Case 2:05-cv-04828-WJM-RJH Document 1-1 Filed 10/05/2005 Page 1 of 7

United Statc:i!:i Equal Employment Opportunity Commission Philadelphia District Offi..::e 21 S. 5111 Street. Suite400 Philnd<lphia, PA 19106 Stephanie Fine-Mwino Trial Anomey (215)4-W-2841 SFM-791>
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

1DU5 CCT - 5 A II: 04

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

CIVIL ACTION NO.

v.

)

)

PORT ELIZABETH TERMINAL &

)

COMPLAINT

WAREHOUSE (a subsidiary of the

)

JJJRY TRIAL DEMAND

Judge Organization),

)

)

Defendant.

)

)

NATURE OF TSE ACTION

This is an action under Title VIT of the Civil Rights Act of 1964, Title I of the Civil Rights

Act of 1991 and the Age Discrimination in Employment Act to correct unlawful employment

practices that discriminate on the basis of race and age and to provide appropriate relief to Shirley

Hicks, (Black, age 56) who was adversely affected by such practices. As alleged with greater

particularity in paragraph I 0 below, the Commission alleges that Ms. Hicks, a Customer Service

Representative ("CSR"), was discriminated again~t based on her age and race, when Defendant

Employer subjected her to disparate treatment, while younger, non-black CSRs were treated more

favorably. The Commission alleges that although Ms. Hicks complained to Defendant about the

unwarranted scrutiny over her performance, no remedial action was undertaken by Defendant to

stop the discrimination, and, thereafter, on or about November 22, 2004, Ms. Hicks was terminated.

Case 2:05-cv-04828-WJM-RJH Document 1-1 Filed 10/05/2005 Page 2 of 7
As a result of the racial and age discrimination and discharge, Ms. Hicks suffered severe emotional
distress and backpay damages. JURlSDICTION 4\ND VENUE
I. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to § 706(f) (1) and (3) ofTitle VTT of the Civil Rights Act of1964, as amended, 42 U.S.C. "§ .2000e-5(t)(l) and (3)" ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a.
2. This action is also authorized and instituted pursuant to Section 7(b) of the Age Discrimination in Employment Act of 1967, as ameinded, 29 U.S.C. §626(b) (the "ADEA''), which
incorporates by reference Sections 16(c) and 17 Qf the Fair Labor Standards Act of 1938 (the
"FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217. 3. The employment practices alleged to1be unlawful were and are now being committed
within the jurisdiction of the United States District ·Court for the District of New Jersey. PARTI(;S
4. Plaintiff, the Equal Employment OJ1portunity 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 Section 706(£)(1) and (3) of Title VII, 42 U.S.C. § 2000(e)·S(f) (1) and (3).
5. Further, the Commission is also char&ed with the administration, interpretation and enforcement of the ADEA and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), as amended by Section'2 of the Reorganization Plan No.1 ofl978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705.
2

Case 2:05-cv-04828-WJM-RJH Document 1-1 Filed 10/05/2005 Page 3 of 7
6. At all relevant times, Defendant, Port Elizabeth Terminal & Warehouse (a subsidiary of the Judge Organization) {"Port Elizabeth''), has continuously been and is now doing business in the State of New Jersey and the City of Newark and has continuously had at least fifteen (15) employees.
7. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 70l(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h) and Seqtions ll(b), (g) and (h) ofthe ADEA, 29 U.S.C. §§ 630(b), (g) and (h).
CONCILI1TION 8. Prior to institution of this lawsuit, the Commission's representatives attempted to eliminate the unlawful employment practices allegeq! below and to effect voluntary compliance with the ADEA through informal methods ofconciliatioQ, conference and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
STATEMENT QF CLAIMS
9. More than thirty days prior to the itj.stitution of this lawsuit, Shirley Hicks filed a charge with the Commission alleging violations ofTitle VII and the ADEA by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled.
10. Since at least 2002, Defendant Employer has engaged in unlawful employment
practices at its Newark, New Jersey facility in violation ofSection 703(a) (1) ofTitle VII, 42 U.S.C. § 2000e-2(a) (1) and 2000 (e)-3 (a) (l) and Section 7(b) of the ADEA, 29 U.S.C. § 626(b), by subjecting Shirley Hicks to disparate treatment and,wrongful termination because of her race and age, based on incidents which include, but not arc limited to, the following:
3

