UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MARYLAND NORTHERN DIVISION

UNITED STATES

)

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

10 S. Howard Street

)

Third Floor

)

Baltimore, Maryland 21201

)

)

Plaintiff,

)

)

v.

)

)

Interstate Equities, Inc.

)

955 Dawson Drive

)

Suite 3

)

Newark, Delaware 19713

)

)

d/b/a Burger King

)

100 West Pulaski Highway

)

Elkton, Maryland 21921

)

)

Defendant.

)

______________________________)

Civil Action No. COMPLAINT
JURY TRIAL DEMAND

NATURE OF ACTION

This is an action under Title VII of the Civil Rights Act of

1964 (“Title VII”), as amended, 42 U.S.C. Section 2000e, et seq.

and Title I of the Civil Rights Act of 1991, 42 U.S.C. Section

1981A, to correct unlawful employment practices on the basis of

sex and engaging in protected activity and to make whole Linda

Truslow, who was subjected to a sexually hostile work environment

while she was employed by Defendant Interstate Equities, Inc., and

who was discharged by Defendant because she opposed the sexual

harassment.

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.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, 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, Northern Division.
PARTIES 3. Plaintiff, the United States Equal Employment Opportunity 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 Interstate Equities, Inc., has continuously been and is now a Delaware corporation doing business in Elkton, Maryland. 5. At all relevant times, Defendant Interstate Equities, Inc., has had at least fifteen employees. 6. At all relevant times, Defendant Interstate Equities, Inc., has continuously been an employer engaged in an industry affecting commerce under Section 701(b), (g), and (h) of Title
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VII, 42 U.S.C. Section 2000e-(b), (g), and (h). STATEMENT OF CLAIMS
7. More than thirty days prior to the institution of this lawsuit, Linda Truslow filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled.
8. Since at least August, 2002, Defendant Interstate Equities, Inc., has engaged in unlawful employment practices at its Burger King facility in Elkton, Maryland, in violation of Sections 703(a) and 704(a) of Title VII, 42 U.S.C. Sections 2000e2(a) and 2000e-3(a). The practices include the following:
a. Subjecting Linda Truslow to a hostile and offensive work environment by condoning the sexually harassing and discriminating behavior of Christy Bolado and Timothy Drain. Incidents of harassment committed by Bolado and condoned by Defendant include, but are not limited to, taunting Ms. Truslow with vulgar questions about her sexual relations with her husband, such as by asking her about the size of her husband’s penis and asking her to describe their sexual practices; engaging in vulgar conduct designed to humiliate Ms. Truslow, such as by simulating oral sex with a stack of plastic cup lids and asking Ms. Truslow whether that was how she “did it” to her husband; taunting Ms. Truslow about the size of her breasts and asking her to disclose her bra size; and engaging in grossly unwelcome touching, such as
3

by pulling open Ms. Truslow’s blouse and pulling up her bra to expose her breasts in public, after taunting her about the size of her breasts. Incidents of harassment committed by Drain and condoned by Defendant include, but are not limited to, grabbing Ms. Truslow’s buttocks and breasts; pulling Ms. Truslow close to him; teasing Ms. Truslow about her breasts; and making sexual overtures to Ms. Truslow.
b. Terminating Ms. Truslow’s employment because she opposed the sexual harassment.
9. The unlawful employment practices complained of above were intentional.
10. The unlawful employment practices complained of above were done with malice or with reckless indifference to the federally protected rights of Linda Truslow.
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 with it, from engaging in sexual harassment, and from engaging in retaliation against employees who oppose practices made unlawful by Title VII; B. Order Defendant to institute and carry out policies, practices, and programs which eradicate sexual harassment and
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retaliation, and prevent sexual harassment and retaliation from occurring in the future, and which eradicate the effects of past and present sexual harassment and retaliation;
C. Grant such further injunctive relief as the Court deems proper;
D. Order Defendant to make whole Linda Truslow 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 to make whole Linda Truslow by providing compensation for pecuniary and nonpecuniary losses, including emotional pain, suffering, anxiety, depression, embarrassment, degradation, and humiliation;
F. Order Defendant to pay to Linda Truslow punitive damages for its callous indifference to her federally protected right to be free from gender discrimination and retaliation;
G. Grant such further monetary relief as the Court deems proper; and
H. Award the Commission its costs in this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by the Complaint.
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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
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 10 S. Howard Street 3rd Floor Baltimore, Maryland 21201 Phone: (410) 962-4260 Fax: (410) 962-4270
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7

 
 UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MARYLAND NORTHERN DIVISION

UNITED STATES

)

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

10 S. Howard Street

)

Third Floor

)

Baltimore, Maryland 21201

)

)

Plaintiff,

)

)

v.

)

)

INTERSTATE EQUITIES, INC.

)

955 Dawson Drive

)

Suite 3

)

Newark, Delaware 19713

)

)

d/b/a Burger King

)

100 West Pulaski Highway

)

Elkton, Maryland 21921

)

)

Defendant.

)

____________________________________)

Civil Action No. AMD-03-CV-02783

CONSENT DECREE This action was instituted by Plaintiff, the U.S. Equal Employment Opportunity Commission (the "EEOC" or the "Commission"), against Defendant Interstate Equities, Inc., (“Defendant” or “Interstate”) alleging violations of Sections 703(a) and 704(a) of Title VII of the Civil Rights Act of 1964 (“Title VII”), as amended, 42 U.S.C. §§ 2000e-2(a), 2000e-3(a). The complaint alleges that certain employees at Interstate’s Burger King restaurant located at 100 West Pulaski Highway in Elkton, Maryland (“the Elkton Restaurant”), subjected former employee Linda Truslow to sexual harassment and fired her in retaliation for her complaints about the harassment. Defendant denies these allegations.

The Commission 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, to which Interstate is committed.
This Decree shall not constitute an adjudication on the merits of the Commission's case and shall not be construed as an admission by Defendant of any discriminatory practice or as a waiver by the Commission 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 and Title VII. 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 action which emanated from the Charge of Discrimination filed by Linda Truslow.
2. This Decree shall be in effect for a period of two years from the date it is entered by the Court.
3. Defendant, its officers, agents, servants, employees, successors, assigns, and all persons acting or claiming to act on its behalf, is hereby enjoined from sexually harassing, and condoning the sexual harassment of, any employee. The prohibited harassment includes the use of offensive or derogatory comments, or other verbal or physical conduct based on an individual’s sex, which creates an intimidating, hostile, or offensive working environment, or interferes with the individual’s work performance. Such sex-based harassment violates Title VII, which, in part, is set forth below:
2

It shall be an unlawful employment practice for an employer -(1) ... to discriminate against any individual with respect to [his or her] ... terms, conditions, or privileges of employment, because of such individual’s ... sex .... 42 U.S.C. § 2000e-2(a)(1). Defendant, its officers, agents, servants, employees, successors, assigns, and all persons acting or claiming to act on its behalf, is further enjoined from retaliating against any employee who complains of sexual harassment, as set forth in the following provision: It shall be an unlawful employment practice for an employer to discriminate against any of his employees ... because he has opposed any practice made an unlawful employment practice by this subchapter, 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). 4. Within thirty days after entry of this Decree, Defendant will pay Linda Truslow a total of $17,500. Defendant will issue to Ms. Truslow an IRS form 1099 for the 2004 tax year. 5. Within 120 days after the entry of this Decree, Defendant will provide at least one hour of training for all of its employees on preventing sexual harassment in the workplace. The training shall cover topics already agreed upon by the EEOC and Interstate. Within seven business days after the training has been completed, Defendant will provide certification to Commission counsel of record that such training has been provided, including the the date[s] and location[s] of the training, and the identities of the trainers and trainees. Upon the completion of the training described above, Defendant will immediately institute the practice of showing an orientation videotape or DVD that addresses the prevention of sexual harassment in the workplace to its new employees. 6. Defendants shall revise its harassment policy in the following manner: by
3

providing the name, address, and telephone number of an official in Defendant’s corporate offices who can serve as the recipient of harassment complaints, investigate these complaints, and recommend appropriate remedial action, if appropriate. This policy, once revised and approved as discussed below, will be distributed to all employees, both managerial and nonmanagerial, and shall be included in any relevant policies or employee manuals maintained Defendant. The policy will also be posted in a conspicuous and accessible place in all of Defendant’s work sites.
a. Within 30 days after entry of the Consent Decree, Defendant shall submit the revised policy to the Commission’s counsel of record for approval by the EEOC. EEOC will then notify Defendants within 14 days as to whether the policy is acceptable. In the event the proposed policy is not acceptable to the EEOC, the parties will confer in good faith and attempt to reach an agreement no later than 10 days after receiving the EEOC’s objection. In the event the parties are unable to reach an agreement they shall submit their dispute to the Court with a request for a referral to a United States Magistrate for mediation.
b. Within fifteen days after the revised policy has been approved by the EEOC, Defendants will provide certification to Commission’s counsel of record that the revised policy has been distributed and posted in the manner described above.
7. Within ten business days after entry of the Consent Decree, Defendant will post immediately in all places where notices to employees customarily are posted in the Elkton Restaurant, the Notice attached hereto and made a part hereof. Said Notice shall be posted and maintained for the life of the Consent Decree and shall be signed by a responsible management official with the date of actual posting shown thereon. Should the Notice become defaced,
4

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 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 statement of the locations and date(s) of posting.
8. Every six months following the entry of this Consent Decree, and continuing throughout the life of the Decree, Defendant will report in writing to the Commission’s counsel of record concerning the implementation of this Decree. The report will include the following information:
a) Copies of any formal or informal complaints of sexual harassment made by any employee, including but not limited to internal complaints, administrative charges, and lawsuits, and for every complaint, whether oral or written, the name of the complainant, and a detailed explanation of Defendant’s actions taken in response to the complaint, including any investigative and corrective measures taken.
b) The names of all new employees, organized by work site, who have viewed the sexual harassment orientation program described in paragraph 5.
Such reports do not have to contain any information covered by the attorney-client and attorney work-product privileges.
9. The Commission and Defendant shall bear their own costs and attorneys' fees. 10. The case shall be and hereby is dismissed with prejudice, subject to this Court’s jurisdiction to enforce provisions of this Consent Decree. 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.
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FOR DEFENDANT:

FOR PLAINTIFF:

/s/ Neal Serotte* Federal Bar No. 09833

/s/ Gerald S. Kiel* Regional Attorney

_______/s/_________________ Christopher M. Feldenzer* Federal Bar No. 22633

________/s/_______________ Debra M. Lawrence* Supervisory Trial Attorney

SEROTTE,, ROCKMAN & WESCOTT, P.A 409 Washington Ave. Suite 601 Baltimore, MD 21204 Phone: (410) 825-7900 Fax: (410) 825-7913

_______/s/__________________ Maria Luisa Morocco Trial Attorney Federal Bar No. 24357 Supervisory Trial Attorney
U.S EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Baltimore District Office 10 S. Howard Street, 3d Floor Baltimore, Maryland 21201 Phone: (410) 962-4260 Fax: (410) 962-4270

*Signed copy of the Consent Decree bearing the signatures of Neal Serotte, Christopher Feldenzer, Gerald Kiel, and Debra Lawrence is being maintained by Maria Morocco in the EEOC’s Baltimore District Office.

SO ORDERED. Signed and entered this 25th day of October

, 2004.

/s/ Andre M. Davis United States District Court Judge

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NOTICE TO EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND INTERSTATE EQUITIES, INC.
Under Section 703(a) of Title VII, it is unlawful for an employer to "discriminate against any individual with respect to his [or her]... terms, conditions, or privileges of employment because of such individual’s ... sex ...."
Harassment on the basis of sex violates Title VII. The use of offensive or derogatory comments, or other verbal or physical conduct based on an individual's sex constitutes unlawful harassment if the conduct creates an intimidating, hostile, or offensive working environment, or interferes with the individual's work performance.
Under Section 704(a) of Title VII, "it shall be an unlawful employment practice for an employer to discriminate against any of his employees ... because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter."
WE WILL NOT engage in any acts or practices made unlawful by the above sections.
WE WILL NOT engage in any harassment of employees based on sex.
WE WILL NOT retaliate against employees for complaining about harassment based on sex.
INTERSTATE EQUITIES, INC. (Employer)

Dated: _____

By: __________________________ (Representative)(Title)

EXHIBIT "A"

 
 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 #: 1:03-cv-02783-AMD

United States Equal Employment Opportunity Commission v. Interstate Equities, Inc. Assigned to: Judge Andre M Davis Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/30/2003 Date Terminated: 10/25/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
United States Equal Employment Opportunity Commission

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

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

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
Interstate Equities, Inc. doing business as Burger King

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 Christopher M Feldenzer Serotte Rockman and Wescott PA 409 Washington Ave Ste 610 Towson, MD 21204 14108257900 Fax: 14108257913 Email: cfeldenzer@srwlaborlaw.com ATTORNEY TO BE NOTICED
Neal Serotte Serotte Rockman and Wescott PA 409 Washington Ave Ste 610 Towson, MD 21204 14108257900 Fax: 14108257913 Email: nserotte@srwlaborlaw.com ATTORNEY TO BE NOTICED

