University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. MANTECH MSM SECURITY SERVICES INC. EE-MD-0075
Docket / Court 8:05-cv-02708-AW ( D. Md. )
State/Territory Maryland
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
On September 30, 2005, the Equal Employment Opportunity Commission (EEOC) filed suit against Mantech MSM Security Services, Inc., on behalf of a black employee who was offered a settlement that purported to waive his rights to file charges with the EEOC and to participate in its investigations. It ... read more >
On September 30, 2005, the Equal Employment Opportunity Commission (EEOC) filed suit against Mantech MSM Security Services, Inc., on behalf of a black employee who was offered a settlement that purported to waive his rights to file charges with the EEOC and to participate in its investigations. It is also unclear whether the agreement was specific to the employee or a standard agreement offered to all Mantech employees. It is likewise unclear whether the employee had or knew of any discrimination claims against Mantech at the time he was offered the settlement and release agreement. The EEOC alleged that the agreement constituted per se retaliation and violated Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.). The EEOC sought monetary relief and injuctive relief barring Mantech from using such waiver agreements.

The parties reached a settlement agreement, which the Court (Judge Alexander Williams Jr.) approved and entered on September 21, 2006. The one-year agreement required Mantech to modify all releases of employment discrimination claims to inform signers that the agreement neither prevents them from filing charges with the EEOC, participating in investigations, or benefiting from injunctive relief obtained by the EEOC nor requires them to inform the company of communication with the EEOC. The decree also empowered the EEOC to monitor Mantech's practices by requiring Mantech to provide copies of claim releases it would have employees sign. Under the terms of the decree Mantech also had to pay the employee the amount of money offered in the original release agreement with interest ($7557 total). The case is now closed.

Kenneth Gray - 07/16/2013


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Issues and Causes of Action
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Issues
Content of Injunction
Monitoring
Reporting
Retaliation Prohibition
General
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Mantech MSM Security Services, Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of an employee offered a settlement and release of claims that appeared to waive his right to file charges with the EEOC and participate in its invesigations
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2006 - 2007
Case Closing Year 2006
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
8:05-cv-02708-AW (D. Md.) 09/21/2006
EE-MD-0075-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/30/2005
EE-MD-0075-0001.pdf | Detail
Consent Decree 09/20/2006
EE-MD-0075-0002.pdf | Detail
Order [Entering Consent Decree] 09/21/2006 (D. Md.)
EE-MD-0075-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Williams, Alexander Jr. (D. Md.)
EE-MD-0075-0003 | EE-MD-0075-9000
Monitors/Masters None on record
Plaintiff's Lawyers Kiel, Gerald (Maryland)
EE-MD-0075-0001 | EE-MD-0075-9000
Lawrence, Debra Michele (Maryland)
EE-MD-0075-0001 | EE-MD-0075-0002 | EE-MD-0075-9000
Lee, James L. (District of Columbia)
EE-MD-0075-0001
McNair, Jacqueline H. (Pennsylvania)
EE-MD-0075-0002
Morocco, Maria Luisa (Maryland)
EE-MD-0075-0001 | EE-MD-0075-0002 | EE-MD-0075-9000
Reams, Gwendolyn Young (District of Columbia)
EE-MD-0075-0001
Defendant's Lawyers Weals, Christopher A (District of Columbia)
EE-MD-0075-0002 | EE-MD-0075-9000
Other Lawyers None on record

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