UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X EQUAL EMPLOYMENT OPPORTUNITY : COMMISSION,
: Plaintiff,
: v.
: DUANE READE INC., d/b/a DUANE READE,
: Defendant.
: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X

ECF CASE
Civil Action No. 05-CV-00036 (GBD)(DF)
COMPLAINT & JURY DEMAND

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I

of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex,

pregnancy, and retaliation, and to provide appropriate relief to Charging Parties Mary Asiedu,

Iscania Diaz, Tenika Ferguson and a class of other similarly situated individuals who were

adversely affected by such unlawful practices. As charged with greater specificity below, the

Commission alleges that defendant Duane Reade Inc., d/b/a Duane Reade, unlawfully created

and failed to remedy a hostile work environment by subjecting Mary Asiedu, Iscania Diaz,

Tenika Ferguson and a class of other similarly situated female employees to sexual harassment

and a hostile work environment because of their sex, female. The Commission also alleges that

Duane Reade unlawfully created and failed to remedy a hostile work environment by subjecting

Iscania Diaz, Tenika Ferguson and a class of other similarly situated pregnant employees to

harassment and a hostile work environment because of their pregnancies, and that Duane Reade

unlawfully discriminated against Iscania Diaz, Tenika Ferguson and a class of other similarly

situated pregnant employees by materially altering the terms and conditions of their employment

due to their pregnancies. The Commission further alleges that defendant unlawfully retaliated

