IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION

F J LED
CHARlOlTE, N.C.
SfP 7 1999

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

BASF CORPORATION,

)

)

Defendant.

)

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

U.S. DISTRICT COURT W. DIST. OF N.C.
CIVIL ACTION NO. J:9gev'37I-)1Iti
COMPLAINT JURY TRIAL DEMAND

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 on the basis of sex, and to provide appropriate relief to Yvette McGill who was adversely affected by such practices. The Commission alleges that Defendant engaged in unlawful employment practices when it failed to hire Yvette McGill based on her sex, female, for a Chemical Operator position at its Charlotte, North Carolina plant.
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(f) (1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e5(f) (1) and (3) ("Title VIlli), and pursuant to section 102 of the Civil Rights Act of 1991, 42 U.S.C. S 1981a.

/
...... .... ~--~

2. The employment practices alleged to be unlawful were

committed within the jurisdiction of the United states District

Court for the Western District of North Carolina, Charlotte

Division.

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

sections 706(f) (1) and (3) of Title VII, 42 U.S.C. SS 2000e-5(f) (1)

and (3).

4. At all relevant times, Defendant, BASF corporation, has

continuously been a Delaware Corporation doing business in the

state of North Carolina and the city of Charlotte, and has

continuously had at least 15 employees.

5. At all relevant times, Defendant 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. SS

2000e (b), (g) and (h).

STATEMENT OF CLAIMS

6. More than thirty days prior to the institution of this

lawsuit, Yvette McGill 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 July 1997, Defendant engaged in unlawful

2

employment practices at its Charlotte, North Carolina job site, in violation of section 703{a){1) of Title VII, 42 U.S.C. § 2000e2{a) (l). specifically, Defendant failed to hire Yvette McGill into a chemical operator job at its Charlotte, 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 Yvette McGill of equal employment opportunities and otherwise adversely affect her status as an applicant for employment because of her sex, female.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Yvette McGill.
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 which provide equal employment opportunities for women, and which eradicate the effects of its
3

past and present unlawful employment practices. C. Order Defendant to make whole Yvette McGill, by providing
appropriate backpay 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 Yvette McGill, 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.
E. Order Defendant to make whole Yvette McGill by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including, but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to determined at trial.
F. Order Defendant to pay Yvette McGill 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 of fact
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raised by its complaint.

C. GREGORY STEWART General Counsel Designate
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 "L" Street, N.W. washington, D.C. 20507

Attorney
RODERICK VENTURA Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street Suite 400 Charlotte, NC 28202 (704) 344-6875

5

 
 RECEIVED
CHARLOTTE. N.C.

0Cl3 02000

IN THE UNITED STATES DISTRICT COURT F I ,... E 0
WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE, N. C.

Clerk, U. S. Dist. Court W. Oist of N. C.
EQUAL EMPLOYMENT

CHARLOTTE DIVISION
)

.NOV, 2 2000

OPPORTUNITY COMMISSION,

)

)

Plaintiff

)

U. S. DISTRICT COURT W. DIST. OF N. C.

)

v.

) CASE NO. 3:99CV370-MU

)

BASF CORPORATION,

)

)

Defendant

)

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

CONSENT DECREE

This action was instituted by the Equal Employment

opportunity Commission ("Plaintiff") against BASF Corporation

("Defendant") pursuant to Section 706 (f) (1) of Title VII of the

Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e, et

.§.§..g., ("Title VII") and Section 102 of the Civil Rights Act of

1991, 42 U.S.C. § 1981a. Plaintiff alleged that Defendant

engaged in an unlawful employment practice at its Charlotte

(Chesapeake), North Carolina facility when it failed to hire

Yvette McGill because of her sex.

Plaintiff and Defendant hereby stipulate to jurisdiction of

the Court over the parties and the subject matter of this action.

Plaintiff and Defendant desire to resolve the allegations in

the Complaint without the burden, expense, and delay of contested

litigation. Therefore, both have agreed to the entry of this

Consent Decree. This Decree, being entered with the consent of

the parties, shall not constitute an adjudication or finding on

10

the merits of the present action and shall not be used or introduced for any purpose whatsoever in any legal proceeding, except in an action to enforce this Decree. The parties have agreed to this Decree, and neither this Decree nor the provisions contained herein shall be interpreted or construed as an admission by Defendant of a violation of Title VII or any other law prohibiting discrimination.
This Decree shall be final and binding upon Plaintiff and Defendant, as well as upon their respective successors and assigns.
The Court has jurisdiction over the parties and the subject matter of this action. The Court has reviewed the terms of the proposed Consent Decree and in light of the pleadings and applicable laws and regulations, it has approved this Consent Decree as one which will promote and effectuate the purposes of Title VII.
It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. Defendant shall not discriminate against applicants for employment or employees on the basis of sex (gender) by denying equal employment opportunities to female applicants or employees. 2. Defendant shall not discriminate or retaliate against any person because of opposition to any practice made unlawful under Title VII, or because of the filing of a charge, the giving of testimony, or assistance or participation in any
2

