Case 1:04-cv-03106-WMN Document 1 Filed 09/29/04 Page 1 of 7

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MARYLAND NORTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Baltimore District Office 10 S. Howard Street, 3rd Fl. Baltimore, Maryland 21201
Plaintiff,
v.
HENLEY ENTERPRISES, INC. d/b/a VALVOLINE INSTANT OIL CHANGE 10708 York Road Cockeysville, Maryland 21030
and
MID-ATLANTIC LUBES, LLC d/b/a VALVOLINE INSTANT OIL CHANGE 10708 York Road Cockeysville, Maryland 21030
Defendants.

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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 ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e, et seq. (“Title VII”) and Title I of the Civil Rights Act of 1991, 42 U.S.C. Section 1981A, to correct unlawful employment practices based on race and retaliation and to make whole Ivan Pridgeon. As discussed in more detail below, Defendants racially harassed and subjected Mr. Pridgeon to disparate terms and conditions of employment because of his race,

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black. After Mr. Pridgeon complained about the racial discrimination, Defendants reduced his hours, denied him training, and discharged him in retaliation for his complaints.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to Sections 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII, 42 U.S.C. Section 2000e-5(f)(1), (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. Section 1981A. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Maryland, Northern Division. 3. Plaintiff, the Equal Employment Opportunity Commission (the “Commission”), is an agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII and is expressly authorized to bring this action by Section 706 (f)(1) and (3) of Title VII, 42 U.S.C. Section 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Henley Enterprises, Inc. (“Defendant Henley Enterprises”) has continuously been and is now a Massachusetts corporation doing business in the State of Maryland and the City of Cockeysville, and has at least fifteen employees. 5. At all relevant times, Defendant Henley Enterprises has continuously been an employer engaged in an industry affecting commerce under Section 701(b), (g), and (h) of Title VII, 42 U.S.C. Section 2000e-(b), (g), and (h). 6. At all relevant times, Defendant Mid-Atlantic Lubes, LLC (“Defendant MidAtlantic Lubes”) has continuously been and is now a Maryland corporation doing business in the State of Maryland and the City of Cockeysville, and has at least fifteen employees.
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7. At all relevant times, Defendant Mid-Atlantic Lubes has continuously been an employer engaged in an industry affecting commerce under Section 701(b), (g), and (h) of Title VII, 42 U.S.C. Section 2000e-(b), (g), and (h).
STATEMENT OF CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Ivan Pridgeon filed a charge with the Commission alleging violations of Title VII by Valvoline Instant Oil Change, a franchise operated by Defendant Henley Enterprises. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. More than thirty days prior to the institution of this lawsuit, Ivan Pridgeon filed a charge with the Commission alleging violations of Title VII by Valvoline Instant Oil Change, a franchise operated by Defendant Mid-Atlantic Lubes. All conditions precedent to the institution of this lawsuit have been fulfilled. 10. Since at least June 11, 2003, Defendant Henley Enterprises has engaged in unlawful employment practices at its Cockeysville Valvoline Instant Oil Change franchise, in violation of Sections 703(a) and 704(a) of Title VII, 42 U.S.C. Section 2000e-2(1) and 2000e3(a). The practices include the following:
a. Subjecting Ivan Pridgeon to a hostile and offensive work environment and to disparate terms and conditions of employment by condoning the racially harassing and discriminatory behavior of Manager Vernon Hill. Discriminatory incidents committed by Hill include, but are not limited to, instructing Mr. Pridgeon not to perform maintenance presentations for white customers; ordering Mr. Pridgeon to report downstairs and remain out of sight when white customers arrived; threatening Mr. Pridgeon with termination should he speak with white
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customers; referring to Mr. Pridgeon and another black employee as “niggers”; and instructing white employees not to tell Mr. Pridgeon about a training class;
b. Reducing Mr. Pridgeon’s hours, denying him training, and discharging him in retaliation for complaining of racial discrimination.
11. Since at least late June 11, 2003, Defendant Mid-Atlantic Lubes has engaged in unlawful employment practices at its Cockeysville Valvoline Instant Oil Change franchise, in violation of Sections 703(a) and 704(a) of Title VII, 42 U.S.C. Section 2000e-2(1) and 2000e3(a). The practices include the following:
