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United States Equal Employment Opportunity COIT1ITilssion 21 S. 51h Slr••t, Suite 400 Philadelphia, I'A 19106
Woody Angl"""
Trial Attorney

UNITED STATES DTSTRICT COURT FOR THE DTSTRICT OF NEW JERSEY

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
MICHAEL'S SALON DT PARRUCCHTERE
me.,
Defendant.

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CIVIL ACTION)10, )

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COMPLAINT

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.fURY TRiAL DEMAND

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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 correct unlawful employment practices that discriminate on the basis of sex

and to provide appropriate relief to Jessica Masker. As articulated with greater particularity in

paragraph 7 below, the Commission alleges that during Ms. Masker's employment, Defendant's

Owner, Michael Merola, subjected .Tessica Masker 10 sexually explicit, insulting, and derogatory

comments and conduct which created a sexually hostile and offensive work environment for her as

a female, The Commission alleges that Defendant railed to undertake any remedial action to stop

the offensive and discriminatory conduct. As a result of the sexual harassment, the Commission

alleges that Jessica Masker was forced to resign from her employment and was constructively

discharged from her position as a hair stylist. She suffered severe emotional distress and damages

as a result ofthe illegal conduct ofthe Defendant.

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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 § 706(1)(1) and (3) ofTWe VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-S(t) and (3), ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
2. The employment practices alleged to be unlaw ful were committed within the
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jurisdiction of the United States District Court for the District of New Jersey. 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), 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 Section 706(t)(1) and (3) ofTitie VII, 42 U.S.C. § 2000e-5(t)(1) and (3).
4. At all relevant times, Defendant, Michael's Salon Di Parrucciere Inc. ("Michael's Salon") has continuously been and is now doing business in the State ofNew Jersey and the towns of Flanders, Hackettstown and Chester, and has continuously had at least tWeen (15) employees,
5. At all relevant times, Defendant Employer had continuously bcen an cmploycr engaged in an industlY affecting commerce within the meaning or Sections 701(b), (g) and (h) of
Title VII, 42 US.C, §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution ofthis lawsuit, Jessica Masker flied a charge with the Commission alleging violations MTitle VIT by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fuUlIJed. 7. Since at least 2002, Defendant Employer has engaged in unlawful employment
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practices at its Hackettstown, New Jersey facility in violation of section 103(a)(1) of Tille VII, 42 U.S.c, § 2000e-2(a)(J) and 2000(e)-3(a)(I), by subjecting Charging Party Jessica Masker to a sexually hostile and abusive work enviromnent. Specifically, Defendant Employer's Owner, Michael Merola, regularly and pervasively subjected Ms. Masker generally to ul1welcome sexual advances, uninvited sexually explicit language and remarks and unwelcome egregious touching and contact which resulted in sex ual assaults.
(A) As the highest ranking official for Defe11dant Employer, Michael Merola's wrongful conduct is imputed to Defendant Michael's Salon.
(B) Michael Merola, Defendant's Owner and Manager, engaged in a continuing pattem of sexual harassment against Jessica Masker which was unwanted, inappropriate and highly offensive.
(C) Jessica Masker was employed by Defendant Employer as a Hair Stylist for approximately one year, January, 2002 to January, 2003. Throughout her employment with
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Defendant Employer, Merola subjected Jessica Masker to unwelcome, uninvited sexual harassment and caused her to resign from her employment.
(D) Merola's wrongful cOl1duct included, but is not limited to, (a) asking her and other female employees on multiple occasions to have sexual relations with his under-age son, repeatedly asking her and other female employees to have sexual relations with him, sticking his penis inches away from her face and ordering her to perform oral sex on him, physically restraining her against her objection to allow him to sexually assault her, and touching, groping and licking her body parts without her permission.
(E) Defendant Employer did not have an anti-harassment policy, nor did it maintain a
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complaint process to address issues of employment discrimination in the workplace. (F) Despite objections from Jessica Masker, Defendant Employer took no corrective
action to cause the wrongful conduct to end. (8) The effect of the practices complained of in paragraph 7(A) through (F) above has
been to deprive Jessica Masker of equal employment opponunilies and otherwise affect her status as an employee because of her gender (female).
(9) The acts complained of in paragraph 7 were intentional. (10) The unlawful enlployment practices complained ofin paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Jessica Masker as a female.
PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its oflicers, successors, assigns, and all persons in active concert or participation with it, fr0111 engaging in sexual harassment, disparate treatment, constructive discharge, and any other employment practice which discriminates on the basis of sex. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, wbich eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Jessica Masker by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects (lfils unlawful employment practices.
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D. Ordcr Defcndant Employer to make whole Jessica Masker by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7,8 a.nd 9 above, including but not limi ted (0 out-0 f-pocket losses in amounts to be determined at tri al.
E. Order Defendant Employer to make whole Jessica Masker by providing compensation for past and future nonpecuniary losses resulting iTom the unlawful practices complained of in paragraphs 7,8 and 9 above, including pain and suffering, humiliation, embarrassment, and loss of life's pleasures, in amounts to be determined at trial.
F. Order Defendant Employer to pay Jessica Masker punitive damages for its malicious and reckless conduct described in parak,'Tuphs 7,8 and 9 above, in amounts to be determined at trial.
G. Grant such r~Lrlher relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its c.os(s of this action.
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nJRY TRIAL DEMAND
The Commission requests ajury (rial on all qllestions of fact raised by its complaint.
ERIC S. DREIBAND General Counsel
JAMESL. LEE
Deputy General Counsel
GWENDOLYN YOUNG REAMS
Associate General Counsel
U.S. EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
1801 1. Street, NW Washington, DC 20507
~._jJ.,~. 'D Regional Attomey
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Trial Attomey
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Philadelphia District Office The Bourse Building 21 S. 5th Street, Suite 400 Philadelphia, PA 19106 Telephone (215) 440-2814
EQlIAL EMPLOYMENT OPPORTUNITY COMMISSION
Newark Area Office 1 Newark Center, 21" Floor Newark, N.I 07102-5253 Telephone: (973) 645-6383
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 </s> Case 3:04-cv-01927-SRC-TJB Document 9 Filed 03/30/2005 Page 1 of 1