investigation, proceeding or hearing under Title VII. 3. Within thirty (30) days of the Court's approval of this
Consent Decree, the Defendant shall pay Yvette McGill the sum of twelve thousand five hundred dollars ($ 12,500) in settlement of her claim by mailing said payment, by certified mail, return receipt requested, to Ms. McGill at 611 Waterview Drive, Concord, NC 28207. Within ten (10) days of making said payment, Defendant shall mail to Mindy E. Weinstein, Regional Attorney, Equal Employment Opportunity Commission, 129 West Trade Street, Suite 400, Charlotte, NC 28202, a copy of the check and proof of its delivery to Ms. McGill.
4. The parties agree that the monies distributed to Ms. McGill shall be deemed damages not resulting from physical injuries or physical sickness. Defendant will issue Ms. McGill an IRS 1099 form as required by law, reflecting payment of these damages.
5. Defendant agrees to eliminate from the employment record of Yvette McGill any and all documents and entries relating to the facts and circumstances which led to the filing of the EEOC Charge made the basis of this suit, and the related events which occurred thereafter.
6. Within ten (10) days after the Court's approval of this Consent Decree, and continuing throughout the term of this Decree, Defendant shall conspicuously post the attached Employee
3

Notice, marked Exhibit A, in a place where it is visible to employees at its Charlotte (Chesapeake) North Carolina facility.
7. Defendant has adopted a written policy prohibiting sex discrimination. Said policy is attached hereto as Exhibit B. A copy of said policy shall be distributed to each manager, supervisor and employee (temporary and permanent) at Defendant's Charlotte (Chesapeake) North Carolina facility within thirty (30) days of the entry of this Consent Decree and to each new hire upon application or hiring. Additionally, Defendant has adopted the Equal Employment Opportunity Statement attached hereto as Exhibit C ("EEO Statement"). Said EEO Statement shall be appended to each BASF (Chesapeake) application that is provided to applicants for employment.
8. Defendant shall provide training to all managers, supervisors and employees on the payroll of Defendant's Charlotte (Chesapeake) North Carolina facility concerning its policy against sex discrimination. This training shall be completed within one hundred twenty (120) days of entry of this Consent Decree. Within one hundred fifty (150) days of entry of the Consent Decree, 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. Said certification and roster shall be forwarded to Mindy E. Weinstein, Regional Attorney, EEOC, at the address in paragraph 3
4

above.
9. For a period of two (2) years from the date this
Consent Decree is entered by the Court, Defendant shall submit
semi-annual reports to the Commission concerning its hiring into temporary and permanent production operator positions at its
Charlotte (Chesapeake) North Carolina facility. The reports
shall contain the following information for the reporting period:
a) the name, address, social security number, sex and position of all persons hired or used as temporary employees in the production operator positions;
b) copies of all job applications received for the production operator position during the reporting period; and
c) copies of all written job referrals received for the production operator position from any referral agency, including both governmental and private employment agencies.
10. The first report shall be submitted five (5) months
after entry of the Consent Decree. Thereafter, reports shall be submitted every six months during the term of this Decree. The
reports shall be mailed to Mindy E. Weinstein, Regional Attorney,
EEOC, at the address in paragraph 3 above.
11. If at any time 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
5

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.
12. The term of this Decree shall be for two (2) years from its entry by the Court.
13. Each party shall bear its own costs and attorney fees. 14. 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.
6

CONSENTED TO this

~~
..;z; -

day

of

---.~ :.;.(.7 J,,/--=! l~~~..~ x:_ !... _ _'

2000.

BASF CORPORATION
By: itdiJp;tad.. for BASF Corporation
By~:lAe_d. s·o1e1,~:IIiI j.Attorney at Law Robinson, Bradshaw & Hinson, P.A. 101 N. Tryon St., Ste 1900 Charlotte, NC 28246

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

7

Copy to: Lynette A. Barnes Supervisory Trial Attorney 129 W. Trade Street, Suite 400 Charlotte, NC 28202 Louis Bledsoe, III ROBINSON, BRADSHAW & HINSON, P.A. 101 North Tryon Street, Suite 1900 Charlotte, NC 28246
8

NOTICE TO EMPLOYEES

Federal law prohibits discrimination against any employee or applicant for employment because of the individual's sex, race, color, religion, national origin, disability or age (40 and over) with respect to hiring, promotion, discipline, firing, compensation, or other terms, conditions or privileges of employment. Federal law also prohibits retaliation against any employee or applicant for employment because the individual has opposed discriminatory employment practices.
BASF Corporation supports and will comply with such federal law in all respects and will not discriminate against any applicant in hiring because of their sex. Additionally, BASF Corporation will not take any action against employees because of their race, color, religion, sex, national origin, disability or age, or because they have exercised their rights under the law.
BASF Corporation has adopted an equal employment opportunity policy and will ensure that all management, supervisory employees and other employees abide by the requirements of that policy.
_ zD~O~N~O~T~REM=:=O~VE~=T=H=IS~N=O~T~I=C=E~UN==TI=L~: ______________________ ,2002.

