n-~.

':

fu M- l fJ"

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRlCT OF PENNSYLVANIA

/f4,O

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

v.

PJAX, INC.,

Defendant.

) )
0 3 )
) CIVIL ACTION NO. ) )
) COMPLAINT
) ) ) JURy TRlAL DEMANDED

NATURE OF THE ACTION This is an action under Title VII ofthe Civil Rights Act of 1964,42 U.S.C. § 2000e et seq., and Title I of the Civil Rights Act of 1991,42 U.S.C. § 1981a to COITect unlawful employment pl~actices·on the basis of sex, and to provide appropriate relief to Mary F. Blining and to similarly situated female employees who were adversely affected by such practices. As alleged with more pcuiicularity in Paragraphs 7(a) through (f) below, the COlmnission contends that Charging Party Mary Brining, a female, was sexually harassed, intimidated, or otherwise subj ected to degrading and ojlensive comments which created a sexually hostile work environment. It is further alleged that other current and fanner female employees were sexually harassed, intimidated, and were otherwise subjected to degrading offensive comments, unwelcome sex-based conduct, cu1d disparatetemls and conditions which created a sexually hostile work environment. As a result of the sexual harassment, Ms. Brining and a class of female employees suffered damages, including emotional distress.

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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(£)(1) and (3) of Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(£)(1) and (3) ("Title VII"). This
action is also authorized and instituted pursuant to Section 102 of Title I of the Civil Rights Act of
1991,42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were committed wiwn the jurisdiction of the United States District Court for Western District of Pennsylvania.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commissi<Dn"), 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 Title VII, 42 U.S.C. § 706(£)(1) and (3).
4. At all relevant times, Defendant, PlAX, Inc. (the "Employer"), has continuously been a Pennsylvania corporation doing business in the State ofPennsylvania and the City of Gibsonia., and has continuously had at least 15 employees.
5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

2

STATEMENT OF CLAIMS 6. More than thiliy days plior to the institution of this lawsuit, Mary Brining filed a
vn charge with the Commission alleging violations of Title by Defendant PJAX, Inc. All
conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least May 31, 1999, Defendant PJAX, Inc. has engaged in unlawful
employment practices at it headquaIiers and other western Pennsylvania locations, in violation of
Section 703 of Title VII, 42 U.S.c. § 2000e-2000e-2, including:
(a) Female employees were subjected to unwanted aIld offensive vulgarity on an ongoing basis by owners aIld/or management officials;
(b) Female employees were subjected to being screamed at on an ongoing basis by owners and/or maIlagement officials;
(c) Female employees were specifically demeaned by statements made by male owners and/or management officials;
(d) Female employees were demeaned by being expected to perform personal dtotes for male owners and/or management officials;
(e) Female employees were treated differently on the basis oftheirpersonal attractiveness and/or age by male owners and/or management officials;
(f) Female employees were treated with less respect and dignity than were male employees in that the female employees were not considered for or promoted to supervisory or mana!gement positions.
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8. The effect of the practice(s) complained of in paragraphs 7(a) tlnough (f) above has been to deprive Ms. Brining and other cunent and fanner female employees of equal employment oppOliunities and otherwise to affect adversely their status as employees, because @f their sex/female.
9. The unlawful employment practices complained of in paragraphs 7(a) through (f) a.bove were intentional.
10. The unlawful employment practices complained of in paragraphs 7 (a) through (f) above were done with malice or with reckless indifference to the federally protected rights of the Charging Paliy, Mary Francis Brining, and other similarly situated female employees inclu'ding but not limited to PatliciaK.11app, Denise M. Kelly, Patricia Lindsay, Joann Bowlin, and TamtnyMahon.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that tIns Court: A. Grallt a pennanent injunction enj oining Defendant Employer, its officers, successors, assigns, and all persons in active concert or pmiicipation with it, fi.-om subjecting its· female ernployees to a sexually hostile work enviromnent and ally other employment practice which discriminates on the basis of sex.
B. Order Defendallt Employer to institute alld cany out policies, practices, and ptograms
which provide equal employment oppOliunities for women, and which eradicate the effects ofits past and present unlawful employment practices.
C. Order Defendant Employer to make whole Mary Blining and other similarly sihlated female employees, by providing appropriate compensatory and pmntive damages, in amounts to be detennined at trial, and other affinnative relief necessary to eradicate the effects of its unlawful
4

employment practices, including but not limited to a work environment that is not isexually

discriminatory or hostile.

G. Order Defendant Employer to make whole Ms. Brining and other similarly situated

female employees by providing compensation for past and future nonpecuniary losses resulting from

the unlawful practices complained of in paragraphs 7(a) through (f) above, including eluotional

pain, suJfering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be

d.etelmined at trial.

H. Order Defendant Employer to pay Ms. Brining and other similarly situatedl female

employees punitive damages for its malicious and reckless conduct described in paragraphs 7(a)

through (f) above, in amounts to be detennined at trial.

1.

Grant such further relief as the Court deems necessary and properin the pltblic

interest.

J.

Award the Commission its costs of this action.

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JURy TRlAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
GWENDOLYN YOUNG REAMS
sociate General COUl el
~4.L2/~~ UDITH A. O'BOYLE ~@,;visoryTrial omey M. JE CLICKNER Trial Attorney Pa. I.D. No. 42738
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Pittsburgh Area Office Libeliy Center, Suite 300 1001 Libeliy Avenue Pittsburgh, PA 15222 (412) 644-6439
6

 
 '. .

760938_6.DOC

Ii, ""'-"".''

;U. i ",CLOSED

IN THE 'UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

PJAX, INC.,

)

)

Defendant.

)

-----------"-------)

CNIL ACTION NO. 03-0759

i

CONSENT DECREE

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""

This Consent Decree (the "Decree") is made and entered into by and between Plaintiff Equal Employment Opportunity Commission ("Commission" or the "EEOC") and Defendant PlAX, Inc. ("PJAX") (collectively, the "Parties").
The Commission filed tllis action against PlAX to enforce Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII"). In its Complaint, the Commission al.leges that PJAX :discriminated against Charging Party Mary Francis Brining by subjectillg her to a hostile work environment, on the basis of her sex -female. The Commission also alle;ges that PlAX maintained a policy and practice of subjecting female employees, as a '--class, to a hostile work environment on the basis of sex. PlAX denies all allegations.
The parties being aware, of the risks, uncertainties and costs of continued litigation are . now desirous of resolving the dlaims asserted in this action. The parties do not object to the jurisdiction of the Court over thlis action and waive a hearing and the entry of Findings of Fact

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and Conclusions of Law. The. parties agree to the entry of this Consent Decree ("Decree") subject to the final approval of t~e Court.

It is ORDERED, ADJUJPGED AND DECREED:

1. The Court has jUDisdiction over the subject matter of this action and of the Parties

for purposes of entering and enfqrcing this Decree.

2. The Commission is the agency of the United States government authorized by

Congress to investigate allegati0ns of unlawful employment discrimination based upon sex or

gender, to bring civil actions based upon these allegations of unlawful practices, and to seek

relief for individuals affected byisuch practices.

Scope of ConsentDecree

3. The duration of this Decree shall be two (2) years from the date of its entry. During that time, this Court sha~l retain jurisdiction over this matter and the Parties for purposes

of enforcing c<Dmpliance with tlle Decree, including issuing such orders as may be required to

effectuate the purposes of the Decree.

4. Unless otheIwi1?e. 1?ti.l,ted, the Decree shall apply to PJAX's headquarters and

trucking facility, both located in Gibsonia, Pennsylvania.