Case 2:05-cv-04828-WJM-RJH Document 1-1 Filed 10/05/2005 Page 4 of 7
(a) Ms. Hicks was initially hired by Defendant in 1987 as a Switchboard Operator and was thereafter promoted to billing clerk, a position she remained in until 1993. In 1995, Defendant rehired Ms. Hicks as a Customer Service Representative ("CSR"), a position in which she remained employed until she was terminated on November 2:3, 2004.
(b) Ms. Hicks was the oldest of seven ('7) CSRs and the only African-American in the CSR Department.
(c) Sometime in 2002, Rose Wilson (Hispanic I age 40) was promoted to CSR Manager and became Ms. Hick's immediate supervisor. Immediately upon Ms. Wilson promotion, she exhibited bias toward younger, non-African American CSRs, and became hostile towards Ms. Hicks.
(d) In or about 2003, Ms. Hicks requested a meeting with Port Elizabeth's President, Pat Wynne, and expressed to him that she believed slb.e was being treated unfairly. Thereafter, she received no response to her complaint, and no further action was taken by Port Elizabeth's President.
(e) On or about April 23, 2004, Ms. !::licks was placed on "Probationary Notice" for performance issues that had never been bought to her attention. Prior to Ms. Wilson becoming CSR Manager, Ms. Hicks never experienced any problems with her work or her performance. Ms. Hicks successfully completed her probationary period an!l, in fact, did not receive any further discipline,
'
counseling and/or warnings. (f) On or about July 1, 2004, work statioos were rearranged in such a way that Ms.
Hicks' work station was isolated from her co-workers. (g) On or about November 22, 2004, without any warning, Ms. Hicks was terminated. 11. The effect of the practices complained of in paragraph I0 above, and its sub-parts,
above has been to deprive Shirley Hicks ofequal employment opportunities and otherwise adversely 4

Case 2:05-cv-04828-WJM-RJH Document 1-1 Filed 10/05/2005 Page 5 of 7
affect her status as an employee because of her race and age. 12. The acts complained of in paragraph 10, and its sub-parts, above were intentional. 13. The unlawful employment practices complained ofin paragraph l 0, and its sub-parts,
above were done with malice or with reckless indiffmnce to the federally protected rights ofShirley Hicks as a 56-year old African-American employee.
14. The unlawful employment practices complained of in paragraph 10 above were willful within the meaning of Section 7(b) ofthe ADEA, 29 U.S.C. § 626(b).
PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in disparate treatment and wrongful tennination based upon an employee's race and age and any other employment practice which discriminates on the basis ofrace, or age against individuals forty (40) years of age and older. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for i!ndividuals forty (40) years ofage and older and for African-American individuals, which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to institute and carry out anti-discrimination and complaint procedures. D. Order Defendant Employer to institute and carry out complaint procedures which encourage employees to come forward with compla,ints regarding violations of its policies against
5

Case 2:05-cv-04828-WJM-RJH Document 1-1 Filed 10/05/2005 Page 6 of 7

discrimination, including race and age discrimination.

E. Order Defendant Employer to institute and carry out a training program which shall

promote supervisor accountability imposing on all managers and supervisory personnel a duty to

actively monitor their work areas to ensure complia111ce with policies on race and age discrimination;

and requiring all managers and supervisors to repo1 any incidents and/or complaints ofrace and age

discrimination of which they become aware to I the department charged with handling such

complaints.

1

F. Order Defendant Employer to mak whole Shirley Hicks by providing affirmative

relief necessary to eradicate the effects of its unla ful employment practices.

G. Order Defendant Employerto make hole Shirley Hicks by providing compensation

for past and future pecuniary losses resulting from he unlawful employment practices described in

paragraph 10, and its sub-parts, above, including t not limited to backpay, frontpay, and out-of-

pocket losses in amounts to be determined at trial.

