Bennett, Judge Richard D.

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Cornell University ILR School 
DigitalCommons@ILR 
ADAAA Case Repository Labor and Employment Law Program 
2-9-2007 
Equal Employment Opportunity Commission et al., Plaintiffs, v. 
Safeguard Maintenance Corp, Defendant. 
Judge Richard D. Bennett 
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Equal Employment Opportunity Commission et al., Plaintiffs, v. Safeguard 
Maintenance Corp, Defendant. 
Keywords 
Equal Employment Opportunity Commission, Safeguard Maintenance Corp, 1:06-cv-02264-RDB, Consent 
decree / Settlement, Disparate Treatment, Hostile Work Environment, Hiring, Assignment, Termination, 
Terms and Conditions, Service, Employment Law, ADAAA 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/adaaa/278 
Case 1:06-cv-02264-RDB Document 25 Filed 02/09/2007 Page 1 of 8
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF MARYLAND
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION et al.
)
)
)
)
Plaintiffs,
) CIVIL ACTION NO. 06-cv-2264 RDB
v.
SAFEGUARD MAINTENANCE CORP 
Defendant.
)
)
)
)
1
CONSENT DECREE
This action was instituted by Plaintiff, Equal Employment Opportunity Commission 
("EEOC" or the "Commission"), against Defendant, Safeguard Maintenance Corp. 
(“Defendant”), on August 29, 2006. The Commission filed an Amended Complaint on October 
4, 2006, The Comission’s amended complaint alleges that Defendant subjected Charging Parties 
Algering Jennings and Jaculyn Ruffin to sexual harassment, demoted, transferred and unlawfully 
discharged Ms Jennings, reduced Ms. Ruffins’ work hours, and subjected Ms Ruffin to a hostile 
work environment resulting in her constructive discharge, on the basis of sex, female, and 
retaliation, in violation of Sections 703 (a)(1) and 704(a) of Title VII, 42 U.S.C. §§ 2000e- 
2(a)(1) and 2000e-3(a). The Commission further alleges that Defendant engaged in unlawful 
employment practices in violation of Section 102(d)(2) of the ADA, 42 U.S.C. §§ 12112(d)(2) 
by making pre-employment disability related inquiries as contained in Defendant’s application 
for employment.
Thereafter on October 23, 2006 and October 24, 2006, respectively, Charging Party 
Algering Jennings (“Jennings or “Plaintiff Intervenor Jennings”) and Charging Party Jaculyn 
Ruffin (“Ruffin” or “Plaintiff Intervenor Ruffin”), (jointly “Plaintiff Intervenors”), filed Motions
Case 1:06-cv-02264-RDB Document 25 Filed 02/09/2007 Page 2 of 8
to Intervene in this action. Plaintiff Intervenors similarly allege in their complaints that 
Defendant violated Sections 703 (a)(1) and 704(a) of Title VII, 42 U.S.C. §§ 2000e-2(a)(l) and 
2000e-3(a) as set forth in. Plaintiff Intervenors also allege that Defendant failed to pay wages 
owed Plaintiff Intervenors in violation of the FLSA and Md Code Ann., [Labor & Empl.] §3­
505. On December 13, 2006, Plaintiff Intervenors’ Motions to Intervene were granted.
The Commission, Intervenor Plaintiffs and Defendant desire to resolve this 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 and the ADA.
For the purposes of resolving this action, Defendant admits that the Court has jurisdiction 
over this action and that all statutory and jurisdictional prerequisites to suit have been satisfied. 
This Decree, being entered with the consent of the Commission, Plaintiff Intervenors and 
Defendant, shall not constitute an adjudication or finding on the merits of this case and shall not 
be construed as an admission of liability by Defendant or as a waiver by the Commission or 
Plaintiff Intervenors of any contentions of discrimination.
The Court has examined this Decree and finds that it is reasonable and just and in 
accordance with the Federal Rules of Civil Procedure, Title VII and the ADA.
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 and ADA action and Plaintiff Intervenors’ Complaints which 
emanated from the Charges of Discrimination Nos. 120-2005-05481 and 120-2005-05391 
filed by Algering Jennings and Jaculyn Ruffin.
2
Case 1:06-cv-02264-RDB Document 25 Filed 02/09/2007 Page 3 of 8
2. Defendant, its officers, agents, servants, employees and all persons acting or 
claiming to act in its behalf and interest shall be enjoined and restrained from engaging in any 
employment practice which discriminates on the basis of sex and retaliation in violation of Title 
VII, particularly with regard to sexual harassment, terms and conditions and discharge.
