UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
NORTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

10 S. Howard Street

)

3rd Floor

)

Baltimore, Maryland 21201

)

)

Plaintiff,

)

)

v.

)

)

)

DUCLAW BREWING CO. OF

)

ARUNDEL MILLS, LLC.,

)

)

16A Bel Air South Parkway

)

Bel Air, Maryland 21015

)

)

Defendant.

)

)

)

Civil Action No. COMPLAINT & JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of

1964 and Title I of the Civil Rights Act of 1991 to correct

unlawful employment practices on the bases of sex and engaging in

protected activity, and to provide appropriate relief to Jaime

Mangum who was adversely affected by such practices. The

Commission alleges that Ms. Mangum worked for Defendant DuClaw

Brewing Co. of Arundel Mills, LLC. (“Defendant”) as a

bartender/bar server and shift manager and before announcing her

pregnancy to Defendant, enjoyed a successful career with

Defendant. In December, 2002, after announcing her pregnancy,

Defendant discriminated and retaliated against her by creating meritless disciplinary warnings against her, by threatening to demote her, by reducing her work hours, and by eventually terminating her because of her pregnancy and because she opposed Defendant’s pregnancy-based mistreatment towards her.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A. 2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the District of Maryland, Northern Division.
PARTIES 3. Plaintiff, 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 2000e5(f)(1) and (3).
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4. At all relevant times, Defendant has continuously been a Maryland corporation doing business in the State of Maryland, and the cities of Bel Air and Hanover, and has continuously had at least fifteen employees.
5. At all relevant times, Defendant 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. Sections 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Jaime Mangum filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least December, 2002, Defendant Employer has engaged in unlawful employment practices at its Bel Air and Hanover, Maryland facilities in violation of Sections 703(a) and 704(a) of Title VII, 42 U.S.C. Section 2000e-2(a)and 3(a). These practices include threatening demotion, issuing meritless warnings, reducing the work hours, and terminating the employment of Jaime Mangum because of her pregnancy and because she opposed her pregnancy-based mistreatment. 8. The effect of the practices complained of in paragraph 7 above has been to deprive Jaime Mangum of equal employment
3

opportunities and otherwise adversely affect her status as an employee because of her sex and because she opposed her pregnancy-based mistreatment.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Jaime Mangum.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in employment practices which discriminate on the basis of sex by mistreating and terminating employees because they are pregnant and because they complain of pregnancy-based mistreatment in violation of Sections 703(a) and 704(a) of Title VII, 42 U.S.C. Section 2000e-2(a) and 3(a). B. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for persons who oppose practices made unlawful under Title VII or who participate in investigations and
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proceedings under this Title, and which eradicate the effects of their past and present unlawful employment practices.
C. Order Defendant Employer to make whole Jaime Mangum by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, reinstatement to her position, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
D. Order Defendant Employer to pay Jaime Mangum punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
E. Order Defendant to make whole Jaime Mangum by providing compensation for pecuniary losses, including job search expenses.
F. Order Defendant to make whole Jaime Mangum by providing compensation for non-pecuniary losses, including emotional pain, suffering, mental anguish, embarrassment, isolation, and loss of reputation in amounts to be proven at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised in the Complaint.
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Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
GERALD S. KIEL Regional Attorney
DEBRA M. LAWRENCE Supervisory Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 10 S. Howard Street, 3rd Floor Baltimore, Maryland 21202 (410) 962-4349
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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff
v.
DUCLAW BREWING CO. OF ARUNDEL MILLS, LLC,
Defendant

: : : : : : : : : ...o0o...

Civil No. AMD 03-2653

O R D E R

On November 23, 2004, this case came before the Court for a hearing on pending

motions. Counsel having been heard, and the Court having rendered its ruling on the record,

It is this 29th day of November, 2004, ORDERED

(1) That the motion for summary judgment filed by Declaw Brewing Co. of Arundel

Mills, LLC. (Paper No.12) is DENIED;

(2) That the motion for partial summary judgment filed by the Equal Employment

Opportunity Commission (Paper No.13) is DENIED; and (3) As scheduled, trial shall commence during the week of January 24, 2005 with a
pre-trial conference to be held on January 10, 2005 at 4:00 p.m.

