UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MARYLAND SOUTHERN DIVISION

UNITED STATES

)

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

10 S. Howard Street

)

Third Floor

)

Baltimore, Maryland 21201

)

)

Plaintiff,

)

)

v.

)

)

YUM! Brands, Inc.

)

1441 Gardiner Lane

)

Louisville, Kentucky 40213 )

)

d/b/a KFC

)

10501 Greenbelt Road

)

Lanham, Maryland 20706-2213 )

)

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 based on sex and

engaging in protected activity and to make whole Patricia Cooper,

who was subjected to a sexually hostile work environment while

she was employed by Defendant YUM! Brands, Inc., and who suffered

a reduction in her hours and was discharged by Defendant because

she opposed employment practices made unlawful by Title VII.

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, Southern 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 YUM! Brands, Inc., has continuously been and is now a North Carolina corporation doing business in Lanham, Maryland. 5. At all relevant times, Defendant YUM! Brands, Inc.,has had at least fifteen employees. 6. At all relevant times, Defendant YUM! Brands, Inc., has continuously been an employer engaged in an industry affecting commerce under Section 701(b), (g), and (h) of Title VII, 42
2

U.S.C. Section 2000e-(b), (g), and (h). STATEMENT OF CLAIMS
7. More than thirty days prior to the institution of this lawsuit, Patricia Cooper 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 February, 2002, Defendant YUM! Brands, Inc. has engaged in unlawful employment practices at its KFC restaurant in Lanham, Maryland, in violation of Sections 703(a) and 704(a) of Title VII, 42 U.S.C. Sections 2000e-2(a) and 2000e3(a). The practices include the following:
a. Subjecting Patricia Cooper to a hostile and offensive work environment by condoning the sexually harassing and discriminating behavior of Akhtar Wasti. Incidents of harassment committed by Wasti and condoned by Defendant include, but are not limited to, unwelcome touching of Ms. Cooper’s body; offensive conduct such as grabbing Ms. Cooper and telling her, “You need to dance with me,” grabbing Ms. Cooper and attempting to drag her into an empty part of the restaurant so that he could be alone with her, and physically blocking a doorway and telling Ms. Cooper she would have to kiss him to enter; propositioning Ms. Cooper; and making offensive comments, such as telling Ms. Cooper that his wife shaved her pubic area and asking Ms. Cooper whether she had “given it” to anyone other than her fiance.
3

b. Reducing Ms. Cooper’s hours because she opposed employment practices made unlawful by Title VII.
c. Terminating Ms. Cooper’s employment because she opposed employment practices made unlawful by Title VII.
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 Patricia Cooper.
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 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. Order Defendant to reinstate Patricia Cooper to her rightful place position;
4

D. Grant such further injunctive relief as the Court deems proper;
E. Order Defendant to make whole Patricia Cooper 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;
F. Order Defendant to make whole Patricia Cooper by providing compensation for pecuniary and nonpecuniary losses, including emotional pain, suffering, anxiety, depression, embarrassment, degradation, and humiliation;
G. Order Defendant to pay to Patricia Cooper punitive damages for its callous indifference to her federally protected right to be free from gender discrimination and retaliation;
H. Grant such further monetary relief as the Court deems proper; and
I. 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.
Respectfully submitted,
ERIC S. DREIBAND General Counsel
5

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
6

 
 UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MARYLAND SOUTHERN DIVISION

UNITED STATES

)

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

10 S. Howard Street

)

Third Floor

)

Baltimore, Maryland 21201

)

)

Plaintiff,

)

)

)

v.

)

)

KFC U.S. PROPERTIES, INC.

)

1441 Gardiner Lane

)

Louisville, Kentucky 40213 )

)

d/b/a KFC

)

10501 Greenbelt Road

)

Lanham, Maryland 20706-2213 )

)

Defendant.