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

x

Equal Employment Opportunity

Commission,

x

Plaintiff,

x

x

v.

x

x

x

Michael’s Salon Di Parrucchiere,

Inc.

x

Defendant and

x

x

x

Hon. Stanley R. Chesler, U.S.D.J. Civ. No. 04-1927(SRC)
ORDER

It appearing that it has been reported to the Court that the above captioned action has been settled in its entirety;
IT IS on this 30th day of March, 2005, ORDERED THAT: (1) This action is hereby DISMISSED without costs and without prejudice to the right, upon motion and good cause shown within 60 days, to reopen this action if the settlement is not consummated; and (2) If any party shall move to set aside this Order of Dismissal as provided in the above paragraph or pursuant to the provisions of Fed.R.Civ.P. 60 (b), in deciding such motion the Court retains jurisdiction of the matter to the extent necessary to enforce the terms and conditions of any settlement entered into between the parties and all pending motions are dismissed as moot.

___________s/_________________ Stanley R. Chesler, U.S.D.J.

 </s> Case 3:04-cv-01927-SRC-TJB Document 10 Filed 06/02/2005 Page 1 of 12

u.s. Equal Employment Opportunity Commission
Philadelphia District Omce 21 South Fifth Street, Suite 400 Philadelphia, PA 19106-2515
Local Offico: 21 Newark Center, 21" Floor Newark, NJ 07102
Woody Angladc Trial Attorney

RECEIVED
'JUN 22005
AT 8:30 WIL~M CLERK H

UNITED STATES DISTRICT COURT FOR THE DISTRlCT OF NEW JERSEY

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v,
MICHAEL'S SALON DI PARRUCCHIERE INC.,
Defendant.