3. Defendant, its officers, agents, servants, employees and all persons acting or 
claiming to act in its behalf and interest shall be enjoined and restrained from engaging in any 
employment practice which discriminates on the basis of disability in violation of the ADA, 
particularly with regard to making any pre-employment disability related inquiries, including any 
inquiries set forth in its application for employment.
4. Within five (5) business days of the entry of this Decree, Defendant will pay 
monetary damages in the total amount of sixty thousand dollars ($60,000) in foil settlement of the 
Commission’s and Plaintiffs Intervenors’ case in accordance with the following provisions:
a) Defendant will pay to Jaculyn Ruffin monetary compensatory damages in the total 
amount of forty five thousand dollars ($45,000). Defendant shall take no withholding from the 
compensatory monetary amount listed above and will issue a Form 1099 to Jaculyn Ruffin 
reflecting this payment.
b) Defendant agrees that the check(s) shall be forwarded to Jaculyn Ruffin by 
overnight mail at an address to be supplied by the Commission. Within five (5) days of this 
payment, Defendant shall send to the Commission’s attorney of record a copy of the check(s) 
along with a copy of the overnight delivery receipt.
c) Defendant will pay to Algering Jennings monetary compensatory damages in the total 
amount of fifteen thousand dollars ($15,000). Defendant shall take no withholding from the
3
Case 1:06-cv-02264-RDB Document 25 Filed 02/09/2007 Page 4 of 8
compensatory monetary amount listed above and will issue a Form 1099 to Algering Jennings 
reflecting this payment.
d) Defendant agrees that the check shall be forwarded to Algering Jennings by overnight 
mail at an address to be supplied by the Commission. Within five (5) days of this payment, 
Defendant shall send to the Commission’s attorney of record a copy of the check along with a 
copy of the overnight delivery receipt.
5. Within five (5) days of the Court’s approval of this Consent Decree, Defendant s 
will post in all places where notices to employees are customarily posted at its facilities, 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 three (3) 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 such posting, Defendant shall forward to the 
attorney of record at the Baltimore 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. Defendant agrees that within fourteen (14) days of the entry of this Decree, it shall 
revise its sexual harassment policy. The revised policy shall include at a minimum, a clear 
explanation of prohibited conduct, designation of a contact person to whom the prohibited 
conduct should be reported, with an effective method of contact, a complaint procedure that 
provides accessible avenues of complaint, assurance that the employer will take all reasonable
4
Case 1:06-cv-02264-RDB Document 25 Filed 02/09/2007 Page 5 of 8
measures to protect confidentiality, conduct an impartial investigation, refrain from retaliating 
against any person who participates in such investigation, and take prompt and appropriate 
corrective action. Defendant will post the revised sexual harassment in all places where notices to 
employees are customarily posted at its facilities. The revised sexual harassment policy shall be 
posted and maintained for a period of at least three (3) years from the date of posting and shall be 
signed by a responsible official of Defendant with the date of actual posting shown thereon. 
Within thirty (30) days of the posting of the policy, Defendant shall forward to the attorney of 
record at the Baltimore Office a written certification that the policy referenced herein has been 
posted and a statement of the location(s) and date of posting.
7. Defendant agrees that within ninety days (90) days of the entry of this Decree it 
will provide mandatory training of no less than two (2) hours duration to all its managerial and 
supervisory employees regarding federal EEO laws prohibiting discrimination in employment 
enforced by the Commission, particularly those concerning sex discrimination and retaliation 
under Title VII and pre-employment disability related inquiries under the ADA. The trainer's 
credentials and an outline of program materials shall be forwarded to the EEOC's attorney of 
record ten (10) days prior to such training being conducted and a representative of the 
Commission shall be invited to attend such training. Defendant shall distribute at this training its 
