;

FILED

IN THE UNITED STATES DISTRICT COURT

.

!APR
DaVid W.

1~-

19<:'9

FOR

THE

EASTERN DISTRICT OF NORTH WESTERN DIVISION

CAROLBINy _llISIDti-slrkt~DCOaUnrlta,l,~CDlNerCk

.~ Dep, Clerk

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

CIVIL ACTION NO. 5 ~C\.C\.. .CV - d51-~

Plaintiff,

)

)

COMPLAINT

v.

)

)

JURY TRIAL DEMAND

G-A MASONRY CORPORATION,

)

)

Defendant.

)

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

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of

1964 (IITi tIe VII II), and Ti tIe I of the Civil Rights Act of 1991, to

correct unlawful employment practices on the basis of sex, and to

provide appropriate relief to Diane Gill, Betsy Frasier, and a

class of women, including Michelle Coleman, Adriane Henry, Willie

Jones and Gladys Spinks, who were adversely affected by such

practices. The Commission alleges that Defendant engaged in unlawful employment practices when it failed to hire women based on their sex into mason tender positions at its Fort Bragg, North Carolina job site.
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 Sections 706(f) (1) and (3) and 707 of Title VII of the Civil Rights Act of 1964, as amended,

I

42 U.S.C. §§ 2000e-5(f) (1) and (3) and -6, and pursuant to 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 the United States District Court for the Eastern District of North Carolina, Western 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) and 707 of Title VII, 42 U.S.C. § § 2 000e - 5 (f) (1) and (3 ) and - 6 . 4. At all relevant times, Defendant G-A Masonry Corporation ("Defendant"), has continuously been a New York corporation doing business in the State of North Carolina and the City of Fort Bragg, 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. §§ 2000e (b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Diane Gill and Betsy Frasier filed charges with the Commission alleging violations of Title VII by Defendant. All
2

conditions precedent to the institution of this lawsuit have been

fulfilled.

7. Since at least February 1996, and continuing, Defendant

has engaged in unlawful employment practices at its Fort Bragg,

North Carolina job site, in violation of Section 703(a) (1) of Title

VII, 42 U.S.C. § 2000e-2(a) (1) . Specifically, Defendant failed to

hire women into mason tender jobs at its Fort Bragg, NC, job site

because of their sex.

8.

The effect of the practices complained of in paragraph

7 above has been to deprive Diane Gill, Betsy Frasier, and a class

of women, including Michelle Coleman, Adriane Henry, Willie Jones

and Gladys Spinks, of equal employment opportunities and otherwise

adversely affect their status as applicants for employment because

of their sex.

9. The unlawful employment practices complained of in

paragraph 7 above constitute a pattern or practice of unlawful

gender-based discrimination, actionable pursuant to Section 707 of

Title VII, 42 U.S.C. § 2000e-6.

10. The unlawful employment practices complained of in

paragraph 7 above were intentional.

11. The unlawful employment practices complained of in

paragraph 7 above were done with malice or with reckless

indifference to the federally protected rights of Diane Gill, Betsy

Frasier, and a class of women, including Michelle Coleman, Adriane

Henry, Willie Jones and Gladys Spinks.

3

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 past and present unlawful employment practices. C. Order Defendant to make whole Diane Gill, Betsy Frasier, and a class of women, including Michelle Coleman, Adriane Henry, Willie Jones and Gladys Spinks, 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 Diane Gill, Betsy Frasier, and a class of women, including Michelle Coleman, Adriane Henry, Willie Jones and Gladys Spinks, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to, job search expenses and medical expenses, in amounts to be
4

determined at trial. E. Order Defendant to make whole Diane Gill, Betsy Frasier,
and a ~~lass of women, including Michelle Coleman, Adriane Henry, Willie Jones and Gladys Spinks, 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 Diane Gill, Betsy Frasier, and a class of women, including Michelle Coleman, Adriane Henry, Willie Jones and Gladys Spinks, 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 raised by its complaint.
C. GREGORY STEWART General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507
5

~{~
M~ WEINSTEIN Regional Attorney
~~ -LYNETTE A. BA ES Senior Trial Attorney N.C. Bar No. 19732 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 W. Trade Street, Suite 400 Charlotte, NC 28202 Telephone: (704) 344-6887
6

 
 ~..d-~\~\~

~ ~\.~ ~

S)

~ ...4~

IN THE UNITED STATES DISTRICT COURT

.Jt>~~(' FOR THE EASTERN DISTRICT OF NORTH CAROLINA"

..~?~~..,

WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

)

v.

)

)

G-A MASONRY CORPORATION,

)

)

Defendant.

)

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

CIVIL ACTION

CONSENT DECREE

FILED
APR 22 1999
~ E Dr8T. NO. OM.

This action was instituted by the Equal Employment Opportunity Commission (IIPlaintiffll) against G-A Masonry Corporation (IIDefendantll) 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 seq., (IITitle VIlli) 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 Fort Bragg, North Carolina site when it failed to hire Diane Gill, Betsy Frasier and a class of similarly situated females because of their 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 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 investigation, proceeding or hearing under Title VII.
2

.'

