Case 2:05-cv-04773-PD Document 1 Filed 09/06/2005 Page 1 of 8

IN THE UNlTED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
WHEELS OF WELLNESS, INC., Defendant.

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Civil Action No.

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COMPLAINT

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JURy TRIAL DEMAND

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NATURE OF THE ACTION

The United States Equal Employment Opportunity Commission (lhe "Commission"),

brings !his action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights

Act of 199110 correct unlawful employment practices on lhe basis ofsex and 10 provide

appropriate relief to Michelle Brunson and a class ofsimilarly situated female employees who

were adversely affected by such unlawful employment practices while employed by Defendant,

Wheels of Wellness, Inc.

Ai; alleged with greater particularity in paragraph 7 below, the Commission alleges that

Michelle Brunson and a class of similarly situated female employees were subjected to sexual

harassment by Supervisor Roger Russell which included offensive and unwelcome touching and

sexually offensive and lewd comments. Although Ms. Brunson and other female employees

complained to Defendant Employer about the sexual harassment by RllSsell, Defendant failed to

take prompt remedial action, and the harassment continued. As a result ofthe hostile work

environment, Michelle Brunson was forced to take extended medical leave. Ms. Brunson and a

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Case 2:05-cv-04773-PD Document 1 Filed 09/06/2005 Page 2 of 8
class ofsimilarly-situated female employees suffered damages, including lost wages and severe emotional distress because of the sexually hostile work environment tolerated and condoned by Defendant Employer.
JURISDICfION AND VENUE I. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to § 706(1)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. "§ 2000e-5(f)(1) and (3)" ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court fur the Eastern District of Pennsylvania.
PARTIES 3. Plaintiff, the Equal Employment Opportunity CommisB.ion (the "Commission"), is
me 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) of Title Vll, 42 U.S.C. § 2000e-5(f)(l) and (3).
4. At all relevant times mentioned herein, Defendant, Wheels ofWellness, Inc. (the "Employer"), has continuously been doing buiiiness in the Commonwealth of Pennsylvania and the City ofPhiladeiphia. and has continuously had alleast 15 employees.
5. At ali relevant times, Defendant Employer has continuonsly been an employer engaged in an indusLry affecting commerce within the meaning of § 70l(b), (g) and (h) of Title VII, 42 U.S.C. §§ 20QOe(b), (g) and (h).
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STATEMENT OF CLAIMS
6. More !han thirty days prior to the institution oflhis lawsuit, Michelle Brunson filed a charge of discrimination with the Commission alleging violations of Title VII by
Defendant Employer. All conditions precedent to the institution oflhis lawsuit have been fulfilled.
7. Since at least December 0[2003, Defendant Employer has engaged in unlawful employment practices at its Philadelphia, Pennsylvania location in violation of § 703(a)(J) of Title VII, 42 U.S.C. § 2000e-2(a)(1), by subjecting Michelle Brunson and a class of similarly situated female employees to a sexually hostile work environment. The unlawful employment
practices include, but are not limited to, the following: (a) Michelle Brunson became employed by Defendant Employer in October of2000,
as an MDT Monitor, reporting to Supervisor Roger Russell. (b) Begiruring in December 2003, Defendant's Supervisor, Roger Russell, began
making unwelcome and sexually suggestive innuendoes, remarks, and comments, including repeated requests for oral sex from Ms. Brunson. In addition, Russell attempted to look down her blouse, and incited other male employees to engage in sexual harassing behavior toward Ms. Brunson.
(c) Mr. Russell's behavior included offeru;ive and unwelcome touching, including grabbing Ms. Brunson on various parts of her body, hugging her, and attempting to kiss her. In January of2004, Mr. Russell attempted to kiss Ms. Brunson, while cornering her in an elevator.
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(c) In June 2004, Ms. Brunson complained to Keith Grey, MDT Lead, about Russell's sexual haraS$IJ\ent and asked that something be done to stop the sexual harassment. Although Mr. Grey spoke with Russell about the conduct, the sexual harassment continued unabated. Furthermore, Russell told Grey, referring to Ms. Brunson, "I treat her the way r want to treat her."
(.f) On August 20, 2004, Ms. Brunson complained to Meryl Jones, a manager of Service Review, about Mr. Russell's inappropriate conduct. Ms. Jones informed Ms. Brunson that numerous complaints of sexuallwrnssment had been made for years against Mr. Russell, but that Defendant had never taken any corrective action against him.
(g) On August 20, 2004, Ms. Brunson made a formal complaint to Defendant's Human Resource Managers, Barbara Denning and Susan Babcock. On September 14, 2005, Defendant advised Ms. Brunson that she was being transferred out of the MDT department.
(h) On Octobe.: 15, 2004, Ms. Brunson went out on leave on October 21, 2004, due to the sness and anxiety she was experiencing lIS a result of the sexual harassment and subsequent transfer. On November 24, 2004, Ms. Brunson took extended Family Medicalleavc under the Family Medical Leave Act (FMLA). She returned to work on April I I, 2005.
(i) Defendant Employer received numerous sexual haras&m.cnt complaints against Mr. Russell since at least 1994. Based on the long history of sexual harassment complaints against Mr. Russell, Defendant knew or should have known about the sexually hostile work environment to which Charging Party and other females were being subjected, but failed to take prompt remedial action to stop the haraS$IJ\ent.