)

______________________________)

Civil Action No. AW-03-CV-02784 AMENDED 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 based on sex and

engaging in protected activity and to make whole Patricia Cooper,

who was subjected to a sexually hostile work environment while

she was employed by Defendant KFC U.S. Properties, Inc., and who

suffered a reduction in her hours and was discharged by Defendant

because she opposed employment practices made unlawful by Title

VII.

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, Southern 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 KFC U.S. Properties, Inc., has continuously been and is now a Delaware corporation doing business in Lanham, Maryland. 5. At all relevant times, Defendant KFC U.S. Properties, Inc., has had at least fifteen employees. 6. At all relevant times, Defendant KFC U.S. Properties,
2

Inc., has continuously been an employer engaged in an industry affecting commerce under Section 701(b), (g), and (h) of Title 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, Patricia Cooper 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 February, 2002, Defendant, KFC U.S. Properties, Inc., has engaged in unlawful employment practices at its KFC restaurant in Lanham, Maryland, in violation of Sections 703(a) and 704(a) of Title VII, 42 U.S.C. Sections 2000e-2(a) and 2000e-3(a). The practices include the following:
a. Subjecting Patricia Cooper to a hostile and offensive work environment by condoning the sexually harassing and discriminating behavior of Akhtar Wasti. Incidents of harassment committed by Wasti and condoned by Defendant include, but are not limited to, unwelcome touching of Ms. Cooper’s body; offensive conduct such as grabbing Ms. Cooper and telling her, “You need to dance with me,” grabbing Ms. Cooper and attempting to drag her into an empty part of the restaurant so that he could be alone with her, and physically blocking a doorway and telling Ms. Cooper she would have to kiss him to enter; propositioning Ms. Cooper; and making offensive comments, such as telling Ms.
3

Cooper that his wife shaved her pubic area and asking Ms. Cooper whether she had “given it” to anyone other than her fiance.
b. Reducing Ms. Cooper’s hours because she opposed employment practices made unlawful by Title VII.
c. Terminating Ms. Cooper’s employment because she opposed employment practices made unlawful by Title VII.
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 Patricia Cooper.
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 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;
4

C. Order Defendant to reinstate Patricia Cooper to her rightful place position;
D. Grant such further injunctive relief as the Court deems proper;
E. Order Defendant to make whole Patricia Cooper 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;
F. Order Defendant to make whole Patricia Cooper by providing compensation for pecuniary and nonpecuniary losses, including emotional pain, suffering, anxiety, depression, embarrassment, degradation, and humiliation;
G. Order Defendant to pay to Patricia Cooper punitive damages for its callous indifference to her federally protected right to be free from gender discrimination and retaliation;
H. Grant such further monetary relief as the Court deems proper; and
I. 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.
Respectfully submitted,
5

ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
/s/
GERALD S. KIEL Regional Attorney (signed by Maria Morocco with permission of Gerald Kiel)
/s/
DEBRA M. LAWRENCE Supervisory Trial Attorney (signed by Maria Morocco with permission of Debra Lawrence)
/s/ ____________________________ MARIA LUISA MOROCCO Trial Attorney Federal Bar No. 24357
/s/ _____________________________ MARIA SALACUSE Trial Attorney Federal Bar. No. 15562 (signed by Maria Morocco with permission of Maria Salacuse)
6

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 10 S. Howard Street 3rd Floor Baltimore, Maryland 21201 Phone: (410) 962-4260 Fax: (410) 962-4270
7

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND (Southern Division)

PATRICIA COOPER Plaintiff
v.
KFC U.S. PROPERTIES, INC. Defendant 1441 Gardiner Lane Louisville, Kentucky 40213
d/b/a KFC 10501 Greenbelt Road Lanham, Maryland 20706-2213

* * * * Civil Action Number: AW-03-cv-02784 * * * * * Request for Jury Trial * * * *

COMPLAINT

Patricia Cooper, respectfully files this Complaint with this Court, alleging that the

Defendant discriminated against her because of her gender, and engaged in unlawful

sexual harassment and retaliation, 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.