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5. This Decree is intended to and does effectuate the full, final and complete

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resolution of all allegations of 4nlawful employment practices and discrimination encompassed

f
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by EEOC Charge No. 172A200683, the EEOC's November 12, 2002 Letter of Determination,

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and the complaint filed in EEOC v. PJAX, Inc., Civil Action No. 03-0759. Specifically, the

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Decree constitutes a complete and final settlement and resolution of all claims of sexual

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harassm.ent, sex-based harassinent, sex discrimination, age discrimination, retaliation or

constructive clischarge that Were asserted in EEOC Charge No. 172A200683, and/or
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I.'-...J;
encompassed in the EEOC's No:vember 12, 2002 Letter of Determination, and/or asserted by the EEOC or otherwise encompas~ed in this action under Title VII, the Age Discrimination in
Employment Act ("ADEA") a~d/or the Equal Pay Act ("EPA"), all as amended, arising from
June 2, 1999 through the date of!this Decree. 6. The Decree, being entered with the consent of the EEOC and PJAX, shall not
constitute an adjudication or finding on the merits of the case. Injunctive Relief
7. PJAX, its officers, agents, servants, employees and all persons acting or claiming tb act in its behalf and interest h~reby agree to comply with the provisions of Title VII and agree in this Decree to be enjoined, aild are enjoined, from unlawfully discriminating against females because of their sex by subjecting them to sexual harassment or any derogatory treatment which creates an unlawful hostile worJ environment.
8. PJAX, its officerS, agents, servants, employees and all persons acting or claiming
to act in its behalf and interest hereby agree to comply with the provisions of Title vn and agree
in this p~cn~e to be enjoined, and are enjoined, from engaging in any unlawful retaliation or coercion against any person beoause such person filed a charge, testified or participated in any manner in the EEOC's investigation giving rise to this action or testified or participated in this action, or received any benefits llnder this Decree.
9. PJAX agrees to *nd will maintain policies and practices which assist in creating and maintaining a work environment free from unlawful sex discrimination and sexual harassment and will take the attions set forth in Paragraphs 21 through 23 of this Decree to achieve that goal.
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Mbnetary Relief to Charging Party 10. Within ten (10) days of entry of this Decree, Ms. Brining will execute and deliver to PJAX a Release agreed to by *nd between PJAX and Brining and her counsel. 11. Within ten (10) d,~ys of receipt of Ms. Brining's executed Release and subject to lmd in consideration for Ms. Brining's executed Release, PJAX shall pay Charging Party Mary Francis Brining monetary relief in the total amount of $300,500.00 in full settlement of all allegations of unlawful emploYrr}ent practices and discrimination encompassed by EEOC Charge l~o. 172A200683, the EEOC's November 12, 2002 Letter of Detennination, and the complaint filed in EEOC v. PlAX, Inc., Civil Action No. 03-0759. All of the monetary relief paid to Ms. IBrining pursuant to the Releas:e and this Decree, except for $500.00 being paid to her for attorneys' fees, is acknowledged to be compensatory damages under the Civil Rights Act of 1991,42 U.S.c. § 1981a. This dheck will be sent directly to Ms. Brining, and a photoc0py of the check will be mailed to the EEOC, to the attention ofM. Jean Clickner, Trial Attorney, EEOC, Liberty Center, Suite 300, 1001 Liberty Avenue, Pittsburgh, Pennsylvania 15222. 12. When required under the law, PJAX will issue to Ms. Brining a United States Internal Revenue Services Fotin 1099. Charging Party will be responsible for paying any required taxes on the amounts otherwise disbursed to her. L3. If Ms. Brining has died or dies at any time before issuance of or depositing or
,
,::ashing her checks, Ms. Brinimg's estate personal representative or heir(s) shall receive the payments that Ms. Brining woul~ have otherwise received.
Mohetary Relief to Eligible Claimants 14. Within one hundred eighty (180) days of entry of this Decree, each Eligible Claimant will execute and deli~/er to PJAX a Release, a copy of which is appended hereto as

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Attachment C. Subject to and lin consideration for each Eligible Claimant's executed release,

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I>.JAX shall pay the total settlem'ent amount of $200,000 to be distributed on a pro rata basis to

JoAnn Bowlin, Patricia A. Knapp, Denise M, Kelly, and Patricia A. Lindsey, the "Eligible
dlaimants". All of the monetar~ relief paid to the Eligible Claimants pursuant to each Release
I
and this Decree is acknowledg~d to be compensatory damages under the Civil Rights Act of

r991, 42 U.S.C. § 1981a.

15. Each Eligible Claimant will receive three payments which will, in total, represent

the full monetary relief due to thb Eligible Claimant, except as provided in Paragraph 19. Within

ten (10) days of receipt of an! executed Release from an Eligible Claimant, PJAX will pay

directly to that Eligible Claimant by check, cashier's check, or money order the first of the three

installment payments. Tills firstiinstallment payment shall be the pro rata portion of $67,333.67.
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FJAX will make its sec~nd payrbent to each Eligible Claimant within twelve (12) months of the
clate of its first payment. Thi~ second installment payment shall be the pro rata portion of

$67,333.66. PJAX will make :its third and final payment to each Eligible Claimant within

twenty-four (24) months of the, dat~ of its first payment to the Eligible Claimant but not later

than sixty (60) days prior to the expiration of this Decree. This third and final installment

payment shall be the pro rata pdrtion of $67,333.66.

16. PJAX shall mail' all checks, cashier's checks, or money orders directly to each ~ligible Claimant at the current iaddress provided by EEOC and will issue United States Internal
Revenue Fonn 1099 to all Eligi~le Claimants for all payments. Within ten (10) days of payment

tb each Eligible Claimant, PJAX will submit a copy of each check and related correspondence to

the attention of M. Jean Clicknbr, Trial Attorney, EEOC, Liberty Center, 1001 Liberty Avenue,

Suite 300, Pittsburgh, Pennsylvania 15222.

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17. PJAX shall promptly notify the EEOC in writing if any checks issued to Eligible Claimants are returned or are nQt cashed after a period of thirty (30) days has elapsed after being mailed. If any checks mailed b~ PJAX pursuant to this Decree are returned or not cashed, PJAX shall take at its own expense r~asonable steps, which includes but is not limited to computer, motor vehicle, and credit searches, to detennine the Eligible Claimant's most current address and to effectuate either delivery or ¢ashing of the check. If after exhausting such reasonable steps, any check has been returned or I1emains uncashed, PJAX shall promptly notify the EEOC.
18. In the event that any Eligible Claimant has not executed a Release within one hundred eighty (180) days of entry of the Decree or in the event that PlAX has been unable to deliver a check to an Eligible etlaimant or such check is not cashed within one-hundred eighty (180) days of receipt of an execilited Release, the portion of the total settlement amount attributed to that Eligible Claimant shall b~ distributed in the final payment, on a pro-rata basis, to the other Eligible Claimants.
19. If any Eligible Claimant has died or dies at any time before issuance of or depositiI1g or cashing his or her checks, the estate personal representative, or heir(s) of that person shall receive the paym¢nts that the deceased Eligible Claimant would have otherwise received.
Other Non-Monetary Relief 20. Within ten (10) days after entry of this Decree, PlAX will post the Notice
attached hereto as Attachment A in all places where notices to employees customarily are posted I
at its Gibsonia, Pennsylvania h~adquarters and Pittsburgh terminal. The Notice shall be posted and maintained for the duration of the Decree and shall be signed by a responsible official of PJAX with the date of actual. posting shown thereon. Should the Notice become defaced,

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marred, or otherwise made unre!adable, PJAX will ensure that new readable copies of the Notice

are posted in the same manner ias heretofore specified. Within thirty (30) days of entry of the

Decree, PJAX shall forward to the EEOC's Pittsburgh Area Office, attention, M. Jean Clickner, Trial Attorney, a copy of the ~igned Notice attached hereto and written certification that the

Notice referenced herein has be6n posted and a statement of the location(s) and date of posting.