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(j) Roge.- Russell also sexually harassed a class of similarly situated females, including subjecting them to unwelcome sexually graphic comments, and unwelcome physical touching.
(k) Despite the objections and complaints from the class of female employees, Defendant Employer took no prompt remedial action 10 cause the wrongful conduct to cease.
8. The effect of the practices complained of in paragraphs 7(a) through (k) above have been to deprive Michelle Brunson and a class ofsimilarly-situated female employees of equal employment opportunities and otherwise affect adversely their status as employees because of111eir sex.
9. The unlawful employment practices complained ofin paragraphs 7(a) through (k) above were intentional.
10. The unlawful employment practices complained of in paragraphs 7(a) through (k) above were done with malice or with reckless indifference to the federally protected rights of Michelle Brunson and a class of similarly-situated female employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that tills Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all penmns in active concert or participation with it, from engaging in sexual harassment, and any other employment practice which 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 women, which provide for a
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harassment free work environment, and which eradicate the efTects of its past and present unlawful employment practices.
C. Order Defendant Employer to institute and carry out anti-discriminatIon and sexual harassment policies and complaint procedures.
D. Order Defendant Employer to institute and carry out complaint procedures which encourage employees to come forward with complaints reganiing violations of its policies against discrimination and harassment.
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 compliance with policies on non-discrimination and anti-harnssment; and requiring all managers and supervisors to report any incidents andlor complaints of harassment and/or retaliation of which they become aware to the department charged with handling such complaints.
F. Order Defendant Employer to make whole Michelle Brunson and a class of affected female employees by providing appropriate back pay and front pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to e.:adicate the effects of its unlawful employment practices.
G. Order Defendant Employe.: to make whole Michelle Brunson and a class of affected female employees by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 (a) through (h) above, including, but not limited to out-of-pocket losses, in amounts to be determined at trial.
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Case 2:05-cv-04773-PD Document 1 Filed 09/06/2005 Page 7 of 8 H. Order Defendant Employer to IIllIke whole Michelle Brunson and a class of affected female employees by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraphs 7 (a) wough (h) above, including pain and suffering, humiliation, embarrassment, loss oflife's enjoyment and pleasures, depression, anxiety and inconvenience, in amounts to be determined at trial. I. Order Defendant Employer to pay Michelle Brunson and a class of affected female employees punitive damages for its malicious and reckless conduct described in paragraphs 7 (a) through (h) above, in amounts to be detarmined at trial. J. Grant such further relief as the Court deems necessary and proper in !he public interest. K. Award the CommIssion the costs of this action.
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JURY TRIAL DEMAND The Commission requests ajurytrial on ali questions offact raised by its complaint.
Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
u.s. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION 1801 LStreel,NW Washington DC 20 07
~a.(j~L ITH A. O'BOYLE Supervisory Trial Attorney
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MAR . TIERNAN
Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMM]SSION Philadelphia District Office 21 South Slh Street, Suite 400 Philadelphia, PA 19106 (215) 440-2642 (direct dial) (215) 440-2848 (FAX)
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 IN THE 1mITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORT1J:.IITY)

COMMISSION,

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Plaintiff,

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v.

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WHEELS OF WELLNESS

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Defendant.

