U.S. Equal Employment Opportunity Commission 21 South 5’~’ Street Philadelphi0, PA 19106 (215) 440-2688 Terrence R. Cook, Senior Trial Attorney TRC 398(1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

EQUAL EMPI~OYMENT OPPORTUNITY COMMISSION,
Plaintiff,
JAMES G. KENNEDY & CO., INC. Defendant.

)

)

)

Civil Action No.

)

)

)

)

COMPLMNT AND

) JURY TRIAL DEMAND

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NATURE OF ACTION

The United States Equal Employment OpportunityCommission (the "Commission"), brings

this action under Title VII of the Civil Rights Act o f 1964 and Title 1 o f the Civil Rights Act o f 1991

to correct unlawful employment practices on the basis of sex and to provide approl~riate relief to

Jenni for Hulahan who was adversely a fleeted by such practices wllile employed by Defendant, Janles

G. Kennedy & Co. Inc., ("Defendant"), and to enjoin Defendant from engaging in sex discrimination

and any other employment practice which discriminates on the basis of sex. As alleged with greater

pa~ieularity in paragraph 7 below, the Commission alleges that during her employment, Jennifer

Hulahan was subjected to a sexually llosfile work environment through the repeated use of sexually

derogatory comments, sexual advances, and inappropriate physical touching perpetrated by

Defendant’s Vice Presideut, Jack Piccolomirti. The Commission alleges that although Ms. Hulahan

complained about such conduct, Defendant failed to take reasonable action to prevent or promptly

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correct the discriminatory treatment. As a result of the sexual harassment, Ms. tIulahan suflbred damages, including emotional distress.
JURISDICTION AND VENUE 1, Jurisdiction of this Court i~ invoked pursuant to 28 U.S.C, §§ 451,1331, 1337, 1343 and 1345. This action is attthorizcd and instituted pursuant to § 706(f)(1) and (3) of Title vrI ofthc Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title VII"), and § 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a. 2. The elnploymer~t practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of New Jersey.
PARTIES Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the 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 § 706(f)(1) and (3) Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times mentioned herein, Defendant, James G. Kennedy & Co., Inc.,, has contimmusly been doing business in the State of New Jersey and the City of Jersey City and has continuously had at least 15 employees. 5. At all relevaaat times, Defendant Employer has continuouslybeen an employer engaged in an industry affecting commerce within the meaning of § 701(b), (g) and (h) of Title VII, 42 U.S.C. § § 2000e(b), (g) and (h).
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STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Jennifer Hulahan filed a charge of discrimination with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fu] filled. 7. Since at 1cast December 2002, Defendant Employer has engaged in unlawful employment practices at its Jersey City, New Jersey location in violation of § 703(a)(1) of Title VII, ~.2 U.S.C. Section 2000e-2(a)(1) by discriminating against Jennifer Hulahan based on her sex, female. The unlawful employment practices included the following: (a) Jennifer Hulahan began working for Defendant in August 1998. Throughout her employment, up to and including December 2002, Mr. Piccolomini su.b3ected Ms. Hulahan to a sexuallyhostile work environment, including unwelcomed sexual advances, made requests for sexual favors, asked Ms. Hulahan to travel to Mexico with him for tom,race, and repeatedly referred to Ms. I-Iulahan as "honey" or "sweetheart." (b) On three different occasions in December 2002, Jack Pj¢colomini physically grabbed Ms. Hulahan and tried to forcibly kiss her. (c) On one occasion, while Ms, Hulahan was seated in Jack Piceolomini’s office, Pieeolomini came up behind Ms. Hulahan, wrapped his arms around her and. pressed his face against hers, moving his lips towards hers. (d) On December 6, 2002, Jack Piccolomini grabbed Ms. Hulahan’s hand severn times asking her that they enter a company Christmas Party as "a couple." On this occasion, Mr. Pieeolomini crawled under the table where Ms. Hulahan. was seated and ran his hand up her leg and under her skirt.