21. Within thirty (3Q) days from the entry of the Decree, PlAX agrees to revise and
submit its "Anti-Discrimination Policy," which discusses Title vn and the right of employees to

work in an environment that is free of unlawful discrimination on the basis of sex, to the EEOC's ~

Pittsburgh Area Office, attentiop, M. Jean Clickner, Trial Attorney. The revised written policy

must include at minimum:

a. a complete and legal definition of the terms "sexual harassment" and "disparate treatment;"

b.

an intern~l and confidential process by which any employee may make a

claim of Sexual harassment or disparate treatment;

c. an internal and confidential process by which any such claim will be investiga~ed and, if possible, resolved;

d. a provisi<Dn explaining that no employee will be retaliated for lodging a claim of <discrimination or for participating in the making or investigation of such cl!aim;

e. a methodiby which such policy will be distributed and/or published to all incumbent employees and to all new employees.
Within one hundred twenty (120) days of entry of the Decree, PJAX will distribute and/or

publish its revised Anti-Discrimination policy to all employees.

22. Pursuant to the Consent Decree filed in EEOC v. PlAX, Inc., Civil Action No.

03-01535, District of Maryland! ("the Baltimore Decree"), PJAX has agreed to create a Human

Resources Specialist Position. The Baltimore Decree is attached hereto as Attachment Band

Paragraph 25 of that Decree incorporated herein by reference. In addition to the duties outlined

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in Paragraph 25 of the Baltimore Decree, the incumbent(s) of the Human Resources Specialist

Position will be responsible for investigating sexual harassment complaints and complaints of

sex-based disparate treatment and will make good faith efforts to achieve the goal of creating and

maintaining a work environment free of sexual harassment and disparate treatment of female

employees.

23. PJAX will provide, within one hundred twenty (120) days from the date of entry

of the Decree, three (3) hours of training regarding federal anti-discrimination laws to all officers

and supervisors employed at its headquarters and its Pittsburgh terminal located in Gibsonia,

Pennsylvania, and will also provide, within one hundred twenty (120) days from the date of entry

of the Decree, one (1) hour of training regarding federal anti-discrimination laws to all non-

supervi.sory administrative employees employed at its headquarters and its Pittsburgh terminal

located in Gibsonia, Pennsylvania. This training will be conducted by an outside consultant or

law finn approved by the EEOC, which approval will not be unreasonably withheld. Within ten

(10) bu.siness days of providing each such training session, PJAX will furnish the EEOC with a

signed attendance list, the elate and duration of the training, an outline of the training conducted,

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and a cettification of completion of the mandatory training.

Compliance and Dispute Resolution

24. In the event that either Party to the Decree believes that the other party has failed

to comply with any provision(s) of the Decree, the complaining Party shall notify the alleged

non-complying Party in writing of such alleged non-compliance and afford the alleged non-

complying Party thirty (30) business days to remedy the alleged non-compliance or to satisfy the

complaining Party that the alleged non-complying Party has complied. If the alleged non-

complying Party has not remedied the alleged non-compliance or satisfied the complaining Party

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that it has complied within thirty (30) business days, the complaining Party may apply to the Court for appropriate relief.
25. In the event any dispute or question arises as to the interptet~tion or implementation of this Decree, the Parties shall attempt, in good faith, to resolve such cijspute or question informally within thirty (30) business days. If the Parties are unable to re~olve the dispute or question, the issue shall be submitted to the Court for final decision.
26. The Parties agree that the Court shall retain jurisdiction over this Decree:in order to enforce its provisions.
Other General Provisions 27. In computing any period of time prescribed or allowed by this Decre~, unless otherwise stated, such computation shall be made consistent with the Federal Rules iof Civil Procedure. 28. PJAX shall pay all the administrative and/or other costs associated ~ith its
i
obligations under this Decree, including the payment of monetary relief, recruiting and !hiring a human resources specialist, and providing training as set forth herein.
29. This Decree shall be filed in the United States· District Court for the iWestern District: of Pennsylvania.
30. The Commission and PJAX shall bear their own costs and attorneys' fees for this lawsuit.
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31. The case shall be and hereby is dismissed with prejudice, subject to this Court's

jurisdiction to enforce the provisions of this Consent Decree.

FOR DEFENDANT, PJAX, INC.

FOR PLAINTIFF

COHEN & GRIGSBY, P.e.

James :&...B..t:eWn, EsqlIfte"
t~k
w. Scott Harcty1Bsquire

11 Stanwix Street, 15th Floor

Pittsburgh, PA 15222

(412) 297-4900

--Ir~J ) Dated:

J

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d-::.....:.-

_

D EQUAL E:MPL0;tT OPPORriJNITY
~SSION

IJ V t? j 11/1"

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uycqu ine H. M~Nair, squir~

Regi al Attorney

~ U· o:tk; C<•

.JiClithACiBoyle, Esquire

Supervisory Trial Attorney

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.~.~

M. Jea lieImer, Esquire tamey

1001 Liberty Avenue Pittsburgh, PA 15222 (412) 644-6439
Dated: __/~/1_~--,Y/,---o0 _

'2j_3. "1UY Approved by the Court tbis:26 of /1,1JI
/ ~_l/ /\/1/_.( f bA .l.,f
Terrence F. McVerry
United States Distrie Judge

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ATTACHMENT A

NOTICE
This notice is being posted as part of the resolution of EEOC v. PlAX, Inc., Civil Action Number 03-cv-03515 (D. Md.) and EEOC v. flAX, Inc., Civil Action Number 03-0759 (W.n. P~.). The EEOC brought these actions enforce provisions of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Actl which prohibits discrimination on the basis of sex, age and disability. PJAX, Lie. fully supports and will comply with these statutes in all respects. It will not engage in any employment practice which operates to deny equal employment opportunities in violation of these statutes.
Under Section 703(a) of Title VII of the Civil Rights Act of 1964, it is unlawful for an employer "to fail or refuse to hire ... any individual ... because of such individual's ... sex .... "
Under Section 623(a)(1) of the Age Discrimination in Employment Act, "it shall be unlawful for an employer to fail or refuse to hire .. any individual ... because of such individual's age..
Under Section 102 of Title I of the Americans with Disabilities Act ("ADA"),
No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees,' employee compensation, job training, and other terms, conditions, and privileges of employment.
WE WILL NOT engage in any acts or practices made unlawful by the above sections.
WE WILL NOT discriminate or retaliate in any manner against any person because of opposition to any practice declared unlawful by any of the above provisions.
WE WilL conduct our hiring practices without regard to an employee's sex and ensl!lre that females are given equal encouragement and opportunities to assume the positions of dri~er and dockworker.

/I,!J. Dated:

3 0 / 0

PJAX, INC. (Employer)
~(Re£~(T~fiftlbe~)~~-~:J;J(2I ;~-.zjr

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ATTACHMENTB Baltimore Consent Decree
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND NORTHERN DIVISION

EQUAL EMPI.D"ThffiNT OPPORTUNITY COMMISSION,
Plaintiff,
v.
PJAX,JNC.,
Defendant.