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Civil Action No. 05·04773 (?SD)

CONSENT DECREE

Introduction

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

Commission ("the EEOC" or "the Commission) on September 6, 2005, against Wneels of

Wellness to enforce provisions of Title VII of the Civil Rights of 1964, as amended, 42 U.S.C. §

2000. et Wj, ("Title Vll"). The Commission alleged that Wheels of Weline", Inc. ("Wheels of

Wel1ness"') discriminated against Michelle Brunson as well as a class of female employees who

worked at Wheels of Wellness' Philadelphia, PA facility, when they were subjected to sexually

explicit, insulting and derogatory comments and conduct from one of their supervisors. which

created a sexually hostile and offensive work environment based on their sex, female. The

Commission alSo. alleged that Wheels of Wellness fail~ to undertake prompt, etTectivcj remedial action to stOp the offensive and discriminatory conduct. Further, the Commission maintained

that as a result of the sexually hostile work environment, the class of female employees suffered

emotional distress and damages. Wheels of Wellness denies these allegations and maintains that,

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at aU times, it ensured that a non-discriminatory work environment existed at the Philadelphia facility, and contends that it effectively enforced its polices against unlawful harassment.
B. This Consent Decree is entered into by and shall be final and binding between the EEOC and Wheels of Wellness, its directors. officers, agents, successors and assigns,
C. The Commission and Wheels of Wellne.. agree to the entry of this Consent Decree. which shaH fully and finally resolve al1-claims the EEOC raised in its Complaint in Civil Action No. 05~CV-4773 (PSD), This Consent Decree shaH not constitute either an adjudication of or finding on the merits of the complaint and shall not be construed as an admission hy Defendant of any violation ofTille VII.
Findings D. Having earefully examined the terms and provisions oftrus Consent Decree, and based on the pleadings, record and stipulations ofthe parties, the Court 1inds; (1) it has jurisdiCTion ofthe parties and subject matter jurisdiction of this action; and (2) the terms of this Decree are fair, reasonable. equitable and just. and adequately protect the rights of the parnes. class members and the public interest. NOW, THEREFORE, ITIS ORDERED, ADnJDGED AND DECREED THAT:
Non-Discrimination and Non-Retaliation 1. Wheels of Wellness agrees that il will provide workplaces free from sexual harassment, and agrees not to dis.."riminate on the basis of sex in violation of Title VII. 2. Wheels ofWeilness agrees that it will not engage in any employment practices which retaliate against any person, including but not limited to Michelle Bnrnson (,;Ms. Brunson"), Renee Bey ("Ms. Bey"), Cheryl Coates ("Ms. Coates"), Traci Johnson ("Ms.
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JohnSDn"), Rochelle Albert ,'Ms, Albert"), and Latonia Creighton Smith ("Ms, Smi"'''), because of that person's opposition to any practice made an unlawful employment practice under Title VB or because that person has made a charge. testified. assisted or participated in any ma:nner in
an investigation, proceeding or hearing under Titie VII.
3. Unless required to do so by law, Wheels of Wellness shall not divulge, to any
employer or potential employer of the women listed in Paragraph 2, the facts or circumstances set forth ln the EEOC's complaint against Wheels of Wellness in this case or the participation of Ms. Brunson, Ms. Bey, Ms. Coates, Ms, Johnson, Ms. Albert andioT Ms, S:nith to this Consent Decree in the litigation ofthis action,
4. Nothing in this Consent Decree, either by inclusjon or exclusion. shaH be construed to limit the obligations of\Vheels of \Venness under Title VII or the EEOC's authority to process OT litigate any charge of discrimination now pending Or filed in the future against Wheels of Wellness except for any act of discrimination relating" regarding Of referring to Ms. Brunson. Ms. Bey. Ms. Coates. Ms. Johnson, Ms. Albert andlor Ms. Smith.
Monetary ReHef 5, Within 14 business days atler receipt oflhe General Release executed by Ms. Brunson, and the Commission's Release, a copy of which is attached hereto as Exhibit 1 executed respectively by Ms, Sey, Ms, CoaleS, Ms, Johnson, Ms, Albert and Ms, Smith and of the filing of this Consent Decree in full settlement of the claims against Defer:dant which were raised in the Commission's Complaint. Defendant Whee\s of Wellness agrees to pay monetary relief in the total amount ofS60.200 as follows: a, Ms, Brunson: $30,200;