H. Order Defendant Employer to make hole Shirley Hicks by providing compensation

for past and future nonpecuniary losses resulting from the unlawful practices c.omplained of in

paragraph 10, and its sub-parts, above, including ain and suffering, humiliation, embarrassment,

and loss of life's pleasures, in amounts to be dete ined at trial. I. Order Defendant Employer to pay hirley Hicks punitive damages for its malicious

and reckless conduct described in paragraph I0 and its sub-parts, above, in amounts to be

determined at trial.
J. Grant such further relief as the Court deems necessary and proper in the public

interest.

6

Case 2:05-cv-04828-WJM-RJH Document 1-1 Filed 10/05/2005 Page 7 of 7

K. Award the Commission its costs ofthis action. UJRY TRIAL DEMAND
The Commission requests a jury trial on all' questions of fact raised by its complaint.

Respectfully submitted,
JAMES L. LEE
Deputy General Counsel

GWENDOLYN YOUNG REAMS
Associate General Counsel

EQUAL EMPLOYMENT OPPORTIJNITY COMMISSION

~ ~ f-1~/)/le )1N (tf16.l

CQLJLiNEH.MCNAIR

./

Regional Attomey

Supervisory Trial Attomey
·~~ /sTEPANTE FIN ARINo
' ' ' Trial Attomey
Stephanie.Marino@eeoc.gov
NJ Bar No. 03193-1995 U.S. EEOC, Philadelphia District Office 21 S. 5"' Street, Suite 400 Philadelphia, PA 19106 (215) 440-2828 (main) (215) 440-2848(fax)

7

 
 Case 2:05-cv-04828-WJM-RJH Document 10 Filed 05/04/2006 Page 1 of 1

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY ----------------------------X EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Closed

Plaintiff,

Civil Action No. 05-4828WJM

v.

ORDER OF DISMISSAL

PORT ELIZABETH TERMINAL & WAREHOUSE,

Defendants. ----------------------------X

It has been reported to the Court that the above-captioned matter has been settled;
It is on this 4th day of May, 2006 ORDERED that this action is hereby dismissed without costs and without prejudice. The Court retains jurisdiction of this matter to the extent necessary to enforce the terms and conditions of any settlement entered into between the parties.

s/William J. Martini _____________________________
WILLIAM J. MARTINI, U.S.D.J.

 
 Case 2:05-cv-04828-WJM-RJH Document 11 Filed 06/15/2006 Page 1 of 11

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

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

vs.

)

)

PORT ELIZABETH TERMINAL & )

WAREHOUSE (a subsidiary of the

)

Judge Organization),

)

)

______________ _ ~D~e~f~en~d~a~n~t.~ _____)

CIVIL ACTION NO.: 05-cv-4828 (WJM) JURY TRIAL DEMANDED

CONSENT DECREE
Introduction A. This action was instituted by the U.S. Equal Employment Opportunity Commission ("the EEOC" or "the Commission") on or about October 5, 2005 against Port Elizabeth Terminal & Warehouse Corp. ("Port Elizabeth" or "Defendant") to enforce provisions ofTitle VII ofthe Civil Rights of 1964, as amended, 42 U.S.c. § 2000e et seq. ("Title VII") and the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.c. § 626(b) ("ADEA"). In its Complaint, the Commission alleged that Charging Party, Shirley Hicks, an African American female, was wrongfully terminated on the basis of her race and age. As a result of the alleged racial and age discrimination, the Charging Party suffered severe emotional distress and damages as a result ofthe aforementioned illegal conduct of the Defendant. B. This Consent Decree is entered into by and shall be final and binding between the EEOC and Port Elizabeth, its directors, officers, agents, successors and assigns. C. The Commission and Defendant agree to the entry of this Consent Decree, which

