Case 1:05-cv-01789-WDQ Document 1-1 Filed 06/30/2005 Page 1 of 7

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

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

City Crescent Building 3rd Floor

)

10 South Howard Street

)

Baltimore, MD 21201

)

)

Plaintiff,

)

)

CIVIL ACTION NO.

v.

)

)

GLOBAL PEST MANAGEMENT, INC.,

)

COMPLAINT

10005 Old Columbia Road

)

JURY TRIAL DEMAND

Columbia, MD 21046

)

)

and

)

)

GLOBAL SERVICES GROUP, INC.,

)

10005 Old Columbia Road

)

Columbia, MD 21046

)

Defendants.

)

__________________________________________________________________________

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 religion and retaliation, and to provide appropriate relief to Scott Romero who was adversely affected by such practices. The Commission alleges that Defendants, Global Pest Management and Global Services Group, Inc., discriminated against Mr. Romero, a devout Christian minister, by failing to accommodate his religious beliefs and practices, which included attending meetings and services on Saturday and preparation for Sunday worship. Defendants, however, insisted that he work Saturdays, and instead
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Case 1:05-cv-01789-WDQ Document 1-1 Filed 06/30/2005 Page 2 of 7
of accommodating his religious beliefs and practices, Defendants discharged him because of his religion and in retaliation for engaging in conduct protected by Title VII.
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 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 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 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, Global Pest Management (the "Employer Global Pest"), has continuously been a Maryland corporation doing business in the State of Maryland, including the Cities of Laurel and Columbia, and has continuously had at least 15 employees. 5. At all relevant times, Defendant, Global Services Group, Inc. (the “Employer Global Services”), has been a Maryland corporation doing business in the State of Maryland,
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Case 1:05-cv-01789-WDQ Document 1-1 Filed 06/30/2005 Page 3 of 7
including the City of Columbia, and has continuously had at least 15 employees. 6. At all relevant times, Defendant Employer Global Pest 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).
7. At all relevant times, Defendant Employer Global Services 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).
8. On or about October 26, 2004, Defendant Employer Global Pest and Defendant Employer Global Services effected a merger, whereas Defendant Employers have operated in conjunction with one another as a joint or single “employer” within the meaning of Title VII.
STATEMENT OF CLAIMS 9. More than thirty days prior to the institution of this lawsuit, Scott Romero filed a charge with the Commission alleging violations of Title VII by Defendant Employers. All conditions precedent to the institution of this lawsuit have been fulfilled. 10. Since on or about October 2003, Defendant Employers has engaged in unlawful employment practices at its Maryland facilities, in violation of Section 703(a) and 704(a) of Title VII, 42 U.S.C. Sections 2000e-2 and 2000e-3. These practices include failing to accommodate and discharging Scott Romero on the basis of his religion. A devout Christian minister, Mr. Romero’s religious beliefs and practices include attending Saturday church meetings and preparing for participation in Sunday school and worship services. Defendant Employers refused to reasonably
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Case 1:05-cv-01789-WDQ Document 1-1 Filed 06/30/2005 Page 4 of 7
accommodate the conflict between Mr. Romero’s religious beliefs and practices and Defendants’ employment requirements, resulting in his discharge.
11. The effect of the practices complained of in paragraph 10 above has been to deprive Scott Romero of equal employment opportunities and otherwise adversely affect his status as an employee because of his religion and in retaliation for his opposition to discrimination.
12. The unlawful employment practices complained of in paragraph 10 above were intentional.
13. The unlawful employment practices complained of in paragraph 10 above were done with malice or with reckless indifference to the federally protected rights of Scott Romero.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employers, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in employment practices which discriminate on the basis of religion by not providing reasonable accommodations and/or terminating individuals because of their religious practices in violation of Section 703 (a) of Title VII, 42 U.S.C. Section 2000e-2(a). B. Order Defendant Employers to institute and carry out policies, practices, and programs which provide equal employment opportunities for persons who oppose practices made unlawful under Title VII or who participate in investigations and proceedings under this Title, and which eradicate the effects of its past and present unlawful employment practices.
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Case 1:05-cv-01789-WDQ Document 1-1 Filed 06/30/2005 Page 5 of 7
C. Order Defendant Employers to make whole Scott Romero by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to reinstatement of Scott Romero or front pay in lieu thereof.
D. Order Defendant to make whole Scott Romero by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 10 above, in amounts to be determined at trial.
E. Order Defendant Employers to pay Scott Romero punitive damages for its malicious and reckless conduct described in paragraph 10 above, in amounts to be determined at trial.
F. Order Defendant Employers to make whole Scott Romero by providing compensation for non-pecuniary losses, including emotional pain, suffering, mental anguish, embarrassment, and loss of enjoyment of life, in amounts to be proven at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
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 its complaint.
Respectfully submitted, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ERIC S. DREIBAND General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
_____________/s/_______________________ GERALD S. KIEL (Bar No. 07770) Regional Attorney EEOC-Baltimore District Office City Crescent Building, 3rd Floor 10 South Howard Street Baltimore, Maryland 21201 Telephone number: (410) 962-4207 Facsimile number:(410) 962-4270/2817
_____________/s/_______________________ TRACY HUDSON SPICER (Bar No. 08671) Supervisory Trial Attorney EEOC-Baltimore District Office City Crescent Building, 3rd Floor 10 South Howard Street Baltimore, Maryland 21201 Telephone number: (410) 962-4623 Facsimile number: (410) 962-4270/2817 6

Case 1:05-cv-01789-WDQ Document 1-1 Filed 06/30/2005 Page 7 of 7
_____________/s/_______________________ CECILE C. QUINLAN (Bar No. 06072) Senior Trial Attorney EEOC-Baltimore District Office City Crescent Building, 3rd Floor 10 South Howard Street Baltimore, Maryland 21201 Telephone number: (410) 962-4239 Facsimile number (410) 962-4270/2817
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 Case 1:05-cv-01789-WDQ Document 5-2 Filed 12/21/2005
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

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EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

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Plaintiff,

)

)

)

CASE NO: WDQ-05-CV-1789

v.