3 .

Defendant agrees to pay the gross sum of Forty Thousand

Dollars ($40,000) to resolve the Commission's claim for damages

under Title VII. The entire settlement fund shall be distributed

to the Charging Parties and the aggrieved class members in the

following amounts:

(a) Diane Gill - Nineteen thousand ($ 19,000) dollars;

(b) Betsy Frasier - Seventeen thousand ($ 17,000)

dollars; and

(c) Class members (Michelle Coleman, Adriane Henry,

Willie Jones and Gladys Spinks) - One thousand

($ 1,000) dollars each.

4. Upon receipt of the signed releases referenced in

paragraph 8 below, payment shall be made by Defendant in

two installments. The first installment in the gross amount of

twenty-five thousand ($ 25,000) dollars shall be made within

fifty (50) days after the Court approves this Consent Decree.

The payment shall be divided between the Charging Parties and

class members as follows (in gross amounts) :

(a) Diane Gill - Twelve thousand ($ 12,000) dollars;

(b) Betsy Frasier - Ten thousand five hundred

($ 10,500) dollars; and

(c) Class members (Michelle Coleman, Adriane Henry,

Willie Jones and Gladys Spinks) - Six hundred

twenty-five($ 625) dollars each.

3

5. The second installment in the gross amount of fifteen thousand ($ 15,000) dollars shall be made within one hundred and eighty (180) days after the first installment. The payment shall be divided between the Charging Parties and class members as follows (in gross amounts) :
(a) Diane Gill - Seven thousand ($ 7,000) dollarsi (b) Betsy Frasier - Six thousand five hundred
($ 6,500) dollarsi and (c) Class members (Michelle Coleman, Adriane Henry,
Willie Jones and Gladys Spinks) - Three hundred seventy-five($ 375) dollars each. 6. All checks shall be mailed by certified mail, return receipt requested to each of the class members and the Charging Parties at the addresses to be provided by the EEOC. Within ten (10) days of the date that Defendant mails the checks, 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 each check and proof of its delivery. 7. The parties agree that 50% of the monies distributed to
the Charging Parties and to the class members (as described in paragraph 3 above) will constitute back payor "wages" as defined in the federal income tax code (26 U.S.C. §§ 3121(a) and 3401(a)). The remainder of the monies distributed shall be deemed damages not resulting from physical injuries or physical sickness. Defendant will make appropriate federal employment tax withholdings from all amounts deemed wages.
4

8. Within ten (10) days after the Court approves this Consent Decree, Defendant shall mail the required releases directly to the Charging Parties and class members. The Charging Parties and class members, in consultation with their attorneys, shall have thirty (30) days to review and return the releases to Defendant. In the event that the required releases are not signed and returned to Defendant, and Defendant does not make the payments set forth in paragraphs 4 and 5 herein, the parties agree that this Consent Decree shall be null and void and litigation shall proceed in this matter.
9. Defendant agrees to eliminate from the employment record of Diane Gill and Betsy Frasier any and all documents and entries relating to the facts and circumstances which led to the filing of EEOC Charge Nos. 141970076 and 141970227 and the related events which occurred thereafter.
10. 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 Notice r marked Exhibit Ar in a place where it is visible to employees at all of its North Carolina job sites.
11. 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 r supervisor and employee at each of Defendant's North Carolina job sites within thirty (30) days of the entry of this Consent Decree, and to each applicant and new hire upon application or hiring.
5

12. Defendant shall provide training to all managers, supervisors and employees on the payroll of Defendant's North Carolina job sites concerning its policy against sex discrimination. This training shall be completed within sixty (60) days of entry of this Consent Decree. Within ninety (90) 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 6 above.
13. For a period of one (1) year from the date this Consent Decree is entered by the Court, Defendant shall submit semiannual reports to the Commission concerning its hiring practices at all of its North Carolina job sites, both currently existing sites and all new projects for which hiring occurs during the one year period. The reports shall contain the following information for the reporting period:
a) the name, address, social security number, race, sex and position of all persons hired;
b) copies of all job applications received during the reporting period; and
c) the name, address and social security number of all persons who complained about sex discrimination in hiring and Defendant's response to each complaint.
14. The first report shall be submitted five (5) months after entry of the Consent Decree. The second report shall be submitted six months after the first report. The reports shall be mailed to Mindy E. Weinstein, Regional Attorney, EEOC., at the
6

address in paragraph 6 above. 15. Defendant agrees that the Commission may review
compliance with this Decree. As part of such review, the Commission may inspect Respondent's job sites, interview employees and examine and copy documents.
16. 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 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.
17. The term of this Decree shall be for two (2) years from its entry by the Court.
18. Each party shall bear its own costs and attorney fees. 19. 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.
Ju ge, u.s. District Court
Eastern District of North C
7

CONSENTED TO this /1~ day of ~

, 1999.