revised sexual harassment policy referenced in paragraph 6 above to all attendees. Within fifteen 
(15) days of the completion of this training, Defendant shall forward to the attorney of record at 
the Baltimore Office written certification that the training has been completed together with a list 
of managerial and supervisory employees who have been trained, and the dates of the training.
5
Case 1:06-cv-02264-RDB Document 25 Filed 02/09/2007 Page 6 of 8
Defendant also agrees to provide to each newly-hired managerial or supervisory employee, an 
orientation to its equal employment opportunity policies within a reasonable time of hire.
8. The Commission reserves the right to monitor compliance with the provisions of 
this Decree. As part of such review, the EEOC, upon notice to Defendant, may require written 
reports concerning compliance, inspect Defendants’ premises, interview witnesses, and examine 
and copy documents at reasonable times to be mutually agreed to by the parties
9. If any party to this Decree believes that any other party has breached a material 
provision of this Decree, it shall so notify the party (s), in writing, of the alleged breach. Upon 
receipt of written notice, a party(s) shall have fifteen (15) days to either correct the alleged breach, 
and so inform the other party(s), or deny the alleged breach, in writing: a) If the parties remain 
in dispute they shall attempt in good faith to resolve their dispute; b) If the parties can not in 
good faith resolve their dispute, the party alleging a breach may file with the Court a motion to 
correct and remedy the breach; c) Each party shall bear its own costs, expenses and attorney’s 
fees incurred in connection with such action; and d) Jurisdiction and venue to resolve any dispute 
arising under this Decree resides in the United States District Court for the District of Maryland.
10. This Decree shall remain in full force and effect for a period of three (3) years 
from the date of approval and entry of this Decree by the Court.
11. The Court shall retain jurisdiction of this action to ensure compliance with this 
Decree. In all other respects, upon approval and entry by the Court of this Decree, the 
Commission’s action against Defendant is dismissed with prejudice and the Clerk of the Court is 
directed to remove this action from the Court's calendar.
6
Case 1:06-cv-02264-RDB Document 25 Filed 02/09/2007 Page 7 of 8
12. The Commission, Plaintiff Intervenors and Defendant shall bear their own costs, 
expenses and attorneys' fees incurred in connection with this action.
13. The undersigned counsel of record, on behalf of their respective clients, hereby 
consent to the entry of the foregoing Consent Decree.
AGREED:
FOR DEFENDANT. FOR PLAINTIFF:
SAFEGUARD MAINTENANCE CORP. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
_________ /s/____________
DONALD J. WALSH, ESQ 
Offit Kurman, PA 
8 Park Center Court 
Suite 200
Owings Mills MD 21117
FOR PLAINTIFF INTERVENOR 
JACULYN RUFFIN
________ /s/______________________
STEPHANIE D. KINDER, ESQ.
Law Offices of Stephanie D Kinder PA 
10 N Calvert St Ste 930 
Baltimore, MD 21202 
(410) 244-6263
RONALD S. COOPER 
General Counsel
JAMES LEE 
Deputy General Counsel
GWENDOLYN YOUNG REAMS 
Associate General Counsel
__________/s/________________
JACQUELINE H. MCNAIR 
Regional Attorney 
EEOC-Philadelphia District Office 
(including Baltimore Field Office)
7
Case 1:06-cv-02264-RDB Document 25 Filed 02/09/2007 Page 8 of 8
_________/s/_____________
DEBRA M. LAWRENCE
FOR PLAINTIFF INTERVENOR Supervisory Trial Attorney
ALGERING JENNINGS: EEOC-Baltimore Field Office
__________ /s/___________________
NICOLE FARMER JACKSON, ESQ. 
Edelstein Radford and Perkins 
110 St Paul St Ste 402 
Baltimore, MD 21202 
(410) 685-0770
_________/s/________________________
CECILE C. QUINLAN 
Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION 
EEOC-Baltimore Field Office 
10 S. Howard Street, 3rd FI.
Baltimore Maryland 21201 
(410) 962-4239
SO ORDERED.
Signed and entered this
f it
1_  day o f / ^ ^ ^ 07.
UNITED STATES DISTRICT COURT JUDGE
8


Equal Employment Opportunity Commission et al., Plaintiffs, v. Safeguard Maintenance Corp, Defendant.

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1277&amp;context=adaaa

Equal Employment Opportunity Commission et al., Plaintiffs, v. Safeguard Maintenance Corp, Defendant.

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