against Charging Parties for opposing discriminatory employment practices and harassment and for participating in protected activities, including the filing of EEOC Charges.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) and 707 of Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. § 2000e et. seq., and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. 2. The unlawful employment practices were and are now being committed within the jurisdiction of the United States District Court for the Southern District of New York.
PARTIES 3. Plaintiff 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. § 2000e - 5(f)(1) and (3) and Section 707 of Title VII, 42 U.S.C. § 2000e - 6. 4. At all relevant times defendant Duane Reade has continuously been a Delaware corporation doing business in the State of New York and the City of New York and has continuously had at least 15 employees. 5. At all relevant times defendant Duane Reade has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
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STATEMENT OF CLAIMS 6. More than 30 days prior to the institution of this lawsuit, Mary Asiedu, Iscania Diaz and Tenika Ferguson filed charges with the Commission alleging violations of Title VII by defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least December 2002, defendant Duane Reade has created and failed to remedy a hostile work environment, has engaged in retaliation, and has engaged in a pattern or practice of unlawful employment practices in the City of New York, New York, in violation of Section 703 and 704 of Title VII, 42 U.S.C. §§ 2000e - 2 and e - 3. These unlawful discriminatory practices include, but are not limited to, the following:
a. Defendant, through its manager Madiaw Diaw, sexually harassed Mary Asiedu, Iscania Diaz, Tenika Ferguson and a class of similarly situated female employees by subjecting them to offensive sexually harassing conduct including, but not limited to, unwelcome sexual touching, sexually explicit comments, sexual propositions, lewd and vulgar gestures, leering and staring at women, and other unwelcome and offensive conduct of a sexual nature, which created and/or creates a hostile work environment. The physical contact includes but is not limited to repeatedly touching or attempting to touch female employees in inappropriate ways, including grabbing of the buttocks. The sexually offensive comments include, but are not limited to, comments such as “you have a fat pussy,” “I could look at your body all day,” asking female employees about or making comments about their intimate relations with men, making lewd comments and suggestions about female employees and a male employee, bragging that he had engaged in sexual relations with other female employees in the Duane Reade store and making
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statements about his favorite locations in which to have sexual relations with employees in the Duane Reade store.
b. Defendant, through its manager Madiaw Diaw, unlawfully discriminated against Iscania Diaz, Tenika Ferguson and a class of similarly situated pregnant employees by subjecting them to offensive harassing conduct, including but not limited to offensive comments about their pregnancies and sexually explicit comments related to their pregnancies and anatomy, and other unwelcome and offensive conduct which creates and/or created a hostile work environment, and by materially altering the terms and conditions of their employment due to their pregnancies. The offensive conduct includes but is not limited to comments that men prefer to have sex with pregnant women because pregnant women allegedly are “more moist,” questions to pregnant employees about what sexual positions they use and making such comments as “How do you do it with your stomach so big?,” “Wow, your butt is getting big, your boyfriend must be happy,” “Do you do it with your husband?,” calling a pregnant employee a “pregnant bitch” and referring to pregnant employees as “good for nothing.” Defendant materially altered the terms and conditions of employment for its pregnant employees by such conduct which included, but is not limited to, assigning pregnant women to perform undesirable job duties that they did not normally perform, failing to grant their requests for physical accommodations such as not being assigned to lift heavy objects when such employees were not typically assigned those duties when they were not pregnant and other employees were available to perform such duties, stating that pregnant women were being assigned the undesirable duties because that was “all they were good for” and so that the defendant’s manager “wouldn’t have to look at” them.
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c. After employees engaged in protected activity, including but not limited to filing of charges of discrimination with the Commission, defendant Duane Reade retaliated against employees by harassing them through defendant’s supervisors and employees, which created a hostile work environment. 8. Defendant Duane Reade has failed and continues to fail to exercise the requisite care to prevent and correct promptly the unlawful discrimination, harassment and hostile work environment and has taken and continues to take insufficient or no remedial action. 9. The effect of the practices complained of above has been to deprive Mary Asiedu, Iscania Diaz, Tenika Ferguson and a class of other similarly situated employees of equal employment opportunities and to otherwise adversely affect their status as employees because of their sex and/or pregnancies, and because they engaged in a protected activity. 10. The unlawful employment practices complained of above were and are intentional. 11. The unlawful employment practices complained of above were and are willful and done with malice or with reckless indifference to the federally protected rights of Mary Asiedu, Iscania Diaz, Tenika Ferguson and a class of similarly situated employees.
PRAYER FOR RELIEF The Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining defendant Duane Reade, its officers, successors, assigns and all persons in active concert or participation with it from engaging in any employment practices which discriminate on the basis of sex or pregnancy.
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B. Grant a permanent injunction enjoining defendant Duane Reade, its officers, successors, assigns and all persons in active concert or participation with it from engaging in any employment practices which discriminate against employees engaging in protected activity.
C. Order defendant Duane Reade to institute and carry out policies, practices and programs which provide equal employment opportunities for female employees, pregnant employees and employees engaged in protective activity, and which eradicate the effects of defendant Duane Reade’s past and present unlawful employment practices.
D. Order defendant Duane Reade to make whole all those individuals affected by the unlawful employment practices described above, by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of defendant Duane Reade’s unlawful employment practices.
E. Order defendant Duane Reade to make whole all those individuals affected by the unlawful employment practices described above, by providing compensation for past and future pecuniary losses in amounts to be determined at trial.
F. Order defendant Duane Reade to make whole all those individuals adversely affected by the unlawful employment practices described above, by providing compensation for past and future non-pecuniary losses, including pain, suffering, and humiliation in amounts to be determined at trial.
G. Order defendant Duane Reade to pay all those individuals adversely affected by the unlawful employment practices described above by providing punitive damages for its malicious and/or reckless conduct in amounts to be determined at trial.
H. Grant such further relief as the Court deems necessary and proper. I. Award the Commission its costs in this action.
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JURY DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Dated: New York, New York January 5, 2005
Respectfully submitted,
Eric S. Dreiband General Counsel
James L. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 “L” Street, N.W. Washington, D.C. 20507

Elizabeth Grossman Acting Regional Attorney
Nora Curtin Acting Supervisory Trial Attorney

s/ Judy Keenan (JK-3083) Senior Trial Attorney

New York District Office 33 Whitehall Street, 5th Floor

New York, NY 10004-2112

Phone:

212.336.3705

Fax:

212.336.3623

e-mail:

judy.keenan@eeoc.gov

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CASREF, ECF
U.S. District Court United States District Court for the Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:05-cv-00036-GBD

