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Case 7:07-cv-08177-KMK Document 1 Filed 09/19/2007 Page 1 of 5



Civil Action No. 07-CV-8177
(KMK)

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

:
:
:
:
: COMPLAINT AND
:
:
:
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PUTNAM STONE & MASON SUPPLY, INC.


Plaintiff,






Defendants.

ECF CASE




v.


















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 compel Defendant to comply with a mediation Settlement Agreement,

achieved through the Equal Employment Opportunity Commission (EEOC) mediation process,

in resolution of a charge of sexual harassment, and to provide appropriate relief to Erika

Stanczak (Stanczak), the Charging Party. As alleged with greater specificity below, Stanczak,

Defendant, and EEOC entered into a mediation Settlement Agreement through EEOC’s

mediation program on May 3, 2007, in settlement of Charge No. 520-2007-01173, filed by

Stanczak against Defendant. The EEOC alleges that Defendant breached the mediation

Settlement Agreement when it failed and refused to abide by the terms of the agreement, as set

forth with greater specificity below.

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

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§2000e-5(f)(1) and (3) (“Title

VII”) and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a.

Case 7:07-cv-08177-KMK Document 1 Filed 09/19/2007 Page 2 of 5




2.

The alleged unlawful employment practices were and are now being committed

within the jurisdiction of the United States District Court for the Southern District of New York.

PARTIES



3.

Plaintiff EEOC is an agency of the United States of America charged with the

administration, interpretation, and enforcement of Title VII and is authorized to bring this action

by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3).



4.

At all relevant times, Defendant Putnam Stone & Mason Supply, Inc. has

continuously been a corporation under the laws of New York, doing business in New York,

having its registered office in Carmel, New York in the county of Putnam, and has continuously

had at least 15 employees.



5.

At all relevant times, Defendant Putnam Stone & Mason Supply, Inc. has

continuously been an employer engaged in an industry affecting commerce within the meaning

of Section 701(b), (g), and (h) of Title VII, 42 U.S.C. §2000e-(b),(g), and (h).

STATEMENT OF CLAIMS



6.

More than 30 days prior to the institution of this lawsuit Stanczak filed charges of

discrimination with the Commission alleging violations of Title VII by Defendant. All

conditions precedent to the institution of this lawsuit have been fulfilled.



7.

Defendant voluntarily accepted EEOC’s offer to mediate the charge allegations

pursuant to EEOC’s mediation program.



8.

On May 3, 2007 mediation was held in EEOC’s New York District Office.

Stanczak and a representative of Defendant were present for the mediation and both Stanczak

and Defendant were represented by their counsel.



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Case 7:07-cv-08177-KMK Document 1 Filed 09/19/2007 Page 3 of 5



9.

As a result of the mediation, EEOC, Defendant and Stanczak entered into a

mediation Settlement Agreement dated May 3, 2007. A copy of the mediation Settlement

Agreement is attached to this complaint as Exhibit 1.



10.

The terms of the mediation Settlement Agreement required Defendant to pay the

sum of $45,000.00, payable in monthly installments with $15,000 to be paid on May 15, 2007

and $7,500 to be paid on the 15th of each month thereafter until September 15, 2007.





11.

12.

Defendant has failed to make any payment to Stanczak.

Defendant’s failure to make payment to Stanczak constitutes a breach of the

mediation Settlement Agreement.



13.

The effect of the practices complained of above has been to deprive Stanczak of

equal employment opportunities and deprive her of the specific relief to which she is entitled, in

violation of the mediation Settlement Agreement reached pursuant to EEOC’s mediation process.







14.

15.

16.

The unlawful employment practices complained of above were willful.

The unlawful practices complained of above were and are intentional.

The unlawful practices complained of above were done with malice or with

reckless indifference to the federally protected rights of Stanczak.

PRAYER FOR RELIEF

Therefore, the Commission respectfully requests that this Court:

A.

Grant judgment against Defendant compelling specific performance by Defendant

with the mediation Settlement Agreement entered into by EEOC, Stanczak and Defendant on

May 3, 2007;

B.

Grant judgment against Defendant ordering Defendant to make Stanczak whole

by providing compensation for past and future pecuniary losses resulting from the breach of the



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Case 7:07-cv-08177-KMK Document 1 Filed 09/19/2007 Page 4 of 5

mediation Settlement Agreement entered into by EEOC, Stanczak and Defendant on May 3,

2007;

C.

Grant a judgment ordering Defendant to pay Stanczak the amount of damages

Defendant negotiated and agreed to pay ($45,000), plus prejudgment interest and legal costs

associated with the collection of the amount due and owing;

D.

Grant a judgment ordering Defendant to pay punitive damages to Stanczak for its

malicious and/or reckless conduct;

E.

Grant a judgment ordering such further relief as the Court deems necessary and

proper in the public interest;

F.

Award the Commission its costs in this action.

JURY TRIAL DEMAND

The EEOC requests a jury trial on all questions of fact raised by its Complaint.

Dated: September 19, 2007

New York, New York

Respectfully submitted,































































































Ronald Cooper
General Counsel

James L. Lee
Deputy General Counsel

Gwendolyn Young Reams
Associate General Counsel

EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
1801 L Street, N.W.
Washington, D.C. 20507


_____/s/_____________________
Elizabeth Grossman

Regional Attorney

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Case 7:07-cv-08177-KMK Document 1 Filed 09/19/2007 Page 5 of 5













_______/s/_______________
Judy A. Keenan (JK-3083)
Supervisory Trial Attorney



[email protected]













_______/s/_________________
Monique J. Roberts (MR-6338)
Trial Attorney

New York District Office
33 Whitehall St., 5th floor
New York, N.Y. 10004-2112
Telephone: (212) 336-3704
Facsimile: (212) 336-3623
[email protected]



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