Case 2:05-cv-04828-WJM-RJH Document 11 Filed 06/15/2006 Page 2 of 11
shan funy and finany resolve an claims the EEOC raised in its Complaint in Civil Action No. 05-cv4828 (WJM). This Consent Decree shan not constitute either an adjudication of or finding on the merits ofthe complaint and shan not be construed as an admission by Defendant of any violation of Title VII and/or the ADEA. To the contrary, Defendant denies all said anegations and points to its record ofdiversity hiring, employment ofpersons ofan races and age, and its 82 year history without any other such claim. Defendant avers that it is entering into this Consent Decree for the main purpose of conserving resources and avoiding the burden, expense, delay and uncertainties of litigation.
Findings D. Having carefuny examined the tenns and provisions of this Consent Decree, and based on the pleadings, record and stipulations of the parties, the Court finds: (1) it has jurisdiction ofthe parties and subject matter jurisdiction of this action; and (2) the tenns of this Decree are fair, reasonable, equitable and just, and adequately protect the rights ofthe parties, and the public interest. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
Non-Discrimination and Non-Retaliation I. This Court has jurisdiction over the parties and subject matter of this action. 2. Defendant win not harass or discriminate against any employee on the basis of race and/or age in violation of Title VII and the ADEA. 3. Defendant win not engage in any employment practices which retaliate in any manner against any person because of that person's opposition to any practice made an unlawful employment practice under Title VII and/or the ADEA or because that person has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under Title
2

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VII and/or the ADEA 4. Defendant shall only divulge to any identifiable employer or potential employer of
Shirley Hicks, Ms. Hicks' start date, position title, final salary and end date and indicate that such limited disclosure is part of its business practice.
5. Nothing in this Consent Decree, either by inclusion or exclusion, shall be construed to limit the obligations ofDefendant under Title VII orthe ADEAorthe EEOC's authority to process or litigate any charge of discrimination now pending or filed in the future against Defendant.
Monetary Relief 6. No later than 15 days after receipt of a Release executed by Ms. Hicks, Defendant agrees to pay monetary reliefin the amount of$28,500.00 to Shirley Hicks, in full settlement ofthe claim raised on her behalf against Defendant in the EEOC's Complaint and any other claims she may have, as detailed in the Settlement Agreement and General Release entered into by Defendant and Shirley Hicks. A copy ofthe check wiII be mailed to Ms. Hicks' private residence and a copy within five business days thereafter shall be sent to the attention of Stephanie Marino, Trial Attorney, EEOC, 21 South Fifth Street, Suite 400, Philadelphia, PA 19106-2515. In order to receive this monetary relief, Ms. Hicks must execute a Release, to be presented to her by Defendant. In the event that said Release is a general release which addresses any issue other than that raised in the EEOC's complaint, the cost of an attorney to review same on behalf of Ms. Hicks shall be borne by Defendant, not to exceed $300.00. Late payment of the check wiIl be subject to the accrual of interest on the unpaid amount, calculated pursuant to 28 U.S.c. § 1961.
Posting of Notice 7. Within 20 business days after entry of this Decree, Defendant shaII post at its
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Port Elizabeth work site(s) on all bulletin boards, used by Defendant for communicating with employees, same-sized copies of the Notice attached as Exhibit A to this Decree. The Notice shaH remain posted for two (2) years from the date of entry of this Decree. Defendant shall forward a certification that the Notice has been posted and dates of posting within 30 days after entry of this Decree to Stephanie Marino, Trial Attorney, EEOC, 21 South Fifth Street Suite 400, Philadelphia, PA 19106-2515. If posted copies become defaced, removed, marred or otherwise illegible, Defendant agrees to post a readable copy in the same manner as heretofore specified.
Non-Discrimination and Anti-Harassment Policies and Complaint Procedures 8. Defendant agrees to draft a policy against race and age discrimination, harassment and retaliation, as weH as complaint procedures, which shall be drafted in plain and simple language. Defendant shall ensure that its policy or policies against race and age discrimination, harassment and retaliation and related complaint procedures meet the following minimum criteria: (a) state that Defendant: (i) prohibits discrimination against employees on the basis of race and age and prohibits retaliation in violation of Title VII and/or the ADEA; (ii) prohibits retaliation against employees for opposing employment practices they reasonably believe are discriminatory or for participating in an investigation by the EEOC or a state or local governmental agency of a charge ofdiscrimination under Title VII and/or the ADEA; (iii) prohibits any act, policy or practice that has the effect of harassing or intimidating any employee on the basis of race and/or age, in violation of Title VII and the ADEA; and (iv) prohibits any act, policy or practice that has the effect of creating, facilitating or permitting the existence of a work environment that is hostile to employees through acts such as physical/verbal abuse and derogatory comments based on race and/or age, in violation of Title VII and the ADEA;
4