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CIVIL ACTION NO. 04-1927 (SRC)

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CONSENT DECREE

Introduction

A. This action was instituted by the U.S, Equal Employment Opportunity Commission

("the EEOC" or ''the Commission") on or about April 23, 2004 against Michael's Salon Di

Parrucchiere, Inc. ("Michael's Salon" or "Defendant") to enforce provisions ofTitle VII ofthe Civil

Rights of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII"). The Commission alleged that

Defendant discriminated against Jessica Masker ("Masker"), when Defendant's Owner, Michael

Merola, subjected Jessica Masker to sexually explicit, insulting, and derogatory comments and

conduct which created a sexually hostile and offensive work environment for her as a female, The

Case 3:04-cv-01927-SRC-TJB Document 10 Filed 06/02/2005 Page 2 of 12
Commission also alleged that Defendant failed to undertake anyremediaJ action to stop the offensive and discriminatory conduct. Further, the Commission maintained that as a result of the sexually hostile work environment, Jessica Masker suffered emotional distress and damages.
Defendant has denied these allegations. By entering into this Agreement, Defendant admits to no wrongdoing.
B. This Consent Decree is entered into by and shall be final and binding between the EEOC and Michael'S Salon, its directors, officers, agents, successors and assigns.
C. The Commission and Defendant agree to the entry of this Consent Decree, which shaH fully and fmally resolve all claims the EEOC raised in its Complaint in Civil Action No. 04-CV-1927 (SRC). This Consent Decree shall not constitute either an adjudication of or finding on the merits of the complaint and shall not be construed as an admission by Defendant of any violation of Tide VII.
Findings D. Having carefully examined the terms and provisions of this Consent Decree, and based on the pleadings, record and stipulations ofthe parties, the Court finds: (1) it has jurisdiction ofthe parties and subject matter jurisdiction ofthi$ action; and (2) the terms ofthis Decree are fair, reasonable, equitable and just, and adequately protect the rights ofthe parties, and the public interest. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
Non-Discrimination and Non-Retaliation 1. This Court has jurisdiction over the parties and subject matter of this action. 2. Defendant will not harass any employee on the basis ofsex in violation ofTitle VII. 3. Defendant will not engage in any employment practices which retaliate in any manner
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against any person, including but not limited to Jessica Masker, because ofthat person's opposition to any practice made an unlawful employment practice under Title VII or because that person has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under Title VII.
4. Defendant shall only divulge to any identifiable employer or potential employer of
Jessica Masker, Ms. Masker's start date, position title, final salary and end date and indicate that
such limited disclosure is part of its business practice. S. Nothing in this Consent Decree, either by inclusion or exclusion, shall be construed
to limit the obligations of Defendant under Title VII or the EEOC's authority to process or litigate any charge of discrimination now pending or filed in the future against Defendant.
Monetary Relief 6. No later than 90 days from March 28, 2005, and after receipt of a Release executed by Ms. Masker and the filing of this Consent Decree, Defendant agrees to pay monetary reliefin the amount of$17,500.00 to Jessica Masker, in full settlement ofthe claim raised on her behalf against Defendant in the EEOC's Complaint. The check will be mailed to Jessica Masker, at her residence, located at 62 Quenby Mountain Road, Great Meadows, New Jersey 07830, and a copy within five business days thereafter to the attention of Woody Anglade, Trial Attorney, EEOC, 21 South Fifth Street, Suite 400, Philadelphia, PA 19106-2515. In order to receive this monetary relief. Ms. Masker must execute the attached Release, Exhibit A. Late payment of the check will be subject to the accrual of interest on the unpaid amount, calculated pursuant to 28 U.S.C. § 1961.
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Posting ofNotice 7. Within 20 business days after entry of this Decree, Defendant shall post at its two Michael's Salon Dj Parrucchiere, Inc.'s work sites, located in (i) Hackettstown, NJ, and (ii) Flanders, NJ, on all bulletin boards, used by Defendant for communicating vliith employees, same-sized copies ofthe Notice attached as Exhibit B to this Decree. The Notice shall remain posted for three years from the date of entry ofthis Decree. Defendant shall forward a certification that the Notice has been posted and dates of posting within 30 days after entry of this Decree to Woody Anglade, Tria) Attorney, EEOC, 21 South Fifth Street, Suite 400, Philadelphia, PA 19106-2515. If posted copies become defaced, removed, marred or otherwise illegible, Defendant agrees to post a readable copy in the same manner as heretofore specified.
