UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

BARBARA A. DWYER : CIVIL ACTION 

 -vs- : NO: 02-4353 

ITEQ - INTEGRATED TECHNOLOGIES, : 

INC. 

: JURY TRIAL DEMANDED 

AMENDED COMPLAINT

JURISDICTION AND VENUE

1. This is an action for declaratory, equitable and 

injunctive relief and damages, to secure protection of and to

redress deprivation of rights secured by Title VII of the 1964

Civil Rights Act, 42 U.S.C. §§2000e et seq. 

2. Jurisdiction of this Court is invoked pursuant to 28 

U.S.C. §1331, and 42 U.S.C. §2000e-5 due to claims arising under 

the laws of the United States. 

3. Venue is proper in this district because the wrongful 

discrimination occurred here and the plaintiff would have worked 

here absent the wrongful discrimination, as required by 42 U.S.C. 

§2000e-5(f)(3). 

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PARTIES

 4. Plaintiff is Barbara A. Dwyer, an adult female citizen 

of the United States, residing at 1415 Grace Road, Swarthmore, PA 

19081. 

 5. Defendant is ITEQ - Integrated Technologies, Inc., a 

business corporation whose headquarters is 8757 Georgia Avenue, 

Suite 500, Silver Spring, MD 20910. Defendant regularly conducts

business in this district. 

6. The defendant was engaged in an industry affecting 

commerce, and had fifteen or more employees for each working day 

in each of twenty or more calendar weeks in every calendar year

since at least 1999. 

ADMINISTRATIVE PROCEEDINGS AND CONDITIONS PRECEDENT: 

7. Plaintiff filed a charge of discrimination, No. 

170A200226, with the Equal Employment Opportunity Commission

(EEOC) on November 9, 2001, alleging discrimination based on sex 

and, more specifically, pregnancy. A copy of the said charge is 

attached as Exhibit 1. 

8. On April 5,2002, the EEOC issued notice of right to sue 

to the claimant with regard to the charges of discrimination. A 

true copy of the said notice is attached as Exhibit 2. The

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plaintiff has therefore satisfied all required conditions 

precedent to this action. 

FACTS

9. Plaintiff became employed by defendant on or about 

August 25, 1997 as a relocation specialist. As of February 2000, 

she was earning an annual salary of $68,250 and fringe benefits 

including, but not limited to, health insurance and pension 

benefits. 

10. Plaintiff was, at all relevant times, qualified and

competent at her employment. During her employment with the 

defendant, she worked primarily in Philadelphia and Brookhaven, 

Pennsylvania, but also performed work in New York and Virginia. 

11. While she worked in Virginia, the defendant allowed the 

plaintiff to maintain her residence in this district and 

reimbursed her expenses for travel to and from the job location. 

12. Plaintiff performed her job duties in a fashion which 

met the reasonable standards of the employer at all relevant

times. 

13. On or about January 23, 2001, the plaintiff informed the

management of the defendant that she was pregnant by sending an 

electronic mail message to Patricia DeAloia, the company 

president. 

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14. On or about February 1, 2001, the plaintiff met with her 

director, Scott Rollison (Rollison) who told her she was to be 

assigned as project manager for the defendant’s expected contract 

with the National Institute of Standards and Technology (NIST). 

For this project, the plaintiff would have worked in Gaithersburg, 

Maryland. Rollison told her she would no longer be reimbursed for

her travel expenses. 

15. On or about March 1, 2001, Rollison met with the 

plaintiff in his office, during which time he informed her that

NIST would not tolerate an interruption in personnel managing the 

defendant’s project, so Harvey Hannerfeld would be project manager 

on the NIST project. 

16. Rollison then informed the plaintiff that she had the 

option of being terminated or becoming a part-time on-call 

employee working for $50.00 per hour. He represented that there 

was temporary work available during March and April 2001, on a 

project for the Internal Revenue Service, and that further work 

would be available later. 

 17. The plaintiff worked on a part-time basis in March and

April, 2001 in Massachusetts and New York. 

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18. Although the plaintiff was available for work, except 

for a brief period immediately surrounding the birth of her son, 

the defendant has never offered her further work. 

 19. The defendant’s actions in withdrawing its reimbursement 

of travel expenses, terminating the plaintiff as a full time

employee and, subsequently, entirely terminating her, were

unlawful discrimination based on her sex and pregnancy. 

20. If not for the defendant’s discriminatory conduct, the 

plaintiff would have maintained her employment, commuting from her 

home in this district to the NIST assignment and other job 

locations thereafter unknown. 

21. As a direct and proximate result of the said actions, 

the plaintiff has therefore experienced unemployment; lost income

and fringe benefits, aggravation, embarrassment and emotional 

distress.

22. Defendant's adverse actions against the plaintiff were

unlawful discrimination based upon her sex in violation of 42

U.S.C. Section 2000e-2. 

23. The defendant's actions were outrageous, willful, wanton 

and undertaken with reckless disregard and indifference to the 

rights of the plaintiff. 

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 WHEREFORE, Plaintiff requests legal and equitable relief 

including: 

 a. a declaration that defendant's conduct toward her 

was unlawful; 

b. Reinstatement, or in the alternative, front pay; 

c. back pay; 

 d. compensatory and punitive damages in an amount in 

excess of $150,000; and 

 e. a reasonable attorney's fee and the costs of this 

action. 

 MacELREE HARVEY, LTD. 

 ___________________________ 

 WILLIAM T. WILSON, ESQ. 

 Attorney for Plaintiff 

 17 West Miner Street 

 P.O. Box 660 

 West Chester, PA 19381-0660 

 (610) 436-0100 

 Attorney ID#: 41793 

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