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(b) include a complaint procedure designed to encourage employees to come forward with complaints regarding violations of its policy or policies against race and age discrimination, harassment and retaliation, which shall meet the following minimum criteria: (i) provide effective mechanism(s) for reporting incidents ofrace and age discrimination, harassment and retaliation; (ii) provide that the complaints of race and age discrimination, harassment and/or retaliation can be made either in writing or verbally; (iii) identify an employee or employees at Defendant's worksite(s), to whom an employee can make a complaint; (iv) encourage prompt reporting by employees; and (v) provide assurances that complainants shall not be subjected to retaliation;
(c) provide for prompt investigation of complaints of race and age discrimination, harassment and/or retaliation;
(d) provide for prompt communication to the complaining party of the results of the investigation and any remedial actions taken or proposed; and
(e) provide for discipline up to and including discharge ofan employee or supervisor who violates Defendant's policy or policies against race and age discrimination, harassment and retaliation, and for increasingly severe discipline of repeat offenders.
9. Defendant shall distribute to all of its employees and newly-hired employees, its policy or policies against race and age discrimination, harassment and retaliation within 60 days after entry of this Consent Decree.
10. Within 60 days after entry ofthis Consent Decree, Defendant shall advise Stephanie Marino, Trial Attorney, EEOC's Philadelphia District Office, that its policy or policies against race and age discrimination, harassment and retaliation have been distributed to current employees, including temporary employees, via paycheck enclosure or other procedure to ensure full
5

Case 2:05-cv-04828-WJM-RJH Document 11 Filed 06/15/2006 Page 6 of 11
dissemination, and that new employees, including temporary employees, will receive these policies and an opportunity to acknowledge receipt. Defendant will retain copies of any acknowledgment of receipt form for an employee in the employee's personnel file.
11. Defendant shall annually for the duration of the Consent Decree send a copy of its policy or policies against race and age discrimination, harassment and retaliation with each employee's paycheck or other procedure to ensure full dissemination.
Supervisor Accountability 12. Defendant shall promote supervisor accountability by the following conduct: (a) providing annual anti-discrimination training to all ofits supervisory and managerial personnel as set forth in Paragraphs 13; (b) disciplining, up to and including discharge, any supervisor or manager who violates Defendant's policy or policies against race and age discrimination, harassment and retaliation; and (c) imposing on all managers and supervisory personnel a duty to administer their work areas to ensure compliance with Defendant's policy against race and age discrimination, harassment and retaliation; and (d) requiring all managers and supervisors to report any incidents and/or complaints of race and/or age discrimination, harassment and/or retaliation of which they become aware to the employee or employees designated to handle complaints ofrace and age discrimination, harassment and retaliation.
Training 13. Defendant shall provide training on the requirements of Title VII as follows: (a) Defendant agrees to provide annual training sessions for any employee or employees at its Port Elizabeth work sites responsible for responding to Title VII and/or ADEA complaints
6