Non-Discrimination and A.nti-Harassment Policies and ~om12laint Procedures 8. Defendant agrees to draft a policy against discrimination, harassment and retaliation and complaint procedures, which shall be drafted in plain and simple language. Defendant shall ensure that its policy or policies against discrimination, harassment and retaliation and related complaint procedures meet the following minimum criteria: (a) state that Defendant: (i) prohibits discrimination against employees on the basis of sex, and prohibits retaliation in violation ofTitle VII; (ii) prohibits retaliation against employees for opposing employment practices they reasonably believe are discriminatory or for participating in an investigation by the EEOC or a state or local governmental agency of a charge of discrimination under Title VII; (iii) prohibits any act, policy or practice that has the effect of harassing or intimidating any employee on the basis of sex, in violation of Title VII; and (iv) prohibits any act, policy or practice that has the effect of creating, facilitating or pennitting the existence of a work
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environment that is hostile to employees through acts such as physical/verbal abuse and derogatory comments based on sex, in violation of Title V1I;
(b) include a complaint procedure designed to encourage employees to come forward with complaints regarding violations ofits policy or policies against discrimination, harassment and retaliation, which shall meet the following minimum criteria: (i) provide effective mechanism(s) for reporting incidents ofdiscrimination, harassment and retaliation; (ii) provide that the complaints of discrimination, harassment andlor retaliation can be made either in writing or verbally; (iii) identify an employee or employees at Defendant's Hackettstown and Flanders' worksites, to whom
an employee can make a complaint; (iv) encourage prompt reporting by employees; and (v) provide
assurances that complainants shall not be subj ected to retaliation; (c) provide for prompt investigation of complaints of harassment andlor retaliation; (d) provide for prompt communication to the complaining party of the results of the
investigation and any remedial actions taken or proposed; and (e) provide for discipline up to and including discharge ofan employee or supervisor who
violates Defendant's policy or policies against discrimination, harassment and retaliation, and for increasingly severe discipline of repeat offenders.
9. Defendant shall distribute to all of its employees and newly-hired employees, its policy or policies against discrimination, harassment and retaliation within 30 days after entry ofthis Consent Decree.
10. Within 30 days after entry of this Consent Decree, Defendant shall advise Woody
Anglade, Trial Attorney. EEOC's Philadelphia District Office, that its policy or policies against discrimination, harassment and retaliation have been distributed to current employees, including
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temporary employees, via paycheck enclosure and that new employees, including temporary
employees, will receive these policies and an opportunity to acknowledge receipt. Defendant will
retain copies of any acknowledgment of receipt form for an employee in the employee's personnel file.
II. Dcfendant shall annually for the duration of the Consent Decree send a copy of its policy orpoIicies against discrimination, harassment and retaliation with each employee's paycheck.
Supervisor Accountability 12. Defcndant shall promote supervisor accountability by the following conduct: (a) providing atmual atlti-discrimination training to all ofits supervisory atld matlagerial personnel as set forth in Paragraph 13; (b) disciplining, up to and including discharge, any supervisor or matlager who violates Defendant's policy or policies against discrimination, harassment and retaliation; and (c) imposing on all matlagers atld supervisory personnel a duty to administer their work areas to ensure compliance with Defendant's policy against discrimination, harassment and retaliation; and (d) requiring all managers and supervisors to report any incidents and/or complaints of harassment atld/or retaliation of which they become aware to the employee or employees designated to handle complaints of discrimination, harassment and retaliation.
Training 13. Defendant shall provide training on the requirements of Title VII as follows: (a) Defendant agrees to provide annual training sessions for atlyemployee or employees
at its two Michael's Salon Di Parrucchiere, Inc.'s work sites, located in (i) Hackettstown, NJ , and
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(ii) Flanders, NJ, responsible fOT responding to Title VII complaints made at Michael's Salon by a vendor approved by the EEOC. The training will cover employee rights and employer obligations under both Title VTI and relevant state or local anti·discrimination laws, and will emphasize what constitutes unlawful harassment and discrimination in the workplace, how to keep the company free from such discrimination, what constitutes unlawful retaliation, and will summarize how to conduct a prompt and effective investigation into allegations, complaints or charges of discrimination;