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b. Ms. Bey: $6,000; c. Ms. Coates: $6,000; d. Ms. Johnson: $6,000;
•• Ms. Albert: $6,000; and
f. Ms. Smith; $6,000. Within five business days tbereafter~ a copy ofme foregoing checks will be mailed to the attention of Rachel M. Smith, Trial Attorney, EEOC, 21 South Fifth Street, Suite 400, Philadelphia, PA 19106-2515. Late payment oflh. check will he subject to the .",rual of interest on the unpaid amount. calculated pursuant to 28 U.s.C. § 1961, The checks will be mailed to the foregoing persons at the addresses provided by the EEOC, and for purposes of timeliness, payments are considered made on the date the checks are mailed to the addresses provided by the EEOC.
Posting of Notice 6. Wlthin 30 business days after entry of this Decree, Wheels of Wellness shall post a. Notice, a copy of which is attached hereto . . Exhibit 2, at Wheels of Wellness' Philadelphia, PA facility on all buUe'tin boards. used by Wheels ofWeUness for communicating with employees,
sam~si:led copies of the Notice, The Notice shall remain posted for three (3) years from the date
of this Consent Decree. Wheels of Wellness will forward the location and dates of posting within 30 days after entry of this Decree to Rachel M. Smith, Trial Atlomey, EEOC, 21 Soutb Fifth Slreet Suite 400, Philadelphia, PA 19106-2515, Ifposted copies become defaced, removed, marred or otherwise illegible, Wheels ofWeUness agrees to post a readable copy in the same manner as heretofore specified.
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Non-Dis£rimination and Anti-Harassment Policies and Comp)~nt Procedures 7. Wheels of Wellness' policy against discrimination, harassment and retaliation and compJaint procedures shall be drafted in plain and simple language. Wbeels of Wellness shall ensure that its policy or policies against discriminatjon, harassment, and related complaint procedures meet the following minimum criteria: (a) State that Wheels of Wellness: (i) prohibits discrimination against e..-npioyees on the basis of sex. in violation of Title VII; (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 of discrimination Wlder Title VII; (iii) prohibits any act, policy or practice that has the effect of harassing or intimidating any employee on the basis of sex, in violation of Title VII; 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 sex, in violation of Title VII; (b) Includes a complaint procedure intended to encourage employees to corne forward with complaints regarding violations of its policy or policies against discrimination, harassment and retaliation. which shan meet the fonowing minimum criteria.: (i) provide effective mechanism(s) for reporting incidents of discrimination. harassment and retaliation; (il) provide that the complaints of discrimination, harassment and/or retaliation can be made either in writing Of verbally; (iii) identify employees in the Human Resources Department to whom an employee can make a comp1aiJl:t~ and (iv) provide assurances that complainants shall not be subjected to reta1iation;
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{c) Provide for prompt investigation of complaints of harassment; (d} Provide for prompt communication to the complaining party at the cessation of the investigation, as long as the complaining party is employed by Wheels of Wellness at that time; and; (e) _ Provide for discipline up to and including discharge of an employee or supervisor who violates Defendants' policy or poHcies against discrimination andlor harassment, and for increasingly severe discipline of repeat offenders, 8, Wheels of We line.. shall distribute to all of its employees and newly-hired employees, its policy or policies against discrimination, harassment and retaliation vvithin 90 days after entry of this Consent Decree. 9, Withln 90 days after entry of this Consent Decree, Wheels of Wellness shall advise Rachel M, Smith, Trial Attorney, EEOC's Philadelphia District Office, that its policy or policies against discrimination and harassment have been distributed to Current employees, including temporary employees, and that new employees. including temporary employees, will receive these policies and an opportunity to. acknowledge receipt. The distribution of the policies shall be to all employees working at Wheels of Wellness' Philadelphia, PA facility, Defendant will retain copies of any acknowledgment of receipt fann for an employee in the employee~s personnel file. 10, Wheels of Wellness shall annually for the duration of the Consent Decree provide a copy of its polic), or policies against discrimination, harassment and retaliation to each emplQyee.