Equal Employment Opportunity Commission v. Duane Reade Inc. Assigned to: Judge George B. Daniels Referred to: Magistrate Judge Debra C. Freeman (Settlement) Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 01/05/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Judy Ann Keenan U.S. Equal Employment Opportunity Commission 33 Whitehall St., 5th Floor New York, NY 10004 (212) 336-3705 Fax: (212) 336-3623 Email: judy.keenan@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Duane Reade Inc. doing business as Duane Reade

represented by Craig Robert Benson Littler Mendelson, P.C. 885 Third Avenue, 16th Floor New York, NY 10022 (212) 583-2682 Fax: (212) 832 2719 Email: Cbenson@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel Peter Goldberg Kasowitz, Benson, Torres & Friedman, LLP (NYC) 1633 Broadway New York, NY 10019 (212)-506-1970 Fax: (212)-506-1800 Email: dgoldberg@kasowitz.com TERMINATED: 09/13/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Date Filed 01/05/2005 01/05/2005 01/05/2005 01/05/2005 01/07/2005
03/07/2005 03/07/2005 03/24/2005
03/31/2005
03/31/2005

Maria Victoria Bayoneto White & Case LLP (NY) 1155 Ave of the Americas New York, NY 10036 (212)819-8200 Fax: (212)354-8113 Email: vbayoneto@whitecase.com TERMINATED: 04/11/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT against Duane Reade Inc.. Document filed by Equal Employment Opportunity Commission.(laq, ) (Entered: 01/05/2005)
SUMMONS ISSUED as to Duane Reade Inc.. (laq, ) (Entered: 01/05/2005)
Magistrate Judge Debra Freeman is so designated. (laq, ) (Entered: 01/05/2005)
Case Designated ECF. (laq, ) (Entered: 01/05/2005)
2 ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: that an initial pretrial conference will be held on Wednesday, 4/5/05 @9:30 a.m. at the U.S. Courthouse, 40 Foley Square, N.Y.C., Courtroom 618before Judge George B. Daniels. (Signed by Judge George B. Daniels on 1/7/05) (pl, ) (Entered: 01/07/2005)
3 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Duane Reade Inc..(Bayoneto, Maria) (Entered: 03/07/2005)
4 ANSWER to Complaint. Document filed by Duane Reade Inc..(Bayoneto, Maria) (Entered: 03/07/2005)
5 CASE MANAGEMENT PLAN: Amended Pleadings due by 8/9/2005. Joinder of Parties due by 8/9/2005. Dispositive Motions to be served by 12/20/2005. Case Management Conference set for 9/13/2005 09:45 AM before Judge George B. Daniels. Final Pretrial Conference set for 2/28/2006 09:45 AM before Judge George B. Daniels. Joint Pretrial Order due by 2/14/2006. Ready for Trial by 3/14/2005. (Signed by Judge George B. Daniels on 3/24/05) (djc, ) (Entered: 03/25/2005)
6 ENDORSED LETTER addressed to Judge George B. Daniels from Daniel P. Goldberg dated 3/29/05 re: Counsel for defendant writes to request an adjournment of the initial pretrial conference. The conference is adjourned to 4/12/05 at 9:30 a.m. So Ordered. (Signed by Judge George B. Daniels on 3/31/05) (jco, ) (Entered: 04/05/2005)
Set Deadlines/Hearings: Pretrial Conference set for 4/12/2005 09:30 AM before Judge George B. Daniels. (jco, ) (Entered: 04/05/2005)

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04/07/2005 08/30/2005
09/01/2005 09/27/2005 09/27/2005 10/03/2005
10/17/2005 02/28/2006 04/11/2006 06/01/2006 07/13/2006 09/07/2006