The United Stated Equal Employment Opportunity Commission has issued a

written determination, finding that:

Evidence obtained during EEOC’s investigation revealed that [Patricia Cooper] was indeed subject to a hostile environment, and that Respondent failed to take immediate and appropriate action. The sexually hostile environment violated Title VII of the Civil Rights Act of 1964, as amended. Additionally, evidence showed subsequent to [Patricia Cooper’s] complaint of sexual harassment, Respondent retaliated against [Patricia Cooper] by reducing her work hours and discharging her ….

1

STATEMENT OF THE FACTS PATRICIA COOPER 1. Patricia Cooper is an adult resident and citizen of the State of Maryland. 2. Ms. Cooper worked for the Defendant, as its employee, for several years, until
her termination in October 2002. 3. Ms. Cooper was fired from employment with the Defendant in October 2002,
shortly after she had complained about unlawful gender discrimination. THE DEFENDANT 4. The Defendant is a for-profit corporation, doing business in the State of
Maryland. 5. In calendar year 2002, the Company reported gross revenues in millions of
dollars. 6. Defendant, at all relevant times to this lawsuit, has employed at least 15
employees and been engaged in interstate commerce. JURISDICTION & VENUE 7. The jurisdiction of this Court is based on federal civil rights employment
discrimination laws presenting federal questions. 8. Venue is proper because the unlawful acts and occurrences took place in this
District. 9. Ms. Cooper has complied with all prerequisites for bringing this lawsuit. EMPLOYMENT FACTS 10. In approximately November 2001, Ms. Cooper started working for the
Defendant in Greenbelt, Maryland. 11. In approximately February 2002, Ms. Cooper began training for a supervisory
position with the Defendant.
2

12. From March 2002 to her termination in October 2002, Ms. Cooper was the target of unlawful sexual harassment and retaliation by the Defendant.
13. The harassment created a hostile environment and was ongoing and continual. 14. The unlawful sexual harassment by Defendant included but was not limited
to: a. unwelcome touching of Ms. Cooper’s body; b. offensive conduct such as grabbing Ms. Cooper and telling her, “You need to dance with me,” c. grabbing Ms. Cooper and attempting to drag her into an empty part of the restaurant so that he could be alone with her, and physically blocking a doorway and telling Ms. Cooper she would have to kiss him to enter; d. propositioning Ms. Cooper; and making offensive comments, such as telling Ms. Cooper that his wife shaved her pubic area and asking Ms. Cooper whether she had “given it” to anyone other than her fiancé.
DAMAGE TO MS. COOPER CAUSED BY DEFENDANT 15. Plaintiff was placed in fear as a result of Defendant’s management. 16. Ms. Cooper objected to, opposed and complained about the sexual
harassment, from March 2002 until her termination in October in 2002. 17. Ms. Cooper actually complained to Defendant’s corporate office about the
unlawful sexual harassment in approximately August 2002. 18. Defendant did not take prompt or effective remedial action to stop and/or
prevent the harassment.
3

19. After Ms. Cooper objected to and reported the unlawful harassment, she was subject to unlawful retaliation, including but not limited to: a. terminating her employment; b. reducing her work hours which resulted in lesser compensation; c. degrading Ms. Cooper in front of others; d. harassing Ms. Cooper in an attempt to force her to quit; and e. faulting Ms. Cooper for work items for which she was not responsible.
20. Ms. Cooper was subjected to mental anguish, pain and suffering as a result of the harassment and retaliation. She suffered greatly emotionally and personally.
21. Ms. Cooper suffered a loss of benefits and wages as a result of the harassment and retaliation.
22. Ms. Cooper was greatly damaged by the unlawful discrimination and retaliation. Further, the damage to Ms. Cooper was compounded by Defendant’s actions in disparaging her and attempting to discredit her after she objected to the unlawful employment practices.
23. Ms. Cooper has suffered lost wages and benefits and a loss of future earnings as a direct result of the unlawful discrimination and retaliation.
24. Ms. Cooper suffered emotional injuries from the discrimination and retaliation. She was subjected to worry, anxiety, humiliation, loss of selfesteem, humiliation and embarrassment.
25. Ms. Cooper seeks to be made whole for the losses and damages she has suffered.
4