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Supervisor Accountabiltiy 11. Wheels ofWellness shall promote supervisor accountability by the following conduct: (a) Providing anti-disctimination training to all of its supervisory and managerial personnel as set forth in Paragraph 12; (b) Disciplining. up to and including discharge, any supervisor or manager who violates Wheels ofWellness' policy or policies against discrimination, harassment and retaliation; and (c) Imposing on all managers and supervisory personnel a duty to administer their work areas to ensure compliance with Wheels of Wellness' polley against discrimination, harassment and ret<diation; and
an (d) Requiring managers and supervisors to report any incidents and/or eomplaints
ofharassmem and/or retaliation of which they become aware to the Human Resources Department, or officiais designated to accept such complaints.
Training 12. Wheels of WeJlness shall provide training on the requlrements of Titlt: VU as follows: (a) Wheels ofWeUness agrees to provide training sess.ions for all of its managers and supervisors, and for all Human Resources Department employees responsible for responding to Title VII complaints made by employees of Wheels of Wellness at Wheels of Wellness' Philadelphia, PA facility. Wheels of Wellness will advise the Commission
of the identity and qualifications of the trainer, and the da.,(,) of the expected training.
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The training will include training on employee rights and employer obligations under both Title VII and rele'vant state or local anti~discrimination laws~ will emphasize what constitutes unlawful harassment and discrimination in the workplace; discuss how to keep the company free from such discrimination; describe what constitutes unlawful retaliation and will summarize how to conduct a prompt and effective investigation into allegations, .complaints or charges of discrimination; (b) Defendant shall first provide training in accordance with Paragraph l2(a) no later than 180 calendar days after entry of this Consent Decree. A second training will take place before the expiration of the Consent Decree. 13, Wheels of WeUness agrees at its expense to provide the EEOC with copies of all pamphlets, brochures~ outlines or other written materials provided to attendees of training sessions. l4. Wheels of Wellness shall certify to the EEOC in writing within 20 business days after the rraining sessions required by Paragraph 12 has 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 ofattendance, including the name and position of each person in attendance~ and (iii) a listing of all managers. supervisors, or human resource officials in attendance who are responsible for responding to Title VII complaints made against Wheels of Wellness.
Dispute Resolution 15. In the event either party to this Decree believes the other party has failed to comply with any provision(s) of the Decree, the complaining party shall eotify the other party of
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the alleged non--compliance within 20 days ofthe alleged non-comp1iance and afford the aBeged non-complying party 20 business days to remedy the nowcompliance Qr satisfy the complaining party that the alleged non-oomplying party has complied, Ifthe alleged non-complying party has not remedied the a1leged non-compliance or satisfied the complaining party that it has complied within 20 business days, the complaining party may apply to the Court fur appropriate relief.
Miscet4meo;us Provisions 16. Each party to this Decree shall bear its own expenses, costs and attorneys' fees, 17. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, successors and assigns of Wheels of Wellness in their capacities as representatives, agents, directors and officers of Wheels of Wellness and not in their individual capacities. This paragraph shaH not be construed as placing any limit on remedies available to the Court in the event any individual is found in contempt for a vioiatJon of this Decree. 18. This Consent Decree shall fully and finally resolve all claims which were raised by the EEOC in its Complaint in Civil Action No, 05-4773 (PSD), 19, This Consent Decree shall be ftled In the United States District Court for the Eastern District of Pennsylvania and shall continue in effect for three (3) years. During this time, this Court shall retain jurisdiction over this matter and the parties: for purposes ofenforcing compHance with the Decree, including issuing sucll 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 10 the other party. Should any material disputes under this Decree remain unresolved after this eighteen-month period, the terms 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.