Date Filed 09/30/2003 09/30/2003

#

Docket Text

1 COMPLAINT against Interstate Equities, Inc. , filed by United States Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(raf, Deputy Clerk) (Entered: 09/30/2003)
JURY TRIAL DEMAND by United States Equal Employment Opportunity Commission. (raf, Deputy Clerk) (Entered: 09/30/2003)

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01/23/2004 01/27/2004
02/13/2004 02/17/2004 03/04/2004 03/05/2004
03/09/2004 05/20/2004 05/20/2004 05/25/2004
06/08/2004 07/26/2004 08/11/2004
08/13/2004 09/07/2004
09/07/2004
09/09/2004

2 Summons Issued (20 days) as to Interstate Equities, Inc.. (jlb, Deputy Clerk) (Entered: 01/23/2004)
3 SUMMONS Returned Executed by United States Equal Employment Opportunity Commission. Interstate Equities, Inc. served on 1/25/2004, answer due 02/17/2004. (Lawrence, Debra) (Entered: 01/27/2004)
4 STIPULATION Enlarging Defendant's Time to Answer or Otherwise Respond to the Complaint by Interstate Equities, Inc.. (Serotte, Neal) (Entered: 02/13/2004)
5 STIPULATION AND ORDER. Signed by Judge Andre M Davis on February 17, 2004. (Judge Davis) (Entered: 02/17/2004)
6 ANSWER to Complaint by Interstate Equities, Inc..(Serotte, Neal) (Entered: 03/04/2004)
7 ORDER REFERRING CASE to Magistrate Judge James K. Bredar for settlement or other ADR conference. Signed by Judge Andre M Davis on 3/5/04. (jnl, Deputy Clerk) (Entered: 03/05/2004)
8 ORDER SETTING Date for Settlement Conference. Signed by Judge James K. Bredar on 3/9/04. (jlb, Deputy Clerk) (Entered: 03/09/2004)
Settlement Conference held before Judge James K. Bredar. (jlb, Deputy Clerk) (Entered: 05/20/2004)
Judge James K. Bredar no longer assigned to case. (jlb, Deputy Clerk) (Entered: 05/20/2004)
9 SCHEDULING ORDER:Discovery due by 10/7/2004. Motions due by 11/9/2004. Status Report due by 10/7/2004. Signed by Judge Andre M Davis on May 25, 2004.(Judge Davis) (Entered: 05/25/2004)
10 Report re: Deposition hours (Morocco, Maria) (Entered: 06/08/2004)
11 NOTICE by Interstate Equities, Inc. Disclosure of Corporate Interest (Feldenzer, Christopher) (Entered: 07/26/2004)
12 STIPULATION Stipulated Protective Order Regarding the Exchange of Confidential Information and Verification by Interstate Equities, Inc.. (Feldenzer, Christopher) (Entered: 08/11/2004)
13 Stipulated Protective/Confidentiality Order. Signed by Judge Andre M Davis on August 13, 2004. (Judge Davis) (Entered: 08/13/2004)
14 NOTICE of service of motion to compel discovery by United States Equal Employment Opportunity Commission (Attachments: # 1 motion to compel# 2 memorandum)(Morocco, Maria) (Entered: 09/07/2004)
15 NOTICE by United States Equal Employment Opportunity Commission re 14 Notice of service of motion to compel discovery notice of filing lengthy exhibit (Morocco, Maria) (Entered: 09/07/2004)
16 MOTION to Amend/Correct Scheduling Order by Interstate Equities, Inc.. Responses due by 9/27/2004 (Attachments: # 1 Proposed Order)(Feldenzer, Christopher) (Entered: 09/09/2004)

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09/09/2004 10/18/2004 10/25/2004

17 PAPERLESS ORDER denying 16 Motion to Amend/Correct. Signed by Judge Andre M Davis on September 9, 2004. (Judge Davis) (Entered: 09/09/2004)
18 SETTLEMENT AGREEMENT (Consent Decree) by United States Equal Employment Opportunity Commission. (Morocco, Maria) (Entered: 10/18/2004)
19 CONSENT DECREE and approval. Signed by Judge Andre M Davis on 10/25/04. (jlb, Deputy Clerk) (Entered: 10/25/2004)

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