26. Defendant acted with absolute malice towards Ms. Cooper and in intentional and reckless disregard for her civil rights. Defendant was evil in its motives in discriminating and retaliating against Ms. Cooper. Defendant knew fully that it was violating the law, but nevertheless continued and escalated its unlawful conduct against Ms. Cooper, and ultimately firing her. Its actions were willful. VIOLATIONS OF THE LAW
COUNT I – UNLAWFUL GENDER DISCRIMINATION 27. All of the allegations of this Complaint are incorporated fully in this Count. 28. Defendant discriminated against Ms. Cooper on the basis of her gender by
creating a hostile environment, sexually harassing her and subjecting her to different treatment than males. 29. Defendant’s actions violated Title VII. 30. Ms. Cooper suffered adverse tangible employment action by the Defendant’s unlawful conduct, and she was damaged as a result. 31. Plaintiff seeks to recover her lost wages and benefits, lost future earnings, compensatory damages and punitive damages from the Defendant. Plaintiff also seeks reinstatement and an award of attorney fees and costs and pre- and post-judgment interest. 32. Defendant should be ordered to make Ms. Cooper whole Patricia Cooper by providing compensation for pecuniary and nonpecuniary losses, including emotional pain, suffering, anxiety, depression, embarrassment, degradation, and humiliation.
5

COUNT II – UNLAWFUL RETALIATION 33. All of the allegations of this Complaint are incorporated fully in this Count. 34. Ms. Cooper was terminated from employment in retaliation for engaging in
protected activity and opposition concerning gender discrimination. 35. Ms. Cooper suffered other employment harm and damage as a result of the
unlawful retaliation, as outlined above. 36. Defendant’s actions violated Title VII. 37. Ms. Cooper seeks to recover her lost wages and benefits, lost future earnings,
compensatory damages and punitive damages from the Defendant. Ms. Cooper also seeks reinstatement and an award of attorney fees and costs and pre- and post-judgment interest. 38. Defendant should be ordered to make Ms. Cooper whole Patricia Cooper by providing compensation for pecuniary and nonpecuniary losses, including emotional pain, suffering, anxiety, depression, embarrassment, degradation, and humiliation.
Respectfully submitted, ___________/s/___________ Stephen B. Lebau (Bar # 07258) Anna L. Jefferson (Bar # 25108) LEBAU & NEUWORTH, LLC 606 Baltimore Avenue – Suite 201 Baltimore, MD 21204 tel. 410.296.3030 fax. 410.296.8660
Attorneys for Plaintiff
REQUEST FOR JURY TRIAL Plaintiff respectfully requests that a jury of her peers decide her case.
6

_________/s/_____________ Stephen B. Lebau LEBAU & NEUWORTH, LLC 606 Baltimore Avenue – Suite 201 Baltimore, MD 21204 tel. 410.296.3030 fax. 410.296.8660 Attorneys for Plaintiff
7

 
 UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MARYLAND SOUTHERN DIVISION

UNITED STATES

)

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

10 S. Howard Street

)

Third Floor

)

Baltimore, Maryland 21201

)

)

Plaintiff,

)

)

)

v.

)

)

KFC U.S. PROPERTIES, INC.

)

1441 Gardiner Lane

)

Louisville, Kentucky 40213

)

)

d/b/a KFC

)

10501 Greenbelt Road

)

Lanham, Maryland 20706-2213

)

)

Defendant.