20. The Clerk cfthe District Court i, bereby directed to send a tile-stamped copy of

this Consent Decree to counsel of record.

21. If Defendant Wheels of Wellness ceases operations or no ~onger has an)'

employees, it will not have to comply with any of the tenns of tbe ongoing training, posting and

notification requirements of this agreement unless it re-opens operations or employs employees

within three (3) years after the entry of this consent decree.

22, On the third anniversary of this Consent Decree, the above captioned matter will

be dismis.sed "'lith prejudice.

For Plaintiff EEOC:

For Defendant Wheels of Wellness

James L. Lee Deputy C'reneral Counsel

Gwetulolyn Young Ream, Associate General Counsel Washington, D.C. EQUAL Er,..1PLOYMENTOPPORTl.;NITY COMMISSION

Jacqueline H. McNair
Regional Attorney
(l,A/rbJ!. c,. D ~7 L-..-
~ihA. O'Boyle
Supervisory Trial Attorney
~~diIJ Rachel M. mith Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

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,tine Sh z
Susanln, Widman & BrelUlall, P.C.
Suite 240, Executive Terrace 455 South Gulf Road King of Prussia. PA 19406-31 19 (610) 337-4531

Pniladelpbia District Office 21 S. 5" Street, Suile 4(]O Philadelphia, PA 19106 (215) 440·2642
By the Court: PAUL S. DIAMOND UNITED STATES DISTRICT JUDGE

;EXHIBIT 2

NOTICE TO ALL WHEELS OF WELLNESS EMPLOYEES

This Notice is posted pursuant to a Consent Decree entered by the federal. oourt for the Eastern District of Pennsylvania in ~EOC v, Whee's of Wellness. Civil Action Number 05-CV-4-773 (PSD), resolving a lawsuit filed by the Equal Employment Opportunity Commission (,'EEOC'"') against Wheels of Wellness.
Title VTI oftile Civil Rights Act of 1964, 42 u.s.c. § 2000. ~ seg., as amended ("Title VU''l,
prohibits discrimination agajnst employees and applicants for employment based upon national origin, sex, race. colQr or religion. Title VII further prohibits retaliation against employees or appli-cants who avail themselves oftheir rights under Tille VB by engaging in protected activities:. such as filing a charge of discrimination andlor testifying 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 Jaws\llts in federal court to enforce Title VII.

In its lawsuit, the EEOC alleged that Wheels of Wellness subjected employees to harassment based on sex in violation of Title VU of the Civil Rights Act of 1964 ("Title VII"), Wheels of Well ness denies these allegations,

To resolve the case, Wheels of Wellness. and the EEOC have entered Into a Consent Decree
which provided, among other things. that: (1) Wheels of Wellness pay monetary relief to several fonner employees; (2) Wheels of WeUness agrees that it will not discriminate on the basis of sex in the future; (3) Wheels of Wellness will not retaliate agajnst any person hecause he or she opposed any practice made
unlawful by Title VlI. flied a Title VH charge of discrimination. participated in any Title VB proceeding,
or asserted any rights under the Consent De(;r~ and (4) Wheels of WeUness will train ail managers and supervisors its facility and officials in its Human Resources Department with responsibility for responding to title VII l;omplaints regarding sexual harassment and retaliation, and regarding its policy prohibiting discrimination., harassment and retaliation.

If you believe you have been distriminated against, )"ou 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 three years from the date below and must not be altered, defaced or covered by any other material, Any questions about this Noti~ or compliance with its terms may be directed to the: Supervisory Trial Attomey, EEOC Philadelphia Distri¢,t Office, 21 South 5th Street, Philadelphia. PA 19106.

~~jJ /h"Jw;",

,$. Equal Employment Opportu' ."{!.., j

Commission

j; ;:y

DATED ~!c?:..1.iJ)L

Wheels of Well ness DATED: ____________________

 
 United States District Court Eastern District of Pennsylvania - Docket R... https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?343009783271257-L_3...
CLOSED, STANDARD
United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:05-cv-04773-PD

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. WHEELS OF WELLNESS, INC. Assigned to: HONORABLE PAUL S. DIAMOND Cause: 42:2000 Job Discrimination (Sexual Harassment)

Date Filed: 09/06/2005 Date Terminated: 12/12/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by JACQUELINE H. MCNAIR EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5TH ST STE 400 PHILADELPHIA, PA 19106 215-440-2687 LEAD ATTORNEY ATTORNEY TO BE NOTICED

JUDITH A. O'BOYLE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5TH ST STE 400 PHILADELPHIA, PA 19106 215-440-2687 Email: judith.oboyle@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

MARY M. TIERNAN EQUAL EMPLOYMENT OPPORTUNITY COMM PHILA DISTRICT OFFICE THE BOURSE BLDG 21 S. 5TH ST., STE 400 PHILADELPHIA, PA 19106 215-440-2828 LEAD ATTORNEY ATTORNEY TO BE NOTICED

RACHEL M. SMITH EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5TH ST.

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6/4/2007 2:00 PM

United States District Court Eastern District of Pennsylvania - Docket R... https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?343009783271257-L_3...