(b) Defendant shall first provide training in accordance with Paragraph 13(a) by no later than 90 calendar days after entry of this Consent Decree and also shall provide such training in calendar years 2006 and 2007.
14. Defendant shall obtain the EEOC's approval of its proposed trainer prior to each year's training sessions.
15. Defendants agree at its expense to provide the EEOC with copies of all pamphlets, brochures, outlines or other written materials provided to attendees of training sessions. Even though the EEOC has approved ofor designated a trainer to provide training for one year, it is not required to approve of or designate the same trainer for future training sessions.
16. Defendant shall certify to the EEOC in writing within 10 business days after the training sessions required by Paragraph 13 have occurred that the training has taken place and the personnel who attended. Such certification shall include: (i) the dates, location and duration ofthe training session; (li) a copy of the registry of attendance, including the name and position of each person in attendance; and (iii) a listing of the employee or employees at Michael's Salon Di Parrucchiere, Inc.'s two work sites, located in (i) Hackettstown, NJ, and (ii) Flanders, NJ, responsible for responding to Title VII complaints made at Michael's Salon as of the date ofthe
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training. 17. Defendant shall furnish to the EEOC the following written reports annually for a
period of three years fol1owing entry of this Decree with the first report due six months after entry ofthe Decree and the final report due 36 months after entry of the Decree. Each such report shall contain:
(a) a certification by Defendant that the Notice required to be posted by Paragraph 7 was posted during the six months preceding the report;
(b) a certification by Defendant that it has or will distribute the policy orpoJicies against discrimination, harassment and retaliation annually to employees, and that Defendant has disseminated the policy against discrimination, harassment and retaliation to all new employees, including temporary employees, hired within the six-month period preceding the report;
(c) a certification that Defendant has complied with trainingrequiremcnts ofthis Consent Decree;
(d) a summary of any additional actions Defendant took to prevent discrimination, harassment and retaliation at Michael's Salon Di Parrucchiere, Inc. 's two work sites, located in (i) Hackettstown, NJ, and (ii) Flanders, NJ during the six-month period preceding the report.
Dispute Resolution 18. In the event either party to this Decree believes the other party has failed to comply with any provision(s) ofthe Decree, the complaining party shall notifY the other party of the alleged non"compliance within 20 days ofthe alleged non-compliance and afford the alleged non-complying party 20 business days to remedy the non-compliance or satisfy the complaining party that the alleged non-complying party has complied. Ifthe alleged non-complying party has not remedied the
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alleged non-compliance or satisfied the complaining party that it has complied within 20 business days, the complaining party may apply to the Court for appropriate relief.
Miscellaneous Provisions 19. Each party (0 this Decree shall bear its own expenses, costs and attorneys' fees. 20. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, successors and assigns of Defendant in their capacities as representatives, agents, directors and officers ofDefendant and not in their individual capacities. This paragraph shall not be construed as placing any limit on remedies available to the Court in the event any individual is found in contempt for a violation of this Decree. 21 . This Consent Decree shall fully and finally resolve all claims which were raised by the EEOC in its Complaint in Civil Action No. 04-1927 (SRC). 22. This Consent Decree shall be filed in the United States District Court for the District of New Jersey and shall continue in effect for three (3) years. During this time, this Court shall retain jurisdiction over this matter and the parties for purposes of enforcing compliance with the Decree, including issuing such orders as maybe required to effectuate its purposes. Any application by any party to modify or vacate this Consent Decree during such period shall be made by motion to the Court on no less than 30 days' notice to the other party. Should allyrnaterial disputes under this Decree remain unresolved after this three-year period, the term of the Decree shall be automatically extended (and the Court will retain jurisdiction ofthis matter to enforce the Consent
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For Plaintiff EEOC:

For Defendant Michael's Salon Di Parrucchiere, Inc.:

Eric S. Dreiband General Counsel
James L. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel Wash., D.C.
EQUAL EMPLOY ENT OPPORTUNITY .MMISSION

q ine H. McNair Regional Attorney

.rial Attorney

Stephen Laufer, app, Torzewski & Dalena, LLC 23 Cattano Avenue Morristown, NJ 07960 (973) 285-1444

WOOd~~

Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

Philadelphia District Office 21 S. 5th Street, Suite 400

Philadelphia, PA 19106

(215) 440-2828

ByilieCourt: ~~~~~~~~~===~f=.:f:~-====~

S

Y R. CHESLER

TED STATES DISTRICT JUDGE

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Case 3:04-cv-01927-SRC-TJB Document 10 Filed 06/02/2005 Page 11 of 12

EXHIBIT A

UNITED STATES DISTRlCT COURT FOR THE DISTRICT OF NEW JERSEY

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
MICHAEL'S SALON DI PARRUCCHIERE INC.,
Defendant.

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CIVIL ACTION NO. 04-1927 (SRC)

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RELEASE BY CHARGING PARTY

Pursuant to the tenus of the Consent Decree entered into by the Equal Employment Opportunity Commission ("EEOC") and Michael's Salon Di Parruccbiere Inc., in the above-captioned case, I, Jessica Masker, do hereby waive, remit, release and forever discharge Michael's Salon OJ PalTucchiere Inc., its subsidiary companies, and any and all of the officers, directors, agents, employees, and members ofsuch entities from any and all claims, demands or causes ofaction under Title VII, arising from any right or entitlement nOW existing until the date of execution of this Release for facts arising from or allegations made in EEOC v, Michael's Salon Di Parrucchiere Inc., Civil Action No.04-cv-I927, based on claims ofsexual harassment, occuningprior to this date. This Release is freely executed in return for the good and valuable consideration set forth in the abovereferenced Consent Decree.

Date:_ _ _ _ _ _,,2005

SIGNATURE: _ _ _ _ _ _ __ Jessica Masker

Sworn to and Subscribed

Before me this

day

of_ _ _ _ _ _ _ _ _,2005.

NOTARY PUBLIC My Commission Expires:

Case 3:04-cv-01927-SRC-TJB Document 10 Filed 06/02/2005 Page 12 of 12

EXHIBITB

NOTICE TO ALL MICHAEL'S SALON DT PARRUCCHIERE, INC. EMPLOYEES

This Notice is posted pursuant to a Consent Decree entered by the federal court for the District of New Jersey ill EEOC v. Michael's Salon Di Parmcchiere, Inc., Civil Action NUlnber 04CV-1927 (SRC), resolving a lawsuit filed by the Equal Employment Opportunity Conunission ("EEOC") against Michael's Salon Di Parrucchiere, Inc., ("Michael's Salon"),

Title VII of the Civil Rights Act of 1964,42 U.S ,C. § 2000c et seg" as amended ("Title VIl"), prohibits discrimination against employees and applicants for employment based upon natiollal origin, sex, race, color or religion. Title VII further prohibits retaliation against employees or applic.ants who avail themselves of their rights under Title VII by engaging in protected activities, such as tiling a charge of discrimination andlor testifying or participating in a Commission investigation. The EEOC is the federal agency which investigates charges of unlawful employment discrimination. The EEOC has the authority to bring lawsuits in federal court to enforce Title VII.