) ) ) ) )
) CIVIL ACTION NO. JFM~03-cv-0153:5 )
) ) ) ) )

CONSENT DECREE This Consent Decree: (the "Decree") is made and entered into by and between: Plaintiff Equal Employment Opportunity Commission ("Commission" or the "EEOC") and Defendant PJAX, Inc. ("PlAX") (collectively, the "Parties"). The Commission filed this action against PJAX to enforce Title VII of the Civil Rights Act of 1964 ("Title VII") , the Age Discrimination in Employment Act of 1967 ("ADEA"), and the Americans with Disabilities Act of 1990 ("ADA"). In its Complaint, the EEOC alldges that PJAX un]awfull~y discriminated against Mary Kutchera because of sex and age by failing to hire her as a driver; that PlAX unlawfully tenninated the employment of Robert Fallon in re~.aliation for his complaints of unlawful employment practices; that PlAX unlawfully discrizPjnated
I
against women, as a class, by failing to hire them for the positions of driver and doc~orker because of sex; and that PJAX unlawfully discriminated against other job applicants for dockworker and driver positions by denying employment to them based upon their respon~es to a pre-employment medical questionnaire.
PlAX denies all allegations.

760937_6
Both the Commission and PlAX desire to resolve the Commission's action without the
time and expense of continued litigation, and desire to formulate a plan to be embodied in a Decree which will promote and effectuate the purposes of the aforementioned statutes.
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 the aforementioned statutes. Therefore, llp0n due consideration of the record herein and being fully advised in the premises, it is ORDERED, ADJUDGED AND DECREED:
1. The Court has subject matter jurisdiction over this action and jurisdiction over the JParties for pUrj:)oses of entering and enforcing this Decree.
2. The Commission is the agency of the United States government authorized by Congress to investigate allegations of unlawful employment discrimination based upon sex, age, and disability and to bring civil actions based upon these allegations of unlawful practices, and to seek relief for individuals affected by such practices.
Scope of Decree 3. The duration of this Decree shall be two (2) years from the date of its entry, except as provided in Paragraph 23. During that time, this Court shall retain jurisdiction over this matter a:nd the Parties for purposes of enforcing compliance with the Decree, including issuing such orders as may be required to effectuate the purposes of the Decree. 4. Unless otherwise stated, the Decree shall apply to PJAX's headquarters and terminals and facilities nationwide, including those terminals and facilities not yet in existence but that may operate in the future. 5. This Decree is intended to and does effectuate the full, final and complete resolution of all allegations of unlawful employment practices and discrimination encompassed by EEOC Charge Nos. 220A01265 and 120AOO300, the EEOC's June 25, 2002 Letter of
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Detenninatiol1 and August 15, 2002 Letter of Determination, and/or the complaint filed in EEOC v. PJAX, Inc., Civil Action No. JFM-03-cv-OI535. Specifically, the Decree constitutes a complete and final settlement and resolution of all claims of sex discrimination, age discrimination, disability discrimination, retaliation and discharge that were asserted in EEOC Charge Nos. 220A01265 and 120A00300, and/or encompassed in the EEOC's June 25, 2002· Letter of Detennination and its August 15, 2002 Letter of Determination, and/or asserted by the EEOC or otherwise encompassed in this action under Title VIT, the ADEA and/or the ADA, arising from January 1, 1997 through the date of this Decree.
6. The Decree, being entered with the consent of the EEOC and PJAX, shall not constitute an adjudication or finding on the merits of the case.
Monetary Relief to Charging Parties 7. Within ten (10) days of entry of this Decree, Ms. Kutchera will execute and deliver to PJAX a Release, a copy of which is appended hereto at Attachment A. 8. Within ten (10) days of receipt of Ms. Kutchera's executed release and subject to and in consideration forM~. Kutchera'sexecuted Release, Defendant shall pay Charging Party Mary Kutche~ra monetary relief in the total amount of $25,000.00 in full settlement of all allegations of unlawful employment practices and discrimination encompassed by EEOC Charge No. 220A01265, the EEOC's June 25, 2002 Letter of Determination and the EEOC's August 15, 2002 Letter of Determination, and the complaint filed in EEOC v. PJAX, Inc., Civil Action No. ]ITM-03-cv-OI535. All of the monetary relief paid to Ms. Kutchera pursuant to the Release and this Decree is acknowledged to be compensatory damages under the Civil Rights Act of 1991, 42 u.S.C. § 1981a. The check will be sent directly to Ms. Kutchera, and a photocopy of the check will be mailed to the EEOC, Baltimore District Office, 10 S. Howard Street, 3rd Floor, Baltimore, Maryland 21201.
-3-

760937_6
9.

"---",,

'---'

Within ten (10) days of entry of this Decree, Mr. Fallon will execute and deliver

to PlAX a Release, as agreed to by Fallon and his counsel.

10. Within ten (10) days of receipt of Mr. Fallon's executed Release and subject to

and in consideration for Mr. Fallon's executed Release, Defendant shall pay Charging Party

Robert Fallorn monetary relief in the total amount of $200,500.00 in full settlement of all

allegations of unlawful employment practices and discrimination encompassed by EEOC Charge

No. 120A00300 as amended, the EEOC's June 25, 2002 Letter of Detennination and the EEOC's

Letter of Determination dated August 15, 2002, and the complaint filed in EEOC v. PlAX. Inc.,

Civil Action No. JFM-03-cv-01535. All of the monetary relief paid to Mr. Fallon pursuant to the

Release and this Decree is acknowledged to ,be compensatory damages under the Civil Rights
Act of 1991, 42 U.S.C. § 1981a. The check will be sent directly to Mr. Fallon, and a photocopy of the check will be mailed to the EEOC, Baltimore District Office, 10 S. Howard Street, 3rd

Hoor, Baltimore, Maryland 21201.
11. When required under the law, PJAX will issue to Ms. Kutchera and Mr. Fallon
.
United States Internal Revenue Services Forms 1099 and Ms. Kutchera and Mr. F~I()!1 will be

re:sponsible for paying any required taxes on the amounts otherwise disbursed to them.

12. If Ms. Kutchera and/or Mr. Fallon has died or dies at any time before issuance of

or depositing or cashing their checks, their respective estate personal representatives or heir(s)

shall receive the payments that they would have otherwise received.