Date

for BASF Corporation

EXHIBIT A

BASF Corporation Title: Equal Employment Opportunity/Affirmative Action

Corporate Policy

Function: Human Resources - Industrial Relations / EEO

No.: BC021

Page: 1 of 3

I I Reviewed: 2/16/00 Effective: 2/28/00 Supersedes: 1/1199 (Rev. 1)

Preparer:

Owner:

Approver:

Director, Equal Employment Director, Equal Employment

Chairman and Chief

Opportunity & Diversity

Opportunity & Diversity

Executive Officer

(Signature on File)

(Signature on File)

(Signature on File)

1. PURPOSE

To provide guidance to employees of BASF Corporation ("BASF") regarding their responsibility to comply with federal and applicable civil rights laws.

2. DEFINITIONS

2.1. Affirmative Action Program (" AAP") A written program in compliance with federal guidelines in which BASF annually details the steps it will take and has already taken to ensure Equal Employment Opportunity.

2.2. Equal Employment Opportunity The treatment of employees and applicants on the basis of job-related skills and work performance and not because of their age, citizenship, color, disability, national origin, pregnancy, race, religion, sex, sexual orientation, veteran status, or any other basis prohibited by law.

3. POLICY

3.1. Equal Opportunity BASF shall provide equal opportunity to all qualified employees and applicants for employment.

3.2. Prohibited Behavior BASF prohibits discrimination in employment because of

• ~e
• Citizenship
• Color • Disability • National origin
• Pregnancy

• ~ce
• Religion
• Sex • Sexual orientation • Veteran status
• Any other basis prohibited by law.

3.3. Affirmative Action Programs

3.3.1. Types of Affirmative Action Programs As required by federal law and regulations, all BASF locations will have separate written Affirmative Action Programs which will address: • the underutilization of minorities and females • special disabled veterans and veterans of the Vietnam era, and • individuals with disabilities.

EXHIBIT B

BASF Corporation Title: Equal Employment Opportunity/Affirmative Action

Corporate Policy

Function: Human Resources - Industrial Relations / EEO

No.: BC021

Page: 2 of 3

I I Reviewed: 2/16/00 Effective: 2128/00 Supersedes: 1/1/99 (Rev. 1)

3. POLICY cont'd.

3.3. Affirmative Action Programs cont'd.

3.3.2. Goals of Affirmative Action Programs BASF's goals are to: • achieve a representative work force mixture of qualified ethnic minority and female employees at all job levels in the organization, and • provide Equal Employment Opportunity for all qualified employees and applicants for employment.

3.4. Complaint Procedure • Individuals who believe that they have been the subject of discrimination should report the alleged act immediately to their supervisor. • If the problem or complaint is directed at the immediate supervisor, the complaint should be filed with the next level of management or above, or directly with the Human Resources representative for the individual unit. • Employees may also use the confidential Corporate Compliance HOTLINE (1800-241-1280) to report complaints of discrimination.

3.5. Policy Dissemination This policy must be made available as follows: • Distributed to all Human Resources representatives. • Conspicuously and permanently posted on all bulletin boards. • Provided to all new employees. • Posted on the BASF Intranet.

4. SCOPE

Applies to BASF and its United States subsidiaries.

5. RESPONSIBILITIES

5.1. Employees Responsible for • complying with this policy, and • cooperating in any investigation of alleged discrimination.

5.2. Human Resources Representatives Responsible for • initiating timely and confidential investigations, and • reporting results of investigations to appropriate BASF officials.

BASF Corporation Title: Equal Employment Opportunity/Affirmative Action

Corporate Policy

Function: Human Resources - Industrial Relations / EEO

No.: BC021

Page: 3 of 3

I I Reviewed: 2116/00 Effective: 2128/00 Supersedes: 1/1/99 (Rev. 1)

5. RESPONSIBILITIES cont'd.

5.3. Supervisors and Managers Responsible for • implementing this policy in their work groups • insuring all employees understand this policy • notifying Human Resources immediately about any complaints of discrimination, and • in coordination with the appropriate Human Resources representative, taking immediate and appropriate corrective action when necessary.