)

____________________________________)

Civil Action No. AW-03-CV-02784

CONSENT DECREE

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

Commission (“the EEOC” or “the Commission”), against Defendant, KFC U.S. Properties, Inc.,

(“Defendant”) 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 amended |

complaint alleges that certain employees at KFC store number Y070063 in Lanham, Maryland,

subjected former employee Patricia Cooper 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 KFC 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 Amended Complaint

filed by the Commission in this Title VII action which emanated from the Charge of

Discrimination filed by Patricia Cooper.

|

2. This Decree shall be in effect for a period of two years from the date it is entered

by the Court.

|

3. Defendant, including its agents, 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 at KFC store number Y070063 in Lanham,

Maryland. 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:

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, including its agents, employees, successors, assigns, and

2

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 twenty days after entry of this Decree, Defendant will pay Patricia Cooper a total of $25,000 for backpay and alleged compensatory damages. Defendant will issue an IRS | form 1099 to Ms. Cooper for the 2004 tax year. 5. Within 90 days after the entry of this Decree, Defendant will provide at least one hour of training on preventing sexual harassment in the workplace for all employees who work at KFC store number Y070063 in Lanham, Maryland. a. Within 30 days after entry of the Consent Decree, Defendant shall submit a brief written proposal for the training to the Commission’s counsel of record for approval by the EEOC. EEOC will then notify Defendant within 14 days as to whether the proposed training is acceptable. In the event the proposed training 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 Defendant receives 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 seven days after the training has been completed, Defendant will provide certification to Commission counsel of record that such training has been provided, including the date[s] and location[s] of the training, and the names and job titles of the trainees.
3

6. Within ten days after entry of the Consent Decree, Defendant will post in all

places where notices to employees customarily are posted at KFC store number Y070063, 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, 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 has been posted and a statement of the location and date of

posting.

|

7. Every 90 days 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:

Copies of any formal or informal complaints of sexual harassment made by any employee who works at KFC store number Y070063, 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.

| Such reports do not have to contain any information covered by the attorney-client and attorney

| work product privileges.

|

8. The Commission and Defendant shall bear their own costs and attorneys' fees.

4

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.

FOR DEFENDANT:

FOR PLAINTIFF:

___________/s/__________________ Eric J. Pelton KIENBAUM OPPERWALL HARDY & PELTON, P.L.C. 325 South Old Woodward Avenue Birmingham, Michigan 48009 (248) 645-0000 (signed by Maria Morocco with permission of Eric Pelton)

____________/s/_________________ Gerald S. Kiel Regional Attorney (signed by Maria Morocco with permission of Gerald Kiel)
____________/s/_________________ Debra M. Lawrence (signed by Maria Morocco with permission of Debra M. Lawrence)
__________/s/___________________ Maria Luisa Morocco Trial Attorney U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Baltimore District Office 10 S. Howard Street, 3d Floor Baltimore, Maryland 21201 (410) 962-4260

SO ORDERED. Signed and entered this _____ day of _____________________, 2004.

_________________________________ Alexander Williams, Jr. United States District Court Judge

5

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

Page 1 of 4

U.S. District Court District of Maryland (Greenbelt) CIVIL DOCKET FOR CASE #: 8:03-cv-02784-AW

CLOSED

United States Equal Employment Opportunity Commission v. YUM! Brands, Inc. Assigned to: Judge Alexander Williams, Jr Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/30/2003 Date Terminated: 07/19/2004 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

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 10 S Howard St Third Fl

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?460912167187225-L_353_0-1

5/31/2007

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

Page 2 of 4

Intervenor Plaintiff Patricia Cooper
V. Defendant YUM! Brands, Inc. TERMINATED: 02/10/2004 doing business as KFC TERMINATED: 02/10/2004 Defendant KFC U.S. Properties, Inc. doing business as

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 Stephen B Lebau Lebau and Neuworth LLC 606 Baltimore Ave Ste 201 Baltimore, MD 21204 14102963030 Fax: 14102968660 Email: sl@joblaws.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Anna L Jefferson Lebau and Neuworth LLC 606 Baltimore Ave Ste 201 Baltimore, MD 21204 14102963030 Fax: 14102968660 Email: aj@joblaws.net ATTORNEY TO BE NOTICED
represented by David R Warner Venable LLP

