UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
NORTHERN DIVISION

EQUAL EMPLOYMENTOPPORTUNITY

COMMISSION,

Baltimore District Office

.>

10 S. Howard Street, 3~ Floor

.}

Baltimore, Maryland 21201

i

Plaintit"f,

v.
DOURON, INC. 30 New Plant Court Owings Mills, MD 21117
Defendant

JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under the Age Discrimination

in Employment

Act to correct unlawful employment practices on the basis of age

and to provide appropriate relief to Stephen Weiner. The

Commission alleges that in October 2004, Mr. Weiner, age 52, was

not selected as comptroller,

a position for which Defendant

Douron's Executive Vice President told him that he was qualified.

When interviewed, Mr. Weiner was told by Defendant Douron's

Executive Vice President that he looked to be in his 50's and

Douron needed someone who could be with the company for a long

time. The Commission alleges that Mr Weiner's non-selectiOrtfo~

the position of comptroller was based on his age

~ISDICTION

AND VENUE

1. Jurisdiction

of this Court is invoked pursuant to 28

u.s.c. §§ 451, 1331, 1.337, 1343 and 1345. This action is

authorized and instituted

pursuant to Section 7(b) of the Age

Discrimination

in Employment Act of 1967, as amended, 29 U.S.C.

§ 626(b) (the "ADEA" which incorporates by reference Sections

16(c) and 17 of the Fair Labor Standards Act of 1918: (the

"FLSA" , as amended, 29 U. S.c . §§ 216(C} and 211~ 2. The employment practices alleged to be unlawful

were

committed within the jurisdiction

of the United States District

Court for the District of Maryland

PARTIES

3

Plaintiff,

(the "Commission"),

the Equal Employment Opportunity Commission is the agency of the United States of America

charged with the administration,

interpretation,

and enforcement

of the ADEA and is expressly authorized to bring this action by

Section 1(b) qf the ADEA, 29 U.$.C. I 626 (b);, as amended by

Section 2 of Reorganization Plan No.1 of 1918, 92 Stat. 3781,

and by Public Law 98-532 (1984), 98 Stat 2705.

4 A~ all relevant times, Defendant DOuron, Inc.

("Defendant"), has continuously been a Maryland corporation doing

business in the State of Maryland and has continuously-! had at

least 20 employees

2

s. At all relevant times, Defendant has continuously been

an employer engaged in an industry affecting commerce within the

meaning of Sections 11(0), 630 (h) I (9) and (h}..

(9) and (h) of the ADEA, 29 U.S.C. II

CONCILIATION

6. Prior to institution

of this lawsuit, the Commission's

representatives

attempted to el~minate the unlawful employment

practices alleged below and to effect voluntary compliance with

the ADEA through informal methods of conciliation,

conference and

persuasion within the meaning of Section 7(b) of the ADEA, 29
u.s.c. § 626 (b) .

STATEMENTOF CLAIMS
7. Since at least October, 2004, Defendant has engaged in

unlawful employment practices at its Owings Mills, Maryland

store, in violation of Section 4(a} (1 of the Age Discrimination

in Employment Act of 1.967, as amended, 29 U.S.C. § 623(a) 1 (the "ADEA" 29 U. S..C .I 623. The practices include rejecting Stephen

Weiner, then age 52, for the position of comptroller because of

his age and hiring a younger, less qualified applicant.

8. Tbeeffect

of the practices complained of in paragraph

7 above has been to deprive Stephen Weiner of equal employment

~portunities

and otherwise adversely affect his status as an

employee because of his

3

9. The unlawful employment practices complained of in

paragraph 7 above were willful

within the meaning of Section 7(:1:))

of the ADEA, ~.9 u.s.c. i 626(b)

PRAYER FOR RELIEF

Wherefore, the Commission respectfully

requests that this

Court

A. Grant a permanent injunction enjoining Defendant, its

officers,

successors, assigns and all persons in active concert

or participation

witb it, from engaging in terminating its older

workers and any other employment practice which discriminates

on

the basis of age against individuals 40 years of age and older.

9..