)

)

GLOBAL PEST MANAGEMENT, INC. and

)

GLOBAL SERVICE GROUP, INC.

)

)

Defendants.

)

)

JUDGMENT BY DEFAULT PURSUANT TO RULE 55 OF THE FEDERAL RULES OF CNIL PROCEDURE

I It appearing from the record in the above entitled action that an Application for Default

Judgment for want of show cause or other defense was made on I I' iOI,

as to

Defendants, Global Pest Management, Inc. and Global Service Group, Inc., for failure of said

Defendants to defend against this actionprovide1 by Rule 55 (a) and (b)ofthe Federal Rules of

~) Civil Procedure. Therefore, it is thiS)/ day of

,206 by the United States~istrict

7

Court for the District of Maryland,

ORDERED and ADJUDGED that judgment by default be and the same is entered in favor

of Plaintiff, the Equal Employment Opportunity Commission against Defendants, Global Pest

Management, Inc. and Global Service Group, Inc. for the sum of $77,166.12, consisting of

$25,535.86 in back pay, plus interest of $1,630.26, and S50,000 in compensatory and punitive

damages for Scott Romero.

Case 1:05-cv-01789-WDQ Document 5-2 Filed 12/21/2005 Page 2 of 2

Defendants will be (I) pennanently enjoined from any present or future violations of Title

VII. ; Prohibited discrimination shall include any discrimination on the basis of religion or because

of conduct protected under Section 704(a) of Title VII.

(2) Defendant is ordered to require any and all current and future owners, managers, and

supervisors to attend no fewer than two(2) hours training regarding the requirements of Title VII,

with particular emphasis on (a) religious discrimination and accommodation and (b) retaliation.

Defendants shall institute such training within thirty (30) days of this Order. In addition, Defendants

will furnish the Commission's attorney of record, at the EEOC's Baltimore District Office, written

documentation, including a signed list ofall attendees, that it has complied with this provision ofthis

Order, within five(5) days of such compliance;

(3) Defendants are ordered to post promptly in a conspicuous places at its headquarters and

facilities, at places where notices to employees are customarily posted, the EEOC poster, "Equal

Employment Opportunity Is The Law" (Fonn EEOC-P/E-l). Defendants shall forward to the

Commission's attorney ofrecord, at the EEOC's Baltimore District Office, written certification that

the Poster referenced herein has been posted and a statement of the location and date(s) of posting,

within ten (10) days of such posting, and;.

•

1
(4) Defendant shall be ordered to institute any practices and procedures the Court deems

necessary and appropriate to eradicate the complained of discrimination.

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

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U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:05-cv-01789-WDQ

CLOSED

Equal Employment Opportunity Commission v. Global Pest Management, Inc. et al Assigned to: Judge William D Quarles, Jr Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 06/30/2005 Date Terminated: 01/11/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Tracy Hudson Spicer Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624623 Fax: 14109624270 Email: tracy.spicer@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

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

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V. Defendant Global Pest Management, Inc.
Defendant Global Services Group, Inc.

Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624260 Fax: 14109622817

Date Filed 06/30/2005 06/30/2005 07/01/2005 10/28/2005 12/21/2005 12/21/2005 01/11/2006

#

Docket Text

1 COMPLAINT against Global Pest Management, Inc., Global Services Group, Inc. filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(raf, Deputy Clerk) (Entered: 07/01/2005)
Jury Trial Demand by Equal Employment Opportunity Commission. (raf, Deputy Clerk) (Entered: 07/01/2005)
2 Summons Issued 20 days as to Global Pest Management, Inc., Global Services Group, Inc. (raf, Deputy Clerk) (Entered: 07/01/2005)
3 AFFIDAVIT of Service for complaint served on Richard Hart on 10/5/05, filed by Equal Employment Opportunity Commission. (Quinlan, Cecile) (Entered: 10/28/2005)
4 AFFIDAVIT of Service for complaint served on Richard Hart Global Service on October 5 2005, filed by Equal Employment Opportunity Commission. (Quinlan, Cecile) (Entered: 12/21/2005)
5 MOTION for Default Judgment as to Defendants by Equal Employment Opportunity Commission. Responses due by 1/9/2006 (Attachments: # 1 # 2 # 3)(Quinlan, Cecile) (Entered: 12/21/2005)
6 ORDER granting 5 Motion of Plaintiff for Default Judgment; ORDERED and ADJUDGED that JUDGMENT ENTERED in favor of Plaintiff against Defendants in the sum of $77,166.12, consisting of $25,535.86 in back pay, plus interest of $1,630.26 and $50,000 in compensatory and punitive damages for Scott Romero. Signed by Judge William D Quarles Jr. on 1/11/06. (eg, Deputy Clerk) (Entered: 01/11/2006)

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