a. Subjecting Ivan Pridgeon to a hostile and offensive work environment and to disparate terms and conditions of employment by condoning the racially harassing and discriminatory behavior of Manager Vernon Hill. Discriminatory incidents committed by Hill include, but are not limited to, instructing Mr. Pridgeon not to perform maintenance presentations for white customers; ordering Mr. Pridgeon to report downstairs and remain out of sight when white customers arrived; threatening Mr. Pridgeon with termination should he speak with white customers; referring to Mr. Pridgeon and another black employee as “niggers”; and instructing white employees not to tell Mr. Pridgeon about a training class;
b. Reducing Mr. Pridgeon’s hours, denying him training, and discharging him in retaliation for complaining of racial discrimination.
12. The unlawful employment practices complained of in paragraphs 10 and 11 were intentional.
13. The unlawful employment practices complained of in paragraphs 10 and 11 were done with malice or with reckless indifference to the federally protected rights of Ivan Pridgeon.
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WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Henley Enterprises, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in racial harassment, from engaging in disparate terms and conditions of employment based on race, and from engaging in retaliation against employees who oppose practices made unlawful by Title VII; B. Grant a permanent injunction enjoining Defendant Mid-Atlantic Lubes, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in racial harassment, from engaging in disparate terms and conditions of employment based on race, and from engaging in retaliation against employees who oppose practices made unlawful by Title VII; C. Order Defendant Henley Enterprises to institute and carry out policies, practices, and programs which eradicate racial harassment, discrimination and retaliation, and prevent racial harassment, discrimination and retaliation from occurring in the future, and which eradicate the effects of past and present racial harassment, discrimination and retaliation; D. Order Defendant Mid-Atlantic Lubes to institute and carry out policies, practices, and programs which eradicate racial harassment, discrimination and retaliation, and prevent racial harassment, discrimination and retaliation from occurring in the future, and which eradicate the effects of past and present racial harassment, discrimination and retaliation; E. Order Defendant Henley Enterprises to reinstate Ivan Pridgeon to his rightful place position; F. Order Defendant Mid-Atlantic Lubes to reinstate Ivan Pridgeon to his rightful
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place position; G. Order Defendant Henley Enterprises to make whole Ivan Pridgeon by providing
appropriate back pay with prejudgment interest and front pay in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices;
H. Order Defendant Mid-Atlantic Lubes to make whole Ivan Pridgeon by providing appropriate back pay with prejudgment interest and front pay in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices;
I. Order Defendant Henley Enterprises to make whole Ivan Pridgeon by providing compensation for pecuniary and nonpecuniary losses, including emotional pain, suffering, anxiety, depression, embarrassment, degradation, and humiliation;
J. Order Defendant Mid-Atlantic Lubes to make whole Ivan Pridgeon by providing compensation for pecuniary and nonpecuniary losses, including emotional pain, suffering, anxiety, depression, embarrassment, degradation, and humiliation;
K. Order Defendant Henley Enterprises to pay punitive damages to Ivan Pridgeon for its callous indifference to his federally protected right to be free from race discrimination and retaliation in the workplace;
L. Order Defendant Mid-Atlantic Lubes to pay punitive damages to Ivan Pridgeon for its callous indifference to his federally protected right to be free from race discrimination and retaliation in the workplace;
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M. Grant such further relief as the Court deems proper; and N. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the Complaint.
Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
/s/ GERALD S. KIEL Regional Attorney
/s/ DEBRA M. LAWRENCE Supervisory Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 10 S. Howard Street, 3rd Floor Baltimore, Maryland 21201 (410) 962-4349 (phone) (410) 962-4270 (fax)
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 Case 1:04-cv-03106-WMN Document 18 Filed 04/07/05 Page 1 of 6

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
NORTHERN DNISION

EQUAL EMPLOYMENT OPPORTUNITY .

COMMISSION

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Plaintiff

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v.
HENLEY ENTERPRISESIN, C. d/b/a VAL VOLINE INSTANT OIL CHANGE
aIki
MlD-ATLANTIC LUBES,LCC d/b/a

. CML ACTION! NO.
. 1:O4-cv-3106-WNN
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. .
. . .
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VALVOLINE INSTANT OIL CHANGE.