Case 2:05-cv-04828-WJM-RJH Document 11 Filed 06/15/2006 Page 7 of 11
made at Port Elizabeth by a vendor approved by the EEOC. The training will cover employee rights and employer obligations under both Title VII and the ADEA and relevant state or local antidiscrimination laws, and will emphasize what constitutes unlawful harassment and discrimination in the workplace, how to keep the company free from such race and age discrimination, what constitutes unlawful retaliation, and will summarize how to conduct a prompt and effective investigation into allegations, complaints or charges of race and age discrimination;
(b) Defendant shall first provide training in accordance with Paragraph 13(a) by no later than 90 calendar days after entry of this Consent Decree and also shall provide such training in calendar year 2007.
14. Defendant shall obtain the EEOC's approval ofits proposed trainer prior to each year's training session, and Defendant's undersigned counsel shall update those supervisors each year thereafter as required hereby.
15. Defendants agree at its expense to provide the EEOC with copies of all pamphlets, brochures, outlines or other written materials provided to attendees of training sessions. Even though the EEOC has approved of or designated a trainer to provide training for one year, it is not required to approve of or designate the same trainer for future training sessions.
16. Defendant shall certify to the EEOC in writing within 10 business days after the training sessions required by Paragraph 13 have occurred that the training has taken place and the personnel who attended. Such certification shall include: (i) the dates, location and duration of the training session; (ii) a copy of the registry of attendance, including the name and position of each person in attendance; and (iii) a listing ofthe employee or employees at Port Elizabeth's work site(s), responsible for responding to Title VII and ADEA complaints made at Port Elizabeth as of the date of the training.
17. Defendant shall furnish to the EEOC the following written reports annually for a
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Case 2:05-cv-04828-WJM-RJH Document 11 Filed 06/15/2006 Page 8 of 11
period of two (2) years following entry ofthis Decree with the first report due twelve (12) months after entry of the Decree and the final report due 24 months after entry of the Decree. Each such report shall contain:
(a) a certification by Defendant that the Notice required to be posted by Paragraph 7 was posted during the twenty-four (24) months following entry of this Consent Decree;
(b) a certification by Defendant that it has or will distribute the policy or policies against race and age discrimination, harassment and retaliation annually to employees, and that Defendant has disseminated the policy against race and age discrimination, harassment and retaliation to all new employees, including temporary employees, hired within the twelve-month period preceding the report;
(c) a certification that Defendant has complied with training requirements ofthis Consent Decree;
(d) a summary of any additional actions Defendant took to prevent race and age discrimination, harassment and retaliation at Port Elizabeth's work site(s) during the twelve-month period preceding the report.
Dispute Resolution 18. In the event either party to this Decree believes the other party has failed to comply with any provision(s) ofthe Decree, the complaining party shall notifY the other party ofthe alleged non-compliance within 20 days ofthe alleged non-compliance and afford the alleged non-complying party 20 business days to remedy the non-compliance or satisfy the complaining party that the alleged non-complying party has complied. lfthe alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within 20 business days, the complaining party may apply to the Court for appropriate relief.
Miscellaneous Provisions
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Case 2:05-cv-04828-WJM-RJH Document 11 Filed 06/15/2006 Page 9 of 11
19. Each party to this Decree shall bear its own expenses, costs and attorneys' fees, except as set forth in paragraph 6.
20. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, successors and assigns of Defendant in their capacities as representatives, agents, directors and officers of Defendant and not in their individual capacities. This paragraph shall not be construed as placing any limit on remedies available to the Court in the event any individual is found in contempt for a violation ofthis Decree.
21. This Consent Decree shall fully and finally resolve all claims which were raised by the EEOC in its Complaint in Civil Action No. 05-cv-4828.
22. This Consent Decree shall be filed in the United States District Court for the District ofNew Jersey and shall continue in effect for two (2) years. During this time, this Court shall retain jurisdiction over this matter and the parties for purposes of enforcing compliance with the Decree, including issuing such orders as may be required to effectuate its purposes. Any application by any party to modify or vacate this Consent Decree during such period shall be made by motion to the Court on no less than 30 days' notice to the other party. Should any material disputes under this Decree remain unresolved after this four-year period, the term of the Decree shall be automatically extended (and the Court will retain jurisdiction of this matter to enforce the Consent Decree) until such time as all disputes have been resolved.
23. The Clerk of the District Court is hereby directed to send a file-stamped copy ofthis Consent Decree to counsel of record.
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Case 2:05-cv-04828-WJM-RJH Document 11 Filed 06/15/2006 Page 10 of 11

For Plaintiff EEOC:

For Defendant Port Elizabeth Terminal & Warehouse Corp.:

James L. Lee Deputy General Counsel

Gwendolyn Young Reams Associate General Counsel Wash., D.C.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

;2<tC.i'{&~ )i. V't!1i1Y'v IW3

J cqueline H. McNair

I

Regional Attorney

J)fdith A. O'Boyle Supervisory Trial Attorney
teph ie Marino Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Philadelphia District Office 21 S. 5th Street, Suite 400 Philadelphia, PA 19106 (215) 440-2828