Monetary Relief to Eligible Claimants

13. "Eligible, Claimants" are defined as:

a. all women who applied for the position of driver and/or

dockworker between January 1, 1997 and the date of entry of the

Decree, but who the Commission detennines were qualified for the

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position for which they applied but were rejected for employment because of their sex; b. all applicants who applied for the position of driver and/or dockworker between January 1, 1997 and the date of entry of the Decree, but who the Commission determines were qualified for the position for which they applied but were rejected for employment because of a disability elicited by PJAX during the preemployment stage. 14. PJAX shall pay the total settlement amount of $1,775,000.00 to be distributed to JEligible Claimants as defined in Paragraph 13 above and whose names, addresses, and amounts payable to each will be furnished by the Commission to PJAX within ninety (90) days of the date of entry of this Consent Decree; provided, however, that payment to an Eligible Claimant is conditioned upon receipt of an executed Release as appended in Attachment A. All of the
\
monetary relief paid to the Eligible Claimants pursuant to this Decree is acknowledged to be compensatory damages under Title VII and/or under t.he ADA.
15. Each Eligible Claimant will receive three payments which will, in total, represent the full monetary relief due to the Eligible Claimant, except as provided in Paragraph JIB. Within one hundred eighty (180) days of entry of this Decree, each Eligible Claimant will execute and deliver to PlAX a Release, a copy of which is appended hereto at Attachment A. Within ten (10) days of receipt of an executed Release from an Eligible Claimant, PlAX will pay directly to the Eligible Claimant by check, cashier's check, or money order the first of the three installment payments to be made to the Eligible Claimant. This first installment payment shall be the pro
rata portion of $241,666.67. I)JAX will make its second payment to an Eligible Claimant within
twe:lve (12) months of the date of its first payment. This second installment payment shall be the
-5-

pro rata portion of $766,666.67. PJAX will make its third and final payment to an Eligible Claimant within twenty-four (24) months of the date of its first payment to that Claimant but not later than sixty (60) days prior to the expiration of this Decree. This third installment payment shall be the pro rata portion of $766,666.67.
16. PJAX shall mail all checks, cashier's checks, or money orders directly to each Eligible Claimant at the current address provided by EEOC and will issue United States Internal Revenue Form 1099 to all Eligible Claimants for all payments. Within ten (10) days of payment lt~ each Eligible Claimant, FlAX will submit a copy of each check and related correspondence to the EEOC, Baltimore District Office, 10 S. Howard Street, 3rd Floor, Baltimore, Maryland 21201.
17. PJAX shall promptly notify the EEOC in writing if any checks issued to Eligible Claimants are retumed or are not cashed after a period of thirty (30) days has elapsed after being mailed. If any checks mailed by PlAX pursuant to this Decree are returned or not cashed, PJAX shall take at its own expense reasonable steps, which includes but is not limited to computer, motor vehicle, and credit searches~ to determine th~ Eligi~le Claimant's most current address and to effectuate either delivery or cashing of the check. If aft~r exhausting such reasonable steps, any check has been returned or remains uncashed, PJAX shall promptly notify the EEOC.
18. In the event that any Eligible Claimant has not executed a Release within one hu.ndred eighty (180) days of entry of the Decree or in the event that PlAX has been unable to deliver a check to such Eligible Claimant or such check is not cashed within one.;hund:red eighty (180) days of receipt of an executed Release, the portion of the total settlement amount attributed to that Eligible Claimant shall be distributed as part of the final installment, on a pro-rata basis, to the other Eligible Claimants.
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"

...----

19. If any Eligible Claimant has died or dies at any time bef0re issuance of or
depositing or: cashing his or her checks, the estate personal representative, or heir(s) of that
person shall receive the payments that the deceased Eligible Claimant wou.ld have otherwise received.
Priority Hiring Relief 20. Within ninety (90) days of entry of the Decree, the Commissi0n will send out a
Notice of Settlement to all Eligible Claimants pursuant to Paragraph 13(a) of this Decree only, lrequesting that each such Eligible Claimant provide the EEOC with the following infonnalion: (a) whether the individual is still interested in employment with PJAX in a driver or dockworker position; (b) a list of the Eligible Claimant's current qualifications; and (0) the geographic location(s) at which the Eligible Claimant will accept employment. Within ninety (90) days after the Corr.unission mails the Notice of Settlement to Eligible Claimants, it will provide PJAX with tJn.e names of those individuals that the EEOC contends should be given "priority hiring consideration" as defined in Paragraph 21 of this Decree. PJAX.will place each individual on a Job Offer List with those other Eligible Claimants expressing intere~t ill ~ll1plOYI:nent in the same geographic area. On each Job Offer List, PJAX may rank each Eligible Claimant in order of its preference for hire. When a job vacancy for a driver or dockworker position becomes available, PlAX will consult the Job Offer List for the applicable geographic area and will make a writlien offer of employment to the highest ranked Eligible Claimant on the list. Eligible Claimants w:ill halve one (1) week from receipt of the written offer to accept the job offer. Those Eligible Claimants who are made job offers but decline them shall be removed from the Job Offer List and PJAX will have no further obligation to make offers of employment to them pursuant to the "p:rjority hiring consideration" provisions of the Decree, but must treat them nondiscriminatorally reglifding any future applications for employment.'

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76093L6
21. As used in Paragraph 20 and elsewhere in this Decree, "priority hiring :consideration" refers to PJAX's obligation pursuant to this Decree to make offers of employment for driver and dockworker positions to female Eligible Claimants as defined in Paragraph 13(a) of this Decree who presently meet the Priority Hiring Criteria set forth in Attachment B at time of hire. For purposes of this priority hiring consideration provision, an Eligible Claimant as clefined in Paragraph 13(a) of this Decree shall be entitled to priority hiring consideration if the :iridividual meets the Priority Hiring Criteria set forth in Attachment B at time of hire. PJAX and the EEOC shall use their best efforts to resolve any dispute as to whether an Eligible Claimant identified pursuant to Paragraph 13(a) of this Decree presently meets the Priority Hiring Criteria s:~t forth in Attachment B. Unresolved disputes in this regard shall be resolved in accordance "vith paragraphs 31 through 33 of this Decree. After determining that an Eligible Claimant rlemains interested in employment and meets the Priority Hiring Criteria set forth in Attachment
Eli for employment in a driver or dockworker position, PJAX will place the qualified Eligible
Claitp-ant on a "Job Offer List" according to her stated geographic preference for employment. As vacancies for driver or dockworker positions arise at any of PJAX's terminals and facilities mitionwide, PJAX will make offers of employment to qualified Eligible Claimants from the Job Offer List in the applicable geographic area before considering the application of any other individual applying for a driver or dockworker position.
22. The "priority hiring consideration" provisions of this Decree shall not require
PJAX to violate any applicable law, order, ordinance or regulation. In the event of any conflict
beltween a provision of this Decree and a provision of federal or state law, order, ordinance or regulation, the federal or state law, order, ordinance or regulation shall govern.
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23. Notwithstanding the two (2) year term of the Decree, the "priority hiring consideration" provisions in Paragraphs 20 through 22 will remain in effect until each presently qualified Eligible Claimant on a Job Offer List has been given "priority hiring consideration."
Injunctive Relief 24. PJAX, its officers, agents, servants, employees and all persons acting or claiming ~o act in its beh~lf and interest hereby agree to comply with the provisions or Title V11 and the ADEA and agree in this Decree to be enjoined, and are enjoined, from refusing to hire female ~pplicants for employment because of their sex and/or age and from utilizing disparate qualifications for male and female applicants. 25. In accordance with this Decree, PJAX will institute and carry out the following Ilractices: Within six (6) months after the date of entry of the Decree, PlAX will create a Human Resources Specialist Position. The incumbent in this position will have aprofessionaI background in the field of human resources and will be responsible for, inter alia, ensuring that PlAX's hiring practices are compliant with Title VII, the ADEA and the ADA and, with an emphasis on promoting employment opportunities for females in the traditionally male jobs of . driver and dockworker. Upon its selection of the incumbent for this position, PIAX will notify th¢ Commission who the selectee is and provide a summary of the selectee's professional experience. If the incumbent changes during the duration of this Decree, PJAX will notify the Commission and identify the new incumbent when that individual is selected. At a minimum, thd incumbent(s) of this position will have authority to take adequate measures to achieve the following goals at PlAX's headquarters and throughout its facilities nationwide:
1) development of defined, uniform, objective, job-related qmilifications for the positions of driver and dockworker;
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-------- - - - - - - - - - - - - - -

2) to sex or age;

recruitment and hiring of drivers and dockworkers without regard

3) procedures;

implementation of job announcement and other recruitment

4) implementation of objective, defined, unifonn, and published procedures for hiring;

5) implementation of defined and consistent job application, recordkeeping, and re.cords retention procedures, including the development and retention of applicant flow data; and

6) implementation of the Priority Hiring Relief provisions of this Decree as set forth in Paragraphs 20 through 23 of the Decree.