(e) On or about December 6, 2002, while seated next to Ms Hulahan in a vehicle she was driving, Jack Piccolomini reached over several times, pulled her coat open a~d "flipped" Ms. Hulahan’s skirt open while pulling it to the side.
(f) On December 8, 2002, Ms. Hulahan complained about Jack Piccolomini’s sexual advances to Defendant’s Chief Operating Officer Nik Gambardella.
(g) On December 9, 2002, Defendant advised. Ms. Hulahan that she was being placed on leave until further notice. On December 20, 2002, was notified she could return to work and she retained thereafter.
(h) On April 4, 2003, Defendant terminated Ms. Hulahan’s employment as part ol’a downsizing.
8. The effect of the practices complained of in paragraphs 7 (a) through (h) above has been to deprive Jennifer Hulahan of equal employment opportunities and otherwise adversely affect her status as an employee on the basis of sex.
9. The unlawful employment practices complained of in paragraphs 7 (a) through (h) above, were intentional.
I 0. The unlawful employment practices complained of in paragraphs 7 (a) through (h), above, were done with malice or with reckless indifference to the federallyprotected rights ofJenni fer Hulahan.
PRAYER FOR RELIEF Wherefore, the EEOC respectfully requests that tllis Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, fi’om engaging in any employment practice
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that discriminates on the basis of sex. B. Order Defendant Employer to institute and carry out policies, practices, and programs
which provide equal employment opportunities for female employees which eradicate tlae effects of its past and present unlawful employmel~t practices.
C. Order Defendant to makc whole Jennifer Hulahan by providing compcnsation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 (a) through (j) above.
D. Order Defendant to make whole Jennifer Hulahal"~ by providing compensation for past, present, and futttre nonpecnniary losses resulting from the unlawful practices complained of in paragraphs 7 (a) through (h) above, including humiliation, emotional pain, suffering, anxiety, stress, loss of et~joynaent of life, depression, and exacerbation of physical problems, in amounts to be determined at trial.
E. Order Defendant to pay Jennifer Hulahan punitive damages for its malicious and reck.less conduct, as described i~ paragraphs 7 (a) through (h) above, in amounts to be deten~ined at trial.
Grant such farther relief as the Court deems necessary and proper in the public interest.
G. Award the Conlmission its costs of this action.
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JURY TRIAL DEMAND The Commission requests ajm’y trial on all questions of fact raised by its complaint,
Respectfully submitted, ERIC S, DREIBAND General Counsel
JAMES L, LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
~ACQUi~LII~E H, MCN_~IR Regional Attorney

Supervisory Trial Attorney

T~-R~N~ RT~-O6Kt ....

-"

Senior Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Philadelphia District Officc 21 South 5’h Street, Suite 400 Philadelphia, PA 19106
(215) 440-2688; (215) 440-2848 (FAX)

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 Case 2:04-cv-02586-DMC-MF Document 12 Filed 09/23/2004 Page 1 of 8

DEUTSCH RESNICK, P.A. One University Plaza-Suite 305 Hackensack, NJ 07601 (201) 498-0900 Attorneys for Plaintiff-Intervenor, Jennifer Hulahan Frances Farber-Walter, Esq. (FFW-3145)
UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and
JENNIFER HULAHAN, Plaintiff-Intervenor, v.
JAMES G. KENNEDY & CO., INC. Defendant.