Saul Ewing, LLC 750 College Road East, Suite 100 Princeton, NJ 08540-6617
and Donald J. Vogel, Esquire Scopelitis, Garvin, Light & Hanson 30 West Monroe Street, Suite 600 Chicago, IL 60603
Date: -'--/--'--f--'-'=--

10

Case 2:05-cv-04828-WJM-RJH Document 11 Filed 06/15/2006 Page 11 of 11

EXHIBIT A

NOTICE TO ALL PORT ELIZABETH TERMINAL & WAREHOUSE EMPLOYEES

This Notice is posted pursuant to a Consent Decree entered by the federal court for the District of New Jersey memorializing a voluntary settlement by the parties in EEOC v. Port Elizabeth Terminal & Warehouse Corp., Civil Action Number 05-cv-4828, a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Port Elizabeth Terminal & Warehouse Corp. ("Port Elizabeth")

Title VII ofthe Civil Rights Act ofl964, 42 U.S.C. § 2000e et seq., as amended ("Title VII") and the Age Discrimination in Employment Act of1967, 29 U.S.C. §626(b), as amended ("ADEA"), prohibits discrimination against employees and applicants for employment based upon national origin, sex, race, color or religion and age, respectively. Title VII and the ADEA further prohibits retaliation against employees or applicants who avail themselves of their rights under Title VII and/or the ADEA by engaging in protected activities, such as filing a charge ofdiscrimination and/or testif'ying or participating in a Commission investigation. The EEOC is the federal agency which investigates charges of unlawful employment discrimination. The EEOC has the authority to bring lawsuits in federal court to enforce Title VII and the ADEA.

In its lawsuit, the EEOC alleged that Port Elizabeth subjected an employee to discrimination based on race and age in violation of Title VII and the ADEA. Port Elizabeth denies the claim, and has defenses which it believes defeats the claim.

To resolve the case, Port Elizabeth and the EEOC have entered into a Consent Decree which provided, among other things, that: (l) Port Elizabeth denied any liability as alleged and no finding of liability was made; (2) Port Elizabeth agrees that it will not discriminate on the basis of race and/or age in the future; (3) Port Elizabeth will not retaliate against any person because he or she opposed any practice made unlawful by Title VII and/or ADEA, filed a Title VII and/or ADEA charge of discrimination, participated in any Title VII and/or ADEA proceeding, or asserted any rights under the Consent Decree; and (4) Port Elizabeth will maintain training any employee or employees at Port Elizabeth's work sites with responsibility for responding to Title VII complaints made at Port Elizabeth, regarding race and/or age discrimination, harassment and retaliation, and regarding its policy prohibiting race and age discrimination, harassment and retaliation.

Ifyou believe you have been discriminated against, you may contact the EEOC at (215) 4402600. The EEOC charges no fees and has employees who speak languages other than English.

THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE

This Notice must remain posted for two (2) years from the date below and must not be

altered, defaced or covered by any other material. Any questions about this Notice or compliance

with its terms may be directed to the Regional Attorney, EEOC Philadelphia District Office, 21

South Street, Phila phia, PA 19106.

,-

,/

I

)

DATED:
I

DATED: ---"G,~/_:S-,-/_D__ b ____

 
 CM/ECF LIVE - U.S. District Court for the District of New Jersey - Docket Report

Page 1 of 3

U.S. District Court District of New Jersey [LIVE] (Newark) CIVIL DOCKET FOR CASE #: 2:05-cv-04828-WJM-RJH

CLOSED

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Date Filed: 10/05/2005

v. PORT ELIZABETH TERMINAL & WAREHOUSE

Date Terminated: 05/04/2006

Assigned to: Judge William J. Martini

Jury Demand: Plaintiff

Referred to: Magistrate Judge Ronald J. Hedges

Nature of Suit: 440 Civil Rights: Other

Cause: 42:2000 Job Discrimination (Age)

Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by STEPHANIE MARINO U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 SOUTH 5TH STREET SUITE 400 PHILADELPHIA, PA 19106-2515 215-440-2841 Email: stephanie.marino@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
PORT ELIZABETH TERMINAL & WAREHOUSE (a subsidiary of the Judge Organization)

represented by MICHAEL J. CONLAN SAUL EWING LLP 750 COLLEGE ROAD EAST SUITE 100 PRINCETON, NJ 08543 (609) 452-3124 Fax: (609) 452-3122 Email: mconlan@saul.com ATTORNEY TO BE NOTICED