26. PJAX, its officers, agents, servants, employees and all persons acting or claiming
tp act in its behalf and interest hereby agree to comply with the provisions of the ADA and agree

in this Decree to be enjoined, and are enjoined, from unlawfully issuing to applicants pre-

employment medical questionnaires and from soliciting medical information from applicants in,

t)~e pre-emploYment stage.

27. PJAX, its officers, agents, servants, employees and all persons acting or claiming

to act in its behalf and interest hereby agree to be enjoined, and are enjoiI1~cl, from retaliating

a!~ainst any employee for protesting or challenging PJAX's employment practices under Title
I
VII, the ADEA, and the ADA. Particular reference is made to the following provisions:

It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment . . . 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.

Title VII, Section 704(a).

It shall be unlawful for an employer to discriminate against any of his employees or applicants for employment .. , because such individual ... has opposed any practice made unlawful by this section, or because such individual ... has made a charge, testified,
-10-

assisted, or participated in any manner in an investigation, proceeding, or litigation under this chapter. ADEA, Section 623(d).
No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter. ADA, Title I, Section 503.
Quarterly Reports 28. Beginning on the first day of the quarter (October, January, April, or July) :lmmediately following the entry of the Decree and continuing on the first day of each quarter Ulereafter throughout the duration of the Decree, PIAX will submit to the Commission's Baltimore District Office a quarterly report, detailing its activities with respect to the nationwide recruitment and hiring of employees, both male and female, for the positions of driver and dbckworker, along with its progress in meeting the goals outlined above. As part of this :submission, PJAX will provide copies of any written offers of employment that were made dUring the quarter to Eligible Claimants pursuant to the "priority hiring consideration" provisions olf this Decree. Additional infonnation provided should include the details of the offer of employment, i.e., date of offer, position offered, and geographic location of position, and wn.ether the offer of employment was accepted or rejected by the Eligible Claimant. In addition to furnishing the above-referenced reports, PJAX agrees that the EEOC may monitor compliance with the Consent Decree throughout the duration of the Decree by inspecting PJAX's prmnises/facilities/terminals and records, upon two (2) full business days advance notice, and by int,~rviewing employees at reasonable times. PJAX agrees to make available for inspection and cop:ying any records reasonably related to the implementation of this Decree upon notice by the
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· EEOC. Such monitoring shall not unduly interfere with PIAX's normal business operations and
procedures. Training
29. PlAX will provide, within one hundred twenty (120) days from the date of entry of the Decree, no fewer than three (3) hours of training in federal laws prohibiting discrimination in employment for ~ 11 cuttent officers, mfuiageiS, supervisors and employees responsible for tecruitment, screening, and hiring of new employees. This training shall be conducted by an outside consultant or law finn approved by the EEOC, which approval shall not be unreasonably withheld. For the duration of the Decree, PlAX shall provide this same training to all newly J~ired officers, managers, supervisors, and employees, as set forth herein, who are responsible for recruitment, screening, and hiring of new employees. Within ten (10) business days of providing e~lch such training session, PlAX will furnish the EEOC with a signed attendance list, the date apd duration of the training, an outline of the training conducted, and a certiification of completion of the mandatory training.
Notice Posting 30. Within ten (10) days after entry of this Decree, PlAX will post the Notice attached hereto as Attachment C in all places where notices to employees customarily are posted at all of its terminals and facilities nationwide, except for its Gibsonia, Pennsylvania headquarters and terminal; PlAX will post a Notice at its Gibsonia, Pennsylvania headquarters and tenninal in the manner prescribed by the Consent Decree entered into between it and the
EEOC in c.A. No. 03-0759. The Notice shall be posted and maintained for the duration of the
De¢ree and shall be signed by a responsible official of PIAX with the date of actual posting
shown thereon. Should the Notice become defaced, marred, or otherwise made umeadable, PlAX will ensure that new readable copies of the Notice are posted in the same manner as
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-'
'heretofore specified. Within thirty (30) days of entry of the Decree, PlAX shall forward to the
EEOC's Baltimore District Office, a copy of the signed Notice and written certification that the Notice referenced herein has been posted and a statement of the location(s) and date of posting.
Dispute Resolution 31. In the event that either Party to the Decree believes that the other party has failed to comply with any provision(s) of the Decree, the complaining Party shall notify the alleged :non-complying Party in writing of such alleged non-compliance and afford the alleged nonQomplying Party thirty (30) business days to remedy the alleged non-compliance or te satisfy the complaining Party that the alleged non-complying Party has complied. If the alleged noncomplying Party has not remedied the alleged non-compliance or satisfied the complaining Party tllat it has complied within thirty (30) business days, the complaining Party may apply to the Court for appropriate relief. 32. In the event any dispute or question arises as to the interpretation or irnplemehtation of this Decree, the Parties shall attempt, in good faith, to resolve such dispute or
question infonnally within thirty (30) business days. If tl1~ Pf.l.Ities are unable to resolve the
cu.spute or question, the issue shall be submitted to the Court for final decision.
33. The Parties agree that the Court shall retain jurisdiction over this Decree in order
to 'enforce its provisions.
Other General Provisions 34. In computing any period of time prescribed or allowed by this Decree, unless
oth.erwise stated, such computation shall be made consistent with the Federal Rules of Civil Pnjcedure.
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35. PJAX shall pay all the administrative and/or other costs associated with its :obligations under this Decree, including the payment of monetary relief, recruiting and hiring a human resources specialist, and providing training as set forth herein.
36. This Decree shall be filed in the United States District Court for the District Court of Maryland.
37. The COIn-mission a.Tld PJ.A~X shall bear their own costs and attorneys' fees for this :lawsuit.
[REMAINDER OF PAGE INTBNTIONALLY LEFT BLANK]
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.......

38 The case shall be and hereby is dismissed with prejudice, subject to this Court's

jurisdiction to enforce the provisions of this Consent Decree.

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, PJAX, INC.

FOR PLAINTIFF:

COHEN & GRIGSBY, P.C.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

It&~~---- .,~. Scott Hardy
J:1 Stanwix Street, 15th Floor Pittsburgh, PA 15222 (412) 297-4900
Dated: :November 20, 2003

/s/
Gerald S. Kiel, Regional Attorney
lsI
Debra M. Lawrence, Supervisory Trial
Attorney
City Crescent Building 10 South Howard Street, 3rd Floor Baltimore,:MD 21201 (412) 962-3932
Dated: November 20,2003

A1Pproved by the Court this _ day of

, 2003.

J. Frederick Motz
United States District Judge

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''--"

ATTACHMENT A

IN THE UNITED STATES DIS1RICT COURT FOR THE DISTRICT OF MARYLAND
NORTHERN DNISION

:8QUAL EMPLOYMENT OPPORTUNITY

)

(I~OMMISSION ,

)

)

Plaintiff,

)

)

v.

)

)

PJAX, INC.,

)

)

)

Defendant.