Civil Action No.: 04-2586(DMC)
INTERVENOR COMPLAINT AND JURY DEMAND

Plaintiff-Intervenor, Jennifer Hulahan, residing at 236 West Place, Washington Township, Bergen County, State of New Jersey 07676, by way of complaint against the Defendant herein, alleges as follows:
JURISDICTION AND VENUE 1. The jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sect 1331 and 1343(a)(3) and (4),29 U.S.C. Sec. 621 et seq.
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2. Supplemental jurisdiction of this Court is invoked pursuant to 28 U.S.C. Section 1367 over Plaintiff-Intervenor's claims under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1, et seq.
3. Injunctive and declaratory relief, damages and other appropriate legal and equitable relief are sought pursuant to Title VII of the Civil Rights Act of 1964,42 U.S.C. 2000e, et seq. ("Title VII") and the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1, et seq. ("NJLAD").
4. Venue is proper within the District because the unlawful practices complained of herein occured within the District of New Jersey, and the Defendant, James G. Kennedy & Co., Inc., does business in the State of New Jersey, City of Jersey City.
5. Plaintiff-Intervenor filed charges against the Defendant for gender discrimination (sexual harassment) with the Equal Employment Opportunity Commission ("EEOC") on or about October 7, 2003, complaining of the acts of discrimination alleged herein.
6. On or about June 3, 2004, the EEOC filed a Complaint against Defendant for the benefit of Plaintiff-Intervenor. As a result thereof, Plaintiff-Intervenor has complied fully with the administrative requisites of Title VII.
7. The EEOC is a governmental entity which is charged with enforcing the rights of employees granted by Title VII.
PARTIES 8. Plaintiff-Intervenor, Jennifer Hulahan ("Plaintiff-Intervenor"), at all relevant times, was an employee of Defendant, James G. Kennedy & Co., Inc. ("Defendant") and claims sexual harassment and retaliation in violation of Title VII and the NJLAD.
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9. At all relevant times, Defendant was doing business in the State of New Jersey, with New Jersey offices located in Jersey City, New Jersey, and has continually had at least 15 employees.
10. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701 (b), (g) and (h) of Title VII, 42 U.S.C. Sees. 2000e(b), (g) and (h).
STATEMENT OF CLAIMS COUNT ONE
Sexual Discrimination in Violation of Title VII 11. More than thirty days prior to the institution of this lawsuit, Plaintiff-Intervenor filed a charge of discrimination with the EEOC alleging violations of Title VII by Defendant employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 12. Since at least December 2002, Defendant has engaged in unlawful employment practices at its Jersey City, New Jersey location in violation of § 703(a)(1) of Title VII. 42 U.S.C. Section 2000e-2(a)(l), by discriminating against Plaintiff-Intervenor based on her sex, female. The unlawful employment practices included, but are not limited to, the following: (a) Plaintiff-Intervenor began working for Defendant in August 1998. Throughout her employment, in a continuing pattern and practice of discrimination which lasted until December 2002, Jack Piccolomini, Defendant's Vice President ("Piccolomini"), subjected Plaintiff-Intervenor to a sexually hostile work environment, including unwelcomed sexual advances, offensive touching, requests for sexual favors, requests that Plaintiff-Intervenor travel to Mexico with him for romance and repeated references to Plaintiff-Intervenor as "honey" or "sweetheart";
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(b) By way of example, and not of limitation, on three different occasions in December 2002, Piccolomini physically grabbed Plaintiff-Intervenor and forcibly tried to kiss her;
(c) On one occasion, while Plaintiff-Intervenor was seated in Piccolomini's office, he came up behind her, wrapped his arms around her and pressed his face against hers, moving his lips towards hers;
(d) On December 6,2002, Piccolomini grabbed Plaintiff-Intervenor's hand several times asking her that they enter a company Christmas party as "a couple". On this occasion, Piccolomini crawled under the table where Plaintiff-Intervenor was seated and ran his hand up her leg and under her skirt;
(e) By way of further example, and not of limitation, on or about December 6, 2002, while seated next to Plaintiff-Intervenor in the vehicle she was driving, Piccolomini reached over several times, pulled Ms. Hulahan's coat open and flipped her skirt open while pulling it to the side;
(f) On December 8, 2002, Plaintiff-Intervenor complained about Piccolomini's sexual advances to Defendant's Chief Operating Officer, Nick Gambardella;
(g) On December 9, 2002, Defendant advised Plaintiff-Intervenor that she was being placed on leave until further notice. On December 20, 2002, Plaintiff-Intervenor was notified that she could return to work and she returned to work thereafter;
(h) On April 4, 2003, Defendant terminated Plaintiff-Intervenor's employment, ostensibly as part of a downsizing.
13. The effect of the practices complained of in paragraphs 12. (a) through (h) above has been to deprive Plaintiff-Intervenor of equal employment opportunities and otherwise
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adversely affect her status as an employee on the basis of her sex. 14. The unlawful employment practices complained of in paragraphs 12. (a) through (h)
above, were intentional. 15. The unlawful employment practices complained of in paragraphs 12. (a)
through (h) above were done with malice or with reckless indifference to the federally protected rights of Plaintiff-Intervenor.
WHEREFORE, Plaintiff-Intervenor 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 any employment practice that discriminates on the basis of sex; b. order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for female employees which eradicate the effects of its past and present unlawful employment practices; c. order Defendant to make whole Plaintiff-Intervenor by providing compensation for past, present, and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 12. (a) through (h) above; d. order Defendant to make whole Plaintiff-Intervenor by providing compensation for past, present, and future non-pecuniary losses resulting from the unlawful practices complained of in paragraphs 12. (a) through (h) above, induding humiliation, emotional pain, suffering, anxiety, stress, loss of enjoyment of life, depression, and exacerbation of physical problems in amounts to be determined at trial; e. order Defendant to pay Plaintiff-Intervenor punitive damages for its malicious and
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reckless conduct, as described in paragraphs 12. (a) through (h) above, in amounts to

be determined at trial; and

f.

grant such further relief as the Court deems necessary and proper in the public

interest.

COUNT TWO

Sexual Harassment/Hostile Work Environment - Violation ofNJLAD

16. Plaintiff-Intervenor repeats and realleges each and every allegation

contained in Paragraphs 1 through 15 as if more particularly set forth at length herein.

17. The actions alleged constitute a violation of the New Jersey Law Against

Discrimination, N.J.S.A. 10:5-1 et seq.