/s/ ANDRE M. DAVIS United States District Judge

 
 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
NORTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

)

Plaintiff,

)

)

v.

)

)

)

)

DUCLAW BREWING CO. OF

)

ARUNDEL MILLS, LLC.,

)

)

)

Defendant.

)

)

)

Civil Action No. 1:03-cv-02653-AMD

CONSENT DECREE

This action was instituted by Plaintiff, Equal Employment

Opportunity Commission (the "EEOC" or the "Commission"), against

Defendant, Duclaw Brewing Company of Arundel Mills, LLC

(hereinafter Defendant), alleging that Defendant violated

Sections 703(a) and 704(a) of Title VII of the Civil Rights Act

of 1964, as amended, ("Title VII") 42 U.S.C. Section 2000e-2(a)

and 4(a) by terminating Jaime Mangum, a female, because of her

pregnancy and in retaliation for her remark that she was being

targeted for termination because of her pregnancy.

Both the Commission and Defendant desire to resolve the

Commission's action without the time and expense of continued

litigation, and they desire to formulate a plan to be embodied in

a Decree which will promote and effectuate the purposes of Title

VII. This Decree shall not constitute an adjudication on the
merits of the Commission’s case and shall not be construed as an admission by Defendant of any discriminatory practice or as a waiver by the Commission of any contentions of discrimination.
The Court has examined this Decree and finds that it is reasonable and just and in accordance with the purposes of Title VII. Therefore, upon due consideration of the record herein and being fully advised in the premises, it is ORDERED, ADJUDGED AND DECREED:
1. This Decree resolves all issues and claims alleged in the Complaint filed by the Commission in this Title VII action which emanated from the Charge of Discrimination filed by Jaime Mangum.
2. Defendant, its officers, agents, servants, employees and all persons acting or claiming to act in its behalf and interest shall be permanently enjoined and restrained from engaging in any employment practice which discriminates against its employees based of pregnancy, in violation of Title VII, particularly the following provisions:
It shall be an unlawful employment practice for an employer (1) to discharge any individual ... because of such individual's ... sex . . . . 42 U.S.C. §2000e-2(a). The terms ‘because of sex’ or ‘on the basis of sex’ include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be

treated the same for all employment-related purposes .... 42 U.S.C. §2000e-(k).
3. In furtherance of paragraph 2, above, within six months following the entry of this Decree, Defendant, through EEOC personnel, will provide a minimum of two hours equal employment opportunity (“EEO”) training at each Duclaw restaurant to all personnel involved in the supervision, discipline, and termination of employees at all Duclaw restaurants, specifically with regard to making pregnancy-neutral employment decisions as it relates to Defendant’s obligations under Title VII.
4. Within twenty days after entry of this Consent Decree, Defendant will pay to Jaime Mangum a total of $20,000, less applicable taxes and other deductions.
5. Upon approval of this Decree, Defendant will post immediately in the staff room, where notices to employees customarily are posted, the Notice attached hereto as Exhibit "A" and made a part hereof. Said Notice attached hereto as Exhibit "A" shall be posted and maintained for a period of at least two years from the date of posting and shall be signed by a responsible official of Defendant with the date of actual posting shown thereon. Should the Notice become defaced, marred, or otherwise made unreadable, Defendant will ensure that new readable copies of the Notice are posted in the same manner as heretofore specified. Within thirty (30) days of approval of this Decree, Defendant shall forward to the attorney of record at the

Baltimore District Office a copy of the signed Notice attached

hereto as Exhibit "A" and written certification that the Notice

referenced herein has been posted and a statement of the

location(s) and date of posting.

6. The Commission and Defendant shall bear their own costs

and attorneys’ fees.