V. Defendant WHEELS OF WELLNESS, INC.

STE. 400 PHILA, PA 19106 215-440-2688 Email: rachel.smith@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by CHRISTINE N. SHULTZ SUSANIN WIDMAN & BRENNAN 455 S. GULPH RD SUITE 240 KING OF PRUSSIA, PA 19406 610-337-4510 Email: cnshultz@mmslaw.com ATTORNEY TO BE NOTICED

Date Filed 09/06/2005 09/06/2005 09/06/2005 10/06/2005
10/14/2005
10/21/2005 10/21/2005 10/24/2005

#

Docket Text

1 COMPLAINT against WHEELS OF WELLNESS, INC. , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(ss, ) (Entered: 09/06/2005)
Summons Issued, One original mailed as to WHEELS OF WELLNESS, INC.. Forwarded To: Counsel on 9/6/05 (ss, ) (Entered: 09/06/2005)
DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (ss, ) (Entered: 09/06/2005)
2 Affidavit of Service of TOM FREDERICKS re: service of Summons and Complaint upon MARYANN GRAMIACK on behalf of DEFENDANTS WHEELS OF WELLNESS, INC. by Personal Service on 9/22/2005, answer due 10/12/2005. (jpd) (Entered: 10/06/2005)
3 STIPULATION to extend time for answer to complaint by WHEELS OF WELLNESS, INC.. (SHULTZ, CHRISTINE) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 10/17/2005 (np). (Entered: 10/14/2005)
4 Defendant's ANSWER to Complaint by WHEELS OF WELLNESS, INC.. (Attachments: # 1 Certificate of Service)(SHULTZ, CHRISTINE) (Entered: 10/21/2005)
5 NOTICE of Appearance by CHRISTINE N. SHULTZ on behalf of WHEELS OF WELLNESS, INC. (SHULTZ, CHRISTINE) (Entered: 10/21/2005)
6 NOTICE of Hearing:RULE 16 SCHEDULING CONFERENCE SET FOR 11/8/2005 09:30 AM IN JUDGE'S CHAMBERS BEFORE HONORABLE PAUL S. DIAMOND. (cdj, ) (Entered: 10/24/2005)

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10/26/2005
11/10/2005 11/21/2005 12/07/2005
12/12/2005 01/25/2006 01/26/2006 01/27/2006

7 ORDER THAT THE PRETRIAL CONFERENCE IN THE ABOVE CAPTIONED CASE IS RESCHEDULED FOR 11/9/2005 AT 9:30 A.M. BEFORE HONORABLE PAUL S. DIAMOND. SIGNED BY JUDGE PAUL S. DIAMOND ON 10/26/05. 10/26/05 ENTERED AND COPIES MAILED AND E-MAILED.(jpd) (Entered: 10/26/2005)
8 Minute Entry for Pretrial Conference held before Judge PAUL S. DIAMOND on 11/9/05 (jpd) (Entered: 11/10/2005)
9 ORDER THAT A SETTLEMENT CONFERENCE IS SET FOR 12/7/2005 AT 9:30 AM IN COURTROOM BEFORE HONORABLE PAUL S. DIAMOND. SIGNED BY JUDGE PAUL S. DIAMOND ON 11/21/05. 11/22/05 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 11/22/2005)
10 ORDER THAT A TELEPHONE CONFERENCE IS SET FOR 12/12/2005 AT 10:00 A.M. IN JUDGE'S CHAMBERS BEFORE HONORABLE PAUL S. DIAMOND. SIGNED BY JUDGE PAUL S. DIAMOND ON 12/7/05. 12/7/05 ENTERED AND COPIES MAILED AND E-MAILED. (jpd) (Entered: 12/07/2005)
11 ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY JUDGE PAUL S. DIAMOND ON 12/12/05. 12/12/05 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(cj, ) (Entered: 12/12/2005)
12 SETTLEMENT AGREEMENT Proposed Consent Decree by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (SMITH, RACHEL) (Entered: 01/25/2006)
13 CONSENT DECREE. SIGNED BY JUDGE PAUL S. DIAMOND ON 1/26/06. 1/27/06 ENTERED AND COPIES MAILED. (jpd) (Entered: 01/27/2006)
14 ORDER THAT THE ORDER DISMISSING THIS ACTION WITH PREJUDICE UNDER LOCAL RULE 41.1(b)(DOC. NO.11) IS HEREBY VACATED. IT IS FURTHER ORDERED THAT THE CONSENT DECREE IS APPROVED AND ADOPTED AS AN ORDER OF THE COURT. THE CLERK OF SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES. SIGNED BY JUDGE PAUL S. DIAMOND ON 1/26/06. 1/27/06 ENTERED AND COPIES MAILED. (jpd) Additional attachment(s) added on 1/31/2006 (jpd, ). (Entered: 01/27/2006)

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