Order Defendant to institute

and carry out policies

practices and programs which provide equal employment

opportunities

for individuals 40 years of age and older, and

which eradicate the effects of its past and present unlawful

employment practices.
c. Grant a judgment requiring

Defendant to pay appropriate

back wages in an amount to be determined at trial, an equal sum

as liquidated damages, and prejudgment interest to Stephen

Weiner whose wages are being unlawfully withheld as a result of

the acts complained of above

D. Order Defendant to make whole Stephen Weiner, whose

wages are being unlawfully withheld as a result of the acts

complained of abOve, by restraining

the continued withholding of

~

amounts owing as back wages with prejudgment interest, in amounts

to be determined at trial
E. Order Defendant to make whole Stephen Weiner, by

providing the affirmative

relief necessary to eradicate the

effects of its unlawful practices, including but not limited to his rightful place reinstatement and/or front pay
F Grant such further relief as the Court deems necessary

and proper in the public interest G. Award the Commission its costs of this action

JURY TRIAL DEMAND The Commission requests a jury trial on all questions of

fact raised by its complaint

Respectfully submitted,

JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

5

Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

Baltimore District

Office

10 S. Howard Street, 3rd Floor

Baltimore,

Maryland 21201

(410) 962-4220

6

 
 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
NORTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Baltimore Field Office 10 S. Howard Street, 3rd Floor Baltimore, Maryland 21201
Plaintiff,
v.
DOURON, INC. 30 New Plant Court Owings Mills, MD 21117
Defendant.

) ) ) ) ) ) ) ) )
) CIVIL ACTION NO. 05-CV-2553-AMD
)
) Judge Andre Davis
) ) ) ) ) )

CONSENT DECREE On September 15, 2005, the United States Equal Employment Opportunity Commission ("EEOC" or "Commission") filed this action in order to remedy violations of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §621 et seq. ("ADEA") . In the Complaint, the Commission alleged that in October 2004 Defendant violated the ADEA when it did not select Mr. Weiner for the company's comptroller position because of Mr. Weiner's age, 52. The parties have agreed that in order to avoid protracted legal proceedings and the costs of litigation, this case should
1

be resolved without further litigation and there should be no evidentiary hearing, trial, or other adjudication on the merits.
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 the ADEA. 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 of the issues raised by EEOC Charge No. 120-2005-01725, and the Complaint in this litigation numbered Civil Action 05-2553. 2. The parties agree that this Court has jurisdiction of the subject matter of this action and of the parties, that venue is proper, and that all administrative and statutory prerequisites have been met. 3. No party shall contest the jurisdiction of this Court to enforce this Decree and its terms or right of any party to bring an enforcement suit upon breach of any of the terms of this Decree by any other party. Breach of any term of this Decree should be deemed to a substantive breach of this Decree. Nothing in this Decree shall be construed to preclude either party from bringing proceedings to enforce this Decree in the event that a party fails to perform any of the promises and representations contained herein.
2

4. Defendant, Douron, Inc., d/b/a Douron Corporate Furniture,

its agents and employees,

successors

in interest

in the

ownership and operation of Douron, Inc. are presently enjoined

from discriminating against any applicant for employment on the

basis of age. 5. Upon approval of this Decree, Defendant will post

immediately in conspicuous places in and about its corporate

headquarters, including all places where notices to applicants

and employees are customarily posted, the EEOC poster attached

hereto as Exhibit "A", and the Notice attached hereto as Exhibit "B" and made a part hereof. Said Notice attached hereto as