G-A MASONRY CORPORATION
By: ~ ~ks,(),-r-
for G-A Masonry Corporation
By: ~ Q.~
David A. Grant Attorney at Law Baker & Hostetler LLP 1050 Connecticut Ave., N.W. Washington, D.C. 20036

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

8

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

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

vs.

)

) CIVIL ACTION NO.

G-A MASONRY CORPORATION

)

)

Defendant.

)

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

NOTICE TO EMPLOYEES

This Notice is being posted pursuant to a Consent Decree entered in the above-styled case. By entering into the Consent Decree, G-A Masonry Corporation does not admit that it violated Title VII or any other federal discrimination law.

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.

G-A Masonry Corporation supports and will continue to comply with such federal law in all respects and will neither discriminate nor retaliate against any applicant in hiring because of their sex. Additionally, G-A Masonry Corporation has not and 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.

G-A Masonry Corporation has adopted an equal employment opportunity policy and will continue to ensure that all management, supervisory employees and other employees abide by the requirements of that policy. Although G-A Masonry Corporation does not admit that it violated any federal law, the Company has taken and will continue to take any action as is required by the United States District Court, including the grant of monetary relief to aggrieved individuals, and the posting of this notice.

If you believe that you have been discriminated against based on your sex, race or in retaliation for opposing discriminatory employment pr~ctices, you should report the discriminatory conduct promptly to G-A Masonry Corporation, or to the U.S. Equal Employment Opportunity Commission. This Notice will remain posted for at least two (2) years by agreement with the U.S. Equal Employment Opportunity Commission. _ ~D~O~N~O~T~R~E~M~O~V~E~T~H~I~S~N~O~T~I~C~E~UNT~~I~L~: _________________________ ,2001.

Date

for G-A Masonry Corporat~on EXHIBIT A

Equal Employment Opportunity

"'.

Effective Date: 81291f17

In order to" pro\lide equal employment and advancement opportunities to all incflViduals.
employment decisions at G-A win be based on merit, ~u.rlfications, and abilities. G-A does not discriminate in employment opportunities or practices. cin the basis of race, color, religion. sex.
national origin. age. disability. or any other characteristic protected by law.

G-A wiU make reasonable accommodations for qualified;individuals with known disabili\ies unless
doing so would result In an undue hardship. This policy gO'lerns an aspeets of employment.
including selection, job assignment, campensatiOn, discipline, termination, and access to benefits
and training.

'" addition to a commitment to provlde equal employment I)pportunities to ~11 qualjf~d i~~ividuaJ~, G·A has establiShed an affirmative action program to promote opportunities for IndIVIduals In
certain protected classes throughout the organization.'

Any employees ~Ith questions or concems about any tyr;e of discriminaUon in the workplace are ~~~rag;rndpl,oo bnng l"ese ~ssue$ w the attention of their immediate supervisor or the Persol1nel

taondbeiru.e:.n/ugd;ilnlggintgeyreimneinsaanctyaiontnyporeafiesomef PucInOolaynmwceef m%s.d.lasCndn.mm.tnaakt~ionrep~o,I~it'5bWeitshuobujte,cI etator

0fre' pnsal. Anyone disciplinary action,

found
up to

EXHIBIT B

Copy to:
Lynette A. Barnes Senior Trial Attorney 129 W. Trade Street, Suite 400 Charlotte, NC 28202
David A. Grant Baker & Hostetler LLP 1050 Connecticut Ave., N.W. Washington, D.C. 20036

 
 CM/ECF - NCED - Docket Report

Page 1 of 2

CLOSED
U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA (Western Division)
CIVIL DOCKET FOR CASE #: 5:99-cv-00257-BO

Equal Employment v. G-A Masonry Corp. Assigned to: Judge Terrence W. Boyle Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff Equal Employment Opportunity Commission

Date Filed: 04/15/1999 Date Terminated: 04/22/1999 Jury Demand: Plaintiff 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

V. Defendant G-A Masonry Corporation

Date Filed 04/15/1999 04/15/1999
04/15/1999
04/22/1999 04/22/1999

#

Docket Text

1 Complaint filed; Title VII of the Civil Rights Acts of 1964 Failure to hire based on sex. JURY DEMAND. (fdc) (Entered: 04/15/1999)

2 Motion by G-A Masonry Corp. for admission pro hac vice for the limited purpose of obtaining the Court's approval of a Consent Decree that has been negotiated by the parties resolving the lawsuit. (fdc) (Entered: 04/15/1999)

Motion submitted to Chief USDJ Boyle: [2-1] motion for admission pro hac vice submitted. In addition, Consent Decree forwarded to Judge Boyle for consideration. (fdc) (Entered: 04/15/1999)

3 Order granting [2-1] motion for admission pro hac vice signed by Chief Judge Boyle; served. (bb) (Entered: 04/22/1999)

4 Consent Decree signed by all parties; approved by Chief Judge Boyle; served (bb) (Entered: 04/22/1999)

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CM/ECF - NCED - Docket Report

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04/22/1999

Case closed non-permanent (bb) (Entered: 04/22/1999)

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