Case: EEOC v. EMS INNOVATIONS

1:06-cv-01320 | U.S. District Court for the District of Maryland

Filed Date: May 23, 2006

Closed Date: Oct. 14, 2011

Clearinghouse coding complete

Case Summary

In May 2006, the EEOC's Philadelphia District Office filed suit in U.S. District Court, District of Maryland, against EMS Innovations, Inc. The suit alleged that the owner of this small business violated Title VII by subjecting his female employees to sexual harassment by making constant sexual advances, arranging for adjoining hotel rooms on business trips and trying to convince the women who worked for him to have an affair, and engaging in other similar behavior that created a hostile work e…

In May 2006, the EEOC's Philadelphia District Office filed suit in U.S. District Court, District of Maryland, against EMS Innovations, Inc. The suit alleged that the owner of this small business violated Title VII by subjecting his female employees to sexual harassment by making constant sexual advances, arranging for adjoining hotel rooms on business trips and trying to convince the women who worked for him to have an affair, and engaging in other similar behavior that created a hostile work environment for women.

The defendant moved to dismiss the case twice, once for failure to state a claim upon which relief may be granted, and again for lack of subject matter jurisdiction, alleging that the EEOC did not have standing because it had not completed a proper investigation prior to bringing suit. Both motions were denied, and the case ended up being resolved through a consent judgment in April of 2008. EMS Innovations was ordered to pay a total of $115,000 to the women alleging sexual harassment. The company was also required to implement anti-discrimination training for all of its employees, and its owner and supervisory personnel were prohibited from making advances towards female employees.

The terms of the agreement were to run for 3.5 years. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2011.

Summary Authors

Jason Chester (5/27/2008)

Clearinghouse (6/10/2017)

Documents in the Clearinghouse

Document

1:06-cv-01320

Docket (PACER)

EEOC v. EMS Innovations, Inc.

April 14, 2008

April 14, 2008

Docket
1

1:06-cv-01320

Complaint

EEOC v. EMS Innovations, Inc.

May 23, 2006

May 23, 2006

Complaint
14

1:06-cv-01320

Memorandum and Opinion

EEOC v. EMS Innovations, Inc.

Feb. 12, 2007

Feb. 12, 2007

Order/Opinion
15

1:06-cv-01320

Order

EEOC v. EMS Innovations, Inc.

Feb. 12, 2007

Feb. 12, 2007

Order/Opinion
16

1:06-cv-01320

Amended Complaint [in part]

EEOC v. EMS Innovations, Inc.

Feb. 26, 2007

Feb. 26, 2007

Complaint
45-2

1:06-cv-01320

Consent Decree

EEOC v. EMS Innovations, Inc.

April 14, 2008

April 14, 2008

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4687856/eeoc-v-ems-innovations-inc/