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Defendants

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CONSENT DECREE This action was instituted by Plaintiff, Equal Employment Opportunity Commission(the "EEOC"or the "Commission")a, gainstDefendantsH, enleyEnterprises, Inc. d/b/a Valvoline Instant Oil Change and Mid-Atlantic Lubes, LLC d/b/a Valvoline Instant Oil Change (hereinafter Defendants), alleging that Defendants violated Sections 703(a) and 704(a) of Title VO of the Civil Rights Act of 1964. as amended,("Title VUlt) 42 V.S.C. Section 2000e-2(a) and 3(a) by subjecting Ivan Pridgeon, a black male, to a racially hostile work environmentand thereafterterminating him in retaliation for complaining about this environment. Both the Commissionand Defendantsdesireto resolvethe Commission'saction without the time and expenseof continued litigation, and they desireto formulate a plan to be embodiedin a Decreewhich will promote and effectuatethe purposesof Title vn

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This Decree shall not constitute an adjudication on the merits of the Commission'scaseand shall not be construedas an admissionby Defendantof any discriminatorypractice or as a waiver by the Commissionof any contentionsof discrimination.The Courthasexaminedthis Decreeandfinds that it is reasonableand just andin accordancwe ith thepurposesof Title VII. Thereforeu, pondueconsideration of the record herein and being fully advised in the premises,it is ORDERED, ADJUDGEDAND DECREED:
1. This Decreeresolvesall issuesandclaimsallegedin the Complaintfiled by the Commissionin this Title VII action which emanatedfrom the Chargeof Discrimination filed by Ivan Pridgeon.
2 Defendantst,heir officers, agents,servants,employeesand all persons actingor claimingto act in their behalfandinterestshallbe pennanentlyenjoinedand restrained from engaging in any employment practice which discriminates against their employees based on race and based on their participation in protected activity, in violationof Title VII, particularlythefollowingprovision:
It shall be an unlawful employment practice for an employer(I) to discriminateagainstany individual with
respect to his ... terms, conditions,or privilegesof
42 V.S.C. §2000e-2(a)(1).
2

ecar s'laudividni hcus fo esuaceb ,tnemyolpme

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It shall be an unlawful employment practice for an employerto discriminateagainstany of his employees... because[the employee]hasopposedany practicesmadean unlawful employmentpractice by this subchapter,or becausehe has made a charge, testified, assisted,or participatedin any mannerin an investigationp, roceeding, or hearingunderthis subchapter.

42 U.S.C. §2000e-3(a).

3 In furtheranceof paragraph2, above,within six monthsfollowing the

entJ"yof this Decree,Defendantswill provide a minimum of two hours equal employment

opportunity ("EEO") training, through a qualified lawyer or trainer with expertisein EEO

matters,to all personnelinvolved in the supervision,discipline, and termination decisions

of employeesat their Cockeysville and Glen Bumie, Maryland facilities, specifically with regard to making race-neutralemployment decisions and imposing race-neutral

employmentconditionsasthey relateto Defendantso' bligationsunderTitle VII. Upon the completionof such training, Defendantswill provide certificationto Commission counselthat suchtraininghasbeenprovidedincludingthe identity of the provider,the

datesandlocationof thetraining,thenamesof theattendeesa,ndthenumberof hoursof

training,

4.

Within ten days after entry of this ConsentDecree,Defendantswill pay to

Ivan Pridgeon a total of $30,000, and will issue the .R.S. 1099 fOrDlS to reflect this

payment.

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5. Upon approvalof this Decree,Defendantswill post immediatelyin all
locationsat their Cockeysvilleand Glen Bumie, Marylandfacilities, wherenoticesto employeescustomarily are posted,the Notice attachedhereto as Exhibit" A" and made a part hereof. Said Notice attachedheretoas Exhibit" A" shall be postedand maintainedfor a period of at leastone year from the dateof posting and shall be signedby a responsible official of Defendantswith the dateof actualpostingshownthereon.Shouldthe Notice becomedefacedm, arred,or otherwisemadeunreadableD, efendantswill ensurethatnew readablecopiesof the Notice are postedin the samemanneras heretoforespecified. Within thirty (30) days of approvalof this Decree,Defendantsshall forward to the attorneyof recordat the BaltimoreDistrict Office a copyof the signedNoticeattached heretoasExhibit" A" andwrittencertificationthattheNoticereferencedhereinhasbeen postedanda statementof the location(s) anddateof posting
6. The Commissionand Defendantsshall beartheir own costsand attorneys' fees.
Theundersignedcounselof recordin the above-captioneadctionherebyconsent, on behalf of their respectiveclients, to the entry of the foregoing ConsentDecree.
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For Defendant:

For Plaintiff:
Eric S Dreiband General Counsel
JamesL. Lee Deputy GeneralCounsel
Gwendolyn Young Reams Associate General Counsel

CarolynC. Williamson

Krause,Fizer,Crogan,Lopez

& Dent TheB&O

Building-

Suite310

2 NorthCharlesStreet

Baltimore,Maryland 21201-3725 (410) 539-7990

GeraldS. Kiel RegionalAttorney
Is! Debra M. Lawrence Supervisory Trial Attorney
EEOC Baltimore District Office 10 S. Howard Street, 3rd Floor Baltimore, Maryland 21201 (410) 962-4349

SO ORDERED.
Signedandenteretdhis 7 II. dayof

~

- .2005

WUniiltleiadm~~ States

~~ District

Court

Judge

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EXHIBIT A
NOTICE TO EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND HENLEY ENTERPRISES, INC. d/b/a VALVOLINE INSTANT OIL CHANGE AND MID-ATLANTIC LUBES, LLC d/b/a VALVOLINE INSTANT OIL CHANGE
UnderSection703(a)of Title VII,
It shall be an unlawful employment practice for an employer(1) to discriminateagainstanyindividualwith respecto his ... terms,conditions,or privilegesof employmentb, ecauseof

ecar s'laudividni hcus

Under Section704(a)of Title vll,
It shall be an unlawful employment practice for an employer to discriminate against any of his employees ... because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted,or participatedin any mannerin an investigation, proceeding,or hearing underthis subchapter.
WE WILL NOT engagein any actsor practicesmadeunlawful by the above sections.
WE WILL NOT make any decisionsregarding the terms and conditions of anyone's employmentbasedon that employee'srace.
WE WILL NOT make any discipline or discharge decisions based on any employee's complaints of race-basedmistreatmentunder any employment discrimination statutes.
HENLEY ENTERPRISES, INC. d/b/a VALVOLINE INSTANT OILCHANGE and MID-ATLANTIC LUBES, LLC d/b/a VAL VOLINE INSTANT OIL CHANGE

Dated:

By: (Name of Employer Representativeand Title)

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 Case: 1:04-cv-3106 As of: 04/14/2010 09:49 PM EDT 1 of 3
U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:04−cv−03106−WMN

CLOSED

Equal Employment Opportunity Commission v. Henley Enterprises, Inc. et al Assigned to: Judge William M Nickerson Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 09/29/2004 Date Terminated: 04/07/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by Debra Michele Lawrence U S Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14102092734 Fax: 14109622817 Email: debra.lawrence@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gerald S Kiel US Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624207 Fax: 14109624270 Email: gerald.kiel@eeoc.gov ATTORNEY TO BE NOTICED

Gwendolyn Young Reams U S Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624260 Fax: 14109622817

V. Defendant Henley Enterprises, Inc. doing business as Valvoline Instant Oil Change
Defendant Mid−Atlantic Lubes, LLC doing business as Valvoline Instant Oil Change

represented by Carolyn Chappell Williamson CeCe Williamson LLC PO Box 272 Keswick, VA 22947 14349609845 Fax: 14106301134 Email: cece@ccwlegal.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carolyn Chappell Williamson (See above for address) LEAD ATTORNEY

Case: 1:04-cv-3106 As of: 04/14/2010 09:49 PM EDT 2 of 3 ATTORNEY TO BE NOTICED

V. Movant Ivan Pridgeon

represented by Anna L Jefferson Lebau and Neuworth LLC 606 Baltimore Ave Ste 201 Baltimore, MD 21204 14102963030 Fax: 14102968660 Email: aj@joblaws.net ATTORNEY TO BE NOTICED