Minute Entry for proceedings held before Judge George B. Daniels : Interim Pretrial Conference held on 4/7/2005. Next PTC set for 9/13/05 at 9:45 a.m. (kw, ) (Entered: 04/11/2005)
7 ENDORSED LETTER: addressed to Judge George B. Daniels from M. Victoria Bayoneto dated 8/30/2005 re: the parties jointly request a 2 week adjournment of the case management conference currently scheduled for 9/13/2005 at 9:45 am until 9/27/2005. ENDORSEMENT: So Ordered. (Signed by Judge George B. Daniels on 8/30/2005) (lb, ) (Entered: 09/01/2005)
8 NOTICE of Appearance by Maria Victoria Bayoneto on behalf of Duane Reade Inc. (Bayoneto, Maria) (Entered: 09/01/2005)
9 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge George B. Daniels on 9/27/05) (db, ) (Entered: 09/28/2005)
Minute Entry for proceedings held before Judge George B. Daniels : Interim Pretrial Conference held on 9/27/2005. Next conference scheduled for 2/28/06 @9:45 a.m. (pl, ) (Entered: 09/29/2005)
10 ENDORSED LETTER addressed to Mag. Judge Gabriel W. Gorenstein from Daniel P. Goldberg dated 9/29/05 re: Each case in this district is assigned randomly to a Mag. Judge. In accordance with that system, this case will remain assigned to Judge Freeman, who will conduct all proceedings, including in any Order of Reference, including settlement. (Signed by Judge Gabriel W. Gorenstein on 10/3/05) (pl, ) (Entered: 10/04/2005)
11 TRANSCRIPT of proceedings held on 9/27/2005 before Judge George B. Daniels. (jar, ) (Entered: 10/17/2005)
12 ENDORSED LETTER addressed to Judge Daniels from Judy Keenan dated 2/28/06 re: counsel requests that the March 2, 2006 pre-trial be adjourned for a few weeks; the conference is adjourned to April 13, 2006 at 9:45 a.m. (Signed by Judge George B. Daniels on 2/28/06) (djc, ) (Entered: 02/28/2006)
13 ORDER; that Kasowitz, Benson, Torres & Friedman LLP be substituted as counsel for dft. Duane Reade Inc, in place and stead of White & Case LLP. (Signed by Judge George B. Daniels on 4/11/06) (pl, ) (Entered: 04/11/2006)
Minute Entry for proceedings held before Judge Debra C. Freeman : Status telephone Conference held on 6/1/2006. (cd, ) (Entered: 06/09/2006)
Minute Entry for proceedings held before Judge Debra C. Freeman : Status/Telephone Conference held on 7/13/2006. Follow-up Teleconference set for 7/31/06 at 10:00 a.m. (db, ) (Entered: 07/18/2006)
Minute Entry for proceedings held before Judge Debra C. Freeman : Telephone Status Conference held on 9/7/2006. Telephone Conference set for 10/11/2006 09:30 AM before Magistrate Judge Debra C. Freeman. Settlement Conference set for 10/18/2006 at 11:00 AM before Magistrate Judge Debra C. Freeman. (rw, ) (Entered: 09/12/2006)

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09/13/2006
10/18/2006 03/16/2007 03/29/2007

14 STIPULATION AND ORDER FOR SUBSTITUTION OF COUNSEL FOR DEFENDANT the law firm of Littler Mendelson, P.C. shall be substituted as counsel for defendant Duane Reade, Inc. and that Kasowitz Benson Torres & Friedman LLP is hereby relieved as counsel for defendant. So Ordered. (Signed by Judge George B. Daniels on 9/13/06) (jco, ) (Entered: 09/14/2006)
Minute Entry for proceedings held before Judge Debra C. Freeman : Telephone Conference held on 10/18/2006. Settlement. (jar, ) (Entered: 10/24/2006)
Minute Entry for proceedings held before Judge George B. Daniels : Status Conference held on 3/16/2007. Follow-up T/C 3/29 at 10:00 on status. (djc) (Entered: 04/06/2007)
Minute Entry for proceedings held before Judge George B. Daniels : Status telephone Conference held on 3/29/2007. Re: Settlement - case settled. (djc) (Entered: 04/06/2007)

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