Exhibit "B" shall be posted and maintained for the life of this

agreement and shall be signed by a responsible official of Defendant with the date of actual posting shown thereon. Should

the Notices become defaced, marred, or otherwise made

unreadable, Defendant will ensure that new readable copies of

the Notices are posted in the same manner as heretofore

specified. Within thirty (30) days of the approval of this

Decree, Defendant shall forward to the attorney of record at the

Baltimore Field Office a copy of the signed Notice attached hereto as Exhibit "B" and written certification that the Notices

referenced herein have been posted and a statement of the

locations and date of posting. 3

6. Within 10 days of the execution of this Decree, Defendant shall pay Stephen Weiner thirty thousand dollars ($30,000.00) as damages and issue a Form 1099 to him as required by law. The amount shall be paid by check to the order of Stephen Weiner and mailed by u.S. Certified mail to Mr. Weiner's address to be supplied by the Commission. 7. Defendant agrees to provide ADEA training to its managers and officers at its current corporate headquarters in the form of a detailed Power Point presentation that will explain what constitutes age discrimination, identify practices and decisions that are prohibited by the ADEA, and describe the process by which applicants and employees can raise and proceed with ADEA claims. Managers and officers will be required to sign a list confirming their receipt and review of this training presentation, as well as the opportunity to raise and resolve any questions they may have in regard to the content of the same. The EEOC shall be provided with documentation confirming that the foregoing terms have been complied with by the Company. The training shall take place within thirty days after approval of this Consent Decree. 8. This Decree shall be for a period of three years. 9. The Commission and Defendant shall bear their own costs and attorneys' fees.
4

FOR DEFENDANT:
BlW'CE S :7HA~ISON, ESQ. SffAWE ROSENTHAL LLP 20 S. Charles Street 11 th Floor Baltimore, MD 21201 (410) 752-1040
The Clerk shall CLOSE THIS CASE subject to the Court's continuing jurisdiction to enforce this Decree. /s/Andre M. Davis
United States District Judge
SO ORDERED.

FOR PLAINTIFF:
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
/s/ JACQUELINE MCNAIR Regional Attorney
/s/ DEBRA M. LAWRENCE Supervisory Trial Attorney
/s/ REGINA M. ANDREW Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Baltimore Field Office 10 S. Howard Street, 3rd Flr. Baltimore, MD 21201 (410) 962-4220

Signed and entered this

7th day of June

2006.

/s/ Judge Andre Davis United States District Court Judge
5

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

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?108899127338505-L_3...

U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:05-cv-02553-AMD

CLOSED

EEOC v. Douron, Inc. Assigned to: Judge Andre M Davis Cause: 29:621 Job Discrimination (Age) Plaintiff EEOC
V.

Date Filed: 09/14/2005 Date Terminated: 06/07/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Regina Maria Andrew Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624220 Fax: 14109624270 Email: regina.andrew@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
Gerald S Kiel US Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624207 Fax: 14109624270 Email: gerald.kiel@eeoc.gov ATTORNEY TO BE NOTICED

1 of 2

5/7/2007 1:36 PM

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

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?108899127338505-L_3...

Defendant Douron, Inc.

represented by Traci Burch Shawe and Rosenthal LLP Sun Life Bldg 20 S Charles St 11th Fl Baltimore, MD 21201 14107521040 Fax: 14107528861 Email: burch@shawe.com ATTORNEY TO BE NOTICED

Date Filed 09/14/2005 09/14/2005 09/15/2005 10/20/2005 10/24/2005 06/07/2006 06/07/2006

#

Docket Text

1 COMPLAINT against Douron, Inc. , filed by EEOC. (Attachments: # 1 Civil Cover Sheet)(apl, Deputy Clerk) (Entered: 09/15/2005)
Jury Trial Demand by EEOC. (apl, Deputy Clerk) (Entered: 09/15/2005)
2 NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS by EEOC (apl, Deputy Clerk). (Entered: 09/15/2005)
3 WAIVER OF SERVICE Returned Executed by EEOC. Douron, Inc. waiver sent on 10/17/2005, answer due 12/16/2005. (Andrew, Regina) (Entered: 10/20/2005)
4 ANSWER to Complaint by Douron, Inc..(Burch, Traci) (Entered: 10/24/2005)
5 SETTLEMENT AGREEMENT Consent Decree by EEOC. (Attachments: # 1 Exhibit "A"# 2 Exhibit "B")(Andrew, Regina) (Entered: 06/07/2006)
6 CONSENT DECREE and approval. Signed by Judge Andre M Davis on 6/7/06. (jlb, Deputy Clerk) (Entered: 06/08/2006)

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