)

"'---,.---------------)

CIVIL ACTION NO. JFM-03-cv-01535

RELEASE

For and in consideration of the tenns of the Consent Decree entered into by the Equal

Employment Opportunity Commission and PJAX, Inc., in Civil Action No. 03-cv-01535 (N.D.

rv.rd.) I, (Eligible Claimant's Name), do hereby waive, remit, release and forever discharge
p~nAX, Inc., its subsidiaries, affiliates, and assigns, and all of its officers, directors, agents, and er~ployees, and all persons, partnerships, corporations or other entities who might be claimed to,

be:jointly or severally liable with it, from the claims, demands, and causes of action which were

as:serted in the Complaint in EEOC v. PJAX, Inc., Civil Action No. 03-cv-01535 (N.D. Md.), and

and/or were asserted, investigated, raised, or otherwise encompassed in EEOC Charge No.

120AOO300 andJor the EEOC's June 25, 2002 Letter of Determination and its August 15, 2002

Letter of Determination. Specifically, this release constitutes a complete and final settlement and

res6h:ltion .of all claims of sex discrimination that were asserted by the EEOC in this action under

Title VII, arising from January 1, 1997 through the date of the date of this Release.

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I further warrant that this Release is freely executed in return for the consideration set
forth in the above-referenced Consent Decree and that I am legally competent to execute this
Release and. accept full responsibility therefor. I understand that this l~elease is given in compromise of a disputed claim, and is therefore not to be construed as an admission of liability on the part of PJAX, Inc.
_ _ _ _ _ _ _ _ _ _(SEAL)

STATEOF COUNTY OF

)
) ss: )

On this, the

day of

in and for said County and State, personally appeared

, 2003, before me, a Notary Public _

known to me to be the person who executed the same as his/her free act or deed.

-,---~------------
Notary Public My Commission expires:

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r6093LEI
ATTACHMENT B
Priority Hiring Criteria for Employment Eligibility
PRE,·OFFER: 1. At least eighteen (18) years of age for dockworker and twenty-three (23) years of age for
driver. 2. High school diploma or eqJ.livalent. 3. Completion of employment application and related documents. Lt Availability for schedule/hours of position. 5. Sufficiently conversant in English to read and understand bills of lading and shipping
labels. 6. Ability to regularly lift and carry fifty (50) pounds. 7. Clean criminal history background check. 8. Ability to operate a powered industrial truck.
F'OST-OFFER: 1. Successful completion of skills and knowledge test regarding operation of a powered
industrial truck pursuant to 29 CFR §191O.178(1). 2. Successful completion of hazardous materials training and testing pursuant to 49 CPR
§172.700-704 and 29 CPR §1910.120. 3. Satisfactorily passes post-offer medical examination, including substance abuse testing.
ADDITIONAL REQUIREMENTS FOR DRIVERS:
PJRE-OFFER: 1. Possesses a current, valid Commercial Driver's License, and, where required for position,
double/twins endorsement. Also, no individual will be considered unless they have a hazardous materials endorsement. 2. Satisfactory MVR/safety record and no history of Dill or related offenses. 3. Satisfactory results of inquiry pursuant to 49 CFR Part 391.23. 4. Satisfactory results of inquiry in conformity with 49 CFR §§382.405, 382.413 and 40.25. 5. Satisfactory Certificate of Compliance pursuant to 49 CPR Parts 383, 391 and 392. 6. At least two (2) years of applicable, relevant driving experience.
POST-OFFER:
1. Successful post-offer completion of road test pursuant to 49 CPR Part 391.31.
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.:<'''-,.
ATTACHMENT C
NOTICE
This notice is being posted as part of the resolution of EEOC v. PlAX, Inc., Civil Action Number
vn 03-cv-03515 (D. Md.). The EEOC brought this action enforce provisions of Title of the
Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabil:ities Act, which prohibits discrimination on the basis of sex, age and disability. PlAX, Inc. fully supports and will comply with these statutes in all respects. It will not engage in any lemployment practice which operates to deny equal employment opportunities in violation of these statutes.
vn lGJnder Section703(a) of Title of the Civil Rights Act of 1964, it is unlawful for an employer
"to fail or refuse to hire ..: any individual ... because of such individual's ... sex ....It
Under Section 623(a)(1) of the Age Discrimination in Employment Act, "it shall be unlawful for
an employer to fail or refuse to hire .. any individual ... because of such individual's age.
Under Section 102 of Title I of the Americans with Disabilities Act ("ADA"),
No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other tenus, conditions, and privileges of employment.
VVE WILL NOT engage in any acts or practices made unlawful by the above sections.
\VE Wll.L NOT discriminate or retaliate in any manner against any person because of opposition to: any practice declared unlawful by any of the above provisions.
'VE WILL conduct our hiring practices without regard to an employee's sex and ensure that females are given equal encouragement and opportunities to assume the positions of driver and dockworker.

PlAX,INC. (Employer)

Dated:

(Representative)(Title)

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ATTACHMENT C
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY

)

CO:MMISSION,

)

)

Plaintiff,

)

)

v.

)

)

PJAX,INC.,

)

)

Defendant.

)

--------------)

CIVIL ACTION NO. 03-0759

RELEASE

For and in consideration of the tenns of the Consent Decree entered into by the

Equal Employment Opportunity Commission and PJAX, Inc., in C.A. No. 03-0759 (W.n. PA) I,

_ _~

(Eligible Claimant's Name), do hereby waive, remit, release and

forever discharge PJAX, Inc., its subsidiaries, affiliates, and assigns, and all of its officers,

directors, agents, and employees, and all persons, partnerships, corporations or other entities who

might be claimed to be jointly or severally liable with it, from the claims, demands, and causes of

action which were asserted in the Complaint in EEOC v. FJAX. Inc., Civil Action No. 03-0759

(WD.PA), and/or identified in the EEOC's November 12, 2002 Letter of Detennination.

Specifically, this release constitutes a complete and final settlement and resolution of all claims

of sexual harassment, sex-based harassment, sex discrimination, retaliation, or constructive

discharge that were asserted by the EEOC in this action under Title VIT, from June 2, 1999

through the date of this Release, including, but not limited to any claim for reinstatement of

employment with PJAX.

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--." .

76093IL6.DOC
I further warrant that this Release is freely executed in return for the consideration set forth in the above-referenced Consent Decree, in the amount of $50,000,00, and that I am legally competent to execute this Release and accept full responsibility therefor. I understand that this Release is given in compromise of a disputed claim, and is therefore not to be construed as an admission of liability on the part ofPJAX, Inc.
_ _ _ _ _ _ _ _ _ _ _CSEAL)

STAtE OF COrn~Y OF

)
) ss:
)

On t.his, the

day of

in and. for said County and. State, personally appeared

,2003, before me, a Notary Public
---;.. _

known to me to be the person who executed the same as his/her free act or deed.

Notary Public My Commission expires:

-14-

• T"

""'"T"

~----'--' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 
 CM/ECF - pawd - Docket Report

https://ecf.pawd.uscourts.gov/cgi-bin/DktRpt.pl?917009300187718-L_...

CLOSED, MAG
U.S. District Court Western District of Pennsylvania (Pittsburgh) CIVIL DOCKET FOR CASE #: 2:03-cv-00759-TFM-IJS

EQUAL EMPLOYMENT v. PJAX, INC. Assigned to: Judge Terrence F. McVerry Referred to: Ila Jeanne Sensenich Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
V.