In its lawsuit, the EEOC alleged that Michael's Salon subjected an employee to harassment based on sex, cansing the employee to conslnIctively discharge, in violation ofTitic VII of the Civil Rights Act of 1964 ("Title VII"). Michael's Salon Di PalTIlcchierc, Inc, denies these allegations.

To resolve the case, Michael's Salon and the EEOC have entered into a Consent Decree
which provided, among other things, that: (I) Michael's Salon agrees that it will no! discriminate
on the basis of sex; (2) Michael's Salon will not retaliate against any person because he or she
or opposed any practice made unlawful by Title VII, filed a Title VTT charge discrimination,
participated in any Title VII proceeding, or asserted any rights under the Consent Decree; and (3) Michael's Salon will train any cmployee or employees at Michael's SalonDiParrucchiere, Inc.'s two work sites, located at (i) Hackettstown, NJ, and (1i) Flanders, NJ with responsibility for responding to Title VII complaints made at Michael's Salon, regarding discrimination, harassment and retaliation, and regarding its policy prohibiting discrimination, harassment and retaliation,

Ifyou believe you have been discriminated against, you may contact the EEOC at (215) 4402600. Tbe EEOC charges no fees and has employees who speak languages other than English.

THTS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE

This Notice must remain posted for three years from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice or compliance with its terms may be directed to the Regional Attorney, EEOC Philadelphia District Office, 21 South 5th Street, Philadelphia, PA 19106.

- - - - - - - - -..----
U.S. Equal Employment Opportunity Commission

Michael's Salon Di Parrucchiere, Tnc.

DATED:

DATED:

 </s> CM/ECF LIVE - U.S. District Court for the District of New Jersey - Doc... https://ecf.njd.uscourts.gov/cgi-bin/DktRpt.pl?111909678877884-L_35...
12BQ, CLOSED, RULE16, SCHEDO
U.S. District Court District of New Jersey [LIVE] (Trenton) CIVIL DOCKET FOR CASE #: 3:04-cv-01927-SRC-TJB

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. MICHAEL'S SALON DI PARRUCCHIERE INC. Assigned to: Judge Stanley R. Chesler Referred to: Magistrate Judge Tonianne J. Bongiovanni Cause: 28:451 Employment Discrimination

Date Filed: 04/23/2004 Date Terminated: 03/30/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by WOODY ANGLADE EEOC PHILA. DISTRICT OFFICE 21 SOUTH 5TH STREET SUITE 400 PHILADELPHIA, PA 19106 Email: woody.anglade@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant MICHAEL'S SALON DI PARRUCCHIERE INC.

represented by STEPHEN E. TRIMBOLI LAUFER, KNAPP, TORZEWSKI & DALENA, LLC CHANCERY SQUARE 23 CATTANO AVENUE MORRISTOWN, NJ 07960 (973) 285-1444 Email: strimboli@lauferknapp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 04/23/2004 04/27/2004

#

Docket Text

1 COMPLAINT against MICHAEL'S SALON DI PARRUCCHIERE INC. Jury Demand, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(cw, ) (Entered: 04/27/2004)
Summons Issued as to MICHAEL'S SALON DI PARRUCCHIERE INC..Days Due - 20. (cw, ) (Entered: 04/27/2004)

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06/03/2004 06/08/2004 06/08/2004 06/08/2004
06/14/2004 06/23/2004 06/23/2004 06/28/2004
08/31/2004 08/31/2004
12/15/2004
03/30/2005 06/02/2005