Date Filed 09/29/2004
09/29/2004
09/29/2004
09/29/2004 12/09/2004 12/09/2004 12/09/2004 12/21/2004
01/19/2005
02/01/2005
02/01/2005 02/17/2005 02/17/2005 02/25/2005
03/03/2005

# Docket Text
1 COMPLAINT against Henley Enterprises, Inc., Mid−Atlantic Lubes, LLC , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(bmh, Deputy Clerk) (Entered: 09/29/2004)
2 Notice of Lawsuit and REQUEST FOR WAIVER of Service sent to Henley Enterprises, Inc. by Equal Employment Opportunity Commission. (bmh, Deputy Clerk) (Entered: 09/29/2004)
3 Notice of Lawsuit and REQUEST FOR WAIVER of Service sent to Mid−Atlantic Lubes, LLC by Equal Employment Opportunity Commission. (bmh, Deputy Clerk) (Entered: 09/29/2004)
JURY TRIAL DEMAND by Equal Employment Opportunity Commission. (bmh, Deputy Clerk) (Entered: 09/29/2004)
4 Correspondence from counsel for plaintiff re: Issuance of summons. (jnl, Deputy Clerk) (Entered: 12/09/2004)
5 Summons Issued 20 days as to Mid−Atlantic Lubes, LLC. (jnl, Deputy Clerk) (Entered: 12/09/2004)
6 Correspondence from Clerk re: ECF Warning. (jnl, Deputy Clerk) (Entered: 12/09/2004)
7 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Henley Enterprises, Inc. waiver sent on 11/23/2004, answer due 1/22/2005. (Lawrence, Debra) (Entered: 12/21/2004)
8 SUMMONS Returned Executed by Equal Employment Opportunity Commission. Mid−Atlantic Lubes, LLC served on 1/3/2005, answer due 1/23/2005. (Lawrence, Debra) (Entered: 01/19/2005)
9 Consent MOTION for Extension of Time for Filing Defendants' Response to Plaintiff's Complaint by Henley Enterprises, Inc., Mid−Atlantic Lubes, LLC. Responses due by 2/18/2005 (Williamson, Carolyn) (Entered: 02/01/2005)
10 PAPERLESS ORDER granting 9 Motion for Extension of Time. Signed by Judge William M Nickerson on 2/1/05. (cae, Chambers) (Entered: 02/01/2005)
11 ANSWER to Complaint by Henley Enterprises, Inc., Mid−Atlantic Lubes, LLC.(Williamson, Carolyn) (Entered: 02/17/2005)
12 SCHEDULING ORDER Status Report due by 7/5/2005.. Signed by Judge William M Nickerson on 2/17/05. (jnl, Deputy Clerk) (Entered: 02/17/2005)
13 MOTION to Intervene by Ivan Pridgeon. Responses due by 3/14/2005 (Attachments: # 1 Memorandum in Support# 2 Complaint)(Jefferson, Anna) (Entered: 02/25/2005)
14 Joint Correspondence re: extension for filing initial report to allow parties to resolve case (Lawrence, Debra) (Entered: 03/03/2005)

Case: 1:04-cv-3106 As of: 04/14/2010 09:49 PM EDT 3 of 3

03/03/2005

15 PAPERLESS ORDER APPROVING request for extension of time re 14 Miscellaneous Correspondence. Signed by Judge William M Nickerson on 3/3/05. (cae, Chambers) (Entered: 03/03/2005)

03/16/2005

16 NOTICE of Settlement and Proposed Consent Decree by Equal Employment Opportunity Commission, Henley Enterprises, Inc., Mid−Atlantic Lubes, LLC (Attachments: # 1 Text of Proposed Order Consent Decree)(Williamson, Carolyn) (Entered: 03/16/2005)

03/22/2005

17 PAPERLESS ORDER finding as moot 13 Motion to Intervene. Signed by Judge William M Nickerson on 3/22/05. (cae, Chambers) (Entered: 03/22/2005)

04/07/2005

18 CONSENT DECREE and approval. Signed by Judge William M Nickerson on 4/7/05. (jnl, Deputy Clerk) (Entered: 04/07/2005)