WHEREFORE, Plaintiff-Intervenor requests judgment against Defendant, awarding her damages, including economic damages, compensatory damages, and damages for emotional distress, physical distress, and pain and suffering; punitive damages and attorneys fees, costs of suit and any other relief the Court deems proper and just.
COUNT THREE
Sexual Harassment/Retaliation - Violation ofNJLAD 18. Plaintiff-Intervenor repeats and re-alleges each and every allegation contained in Paragraphs 1 through 17 as if more particularly set forth at length herein. 19. When Plaintiff-Intervenor returned to work after her forced leave of absence, she relied on the help of Stephanie Fuca to deal with the backlog of work that had accumulated. Subsequently, Ms. Fuca was terminated. When Plaintiff-Intervenor asked Piccolomini by telephone what she was going to do without Stephanie's help, Piccolomini told her to "wing it." He also said

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"people should learn to keep their mouths shut in this company." Plaintiff-Intervenor took this as a retaliatory threat.
20. Within a short time, four people corroborating Plaintiff-Intervenor's complaints, including Stephanie Fuca, Steve Sullivan, Joe Marino and Barbara DelGuercio, were terminated.
21. On March 26, 2003 Piccolomini returned from lunch visibly inebriated. Concerned about a recurrence of Piccolomini's previous offensive behavior, Plaintiff-Intervenor left the Jersey City office and went to ajob site, where she sent an e-mail to Defendant's Principal, Mr. Kennedy, complaining of Piccolomini' s behavior and the fact that appropriate disciplinary action had not been taken to prevent his inappropriate behavior.
22. Six days after that complaint, and at least in part as a consequence of, and in retaliation for her complaints, Plaintiff-Intervenor was terminated.
23. Plaintiff-Intervenor engaged in the protected activity of objecting to and complaining about discriminatory and harassing treatment by Piccolomini, and was retaliated against as a result of her complaints in that an adverse employment action was taken against her, i.e., termination.
24. As a result of Defendant's actions, Plaintiff-Intervenor has suffered injuries including, but not limited to, emotional distress, humiliation, embarrassment, pain and suffering, as well as loss of income and benefits.
25. The retaliatory actions complained of constitute violations of the New Jersey Law Against Discrimination, N.J. S.A. 10:5-1, et seq.
WHEREFORE, Plaintiff-Intervenor requests judgment against Defendant, awarding her damages, including economic damages, compensatory damages, and damages for emotional distress, physical distress, pain and suffering; punitive damages, attorneys fees, costs of suit and any
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Case 2:04-cv-02586-DMC-MF Document 12 Filed 09/23/2004 Page 8 of 8 other relief the Court deems proper and just.

DEUTSCH RESNICK, P.A. Attorneys for Plaintiff-Intervenor

Dated: September 23,2004

By: sl Frances Farber-Walter FRANCES FARBER-WALTER, ESQ.

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 Case 2:04-cv-02586-DMC-MF Document 22 Filed 07/07/2005 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and JENNIFER HULAHAN,
Intervenor,
v.
JAMES G. KENNEDY & COMPANY, INC.,
Defendant.

) ) ) ) ) ) ) ) CIVIL ACTION NO. 04-2586 ) (DMC) ) ) ) )

CONSENT DECREE

This Consent Decree is entered into by tbe Plaintiff, the United States Equal Employment

Opportunity Commission (the "EEOC" ortbe "Commission") and the Defendant, James G. Kennedy

& Company, Inc., its directors, officers, agents, employees, successors or assigns.

The Commission filed this action on June 3, 2004, in the United States District Court for the

District of New Jersey to enforce the provisions of Title VII of the Civil Rights Act of 1964, as

amended, and Title I ofthe Civil Rights Act of 1991,42 U.S.c. § 2000e, et. seq (,Title VII"). The

EEOC alleged that Defendant violated Title VII by failing to take prompt effective action to remedy

the sexually hostile work environment created for Jennifer Hulahan by Vice President Jack

Piccolomini. James G. Kennedy & Company, Inc., denied the allegations.

As a result of settlement discussions, and in an attempt to avoid further litigation costs, tbe

parties to this action do hereby agree to entry of this Consent Decree (hereinafter referred to as the

"Decree") which shall resolve fully and finally all claims which were raised by the EEOC in its

