.' 'N~\) Case 5:01-cv-00406-BO Document 15 Filed 09/19/2001

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IN THE UNITED STATES DISTRICT COURT

Page 1 of 7
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WESTERN DIVISION

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EQUAL EMPLOYMENT OPPORTUNITY

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N CARoLINR.A,r

COMMISSION,

)

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Plaintiff,

)

)

and

)

)

GRETA C. CROUSE,

)

CIVIL ACTION NO.

)

5:01-CV-406-BO(3)

Plaintiff-Intervenor,

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)

)

ENVIRONMENTAL AIR SYSTEMS, INC.

)

)

Defendant.

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CONSENT DECREE The Equal Employment Opportunity Commission (the "Commission") instituted this action pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5(f)(1) and (3), ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a. The Commission, the Plaintiff-Intervenor, Greta C. Crouse ("Crouse") and the Defendant, Environmental Air Systems, Inc. (the "Defendant"), hereby stipulate to jurisdiction of the Court over the parties and agree that the subject matter of this action is properly before the Court. The parties have advised this Court that they desire to resolve the allegations in the Complaint without the burden, expense, and delay of further litigation. Neither this Decree, nor the provisions contained herein, shall be interpreted or construed as an admission by Defendant

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Case 5:01-cv-00406-BO Document 15 Filed 09/19/2001 Page 2 of 7
of a violation of Title VII or any other law prohibiting discrimination. It is therefore the finding of this Court, made on the pleadings and the record as a whole,
that: (1) the <;:ourt has jurisdiction over the parties and the subj ect matter of this action; (2) the purpose and provisions of Title VII will be promoted and effectuated by the entry of the Consent Decree; and (3) this Decree resolves all matters in controversy between the parties as provided in paragraphs 1 through 13 below.
It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. Defendant shall not discriminate against any applicants for employment on the basis of sex or any other protected category. 2. Defendant shall not discriminate or retaliate against any person because of opposition to any practice made unlawful under Title VII of the Civil Rights Act of 1964 or the Equal Pay Act of 1963, or because of the filing of a charge, the giving of testimony or assistance, or the participation in any investigation, proceeding or hearing under any of the foregoing statutes. 3. Defendant shall pay Greta C. Crouse the sum of Forty-Four Thousand Dollars ($44,000) in settlement of the claims raised in this action, as follows: Defendant shall issue one check made payable to Greta C. Crouse in the sum of thirty-four thousand three hundred thirty three dollars and thirty-three cents ($34,333.33), and shall issue one check made payable to Joyce L. Davis and Associates in the sum of nine thousand six hundred sixty-six dollars and sixtyseven cents ($9,666.67), for Crouse's attorneys' fees. Payment shall be delivered to Crouse upon execution of this Consent Decree by all parties, and the Defendant shall deliver said payment to Laura J. Wetsch, Attorney for Greta C. Crouse, at the offices of Joyce L. Davis
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Case 5:01-cv-00406-BO Document 15 Filed 09/19/2001 Page 3 of 7
& Associates, P.O. Box 709, Raleigh, N.C. 27602-0709. Within ten (10) days after the checks have been delivered to Crouse's attorney, Defendant shall mail to Mindy E. Weinstein, Regional Attorney, Equal Employment Opportunity Commission, 129 Trade Street, Suite 400, Charlotte, NC 28202, a copy ofthe checks and proof of the delivery to Crouse's attorney.
4. Defendant agrees that it shall provide a training program to all of its management and supervisory employees who participate in hiring and personnel selections at its facilities in North Carolina. At least fifteen (15) days prior to the program, Defendant shall provide the Commission with an agenda for the training program. The training program will include an explanation of the requirements of the federal equal employment opportunity laws, including Title VII of the Civil Rights Act of 1964 and its prohibition against sex discrimination in the workplace, including sex discrimination in hiring. The training will also cover Defendant's antidiscrimination policy, and an explanation of the rights and responsibilities of employees and managers under the policy. This training shall be completed within ninety (90) days after entry ofthe decree by the Court. Within ten (10) days after completion of the training, Defendant shall certify to the Commission the specific training which was undertaken and shall provide the Commission with a roster of all employees in attendance.
5. During the term of this Decree, Defendant shall conspicuously post the attached Employee Notice, marked Appendix A, hereby made a part of this Decree, in a place where it is visible to employees at each of its North Carolina facilities. If the Notice becomes defaced or unreadable, Defendant shall replace it by posting another copy of the Notice.
6. Defendant agrees that all advertisements it places for job vacancies will include a statement that Environmental Air Systems, Inc. is an equal opportunity employer that does not
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Case 5:01-cv-00406-BO Document 15 Filed 09/19/2001 Page 4 of 7
discriminate on the basis of sex, race, national origin, color, religion, age, disability, or any other protected status.
7. Defendant agrees to make good faith efforts to recruit qualified female applicants for Pipe Helper positions. As part of its efforts, Defendant will post all Pipe Helper openings at its North Carolina facilities in locations accessible to and frequented by employees and applicants for employment, where notices/information concerning employment are typically posted. Defendant will publically advertise vacancies for Pipe Helper positions in local newspapers and with the local office of the Employment Security Commission in each location where Defendant seeks to hire Pipe Helpers. Defendant agrees that it shall maintain records to demonstrate its compliance with this paragraph. Records shall include, but not be limited to, copies of advertisements, names and dates of publications in which advertisements appeared, and all documents reflecting recruitment efforts through the Employment Security Commission. Defendant agrees to provide this information to the Commission regarding these efforts on January 30th and July 30th of each year during the term of this Decree.
8. Defendant agrees to provide the Commission with semi-annual reports during the term of this Decree. The reports shall include the following information: the identities of all applicants for employment in Pipe Helper positions at Defendant's North Carolina facilities, including by way of identification each person's name, address, telephone number, social security number, sex and a statement of whether the individual was offered employment and/or hired, and the identify of the selecting official. Defendant shall submit the reports to the Commission on January 30th and July 30th of each year during the term of this Decree.
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Case 5:01-cv-00406-BO Document 15 Filed 09/19/2001 Page 5 of 7
9. Defendant agrees that the Commission may review compliance with this Decree. As part of such review, the Commission may inspect the premises, interview employees and examine and copy documents.
10. If anytime during the term of this Decree, the Commission believes that Defendant is in violation of this Decree, the Commission shall give notice of the alleged violation to the Defendant. Defendant shall have thirty (30) days in which to investigate and respond to the allegations. Thereafter, the parties shall have a period of thirty (30) days, or such additional period as may be agreed upon by them, in which to engage in negotiation and conciliation regarding such allegations, before the Commission exercises any remedy provided by law.
11. The term of this Decree shall be for three (3) years from its entry by the Court. 12. Each parties shall bear its own costs in this action. 13. This Court shall retain jurisdiction of this cause for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate.
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Case 5:01-cv-00406-BO Document 15 Filed 09/19/2001 Page 6 of 7

The parties jointly request that the Court approve and enter the Consent Decree:

ENVIRONMENTAL A: R SYSTEMS, INC.

Brooks, Pierce, M

on,

Humphrey & Leonard, L.L.P.

P.O. Box 26000

Greensboro, N.C. 27420

GRETA C. CROUSE,
bY:,U@,~ ..... GRETA C. CROUSE c/o Joyce L. Davis & Associates P.O. Box 709 Raleigh, N.C. 27601

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507
by: '>I~v1~,,-
Regional Attorney 129 West Trade Street, Suite 400 Charlotte, NC 28202

Attorney for reta C. Crouse Joyce L. Davis & Associates P.O. Box 709 Raleigh, N.C. 27601

LYNETTE BARNES Supervisory Trial Attorney 129 West Trade Street, Suite 400 Charlotte, NC 28202
,C by: : c, tL-- [) OEG.MAHOOD Trial Attorney 1309 Annapolis Drive Raleigh, NC 27608

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Case 5:01-cv-00406-BO Document 15 Filed 09/19/2001 Page 7 of 7

NOTICE TO EMPLOYEES

1.

This Notice is posted pursuant to a settlement between Environmental Air Systems, Inc. and the

u.S. Equal Employment Opportunity Commission in a case alleging discrimination based on

sex.

2.

Federal law requires that employers may not discriminate against any employee because of the

employee's race, color, religion, sex, national origin, age (40 or older) or disability.

Environmental Air Systems, Inc. supports and will comply with such federal law in all respects.

Specifically, Environmental Air Systems, Inc. agrees that it will not discriminate any applicants

or employees based on sex.

3.

Environmental Air Systems, Inc. will not take any actions against employees because ofthe

filing of a charge, the giving of testimony or assistance, or the participation in any investigation,

proceeding or hearing conducted by the U. S. Equal Employment Opportunity Commission.

An employee has the right, and is encouraged to exercise that right, to report allegations of employment discrimination in the workplace. An employee may contact the U. S. Equal Employment Opportunity Commission at the following address and telephone number for the purpose of filing a charge of employment discrimination.

Equal Employment Opportunity Commission Raleigh Area Office 1309 Annapolis Drive
Raleigh, North Carolina 27608 Tel: (919) 856-4064

APPENDIX A

 
 Case 5:01-cv-00406-BO Document 1 Filed 06/04/2001 Page 1 of 5

P/LI2

IN THE UNITED STATES DISTRICT COURT

'JlIN D

FOR THE EASTERN DISTRICT OF NORTH CAROLINAo,.qv, . 0 , 2001

WESTERN DIVISION

Us 0 70 VI; D

8y 1srRICr'flNIE:( C( ~ COURr E:R/(

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

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~ DE:p ,E:ONC
CIVIL ACTION N0·50/- cJ!f-Ffst[fo-.fIJ~

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Plaintiff,

)

)

COMPLAINT

v.

)

)

JURY TRIAL DEMANDED

ENVIRONMENTAL AIR SYSTEMS, INC. )

)

Defendant.

)

--------------------------)

NATURE OF THE ACTION

This is an action under Title VII of the Civil Right Act of 1964, and Title I of the Civil

Rights Act of 1991 to correct unlawful employment practices on the basis of sex, and to provide

appropriate relief to Greta C. Crouse, who was adversely affected by such practices. The

Commission alleges that Environmental Air Systems, Inc. engaged in unlawful employment

practices when it refused to hire Greta C. Crouse based on her sex, female, for a Pipe Helper

position.

JURISDICTION AND VENUE

I. 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 Section 706(f)(1) and (3) of

Title VII ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(f)(1) 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 unlawful were committed within the

jurisdiction of United States District Court for the Eastern District of North Carolina.

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Case 5:01-cv-00406-BO Document 1 Filed 06/04/2001 Page 2 of 5
PARTIES 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(f)(I) and (3) ofTitle VII, 42 U.S.C. §§ 2000e-5(f) (I) and (3). 4. At all relevant times, Defendant, Environmental Air Systems, Inc., ("Defendant") has continuously been a North Carolina corporation doing business in the State of North Carolina and the City of Wilson, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Greta C. Crouse filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. In or about October 1999, Defendant engaged in unlawful employment practices at its Wilson, North Carolina worksite in violation of Section 703(a)(I) of Title VII, 42 U.S.C. § 2000e-2(a)(1). Specifically, Defendant failed to hire Greta C. Crouse into a Pipe Helper position at its Wilson, North Carolina job site because of her sex, female. 8. The effect of the practice complained of in paragraph 7 above has been to deprive Greta C. Crouse of equal employment opportunities and otherwise adversely affect her status as an applicant for employment because of her sex, female.
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Case 5:01-cv-00406-BO Document 1 Filed 06/04/2001 Page 3 of 5
9. The unlawful employment practice complained of in paragraph 7 above was intentional.
10. The unlawful employment practice complained of in paragraph 7 above was done with malice or with reckless indifference to the federally protected rights of Greta C. Crouse.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from refusing to hire women based on their sex and from any other employment practice which discriminates on the basis of sex. B. Order Defendant to institute and carry out policies, practices, and programs that provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to make whole Greta C. Crouse, by providing appropriate back pay and benefits with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to hiring or front pay as appropriate. D. Order Defendant to make whole Greta C. Crouse, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including job search expenses and medical expenses, in amounts to be determined at trial.
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Case 5:01-cv-00406-BO Document 1 Filed 06/04/2001 Page 4 of 5
E. Order Defendant to make whole Greta C. Crouse, by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, and loss of self-esteem, in amounts to be determined at trial.
F. Order Defendant to pay Greta C. Crouse punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions offact raised by its complaint.
I DATED this S\- day of ....:::..):..:u:..:."'....:.C-::::...-_ _ _, 2001.
Respectfully submitted, GWENDOLYN Y. REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
~;fkd.
MINDYWJk:rNS4IN >
----:~- ~~e~ _ _______
Supervisory Trial Attorney
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Case 5:01-cv-00406-BO Document 1 Filed 06/04/2001 Page 5 of 5

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202
~l~oo0-& Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Raleigh Area Office 1309 Annapolis Drive Raleigh, North Carolina 27608 Telephone (919) 856-4080
Attorneys for Plaintiff

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 CM/ECF - NCED - Docket Report

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CLOSED
U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA (Western Division)
CIVIL DOCKET FOR CASE #: 5:01-cv-00406-BO

EEOC v. Environmental Air Assigned to: Judge Terrence W. Boyle Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff
EEOC

Date Filed: 06/04/2001 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Lynette A. Barnes EEOC/ Charlotte District Officed 129 West Trade St. Suite 400 Charlotte, NC 28202-5306 704-344-6878 Fax: 704-344-6780 Email: lynette.barnes@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mindy E. Weinstein E. E. O. C. 129 W. Trade St. Suite 400 Charlotte, NC 29202-2799 704-344-6886 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Zoe G. Mahood E.E.O.C. 1309 Annapolis Dr. Raleigh, NC 27608 919-856-4080 Fax: 919-856-4156 Email: zoe.mahood@EEOC.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Greta Cindi Crouse

represented by Laura J. Wetsch Winslow & Wetsch, PLLC 416 Morson St.

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V. Defendant Environmental Air Systems, Inc.
V. Intervenor Defendant Environmental Air Systems, Inc.

Raleigh, NC 27601 919-834-6534 Fax: 919-834-6536 Email: lwetsch@winslow-wetsch.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Elizabeth V. LaFollette Brooks, Pierce, McLendon, Humphrey & Leonard llafollette@brookspierce.com P.O. Box 26000 Greensboro, NC 27420-6000 336-373-8850 Fax: 232-9172 LEAD ATTORNEY ATTORNEY TO BE NOTICED
William P.H. Cary Brooks, Pierce, McLendon, Humphrey & Leonard cmeyers@brookspierce.com P.O. Box 26000 Greensboro, NC 27420-6000 336-373-8850 Fax: 378-1001 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/01/2001 06/04/2001
06/12/2001

#

Docket Text

Plaintiff will be serving by waiver of service. (fdc) (Entered: 06/04/2001)

1 Complaint filed; sex discrimination; JURY DEMAND. (fdc) (Entered: 06/04/2001)

2 Waiver of Service Returned Executed as to Environmental Air 6/1/01 signed by James R. Bullock, Registered Agent for Environmental Air Systems, Inc. Answer due on 7/31/01 for Environmental Air (fdc) (Entered: 06/13/2001)

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06/13/2001 06/13/2001 07/05/2001 07/12/2001 07/24/2001
07/24/2001 07/25/2001 07/31/2001 08/10/2001 08/13/2001 08/30/2001 08/30/2001 09/04/2001 09/17/2001 09/19/2001 09/19/2001

3 Motion by Greta Cindi Crouse to intervene by Greta Cindi Crouse w/ attached proposed complaint in intervention. (fdc) Modified on 06/14/2001 (Entered: 06/14/2001)
4 Memorandum by Greta Cindi Crouse in support of [3-1] motion to intervene by Greta Cindi Crouse (fdc) (Entered: 06/14/2001)
5 Waiver of Service Returned Executed as to Environmental Air 6/1/01 Answer due on 7/31/01 for Environmental Air (fdc) (Entered: 07/10/2001)
Motions submitted to Judge Boyle: [3-1] motion to intervene by Greta Cindi Crouse submitted (fdc) (Entered: 07/12/2001)
6 Order granting [3-1] motion to intervene by Greta Cindi Crouse signed by Terrence W. Boyle, USDJ. The proposed pleading attached to this motion shall constitute the initial pleading of the intervenor, and shall be deemed to have been filed as of the date of this Order. Defendant is ordered to answer this Complaint within twenty (20) days of the date that this Order is served upon the defendant. OB Ref: BO # 18, p. 115; served. (fdc) (Entered: 07/24/2001)
7 Intervenor's complaint by Greta Cindi Crouse against Environmental Air (fdc) (Entered: 07/24/2001)
8 Motion by Environmental Air to extend time ; cy of motion w/ proposed order to David W. Daniel, Clerk. (fdc) (Entered: 07/30/2001)
9 Order granting [8-1] motion to extend time, reset answer due for 8/30/01 for Environmental Air signed by David W. Daniel, Clerk. Served. (fdc) (Entered: 08/03/2001)
10 Motion by Environmental Air to extend time (fdc) (Entered: 08/13/2001)
11 Order granting [10-1] motion to extend time, reset answer due for 8/30/01 for Environmental Air signed by David W. Daniel, Clerk. Served. (fdc) (Entered: 08/13/2001)
12 Answer to Complaint by Environmental Air (fdc) (Entered: 09/04/2001)
13 Answer by Environmental Air to [7-1] intervenor complaint (fdc) (Entered: 09/04/2001)
14 Request for Discovery Plan: Discovery Plan due by 10/18/01 (fdc) (Entered: 09/04/2001)
Forwarded Consent Decree to Judge Boyle for signature. (fdc) (Entered: 09/17/2001)
15 Consent judgment for EEOC, Greta Cindi Crouse against Environmental Air signed by Terrence W. Boyle, USDJ. OB Ref: BO # 18, p. 212; served. (fdc) (Entered: 09/19/2001)
Case closed; non-perm. (fdc) (Entered: 09/19/2001)

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