief Executive Officer EarthData International, Inc.

Dale Posted :

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

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CASREF, CLOSED
U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:06-cv-02173-CCB

U.S. EEOC v. Earthdata International, Inc. Assigned to: Judge Catherine C. Blake Referred to: Magistrate Judge Susan K. Gauvey (Settlement) Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 08/22/2006 Date Terminated: 03/29/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff U.S. EEOC

represented by 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 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

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

V.

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Defendant Earthdata International, Inc.

represented by Gary B Eidelman Saul Ewing LLP Lockwood Pl 500 E Pratt St Ste 800 Baltimore, MD 21202 14103328600 Fax: 14103328976 Email: geidelman@saul.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Devin John Doolan, Jr Saul Ewing LLP Lockwood Place 500 E Pratt St Eighth Fl Baltimore, MD 21202-3171 14103328664 Fax: 14103328095 Email: ddoolan@saul.com ATTORNEY TO BE NOTICED

Date Filed 08/22/2006 08/22/2006 08/23/2006 08/23/2006 09/15/2006
10/27/2006 11/03/2006 11/03/2006 11/28/2006

#

Docket Text

1 COMPLAINT against Earthdata International, Inc., filed by U.S. EEOC. (Attachments: # 1 Civil Cover Sheet)(ljs, Deputy Clerk) (Entered: 08/23/2006)
Jury Trial Demand by U.S. EEOC. (ljs, Deputy Clerk) (Entered: 08/23/2006)
2 Summons Issued 20 days as to Earthdata International, Inc.. (ljs, Deputy Clerk) (Entered: 08/23/2006)
3 NOTICE of Appearance by Jacqueline H McNair on behalf of U.S. EEOC (jlb, Deputy Clerk) (Entered: 08/23/2006)
4 WAIVER OF SERVICE Returned Executed by U.S. EEOC. Earthdata International, Inc. waiver sent on 9/12/2006, answer due 11/13/2006. (Salacuse, Maria) (Entered: 09/15/2006)
5 ANSWER to Complaint by Earthdata International, Inc..(Doolan, Devin) (Entered: 10/27/2006)
6 Miscellaneous Correspondence setting a conference call to discuss attached proposed schedule. (Blake, Catherine) (Entered: 11/03/2006)
7 NOTICE of Appearance by Gary B Eidelman on behalf of Earthdata International, Inc. (Eidelman, Gary) (Entered: 11/03/2006)
8 SCHEDULING ORDER:Status Report due by 4/23/2007.. Signed by Judge Catherine C. Blake on 11/28/06. (jlb, Deputy Clerk) (Entered: 11/28/2006)

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11/28/2006 12/01/2006 03/14/2007 03/29/2007

9 ORDER REFERRING CASE to Magistrate Judge Susan K. Gauvey for settlement conference. Signed by Judge Catherine C. Blake on 11/28/2006. (fk, Deputy Clerk) (Entered: 11/28/2006)
10 ORDER SCHEDULING Settlement Conference. Signed by Judge Susan K. Gauvey on 12/1/06. (Attachments: # 1 Mediation Article)(jlb, Deputy Clerk) (Entered: 12/04/2006)
11 SETTLEMENT AGREEMENT /Consent Decree by U.S. EEOC. (Attachments: # 1 Exhibit Notice)(Salacuse, Maria) (Entered: 03/14/2007)
12 CONSENT DECREE and approval. Signed by Judge Catherine C. Blake on 3/29/07. (jlb, Deputy Clerk) (Entered: 03/29/2007)

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