Last updated Jan. 27, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link

Jury Demand

May 23, 2006

May 23, 2006

PACER
1

Complaint

1 Civil Cover Sheet

View on PACER

May 23, 2006

May 23, 2006

RECAP
2

Summons Issued

May 24, 2006

May 24, 2006

PACER
3

Notice of Appearance

May 25, 2006

May 25, 2006

PACER
4

Notice of Appearance

May 30, 2006

May 30, 2006

PACER
5

Notice of Appearance

May 31, 2006

May 31, 2006

PACER

Set/Reset Deadlines

July 6, 2006

July 6, 2006

PACER
6

Motion to Dismiss

1 Text of Proposed Order

View on PACER

2 Attachment #1. List of Employees for 2003

View on PACER

3 Attachment #2. List of Employees for 2004

View on PACER

4 Attachment #3. List of Employees for 2005

View on PACER

July 6, 2006

July 6, 2006

PACER
7

Summons Returned Executed

July 19, 2006

July 19, 2006

PACER
8

Notice to Substitute Attorney

July 20, 2006

July 20, 2006

PACER
9

Response in Opposition to Motion

1 Index of Exhibits

View on PACER

2 Exhibit 1

View on PACER

3 Exhibit 2

View on PACER

4 Exhibit 3

View on PACER

5 Exhibit 4

View on PACER

6 Exhibit 5

View on PACER

7 Exhibit 6

View on PACER

8 Exhibit 7

View on PACER

9 Exhibit 8

View on PACER

July 20, 2006

July 20, 2006

PACER
10

Motion for Extension of Time to File Response/Reply

1 Text of Proposed Order

View on PACER

July 24, 2006

July 24, 2006

PACER
11

Order on Motion for Extension of Time to File Response/Reply

July 25, 2006

July 25, 2006

PACER
12

Response

Aug. 20, 2006

Aug. 20, 2006

PACER
13

Response

1 Text of Proposed Order Order

View on PACER

2 Affidavit Affidavit of Jerome Jacobs

View on PACER

3 Affidavit Affidavit of Joseph Ferko

View on PACER

4 Affidavit Affidavit of Patricia Ferko

View on PACER

5 Affidavit Affidavit of Walter Connell

View on PACER

6 Exhibit Public Document: Trussville EMS Website

View on PACER

7 Exhibit DECA Certificate

View on PACER

8 Exhibit Press Release, EEOC 05/23/2006

View on PACER

Aug. 20, 2006

Aug. 20, 2006

PACER
14

MEMORANDUM OPINION. Signed by Judge Richard D Bennett on 2/12/07. (eg, Deputy Clerk)

Feb. 12, 2007

Feb. 12, 2007

RECAP
15

Order on Motion to Dismiss

Feb. 12, 2007

Feb. 12, 2007

PACER
16

Amended Complaint

1 Local Rule 103(6)(c) copy identifying amendments

View on PACER

Feb. 26, 2007

Feb. 26, 2007

PACER
17

Motion for Extension of Time to File Response/Reply

March 23, 2007

March 23, 2007

PACER
18

Order on Motion for Extension of Time to File Response/Reply

March 26, 2007

March 26, 2007

PACER
19

Answer to Amended Complaint

March 30, 2007

March 30, 2007

PACER
20

Scheduling Order

1 Scheduling Order

View on PACER

April 2, 2007

April 2, 2007

PACER
21

Settlement Conference - requesting

April 11, 2007

April 11, 2007

PACER
22

Order

April 12, 2007

April 12, 2007

PACER
23

Order Referring Case to Magistrate Judge

April 13, 2007

April 13, 2007

PACER
24

Order

1 mediation

View on PACER

April 16, 2007

April 16, 2007

PACER
25

Order

April 18, 2007

April 18, 2007

PACER
26

Motion to Seal

May 7, 2007

May 7, 2007

PACER
27

Response in Opposition to Motion

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

May 16, 2007

May 16, 2007

PACER
28

Response in Support of Motion

1 Affidavit Joe Ferko

View on PACER

2 Exhibit Press Release

View on PACER

3 Exhibit Paula Bathras note to Joe

View on PACER

May 25, 2007

May 25, 2007

PACER
29

Order on Motion to Seal

June 1, 2007

June 1, 2007

PACER
30

Motion to Dismiss

June 22, 2007

June 22, 2007

PACER

Telephone Conference

July 9, 2007

July 9, 2007

PACER
31

Response in Opposition to Motion

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

July 9, 2007

July 9, 2007

PACER
32

Order

July 11, 2007

July 11, 2007

PACER
33

Reply to Response to Motion

1 Affidavit Affidavit of Jerome Jacobs, CPA

View on PACER

July 23, 2007

July 23, 2007

PACER
34

Motion for Sanctions

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

Aug. 3, 2007

Aug. 3, 2007

PACER
35

Motion for Extension of Time to File Response/Reply

1 Exhibit Copy of Emails from EEOC to Defense

View on PACER

Aug. 8, 2007

Aug. 8, 2007

PACER
36

Order on Motion for Extension of Time to File Response/Reply

Aug. 9, 2007

Aug. 9, 2007

PACER
37

Response in Opposition to Motion

Sept. 14, 2007

Sept. 14, 2007

PACER
38

Reply to Response to Motion

Sept. 20, 2007

Sept. 20, 2007

PACER
39

Memorandum Opinion

Jan. 3, 2008

Jan. 3, 2008

PACER
40

Order on Motion for Sanctions

Jan. 3, 2008

Jan. 3, 2008

PACER
41

Order

Jan. 4, 2008

Jan. 4, 2008

PACER
42

Status Report Submitted

Jan. 11, 2008

Jan. 11, 2008

PACER
43

Order

Jan. 14, 2008

Jan. 14, 2008

PACER
44

Order

Jan. 17, 2008

Jan. 17, 2008

PACER

Settlement Conference

March 11, 2008

March 11, 2008

PACER
45

Motion to Approve Consent Judgment

1 Consent Decree

View on PACER

April 14, 2008

April 14, 2008

PACER
46

Consent Decree

1 attachment

View on PACER

April 14, 2008

April 14, 2008

PACER

Case Details

State / Territory: Maryland

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: May 23, 2006

Closing Date: Oct. 14, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

EMS Innovations, Inc. (Pasadena, Maryland), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 115000

Order Duration: 2008 - 2011

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits