Thomas v. Bet Sound-Stage Restaurant/BrettCo, Inc., 61 F. Supp. 2d 448 (D. Md. 1999) case opinion from the U.S. District Court for the District of Maryland
U.S. District Court for the District of Maryland - 61 F. Supp. 2d 448 (D. Md. 1999) September 1, 1999 ... Marie THOMAS, Plaintiff, v. BET SOUND-STAGE RESTAURANT/BRETTCO, INC., et al., Defendants.To establish a prima facie case for intention infliction of emotional distress, Plaintiff must establish (1) the conduct must be intentional or reckless; (2) the conduct must be extreme and outrageous; (3) there must be a causal connection between the wrongful conduct and the emotional distress; (4) the emotional distress must be severe. Harris v. Jones, 281 Md. 560, 566, 380 A.2d 611, 614 (1977); Franklin v.In applying the integrated enterprise test, courts have noted the following to be probative evidence that one company employs the other's employees for purposes of Title VII liability: (1) one company's employees hired and fired the other's employees and/or authorized lay offs, recalls, and promotions of such employees, see Cook v. Arrowsmith Shelburne, Inc., 69 F.3d 1235, 1241 (2d Cir.1995); Frank, 3 F.3d at 1362; Johnson, 814 F.2d at 981; Trevino v. Celanese Corp., 701 F.2d 397, 404 (5th Cir.1983); (2) one company routinely transferred employees between it and the other company, used the same work force, and/or handled the other's payroll, see Johnson, 814 F.2d at 981; Armbruster v.See Alvarado v. Board of Trustees of Montgomery Community College, 848 F.2d 457, 460 (4th Cir.1988) (citing Kaplan v. Int'l Alliance of Theatrical & Stage Employees, 525 F.2d 1354, 1359 (9th Cir.1975)). As such, courts have adopted exceptions to the general rule that an aggrieved party may not bring a civil suit against a party that was not named in the EEOC charge. Under the "identity of interest" exception, courts examine various factors in order to determine whether a party unnamed in the EEOC charge may be sued. The more common factors include: (1) similarity of interests between named and unnamed parties; (2) ability of the plaintiff to ascertain the unnamed party *458 at the time of the EEOC charge; (3) notice of the EEOC charge by the unnamed party; and (4) prejudice.