Case 2:04-cv-02586-DMC-MF Document 22 Filed 07/07/2005 Page 2 of 8
Complaint filed on behalf of Ms. Hulahan. It is the intent of the parties that this Decree shall be a final and binding settlement between the parties signatory hereto, their successors and assigns, in full disposition of all claims alleged in the Commission's Complaint against James G. Kennedy & Company, Inc.
The Parties hereby agree that: 1. This Decree is entered into in compromise of the claims asserted in this civil action. Defendant denies any and all liability in this action and this Decree shall not be construed as an admission of liability by James G. Kennedy & Company. 2. The EEOC is the agency of the United States government authorized by Congress to investigate allegations of unlawful employment discrimination, to bring civil actions based upon these allegations of unlawful practices, and to seek relief for individuals affected by such practices. 3. The parties stipulate that, pursuant to Title VII and 28 USC § 1331, the United States District Court for the District of New Jersey has jurisdiction over both the subject matter and the parties in this case.
NON-DISCRIMINATION 4. James G. Kennedy & Company agrees to (i) comply fully with all of the provisions of Title VII, and (ii) will avoid engaging in any employment practice which operates to harass individuals or deny equal employment opportunity based on sex in violation of Title VII.
NON-RETALIATION 5. James G. Kennedy & Company agrees that it shall not engage in any employment practice which retaliates in any manner against any person because of the filing of a charge, the giving oftestimony or assistance, or participation in any investigation, hearing or proceeding under
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Title VII.. Nothing in this Consent Decree, either by inclusion or exclusion, shall be construed to limit James G. Kennedy & Company's obligation not to retaliate as required by Title VII.
DURATION OF THE DECREE 6. The Consent Decree shall be in effect for a period of two (2) years from the date it is entered by the Court.
MONETARY COMPENSATION 7. Jfu'11eS G. Kennedy & Company agrees to moneta!"] compensation to Jennifer Hulahan in the amount of$125,000.000 to resolve this matter. The monetary relieffor Ms. Hulahan will be sent to her legal representative, as follows: Ms. Jennifer Hulahan, clo Frances Farber-Walter, Esquire, Deutsch Resnick, P.A., One University Plaza - Suite 305, Hackensack, NJ 07601. This amount will be paid within thirty days of whichever of the following events is later: the date the Court enters this Decree, or the date a Release have been received by Defendant, from Ms. Hulahan in a form mutually agreeable to her and to Defendant and the filing of a Stipulation of Dismissal with Prejudice by Ms. Hulahan. The check shall be sent to Ms. Hulahan's legal representative by United States certified mail, or express mail carrier, with a photocopy mailed to Cynthia A. Locke at EEOC's Philadelphia District Office. 8. In order to receive the monetary relief set forth above, Ms. Hulahan will be required to execute a Release in a form mutually agreeable to her and to Defendant.
EOUITABLE RELIEF 9. James G. Kennedy & Company agrees to the following injunctive relief:
SEXUAL HARASSMENT POLICY (A) As part of the resolution of this case, James G. Kennedy has established a sexual
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harassment policy. This policy includes a definition of"sexual harassment" and examples ofconduct that may constitute sexual harassment. The policy sets fOl1h a procedure for employees to report alleged violations of the policy and identifies the job categories of the individuals to whom an employee can report such violations. The policy also provides that an individual who reports incidents, which, in good faith, the employee believes to be violations of this policy, or who is involved in the investigation, will not be subject to reprisal or retaliation. James G. Kennedy sball post this policy in all locations where employee notices are regularly posted..
REPORTING (B) James G. Kennedy & Company agrees that effective immediately as of the date of the entry of this Decree, every six months for a period of one (1) year, it will provide a written report to the Commission listing all employee complaints of sexual harassment that it received during the prior six (6) months, which will include the following:
(1) copies of all employee complaints of sexual harassment which will include identification of the complainant, and materials documenting (i) all investigative efforts by James G. Kennedy & Company's supervisors, human resource personnel, labor relations personnel, and managers into each such complaint, and (ii) the result of the investigation, including any remedial measures undertaken by James G. Kennedy & Company ifwarranted, to correct any discrimination found, and documentation ofthe resolution of each complaint, including any reports or conclusions reached.
POSTING OF NOTICE 10. James G. Kennedy & Company agrees that it shall post a copy of the Notice attached as Exhibit A in all locations at its offices where employee notices are regularly posted. The Notice
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shall be posted for two (2) years from the date this Decree is entered by the Court. Should the posted copy of the Notice become defaced, marred or otherwise made unrcadable, James G. Kennedy & Company agrees to immediately post a readable copy of the Notice.
TRAINING 11. James G. Kennedy & Company agrees that it will conduct training on Title VII, and specifically, sexual harassment, gender discrimination, and retaliation, and its agreement to investigate all employee complaints of discrimination, within 120 days of the date of this Decree. Tbe training will be mandatory for all managers, supervisors, and other persons with supervisory authority over other employees, regarding their obligations under Title VII. This training will be conducted within one hundred and twenty days of the entry of the Consent Decree. James G. Kennedy & Company agrees that within fourteen (14) days of each training session given, it will provide writtcn verification to the Commission of the date(s) that the training was conducted, will provide an outline of the topics covered; will identify the instructors who provided the training and their qualifications, and the duration of the training.
LETTER OF REFERENCE 12. Defendant shall provide to Jennifer Hulahan, within fourteen (14) working days of the entry of this Consent Decree, a letter of reference signed by a company official stating the time period of Ms. Hulahan's employment by Defendant, positions held and last salary received. Defendant will also provide to Ms. Hulahan within fourteen (14) working days of the entry of this Consent Decree, the identity of a reference person who will provide the above-stated information verbally by telephone to any prospective employer of Ms. Hulahan who contacts the company.
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DISPUTE RESOLUTION AND COMPLIANCE 13. In the event that the EEOC detennines that a violation ofthis Decree has occurred, it will, before exercising any remedy provided by law, infonn James G. Kennedy & Company as to the alleged violations and the parties will attempt to resolve the dispute for thirty days prior to notifying the Court.
MISCELLANEOUS 14. Nothing in this Decree, either by inclusion or exclusion, shall be construed to limit James G. Kennedy & Company's obligations under Title VII or the EEOC's authority to process or litigate any charge of discrimination that may be filed against James G. Kennedy & Company in the future. EEOC represents that it has completed its processing ofCharge No 171-2003-01 042.and that no further action will be taken except as set forth in this Consent Decree. 15. The tenns of the Decree are and shall be binding upon the present and future employees, ageuts, trustees, administrators, successors, representatives, and assigns of James G. Kennedy & Company. 16. When this Decree requires the submission by James G. Kennedy & Company of any documents to the Commission, if not otherwise indicated in the Decree or Attachments, they shall be mailed by certified mail to the CynthiaA. Locke, Trial Attorney, Philadelphia District Office, 21 S. 5th Street, The Bourse, Suite 400, Philadelphia, PA. 19106. 17. Each party to this Decree shall bear its own expenses, costs and attorney's fees. 18. This Consent Decree shall be filed in the District Court for the District ofNew Jersey. 19. The Court shall retain jurisdiction over this case for two years in order to enforce the provisions of this decree, should this become necessary.
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Case 2:04-cv-02586-DMC-MF Document 22 Filed 07/07/2005 Page 7 of 8