4 SUMMONS Returned Executed by as to MICHAEL'S SALON DI PARRUCCHIERE INC. served on 5/20/2004, answer due 6/9/2004. (ms) (Entered: 06/08/2004)
2 Application and Proposed Order for Clerk's Order to extend time to answer as to Defendant.. (TRIMBOLI, STEPHEN) (Entered: 06/08/2004)
3 Letter from Defendant. (TRIMBOLI, STEPHEN) (Entered: 06/08/2004)
Application and Proposed Order for Clerk's Order to extend time to answer as to MICHAEL 'S SALON DI PARRUCCEIRE, INC.. Attorney STEPHEN E. TRIMBOLI for MICHAEL'S SALON DI PARRUCCHIERE INC. added. (lk, ) (Entered: 06/14/2004)
CLERK'S ORDER granting Application for Clerk's Order to Ext Answer/Proposed Order, deft's. ans due 6/24/04. (lk, ) (Entered: 06/14/2004)
5 Letter from steve trimboli. (TRIMBOLI, STEPHEN) (Entered: 06/23/2004)
6 ANSWER to Complaint by MICHAEL'S SALON DI PARRUCCHIERE INC..(TRIMBOLI, STEPHEN) (Entered: 06/23/2004)
7 ORDER Initial Conference set for 8/31/2004 11:30 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni.. Signed by Judge Tonianne J. Bongiovanni on 6/28/04. (Attachments: # 1 ADR MEMO)(mr) (Entered: 06/30/2004)
Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni : Initial Pretrial Conference held on 8/31/2004. Scheduling order to enter. (mr) (Entered: 09/02/2004)
8 SCHEDULING ORDER: Final Pretrial Conference set for 6/30/2005 02:00 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Status Telephone Conference set for 12/15/2004 12:00 PM before Magistrate Judge Tonianne J. Bongiovanni. Fact Discovery due by 3/2/2005. Dispositive Motions due by 4/8/2005.. Signed by Judge Tonianne J. Bongiovanni on 8/31/04. (Attachments: # 1 FORM OF FINAL PRETRIAL ORDER)(mr) (Entered: 09/02/2004)
Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni : Status Telephone Conference held on 12/15/2004. Status Telephone Conference set for 3/2/2005 02:00 PM before Magistrate Judge Tonianne J. Bongiovanni. (mr) (Entered: 12/16/2004)
9 ORDER DISMISSING CASE as settled. Signed by Judge Stanley R. Chesler on 3/30/05. (lk) (Entered: 03/30/2005)
10 CONSENT DECREE . Signed by Judge Stanley R. Chesler on 6/1/05. (lk) (Entered: 06/03/2005)

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Transaction Receipt

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06/12/2007 17:39:22

PACER Login:

hs0328

Client Code:

eeoc

Description:

Docket Report

Search Criteria:

3:04-cv-01927-SRC-TJB Start date: 1/1/1970 End date: 6/12/2007

Billable Pages:

2

Cost: 0.16

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[CONTENT] April 2004 | the Philadelphia District Office | EEOC | Michael | Salon Di Parrucchiere Inc. | District Court | New Jersey | Title VII of the Civil Rights Act | 1964 |||  ||| March 2005 | June 2005 ||| three-year | Title VII | annual | Title VII | EEOC ||| 17,500 ||| 2008 [SUMMARY] In April 2004, the Philadelphia District Office of the EEOC filed this suit against Michael's Salon Di Parrucchiere Inc. in the U.S. District Court for the District of New Jersey alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964.  Specifically, the defendant's owner subjected the charging party, a female employee, to a sexually hostile work environment consisting of sexually explicit comments, unwelcome touching, and unwelcome sexual advances.  After a single scheduling order and a status conference, it appears that the parties decided to settle in March 2005, but they did not reach a final settlement until June 2005 when they entered into a consent decree.

The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: post a Title VII notice, draft an anti-discrimination policy, implement a complaint procedure, distribute the anti-discrimination policy to all its employees, provide annual Title VII training for its supervisors and managerial personnel, and report to the EEOC at specified intervals.  In addition, the defendant agreed to pay the charging party $17,500. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2008. 

