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Case 1:09-cv-01320-TJM-RFT Document 1 Filed 11/25/09 Page 1 of 6

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
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EQUAL EMPLOYMENT OPPORTUNITY :
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COMMISSION,
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Plaintiff











Civil Action No.

ECF CASE



COMPLAINT


JURY TRIAL DEMAND




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-against-




COLLEGE VIEW DONUTS LLC
d/b/a DUNKIN’ DONUTS

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Defendant









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

NATURE OF THE ACTION

Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to provide

appropriate relief to Charging Parties S.D. and H.S., and a class of other similarly situated female

employees who have been affected by such unlawful practices. As alleged with greater

specificity below, the Commission charges that College View Donuts LLC, d/b/a Dunkin’

Donuts (hereinafter “Defendant” or “Dunkin’ Donuts”), subjected S.D., H.S., and a class of other

similarly situated female employees to discrimination because of their sex, female.





1.

JURISDICTION AND VENUE

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 Sections 706(f)(1) and (3)

and 707 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1)

and (3) and -6 ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a.



2.

The alleged unlawful employment practices were committed within the

jurisdiction of the United States District Court for the Northern District of New York.



Case 1:09-cv-01320-TJM-RFT Document 1 Filed 11/25/09 Page 2 of 6



3.

Plaintiff, the Equal Employment Opportunity Commission (the "Commission"),

PARTIES



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 Sections 706(f)(1)

and (3) and 707 of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3) and -6.



4.

At all relevant times, Dunkin’ Donuts has continuously been a New York

corporation doing business in the State of New York and the county of Rensselaer, and has

continuously had at least 15 employees.



5.

At all relevant times, Dunkin’ Donuts 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).



6.

More than thirty days prior to the institution of this lawsuit, Charging Parties S.D.

STATEMENT OF CLAIMS



and H.S. filed Charge Nos. 525-2008-00429 and 525-2007-01117, respectively, 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 January 1, 2006, Dunkin’ Donuts has engaged in unlawful

employment practices in violation of Sections 703 and 707 of Title VII, 42 U.S.C. §§ 2000e-2

and 2000e-6 at its facility located at 69 Main Street, in Wynantskill, New York, by harassing its

female employees because of their sex. These practices have included, but are not limited to, the

following:





a.

S.D. and H.S. are females. At the time of the incidents described below,

S.D. was 16 years old and H.S. was 17 and 18 years old.



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Case 1:09-cv-01320-TJM-RFT Document 1 Filed 11/25/09 Page 3 of 6





b.

Dunkin’ Donuts allowed S.D.’s and H.S.’s male manager to subject them

and a class of other similarly situated female employees to verbal sexual harassment by making

frequent and repeated unwelcome comments of a sexual and lewd nature to and about them,

including telling them they were “hot” and that he preferred virgins.. He asked them about their

sex lives and described in detail the sexual acts he wanted to perform on them. He warned them

not to tell anyone about what he said to them. He also made comments about customers’ bodies

and whether he was attracted to them.





c.

Dunkin’ Donuts allowed S.D.’s and H.S.’ male manager to subject them

and a class of other similarly situated female employees to physical sexual harassment by

grabbing, touching, hugging, rubbing, lifting, tickling, and attempting to kiss them without their

consent because of their sex.









d.

Although female employees complained about the sexual harassment,

Dunkin’ Donuts failed to effectively remedy the hostile work environment or prevent further

harassment.



8.

The effect of the practices complained of above has been to deprive S.D., H.S.,

and a class of other similarly situated female employees, of equal employment opportunities and

otherwise adversely affect their status as employees because of their sex.





9.

The unlawful employment practices complained of above were intentional.

10.

The unlawful employment practices complained of above were done with

malice or with reckless indifference to the federally protected rights of S.D., H.S., and a class of

other similarly situated female employees.







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Case 1:09-cv-01320-TJM-RFT Document 1 Filed 11/25/09 Page 4 of 6


Wherefore, the Commission respectfully requests that this Court:

PRAYER FOR RELIEF

A.

Grant a permanent injunction enjoining Dunkin’ Donuts, 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.



B.

Order Dunkin’ Donuts to institute and carry out policies, practices, and programs

which provide equal employment opportunities for women and which eradicate the effects of its

past and present unlawful employment practices.



C.

Order Dunkin Donuts to make whole S.D., H.S., and a class of other similarly

situated female employees by providing appropriate backpay with prejudgment interest, in

amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of

its unlawful employment practices, including, but not limited to, front pay and reinstatement.



D.

Order Dunkin’ Donuts to make whole S.D., H.S., and a class of other similarly

situated female employees by providing compensation for past and future pecuniary losses

resulting from the unlawful employment practices described above, in amounts to be determined

at trial.



E.

Order Dunkin’ Donuts to make whole S.D., H.S., and a class of other similarly

situated female employees by providing compensation for past and future non-pecuniary losses

resulting from the unlawful practices complained of above, including pain, suffering and

humiliation, in amounts to be determined at trial.



F.

Order Dunkin’ Donuts to pay S.D., H.S., and a class of other similarly situated

female employees punitive damages for its malicious and reckless conduct described above, in

amounts to be determined at trial.



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Case 1:09-cv-01320-TJM-RFT Document 1 Filed 11/25/09 Page 5 of 6



G.

Grant such further relief as the Court deems necessary and proper in the public

interest.





H.

Award the Commission its costs of this action.

JURY TRIAL DEMAND



The Commission requests a jury trial on all questions of fact raised by its

complaint.































































































































































Respectfully submitted,

James Lee
Deputy General Counsel

Gwendolyn Y. Reams
Associate General Counsel

EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
131 M Street, NE
Washington, D.C. 20507



/s/


Elizabeth Grossman
Regional Attorney









EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
New York District Office
33 Whitehall St., 5th Floor
New York, NY 10004-2112
Tel: (212) 336-3696
Fax: (212) 336-3623








[email protected]



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/s/




Nora E. Curtin
Supervisory Trial Attorney









EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
New York District Office
33 Whitehall St., 5th Floor
New York, NY 10004-2112
Tel: (212) 336-3747
Fax: (212) 336-3623








[email protected]




















/s/


Adela Santos
Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
New York District Office
33 Whitehall St., 5th Floor
New York, NY 10004-2112
Tel: (212) 336-3695
Fax: (212) 336-3623












[email protected]







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