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION:
Eric S. Dreiband General Counsel
James L. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel Washington, D.C.

acquelme H. McNair Regional Attorney

i6JV1. ::fffy I'),

tLI /'~~~IJ

/' i..{ /

&"' 1,.<

i dlth A. 0 Boyle

Trial Attorney

tbia A. Locke /Trial Attorney
U.S. EEOC Philadelphia District Office 21 S. 5th Street, Suite 400 Philadelphia, PA 19106 (215) 440-2683

APPROVED AND SO ORDERED:

JAMES G. KENNEDY & COMPANY:
Roger Norton, Chief Executive James G. Kennedy & Co., Inc 215 E. 38th Street New York, NY 10016
)

;'/0 f DATE:

:>

Case 2:04-cv-02586-DMC-MF Document 22 Filed 07/07/2005 Page 8 of 8

EXHIBIT A NOTICE
This Notice is posted as part ofa settlement reached in the matter of EEOC v. James G. Kennedy & Co.. Inc.,C.A. No. 04-2586, in the United States District Court, District of New Jersey. The EEOC filed this action to enforce provisions of Title VII of the Civil Rights Act of 1964 (Title VII).
Title VII prohibits discrimination against employees and applicants for employment based upon their race, color, sex, religion, or national origin. Title VII further prohibits retaliation against employees or applicants who avail themselves of their rights under Title VII by engaging in protected activities, such as filing a charge of discrimination or testifying or participating in an EEOC investigation. THE EQUAL EMPLOYMENT OPPORTUNITY COMM1SSION (EEOC) is the federal agency which investigates charges of discrimination and, if necessary, brings lawsuits in the federal district courts to enforce Title VII.
The EEOC alleged that Defendant James G. Kennedy & Co., Inc. C'J. G. Kennedy") violated Title VII. Specifically, the EEOC alleged that J. G. Kennedy failed to take prompt effective action to correct the sexually hostile work environment created in its New Jersey business operations when a fonner Vice President repeatedly sexually harassed a female employee. J. G. Kennedy denies these allegations.
J. G. Kennedy fully supports and will comply with Title VII in all respects. J. G. Kennedy will not engage in any employment practice that denies equal opportunities in employment in violation of Title VII. J. G. Kennedy does not condone or pennit harassment or discrimination based on any protected classification, including gender. Furthennore, in accordance with Title VII, J. G. Kennedy will not take any action against any employee or applicant for employment because he or she has exercised any right under Title VII, including the filing of a charge of discrimination or the reporting of harassment.
This Notice will remain posted at the offices of J. G. Kennedy for a period of two years on all bulletin boards where announcements are nonnally posted for the benefit of employees. This Notice demonstrates that J.G. Kennedy has a continued interest in maintaining a workplace free from discrimination and harassment.
THIS NOTICE MUST NOT BE DEFACED OR REMOVED AND MUST REMAIN POSTED FOR TWO YEARS FROM THE DATE SET FORTH BELOW.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

JAMES G. KENNEDY & CO., INC.