5.4. Director, Equal Employment Opportunity & Diversity
Responsible for • developing educational programs and providing technical assistance to ensure
compliance with this policy, and • interpreting this policy.

6. RELATED DOCUMENTS

BC004 Human Resource Policies - Statement of Purpose BC020 Sexual and Other Harassment

BASF Corporation

BASF

EQUAL EMPLOYMENT OPPORTUNITY STATEMENT

Thank you for taking time to investigate career opportunities at BASF Corporation.

The policy of BASF Corporation is to provide Equal Employment Opportunity for all

qualified applicants and employees, ensure that the workplace is free of harassment,

I

and to comply with all federal and state EEO laws and regulations. The Corporation will recruit, hire, train, and promote qualified persons in all job titles, ensure that all

I-t
8

other personnel actions are administered without regard to age, race, sex, national

0:-.

origin, religion, veteran or disability status, or sexual orientation, and ensure that all

employment decisions are based only on valid job requirements.

pab United States District Court
for the Western District of North Carolina
November 2, 2000
* * MAILING CERTIFICATE OF CLERK * *
Re: 3:99-cv-00370
True and correct copies of the attached were mailed by the clerk to the following:
Roderick Ventura, Esq. EEOC/Charlotte District Office 129 W. Trade St., Ste. 400 Charlotte, NC 28202
Louis A. Bledsoe, Esq. Robinson, Bradshaw & Hinson, P. A. 101 No. Tryon St. Suite 1900 Charlotte, NC 28246
c: udge agistrate Judge '. S. Marshal 'robation '. S. Attorney ,tty. for Deft. lefendant 'arden ureau of Prisons ~ourt Reporter lourtroom Deputy 'rig-Security ankruptcy Clerk's Ofe.
Ither----------------

 
 CM/ECF - LIVE DATABASE - NCWD - Docket Report

Page 1 of 2

U.S. District Court Western District of North Carolina (Charlotte) CIVIL DOCKET FOR CASE #: 3:99-cv-00370

CLOSED

EEOC v. BASF Corporation Assigned to: Graham Mullen Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff Equal Employment Opportunity Commission

Date Filed: 09/07/1999 Date Terminated: 11/02/2000 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Roderick Ventura Weaver, Bennett & Bland P.O. Box 2570 Matthews, NC 28106 704/844-1400 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant BASF Corporation

represented by Louis Adams Bledsoe, III Robinson, Bradshaw & Hinson, P. A. Robinson, Bradshaw & Hinson, P.A. 101 North Tryon Street Suite 1900 Charlotte, NC 28246 704-377-8339 Fax: 704-373-3939 Email: lbledsoe@rbh.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/07/1999 09/07/1999
09/07/1999
09/22/1999

#

Docket Text

1 COMPLAINT (former emp) (Entered: 09/08/1999)

SUMMONS(ES) issued for BASF Corporation (former emp) (Entered: 09/08/1999)

Copy of REQUEST FOR WAIVER of Service as to BASF Corporation placed in file (former emp) (Entered: 09/13/1999)

2 CONSENT/REFUSAL to Magistrate Jurisdiction by EEOC - consent (former emp) (Entered: 09/24/1999)

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?581337714373533-L_353_0-1

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CM/ECF - LIVE DATABASE - NCWD - Docket Report

Page 2 of 2

11/09/1999 11/09/1999 12/08/1999 12/09/1999 12/13/1999
01/28/2000
04/04/2000 11/02/2000 11/02/2000

3 CONSENT/REFUSAL to Magistrate Jurisdiction by BASF Corporation refusal (former emp) (Entered: 11/12/1999)
4 ANSWER to Complaint by BASF Corporation (Attorney Louis A. Bledsoe), (former emp) (Entered: 11/12/1999)
5 Certificate of I.A.C. by plaintiff EEOC (former emp) (Entered: 12/08/1999)
6 Certificate of I.A.C. by plaintiff EEOC, defendant BASF Corporation (former emp) (Entered: 12/10/1999)
7 ORDER, set for IPC at 10:15 1/19/00 before Judge Graham C. Mullen ( signed by Judge Graham C. Mullen ) [EOD DATE: 12/14/99] (former emp) (Entered: 12/14/1999)
8 INITIAL PRETRIAL ORDER Discovery deadline is 10/15/00 Motion filing deadline is 11/15/00 Mediation due: 3/15/00 Jury Trial set for 3/5/01 ( signed by Judge Graham C. Mullen ) (former emp) (Entered: 01/31/2000)
9 Mediator's Report - terminated (former emp) (Entered: 04/06/2000)
10 ORDER/Consent Decree ( signed by Judge Graham C. Mullen ) [EOD DATE: 11/6/00] (former emp) (Entered: 11/06/2000)
Case closed (former emp) (Entered: 11/06/2000)

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Cost:

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5/30/2007