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?460912167187225-L_353_0-1

5/31/2007

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

Page 3 of 4

KFC
Date Filed 09/30/2003 09/30/2003 11/03/2003 12/18/2003 01/28/2004 01/28/2004 02/10/2004 02/10/2004 02/13/2004

575 Seventh St NW Washington, DC 20004 12023448155 Fax: 12023448300 Email: drwarner@venable.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric Jay Pelton Kienbaum Opperwall Hardy and Pelton PLC 325 S Old Woodward Ave Birmingham, MI 48009 12486450000 Fax: 12486451385 ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT against YUM! Brands, 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)

2 MOTION to Intervene of Patricia Cooper by Patricia Cooper. Responses due by 11/20/2003 (Attachments: # 1 memo in support to intervene# 2 complaint for intervening# 3 Civil Cover Sheet for intervention)(Lebau, Stephen) (Entered: 11/03/2003)

3 ORDER granting 2 Motion to Intervene. Signed by Judge Alexander Williams Jr. on 12/18/2003. (c/m 12/18/03 et) (elt, Deputy Clerk) (Entered: 12/18/2003)

4 Summons Issued (20 days) as to YUM! Brands, Inc.. (lad3, Deputy Clerk) (Entered: 01/28/2004)

5 SUMMONS Returned Executed by United States Equal Employment Opportunity Commission. YUM! Brands, Inc. served on 1/28/2003, answer due 2/17/2003. (Morocco, Maria) (Entered: 01/28/2004)

6 AMENDED COMPLAINT against YUM! Brands, Inc., filed by United States Equal Employment Opportunity Commission. (Attachments: # 1) (Morocco, Maria) (Entered: 02/10/2004)

7 Summons Issued (20 days) as to KFC U.S. Properties, Inc.. (jlb, Deputy Clerk) (Entered: 02/10/2004)

8 SUMMONS Returned Executed by United States Equal Employment Opportunity Commission. KFC U.S. Properties, Inc. served on 2/12/2004, answer due 3/3/2004. (Morocco, Maria) (Entered:

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

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07/19/2004

02/13/2004)
9 ANSWER to Complaint by KFC U.S. Properties, Inc..(Warner, David) (Entered: 03/03/2004)
10 Local Rule 103.3. (Warner, David) (Entered: 03/03/2004)
11 COMPLAINT against KFC U.S. Properties, Inc. , filed by Patricia Cooper, Intervenor Plaintiff.(elt, Deputy Clerk) (Entered: 03/08/2004)
12 Summons Issued (20 days) as to KFC U.S. Properties, Inc. (elt, Deputy Clerk) (Entered: 03/08/2004)
13 MOTION for Eric J. Pelton to Appear Pro Hac Vice by KFC U.S. Properties, Inc. (elt, Deputy Clerk) (Entered: 03/08/2004)
14 ORDER granting [13] Motion for Eric J. Pelton to Appear Pro Hac Vice. Signed on 03/05/2004. (elt, Deputy Clerk) (Entered: 03/08/2004)
15 SCHEDULING ORDER: Status Report due by 7/26/2004.. Signed by Judge Alexander Williams Jr. on 03/11/2004. (c/m 3/11/04 et)(elt, Deputy Clerk) (Entered: 03/11/2004)
16 STATUS REPORT by United States Equal Employment Opportunity Commission. (Morocco, Maria) (Entered: 03/25/2004)
17 ANSWER to Complaint by KFC U.S. Properties, Inc..(Pelton, Eric) (Entered: 03/31/2004)
18 SETTLEMENT AGREEMENT /Consent Decree by United States Equal Employment Opportunity Commission. (Attachments: # 1)(Morocco, Maria) (Entered: 07/07/2004)
19 PAPERLESS ORDER Granting re 18 Settlement Agreement filed by United States Equal Employment Opportunity Commission. Signed by Judge Alexander Williams Jr. on 07/19/04. (gc, Chambers) (Entered: 07/19/2004)

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