Date Filed: 05/27/2003 Date Terminated: 11/26/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Jacqueline H. McNair Equal Employment Opportunity Commission 21 South Fifth Street Suite 400, The Bourse Building Philadelphia, PA 19106 (215) 440-2666 Email: Jacqueline.McNair@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Judith A. O'Boyle Equal Employment Opportunity Commission 21 South Fifth Street Suite 400, The Bourse Building Philadelphia, PA 19106 (215) 440-2666 Email: Judith.Oboyle@EEOC.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
M. Jean Clickner Equal Employment Opportunity Commission 1001 Liberty Avenue Suite 300, Liberty Center Pittsburgh, PA 15222 (412) 644-6439 Fax: (412) 644-4935 Email: jean.clickner@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

1 of 4

8/18/2007 3:50 PM

CM/ECF - pawd - Docket Report

https://ecf.pawd.uscourts.gov/cgi-bin/DktRpt.pl?917009300187718-L_...

Defendant PJAX, INC.

represented by James B. Brown Cohen & Grigsby 11 Stanwix Street 15th Floor Pittsburgh, PA 15222-1319 (412) 297-4900 Email: jbrown@cohenlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
W. Scott Hardy Cohen & Grigsby 11 Stanwix Street 15th Floor Pittsburgh, PA 15222-1319 (412) 297-4900 Email: shardy@cohenlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 05/27/2003 05/28/2003
06/05/2003 06/06/2003 06/10/2003
06/16/2003 07/10/2003 07/25/2003 07/29/2003

#

Docket Text

1 COMPLAINT with summons issued; jury demand (tt) (Entered: 05/27/2003)
2 ORDER REFERRING CASE to Mag. Judge Ila J. Sensenich ( signed by Judge Terrence F. McVerry on 5/27/03 ) CM all parties of record. (tt) (Entered: 05/28/2003)
3 NOTICE of Attorney Appearance for PJAX, INC. by James B. Brown, W. Scott Hardy (tt) (Entered: 06/06/2003)
4 MOTION by PJAX, INC. to Extend Time to answer or otherwise respond to pltf's complaint , with Proposed Order. (tt) (Entered: 06/06/2003)
ORDER upon motion granting [4-1] motion to Extend Time to answer or otherwise respond to pltf's complaint; reset Answer deadline to 7/28/03 for PJAX, INC. ( signed by Mag. Judge Ila J. Sensenich on 6/9/03 ) CM all parties of record. (tt) (Entered: 06/10/2003)
5 RETURN OF SERVICE executed as to PJAX, INC. 5/29/03 Answer due on 6/18/03. (ksa) (Entered: 06/16/2003)
6 MOTION by PJAX, INC. for Stay , with Proposed Order. (tt) (Entered: 07/10/2003)
7 RESPONSE by EQUAL EMPLOYMENT in opposition to [6-1] motion for Stay by PJAX, INC. (jsp) (Entered: 07/25/2003)
ORDER upon motion denying [6-1] motion for Stay, reset Answer deadline to 8/29/03 for PJAX, INC. ( signed by Mag. Judge Ila J. Sensenich on 7/28/03 ) CM

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08/29/2003 09/04/2003
09/26/2003 10/02/2003
10/06/2003 10/06/2003 10/06/2003 10/17/2003
11/04/2003 11/05/2003
11/24/2003 11/26/2003
11/26/2003

all parties of record. (jsp) (Entered: 07/29/2003)
8 Stipulation by PJAX, INC., EQUAL EMPLOYMENT for extension of time for deft to answer pltf's complaint , with proposed order. (tt) (Entered: 08/29/2003)
ORDER upon stipulation granting [8-1] stipulation for extension of time for deft to answer pltf's complaint; reset Answer deadline to 9/26/03 for PJAX, INC. ( signed by Mag. Judge Ila J. Sensenich on 9/4/03 ) CM all parties of record. (tt) (Entered: 09/05/2003)
9 JOINT MOTION by EQUAL EMPLOYMENT, PJAX, INC. to Extend Time for deft to answer or otherwise respond to pltf's complaint , with Proposed Order. (tt) (Entered: 09/26/2003)
ORDER upon motion granting [9-1] joint motion to Extend Time for deft to answer or otherwise respond to pltf's complaint; reset Answer deadline to 10/6/03 for PJAX, INC. No further extensions to be granted. ( signed by Mag. Judge Ila J. Sensenich on 10/1/03 ) CM all parties of record. (tt) (Entered: 10/02/2003)
10 MOTION by PJAX, INC. to Dismiss the Complaint with Proposed Order. (plh) (Entered: 10/06/2003)
11 AFFIDAVIT by John E. Lycheski (plh) (Entered: 10/06/2003)
12 BRIEF by PJAX, INC. in support of [10-1] motion to Dismiss the Complaint by PJAX, INC. (plh) (Entered: 10/06/2003)
13 ORDER, pltf's Response to Motion set to 11/5/03 for deft's [10-1] motion to Dismiss the Complaint , and set deft's Reply Brief deadline to 11/20/03 . ( signed by Mag. Judge Ila J. Sensenich on 10/16/03 ) CM all parties of record. (tt) (Entered: 10/17/2003)
14 JOINT MOTION by EQUAL EMPLOYMENT, PJAX, INC. to Extend the Time for pltf to respond to deft's motion to dismiss , with Proposed Order. (tt) (Entered: 11/04/2003)
ORDER upon motion granting [14-1] joint motion to Extend the Time for pltf to respond to deft's motion to dismiss; Pltf's Response to Motion reset to 12/5/03 for deft's [10-1] motion to Dismiss the Complaint . ( signed by Mag. Judge Ila J. Sensenich on 11/5/03 ) CM all parties of record. (tt) (Entered: 11/06/2003)
15 CONSENT DECREE by EQUAL EMPLOYMENT, PJAX, INC. with proposed order. (tt) (Entered: 11/24/2003)
ORDER upon consent approving [15-1] Consent Decree. Defts are hereby enjoined from violating provisions as stated more fully in said Consent Decree. The case shall be and hereby is dismissed with prejudice, subject to this Court's jurisdiction to enforce the provisions of this Consent Decree. ( signed by Judge Terrence F. McVerry on 11/26/03 ) CM all parties of record. (tt) Modified on 11/26/2003 (Entered: 11/26/2003)
Case closed. Notices mailed. (tt) (Entered: 11/26/2003)

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 EEOC LITIGATION SETTLEMENT REPORT - November 2003

http://www.eeoc.gov/litigation/settlements/settlement11-03.html

EEOC v. PJAX, Inc. No. 03-0759 (W.D. Pa. November 25, 2003)
In this Title VII action, the Philadelphia District Office alleged that defendant, an interstate trucking and freight firm, permitted widespread sexual harassment of charging party and other female employees at its Gibsonia, PA headquarters. Specifically, defendant's owners and managers used vulgar and sexually derogatory names to refer to charging party and other female employees, required them to perform personal chores for the owners such as picking up their laundry and cleaning their cars, and generally yelled and cursed at them. Despite charging party's complaints for over a year, no corrective action was taken; finally, charging party was demoted, causing her to resign. By a two-year consent decree, defendant has agreed to pay $300,000 in compensatory damages to the charging party and a pro rata distribution of $200,000 to four female claimants. Defendant is enjoined from subjecting female employees to sexual harassment or any derogatory treatment that creates an unlawful hostile work environment. Defendant also agreed to revise its anti-discrimination policy to include a grievance process, confidential investigation procedures, and anti-retaliation provisions. Additionally, defendant will institute EEO training provided by an outside source and, in accordance with a consent decree resolving a suit brought by the Baltimore District Office, hire a human resources specialist who will investigate sexual harassment and gender-based disparate treatment complaints.

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