Date Filed 02/13/2005
10/05/2005

#

Docket Text

4 STIPULATION AND ORDER extending deft's time to answer an additional 30 days to 1/10/06. Signed by Judge Ronald J. Hedges on 12/13/05. (nr, ) (Entered: 12/15/2005)

1 COMPLAINT against PORT ELIZABETH TERMINAL & WAREHOUSE JURY DEMAND, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(dr, ) Additional attachment(s) added on 10/11/2005 (dr, ). Additional attachment(s) added on 10/11/2005 (dr, ). (Entered: 10/07/2005)

https://ecf.njd.uscourts.gov/cgi-bin/DktRpt.pl?963148638674741-L_353_0-1

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10/07/2005 12/05/2005
12/07/2005
01/17/2006 01/17/2006 01/19/2006
01/19/2006
02/03/2006 02/06/2006 04/28/2006 05/04/2006 06/15/2006

Summons Issued as to PORT ELIZABETH TERMINAL & WAREHOUSE.Days Due - 20. mailed to counsel(dr, ) (Entered: 10/07/2005)
3 SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. PORT ELIZABETH TERMINAL & WAREHOUSE served on 11/21/2005, answer due 12/12/2005. (nr, ) (Entered: 12/09/2005)
2 STIPULATION for Extension of Time for Defendant to Answer Plaintiff's Complaint by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1)(MARINO, STEPHANIE) (Entered: 12/07/2005)
5 ANSWER to Complaint by PORT ELIZABETH TERMINAL & WAREHOUSE.(CONLAN, MICHAEL) (Entered: 01/17/2006)
6 STATEMENT by PORT ELIZABETH TERMINAL & WAREHOUSE. (CONLAN, MICHAEL) (Entered: 01/17/2006)
7 MOTION for Leave to Appear Pro Hac Vice by PORT ELIZABETH TERMINAL & WAREHOUSE. (Attachments: # 1 Declaration of Michael Conlan# 2 Declaration of Donald Vogel# 3 Declaration of Sara Pettinger# 4 Text of Proposed Order Admitting Counsel Pro Hac Vice) (CONLAN, MICHAEL) (Entered: 01/19/2006)
Set Deadlines as to 7 MOTION for Leave to Appear Pro Hac Vice. Motion Hearing set for 2/14/2006 10:00 AM before Judge William J. Martini. (nr, ) (PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (Entered: 01/20/2006)
8 ORDER Initial Conference set for 4/17/2006 10:30 AM in Newark Courtroom 2C before Magistrate Judge Ronald J. Hedges.. Signed by Judge Ronald J. Hedges on 2/3/06. (nm, ) (Entered: 02/03/2006)
9 ORDER granting 7 Motion for Leave to Appear Pro Hac Vice as to Donald J. Vogel and Sara L. Pettinger. Signed by Judge Ronald J. Hedges on 2/6/06. (jd, ) (Entered: 02/07/2006)
Minute Entry for proceedings held before Judge Ronald J. Hedges : Settlement Conference held on 4/28/2006. (nm, ) (Entered: 05/03/2006)
10 ORDER DISMISSING CASE- reported settled. Signed by Judge William J. Martini on 5/4/06. (gh, ) (Entered: 05/04/2006)
11 CONSENT DECREE . Signed by Judge William J. Martini on 6/15/06. (gh, ) (Entered: 06/16/2006)

PACER Service Center
Transaction Receipt

https://ecf.njd.uscourts.gov/cgi-bin/DktRpt.pl?963148638674741-L_353_0-1

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CM/ECF LIVE - U.S. District Court for the District of New Jersey - Docket Report

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PACER Login:

hs0328

Description:

Docket Report

Billable Pages:

2

06/07/2007 15:59:49

Client Code:

eeoc

Search Criteria:

2:05-cv-04828-WJM-RJH Start date: 1/1/1970 End date: 6/7/2007

Cost:

0.16

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6/7/2007