Date Posted: ____________, 2005

 
 CM/ECF LIVE - U.S. District Court for the District of New Jersey - Doc... https://ecf.njd.uscourts.gov/cgi-bin/DktRpt.pl?888813724707866-L_35...
CLOSED, RULE16, SCHEDO
U.S. District Court District of New Jersey [LIVE] (Newark) CIVIL DOCKET FOR CASE #: 2:04-cv-02586-DMC-MF

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. JAMES G. KENNEDY & CO., INC. Assigned to: Judge Dennis M. Cavanaugh Referred to: Magistrate Judge Mark Falk Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 06/03/2004 Date Terminated: 03/17/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Defendant

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by CYNTHIA A. LOCKE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PHILADELPHIA DISTRICT'S OFFICE THE BOURSE 21 S. 5TH STREET SUITE 400 PHILADELPHIA, PA 19106 (215) 451-5787 LEAD ATTORNEY ATTORNEY TO BE NOTICED

TERRENCE R. COOK US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PHILADELPHIA DISTRICT OFFICE 21 SOUTH 5TH STREET SUITE 400 PHILADELPHIA, PA 19106 (215) 440-2688 Email: terrence.cook@eeoc.gov TERMINATED: 07/23/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff JENNIFER HULAHAN

represented by FRANCES FARBER-WALTER DEUTSCH RESNICK GREEN & GRAMIGNA ONE UNIVERSITY PLAZA SUITE 305 HACKENSACK, NJ 07601 201 498-0900 Email: ffarberwalter@njemployeerights.com

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V. Defendant JAMES G. KENNEDY & CO., INC.

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JAMES P. WALSH, JR. MORGAN, LEWIS & BOCKIUS LLP 502 CARNEGIE CENTER PRINCETON, NJ 08540-7814 (609) 919-6647 Fax: (609) 919-6701 Email: jwalsh@morganlewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
RENE M. JOHNSON MORGAN, LEWIS & BOCKIUS, LLP 502 CARNEGIE CENTER PRINCETON, NJ 08540 (609) 919-6600 Fax: (609) 919-6701 Email: rjohnson@morganlewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
KEREN RABIN MORGAN, LEWIS & BOCKIUS LLP 502 CARNEGIE CENTER PRINCETON, NJ 08540 609 919-6600 Email: krabin@morganlewis.com TERMINATED: 11/10/2004 ATTORNEY TO BE NOTICED

Date Filed 06/03/2004
06/08/2004 07/15/2004

#

Docket Text

1 COMPLAINT against JAMES G. KENNEDY & CO., INC. JURY DEMAND, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(dr, ) (Entered: 06/08/2004)
Summons Issued as to JAMES G. KENNEDY & CO., INC..Days Due - 20. Mailed to Counsel (dr, ) (Entered: 06/08/2004)
2 SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. JAMES G. KENNEDY & CO., INC. served on 6/23/2004, answer due 7/13/2004. (DD, ) (Entered: 07/16/2004)

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07/23/2004 08/03/2004 08/04/2004 08/10/2004 08/10/2004
08/30/2004 09/03/2004 09/03/2004 09/08/2004 09/21/2004 09/23/2004 10/19/2004 10/19/2004 10/25/2004
11/10/2004

3 NOTICE of Appearance by CYNTHIA A. LOCKE on behalf of EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (DD, ) (Entered: 07/27/2004)
4 ANSWER to Complaint by JAMES G. KENNEDY & CO., INC.. (Attachments: # 1 Statement Rule 7.1 Disclosure)(RABIN, KEREN) (Entered: 08/03/2004)
5 LETTER-ORDER Scheduling rule 16 Conference set for 10/7/2004 11:30 AM in Newark - Courtroom 9 before Magistrate Judge Mark Falk.Signed by Judge Mark Falk on 8/4/04. (mm-sl, ) (Entered: 08/09/2004)
6 MOTION to Intervene by JENNIFER HULAHAN. (Attachments: # 1 Brief# 2 cert. of Frances Farber-Walter, Esq.# 3 proposed order# 4 Exh A# 5 Exh B# 6 Exh C)(DD, ) (Entered: 08/10/2004)
Set Deadlines as to 6 MOTION to Intervene. Motion Hearing set for 9/13/2004 before Judge Dennis M. Cavanaugh. [PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT] (DD, ) (Entered: 08/10/2004)
7 BRIEF in Opposition re 6 MOTION to Intervene filed by JAMES G. KENNEDY & CO., INC.. (RABIN, KEREN) (Entered: 08/30/2004)
8 REPLY to Response to Motion re 6 MOTION to Intervene filed by JENNIFER HULAHAN. (Attachments: # 1 Affidavit of Frances Farber Walter)(SIEGLER, STEVEN) (Entered: 09/03/2004)
9 CERTIFICATE OF SERVICE by JENNIFER HULAHAN re 8 Reply to Response to Motion to Intervene (SIEGLER, STEVEN) (Entered: 09/03/2004)
10 RESPONSE to Motion re 6 MOTION to Intervene Withdrawal of Opposition to Motion to Intervene filed by JAMES G. KENNEDY & CO., INC.. (RABIN, KEREN) (Entered: 09/08/2004)
11 ORDER granting 6 Motion to Intervene by JENNIFER HULAHAN. Directing her to file a Cmp. in the form subm. w/her moving papers w/in 7 days of the daste hereof.. Signed by Judge Mark Falk on 9/20/04. (DD, ) (Entered: 09/21/2004)
12 Intervenor COMPLAINT and Jury Demand, filed by JENNIFER HULAHAN.(FARBER-WALTER, FRANCES) (Entered: 09/23/2004)
13 ANSWER to Intervenor Complaint and Affirmative Defenses by JAMES G. KENNEDY & CO., INC..(RABIN, KEREN) (Entered: 10/19/2004)
Minute Entry for proceedings held before Judge Mark Falk: Initial Pretrial Conference held on 10/19/2004. (mm-sl, ) (Entered: 10/25/2004)
14 PRETRIAL SCHEDULING ORDER: Status/Settlement Conference set for 12/14/2004 10:30 AM before Magistrate Judge Mark Falk. Discovery due by 4/1/2005; etc.. Signed by Judge Mark Falk on 10/22/04. (DD, ) (Entered: 10/26/2004)
15 Substitution of Attorney - Attorney JAMES P. WALSH and JAMES P. WALSH for JAMES G. KENNEDY & CO., INC., RENE M. JOHNSON and JAMES P. WALSH for JAMES G. KENNEDY & CO., INC. added. Attorney KEREN RABIN terminated.. (WALSH, JAMES) (Entered: 11/10/2004)