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:

For Plaintiff:

ERIC S. DREIBAND General Counsel

JAMES L. LEE Deputy General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

/s/ JEFFREY M. KOTZ Kandel, Klitenic, Kotz & Betten, LLP 6225 Smith Avenue Baltimore, Maryland 21209-3600 (410) 580-4253 (signed by Debra M. Lawrence with permission of Jeffrey M. Kotz)

/s/ GERALD S. KIEL
/s/ DEBRA M. LAWRENCE Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 10 S. Howard Street 3rd Floor Baltimore, Maryland 21201 (410) 962-4349

SO ORDERED. 10th
Signed and entered this
, 2004.

December day of

/s/Andre M. Davis United States District Court Judge

NOTICE TO EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND DUCLAW BREWING CO. OF ARUNDEL MILLS, LLC
Under Section 703(a) of Title VII, it is unlawful for an employer to “fail or refuse to hire any individual ... because of such individual's sex ....” Making employment decisions based upon an employee’s sex/pregnancy is prohibited by this provision.
Under Section 704(a) of Title VII, “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 participated in any manner in an investigation, proceeding, or hearing under this subchapter.”
WE WILL NOT engage in any acts or practices made unlawful by the above sections.
WE WILL NOT make any discipline or discharge decisions or any other type of employment decisions based on an employee’s sex/pregnancy.
WE WILL NOT discipline or discharge any employee for speaking out against any employment practice which he or she believes to be unlawful.
DUCLAW BREWING COMPANY OF ARUNDEL MILLS (Employer)

Dated:

By: (Representative)(Title)

EXHIBIT “A”

 
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CASREF, CLOSED
U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:03-cv-02653-AMD

Equal Employment Opportunity Commission v. Duclaw Brewing Date Filed: 09/16/2003

Co. of Arundel Mills, LLC

Date Terminated: 12/07/2004

Assigned to: Judge Andre M Davis

Jury Demand: Plaintiff

Cause: 42:2000e Job Discrimination (Employment)

Nature of Suit: 442 Civil Rights: Jobs

Jurisdiction: U.S. Government Plaintiff

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: 14109624270 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

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

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Duclaw Brewing Co. of Arundel Mills, LLC

represented by Jeffrey M Kotz Kandel Klitenic Kotz and Betten LLP 502 Washington Ave Ste 610 Towson, MD 21204 14103397100 Fax: 14103397107 Email: jkotz@k3blaw.com ATTORNEY TO BE NOTICED

Date Filed 09/16/2003
09/16/2003 09/16/2003 10/16/2003
10/16/2003 10/20/2003 10/31/2003 03/02/2004
03/02/2004 07/30/2004 09/15/2004 09/15/2004

#

Docket Text

1 COMPLAINT against Duclaw Brewing Co. of Arundel Mills, LLC , filed by Equal Employment Opportunity Commission.(raf, Deputy Clerk) (Entered: 09/16/2003)
JURY TRIAL DEMAND by Equal Employment Opportunity Commission. (raf, Deputy Clerk) (Entered: 09/16/2003)
2 Summons Issued (20 days) as to Duclaw Brewing Co. of Arundel Mills, LLC. (raf, Deputy Clerk) (Entered: 09/16/2003)
3 AFFIDAVIT of Service for Summons & complaint served on Jeffrey M. Kotz, Registered Agent on September 26, 2003, filed by Equal Employment Opportunity Commission. (Lawrence, Debra) (Entered: 10/16/2003)
4 ANSWER to Complaint by Duclaw Brewing Co. of Arundel Mills, LLC.(Kotz, Jeffrey) (Entered: 10/16/2003)
5 SCHEDULING ORDER: Status Report due by 3/3/2004.. Signed by Judge Andre M Davis on 10/20/03. (jlb, Deputy Clerk) (Entered: 10/20/2003)
6 STATUS REPORT prepared jointly and submitted by Equal Employment Opportunity Commission. (Lawrence, Debra) (Entered: 10/31/2003)
7 STATUS REPORT Joint Status Report and Request for Modification of Scheduling Order by Duclaw Brewing Co. of Arundel Mills, LLC. (Attachments: # 1 Text of Proposed Order Revised Scheduling Order)(Kotz, Jeffrey) (Entered: 03/02/2004)
8 AMENDED SCHEDULING ORDER. Signed by Judge Andre M Davis on March 2, 2004. (Judge Davis) (Entered: 03/02/2004)
9 STATUS REPORT by Duclaw Brewing Co. of Arundel Mills, LLC. (Kotz, Jeffrey) (Entered: 07/30/2004)
10 REQUEST for Extension of Time to File Motion for Summary Judgment (Kotz, Jeffrey) (Entered: 09/15/2004)
11 MARGINAL ORDER re 10 Request for Extension of Time to File filed by Duclaw Brewing Co. of Arundel Mills, LLC granting extension of time. Signed by Judge Andre M Davis on September 15, 2004.(Judge Davis) (Entered: 09/15/2004)

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09/21/2004 09/29/2004 10/16/2004 10/22/2004 11/16/2004 11/23/2004
11/29/2004 11/29/2004 12/02/2004 12/07/2004 12/07/2004 12/09/2004 12/10/2004

12 MOTION for Summary Judgment by Duclaw Brewing Co. of Arundel Mills, LLC. Responses due by 10/8/2004 (Attachments: # 1 Memorandum# 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit)(Kotz, Jeffrey) (Entered: 09/21/2004)
13 MOTION for Partial Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by Equal Employment Opportunity Commission. Responses due by 10/18/2004 (Attachments: # 1 Memorandum of Law# 2 Notice of Filing Lengthy Exhibit)(Lawrence, Debra) (Entered: 09/29/2004)
14 RESPONSE in Opposition to Plaintiff's Cross Motion for Partial Summary Judgment filed by Duclaw Brewing Co. of Arundel Mills, LLC. Replies due by 11/1/2004. (Attachments: # 1 Exhibit)(Kotz, Jeffrey) (Entered: 10/16/2004)
15 REPLY to Response to 13 MOTION for Partial Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Notice of Filing Lengthy Exhibit)(Lawrence, Debra) Modified on 10/22/2004 (jlb, Deputy Clerk). (Entered: 10/22/2004)
16 Setting date for Hearing on the cross motion for partial summary judgment for Tuesday, November 23, 2004, @ 3:00 p.m. (Judge Andre M. Davis) (Entered: 11/16/2004)
Motion Hearing re 12 MOTION for Summary Judgment filed by Duclaw Brewing Co. of Arundel Mills, LLC, 13 MOTION for Partial Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by Equal Employment Opportunity Commission held before Judge Andre M Davis ARGUED - Oral opinion rendered by the Court denying motions (Court Reporter S. Cook) (bma, Court Clerk) (Entered: 11/23/2004)
17 ORDER denying 12 Motion for Summary Judgment, denying 13 Motion for Partial Summary Judgment. Signed by Judge Andre M Davis on November 29, 2004. (Judge Davis) (Entered: 11/29/2004)
18 ORDER REFERRING CASE to Magistrate Judge Beth P. Gesner for Settlement or other ADR Conference. Signed by Judge Andre M Davis on 11/29/04. (jlb, Deputy Clerk) (Entered: 11/29/2004)
19 ORDER SETTING Date for Settlement Conference. Signed by Judge Beth P. Gesner on 12/2/04. (jlb, Deputy Clerk) (Entered: 12/02/2004)
20 ORDER DISMISSING case with each party to bear its own costs otherwise agreed without prejudice to the right of a party to move for good cause to reopen this action if settlement is not consummated. Signed by Judge Andre M Davis on 12/6/04. (jlb, Deputy Clerk) (Entered: 12/07/2004)
Settlement Conference held on 12/7/2004 held before Judge Beth P. Gesner. (jlb, Deputy Clerk) (Entered: 12/09/2004)
Judge Beth P. Gesner no longer assigned to case. (jlb, Deputy Clerk) (Entered: 12/09/2004)
21 SETTLEMENT AGREEMENT /Consent Decree by Equal Employment Opportunity Commission. (Lawrence, Debra) (Entered: 12/10/2004)

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12/10/2004

22 CONSENT DECREE and approval (Judge Davis) (Entered: 12/10/2004)

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