Case: EEOC v. PJAX INC

1:03-cv-01535 | U.S. District Court for the District of Maryland

Filed Date: May 27, 2003

Closed Date: Nov. 24, 2005

Clearinghouse coding complete

Case Summary

EEOC's Baltimore, MD office alleged violations of Title VII, ADEA, and ADA in the hiring and recruiting process of the defendant, PJAX, Inc. The lawsuit was filed in the United States District Court for the District of Maryland (Baltimore) on 05/27/2003. The defendant, headquartered in Gibsonia, PA, operated facilities and terminals nationwide. EEOC made allegations on behalf of two individual complainants and two class complainants. EEOC alleged that a class of qualified females that applied f…

EEOC's Baltimore, MD office alleged violations of Title VII, ADEA, and ADA in the hiring and recruiting process of the defendant, PJAX, Inc. The lawsuit was filed in the United States District Court for the District of Maryland (Baltimore) on 05/27/2003. The defendant, headquartered in Gibsonia, PA, operated facilities and terminals nationwide.

EEOC made allegations on behalf of two individual complainants and two class complainants. EEOC alleged that a class of qualified females that applied for the positions of driver and dockworker were rejected because of their sex. It was also alleged that the defendant required all applicants that applied for the driver and dockworker positions to complete a medical questionnaire as to their disabilities and rejected those that indicated disabilities. Additionally, EEOC claimed that a 55-year-old female was refused employment at defendant's Cleveland, OH terminal because of her sex and age. EEOC also alleged that a former regional operations manager at defendant's Baltimore terminal was subject to retaliatory termination because of his oppositions to the discriminatory hiring practices based on age, sex and disability. None of the complainants intervened or filed a separate lawsuit.

The defendant proposed settlement before answering the complaint. The district court entered a consent decree on 11/24/2003.

Under the two-year consent decree, the defendant agreed to pay $200,500 to the terminated manager, $25,000 to the female who was refused employment, and a total of $1.775 million to all eligible claimants. The eligible claimants include two classes: all qualified females that applied for driver and/or dockworker positions from 01/01/1997 to the entry of the consent decree but were rejected because of their sex; all qualified applicants that applied for driver and dockworker positions in the same period but were rejected because of their elicited disabilities. The consent decree also required the defendant to give all eligible claimants priority hiring consideration.

Additionally, the defendant was required to provide training and post notice of its EEO policies at all its facilities and terminals nationwide. The defendant was also required to create an internal HR Specialist position to ensure compliance with federal laws at all facilities and terminals nationwide.

 

Summary Authors

Justin Kanter (7/6/2007)

Related Cases

EEOC v. PJAX, INC, Western District of Pennsylvania (2003)

Documents in the Clearinghouse

Document

1:03-cv-01535

Docket (PACER)

EEOC v. PJAX Inc

Nov. 24, 2003

Nov. 24, 2003

Docket
1

1:03-cv-01535

Complaint

EEOC v. PJAX Inc

May 27, 2003

May 27, 2003

Complaint
29

1:03-cv-01535

Consent Decree

EEOC v. PJAX Inc

Nov. 24, 2003

Nov. 24, 2003

Settlement Agreement

Resources

Docket

Last updated March 20, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against PJAX, Inc. , filed by Equal Employment Opportunity Commission.(raf, Deputy Clerk) (Entered: 05/27/2003)

May 27, 2003

May 27, 2003

JURY TRIAL DEMAND by Equal Employment Opportunity Commission. (raf, Deputy Clerk) (Entered: 05/27/2003)

May 27, 2003

May 27, 2003

2

Summons Issued (20 days) as to PJAX, Inc.(raf, Deputy Clerk) (Entered: 05/27/2003)

May 27, 2003

May 27, 2003

3

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. PJAX, Inc. waiver sent on 6/12/2003, answer due 8/11/2003. (hml, Deputy Clerk) (Entered: 06/25/2003)

June 25, 2003

June 25, 2003

4

RESPONSE in Opposition to Defendant's Motion for Stay by Equal Employment Opportunity Commission. (Lawrence, Debra) (Entered: 07/16/2003)

July 16, 2003

July 16, 2003

5

ORDER RETURNING defendant's motion to stay. Signed by Judge J. Frederick Motz on 7/15/03. (Attachments: # 1 Motion to Stay) (c/m to James B. Brown, Esq. 7/16/03)(hml, Deputy Clerk) (Entered: 07/16/2003)

July 16, 2003

July 16, 2003

7

ORDER granting 6 Motion of defendant for James B. Brown to Appear Pro Hac Vice. Signed by Clerk on 7/18/03. (For Pleading # 6, See Pleading # 7) (hml, Deputy Clerk) (Entered: 07/18/2003)

July 18, 2003

July 18, 2003

8

MOTION for W. Scott Hardy to Appear Pro Hac Vice by PJAX, Inc. (Filing Fee Paid) (Receipt # 1196272) (hml, Deputy Clerk) (Entered: 07/18/2003)

July 18, 2003

July 18, 2003

9

ORDER granting 8 Motion of defendant for W. Scott Hardy to Appear Pro Hac Vice. Signed by Clerk on 7/18/03. (For Pleading # 9, See Pleading # 8) (hml, Deputy Clerk) (Entered: 07/18/2003)

July 18, 2003

July 18, 2003

10

MOTION to Stay by PJAX, Inc.. Responses due by 8/7/2003 (Hardy, W) (Entered: 07/21/2003)

July 21, 2003

July 21, 2003

11

REPLY to Response to Motion re 10 MOTION to Stay filed by PJAX, Inc.. (Brown, James) (FILED IN ERROR) (Entered: 08/04/2003)

Aug. 4, 2003

Aug. 4, 2003

12

REPLY to Response to Motion re 10 MOTION to Stay filed by PJAX, Inc.. (Brown, James) (Entered: 08/04/2003)

Aug. 4, 2003

Aug. 4, 2003

13

ORDER denying 10 Motion of defendant to Stay. Signed by Judge J. Frederick Motz on 8/5/03. (hml, Deputy Clerk) (Entered: 08/05/2003)

Aug. 5, 2003

Aug. 5, 2003

14

Joint MOTION for Extension of Time to File Answer re 1 Complaint by PJAX, Inc. (Brown, James) Modified on 8/7/2003 (jlb, Deputy Clerk). (Entered: 08/07/2003)

Aug. 7, 2003

Aug. 7, 2003

15

Paperless ORDER granting 14 Motion for Extension of Time until August 29, 2003 to Answer re 1 Complaint. Signed by Judge J. Frederick Motz on 8/7/03. (Motz, J.) (Entered: 08/07/2003)

Aug. 7, 2003

Aug. 7, 2003

16

STIPULATION To Extend The Time For Defendant To Answer Or Otherwise Respond To Plaintiff's Complaint by PJAX, Inc.. (Hardy, W) (Entered: 08/28/2003)

Aug. 28, 2003

Aug. 28, 2003

17

Paperless ORDER granting re 16 Stipulation to Extend Time for Defendant to Answer or Otherwise Respond to Plaintiff's Complaint filed by PJAX, Inc. Signed by Judge J. Frederick Motz on 8/29/03. (Motz, J.) (Entered: 08/29/2003)

Aug. 29, 2003

Aug. 29, 2003

18

STIPULATION (JOINT) FOR EXTENSION TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT by PJAX, Inc.. (Brown, James) (Entered: 09/25/2003)

Sept. 25, 2003

Sept. 25, 2003

19

Paperless ORDER granting re 18 Stipulation to extend time for defendant to answer complaint filed by PJAX, Inc.. Signed by Judge J. Frederick Motz on 9/26/03. (Motz, J.) (Entered: 09/26/2003)

Sept. 26, 2003

Sept. 26, 2003

20

STIPULATION Joint Stipulation to Extend Time to Answer or Otherwise Respond to Complaint by PJAX, Inc.. (Brown, James) (Entered: 10/03/2003)

Oct. 3, 2003

Oct. 3, 2003

21

Paperless ORDER granting re 20 Stipulation to extend time for defendant to answer complaint filed by PJAX, Inc.. Signed by Judge J. Frederick Motz on 10/6/03. (Motz, J.) (Entered: 10/06/2003)

Oct. 6, 2003

Oct. 6, 2003

23

Paperless ORDER granting re 22 Stipulation filed by PJAX, Inc.. Signed by Judge J. Frederick Motz on 10/14/03. (Motz, J.) (Entered: 10/14/2003)

Oct. 14, 2003

Oct. 14, 2003

24

STIPULATION JOINT STIPULATION TO EXTEND TIME FOR DEFENDANT TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT by PJAX, Inc.. (Brown, James) (Entered: 10/31/2003)

Oct. 31, 2003

Oct. 31, 2003

25

Paperless ORDER granting re 24 Stipulation filed by PJAX, Inc.. Signed by Judge J. Frederick Motz on 11/3/03. (Motz, J.) (Entered: 11/03/2003)

Nov. 3, 2003

Nov. 3, 2003

26

NOTICE of Settlement JOINT NOTICE OF SETTLEMENT AND INTENT TO FILE PROPOSED CONSENT DECREE by PJAX, Inc. (Brown, James) (Entered: 11/14/2003)

Nov. 14, 2003

Nov. 14, 2003

27

MARGINAL ORDER APPROVING 26 Notice of Settlement and intent to file proposed consent decree filed by PJAX, Inc.. Signed by Judge J. Frederick Motz on 11/17/03. (jnl, Deputy Clerk) (Entered: 11/17/2003)

Nov. 17, 2003

Nov. 17, 2003

28

NOTICE of Settlement CONSENT DECREE by PJAX, Inc. (Brown, James) (Entered: 11/20/2003)

Nov. 20, 2003

Nov. 20, 2003

29

CONSENT DECREE and approval. Signed by Judge J. Frederick Motz on 11/24/03. (jnl, Deputy Clerk) (Entered: 11/24/2003)

Nov. 24, 2003

Nov. 24, 2003

Case Details

State / Territory: Maryland

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: May 27, 2003

Closing Date: Nov. 24, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

EEOC, on behalf of a women who had applied for driver and/or dockworker positions but were rejected because of their sex; and of applicants for driver and dockworker positions in the same period who were rejected because of their disability.

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

PJAX, Private Entity/Person

PJAX, Inc. (Baltimore, MD; Cleveland, OH), Private Entity/Person

Defendant Type(s):

Transportation

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

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: 2000500

Order Duration: 2003 - 2005

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Utilize objective hiring/promotion criteria

Comply with advertising/recruiting requirements

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Pattern or Practice

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Hiring

Medical Exam / Inquiry

Discrimination-basis:

Age discrimination

Disability (inc. reasonable accommodations)

Sex discrimination

Affected Sex or Gender:

Female

Male

EEOC-centric:

Direct Suit on Merits