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02/03/2005
02/03/2005 02/08/2005 03/14/2005 03/17/2005 06/30/2005 07/01/2005
07/07/2005

16 ORDER Status/Settlement Conference set for 2/16/2005 11:00 AM before Magistrate Judge Mark Falk.. Signed by Judge Mark Falk on 2/2/05. (DD, ) (Entered: 02/03/2005)
17 Letter from Rene M. Johnson, Esquire. (JOHNSON, RENE) (Entered: 02/03/2005)
18 Letter from Rene M. Johnson. (JOHNSON, RENE) (Entered: 02/08/2005)
Minute Entry for proceedings held before Judge Mark Falk : Settlement Conference held on 3/14/2005. (mm-sl, ) (Entered: 03/16/2005)
19 ORDER DISMISSING CASE as settled, w/out costs & w/out prejudice.. Signed by Judge Dennis M. Cavanaugh on 3/16/05. (DD, ) (Entered: 03/17/2005)
20 NOTICE by JAMES G. KENNEDY & CO., INC. CONSENT DECREE (WALSH, JAMES) (Entered: 06/30/2005)
21 STIPULATION of Dismissal WITH PREJUDICE, RELATED TO DOC. NO. 20 (CONSENT DECREE, para. 7) by JAMES G. KENNEDY & CO., INC.. (WALSH, JAMES) (Entered: 07/01/2005)
22 CONSENT DECREE ORDER re: settlement. Signed by Judge Dennis M. Cavanaugh on 7/6/2005. (mn, ) (Entered: 07/11/2005)

PACER Service Center

Transaction Receipt

06/01/2007 11:39:10

PACER Login:

hs0328

Client Code:

eeoc

Description:

Docket Report

Search Criteria:

2:04-cv-02586-DMC-MF Start date: 1/1/1970 End date: 6/1/2007

Billable Pages:

2

Cost: 0.16

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 EEOC LITIGATION SETTLEMENT REPORT - July 2005

http://www.eeoc.gov/litigation/settlements/settlement07-05.html

EEOC v. James G. Kennedy & Co. No. 04-2586 (DMC) (D.N.J. July 11, 2005)
The Philadelphia District Office alleged that defendant, a New York/New Jersey area construction firm that specializes in interior renovations for large businesses, subjected charging party, a project manager in its Jersey City office, to a sexually hostile work environment. Defendant promoted charging party to project manager in June 1999. Starting in December 1999, and continuing throughout charging party's employment, defendant's vice president subjected her to unwelcome sexual conduct, including sexual advances, requests for sexual favors, degrading comments, and offensive touching. Defendant had no written sexual harassment policy. Charging party complained to defendant's chief operating officer (COO) after egregious incidents at the company's 1999 and 2002 Christmas parties. The COO reported charging party's 1999 complaints to defendant's president/CEO and defendant made the vice president apologize. However, the vice president told charging party that the president asked him (using crude language) if he was having sexual relations with her. This led charging party to believe that the president had not taken her complaint seriously. The harassment continued until April 2003, when defendant closed its New Jersey office and laid charging party off.
Under the 2-year consent decree resolving this case, charging party will receive $125,000 in monetary relief. The decree provides that defendant will not engage in retaliation as defined in Title VII. Defendant has established a sexual harassment policy that includes a procedure to report violations of the policy to individuals in identified job categories.

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